CHAPTER 154
HB 1756 – FINAL VERSION
09mar06… 0989h
2006 SESSION
03/01
HOUSE BILL 1756
AN ACT relative to alternative regulation of small incumbent local exchange carriers.
SPONSORS: Rep. J. Garrity, Rock 6; Rep. Thomas, Belk 5; Rep. Ryan, Merr 2; Sen. Odell, Dist 8; Sen. Letourneau, Dist 19; Sen. Burling, Dist 5
COMMITTEE: Science, Technology and Energy
This bill modifies the requirements for plans submitted by small incumbent local exchange carriers requesting a form of regulation that is an alternative to rate of return regulation.
This bill is a request of the committee established by 2005, 263.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09mar06… 0989h
06-3008
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to alternative regulation of small incumbent local exchange carriers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
154:1 Alternative Regulation of Small Incumbent Local Exchange Carriers; Plans. Amend RSA 374:3-b, II-III to read as follows:
II. A small incumbent local exchange carrier subject to rate of return regulation may petition the public utilities commission for approval of an alternative form of regulation providing for regulation of such carrier's retail operations comparable to the regulation applied to competitive local exchange carriers, subject to paragraph III, due to its status as carrier of last resort.
III. The commission shall approve the alternative regulation plan if it finds that:
(a) Competitive wireline, wireless, or broadband service is available to a majority of the retail customers in each of the exchanges served by such small incumbent local exchange carrier;
(b) The plan provides for maximum [basis] basic local service rates at levels [prevailing throughout the state as of the effective date of this section plus allowances for inflation and adjustments to reflect changes in federal, state, or local government taxes, mandates, rules, regulations, or statutes; provided, that no small incumbent local exchange carrier may increase basic local service rates] that do not exceed the comparable rates charged by the largest incumbent local exchange carrier operating in the state and that do not increase by more than 10 percent [per year] in each of the 4 years after a plan is approved with the exception that the plan may provide for additional rate adjustments, with public utilities commission review and approval, to reflect changes in federal, state, or local government taxes, mandates, rules, regulations, or statutes;
(c) The plan promotes the offering of innovative telecommunications services in the state;
(d) The plan meets intercarrier service obligations under other applicable laws; [and]
(e) The plan preserves universal access to affordable basic telephone service; and
(f) The plan provides that, if the small incumbent local exchange carrier operating under the plan fails to meet any of the conditions set out in this section, the public utilities commission may require the small incumbent local exchange carrier to propose modifications to the alternative regulation plan or return to rate of return regulation.
154:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 22, 2006
Effective: July 21, 2006