HB 1564-FN – AS INTRODUCED
2008 SESSION
05/01
HOUSE BILL 1564-FN
AN ACT relative to the regulation of commercial mobile services by the public utilities commission.
SPONSORS: Rep. Sprague, Straf 2
COMMITTEE: Science, Technology and Energy
This bill expands the jurisdiction of the public utilities commission to include commercial mobile services. The bill also regulates billing practices by commercial mobile service providers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2329
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the regulation of commercial mobile services by the public utilities commission.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Commercial Mobile Services Included In Definition of Public Utility. Amend RSA 362:2, I to read as follows:
I. The term “public utility” shall include every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court, except municipal corporations and county corporations operating within their corporate limits, owning, operating or managing any plant or equipment or any part of the same for the conveyance of telephone or telegraph messages, or commercial mobile services as defined in 47 U.S.C. Section 332(d)(1), or for the manufacture or furnishing of light, heat, sewage disposal, power or water for the public, or in the generation, transmission or sale of electricity ultimately sold to the public, or owning or operating any pipeline, including pumping stations, storage depots and other facilities, for the transportation, distribution or sale of gas, crude petroleum, refined petroleum products, or combinations of petroleum products, rural electric cooperatives organized pursuant to RSA 301 or RSA 301-A, and any other business, except as hereinafter exempted, over which on September 1, 1951, the public utilities commission exercised jurisdiction.
2 New Chapter; Regulation of Commercial Mobile Services for Consumer Protection. Amend RSA by inserting after chapter 359-I the following new chapter:
CHAPTER 359-J
REGULATION OF COMMERCIAL MOBILE SERVICES
FOR CONSUMER PROTECTION
359-J:1 Definitions. In this chapter:
I. “Billing party” means any commercial mobile service company that bills an end user consumer on its own behalf or on behalf of an originating party.
II. “Commercial mobile service” means commercial mobile service as defined in 47 U.S.C. Section 332(d)(1).
III. “Commission” means the public utilities commission.
IV. “Customer” means any subscriber to services provided by a commercial mobile service company.
V. “Originating party” means any person, firm, corporation, or other entity that provides any commercial mobile service to a customer or bills a customer through a billing party.
359-J:2 Billing Practices.
I. Each billing party shall clearly identify on its bill the name and toll-free number of the originating party; the commercial mobile service or information service billed; and the specific charges, taxes, and fees associated with each commercial mobile service. The originating party is responsible for providing the billing party with all required information. The toll-free number of the originating party or its agent shall be answered by a customer service representative or a voice response unit. If the customer reaches a voice response unit, the originating party or its agent shall respond to a customer inquiry within 24 hours, excluding weekends and holidays.
II. A customer shall not be liable for any charges for commercial mobile services that the customer did not order or that were not provided to the customer.
359-J:3 Violations. This chapter shall be enforced by the commission pursuant to RSA 365 and any right, remedy, or power set forth in RSA 365 may be used to enforce this chapter. Such rights, remedies, and powers shall be in addition to any other right, remedy, or power provided for by law or equity.
3 New Paragraph; Complaints to the Commission; Rulemaking. Amend RSA 365:8 by inserting after paragraph XIII the following:
XIV. Standards and procedures for the investigation of complaints and resolution of disputes involving the terms and conditions of commercial mobile services, including billing practices under RSA 359-J. Nothing in this section shall be construed to include the entry of or the rates charged by a mobile service provider, or any other matter preempted from state regulation by the Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(3).
4 Repeal. RSA 362:6, relative to exemption of cellular mobile radio communications, is repealed.
5 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2329
12/11/07
HB 1564-FN - FISCAL NOTE
AN ACT relative to the regulation of commercial mobile services by the public utilities commission.
FISCAL IMPACT:
The Public Utilities Commission states this bill will increase state expenditures and restricted revenue by $80,847 in FY 2009, $154,839 in FY 2010, $161,634 in FY 2011 and $168,748 in FY 2012. There will be no fiscal impact on county and local expenditures or revenue.
METHODOLOGY:
The Public Utilities Commission states this bill expands the jurisdiction of the Commission to include commercial mobile services and regulates the billing practices by commercial mobile service providers. The Commission indicates it would need to add two utility analyst III positions as a result of this bill. One of the positions would be assigned to the telecommunications division and the other to the consumer affairs division.
FY 2009 |
FY 2010 |
FY 2011 |
FY 2012 | |
Utility Analyst III (LG 28) |
$50,915 |
$104,053 |
$108,635 |
$113,432 |
Benefits @ 48.3% |
24,592 |
50,258 |
52,471 |
54,788 |
Office furniture, computer, calculator |
4,812 |
0 |
0 |
0 |
Telephone |
528 |
528 |
528 |
528 |
Total |
$80,847 |
$154,839 |
$161,634 |
$168,748 |
The Commission states any increase in expenditures would be recoverable via the assessment process authorized by RSA 363-A.
This bill does not provide an appropriation or authorization for additional positions.