SB386 (2008) Detail

Relative to service territories served by several telephone utilities.


CHAPTER 350

SB 386 – FINAL VERSION

30Apr2008… 1375h

06/04/08 2015CofC

2008 SESSION

08-2677

06/01

SENATE BILL 386

AN ACT relative to service territories served by several telephone utilities.

SPONSORS: Sen. Gottesman, Dist 12; Rep. Levesque, Hills 5; Rep. Spratt, Hills 3

COMMITTEE: Energy, Environment and Economic Development

AMENDED ANALYSIS

This bill deletes the distinction between certain telephone utilities with more than 25,000 access lines and those with fewer than 25,000 access lines.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Apr2008… 1375h

06/04/08 2015CofC

08-2677

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to service territories served by several telephone utilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

350:1 Service Territories Served by Certain Telephone Utilities. Amend RSA 374:22-g to read as follows:

374:22-g Service Territories Served by Certain Telephone Utilities [With More Than 25,000 Access Lines].

I. To the extent consistent with federal law and notwithstanding any other provision of law to the contrary, all telephone franchise areas served by a telephone utility that provides local exchange service [and that has more than 25,000 access lines], subject to the jurisdiction of the commission, shall be nonexclusive. The commission, upon petition or on its own motion, shall have the authority to authorize the providing of telecommunications services, including local exchange services, and any other telecommunications services, by more than one provider, in any service territory, when the commission finds and determines that it is consistent with the public good unless prohibited by federal law.

II. In determining the public good, the commission shall consider the interests of competition with other factors including, but not limited to, fairness; economic efficiency; universal service; carrier of last resort obligations; the incumbent utility’s opportunity to realize a reasonable return on its investment; and the recovery from competitive providers of expenses incurred by the incumbent utility to benefit competitive providers, taking into account the proportionate benefit or savings, if any, derived by the incumbent as a result of incurring such expenses.

III. The commission shall adopt rules, pursuant to RSA 541-A, relative to the enforcement of this section [and RSA 374:22-f].

350:2 Repeal. RSA 374:22-f, relative to service territories served by several telephone utilities with fewer than 25,000 access lines, is repealed.

350:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 7, 2008

Effective Date: September 5, 2008