SB 260-FN - AS INTRODUCED
2015 SESSION
\t15-1017
\t06/03
SENATE BILL\t\t260-FN
SPONSORS:\tSen. Woodburn, Dist 1; Rep. Shurtleff, Merr 11; Rep. Backus, Hills 19
COMMITTEE:\tEnergy and Natural Resources
\tThis bill permits the public utilities commission to regulate certain incumbent local exchange carriers.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t15-1017
\t06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT\trelative to the authority of the public utilities commission to regulate telecommunications service providers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Findings. The general court finds that:
\t\tI. Access to reliable telecommunications services is critical to the orderly growth of New Hampshire’s economy.
\t\tII. The reliability of public safety communications systems, including enhanced 911 services and police, fire, and emergency medical services dispatch systems depends upon landline telephone infrastructure.
\t\tIII. The health, safety, and welfare of the people of the state of New Hampshire require that there be a sound system for the service and maintenance of landline telecommunications infrastructure.
\t\tIV. The dependability of New Hampshire’s landline telecommunications infrastructure is dependent upon the technical, financial, and managerial ability of incumbent local exchange carriers that are excepted local exchange carriers that own and operate such infrastructure.
\t\tV. Whenever bankruptcy of, potential bankruptcy of, or lack of sufficient technical, financial, or managerial ability to ensure the uninterrupted operation of such infrastructure by an incumbent local exchange carrier that is an excepted local exchange carrier could result in the failure of critical communications systems and put public health and safety at risk, it is in the public interest for the state of New Hampshire to take steps to protect these critical communications systems.
\t2 Public Utilities; Obligations on Excepted Local Exchange Carriers. Amend RSA 362:8, IV to read as follows:
\t\tIV. Such obligations that arise under RSA 374:22-p and RSA 374:30, II[.]; or
\t\tV. Such obligations that arise under RSA 374:1, II.
\t3 General Public Utility Duty; Service. Amend RSA 374:1 to read as follows:
\t374:1 Service.
\t\tI. Every public utility shall furnish such service and facilities as shall be reasonably safe and adequate and in all other respects just and reasonable.
\t\tII. Incumbent local exchange carriers that are excepted local exchange carriers shall provide services and facilities to police, fire, emergency medical services, enhanced 911, and any other communication system necessary for the protection of public health and safety, that are reasonably safe and adequate. The commission may conduct investigations of, pursue enforcement actions against, and order the payment of reparations and the performance of other remedial measures by, any incumbent local exchange carrier that is an excepted local exchange carrier with respect to the incumbent local exchange carriers failure to comply with its obligations under this paragraph, to the full extent of the commission’s authority under RSA 365.
\t4 Intrastate Telephone Service; Basic Service. RSA 374:22-p, I(c) is repealed and reenacted to read as follows:
\t\t\t(c) Basic service shall be regulated by the commission, even when basic service is provided along with other services or features that are considered nonbasic.
\t5 Other Public Utility Leases. Amend RSA 374:30 to read as follows:
\t374:30 Other Public Utility Leases, Etc.
\t\tI. Any public utility may transfer or lease its franchise, works, or system, or any part of such franchise, works, or system, exercised or located in this state, or contract for the operation of its works and system located in this state, when the commission shall find that it will be for the public good and shall make an order assenting thereto, but not otherwise, except that commission approval shall not be required for any such transfer, lease, or contract by an excepted local exchange carrier other than an incumbent local exchange carrier. The commission may, by general order, authorize a public utility to transfer to another public utility a part interest in poles and their appurtenances for the purpose of joint use by such public utilities.
\t\tII. An incumbent local exchange carrier that is an excepted local exchange carrier may transfer or lease its franchise, works, or system, or any part of such franchise, works, or system, exercised or located in this state, or contract for the operation of its works and system located in this state, when the commission finds the utility to which the transfer is to be made is technically, managerially, and financially capable of maintaining the obligations of an incumbent local exchange carrier set forth in RSA 362:8 and RSA 374:22-p and when the commission shall find that it will be for the public good and shall make an order assenting thereto, but not otherwise.
\t6 Public Utility Duty; Exceptions. Amend RSA 365:1-a to read as follows:
\t365:1-a Exceptions. Except for complaints about RSA 371:17 through RSA 371:24, RSA 374:1, II, RSA 374:2-a, RSA 374:22-p, I(b), RSA 374:28-a, RSA 374:34-a, RSA 374:48 through RSA 374:56, RSA 374:59, and RSA 378:44 through RSA 378:48, the provisions of this chapter shall not apply to any end user of an excepted local exchange carrier, nor to any service provided to such end user. Such end users may make complaints to the commission regarding basic service, as defined by RSA 374:22-p, I(b) by excepted local exchange carriers.
\t7 General Public Utility Duties; Exceptions. Amend RSA 374:1-a to read as follows:
\t374:1-a Exceptions. Except as provided otherwise in this chapter, and except for RSA 374:1, II, RSA 374:2-a, RSA 374:28-a, RSA 374:34-a, RSA 374:48 through RSA 374:56, and RSA 374:59, the provisions of this chapter shall not apply to any end user of an excepted local exchange carrier, nor to any service provided to such end user.
\t8 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t\t\tLBAO
\t\t\t\t\t\t\t\t\t\t\t15-1017
\t\t\t\t\t\t\t\t\t\t\tRevised 02/17/15
SB 260-FN FISCAL NOTE
AN ACT\trelative to the authority of the public utilities commission to regulate telecommunications service providers.
FISCAL IMPACT:
The Public Utilities Commission states this bill, as introduced, may increase state, county, and local expenditures by an indeterminable amount in FY 2016 and each year thereafter. There will be no impact on state, county, and local revenue.
METHODOLOGY:
The Public Utilities Commission states this bill permits them to regulate certain incumbent local exchange carriers. The Commission states that assessments of incumbent local exchange carriers are based on gross utility revenue and this bill would not impact assessments or state revenue. The Commission reports this bill will not increase their expenditures. However, to the extent the state, counties, or municipalities contract for telephone services with incumbent local exchange carriers, this bill could increase these carriers’ costs which could result, although unlikely, in increased telephone service charges.