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H.B. 141
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TELECOMMUNICATIONS - PRICING NEW
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SERVICES
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Chad E. Bennion
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AN ACT RELATING TO PUBLIC UTILITIES; REQUIRING A NEW PUBLIC
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TELECOMMUNICATIONS SERVICE THAT IS NOT COMPETITIVE TO BE SUBJECT TO
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TARIFF REQUIREMENTS; PROVIDING CRITERIA FOR PRICING FLEXIBILITY FOR ANY
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NEW PUBLIC TELECOMMUNICATION SERVICE; AND PERMITTING THE COMMISSION
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TO REQUIRE THE SERVICE TO BE OFFERED PURSUANT TO TARIFF UNDER CERTAIN
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CONDITIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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54-8b-2.3, as last amended by Chapter 88, Laws of Utah 1997
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
54-8b-2.3
is amended to read:
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54-8b-2.3. Pricing flexibility.
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(1) (a) A telecommunications corporation that obtains a certificate to compete with [the]
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an incumbent [telephone] telecommunications corporation in a defined geographic area pursuant
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to Section
54-8b-2.1
may price any public telecommunications services it is authorized to offer,
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or any new public telecommunications service, by means of a price list or competitive contract.
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(b) Before the telecommunications corporation begins providing any authorized public
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telecommunications service, it shall notify the commission of its intent to begin providing the
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service.
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(2) (a) Notwithstanding other requirements of this chapter relating to pricing flexibility,
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an incumbent [telephone] telecommunications corporation may offer retail end user public
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telecommunications services by means of a price list or competitive contract as provided in
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Subsections (2)(b) and (c).
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(b) (i) An incumbent [telephone] telecommunications corporation may petition the
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commission for pricing flexibility in any proceeding in which another telecommunications
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corporation has petitioned the commission for a certificate to provide specified public
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telecommunications services in a defined geographic area that is within the incumbent [telephone]
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telecommunications corporation's service territory.
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(ii) In the proceeding, the commission shall, by order, grant pricing flexibility to [the] an
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incumbent [telephone] telecommunications corporation for the same or substitutable public
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telecommunications services in the same defined geographic area.
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(iii) Pricing flexibility for any public telecommunications service shall become effective
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when the following conditions are met:
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(A) the commission has issued a certificate to the competing telecommunications
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corporation;
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(B) the competing telecommunications corporation has begun providing the authorized
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public telecommunications service in the defined geographic area;
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(C) [the] an incumbent [telephone] telecommunications corporation, by written agreement,
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stipulation, or pursuant to an order of the commission, has allowed the competing
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telecommunications corporation to interconnect with the essential facilities and to purchase
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essential services of [the] an incumbent [telephone] telecommunications corporation; and
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(D) the incumbent [telephone] telecommunications corporation is in compliance with the
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rules and orders of the commission adopted or issued under Section
54-8b-2.2
.
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(c) (i) An incumbent [telephone] telecommunications corporation may [price any new
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public] petition the commission for authority to offer any new public telecommunications service
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by means of a price list or competitive contract. [(3) The commission may review]
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(ii) Pricing flexibility for any new public telecommunications service [offered by an
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incumbent telephone corporation after the applicable tariff, price list, or competitive contract has
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taken effect.] shall become effective when the commission has determined that:
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(A) the new telecommunications service is offered under terms and at a price that will
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allow competition to develop in the new telecommunications service; and
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(B) offering the new service by means of a price list or competitive contract is in the public
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interest.
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[(4)] (3) Each price list shall:
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(a) be filed with the commission;
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(b) describe the public telecommunications service;
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(c) set forth the basic terms and conditions upon which the public telecommunications
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service is offered; and
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(d) list the prices to be charged for the public telecommunications service or the basis on
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which the services will be priced.
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[(5)] (4) Prices, terms, and conditions offered under price lists or competitive contracts that
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are different from tariff prices, terms, and conditions for the same services are not considered
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discriminatory under Section
54-3-8
and Subsection
54-8b-3.3
(2).
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[(6)] (5) A price list filed with the commission under this section shall take effect five days
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after it is filed with the commission.
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[(7)] (6) The prices, terms, and conditions of a public telecommunications service offered
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by a telecommunications corporation pursuant to a competitive contract with a retail customer
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shall be filed with the commission.
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[(8)] (7) The commission may, as determined necessary to protect the public interest, set
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an upper limit on the price that may be charged by telecommunications corporations for public
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telecommunications services that may be priced by means of a price list or competitive contract.
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[(9)] (8) (a) The commission may revoke or suspend the authority of a telecommunications
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corporation to offer a public telecommunications service pursuant to a price list or competitive
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contract and may require the service to be offered pursuant to a tariff if the commission finds:
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(i) (A) the telecommunications corporation has violated statutes or rules applicable to the
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specific service;
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(B) there has been a material and substantial change in the level of competition; or
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(C) competition has not developed or is not likely to develop; and
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(ii) [revocation is] the authority to offer the public telecommunications service pursuant
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to a price list is not in the public interest.
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(b) The party asserting that revocation or suspension should occur shall bear the burden
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of proof.
Legislative Review Note
as of 12-14-99 4:09 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.