Wyoming Telecommunications Act-rewrite.

2015
STATE OF WYOMING
15LSO-0159
Introduced
2.1

SENATE FILE

NO.

SF0140

Wyoming Telecommunications Act-rewrite.

Sponsored by:
Senator(s) Case

A BILL

for

AN ACT relating to telecommunications regulation; amending and repealing portions of the Wyoming Telecommunications Act; extending the act’s sunset date; amending definitions; deleting references to and regulation of interexchange telecommunication companies; specifying and amending application of the act; removing or repealing unnecessary statutory language; amending application of the act to voice over internet protocol; amending the standards for determining if a company is subject to competition; amending the regulatory authority and standards applicable to telecommunication pricing and service requirements; amending the authority of the Wyoming public service commission; specifying when a company may withdraw telecommunications service; amending price complaint procedures and standards; amending the application of existing laws to telecommunication companies as public utilities; limiting services that qualify for benefits under the universal service fund; specifying and amending application of the universal service fund; providing for the conclusion and eventual defunding of the universal service fund; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S.
37
‑
15
‑
101(b), 37
‑
15
‑
103(a)(iv)(intro)
,
(B), (ix), (xiv), (xvi)(A)(intro), (I) and (V), 37
‑
15
‑
201(a) and (b), 37
‑
15
‑
202(a)(intro)
, (
i
)
and (c), 37
‑
15
‑
203(a),
(e)
, (f)(intro) and (h), 37
‑
15
‑
204(a), 37
‑
15
‑
401(a)(intro), 37
‑
15
‑
404(c), 37
‑
15
‑
405 and 37
‑
15
‑
501(c) through (e) are
amended to read:

37
‑
15
‑
101
.

Short title; sunset
.

(b
)

This chapter is repealed effective July 1,
201
5

2019
.

37
‑
15
‑
103
.

Definitions.

(a
)

As used in this chapter:

(iv
)

"Essential telecommunications service" means a customer's access to service that is necessary for the origination or termination, or both, of two
‑
way, switched telecommunications
for both residential and busines
s
service within a local exchange area. Essential telecommunications services are limited to:

(B
)

Single line flat
‑
rate or single line measured
residence or busines
s
voice service;

(ix
)

"Noncompetitive

essential
telecommunications services" means those services which have not been found by the legislature or the commission to be competitive in accordance with W.S. 37
‑
15
‑
202;

(xiv
)

"Universal service" means the general availability of essential telecommunications service at an affordable and reasonable price

provided through a single line at a
single
location
;

(xvi
)

"Supported services" means the services or functionalities which shall be supported by the state
universal service fund pursuant to W.S. 37
‑
15
‑
502, as described in subparagraphs (A) and (B) of this paragraph:

(A
)

The services designated for support are

limited to a single line at a
single
location and are
:

(I
)

Voice grade access to the public switched network. "Voice grade access" is defined as a functionality that enables a user of telecommunications services to transmit voice communications, including signaling the network that the caller wishes to place a call, and to receive voice communications, including receiving a signal indicating there is an incoming call
;
. For the purposes of this subparagraph, bandwidth for voice grade access shall be, at a minimum, three hundred (300) to three thousand (3,000) Hertz;

(V
)

Access to emergency services. "Access to emergency services" includes access to services, such as 911 and enhanced 911, provided by local governments or other public safety organizations.
911 is defined as a service that permits a telecommunications user, by dialing the three
‑
digit code "911," to call emergency services
through a public safety answering point operated by the local government. "Enhanced 911" is defined as 911 service that includes the ability to provide automatic numbering information, which enables the public safety answering point to call back if the call is disconnected, and automatic location information, which permits emergency service providers to identify the geographic location of the calling party. "Access to emergency services" includes access to 911 and enhanced 911 services in accordance with applicable governing authority;

37
‑
15
‑
201
.

Regulation of local exchange services; certificates of public convenience and necessity; concurrent certificates
.

(a
)

Except for those telecommunications companies that as of July 1,
200
7
2015
, have a valid certificate of public convenience and necessity previously issued by the commission
,

to provide local exchange services in the state,
all telecommunications companies seeking to offer and provide

essential telecommunications
local exchange service shall obtain a certificate of public convenience
and necessity from the commission prior to providing that service in this state.

(b
)

The commission shall grant a certificate or certificates of public convenience and necessity to provide

local exchang
e
essential telecommunications

service if it finds, after notice and opportunity for hearing, that the applicant
possesses sufficient technical, financial and managerial resources to provide safe, adequate and reliable local exchange services within the identified geographic are
a
is capable of providing ser
v
ice
.

37
‑
15
‑
202
.

Determination of competitive services
.

(a
)

Upon petition by any telecommunications company, the commission may, after notice and opportunity for hearing, find and conclude that a telecommunications service is subject to competition. Any service found to be
effectively
competitive shall not be subject to regulation
of prices
by the commission

and shall not be eligible for support under article 5 of this title
. The commission shall consider only the following factors in determining
whether a telecommunications service is subject to
effective
competition:

(
i
)

The extent to which telecommunications services are available from alternative providers including, but not limited to, wireless providers,

satellite providers,
cable providers offering voice services, voice over internet protocol or any other providers utilizing telephone numbers to provide voice services in the relevant market;

(c
)

Telecommunications service

provided by new entrants, local exchange services provided by resale, telecommunications services provided by interexchange telecommunications companies, interexchange telecommunications services and telecommunications services other than local exchange servic
e
other than essential telecommunications service

and switched access
provided by a local exchange company
shall be considered subject to competition for purpose of regulation under this title.

37
‑
15
‑
203
.

Price regulation of noncompetitive essential services
.

(a
)

Prices for
telecommunications services which have been determined by the legislature or the commission to be
noncompetitive essential telecommunications services shall be regulated by the commission in accordance with this section. The prices for noncompetitive essential telecommunications services
of any local exchange company
may be adjusted downward at the company's discretion. Except as provided in subsections (e), (f), (h) and (j) of this section, prices for noncompetitive essential telecommunications services shall be subject to a maximum determined by the commission.
The initial maximum shall be the local exchange company's price of noncompetitive essential telecommunications services as of July 1, 2006. A local exchange carrier may increase its pric
e
Prices
for noncompetitive essential telecommunications services

may be increased
to the level of the maximum set under this subsection without approval of the commission as required under subsections (f) and (g) of this section.

(e
)

A
local exchange compan
y
provider of noncompetitive essential telecommunications service
may seek approval to make revenue neutral adjustments,
considering only revenue from noncompetitive essential telecommunications services, to the price of noncompetitive essential telecommunications services to reduce or eliminate differences in the price of noncompetitive essential telecommunications services in different portions of its service area. A
local exchange compan
y
provider of noncompetitive essential telecommunications service
shall not use adjustments under this section to increase receipt of state universal service funds or increase switched access prices.
This subsection shall not apply retroactively.

(f
)

A
local exchange compan
y
provider of noncompetitive essential telecommunications service
may seek approval to increase the price of noncompetitive essential telecommunications services, including switched access charges, based on:

(h
)

The prices of any
local exchange compan
y
noncompetitive essential telecommunications service
may contain provisions for incentives for improvement of the company's performance or efficiency, lowering of operating costs, control of expenses or improvement and upgrading or
modernization of its services or facilities. Any
local exchange compan
y
noncompetitive essential telecommunications service
may apply to the commission for incentives and innovative or nontraditional price regulation, including price indexing. The commission shall issue a final order approving, modifying or rejecting any application made under this subsection within one hundred eighty (180) days of the filing date of the application with the commission. If no order is issued by the commission within the one hundred eighty (180) day period, the application shall be deemed approved as filed. If during consideration of an application for regulation under this subsection, the commission materially alters the plan as filed in the application, the applying
local exchange compan
y
provider of noncompetitive essential telecommunications service
may notify the commission in writing, at any time, but not later than sixty (60) days after any final commission order on the application, that it elects not to be price regulated as approved by the order.
The local exchange company'
s
P
rices

of the
noncompetitive essential telecommunications servic
e provider
shall then be regulated as they were prior to the
application until such time as a new application is filed, approved and accepted.

37
‑
15
‑
204
.

Price schedules
.

(a
)

A
local exchange compan
y
provider of noncompetitive essential telecommunications service
shall file with the commission, in such form and detail as the commission may require, schedules showing all noncompetitive

essential
telecommunications services terms, conditions and prices currently in effect and charged to customers by the company in this state.
All prices for new noncompetitive telecommunications services, and any increase in prices for noncompetitive telecommunications services as authorized by the commission pursuant to W.S. 37
‑
15
‑
203, shall be filed thirty (30) days prior to the proposed effective date. No price increase for a noncompetitive service shall be effective unless the customer has been given notice by the provider at least one (1) full billing cycle prior to the proposed increase and the increase has been approved by the commission as required by W.S. 37
‑
15
‑
203. No price or price change is effective until filed in accordance with this section.
Prices charged for competitive services shall be in accordance with its price schedule unless a separate contract is negotiated. Prices for generally offered competitive services shall be publicly available on a company's website through the internet, the
world wide web
or a similar proprietary or common carrier or provided to the commission. Price schedules may be filed in electronic format at the option of the company. For purposes of this subsection, the rules, regulations, policies, practices and other requirements relating to services shall be filed with the commission in such form and detail as the commission may require. Rules, regulations, policies, practices and other requirements relating to competitive services shall be subject to the same requirements under this chapter as the prices of competitive services. Those relating to noncompetitive services shall be subject to the same requirements under this chapter as the prices of noncompetitive services.

37
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15
‑
401
.

Commission powers
.

(a
)

In addition to the powers exercised pursuant to the provisions of W.S. 37
‑
15
‑
408
,
T
he
commission has the power to:

37
‑
15
‑
404
.

Protection of telecommunications consumers
.

(c
)

A telecommunications company providing a noncompetitive

essential
telecommunications service shall not discontinue providing the service without the commission's approval.

The commission shall not deny a petition to withdraw service when the service is provided at extraordinary cost or the service can be provided with alternative technology at a lower cost.

37
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15
‑
405
.

Complaint against prices
.

Any person, and the commission on its own motion, may complain to the commission concerning the reasonableness of the price of any noncompetitive

essential
telecommunications service or any violation of W.S. 37
‑
15
‑
404. Any notice and hearing of any complaint shall be in accordance with the Wyoming Administrative Procedure
Act and this chapter.
The commission shall only set aside any price it finds after notice and hearing to be unreasonable or unreasonably discriminatory. If the commission sets aside a price as unreasonable or unreasonably discriminatory, the telecommunications company shall have sixty (60) days to file a new price which is reasonable. The company shall refund any charges found to be unreasonable as ordered by the commission. Rates or prices for noncompetitive essential services in effect as of July 1, 2006, are deemed to be fair and reasonable.

37
‑
15
‑
501
.

Universal service fund created; contributions; administration.

(c
)

The commission shall administer the monies in the universal service fund to assist only those customers of telecommunications companies located in

rural high cost
areas of this state with relatively high rates for

noncompetitive
essential

telecommunications
services

provided that support is limited to a single line at a single location
. The commission, after notice and opportunity for hearing, shall determine a reasonable amount and a fair method of distributing monies. The
commission may authorize a credit to customer bills, in the amount specified by the commission, to reflect distributions received by the local exchange company from the universal service fund. The commission shall ensure that the method shall promote the emergence of competition in providing local exchange service.

(d
)

In accordance with the method of distribution determined by the commission,
a telecommunications company shall receive funds under this section to the extent that its essential local exchange service prices, after consideration of any contributions from the federal universal service fund, exceed one hundred thirty percent (130%) of the weighted statewide average essential local exchange service price
s
.

distributions to eligible telecommunications companies shall be based on a benchmark price established by the commission. The benchmark price shall be the rate the commission determines to be a reasonable price customers should pay for local exchange service, but shall not be less than forty dollars ($40.00) per month
.

(e
)

The commission shall determine a method that ensures all monies in the fund are distributed by
the sunset date of this act. Prior to the sunset date,
t
he operation of the universal service fund may be suspended by the commission, based upon a public interest finding, after notice and an opportunity for a hearing, that the fund is not then serving its intended purpose.

Section 2
.

W
.S. 37
‑
15
‑
103(a)(
i
), (iv
)(A), (v), (viii), (xiii), (xv), (xvi)(A)(II) through (IV), (VI) through (IX)
,
(B)

and (xvii), 37
‑
15
‑
104, 37
‑
15
‑
105(d), 37
‑
15
‑
202(a)(ii) and (iii), (b), (d) through (g), 37
‑
15
‑
203(j), 37
‑
15
‑
204(d), 37
‑
15
‑
301(a) and (b), 37
‑
15
‑
401(a)(iv), 37
‑
15
‑
404(d) and 37
‑
15
‑
408
are repealed.

Section 3
.

This act is effective July 1, 2015.

(END)

1