Telecommunications-deregulation.

2017
STATE OF WYOMING
17LSO-0602
Introduced
1.2

HOUSE BILL

NO.

HB0239

Telecommunications-deregulation.

Sponsored by:
Representative(s) Zwonitzer

A BILL

for

AN ACT relating to telecommunications; amending regulatory authority over telecommunications companies and affiliated groups deemed to be competitive as specified; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 37
‑
15
‑
103(
a)(iii) and (ix) and 37
‑
15
‑
202(a)
(intro)
, (b), (j)(intro) and (v) are amended to read:

37
‑
15
‑
103
.

Definitions.

(a)

As used in this chapter:

(iii)

"Competitive telecommunications services" means those services
elected
to be subject to competition
by
a
telecommunications company or

found by the legislature or the commission to be competitive in accordance with W.S. 37
‑
15
‑
202;

(ix)

"Noncompetitive telecommunications services" means those services which have not been
elected
to be subject to competition
by
a
telecommunications company or

found by the legislature or the commission to be competitive in accordance with W.S. 37
‑
15
‑
202;

37
‑
15
‑
202
.

Elections or d
etermination
s
of competitive services.

(a)

Upon notice to the commission, a
telecommunications company
,
or an affiliated group of a telecommunications company,
with fifty thousand (50,000) access lines or more
may elect to have its essential telecommunications services s
ubject to competition
and
thereafter shall not be subject to regulation by the commission
, except as otherwise provided by subsection (j) of this section, and shall not be eligible for funding under W.S. 37
‑
15
‑
501 or 37
‑
15
‑
502
. In any other instance, u
pon petition by
any

a
telecommunications company or pursuant to the
commission's
own motion, 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 pursuant to this section shall not be subject to regulation by the commission. The commission shall consider only the following factors in determining whether a telecommunications service is subject to effective competition:

(b)

Upon the commission's own motion or the petition of any person, the commission may, after notice and the opportunity for a hearing in accordance with the Wyoming Administrative Procedure Act, find and conclude that a telecommunications service found
by the commission
to be competitive under subsection (a) of this section is no longer subject to competition, and therefore not subject to
treatment as a competitive service under this chapter. All hearings conducted pursuant to this subsection shall place the burden of proof upon the commission or the petitioner of establishing that a telecommunications service is no longer subject to competition.

(j)

Services
elected or

found to be competitive under subsection (a), (c) or (d) of this section shall be subject to the following:

(v)

Certification as applicable under W.S. 37
‑
15
‑
201
, except
that
this paragraph shall
not apply to a telecommunications company
electing to have
its
services
subject to competition under subsection (a) of this section
.

Section

2
.

This
act is effective July 1,
201
7
.

(END)

1
HB0239