ORIGINAL HOUSE ENGROSSED
BILL NO. 0052
ENROLLED ACT NO.
121, HOUSE OF REPRESENTATIVES
FIFTY-SIXTH
LEGISLATURE OF THE STATE OF WYOMING
2001
GENERAL SESSION
AN ACT relating to
telecommunications; providing for
wireless
telecommunications services to be eligible for
state universal
service fund distributions as specified;
and providing for
an effective date.
Be It Enacted
by the Legislature of the State of Wyoming:
Section 1. W.S. 37-15-502 is created to read:
37-15-502. Universal service fund
eligibility and
distribution
to carriers using wireless technology.
(a) Telecommunications
companies which use cellular,
radio spectrum or
other wireless technology to provide
supported services to
customers who are otherwise eligible
to receive universal
service support pursuant to W.S.
37-15-501, may
establish eligibility to receive universal
service fund
distributions in an amount to be determined by
the commission,
provided that:
(i) The
telecommunications company will offer
and advertise all
universal service fund supported services
throughout the entire
local exchange area;
(ii) The
telecommunications company will provide
unlimited local
calling throughout an entire local exchange
area for a flat fee;
(iii) The
telecommunications company's bill to
the customer reflects
a credit for the amount of
distribution the
company receives from the state universal
service fund for
providing universal service fund supported
services to that
customer; and
Page 1
(iv) The company
and services meet such
additional criteria,
if any, the commission determines are
necessary to further
the stated intent of W.S. 37-15-102.
During its consideration
and determination, the commission
shall consider
technological and competitive neutrality.
The commission shall
adopt rules setting forth any such
criteria on or before
December 31, 2001.
Section 2. W.S. 37-15-103(a) by
creating a new
paragraph (xvi) and 37-15-104(a)(vi) are amended to read:
37-15-103. Definitions.
(a) As used in
this chapter:
(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:
(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;
Page 2
(II) Local usage. "Local usage" means
an amount of minutes
of use of exchange service, prescribed
by the commission,
provided free of charge to end users;
(III) Dual tone
multi-frequency
signaling or its
functional equivalent. "Dual tone multi-
frequency" is a
method of signaling that facilitates the
transportation of
signaling through the network, shortening
call set-up time;
(IV) Single-party
service or its
functional equivalent.
"Single-party service" is
telecommunications
service that permits users to have
exclusive use of a
wireline subscriber loop or access line
for each call placed,
or, in the case of wireless
telecommunications
carriers, which use spectrum shared
among users to provide
service, a dedicated message path
for the length of a
user's particular transmission;
(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
service access 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 service access 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;
Page 3
(VI) Access to operator
services.
"Access to
operator services" is defined as access to any
automatic or live
assistance to a consumer to arrange for
billing or completion,
or both, of a telephone call;
(VII) Access to interexchange service.
"Access to
interexchange service" is defined as the use of
the loop, as well as
that portion of the switch that is
paid for by the end
user, or the functional equivalent of
these network elements
in the case of a wireless carrier,
necessary to access an
interexchange carrier's network;
(VIII) Access to
directory assistance.
"Access to
directory assistance" is defined as access to a
service that includes,
but is not limited to, making
available to
customers, upon request, information contained
in directory listings;
and
(IX) Toll limitation
for qualifying
low-income consumers.
(B) The commission may
grant a company
additional time to
complete the network upgrades needed to
provide single-party
service, access to enhanced 911
service, or toll
limitation. If such petition is
granted,
the otherwise eligible
company will be permitted to receive
universal service
support for the duration of the period
designated by the
commission. The commission shall grant
such a request only
upon a finding that exceptional
circumstances prevent
an otherwise eligible company from
providing single-party
service, access to enhanced 911
service or toll
limitation. The period should extend only
as long as the
commission finds that exceptional
circumstances exist
and shall not extend beyond the time
that the commission
deems necessary for that company to
complete network
upgrades. An otherwise eligible company
Page 4
that is incapable of offering one (1) or more of these
three (3) specific
supported services must demonstrate to
the commission that
exceptional circumstances exist with
respect to each
service for which the carrier desires a
grant of additional
time to complete network upgrades.
37-15-104. Services not regulated by
this title.
(a) Except for
contributions to the universal service
fund required pursuant
to W.S. 37-15-501 and the assessment
levied pursuant to
W.S. 37-2-106 through 37-2-109,
telecommunications
service does not include, and the
provisions of this
title do not apply to:
(vi) Except for the quality of cellular service Telecommunications services using radio spectrum,
to the extent not
preempted by federal law,
or cellular, or other wireless
technology
; except
as set forth
in subparagraphs (A),
(B) and (C) of this paragraph:
(A) The quality of
cellular service to the
extent not preempted
by federal law;
(B) To the extent
permitted in accordance
with the requirements
set forth in federal law,
consideration and
determination of an application for
designation as a
federal eligible telecommunications
carrier;
(C) Determinations of
eligibility for and
amount of distribution of state universal service
funds by
the commission for
supported services in accordance with
W.S. 37-15-502.
Page 5
Section 3. This act is effective immediately upon
completion of all acts necessary to become law as provided
by Article 4 Section 8 of the Wyoming Constitution.
(END)
Speaker of
the House President of
the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the
House.
Chief Clerk
Page 6