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

 

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(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;

 

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(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;

 

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(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

 

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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
to the extent not preempted by federal law,
Telecommunications services using radio spectrum, 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.

 

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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

 

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