HB0052 - Wireless telecommunications-universal service fund.
|
2001 |
State of Wyoming |
01LSO-0070 |
HOUSE BILL NO. HB0052
Wireless telecommunications-universal service fund.
Sponsored by: Joint Corporations, Elections and Political
Subdivisions
Interim Committee
A BILL
for
1 AN ACT relating to
telecommunications; providing for
2 wireless
telecommunications services to be eligible for
3
state universal service fund distributions as specified;
4 and
providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 37-15-502 is created to read:
9
10 37-15-502. Universal service fund
eligibility and
11 distribution to carriers using wireless technology.
12
13 (a) Telecommunications
companies which use cellular,
14 radio spectrum or other wireless technology to
provide
15 supported services to customers who are
otherwise eligible
16 to receive universal service support
pursuant to W.S.
Page 1
1 37-15-501,
may establish eligibility to receive universal
2
service fund distributions in an amount to be determined by
3 the
commission, provided that:
4
5 (i) The
telecommunications company will offer
6 and
advertise all supported services throughout the entire
7
local exchange area;
8
9 (ii) The
telecommunications company will provide
10 unlimited local calling throughout an entire
local exchange
11 area for a flat fee;
12
13 (iii) The
telecommunications company's bill to
14 the customer reflects a credit for the
amount of
15 distribution the company receives from the
state universal
16 service fund for providing supported
services to that
17 customer; and
18
19 (iv) The company
and services meet such
20 additional criteria, if any, the commission
determines are
21 necessary to further the stated intent of
W.S. 37-15-102.
22 During its consideration and determination,
the commission
23 shall consider technological and competitive
neutrality.
Page 2
1 The
commission shall adopt rules setting forth any such
2
criteria on or before December 31, 2001.
3
4 Section
2. W.S. 37-15-103(a) by creating a
new
5
paragraph (xvi) and 37-15-104(a)(vi) are amended to read:
6
7 37-15-103. Definitions.
8
9 (a) As used in this chapter:
10
11 (xvi) "Supported services" means the services or
12 functionalities
which shall be supported by the state
13 universal
service fund pursuant to W.S. 37-15-502, as
14 described
in subparagraphs (A) and (B) of this paragraph:
15
16 (A) The services designated for support
17 are:
18
19 (I) Voice grade access to the public
20 switched
network. "Voice grade access" is defined as a
21 functionality
that enables a user of telecommunications
22 services
to transmit voice communications, including
23 signaling
the network that the caller wishes to place a
24 call,
and to receive voice communications, including
Page 3
1 receiving a signal indicating there is an incoming call.
2 For the purposes of this subparagraph,
bandwidth for voice
3 grade access shall be, at a minimum,
three hundred (300) to
4 three thousand (3,000) Hertz;
5
6 (II) Local usage. "Local usage" means
7 an amount of minutes of use of
exchange service, prescribed
8 by the commission, provided free of
charge to end users;
9
10 (III) Dual tone multi-frequency
11 signaling
or its functional equivalent. "Dual tone multi-
12 frequency"
is a method of signaling that facilitates the
13 transportation
of signaling through the network, shortening
14 call
set-up time;
15
16 (IV) Single-party service or its
17 functional
equivalent. "Single-party service" is
18 telecommunications
service that permits users to have
19 exclusive
use of a wireline subscriber loop or access line
20 for
each call placed, or, in the case of wireless
21 telecommunications
carriers, which use spectrum shared
22 among
users to provide service, a dedicated message path
23 for
the length of a user's particular transmission;
24
Page 4
1 (V) Access to emergency services.
2 "Access to emergency
services" includes access to services,
3 such as 911 and enhanced 911, provided
by local governments
4 or other public safety organizations.
911 is defined as a
5 service that permits a
telecommunications user, by dialing
6 the three-digit code "911,"
to call emergency services
7 through a public service access point
operated by the local
8 government. "Enhanced 911"
is defined as 911 service that
9 includes the ability to provide
automatic numbering
10 information,
which enables the public service access
point
11 to
call back if the call is disconnected, and automatic
12 location
information, which permits emergency service
13 providers
to identify the geographic location of the
14 calling
party. "Access to emergency services" includes
15 access
to 911 and enhanced 911 services in accordance with
16 applicable
governing authority;
17
18 (VI) Access to operator services.
19 "Access
to operator services" is defined as access to any
20 automatic
or live assistance to a consumer to arrange for
21 billing
or completion, or both, of a telephone call;
22
23 (VII) Access to interexchange service.
24 "Access
to interexchange service" is defined as the use of
Page 5
1 the loop, as well as that portion of the switch that is
2 paid for by the end user, or the
functional equivalent of
3 these network elements in the case of
a wireless carrier,
4 necessary to access an interexchange
carrier's network;
5
6 (VIII) Access to directory assistance.
7 "Access to directory assistance"
is defined as access to a
8 service that includes, but is not
limited to, making
9 available to customers, upon request,
information contained
10 in
directory listings; and
11
12 (IX) Toll limitation for qualifying
13 low-income
consumers.
14
15 (B) The commission may grant a company
16 additional
time to complete the network upgrades needed to
17 provide
single-party service, access to enhanced 911
18 service,
or toll limitation. If such petition is
granted,
19 the
otherwise eligible company will be permitted to receive
20 universal
service support for the duration of the period
21 designated
by the commission. The commission shall grant
22 such
a request only upon a finding that exceptional
23 circumstances
prevent an otherwise eligible company from
24 providing
single-party service, access to enhanced 911
Page 6
1 service or toll limitation. The period should extend only
2 as long as the commission finds that
exceptional
3 circumstances exist and shall not
extend beyond the time
4 that the commission deems necessary
for that company to
5 complete network upgrades. An
otherwise eligible company
6 that is incapable of offering one (1)
or more of these
7 three (3) specific supported services must
demonstrate to
8 the commission that exceptional
circumstances exist with
9 respect to each service for which the
carrier desires a
10 grant
of additional time to complete network upgrades.
11
12 37-15-104. Services not regulated by this title.
13
14 (a) Except for
contributions to the universal service
15 fund required pursuant to W.S. 37-15-501 and
the assessment
16 levied pursuant to W.S. 37-2-106 through 37-2-109,
17 telecommunications service does not include,
and the
18 provisions of this title do not apply to:
19
20 (vi) Except for the quality of cellular service
to
the extent not preempted by federal law,
or
; except as set forth
24 in
subparagraphs (A), (B) and (C) of this paragraph:
Page 7
1
2 (A) The quality of
cellular service to the
3 extent not preempted by federal law;
4
5 (B) To the extent
permitted in accordance
6 with the requirements set forth in
federal law,
7 consideration and determination of an
application for
8 designation as a federal eligible
telecommunications
9 carrier;
10
11 (C) Determinations of eligibility for and
12 amount
of distribution of state universal
service funds by
13 the
commission for supported services in accordance with
14 W.S.
37-15-502.
15
16 Section
3. This act is effective
immediately upon
17 completion of all acts necessary to
become law as provided
18 by Article 4 Section 8 of the
Wyoming Constitution.
19
20 (END)
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