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S.F. No. 0078 |
Telecommunications. |
Sponsored By: Joint Corporations, Elections and Political Subdivisions Interim Committee
AN ACT relating to telecommunications; recognizing competition from alternate providers; requiring certificates of public convenience and necessity for all telecommunications providers; providing definitions; repealing cost based pricing; providing for downward pricing flexibility for telecommunications services; providing a limitation on increasing prices for essential telecommunications services; limiting annual reports by the public service commission; repealing anachronistic provisions; providing for hearings on unreasonable or discriminatory competitive, wholesale and switched access pricing; eliminating mandatory quality of service studies; providing a delayed repeal date; and providing for an effective date.
1/8/2007 Bill Number Assigned
1/9/2007 S Received for Introduction
1/10/2007 S Introduced and Referred to S07
1/30/2007 S07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Case, Cooper, Decaria, Larson and Scott
Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0
1/30/2007 S Placed on General File
That Substitute No. 1 be substituted for SF0078 and that Substitute No. 1 DO Pass. CASE, CHAIRMAN
SF0078SW001/FAILED (CORRECTED COPY)
[TO SUBSTITUTE BILL No. 1]
Page 2-line 14 Delete "(a)".
Page 2-line 17 Delete. MEIER
[TO SUBSTITUTE BILL No. 1]
Page 16-line 6 Delete "2010" insert "2015".
Page 16-line 10 Delete "2010" insert "2015". SCHIFFER, LARSON
SF0078SW003/FAILED (CORRECTED COPY)
[TO SUBSTITUTE BILL No. 1]
Page 1-line 8 After "services;" insert "prohibiting anticompetitive behavior;".
Page 2-line 8 After "(vii)," insert "37‑15‑404 by creating a new subsection (f),".
Page 19 after line 18 Insert:
"37-15-404. Protection of telecommunications consumers.
(f) No provider of wholesale telecommunications services shall engage in anticompetitive behavior with respect to wholesale or retail services. Any purchaser of wholesale telecommunications services, or the commission on its own motion, may bring a complaint before the commission alleging a violation of the provisions of this section. Notice shall be given and any hearing shall be conducted pursuant to the Wyoming Administrative Procedure Act. The commission shall issue an order identifying the violation and directing the provider to implement prices, terms or conditions as the commission deems appropriate and may impose other remedies permitted under this chapter, provided the commission finds:
(i) The provider's wholesale prices, terms and conditions are unjust, unreasonable or discriminatory;
(ii) The provider's wholesale prices, terms and conditions violate federal law or this chapter.". SCOTT
[TO SUBSTITUTE BILL No. 1]
Page 10-line 9 After "amount" delete "the" insert "that".
Page 10-line 12 Delete "2009" insert "2008". SCOTT
2/1/2007 S Passed CoW
[TO SUBSTITUTE BILL No. 1]
Page 16-line 6 Delete "2010" insert "2012".
Page 16-line 10 Delete "2010" insert "2012". MEIER
[TO SUBSTITUTE BILL No. 1]
Page 2-line 17 Delete "This chapter" insert "W.S. 37-15-202". SCOTT, MEIER
[TO SUBSTITUTE BILL No. 1]
Page 10-line 11 Delete "federal consumer price index" insert "United States department
of labor wired telecommunications carriers of the producer price index industry
data". MEIER
2/2/2007 S Passed 2nd Reading
[TO SUBSTITUTE BILL No. 1]
Page 12-line 24 Delete "and (h)" insert ", (h) and (j)". LARSON
SF0078S3002/FAILED
[TO SUBSTITUTE BILL No. 1]
Page 2-line 3 After "creating" delete "a"; delete "paragraph" insert "paragraphs"; after (xvii)" insert "and (xviii)".
Page 4-line 22 Delete "." insert ";".
Page 4-after line 22 Insert:
"(xviii) "Wholesale services" means services that telecommunications companies receive from incumbent local exchange carriers pursuant to the federal Telecommunications Act of 1934 as amended, and that are used as inputs in order to provide services to end users or others in this state.".
Page 19-line 24 After "price of" insert "any wholesale services or". SCOTT, LARSON
ROLL CALL
Ayes: Senator(s) Aullman, Burns, Coe, Geis, Hines, Larson, Massie, Meier, Nicholas, Schiffer, Scott and Von Flatern
Nays: Senator(s) Anderson J., Barrasso, Case, Cooper, Decaria, Fecht, Hastert, Jennings, Job, Johnson, Mockler, Perkins, Peterson, Ross, Sessions, Townsend and Vasey
Excused: Senator(s) Peck
Ayes 12 Nays 17 Excused 1 Absent 0 Conflicts 0
[TO SUBSTITUTE BILL No. 1]
Page 6-line 23 After "competition" insert "provided the petitioner agrees to abide by the conditions set forth in paragraphs (d)(v) and (vi) of this section". SCOTT
SF0078S3004/ADOPTED (CORRECTED COPY)
[TO SUBSTITUTE BILL No. 1]
Page 19-line 17 After "(vii)" delete balance of line and insert "Receive, hear and act upon applications or complaints regarding anti-competitive practices allowed under authority expressly granted to it pursuant to the Federal Telecommunications Act of 1996, 47 U.S.C. Section 251 et seq.".
Page 19-line 18 Delete.
Page 19-line 24 After "service" insert "or any commission decision under W.S. 37-15-404(e)(vi)". CASE
[TO SUBSTITUTE BILL No. 1]
Page 17-line 7 After "37-15-204." insert "The commission may authorize noncompetitive switched access prices above three cents ($.03) per minute for an additional transition period not to exceed two (2) years ending January 1, 2012, only upon a showing that access prices are supported by a current total long-run incremental cost study as defined by W.S. 37-15-103(a)(xiii) based upon data after January 1, 2008.".
Page 24-line 13 After "37-15-103(a)(vi)" delete ", (xiii)". CASE
[TO SUBSTITUTE BILL No. 1]
Page 14-line 13 Delete and insert "on the overall federal consumer price index published by the United States department of labor, bureau of labor statistics".
Page 14-line 14 Delete through "generally". CASE
[TO SUBSTITUTE BILL No. 1]
Page 2-line 3 Delete "a"; delete "paragraph" insert "paragraphs"; after "(xvii)" insert "and (xviii)".
Page 2-line 14 Delete "(a)".
Page 2-line 17 Delete.
Page 4-after line 22 Insert and renumber:
"(xviii) This section is repealed effective July 1, 2015.". MEIER
2/5/2007 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Case, Coe, Cooper, Decaria, Fecht, Hastert, Jennings, Job, Johnson, Larson, Massie, Mockler, Nicholas, Perkins, Peterson, Ross, Schiffer, Sessions, Townsend, Vasey and Von Flatern
Nays: Senator(s) Burns, Geis, Hines, Meier and Scott
Excused: Senator(s) Peck
Ayes 24 Nays 5 Excused 1 Absent 0 Conflicts 0
2/7/2007 H Received for Introduction
2/7/2007 H Introduced and Referred to H07
2/13/2007 H07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Brown, Gentile, Gilmore, Illoway, Martin, Miller, Quarberg, Walsh and Zwonitzer, Dn.
Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0
2/13/2007 H Placed on General File
SF0078HS001/ADOPTED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 2-line 8 After "(vii)," insert "37-15-404 by creating a new subsection (f),".
Page 9-line 9 Delete "landline carrier" insert "wireless provider".
Page 10-line 11 Delete "consumer" insert "gross domestic product".
Page 14-line 13 Delete "consumer" insert "gross domestic product".
Page 16-line 21 After "commission" delete balance of line and insert "shall review".
Page 16-line 22 Delete "satisfaction".
Page 16-line 23 After "plan" insert "to ensure that it is accurate and consistent with this section".
Page 17-line 3 Delete "is satisfied with and".
Page 17-line 13 After "2008." Insert "A telecommunications company increasing rates pursuant to this subsection may utilize the universal service fund for eligible access lines as provided in W.S. 37-15-501 and 37-15-502 and commission rule and regulation.".
Page 19-lines 22-24 Delete entirely and insert:
"(vii) Exercise authority as expressly delegated under the Federal Communications Act of 1934, as amended.".
Page 20-lines 1 and 2 Delete entirely.
Page 20-After line 2 Insert:
"37-15-404. Protection of telecommunications consumers.
(f) No telecommunications company shall engage in anti-competitive behavior, including, but not limited to, discrimination in favor of its affiliates.".
Page 20-line 9 Delete "commission decision under W.S. 37-15-404(e)(vi)" insert "violation of W.S. 37-15-404". ILLOWAY, CHAIRMAN
2/20/2007 H Passed CoW
2/21/2007 H Passed 2nd Reading
2/22/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R., Bagby, Berger, Blake, Brechtel, Brown, Childers, Cohee, Craft, Davison, Diercks, Edmonds, Edwards, Esquibel, F., Esquibel, K., Gentile, Gilmore, Gingery, Goggles, Hallinan, Hammons, Harshman, Harvey, Iekel, Illoway, Jaggi, Jones, Jorgensen, Landon, Lubnau, Madden, Martin, McOmie, Mercer, Meyer, Miller, Millin, Olsen, Petersen, Philp, Quarberg, Samuelson, Semlek, Shepperson, Simpson, Slater, Steward, Thompson, Throne, Wallis, Walsh, Warren, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Buchanan, Dockstader and Teeters
Excused: Representative(s) Lockhart
Ayes 56 Nays 3 Excused 1 Absent 0 Conflicts 0
2/23/2007 S Did Concur
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Coe, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Perkins, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Excused: Senator(s) Peck and Peterson
Ayes 28 Nays 0 Excused 2 Absent 0 Conflicts 0
2/23/2007 Assigned Number SEA No. 0057
2/26/2007 S President Signed SEA No. 0057
2/26/2007 H Speaker Signed SEA No. 0057
2/28/2007 Governor Signed SEA No. 0057
2/28/2007 Assigned Chapter Number
Chapter No. 0142 Session Laws of Wyoming 2007.