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                                                      PRINTER'S NO. 1374

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1127 Session of 1999


        INTRODUCED BY WHITE, MADIGAN, EARLL AND KASUNIC, OCTOBER 4, 1999

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           OCTOBER 4, 1999

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, providing for powers and duties of the
     3     Pennsylvania Public Utility Commission relating to video
     4     programming providers.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 3009 of Title 66 of the Pennsylvania
     8  Consolidated Statutes is amended by adding a subsection to read:
     9  § 3009.  Additional powers and duties.
    10     * * *
    11     (g)  Video programming providers.--Whenever a local exchange
    12  telecommunications company or its affiliated business entity
    13  actually delivers video programming services to customers within
    14  a franchise territory of a cable operator providing video
    15  programming or whenever a local exchange telecommunications
    16  company or its affiliated business entity expands any existing
    17  delivery of video programming into a franchise territory of a
    18  cable operator providing video programming after February 8,
    19  1996, the commission must, within 20 days of the filing of an

     1  application by the cable operator providing video programming or
     2  its affiliated business entity, certify the applicant to provide
     3  local exchange telecommunications service within the respective
     4  local exchange telecommunications company's service territory.
     5  Such certification shall be on the basis of the section 251(a),
     6  (b) and (c) interconnection provisions of the Telecommunications
     7  Act of 1996 (Public Law 104-104, 110 Stat. 56) and shall not be
     8  limited to facilities-based certification. Further, in lieu of
     9  the compulsory arbitration provisions of the Telecommunications
    10  Act of 1996, the commission, upon petition of the applicant,
    11  must establish the applicable interconnection charges consistent
    12  with section 252(d) of the Telecommunications Act of 1996 within
    13  60 days of the filing of the petition. Any application or
    14  petition filed must be docketed on the same day it is filed with
    15  the commission.
    16     Section 2.  This act shall be retroactive to March 3, 1999.
    17     Section 3.  This act shall take effect immediately.









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