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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY MENSCH, ARGALL, FOLMER, YAW, VANCE, BOSCOLA, FARNESE, BAKER AND SCARNATI, DECEMBER 16, 2009 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, DECEMBER 16, 2009 |
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| AN ACT |
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1 | Amending Title 66 (Public Utilities) of the Pennsylvania |
2 | Consolidated Statutes, further providing for access charges. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 3017 of Title 66 of the Pennsylvania |
6 | Consolidated Statutes is amended to read: |
7 | § 3017. Access charges. |
8 | (a) General rule.--The commission may not require a local |
9 | exchange telecommunications company to reduce access rates |
10 | except on a revenue-neutral basis. |
11 | (b) Refusal to pay access charges prohibited.--No person or |
12 | entity may refuse to pay tariffed intrastate access charges for |
13 | interexchange access services provided by a local exchange |
14 | telecommunications company or alternative service provider. |
15 | Prior to filing a complaint, the local exchange |
16 | telecommunications company or alternative service provider shall |
17 | attempt, in good faith pursuant to tariff, to resolve an access |
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1 | charge payment dispute. |
2 | (b.1) Complaint proceeding.-- |
3 | (1) If the local exchange telecommunications company or |
4 | alternative service provider seeking payment demonstrates |
5 | that the called or calling telephone number is assigned to a |
6 | switch identified with a rate center outside of the local |
7 | calling area as prescribed by the commission, including |
8 | extended area service, or a major trading area as defined by |
9 | the Federal Communications Commission for commercial mobile |
10 | radio service providers, then a prima facie violation of |
11 | subsection (b) is established. If a valid originating |
12 | telephone number is not listed for a call, then it shall be |
13 | presumed that interexchange access service was provided by |
14 | the local exchange telecommunications company or alternative |
15 | service provider. Nothing herein shall preclude other proof |
16 | of the geographic end points of a call. |
17 | (2) Notwithstanding any other provision of this title, |
18 | the commission shall make a final decision and order granting |
19 | or denying a complaint that alleges a violation of subsection |
20 | (b) within 180 days of the filing of the complaint. In |
21 | considering such a complaint, the commission shall do all of |
22 | the following: |
23 | (i) The commission shall promptly hold a preliminary |
24 | hearing for the purpose of determining whether financial |
25 | security should be established by the respondent in favor |
26 | of the complainant in an amount as determined by the |
27 | commission. If the respondent refuses to establish the |
28 | financial security set by the commission, then the |
29 | commission may revoke any certificate of public |
30 | convenience granted to the person or entity, and order |
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1 | the cessation of intrastate interexchange access service |
2 | to the person or entity. In determining the amount of |
3 | financial security, the commission shall consider all of |
4 | the following: |
5 | (A) The likelihood of success of the complaint. |
6 | (B) The total amount due to the local exchange |
7 | telecommunications company or alternative service |
8 | provider at the time of the filing of the complaint. |
9 | (C) The estimated additional amounts that may |
10 | become due for the provision of interexchange access |
11 | service by the local exchange telecommunications |
12 | company or alternative service provider prior to |
13 | final resolution of the complaint by the commission. |
14 | If the respondent voluntarily elects not to utilize |
15 | the interexchange services of the complainant during |
16 | the pendency of the complaint, this paragraph shall |
17 | not apply. |
18 | (ii) The commission, upon a finding that a person or |
19 | entity violated subsection (b), shall require payment by |
20 | the person or entity of an amount not less than treble |
21 | the amount which was otherwise due to a local exchange |
22 | telecommunications company or alternative service |
23 | provider. This amount shall be in addition to any |
24 | penalties or other provisions for late payment or |
25 | nonpayment set forth in the access tariff of the local |
26 | exchange telecommunications company or alternative |
27 | service provider. |
28 | (iii) The commission, upon a finding that a person |
29 | or entity violated subsection (b), may revoke any |
30 | certificate of public convenience granted to such person |
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1 | or entity, and order the cessation of intrastate |
2 | interexchange service to the person or entity. |
3 | (b.2) Applicability.--The provisions of subsection (b) shall |
4 | not apply: |
5 | (1) Where an interconnection agreement has been approved |
6 | by the commission that specifies the payment of a different, |
7 | negotiated rate to the local exchange telecommunications |
8 | company or alternative service provider. |
9 | (2) To a retail service provider which engages another |
10 | person or entity to deliver interexchange traffic and pay for |
11 | interexchange access services on behalf of such retail |
12 | service provider. |
13 | (3) There is a mutual agreement of nonpayment. |
14 | (c) Limitation.--No telecommunications carrier providing |
15 | competitive local exchange telecommunications service may charge |
16 | access rates higher than those charged by the incumbent local |
17 | exchange telecommunications company in the same service |
18 | territory unless such carrier can demonstrate that the higher |
19 | access rates are cost justified. |
20 | Section 2. The addition of 66 Pa.C.S. § 3017 (b.1)(2)(ii) |
21 | and (iii) shall apply to proceedings pending before the |
22 | commission on the effective date of this section. |
23 | Section 3. This act shall take effect immediately. |
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