S0085B0034A04170 SFR:JMT 04/29/24 #90 A04170
AMENDMENTS TO SENATE BILL NO. 85
Sponsor: SENATOR PHILLIPS-HILL
Printer's No. 34
Amend Bill, page 1, line 3, by inserting after "for"
network modernization plans and for
Amend Bill, page 1, lines 7 through 9, by striking out all of
said lines and inserting
Section 1. Section 3014(b) of Title 66 of the Pennsylvania
Consolidated Statutes is amended by adding paragraphs to read:
ยง 3014. Network modernization plans.
* * *
(b) Options for amendment of network modernization plan.--
Local exchange telecommunications companies shall have the
following options:
* * *
(9) Effective January 1, 2024, the network modernization
plans of all local exchange telecommunications companies
shall be deemed amended to provide that the local exchange
telecommunications company is not required to make broadband
available under this chapter to any customer or location to
which broadband is available from any other provider
utilizing any technology.
(10) Effective January 1, 2025, the network
modernization plans of all local exchange telecommunications
companies shall be deemed amended to provide that the local
exchange telecommunications company is not required to make
broadband available under this chapter to any customer or
location.
(11) Effective January 1, 2025, notwithstanding any
other provisions of this title or any other law, the network
modernization plans of all local exchange telecommunications
companies shall be deemed amended to provide as follows:
(i) telecommunications services offered by the local
exchange telecommunications company may be supplied using
any technology, provided that the use of an alternative
technology shall not be construed to grant any additional
jurisdiction or authority to the commission over the
service or technology; and
(ii) the local exchange telecommunications company
shall not have the duty to extend, expand or continue in
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place its facilities to furnish telecommunications
services when the customer has service available from one
or more alternative providers of wireline or wireless
communications services.
* * *
Section 2. Section 3019(c) of Title 66 is amended and the
section is amended by adding a subsection to read:
Amend Bill, page 2, lines 18 through 21, by striking out all
of lines 18 through 20 and "(iv)" in line 21 and inserting
(iii)
Amend Bill, page 3, line 5, by inserting after "regulations"
, orders, requirements and policy statements
Amend Bill, page 3, line 6, by inserting after "regulations"
, orders, requirements and policy statements
Amend Bill, page 3, line 8, by inserting after "regulation"
or requirement
Amend Bill, page 3, line 9, by inserting after "regulation"
or requirement
Amend Bill, page 3, by inserting between lines 16 and 17
(6) Notwithstanding any other provision of law, a
telecommunications carrier may not be required to obtain,
amend or abandon a certificate of public convenience related
to Chapters 11 (relating to certificates of public
convenience) and 19 (relating to securities and obligations),
and a telecommunications carrier may not be required to
obtain commission approval of a transaction if the
telecommunications carrier or an affiliate thereof files a
related application with the Federal Communications
Commission and if the telecommunications carrier provides
written notice to the commission of its filing with the
Federal Communications Commission. Commission approval shall
be deemed to be had and obtained by operation of law 30
calendar days after the filing of written notice with the
commission.
(7) Notwithstanding any other provision of this title,
the commission shall have no jurisdiction over and shall not
regulate any voice-over-Internet protocol service or Internet
protocol-enabled service, as those terms are defined in
section 3 of the act of July 4, 2008 (P.L.627, No.52), known
as the Voice-Over-Internet Protocol Freedom Act, or any other
broadband or Internet access service, including the
facilities used to provide the services.
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Amend Bill, page 4, line 11, by striking out "2" and
inserting
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