06RS HB337


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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.

HB 337 (BR 1130) - J. Jenkins, S. Brinkman, R. Adams, E. Ballard, C. Belcher, J. Bowen, K. Bratcher, T. Burch, Dw. Butler, J. Carr, M. Cherry, L. Clark, H. Collins, R. Crimm, J. DeCesare, W. Dedman Jr, B. DeWeese, J. Draud, T. Edmonds, D. Floyd, D. Ford, J. Gooch Jr, J. Gray, M. Harmon, M. Harper, J. Higdon, C. Hoffman, J. Hoover, D. Horlander, T. Kerr, G. Lynn, P. Marcotte, M. Marzian, C. Meade, R. Meeks, C. Miller, B. Montell, F. Nesler, D. Owens, R. Palumbo, M. Rader, S. Riggs, S. Rudy, T. Shelton, C. Siler, A. Simpson, T. Thompson, R. Weston, R. Wilkey, A. Wuchner, B. Yonts

     AN ACT relating to the provision of telecommunications service.
     Create new sections of KRS Chapter 278 to define terms, including "basic local exchange service" and "nonbasic service"; limit Public Service Commission jurisdiction over telephone service beyond some consumer service areas and FCC-delegated oversight of wholesale transactions; allow telephone utilities to elect alternative regulation plans which reduce PSC oversight; eliminate most regulation of nonbasic services provided by telephone utilities.


     HCS - Retain provisions of HB 337; add definitions for "local exchange carrier," "incumbent local exchange carrier," "optional telephone feature," and "package"; restore and broaden some PSC consumer protection jurisdiction eliminated under provisions in prior substitute; prohibit predatory pricing; retain PSC jurisdiction over agreements between ILECs and other local exchange carriers; prohibit redlining; cap rates for basic local exchange service from electing utility for 5 years, then allow rise in accordance with regulation plan; permit intervention in complaint action before the PSC by interested party; restore applicability of KRS 278.218 and 278.250 to electing telephone utility; cap rates for basic service from electing small telephone utility for 12 months then allow limited by rise in consumer price index; remove requirement that telephone utilities file nonbasic contracts with PSC; allow basic service customers to purchase individual features and services outside of packages or bundles of services; limit termination charges applicable to customer who wishes to return to basic service; require terms and conditions to be provided to customer who then will have 30 days to cancel any agreement; allow rates for nonbasic service to be set by the marketplace; exclude voice over internet protocol, or VoIP, from definition of "service."

     HFA (1, R. Webb) - Retain original provisions; make incumbent local exchange carriers post contracts for nonbasic services on a Web site.

     HFA (2, R. Webb) - Retain original provisions; make an incumbent local exchange carrier be treated as a common carrier with respect to wireline facilities; make incumbent local exchange carriers comply with federal and state requirements respecting requests by a telecommunications carrier for access to wireline facilities or provision of other services.

     HFA (3, R. Webb) - Prohibit and define preferential, anticompetitive rates; allow telephone utilities to match competitors' offers; direct that complaints be submitted to binding arbitration; assert PSC authority to resolve disputes; require telephone utility to produce a copy of a written contract which is the subject of a complaint.

     SFA (1, E. Scorsone) - Exempt populations of less than 100,000 from the effect of the act; reaffirm PSC jurisdiction over current and future agreements between ILECs and other LECs.

     SFA (2, E. Scorsone) - Retain previous provisions, delete language that nonbasic service may be provided "notwithstanding regulations or law"; require terms and conditions of service provided to customer be written.

     SFA (3, E. Scorsone) - Define and prohibit predatory pricing; require lower price offered to retail customer be offered to CLECs

     Jan 12-introduced in House
     Jan 13-to Tourism Development and Energy (H)
     Jan 31-posted in committee
     Feb 7-posting withdrawn
     Feb 28-posted in committee
     Mar 7-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 8-2nd reading, to Rules; floor amendments (1) (2) and (3) filed to Committee Substitute
     Mar 10-posted for passage in the Regular Orders of the Day for Monday, March 13, 2006
     Mar 14-3rd reading; floor amendment (3) rejected ; passed 83-14 with Committee Substitute
     Mar 15-received in Senate
     Mar 17-to Agriculture and Natural Resources (S)
     Mar 21-taken from committee; 1st reading; returned to Agriculture and Natural Resources (S)
     Mar 23-floor amendments (1) (2) and (3) filed
     Mar 24-taken from committee; 2nd reading; returned to Agriculture and Natural Resources (S)
     Apr 10-reported favorably, to Rules; posted for passage in the Regular Orders of the Day for Monday, April 10, 2006; 3rd reading; floor amendments (1) (2) and (3) defeated ; passed 34-2
     Apr 11-received in House; enrolled, signed by each presiding officer; delivered to Governor
     Apr 22-signed by Governor (Acts ch. 239)

Vote History

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