HB 1527 - FINAL VERSION
18feb98.....0652h
5/7/98 1528s
1998 SESSION
98-2036
03/09
HOUSE BILL 1527
AN ACT relative to unauthorized switching of telecommunications or energy-related service providers.
SPONSORS: Rep. J. Bradley, Carr 8; Rep. Thomas, Belk 3; Rep. MacGillivray, Hills 21; Rep. Norelli, Rock 31; Rep. Lynde, Hills 24; Sen. J. King, Dist 18; Sen. F. King, Dist 1; Sen. Rubens, Dist 5; Sen. Larsen, Dist 15; Sen. Patenaude, Dist 7
COMMITTEE: Science, Technology and Energy
AMENDED ANALYSIS
This bill prohibits unauthorized switching of telecommunications or energy-related service providers.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18feb98.....0652h
5/7/98 1528s
98-2036
03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Eight
AN ACT relative to unauthorized switching of telecommunications or energy-related service providers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that with increased competition in the provision of telecommunications and energy-related services, there is a greater likelihood of unethical or questionable marketing tactics. The public utilities commission should provide assurance to consumers that they may not be switched to another carrier or provider without the express permission of the customer.
2 New Section; Public Utilities; Slamming Prohibited. Amend RSA 374 by inserting after section 28 the following new section:
374:28-a Slamming Prohibited.
I. "Slamming" is any practice that changes a consumer's telecommunications or energy-related service carrier or provider without the customer's knowledge or consent. For purposes of this section, a "customer" shall mean the person to whom the telecommunications or energy-related services are billed, or that person's designee.
II. No person shall engage in slamming. Any person that engages in slamming shall be subject to an administrative fine in an amount to be determined by the commission, not to exceed $2,000 per offense. The commission may consider intent as a factor when assessing administrative fines.
III. The commission, upon its own motion or upon petition of any interested party, may withdraw the person's authorization to engage in business in all or any part of the territory in which it is authorized to operate whenever it shall find, after notice and public hearing, that said person has engaged in slamming.
IV. The commission shall adopt rules, pursuant to RSA 541-A, and consistent with rules adopted by the Federal Communications Commission regarding telecommunications slamming, to enforce the provisions of this section.
3 Effective Date. This act shall take effect upon its passage.