SB 432 – AS INTRODUCED

2010 SESSION

10-2841

06/04

SENATE BILL 432

AN ACT relative to technical changes in public utilities law concerning telecommunications.

SPONSORS: Sen. Merrill, Dist 21; Sen. Fuller Clark, Dist 24; Sen. Cilley, Dist 6

COMMITTEE: Energy, Environment and Economic Development

ANALYSIS

This bill makes technical changes to the public utilities law concerning telecommunications and deletes a list of considerations for determining what is in the public good when authorizing service by more than one provider.

This bill is a request of the public utilities commission.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2841

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to technical changes in public utilities law concerning telecommunications.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Public Utilities; General Regulations. Amend the subdivision heading preceding RSA 374:3 to read as follows:

Supervisory [Power of Department of Transportation] Authority

2 New Paragraph; Public Utilities; Proceedings Before the Commission; Rulemaking. Amend RSA 365:8 by inserting after paragraph XIII the following new paragraph:

XIV. Standards and procedures for the registration and regulation of competitive telecommunications providers including competitive local exchange carriers and competitive toll providers pursuant to RSA 362:2, 374:3, 374:22-g and 374:22-o.

3 Service Territories Served by Certain Telephone Utilities. RSA 374:22-g is repealed and reenacted to read as follows:

374:22-g Service Territories Served by Certain Telephone Utilities. To the extent consistent with federal law and notwithstanding any other provision of law to the contrary, all telephone franchise areas served by a telephone utility that provides local exchange service, subject to the jurisdiction of the commission, shall be nonexclusive. RSA 374:26 notwithstanding, after such hearing or investigation as it may deem proper, the commission shall authorize the provision of telecommunications services, including local exchange services, and any other telecommunications services, by more than one provider, in any service territory under rules adopted pursuant to RSA 365:8, XIV.

4 Pole Attachments. Amend RSA 374:34-a, II to read as follows:

II. Whenever a pole owner is unable to reach agreement with a party seeking pole attachments, the commission shall regulate and enforce rates, charges, terms, and conditions for such pole attachments, with regard to the types of attachments regulated under 47 U.S.C. section 224 and other attachments, to provide that such rates, charges, terms, and conditions are just and reasonable. This authority shall include but not be limited to the state regulatory authority referenced in 47 U.S.C. section 224(c).

5 Effective Date. This act shall take effect 60 days after its passage.