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                                                       PRINTER'S NO. 378

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 327 Session of 2007


        INTRODUCED BY STURLA, COHEN, FABRIZIO, BEYER, BOYD, CALTAGIRONE,
           DePASQUALE, FREEMAN, GERGELY, GIBBONS, JAMES, JOSEPHS, KOTIK,
           McILHATTAN, MICOZZIE, M. O'BRIEN, PARKER, SANTONI, SCAVELLO,
           SONNEY, WALKO, YOUNGBLOOD, DALEY, GEIST, LEACH, MYERS,
           WHEATLEY AND SIPTROTH, FEBRUARY 9, 2007

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 9, 2007

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, further providing for network
     3     modernization plans.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3014(h) of Title 66 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 3014.  Network modernization plans.
     9     * * *
    10     (h)  [Prohibition against political] Political subdivision
    11  advanced and broadband services deployment.--
    12         [(1)  Except as otherwise provided for under paragraph
    13     (2), a political subdivision or any entity established by a
    14     political subdivision may not provide to the public for
    15     compensation any telecommunications services, including
    16     advanced and broadband services, within the service territory
    17     of a local exchange telecommunications company operating

     1     under a network modernization plan.
     2         (2)  A political subdivision may offer advanced or
     3     broadband services if the political subdivision has submitted
     4     a written request for the deployment of such service to the
     5     local exchange telecommunications company serving the area
     6     and, within two months of receipt of the request, the local
     7     exchange telecommunications company or one of its affiliates
     8     has not agreed to provide the data speeds requested. If the
     9     local exchange telecommunications company or one of its
    10     affiliates agrees to provide the data speeds requested, then
    11     it must do so within 14 months of receipt of the request.
    12         (3)  The prohibition in paragraph (1) shall not be
    13     construed to preclude the continued provision or offering of
    14     telecommunications services by a political subdivision of the
    15     same type and scope as were being provided on the effective
    16     date of this section.]
    17         (4)  Notwithstanding any other provision of this title, a
    18     political subdivision or any entity established by a
    19     political subdivision may provide to the public for
    20     compensation any telecommunications services, including
    21     advanced and broadband services, within the service territory
    22     of a local exchange telecommunications company operating
    23     under a network modernization plan, on and after the
    24     effective date of this paragraph.
    25         (5)  Nothing in paragraph (4) shall be construed to
    26     preclude the continued provision or offering of
    27     telecommunications services by a political subdivision of the
    28     same type and scope as were being provided on the effective
    29     date of this paragraph.
    30     * * *
    20070H0327B0378                  - 2 -     

     1     Section 2.  This act shall take effect in 60 days.




















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