See other bills
under the
same topic
PRINTER'S NO. 3494
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2320
Session of
2018
INTRODUCED BY SNYDER, PICKETT, MACKENZIE, V. BROWN, IRVIN,
BIZZARRO, MATZIE, GOODMAN, PHILLIPS-HILL, NEUMAN, KORTZ,
DAVIDSON AND HANNA, MAY 3, 2018
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 3, 2018
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in alternative form of regulation of
telecommunications services, further providing for
definitions and for network modernization plans.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "broadband" in section 3012 of
Title 66 of the Pennsylvania Consolidated Statutes is amended
and the section is amended by adding a definition to read:
§ 3012. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Broadband." A communication channel using any technology
and having a bandwidth equal to or greater than [1.544 megabits
per second (Mbps) in the downstream direction and equal to or
greater than 128 kilobits per second (Kbps) in the upstream
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
direction] minimum broadband bandwidth.
* * *
"Minimum broadband bandwidth." The minimum number of
megabits per second (Mbps) in the downstream direction and
upstream direction required to participate in the Federal
Communication Commission program known as the Connect America
Fund or any successor Federal program.
* * *
Section 2. Section 3014(c)(2)(i) and (7), (d)(7) and (j)(4)
(iii) of Title 66 are amended to read:
§ 3014. Network modernization plans.
* * *
(c) Bona fide retail request program.--A local exchange
telecommunications company that elects to amend its network
modernization plan pursuant to subsection (b)(2) or (3) shall no
later than 90 days after the effective date of its amended plan
implement a bona fide retail request program in areas where it
does not provide broadband. Not later than 30 days in advance of
program implementation, the local exchange telecommunications
company shall file with the commission and provide the
department with a written description of the program, a sample
request for advanced services form for use in the program and
the form of any advanced services term subscription agreements
customers will be required to execute in connection with
receiving the requested services. A bona fide retail request
program shall consist of the following:
* * *
(2) To be considered a bona fide retail request, the
written request must include:
(i) a request that a minimum of 50 retail access
20180HB2320PN3494 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
lines or 25% of retail access lines within a community,
whichever is less, each be provided the same advanced
service or comparable advanced services having a
bandwidth within 100 kilobits per second (Kbps) of each
other. Notwithstanding the foregoing comparable bandwidth
limitation, where a request includes individual customer
requests for advanced services having equal to or less
than [1.544 megabits per second (Mbps)] minimum broadband
bandwidth in the downstream direction, all lines in the
request shall be counted in meeting the minimum line
requirement of this subparagraph;
* * *
(7) No advanced service requested and deployed by a
local exchange telecommunications company under the bona fide
retail request program which has a bandwidth of less than
[1.544 megabits per second (Mbps)] minimum broadband
bandwidth in the downstream direction shall be counted as a
credit toward the local exchange telecommunications company's
broadband deployment obligation under its network
modernization plan amended pursuant to subsection (b)(2) or
(3).
* * *
(d) Business attraction or retention program.--
* * *
(7) No advanced service requested of and deployed by a
local exchange telecommunications company under the Business
Attraction or Retention Program which has a bandwidth of less
than [1.544 megabits per second (Mbps)] minimum broadband
bandwidth in the downstream direction shall be counted as a
credit toward the local exchange telecommunication company's
20180HB2320PN3494 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
broadband deployment obligation under its network
modernization plan amended under subsection (b)(2) or (3).
* * *
(j) Education Technology Program.--
* * *
(4) No later than 90 days after the effective date of
this section, the Department of Education shall prescribe the
grant process and the form and manner of the E-Fund
application. Grants shall be limited to the funds available
in the Education Technology Fund. In awarding grants, the
Department of Education shall give priority to applications:
* * *
(iii) that are submitted by school entities that do
not have broadband service, provided, however, that
nothing in this subsection shall preclude the department
from awarding funds to school entities for
telecommunications services, infrastructure or facilities
that provide bandwidths greater than [1.544 megabits per
second (Mbps)] minimum broadband bandwidth.
* * *
Section 3. This act shall take effect in 60 days.
20180HB2320PN3494 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21