PRIOR PRINTER'S NO. 34
PRINTER'S NO. 1562
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
85
Session of
2023
INTRODUCED BY PHILLIPS-HILL, BARTOLOTTA, MARTIN, STEFANO, VOGEL,
J. WARD, MASTRIANO, ROTHMAN, BAKER AND REGAN,
JANUARY 12, 2023
SENATOR PENNYCUICK, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED,
APRIL 30, 2024
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in alternative form of regulation of
telecommunications services, further providing for NETWORK
MODERNIZATION PLANS AND FOR additional powers and duties of
commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3019(c) of Title 66 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
SECTION 1. SECTION 3014(B) OF TITLE 66 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING PARAGRAPHS TO READ:
§ 3014. NETWORK MODERNIZATION PLANS.
* * *
(B) OPTIONS FOR AMENDMENT OF NETWORK MODERNIZATION PLAN.--
LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES SHALL HAVE THE
FOLLOWING OPTIONS:
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(9) EFFECTIVE JANUARY 1, 2024, THE NETWORK MODERNIZATION
PLANS OF ALL LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES
SHALL BE DEEMED AMENDED TO PROVIDE THAT THE LOCAL EXCHANGE
TELECOMMUNICATIONS COMPANY IS NOT REQUIRED TO MAKE BROADBAND
AVAILABLE UNDER THIS CHAPTER TO ANY CUSTOMER OR LOCATION TO
WHICH BROADBAND IS AVAILABLE FROM ANY OTHER PROVIDER
UTILIZING ANY TECHNOLOGY.
(10) EFFECTIVE JANUARY 1, 2025, THE NETWORK
MODERNIZATION PLANS OF ALL LOCAL EXCHANGE TELECOMMUNICATIONS
COMPANIES SHALL BE DEEMED AMENDED TO PROVIDE THAT THE LOCAL
EXCHANGE TELECOMMUNICATIONS COMPANY IS NOT REQUIRED TO MAKE
BROADBAND AVAILABLE UNDER THIS CHAPTER TO ANY CUSTOMER OR
LOCATION.
(11) EFFECTIVE JANUARY 1, 2025, NOTWITHSTANDING ANY
OTHER PROVISIONS OF THIS TITLE OR ANY OTHER LAW, THE NETWORK
MODERNIZATION PLANS OF ALL LOCAL EXCHANGE TELECOMMUNICATIONS
COMPANIES SHALL BE DEEMED AMENDED TO PROVIDE AS FOLLOWS:
(I) TELECOMMUNICATIONS SERVICES OFFERED BY THE LOCAL
EXCHANGE TELECOMMUNICATIONS COMPANY MAY BE SUPPLIED USING
ANY TECHNOLOGY, PROVIDED THAT THE USE OF AN ALTERNATIVE
TECHNOLOGY SHALL NOT BE CONSTRUED TO GRANT ANY ADDITIONAL
JURISDICTION OR AUTHORITY TO THE COMMISSION OVER THE
SERVICE OR TECHNOLOGY; AND
(II) THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY
SHALL NOT HAVE THE DUTY TO EXTEND, EXPAND OR CONTINUE IN
PLACE ITS FACILITIES TO FURNISH TELECOMMUNICATIONS
SERVICES WHEN THE CUSTOMER HAS SERVICE AVAILABLE FROM ONE
OR MORE ALTERNATIVE PROVIDERS OF WIRELINE OR WIRELESS
COMMUNICATIONS SERVICES.
* * *
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SECTION 2. SECTION 3019(C) OF TITLE 66 IS AMENDED AND THE
SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 3019. Additional powers and duties.
* * *
(c) [(Reserved).] Streamlined regulations for
telecommunications carriers.--
(1) Notwithstanding any other provisions of this title
and subject to paragraph (2), the commission, within 30 days
after the effective date of this paragraph , by order
published on the commission's publicly accessible Internet
website and served upon all certificated telecommunications
carriers, shall permanently waive its regulations at 52 Pa.
Code Ch. 53 (relating to tariffs for noncommon carriers), §§
53.57 (relating to definitions), 53.58 (relating to offering
of competitive services), 53.59 (relating to cost support
requirements and effective filing dates for tariff filings of
noncompetitive services), 53.60 (relating to promotional
offerings and bundled service packages ) and 53.85 (relating
to paper billing fees), as well as all provisions of 52 Pa.
Code Chs. 63 (relating to telecommunications service) and 64
(relating to standards and billing practices for residential
telecommunications service).
(2) The waiver of regulations under paragraph (1) shall
not apply to the following provisions of 52 Pa. Code:
(i) Section 63.37 (relating to operation of the
Telecommunications Relay Service System and Relay Service
Fund).
(ii) Ch. 63 Subch. L (relating to universal
service).
(iii) Ch. 63 Subch. O (relating to abbreviated
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procedures for review and approval of transfer of control
for telecommunications public utilities).
(iv) (III) Section 64.23 (relating to standardizing
LEC responses to customer contacts alleging unauthorized
charges added to the customer's bill (cramming) and
unauthorized changes to the customer's long distance
carrier (slamming)).
(3) The regulations specified in paragraph (2) and any
other commission regulations shall remain in effect subject
to the commission's authority to alter, amend, waive or
rescind the regulations according to applicable law.
(4) The commission shall promptly rescind the
regulations waived under paragraph (1).
(5) With the exception of the regulations specified in
paragraph (2), every three years after the effective date of
this paragraph, the commission shall undertake a review of
all regulations , ORDERS, REQUIREMENTS AND POLICY STATEMENTS
applicable to telecommunications carriers and shall rescind
regulations , ORDERS, REQUIREMENTS AND POLICY STATEMENTS that
are no longer necessary or in the public interest. If the
commission promulgates any new regulation OR REQUIREMENT
applicable to telecommunications carriers, then the new
regulation OR REQUIREMENT must be supported by factual
findings and determinations, based on an evidentiary record,
demonstrating need for the regulation given the emergence of
new industry participants, technological changes, electronic
means for billing and customer notices, costs of compliance,
consumer preference, the competitive market for
telecommunications services and that the benefits of the
regulation outweigh the cost to comply with and enforce the
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regulation.
(6) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A
TELECOMMUNICATIONS CARRIER MAY NOT BE REQUIRED TO OBTAIN,
AMEND OR ABANDON A CERTIFICATE OF PUBLIC CONVENIENCE RELATED
TO CHAPTERS 11 (RELATING TO CERTIFICATES OF PUBLIC
CONVENIENCE) AND 19 (RELATING TO SECURITIES AND OBLIGATIONS),
AND A TELECOMMUNICATIONS CARRIER MAY NOT BE REQUIRED TO
OBTAIN COMMISSION APPROVAL OF A TRANSACTION IF THE
TELECOMMUNICATIONS CARRIER OR AN AFFILIATE THEREOF FILES A
RELATED APPLICATION WITH THE FEDERAL COMMUNICATIONS
COMMISSION AND IF THE TELECOMMUNICATIONS CARRIER PROVIDES
WRITTEN NOTICE TO THE COMMISSION OF ITS FILING WITH THE
FEDERAL COMMUNICATIONS COMMISSION. COMMISSION APPROVAL SHALL
BE DEEMED TO BE HAD AND OBTAINED BY OPERATION OF LAW 30
CALENDAR DAYS AFTER THE FILING OF WRITTEN NOTICE WITH THE
COMMISSION.
(7) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE,
THE COMMISSION SHALL HAVE NO JURISDICTION OVER AND SHALL NOT
REGULATE ANY VOICE-OVER-INTERNET PROTOCOL SERVICE OR INTERNET
PROTOCOL-ENABLED SERVICE, AS THOSE TERMS ARE DEFINED IN
SECTION 3 OF THE ACT OF JULY 4, 2008 (P.L.627, NO.52), KNOWN
AS THE VOICE-OVER-INTERNET PROTOCOL FREEDOM ACT, OR ANY OTHER
BROADBAND OR INTERNET ACCESS SERVICE, INCLUDING THE
FACILITIES USED TO PROVIDE THE SERVICES.
(c.1) Issues, disputes and appointments.--The following
shall apply:
(1) If a customer of a retail voice service within the
commission's jurisdiction contacts the commission with an
issue or dispute with the customer's local exchange
telecommunications company, the commission shall forward
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relevant information to a local exchange telecommunications
company-maintained email address. The local exchange
telecommunications company shall begin an investigation and
make a good faith effort to resolve the issue or dispute in a
manner satisfactory to both parties. In the event the issue
or dispute is not resolved within 30 days, the local exchange
telecommunications company shall inform the commission and
the commission shall advise the customer of the option to
pursue mediation before the commission.
(2) For a service installation or repair appointment for
voice service within the commission's jurisdiction, the local
exchange telecommunications company shall make a good faith
effort to establish a mutually agreeable date and appointment
window with the customer. The local exchange
telecommunications company shall keep the appointment unless
the customer is given advance notice that a change to the
appointment is necessary.
* * *
Section 2 3. This act shall take effect in 60 days.
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