THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY MENSCH, ARGALL, FOLMER, YAW, VANCE, BOSCOLA, FARNESE, BAKER AND SCARNATI, DECEMBER 16, 2009

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, DECEMBER 16, 2009  

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, further providing for access charges.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3017 of Title 66 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3017.  Access charges.

(a)  General rule.--The commission may not require a local

exchange telecommunications company to reduce access rates

except on a revenue-neutral basis.

(b)  Refusal to pay access charges prohibited.--No person or

entity may refuse to pay tariffed intrastate access charges for

interexchange access services provided by a local exchange

telecommunications company or alternative service provider. 

Prior to filing a complaint, the local exchange

telecommunications company or alternative service provider shall

attempt, in good faith pursuant to tariff, to resolve an access

charge payment dispute.

(b.1)  Complaint proceeding.--

(1)  If the local exchange telecommunications company or

alternative service provider seeking payment demonstrates

that the called or calling telephone number is assigned to a

switch identified with a rate center outside of the local

calling area as prescribed by the commission, including

extended area service, or a major trading area as defined by

the Federal Communications Commission for commercial mobile

radio service providers, then a prima facie violation of

subsection (b) is established. If a valid originating

telephone number is not listed for a call, then it shall be

presumed that interexchange access service was provided by

the local exchange telecommunications company or alternative

service provider. Nothing herein shall preclude other proof

of the geographic end points of a call.

(2)  Notwithstanding any other provision of this title,

the commission shall make a final decision and order granting

or denying a complaint that alleges a violation of subsection

(b) within 180 days of the filing of the complaint. In

considering such a complaint, the commission shall do all of

the following:

(i)  The commission shall promptly hold a preliminary

hearing for the purpose of determining whether financial

security should be established by the respondent in favor

of the complainant in an amount as determined by the

commission. If the respondent refuses to establish the

financial security set by the commission, then the

commission may revoke any certificate of public

convenience granted to the person or entity, and order

the cessation of intrastate interexchange access service

to the person or entity. In determining the amount of

financial security, the commission shall consider all of

the following:

(A)  The likelihood of success of the complaint.

(B)  The total amount due to the local exchange

telecommunications company or alternative service

provider at the time of the filing of the complaint.

(C)  The estimated additional amounts that may

become due for the provision of interexchange access

service by the local exchange telecommunications

company or alternative service provider prior to

final resolution of the complaint by the commission.

If the respondent voluntarily elects not to utilize

the interexchange services of the complainant during

the pendency of the complaint, this paragraph shall

not apply.

(ii)  The commission, upon a finding that a person or

entity violated subsection (b), shall require payment by

the person or entity of an amount not less than treble

the amount which was otherwise due to a local exchange

telecommunications company or alternative service

provider. This amount shall be in addition to any

penalties or other provisions for late payment or

nonpayment set forth in the access tariff of the local

exchange telecommunications company or alternative

service provider.

(iii)  The commission, upon a finding that a person

or entity violated subsection (b), may revoke any

certificate of public convenience granted to such person

or entity, and order the cessation of intrastate

interexchange service to the person or entity.

(b.2)  Applicability.--The provisions of subsection (b) shall

not apply:

(1)  Where an interconnection agreement has been approved

by the commission that specifies the payment of a different,

negotiated rate to the local exchange telecommunications

company or alternative service provider.

(2)  To a retail service provider which engages another

person or entity to deliver interexchange traffic and pay for

interexchange access services on behalf of such retail

service provider.

(3)  There is a mutual agreement of nonpayment.

(c)  Limitation.--No telecommunications carrier providing

competitive local exchange telecommunications service may charge

access rates higher than those charged by the incumbent local

exchange telecommunications company in the same service

territory unless such carrier can demonstrate that the higher

access rates are cost justified.

Section 2.  The addition of 66 Pa.C.S. § 3017 (b.1)(2)(ii)

and (iii) shall apply to proceedings pending before the

commission on the effective date of this section.

Section 3.  This act shall take effect immediately.