PRINTER'S NO. 378
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. A19L66BIL/20070H0327B0378 - 3 -