PRIOR PRINTER'S NO. 1666
PRINTER'S NO. 2010
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1112
Session of
2020
INTRODUCED BY PHILLIPS-HILL, MARTIN, MENSCH, STEFANO,
BARTOLOTTA, BREWSTER, ARNOLD, BAKER, GORDNER, VOGEL,
DINNIMAN, SCAVELLO, PITTMAN, MASTRIANO AND REGAN,
APRIL 30, 2020
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, AS AMENDED, SEPTEMBER 22, 2020
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in alternative form of regulation of
telecommunications services, further providing 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:
§ 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 and , by order
published on the commission's publicly accessible Internet
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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 supporting
documentation for promotional offerings, joint or bundled
service packages, and toll services) and 53.85 (relating to
paper billing fees), as well as all provisions of 52 Pa. Code
Chs. 63 (relating to telephone service) and 64 (relating to
standards and billing practices for residential telephone
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) Chapter 63L (relating to universal services).
(iii) Chapter 63O (relating to abbreviated
procedures for review and approval of transfer of control
for telecommunications public utilities).
(iv) 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
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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 applicable to telecommunications carriers and
shall rescind regulations that are no longer necessary or in
the public interest. The commission shall not promulgate any
new regulation applicable to the telecommunications carriers
if the number of voice subscriptions subject to the
commission's jurisdiction is less than 10% of the total voice
subscriptions in this Commonwealth, including, but not
limited to, mobile wireless and Voice over Internet Protocol
subscriptions. If the commission promulgates any new
regulation applicable to telecommunications carriers, then
the new regulation 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 regulation.
(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 E-MAIL 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. This act shall take effect in 60 days.
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