SB 85 — 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.

PRIOR PRINTER'S NO.

34 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

851562 2023THE INTRODUCEDGENERAL BYASSEMBLY PHILLIPS-HILL,OF BARTOLOTTA,PENNSYLVANIA MARTIN,SENATE STEFANO,BILL VOGEL,Session J.of No.

WARD,85 MASTRIANO,2023 ROTHMANINTRODUCED ANDBY BAKER,PHILLIPS-HILL, BARTOLOTTA, MARTIN, STEFANO, VOGEL, JANUARY 12, 20232023NO, REFERREDROTHMAN, TOBAKER AND REGAN, SENATOR PENNYCUICK, COMMUNICATIONS AND TECHNOLOGY, JANUARYAS 12,AMENDED, 2023APRIL 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.

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:

* * * (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.

* * * 20230SB0085PN1562 - 2 - SECTION 2.

SECTION 3019(C) OF TITLE 66 IS AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

O (relating to abbreviated <-- 20230SB0085PN1562 - 3 - 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)).

(4) The commission shall promptly rescind the 20230SB0085PN0034 - 2 - 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 regulationsregulations, ORDERS, REQUIREMENTS AND POLICY STATEMENTS <-- applicable to telecommunications carriers and shall rescind regulationsregulations, 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 20230SB0085PN1562 - 4 - 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.

(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 20230SB0085PN1562 - 5 - relevant information to a local exchange telecommunications company-maintained email address.

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 20230SB0085PN0034 - 3 - pursue mediation before the commission.

* * * Section 2.2 3.

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