SB 847 — AN ACT CONCERNING THE REGULATION OF VOICE SERVICE PROVIDERS.

Any petition filed pursuant to this subdivision shall specify the geographic area in which the applicant proposes to LCOmodify No.or remove such pricing standard.

4098 11 of 26 Raised Bill No.847 modify or remove such pricing standard.

(B) The availability of functionally equivalent services in the relevantLCO geographic{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0011 areaof at25 competitiveR01-SB.docx rates,} termsSubstitute andBill conditions;No.

847 relevant geographic area at competitive rates, terms and conditions;

LCO(d) No.A telephone company shall not use the revenues, expenses, costs, assets, liabilities or other resources derived from or associated with providing a noncompetitive service to subsidize the provision of competitive, emerging competitive or unregulated telecommunications services by such telephone company or any affiliate that is a certified telecommunications provider.] Sec.

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847 (d) A telephone company shall not use the revenues, expenses, costs, assets, liabilities or other resources derived from or associated with providing a noncompetitive service to subsidize the provision of competitive, emerging competitive or unregulated telecommunications services by such telephone company or any affiliate that is a certified telecommunications provider.] Sec.

(c) The authority shall not prohibit or restrict the competitive provision of intrastate telecommunications services offered by a certified telecommunications provider unless the authority finds that theLCO competitive{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0012 provision of a25 telecommunicationsR01-SB.docx service} wouldSubstitute beBill contraryNo. to the goals set forth in section 16-247a, as amended by this act, or would not be in accordance with the provisions of section 16-247a, as amended by this act, or 16-247b, as amended by this act, this section [,] or sections 16-247e to 16-247h, inclusive.

847 the competitive provision of a telecommunications service would be contrary to the goals set forth in section 16-247a, as amended by this act, or would not be in accordance with the provisions of section 16-247a, as amended by this act, or 16-247b, as amended by this act, this section [,] or sections 16-247e to 16-247h, inclusive.

(1) A telecommunications service offered on or before July 1, 1994, by a certified telecommunications provider and a wide area telephone service, "800" service, centrex service or digital centrex service offered by a telephone company, (2) a telecommunications service offered to business customers by a telephone company, (3) a home office service offered by a telephone company, and (4) a telecommunications service LCOprovided No.by a telephone company to a residential customer who subscribes to two or more telephone company services, including basic local exchange service, any vertical feature or interstate toll provided by a telephone company affiliate.

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847 provided by a telephone company to a residential customer who subscribes to two or more telephone company services, including basic local exchange service, any vertical feature or interstate toll provided by a telephone company affiliate.

(c)LCO On{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-008413 petition, on its own motion, or in conjunction with a tariff investigation conducted pursuant to subsection (f) of this25 section,R01-SB.docx after} noticeSubstitute andBill hearing,No. and within ninety days of receipt of a petition or its motion or within the time period set forth in subsection (f) of this section, as applicable, the authority may reclassify a telecommunications service as competitive, emerging competitive or noncompetitive, in accordance with the degree of competition which exists for that service in the marketplace, provided (1) a competitive service shall not be reclassified as an emerging competitive service, and (2) the authority may extend the period (A) before the end of the ninety-day period and upon notifying all parties to the proceedings by thirty days, or (B) in accordance with the provisions of subsection (f) of this section, as applicable.

847 (c) On petition, on its own motion, or in conjunction with a tariff investigation conducted pursuant to subsection (f) of this section, after notice and hearing, and within ninety days of receipt of a petition or its motion or within the time period set forth in subsection (f) of this section, as applicable, the authority may reclassify a telecommunications service as competitive, emerging competitive or noncompetitive, in accordance with the degree of competition which exists for that service in the marketplace, provided (1) a competitive service shall not be reclassified as an emerging competitive service, and (2) the authority may extend the period (A) before the end of the ninety-day period and upon notifying all parties to the proceedings by thirty days, or (B) in accordance with the provisions of subsection (f) of this section, as applicable.

(1) The number, size and geographic distribution of certified telecommunications providers of the service, provided the authority shall not reclassify any service as competitive if such service is available only from a telephone company or an affiliate of a telephone LCOcompany No.that is a certified telecommunications provider;

4098 14 of 26 Raised Bill No.847 company that is a certified telecommunications provider;

(e)LCO Except{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-008414 for those tariffs for services offered or provided to business retail end users for which a certified telecommunications provider or a telephone company elects to be exempt from filing or maintaining pursuant to subsection (h) of this25 section,R01-SB.docx each} certifiedSubstitute telecommunicationsBill providerNo. and each telephone company shall file with the authority a new or amended tariff for each competitive or emerging competitive intrastate telecommunications service authorized pursuant to section 16-247c.

847 (e) Except for those tariffs for services offered or provided to business retail end users for which a certified telecommunications provider or a telephone company elects to be exempt from filing or maintaining pursuant to subsection (h) of this section, each certified telecommunications provider and each telephone company shall file with the authority a new or amended tariff for each competitive or emerging competitive intrastate telecommunications service authorized pursuant to section 16-247c.

A telephone company filing a tariff pursuant to this section shall include in said tariff filing the information set forth in subdivisions (1) to (4), inclusive, of this subsection, a complete explanation of how the company is complying with the provisions of LCOsection No.16-247b and, in a tariff filing which declares a new service to be competitive or emerging competitive, a statement addressing the considerations set forth in subsection (d) of this section.

4098 15 of 26 Raised Bill No.847 section 16-247b and, in a tariff filing which declares a new service to be competitive or emerging competitive, a statement addressing the considerations set forth in subsection (d) of this section.

The authority may suspend a tariff or any portion of a tariff duringLCO such{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00815 investigation.of 25 R01-SB.docx } Substitute Bill No.

847 during such investigation.

(g) The provisions of this section shall not prohibit the authority from ordering different tariff filing procedures or effective dates for an emerging competitive service, pursuant to a plan for an alternative form of regulation of a telephone company approved by the authority in accordance with the provisions of section 16-247k.] LCO[(h)] No.(a) On and after [July 1, 2016] October 1, 2019, any certified telecommunications provider or telephone company [may, upon written notice to the authority, elect to be exempt from any requirement to file or maintain with the authority any tariff for services offered or provided to business retail end users.

4098 16 of 26 Raised Bill No.847 [(h)] (a) On and after [July 1, 2016] October 1, 2019, any certified telecommunications provider or telephone company [may, upon written notice to the authority, elect to be exempt from any requirement to file or maintain with the authority any tariff for services offered or provided to business retail end users.

(b)LCO On{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0016 andof after25 OctoberR01-SB.docx 1,} 2019,Substitute anyBill certifiedNo. telecommunications provider or telephone company shall make the rates, terms and conditions for services offered or provided to residential end users available to residential end users in a clear and conspicuous manner that is apparent to the reasonable residential end user on such certified telecommunications provider's or telephone company's Internet web site.

847 (b) On and after October 1, 2019, any certified telecommunications provider or telephone company shall make the rates, terms and conditions for services offered or provided to residential end users available to residential end users in a clear and conspicuous manner that is apparent to the reasonable residential end user on such certified telecommunications provider's or telephone company's Internet web site.

(g) Notwithstanding any decision of the authority to allow the competitive provision of a telecommunications service or to grant a certificate pursuant to this section, the authority, after holding a hearing with notice to all interested parties and determining that (1) continued competitive provision of a telecommunications service would be contrary to the goals set forth in section 16-247a, as amended LCOby No.this act, or would not be in accordance with the provisions of sections 16-247a to 16-247c, inclusive, as amended by this act, section 16-247e or 16-247f, as amended by this act, this section [,] or section 16- 247h, [or 16-247k,] (2) a certified telecommunications provider does not have adequate financial resources, managerial ability or technical competency to provide the service, or (3) a certified telecommunications provider has failed to comply with an applicable order made or regulation adopted by the authority, may suspend or revoke the authorization to provide said telecommunications service or take any other action it deems appropriate.

4098 17 of 26 Raised Bill No.847 by this act, or would not be in accordance with the provisions of sections 16-247a to 16-247c, inclusive, as amended by this act, section 16-247e or 16-247f, as amended by this act, this section [,] or section 16- 247h, [or 16-247k,] (2) a certified telecommunications provider does not have adequate financial resources, managerial ability or technical competency to provide the service, or (3) a certified telecommunications provider has failed to comply with an applicable order made or regulation adopted by the authority, may suspend or revoke the authorization to provide said telecommunications service or take any other action it deems appropriate.

Subsection (b) of section 16-247s of the general statutes is repealedLCO and{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-008417 theof following25 isR01-SB.docx substituted} inSubstitute lieuBill thereofNo. (Effective October 1, 2019):

847 repealed and the following is substituted in lieu thereof (Effective October 1, 2019):

Such telephone company, or its agent or affiliate as applicable, shall, in accordance with the terms and conditions set forth in the federal Telecommunications Act of 1996, as from time to time amended, and any applicable order or regulation adopted by the Federal Communications Commission thereunder, including the availability and timing of updates and applicable rates, compile all such listings and all listings for its own Connecticut customers other than those that are nonpublished in a directory assistance database and make all such listings contained in such LCOdatabase No.available in electronic format to directory assistance providers.

4098 18 of 26 Raised Bill No.847 database available in electronic format to directory assistance providers.

(1) "Telephone record" means information retained by a telephone company that relates to a telephone number dialed by a customer or another person using the customer's telephone with such customer's permission, or the incoming number of a call directed to a customer or anotherLCO person{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0018 using the customer's telephone with such customer's permission, or other data related to such call typically contained on a customer's telephone bill, including, but not limited to, the time the call started and ended, the duration of the25 call,R01-SB.docx the} timeSubstitute theBill callNo. was made and any charges applied.

847 another person using the customer's telephone with such customer's permission, or other data related to such call typically contained on a customer's telephone bill, including, but not limited to, the time the call started and ended, the duration of the call, the time the call was made and any charges applied.

(3) "Telephone" means any device used by a person for voice LCOcommunications, No.in connection with the services of a telephone company, whether such voice communications are transmitted in analog, data or any other form;

4098 19 of 26 Raised Bill No.847 communications, in connection with the services of a telephone company, whether such voice communications are transmitted in analog, data or any other form;

(1) Knowingly procure, attempt to procure, solicit or conspire with another to procure a telephone record of any resident of this state without the authorization of the customer to whom the record pertains, (2) knowingly sell or attempt to sell a telephoneLCO record{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0019 of any25 residentR01-SB.docx of} thisSubstitute stateBill withoutNo. the authorization of the customer to whom the record pertains, or (3) receive a telephone record of any resident of this state with the knowledge such record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive or false means.

847 telephone record of any resident of this state without the authorization of the customer to whom the record pertains, or (3) receive a telephone record of any resident of this state with the knowledge such record has been obtained without the authorization of the customer to whom the record pertains or by fraudulent, deceptive or false means.

(d) The provisions of this section shall not be construed to prohibit a telephone company from obtaining, using, disclosing or permitting access to any telephone record, either directly or indirectly through its LCOagents No.(1) as otherwise authorized by law, (2) with the lawful consent of the customer, (3) as may be necessarily incident to the rendition of the service, including, but not limited to, initiating, rendering, billing and collecting customer charges, or to the protection of the rights or property of the telephone company, or to protect the customer of those services and other carriers from fraudulent, abusive or unlawful use of or subscription to, such services, (4) to a governmental entity, if the telephone company reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information, or (5) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under Section 227 of the Victims of Child Abuse Act of 1990.

4098 20 of 26 Raised Bill No.847 agents (1) as otherwise authorized by law, (2) with the lawful consent of the customer, (3) as may be necessarily incident to the rendition of the service, including, but not limited to, initiating, rendering, billing and collecting customer charges, or to the protection of the rights or property of the telephone company, or to protect the customer of those services and other carriers from fraudulent, abusive or unlawful use of or subscription to, such services, (4) to a governmental entity, if the telephone company reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information, or (5) to the National Center for Missing and Exploited Children, in connection with a report submitted thereto under Section 227 of the Victims of Child Abuse Act of 1990.

(f)LCO The{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-008420 provisions of this25 sectionR01-SB.docx shall} notSubstitute applyBill toNo. a telephone company and its agents or representatives who act reasonably and in good faith pursuant to this section.] [(g)] (b) Each telephone company that maintains telephone records of a resident of this state shall establish reasonable procedures to protect against unauthorized or fraudulent disclosure of such records which could result in substantial harm or inconvenience to any customer.

847 (f) The provisions of this section shall not apply to a telephone company and its agents or representatives who act reasonably and in good faith pursuant to this section.] [(g)] (b) Each telephone company that maintains telephone records of a resident of this state shall establish reasonable procedures to protect against unauthorized or fraudulent disclosure of such records which could result in substantial harm or inconvenience to any customer.

(1) Involving a LCOsingle No.telephone record of a resident of this state shall be a class C misdemeanor, (2) involving two to not more than ten telephone records of a resident of this state shall be a class B misdemeanor, and (3) involving more than ten telephone records of a resident of this state shall be a class A misdemeanor.

4098 21 of 26 Raised Bill No.847 single telephone record of a resident of this state shall be a class C misdemeanor, (2) involving two to not more than ten telephone records of a resident of this state shall be a class B misdemeanor, and (3) involving more than ten telephone records of a resident of this state shall be a class A misdemeanor.

Sec.LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0021 of 25 R01-SB.docx } Substitute Bill No.

847 Sec.

(2) "Telemarketer" means any individual who, by telephone, initiates the sale of telecommunications services for a LCOtelecommunications No.company;

4098 22 of 26 Raised Bill No.847 telecommunications company;

(2) the telemarketer shall state that only the customer may authorize a change inLCO service;{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00822 of 25 R01-SB.docx } Substitute Bill No.

847 in service;

LCO(d) No.(1) A telecommunications company or its affiliate or authorized representative using telemarketing to initiate the sale of telecommunications services shall (A) prior to submitting a change in primary, local or intrastate interexchange carriers, obtain verbal authorization confirmed by an independent third party or written authorization of such change from the customer, and (B) not more than four business days after obtaining notification or confirmation that the change in carrier has been made, send by first class mail to the customer notification that the customer's primary, local or intrastate interexchange carrier has been changed, along with a postpaid postcard or toll-free number which the customer can use to deny authorization for the change order.

4098 23 of 26 Raised Bill No.847 (d) (1) A telecommunications company or its affiliate or authorized representative using telemarketing to initiate the sale of telecommunications services shall (A) prior to submitting a change in primary, local or intrastate interexchange carriers, obtain verbal authorization confirmed by an independent third party or written authorization of such change from the customer, and (B) not more than four business days after obtaining notification or confirmation that the change in carrier has been made, send by first class mail to the customer notification that the customer's primary, local or intrastate interexchange carrier has been changed, along with a postpaid postcard or toll-free number which the customer can use to deny authorization for the change order.

and (iii) pay the previous carrier an amount equal to all expenses assessed by the local exchange company for switching the customer's primary, local or intrastateLCO interexchange{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00823 service.of 25 R01-SB.docx } Substitute Bill No.

847 intrastate interexchange service.

(f) A telecommunications company, or its affiliate or authorized LCOrepresentative No.using telemarketing to initiate the sale of telecommunications services, which the authority determines, after notice and opportunity for a hearing as provided in section 16-41, has failed to comply with the provisions of this section or section 16-256j shall pay to the state a civil penalty of not more than ten thousand dollars per violation.] Sec.

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847 representative using telemarketing to initiate the sale of telecommunications services, which the authority determines, after notice and opportunity for a hearing as provided in section 16-41, has failed to comply with the provisions of this section or section 16-256j shall pay to the state a civil penalty of not more than ten thousand dollars per violation.] Sec.

(Effective October 1, 2019) ThisLCO act{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-0084724 shallof take25 effectR01-SB.docx as} followsSubstitute andBill shallNo. amend the following sections:

847 This act shall take effect as follows and shall amend the following sections:

4 October 1, 2019 16-19e(f) October 1, 2019 Sec.

5 October 1, 2019 16-19j(b) Sec.

8 October 1, 2019 16-247b LCOSec. No.

40989 25October of1, 262019 Raised16-247c(c) BillSec. No.

847 October 1, 2019 Sec.

9 16-247c(c) Sec.

17 October 1, 2019 Repealer section Statement of Purpose:Legislative Commissioners:

ToIn makeSection changes7(b), the reference to statutessection regarding16-247o thewas regulationstruck for accuracy as such section of voicethe servicegeneral providers.statutes is repealed.

[ProposedET deletionsJoint areFavorable enclosedSubst. in brackets.

Proposed-LCO additionsLCO are{\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00847- indicated25 by underline, not underlined.] the entire text of a25 billR01-SB.docx or} resolution or a section of a bill or resolution is new, it is LCO No.

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