H.B. 115 Enrolled

TELECOMMUNICATIONS AMENDMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Martin R. Stephens
AN ACT RELATING TO PUBLIC UTILITIES; ENACTING PROVISIONS FOR THE
ENFORCEMENT OF INTERCONNECTION SERVICE QUALITY STANDARDS AND
INTERCONNECTION AGREEMENTS.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
54-8b-16, Utah Code Annotated 1953
54-8b-17, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 54-8b-16 is enacted to read:
54-8b-16. Public Service Commission authority to enforce interconnection service
quality standards and interconnection agreements -- Grounds for filing complaint.
(1) For purposes of this section, "interconnection service quality standards" means
specific, measurable criteria that shall be applied to a telecommunications corporation, including
obligations pursuant to Section 251 of the Federal Telecommunications Act, regarding the
telecommunications corporation's provision of or request for:
(a) interconnection services;
(b) services for resale;
(c) unbundled network elements; and
(d) access to operations support systems that support those services and elements.
(2) To serve the public interest and to enable the development and growth of competition
within the telecommunications market in the state, the commission shall, by order when considered
necessary by the commission, enforce:
(a) rules regarding interconnection service quality standards adopted by the commission
under authority of this chapter;
(b) a commission approved interconnection agreement pursuant to Sections 251 and 252

of the Federal Telecommunications Act; and
(c) a statement of generally available terms under Section 252(f) of the Federal
Telecommunications Act.
(3) An aggrieved party may file a complaint under Subsection 54-8b-2.2(1)(e) with the
commission for a violation of:
(a) the terms of the commission's interconnection service quality rules;
(b) the terms or conditions of an interconnection agreement;
(c) a statement of generally available terms; or
(d) a telecommunications corporations' obligations under the Federal Telecommunications
Act.
(4) In a proceeding described in Subsection (3), the commission shall have the power to
enforce:
(a) the terms of the interconnection agreement;
(b) the commission's interconnection service quality rules;
(c) the statement of generally available terms; or
(d) the telecommunications corporation's obligations pursuant to the Federal
Telecommunications Act.
Section 2. Section 54-8b-17 is enacted to read:
54-8b-17. Procedures for enforcement of interconnection service quality -- Penalties
for violation -- Funds collected.
(1) Proceedings under Subsection 54-8b-2.2(1)(e) shall be conducted in accordance with the
following procedure:
(a) The complaint shall be served upon the defendant telecommunications corporation and
filed with the commission. A copy of the complaint shall also be served upon the Division of Public
Utilities.
(b) An answer or other responsive pleading to the complaint shall be filed with the
commission not more than ten days after receipt of service of the complaint. Copies of the answer
or responsive pleading shall be served on the complainant and the Division of Public Utilities.

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(c) A prehearing conference shall be held not later than ten days after the complaint is filed.
(d) (i) The commission shall commence a hearing on the complaint not later than 25 days
after the complaint is filed, unless the commission finds that extraordinary conditions exist that
warrant postponing the hearing date, in which case the commission shall commence the hearing as
soon as practicable.
(ii) Parties shall be entitled to present evidence as provided by the commission's rules.
(e) The commission shall take final action on a complaint not more than 45 days after the
complaint is filed unless:
(i) the commission finds that extraordinary conditions exist that warrant extending final
action, in which case the commission shall take final action as soon as practicable; or
(ii) the parties agree to an extension of final action by the commission.
(2) The commission shall have the enforcement powers listed in Subsection (3) if, in the
proceeding, the commission finds that:
(a) the telecommunications corporation has violated the terms of the commission's
interconnection service quality rules;
(b) the telecommunications corporation has breached its obligations under the provisions
of the Federal Telecommunications Act;
(c) either party to an approved interconnection agreement has violated the terms of the
agreement; or
(d) either party has violated the terms of a statement of generally available terms.
(3) If the commission makes any of the findings described in Subsection (2), the commission
shall:
(a) order the telecommunications corporation to:
(i) remedy the violation; and
(ii) comply, as applicable, with the terms of the commission's interconnection service quality
rules, the interconnection agreement, or statement of generally available terms;
(b) if considered appropriate by the commission, prescribe the specific actions that the
telecommunications corporation must take to remedy its violation, including a time frame for

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compliance and the submission of a plan to prevent future violations;
(c) if considered appropriate by the commission, impose a penalty on the defendant
telecommunications corporation subject to the following:
(i) if the violation is of the duties imposed under Section 54-8b-2.2 or 54-8b-16, the
commission may impose a penalty for such violation as provided in Section 54-7-25; or
(ii) if the violating telecommunications corporation is other than an incumbent telephone
corporation with fewer than 50,000 access lines in this state, and the violation is of a duty imposed
under an interconnection agreement, a statement of generally available terms, or the obligations of
Section 251 of the Federal Telecommunications Act, the commission may impose a penalty subject
to the following:
(A) if the commission finds that the violation was willful or intentional, the penalty may be
in an amount of up to $5,000 per day and the period for which the penalty is levied shall commence
on the date the commission finds the violation to have first occurred through and including the date
the violation is corrected; or
(B) if the commission finds that the violation was not willful or intentional, the penalty may
be in an amount prescribed by Section 54-7-25 and the period for which the penalty is levied shall
commence on the day after the deadline for compliance in the commission's order.
(4) (a) The commission shall have the authority, on its own or at the request of the injured
telecommunications corporation, to investigate a party's compliance with the commission's order
under Subsection (3)(c)(ii).
(b) If corrective or remedial action acceptable to the commission is not completed:
(i) 45 days after the deadline set by the commission, the commission may increase the
penalty up to $10,000 per violation per day for a willful or intentional violation; or
(ii) 90 days after the deadline set by the commission, the commission may increase the
penalty up to $4,000 per violation per day for a violation that is not willful or intentional.
(5) (a) The penalty under Subsection (3)(c) shall be in addition to, and not in lieu of, civil
damages or other remedies that may be available to the injured party.
(b) In determining the amount of the penalty or the amount agreed to in compromise, the

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commission shall consider:
(i) the appropriateness of the penalty to the size of the violating party;
(ii) the gravity of the violation;
(iii) the good faith of the defendant telecommunications corporation in attempting to achieve
compliance after notification of the violation;
(iv) the impact of the violation to the establishment of competition; and
(v) the actual economic harm incurred by the plaintiff telecommunications corporation.
(c) Each day of a continuing violation or a failure to comply is a separate offense for
purposes of levying a penalty under this section.
(6) All funds collected under this section shall go into the Universal Public
Telecommunications Service Support Fund established under Section 54-8b-15, and shall be in
addition to any contributions required of a telecommunications corporation under that section.

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