First Substitute H.B. 140

Representative Kevin S. Garn proposes the following substitute bill:

1 COMPETITION IN TELECOMMUNICATIONS INDUSTRY
2 LEGISLATIVE TASK FORCE
3 2002 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Kevin S. Garn
6 This act establishes a legislative task force to study whether competition in the
7 telecommunications industry has met the purposes of Utah's Telecommunications Act of
8 1995 and the Federal Telecommunications Act of 1996. The act establishes task force
9 membership, duties, and salaries and designates staff for the task force. The act requires the
10 task force to prepare a report. The act makes a one-time appropriation of $29,500 from the
11 General Fund for fiscal year 2001-2002 to pay for task force expenses. The act provides a
12 repeal date.
13 This act enacts uncodified material.
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Competition in Telecommunications Industry Task Force Task Force --
16 Creation -- Membership -- Interim rules followed -- Compensation -- Staff.
17 (1) There is created the Competition in Telecommunications Industry Task Force
18 consisting of the following 12 members:
19 (a) five members of the Senate appointed by the president of the Senate, no more than
20 three of whom may be from the same political party; and
21 (b) seven members of the House of Representatives appointed by the speaker of the House
22 of Representatives, no more than four of whom may be from the same political party.
23 (2) (a) The president of the Senate shall designate a member of the Senate appointed under
24 Subsection (1)(a) as a cochair of the task force.
25 (b) The speaker of the House of Representatives shall designate a member of the House

26 of Representatives appointed under Subsection (1)(b) as a cochair of the task force.
27 (3) In conducting its business, the task force shall comply with the rules of legislative
28 interim committees.
29 (4) The task force shall meet no less frequently than once a month between April and
30 November, 2002.
31 (5) Salaries and expenses of the members of the task force shall be paid in accordance with
32 Section 36-2-2 and Legislative Joint Rule 15.03.
33 (6) The Office of Legislative Research and General Counsel shall provide staff support to
34 the committee.
35 Section 2. Duties -- Interim report.
36 (1) The task force shall review and make recommendations on whether the stated
37 incentives of Utah's Telecommunications Act of 1995 and the Federal Telecommunications Act
38 of 1996 have produced measurable and qualitative results in terms of:
39 (a) attracting capital to telecommunications providers;
40 (b) increasing consumer choices for services and service providers;
41 (c) updating and installing an advanced telecommunications infrastructure in the state;
42 (d) setting wholesale prices that allow an efficient competitor to compete effectively at the
43 retail level and earn a sustainable profit consistent with the 1995 Act and the Federal Act; and
44 (e) eliminating barriers to competition.
45 (2) In conducting its review and making its recommendations under Subsection (1), the
46 task force shall obtain input from:
47 (a) the regional Bell operating company;
48 (b) competitive local exchange carriers;
49 (c) rural incumbent local exchange carriers;
50 (d) wireless service providers;
51 (e) the Public Service Commission;
52 (f) the Division of Public Utilities;
53 (g) the Committee of Consumer Services;
54 (h) commercial users of telecommunications services; and
55 (i) residential users of telecommunications services.
56 (3) A final report, including any proposed legislation shall be presented to the Public

57 Utilities and Technology Interim Committee before November 30, 2002.
58 Section 3. Appropriation.
59 There is appropriated from the General Fund for fiscal year 2001-2002, a one-time
60 appropriation of:
61 (1) $6,000 to the Senate to pay for the compensation and expenses of senators on the
62 committee;
63 (2) $8,500 to the House of Representatives to pay for the compensation and expenses of
64 representatives on the committee; and
65 (3) $15,000 to the Office of Legislative Research and General Counsel to pay for staffing
66 the committee.
67 Section 4. Repeal date.
68 This act is repealed November 20, 2002.