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H.B. 216 Enrolled
8 LONG TITLE
9 General Description:
10 This bill amends certain telecommunication pricing flexibility provisions.
11 Highlighted Provisions:
12 This bill:
13 . amends certain telecommunication pricing flexibility provisions; and
14 . makes technical corrections.
15 Monies Appropriated in this Bill:
17 Other Special Clauses:
19 Utah Code Sections Affected:
21 54-8b-2.3, as last amended by Laws of Utah 2005, Chapter 5
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 54-8b-2.3 is amended to read:
25 54-8b-2.3. Pricing flexibility.
26 (1) (a) A telecommunications corporation that obtains a certificate to compete with the
27 incumbent telephone corporation in a defined geographic area pursuant to Section 54-8b-2.1
28 may price any public telecommunications services it is authorized to offer, or any new public
29 telecommunications service, by means of a price list or competitive contract.
30 (b) Before the telecommunications corporation begins providing any authorized public
31 telecommunications service, it shall notify the commission of:
32 (i) its intent to begin providing the service; and
33 (ii) the defined geographic area in which it will provide the service.
34 (2) (a) Notwithstanding other requirements of this chapter relating to pricing
35 flexibility, beginning on May 2, 2005, an incumbent telephone corporation may offer retail
36 end user public telecommunications services by means of a price list or competitive contract in
37 the same manner as a competing telecommunications corporation as provided in Subsection
39 (i) if the incumbent telephone corporation:
40 (A) is in substantial compliance with rules and orders of the commission issued under
41 Section 54-8b-2.2 ; and
42 (B) has more than 30,000 access lines; and
43 (ii) except as provided in Subsection (2)(b).
44 (b) (i) The incumbent telephone corporation's pricing flexibility shall be the same as a
45 competing telecommunications corporation's pricing flexibility for all public
46 telecommunications services [
47 (ii) The incumbent telephone corporation shall offer basic residential service
48 throughout the area in which the incumbent telephone corporation is authorized by certificate
49 to provide basic residential service.
71 (3) Each price list shall:
72 (a) be filed with the commission:
73 (i) electronically; or
74 (ii) by paper copies only if permitted by commission rule;
75 (b) describe the public telecommunications service;
76 (c) set forth the basic terms and conditions upon which the public telecommunications
77 service is offered; and
78 (d) list the prices to be charged for the public telecommunications service or the basis
79 on which the services will be priced.
80 (4) Prices, terms, and conditions offered under price lists or competitive contracts that
81 are different from tariff prices, terms, and conditions for the same services are not considered
82 discriminatory under Section 54-3-8 and Subsection 54-8b-3.3 (2).
83 (5) A price list filed with the commission under this section shall take effect five days
84 after it is filed with the commission.
85 (6) (a) Except as provided in Subsection (6)(b), the prices, terms, and conditions of a
86 public telecommunications service offered by a telecommunications corporation pursuant to a
87 competitive contract with a retail customer need not be filed with the commission.
88 (b) Notwithstanding Subsection (6)(a), a copy of a competitive contract shall be
89 provided to the commission or division of public utilities if the commission or division of
90 public utilities, pursuant to general investigatory powers, requests a copy of the competitive
92 (7) (a) Subject to Subsection (7)(b), the commission may, as determined necessary to
93 protect the public interest, set an upper limit on the price that may be charged by
94 telecommunications corporations for public telecommunications services that may be priced
95 by means of a price list or competitive contract in a defined geographic area.
96 (b) The upper limit on price imposed under Subsection (7)(a) shall be applied to all
97 telecommunications corporations holding a certificate to provide the public
98 telecommunications services in the defined geographic area in a competitively neutral manner.
99 (8) (a) The commission may revoke the authority of a telecommunications corporation
100 to offer a public telecommunications service pursuant to a price list or competitive contract or
101 the commission may adopt conditions or restrictions on the telecommunications corporation's
102 pricing flexibility if the commission finds:
103 (i) (A) the telecommunications corporation has materially violated statutes or rules
104 applicable to the specific service;
105 (B) there has been or there is an imminent threat of a material and substantial
106 diminution in the level of competition; or
107 (C) competition has not developed; and
108 (ii) revocation or conditions or restrictions on the telecommunications corporation's
109 pricing flexibility is in the public interest.
110 (b) The party asserting that revocation or conditions or restrictions on the
111 telecommunications corporation's pricing flexibility should be imposed shall bear the burden
112 of proof.
113 (9) The commission shall establish rules or procedures to protect confidential,
114 proprietary, and competitively sensitive information provided to the commission or the
115 division pursuant to this section.
116 (10) (a) An incumbent telephone corporation serving fewer than 30,000 access lines in
117 the state may petition the commission to be regulated under price regulation rather than
118 traditional rate of return regulation.
119 (b) In implementing price regulation for an incumbent telephone corporation serving
120 fewer than 30,000 access lines, the commission may modify the requirements of any provision
121 of this section if necessary to the individual circumstances of the incumbent telephone
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