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General Assembly Substitute Bill No. 847
January Session, 2019
AN ACT CONCERNING TH E REGULATION OF VOICE SERVICE
PROVIDERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 16-18a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2019): 3
(a) In the performance of their duties the Public Utilities Regulatory 4
Authority and the Office of Consumer Counsel may retain consultants 5
to assist their staffs in proceedings before the authority by providing 6
expertise in areas in which staff expertise does not currently exist or 7
when necessary to supplement existing staff expertise. In any case 8
where the authority or Office of Consumer Counsel determines that 9
the services of a consultant are necessary or desirable, the authority 10
shall (1) allow opportunity for the parties and participants to the 11
proceeding for which the services of a consultant are being considered 12
to comment regarding the necessity or desirability of such services, (2) 13
upon the request of a party or participant to the proceeding for which 14
the services of a consultant are being considered, hold a hearing, and 15
(3) limit the reasonable and proper expenses for such services to not 16
more than two hundred thousand dollars for each agency per 17
proceeding involving a public service company, telecommunications 18
company, electric supplier or person seeking certification to provide 19
telecommunications services pursuant to chapter 283, with more than 20 Substitute Bill No. 847
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fifteen thousand customers, and to not more than fifty thousand 21
dollars for each agency per proceeding involving such a company, 22
electric supplier or person with less than fifteen thousand customers, 23
provided the authority or the Office of Consumer Counsel may exceed 24
such limits for good cause. In the case of multiple proceedings 25
conducted to implement the provisions of this section and sections 26
16-1, 16-19, as amended by this act, 16-19e, as amended by this act, 27
16-22, 16-247a to 16-247c, inclusive, as amended by this act, 16-247e to 28
16-247h, inclusive, [16-247k] and subsection (e) of section 16-331, the 29
authority or the Office of Consumer Counsel may exceed such limits, 30
but the total amount for all such proceedings shall not exceed the 31
aggregate amount which would be available pursuant to this section. 32
All reasonable and proper expenses, as defined in subdivision (3) of 33
this section, shall be borne by the affected company, electric supplier 34
or person and shall be paid by such company, electric supplier or 35
person at such times and in such manner as the authority or the Office 36
of Consumer Counsel directs. All reasonable and proper costs and 37
expenses, as defined in subdivision (3) of this section, shall be 38
recognized by the authority for all purposes as proper business 39
expenses of the affected company, electric supplier or person. The 40
providers of consultant services shall be selected by the authority or 41
the Office of Consumer Counsel and shall submit written findings and 42
recommendations to the authority or the Office of Consumer Counsel, 43
as the case may be, which shall be made part of the public record. 44
Sec. 2. Subsection (h) of section 16-19 of the general statutes is 45
repealed and the following is substituted in lieu thereof (Effective 46
October 1, 2019): 47
(h) The provisions of this section shall not apply to [the regulation 48
of a] telecommunications service. [which is a competitive service, as 49
defined in section 16-247a, or to a telecommunications service to which 50
an approved plan for an alternative form of regulation applies, 51
pursuant to section 16-247k.] 52
Sec. 3. Section 16-19d of the general statutes is repealed and the 53 Substitute Bill No. 847
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following is substituted in lieu thereof (Effective October 1, 2019): 54
(a) As used in this section: 55
(1) "Advertising" means the commercial use of any media including, 56
but not limited to, newspaper and all other forms of print, radio and 57
television, in order to transmit a message to a substantial number of 58
members of the public or customers of a public service company; 59
(2) "Political advertising" means any advertising for the purpose of 60
influencing public opinion with respect to any legislative, 61
administrative or electoral decision or with respect to any controversial 62
issue of public importance; 63
(3) "Institutional advertising" means any advertising which is 64
designed to create, enhance or sustain a public service company's 65
image or good will with regard to the general public or its customers; 66
(4) "Promotional advertising" means any advertising that has the 67
purpose of inducing the public to select or use the service or additional 68
service of a public service company or select or install any appliance or 69
equipment designed to use such service, provided such advertising 70
shall not include advertising authorized by order or regulation of the 71
Public Utilities Regulatory Authority. 72
(b) The cost of political, institutional or promotional advertising of 73
any gas company or electric distribution company [and the cost of 74
political or institutional advertising of any telephone company] shall 75
not be deemed to be an operating expense in any rate schedule 76
proceedings held pursuant to section 16-19, as amended by this act. 77
For the purposes of this section, political, institutional or promotional 78
advertising shall not be deemed to include reasonable expenditures for 79
(1) the publication or distribution of existing or proposed tariffs or rate 80
schedules; (2) notices required by law or regulation; (3) public 81
information regarding service interruptions, safety measures, 82
emergency conditions, employment opportunities or the means by 83
which customers can conserve energy or make effic ient and 84 Substitute Bill No. 847
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economical use of service; (4) the promotion or marketing of efficient 85
gas and electric equipment which the Public Utilities Regulatory 86
Authority determines: (A) Is consistent with the state's energy policy; 87
(B) is consistent with integrated resource planning principles; (C) 88
provides net economic benefit to such company's customers; and (D) 89
shall not have the primary purpose of promoting one fuel over 90
another; or (5) advertising by a gas company that is necessary as a 91
result of competition created by actions and decisions of the Federal 92
Energy Regulatory Commission and the Public Utilities Regulatory 93
Authority. Such advertising shall be limited to the express purpose of 94
promoting gas companies in competition with other providers and 95
marketers of natural gas. Such advertising shall not include any 96
promotions, cash, equipment, installation or service subsidies for the 97
conversion to natural gas from any other energy source. 98
(c) A public service company shall make application to the authority 99
for determination that equipment meets the requirements of 100
subdivision (4) of subsection (b) of this section. The authority shall, to 101
the extent practicable, make such determination within one hundred 102
twenty days of such filing. All reasonable and proper expenses, 103
required by the authority and the Office of Consumer Counsel, 104
including, but not limited to, the costs associated with analysis, testing, 105
evaluation and testimony at a public hearing or other proceeding, shall 106
be borne by the company and shall be paid by the company at such 107
times and in such manner as the authority directs. 108
(d) The authority shall not allocate any expenditures made by a gas 109
company pursuant to subdivision (5) of subsection (b) of this section to 110
residential customers in any rate schedule proceedings held pursuant 111
to section 16-19, as amended by this act, unless the authority finds that 112
effective competition in the residential gas market already exists. 113
(e) The authority shall adopt regulations to carry out the purposes 114
of subsections (a) and (b) of this section. 115
(f) Each gas or electric distribution company shall conspicuously 116 Substitute Bill No. 847
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indicate in all of its advertising whether the costs of the advertising are 117
being paid for by the company's shareholders, its customers or both. 118
(g) The provisions of this section shall not apply to a 119
telecommunications company or a telephone company. 120
Sec. 4. Subsection (f) of section 16-19e of the general statutes is 121
repealed and the following is substituted in lieu thereof (Effective 122
October 1, 2019): 123
(f) The provisions of this section shall not apply to the regulation of 124
a telecommunications service which is a competitive service, as 125
defined in section 16-247a, as amended by this act, or to a 126
telecommunications service to which an approved plan for an 127
alternative form of regulation applies. [, pursuant to section 16-247k.] 128
Sec. 5. Subsection (b) of section 16-19j of the general statutes is 129
repealed and the following is substituted in lieu thereof (Effective 130
October 1, 2019): 131
(b) Notwithstanding subsection (a) of this section, the authority 132
shall require a portion of the staff to be made a party to proceedings 133
relating to (1) a rate amendment proposed pursuant to section 16-19, as 134
amended by this act, by a public service company having more than 135
seventy-five thousand customers, (2) the approval of performance-136
based incentives pursuant to subsection (b) of section 16-19a, or (3) the 137
approval of any alternative form of regulation, [pursuant to section 16-138
247k,] provided the authority shall not require a portion of the staff to 139
be made a party to any proceeding described in this subsection if the 140
authority issues a notice of its intent not to do so in writing. The notice 141
shall include the reasons for not requiring a portion of the staff to be 142
made a party. Upon petition of any party so noticed, the authority 143
shall require a portion of the staff to be made a party. 144
Sec. 6. Subsection (a) of section 16-41 of the general statutes is 145
repealed and the following is substituted in lieu thereof (Effective 146
October 1, 2019): 147 Substitute Bill No. 847
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(a) Each (1) public service company and its officers, agents and 148
employees, (2) electric supplier or person providing electric generation 149
services without a license in violation of section 16-245, and its officers, 150
agents and employees, (3) certified telecommunications provider or 151
person providing telecommunications services without authorization 152
pursuant to sections 16-247f to 16-247h, inclusive, as amended by this 153
act, and its officers, agents and employees, (4) person, public agency or 154
public utility, as such terms are defined in section 16-345, subject to the 155
requirements of chapter 293, (5) person subject to the registration 156
requirements under section 16-258a, (6) cellular mobile telephone 157
carrier, as described in section 16-250b, (7) Connecticut electric 158
efficiency partner, as defined in section 16-243v, (8) company, as 159
defined in section 16-49, and (9) entity approved to submeter pursuant 160
to section 16-19ff shall obey, observe and comply with all applicable 161
provisions of this title and each applicable order made or applicable 162
regulations adopted by the Public Utilities Regulatory Authority by 163
virtue of this title as long as the same remains in force. Any such 164
company, electric supplier, certified telecommunications provider, 165
cellular mobile telephone carrier, Connecticut electric efficiency 166
partner, entity approved to submeter, person, any officer, agent or 167
employee thereof, public agency or public utility which the authority 168
finds has failed to obey or comply with any such provision of this title, 169
order or regulation shall be fined by order of the authority in 170
accordance with the penalty prescribed for the violated provision of 171
this title or, if no penalty is prescribed, not more than ten thousand 172
dollars for each offense, except that the penalty shall be a fine of not 173
more than forty thousand dollars for failure to comply with an order of 174
the authority made in accordance with the provisions of section 16-19, 175
[or 16-247k] as amended by this act, or within thirty days of such order 176
or within any specific time period for compliance specified in such 177
order. Each distinct violation of any such provision of this title, order 178
or regulation shall be a separate offense and, in case of a continued 179
violation, each day thereof shall be deemed a separate offense. Each 180
such penalty and any interest charged pursuant to subsection (g) or (h) 181
of section 16-49 shall be excluded from operating expenses for 182 Substitute Bill No. 847
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purposes of rate-making. 183
Sec. 7. Section 16-247a of the general statutes is repealed and the 184
following is substituted in lieu thereof (Effective October 1, 2019): 185
(a) Due to the following: Affordable, high quality 186
telecommunications services that meet the needs of individuals and 187
businesses in the state are necessary and vital to the welfare and 188
development of our society; the efficient provision of modern 189
telecommunications services by multiple providers will promote 190
economic development in the state; expanded employment 191
opportunities for residents of the state in the provision of 192
telecommunications services benefit the society and economy of the 193
state; and advanced telecommunications services enhance the delivery 194
of services by public and not-for-profit institutions, it is, therefore, the 195
goal of the state to (1) ensure the universal availability and accessibility 196
of high quality, affordable telecommunications services to all residents 197
and businesses in the state, (2) promote the development of effective 198
competition as a means of providing customers with the widest 199
possible choice of services, (3) utilize forms of regulation 200
commensurate with the level of competition in the relevant 201
telecommunications service market, (4) facilitate the efficient 202
development and deployment of an advanced telecommunications 203
infrastructure, including open networks with maximum 204
interoperability and interconnectivity, (5) encourage shared use of 205
existing facilities and cooperative development of new facilities where 206
legally possible, and technically and economically feasible, and (6) 207
ensure that providers of telecommunications services in the state 208
provide high quality customer service and high quality technical 209
service. The authority shall implement the provisions of this section, 210
sections 16-1, 16-18a, as amended by this act, 16-19, as amended by this 211
act, 16-19e, as amended by this act, 16-22, 16-247b, as amended by this 212
act, 16-247c, as amended by this act, 16-247e to 16-247h, inclusive, [and 213
16-247k] and subsection (e) of section 16-331 in accordance with these 214
goals. 215 Substitute Bill No. 847
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(b) As used in sections 16-247a to 16-247c, inclusive, as amended by 216
this act, 16-247e to 16-247h, inclusive, [16-247k,] and sections 16-247m 217
to 16-247r, inclusive: 218
(1) "Affiliate" means a person, firm or corporation which, with 219
another person, firm or corporation, is under the common control of 220
the same parent firm or corporation. 221
(2) "Competitive service" means (A) a telecommunications service 222
deemed competitive in accordance with the provisions of section 16-223
247f, as amended by this act, (B) a telecommunications service 224
reclassified by the authority as competitive in accordance with the 225
provisions of section 16-247f, as amended by this act, or (C) a new 226
telecommunications service provided under a competitive service 227
tariff accepted by the authority, in accordance with the provisions of 228
section 16-247f, as amended by this act, provided the authority has not 229
subsequently reclassified the service set forth in subparagraph (A), (B) 230
or (C) of this subdivision as noncompetitive pursuant to section 16-231
247f, as amended by this act. 232
(3) "Emerging competitive service" means (A) a telecommunications 233
service reclassified as emerging competitive in accordance with the 234
provisions of section 16-247f, as amended by this act, or (B) a new 235
telecommunications service provided under an emerging competitive 236
service tariff accepted by the authority, in accordance with the 237
provisions of section 16-247f, as amended by this act, or of a plan for 238
an alternative form of regulation approved, [pursuant to section 16-239
247k,] provided the authority has not subsequently reclassified the 240
service set forth in subparagraph (A) or (B) of this subdivision as 241
competitive or noncompetitive pursuant to section 16-247f, as 242
amended by this act. 243
(4) "Noncompetitive service" means (A) a telecommunications 244
service deemed noncompetitive in accordance with the provisions of 245
section 16-247f, as amended by this act, (B) a telecommunications 246
service reclassified by the authority as noncompetitive in accordance 247 Substitute Bill No. 847
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with the provisions of section 16-247f, as amended by this act, or (C) a 248
new telecommunications service provided under a noncompetitive 249
service tariff accepted by the authority, in accordance with the 250
provisions of section 16-19, as amended by this act, and any applicable 251
regulations, or of a plan for an alternative form of regulation 252
approved, [pursuant to section 16-247k,] provided the authority has 253
not subsequently reclassified the service set forth in subparagraph (A), 254
(B) or (C) of this subdivision as competitive or emerging competitive 255
pursuant to section 16-247f, as amended by this act. 256
(5) "Private telecommunications service" means any 257
telecommunications service which is not provided for public hire as a 258
common carrier service and is utilized solely for the 259
telecommunications needs of the person that controls such service and 260
any subsidiary or affiliate thereof, except for telecommunications 261
service which enables two entities other than such person, subsidiary 262
or affiliate to communicate with each other. 263
(6) "Telecommunications service" means any transmission in one or 264
more geographic areas (A) between or among points specified by the 265
user, (B) of information of the user's choosing, (C) without change in 266
the form or content of the information as sent and received, (D) by 267
means of electromagnetic transmission, including but not limited to, 268
fiber optics, microwave and satellite, (E) with or without benefit of any 269
closed transmission medium, and (F) including all instrumentalities, 270
facilities, apparatus and services, except customer premises 271
equipment, which are used for the collection, storage, forwarding, 272
switching and delivery of such information and are essential to the 273
transmission. 274
(7) "Network elements" means "network elements", as defined in 47 275
USC 153(a)(29). 276
Sec. 8. Section 16-247b of the general statutes is repealed and the 277
following is substituted in lieu thereof (Effective October 1, 2019): 278 Substitute Bill No. 847
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[(a) On petition or its own motion, the authority shall initiate a 279
proceeding to unbundle a telephone company's network, services and 280
functions that are used to provide telecommunications services and 281
which the authority determines, after notice and hearing, are in the 282
public interest, are consistent with federal law and are technically 283
feasible of being tariffed and offered separately or in combinations. 284
Any telecommunications services, functions and unbundled network 285
elements and any combination thereof shall be offered under tariff at 286
rates, terms and conditions that do not unreasonably discriminate 287
among actual and potential users and actual and potential providers of 288
such local network services. 289
(b) Each telephone company shall provide reasonable 290
nondiscriminatory access and pricing to all telecommunications 291
services, functions and unbundled network elements and any 292
combination thereof necessary to provide telecommunications services 293
to customers. The authority shall determine the rates that a telephone 294
company charges for telecommunications services, functions and 295
unbundled network elements and any combination thereof, that are 296
necessary for the provision of telecommunications services.] The rates 297
for interconnection and a telephone company's unbundled network 298
elements and any combination thereof shall be [based on their 299
respective forward looking long-run incremental costs, and shall be] 300
consistent with the provisions of 47 USC 252(d) and any applicable 301
decisions issued by the authority on or before June 30, 2019. Nothing in 302
this section shall be construed to limit the authority's jurisdiction 303
pursuant to 47 USC 251 and 47 USC 252, as amended from time to 304
time. 305
[(c) (1) The rate that a telephone company charges for a competitive 306
or emerging competitive telecommunications service shall not be less 307
than the sum of (A) the rate charged to another telecommunications 308
company for a noncompetitive or emerging competitive local network 309
service function used by that company to provide a competing 310
telecommunications service, and (B) the applicable incremental costs of 311 Substitute Bill No. 847
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the telephone company. 312
(2) On and after the date the authority certifies a telephone 313
company's operations support systems interface pursuant to section 314
16-247n, the authority shall, upon petition, conduct a contested case 315
proceeding to consider whether modification or removal of the pricing 316
standard set forth in subdivision (1) of this subsection for a 317
telecommunications service deemed competitive pursuant to section 318
16-247f is appropriate. Notwithstanding the provisions of subdivision 319
(1) of this subsection, if the authority determines that such a 320
modification or removal is appropriate and is consistent with the goals 321
set forth in section 16-247a, the authority shall so modify or remove 322
said pricing standard for such telecommunications service. 323
(3) Prior to the date that the authority certifies a telephone 324
company's operations support systems interface pursuant to section 325
16-247n, the authority may, upon petition, conduct a contested case 326
proceeding to consider whether modification or removal of the pricing 327
standard set forth in subdivision (1) of this subsection for a 328
telecommunications service deemed competitive pursuant to section 329
16-247f is appropriate. Any petition filed pursuant to this subdivision 330
shall specify the geographic area in which the applicant proposes to 331
modify or remove such pricing standard. Notwithstanding the 332
provisions of subdivision (1) of this subsection, if the authority 333
determines that such modification or removal is appropriate, is 334
consistent with the goals set forth in section 16-247a and facilities-335
based competition exists in the relevant geographic area, the authority 336
shall so modify or remove said pricing standard for such 337
telecommunications service. In determining whether facilities-based 338
competition exists in the relevant geographic area, the authority shall 339
consider: 340
(A) The number, size and geographic distribution of other providers 341
of service; 342
(B) The availability of functionally equivalent services in the 343 Substitute Bill No. 847
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relevant geographic area at competitive rates, terms and conditions; 344
(C) The financial viability of each company providing functionally 345
equivalent services in the relevant geographic market; 346
(D) The existence of barriers to entry into, or exit from, the relevant 347
geographic market; 348
(E) Other indicators of market power that the authority deems 349
relevant, which may include, but not be limited to, market penetration 350
and the extent to which the applicant can sustain the price for the 351
service above the cost to the company of providing the service in the 352
relevant geographic area; 353
(F) The extent to which other telecommunications companies must 354
rely upon the noncompetitive services of the applicant to provide their 355
telecommunications services and carrier access rates charged by the 356
applicant; 357
(G) Other factors that may affect competition; and 358
(H) Other factors that may affect the public interest. 359
(d) A telephone company shall not use the revenues, expenses, 360
costs, assets, liabilities or other resources derived from or associated 361
with providing a noncompetitive service to subsidize the provision of 362
competitive, emerging competitive or unregulated telecommunications 363
services by such telephone company or any affiliate that is a certified 364
telecommunications provider.] 365
Sec. 9. Subsection (c) of section 16-247c of the general statutes is 366
repealed and the following is substituted in lieu thereof (Effective 367
October 1, 2019): 368
(c) The authority shall not prohibit or restrict the competitive 369
provision of intrastate telecommunications services offered by a 370
certified telecommunications provider unless the authority finds that 371 Substitute Bill No. 847
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the competitive provision of a telecommunications service would be 372
contrary to the goals set forth in section 16-247a, as amended by this 373
act, or would not be in accordance with the provisions of section 374
16-247a, as amended by this act, or 16-247b, as amended by this act, 375
this section [,] or sections 16-247e to 16-247h, inclusive. [, or section 16-376
247k.] 377
Sec. 10. Section 16-247f of the general statutes is repealed and the 378
following is substituted in lieu thereof (Effective October 1, 2019): 379
[(a) The authority shall regulate the provision of 380
telecommunications services in the state in a manner designed to foster 381
competition and protect the public interest. 382
(b) Notwithstanding the provisions of section 16-19, the following 383
telecommunications services shall be deemed competitive services: (1) 384
A telecommunications service offered on or before July 1, 1994, by a 385
certified telecommunications provider and a wide area telephone 386
service, "800" service, centrex service or digital centrex service offered 387
by a telephone company, (2) a telecommunications service offered to 388
business customers by a telephone company, (3) a home office service 389
offered by a telephone company, and (4) a telecommunications service 390
provided by a telephone company to a residential customer who 391
subscribes to two or more telephone company services, including basic 392
local exchange service, any vertical feature or interstate toll provided 393
by a telephone company affiliate. Unless reclassified pursuant to this 394
section, any other service offered by a telephone company on or before 395
July 1, 1994, shall be deemed a noncompetitive service, provided such 396
initial classification shall not be a factual finding that such service is 397
noncompetitive. Notwithstanding subdivision (3) of subsection (c) of 398
section 16-247b, prior to January 1, 2010, a telephone company shall 399
not obtain a waiver from the authority of the pricing standard set forth 400
in subdivision (1) of subsection (c) of section 16-247b for any service 401
reclassified as competitive pursuant to subdivision (2), (3) or (4) of this 402
subsection. 403 Substitute Bill No. 847
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(c) On petition, on its own motion, or in conjunction with a tariff 404
investigation conducted pursuant to subsection (f) of this section, after 405
notice and hearing, and within ninety days of receipt of a petition or its 406
motion or within the time period set forth in subsection (f) of this 407
section, as applicable, the authority may reclassify a 408
telecommunications service as competitive, emerging competitive or 409
noncompetitive, in accordance with the degree of competition which 410
exists for that service in the marketplace, provided (1) a competitive 411
service shall not be reclassified as an emerging competitive service, 412
and (2) the authority may extend the period (A) before the end of the 413
ninety-day period and upon notifying all parties to the proceedings by 414
thirty days, or (B) in accordance with the provisions of subsection (f) of 415
this section, as applicable. 416
(d) In determining whether to reclassify a telecommunications 417
service, the authority shall consider: 418
(1) The number, size and geographic distribution of certified 419
telecommunications providers of the service, provided the authority 420
shall not reclassify any service as competitive if such service is 421
available only from a telephone company or an affiliate of a telephone 422
company that is a certified telecommunications provider; 423
(2) The availability of functionally equivalent services in the 424
relevant geographic area at competitive rates, terms and conditions, 425
including, but not limited to, services offered by certified 426
telecommunications providers, providers of commercial mobile radio 427
services, as defined in 47 CFR 20.3, voice over Internet protocol 428
providers and other services provided by means of alternative 429
technologies; 430
(3) The existence of barriers to entry into, or exit from, the relevant 431
market; 432
(4) Other factors that may affect competition; and 433
(5) Other factors that may affect the public interest. 434 Substitute Bill No. 847
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(e) Except for those tariffs for services offered or provided to 435
business retail end users for which a certified telecommunications 436
provider or a telephone company elects to be exempt from filing or 437
maintaining pursuant to subsection (h) of this section, each certified 438
telecommunications provider and each telephone company shall file 439
with the authority a new or amended tariff for each competitive or 440
emerging competitive intrastate telecommunications service 441
authorized pursuant to section 16-247c. A tariff for a competitive 442
service shall be effective on five days' written notice to the authority. A 443
tariff for an emerging competitive service shall be effective on 444
twenty-one days' written notice to the authority. A tariff filing for a 445
competitive or emerging competitive service shall include (1) rates and 446
charges which may consist of a maximum rate and a minimum rate, (2) 447
applicable terms and conditions, (3) a statement of how the tariff will 448
benefit the public interest, and (4) any additional information required 449
by the authority. A telephone company filing a tariff pursuant to this 450
section shall include in said tariff filing the information set forth in 451
subdivisions (1) to (4), inclusive, of this subsection, a complete 452
explanation of how the company is complying with the provisions of 453
section 16-247b and, in a tariff filing which declares a new service to be 454
competitive or emerging competitive, a statement addressing the 455
considerations set forth in subsection (d) of this section. If the authority 456
approves a tariff which consists of a minimum rate and a maximum 457
rate, the certified telecommunications provider or telephone company 458
may amend its rates upon five days' written notice to the authority and 459
any notice to customers which the authority may require, provided the 460
amended rates are not greater than the approved maximum rate and 461
not less than the approved minimum rate. A promotional offering for a 462
previously approved competitive or emerging competitive tariffed 463
service or a service deemed competitive pursuant to this section shall 464
be effective on three business days' written notice to the authority. 465
(f) On petition or its own motion, the authority may investigate a 466
tariff or any portion of a tariff, which investigation may include a 467
hearing. The authority may suspend a tariff or any portion of a tariff 468 Substitute Bill No. 847
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during such investigation. The investigation may include, but is not 469
limited to, an inquiry to determine whether the tariff is predatory, 470
deceptive, anticompetitive or violates the pricing standard set forth in 471
subdivision (1) of subsection (c) of section 16-247b. Not later than 472
seventy-five days after the effective date of the tariff, unless the party 473
filing the tariff, all statutory parties to the proceeding and the authority 474
agree to a specific extension of time, the authority shall issue its 475
decision, including whether to approve, modify or deny the tariff. If 476
the authority determines that a tariff filed as a new service is, in fact, a 477
reclassification of an existing service, the authority shall review the 478
tariff filing as a petition for reclassification in accordance with the 479
provisions of subsection (c) of this section. 480
(g) The provisions of this section shall not prohibit the authority 481
from ordering different tariff filing procedures or effective dates for an 482
emerging competitive service, pursuant to a plan for an alternative 483
form of regulation of a telephone company approved by the authority 484
in accordance with the provisions of section 16-247k.] 485
[(h)] (a) On and after [July 1, 2016] October 1, 2019, any certified 486
telecommunications provider or telephone company [may, upon 487
written notice to the authority, elect to be exempt from any 488
requirement to file or maintain with the authority any tariff for 489
services offered or provided to business retail end users. A certified 490
telecommunications provider or telephone company that elects to be 491
exempt from the requirement to file or maintain with the authority any 492
tariff for services offered or provided to business retail end users] shall 493
make the rates, terms and conditions for [such] services offered or 494
provided to business retail end users available to business retail end 495
users in a clear and conspicuous manner, that is apparent to the 496
reasonable business retail end user, either (1) in a customer service 497
guide, (2) on such certified telecommunications provider's or 498
telephone company's Internet web site, or (3) in a contract between 499
such business retail end user and such certified telecommunications 500
provider or telephone company. 501 Substitute Bill No. 847
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(b) On and after October 1, 2019, any certified telecommunications 502
provider or telephone company shall make the rates, terms and 503
conditions for services offered or provided to residential end users 504
available to residential end users in a clear and conspicuous manner 505
that is apparent to the reasonable residential end user on such certified 506
telecommunications provider's or telephone company's Internet web 507
site. 508
Sec. 11. Subsection (g) of section 16-247g of the general statutes is 509
repealed and the following is substituted in lieu thereof (Effective 510
October 1, 2019): 511
(g) Notwithstanding any decision of the authority to allow the 512
competitive provision of a telecommunications service or to grant a 513
certificate pursuant to this section, the authority, after holding a 514
hearing with notice to all interested parties and determining that (1) 515
continued competitive provision of a telecommunications service 516
would be contrary to the goals set forth in section 16-247a, as amended 517
by this act, or would not be in accordance with the provisions of 518
sections 16-247a to 16-247c, inclusive, as amended by this act, section 519
16-247e or 16-247f, as amended by this act, this section [,] or section 16-520
247h, [or 16-247k,] (2) a certified telecommunications provider does not 521
have adequate financial resources, managerial ability or technical 522
competency to provide the service, or (3) a certified 523
telecommunications provider has failed to comply with an applicable 524
order made or regulation adopted by the authority, may suspend or 525
revoke the authorization to provide said telecommunications service 526
or take any other action it deems appropriate. In determining whether 527
to suspend or revoke such authorization, the authority shall consider, 528
without limitation, (A) the effect of such suspension or revocation on 529
the customers of the telecommunications service, (B) the technical 530
feasibility of suspending or revoking the authorized usage only on an 531
intrastate basis, and (C) the financial impact of such suspension or 532
revocation on the provider of the telecommunications service. 533
Sec. 12. Subsection (b) of section 16-247s of the general statutes is 534 Substitute Bill No. 847
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repealed and the following is substituted in lieu thereof (Effective 535
October 1, 2019): 536
(b) Each certified telecommunications provider, as defined in 537
section 16-1, that provides local exchange service to customers in the 538
state shall [provide without charge to a telephone company serving 539
more than one hundred thousand customers for directory assistance 540
purposes all listings for its Connecticut customers other than those 541
listings that are nonpublished. Such telephone company, or its agent or 542
affiliate as applicable, shall, in accordance with the terms and 543
conditions set forth in the federal Telecommunications Act of 1996, as 544
from time to time amended, and any applicable order or regulation 545
adopted by the Federal Communications Commission thereunder, 546
including the availability and timing of updates and applicable rates, 547
compile all such listings and all listings for its own Connecticut 548
customers other than those that are nonpublished in a directory 549
assistance database and make all such listings contained in such 550
database available in electronic format to directory assistance 551
providers. If a customer requests a customer listing from a certified 552
telecommunications provider that does not provide directory 553
assistance, such provider shall connect the customer at no charge with 554
an entity that provides directory assistance to the customer. Each such 555
certified telecommunications provider shall indemnify a telephone 556
company for any damages caused by that certified telecommunications 557
provider's negligence in misidentifying a nonpublished customer] 558
comply with the subscriber list terms pursuant to 47 USC 222(e). 559
Sec. 13. Section 16-247u of the general statutes is repealed and the 560
following is substituted in lieu thereof (Effective October 1, 2019): 561
(a) As used in this section: 562
(1) "Telephone record" means information retained by a telephone 563
company that relates to a telephone number dialed by a customer or 564
another person using the customer's telephone with such customer's 565
permission, or the incoming number of a call directed to a customer or 566 Substitute Bill No. 847
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another person using the customer's telephone with such customer's 567
permission, or other data related to such call typically contained on a 568
customer's telephone bill, including, but not limited to, the time the 569
call started and ended, the duration of the call, the time the call was 570
made and any charges applied. A telephone record does not include 571
information collected and retained by or on behalf of a customer 572
utilizing caller identification or similar technology; 573
(2) "Telephone company" means any person that provides 574
commercial telephone services to a customer, irrespective of the 575
communications technology used to provide such service, including, 576
but not limited to, traditional wireline or cable telephone service, 577
cellular, broadband PCS or other wireless telephone service, 578
microwave, satellite or other terrestrial telephone service, and voice 579
over Internet telephone service; 580
(3) "Telephone" means any device used by a person for voice 581
communications, in connection with the services of a telephone 582
company, whether such voice communications are transmitted in 583
analog, data or any other form; 584
(4) "Customer" means the person who subscribes to telephone 585
service from a telephone company or the person in whose name such 586
telephone service is listed. [;] 587
[(5) "Person" means any individual, partnership, corporation, 588
limited liability company, trust, estate, cooperative association or other 589
entity; 590
(6) "Procure" in regard to a telephone record, means to obtain by 591
any means, whether electronically, in writing or in oral form, with or 592
without consideration. 593
(b) No person shall: (1) Knowingly procure, attempt to procure, 594
solicit or conspire with another to procure a telephone record of any 595
resident of this state without the authorization of the customer to 596
whom the record pertains, (2) knowingly sell or attempt to sell a 597 Substitute Bill No. 847
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telephone record of any resident of this state without the authorization 598
of the customer to whom the record pertains, or (3) receive a telephone 599
record of any resident of this state with the knowledge such record has 600
been obtained without the authorization of the customer to whom the 601
record pertains or by fraudulent, deceptive or false means. 602
(c) The provisions of this section shall not apply to any person 603
acting pursuant to a valid court order, warrant or subpoena and shall 604
not be construed to prevent any action by a law enforcement agency, 605
or any officer, employee or agent of such agency, to obtain telephone 606
records in connection with the performance of the official duties of the 607
agency. 608
(d) The provisions of this section shall not be construed to prohibit a 609
telephone company from obtaining, using, disclosing or permitting 610
access to any telephone record, either directly or indirectly through its 611
agents (1) as otherwise authorized by law, (2) with the lawful consent 612
of the customer, (3) as may be necessarily incident to the rendition of 613
the service, including, but not limited to, initiating, rendering, billing 614
and collecting customer charges, or to the protection of the rights or 615
property of the telephone company, or to protect the customer of those 616
services and other carriers from fraudulent, abusive or unlawful use of 617
or subscription to, such services, (4) to a governmental entity, if the 618
telephone company reasonably believes that an emergency involving 619
immediate danger of death or serious physical injury to any person 620
justifies disclosure of the information, or (5) to the National Center for 621
Missing and Exploited Children, in connection with a report submitted 622
thereto under Section 227 of the Victims of Child Abuse Act of 1990. 623
(e) The provisions of this section shall not be construed to expand 624
upon the obligations and duties of any telephone company to protect 625
telephone records beyond those otherwise established by federal or 626
state law, including, but not limited to, provisions governing customer 627
proprietary network information in Section 222 of the 628
Communications Act of 1934, as amended, and 47 USC 222. 629 Substitute Bill No. 847
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(f) The provisions of this section shall not apply to a telephone 630
company and its agents or representatives who act reasonably and in 631
good faith pursuant to this section.] 632
[(g)] (b) Each telephone company that maintains telephone records 633
of a resident of this state shall establish reasonable procedures to 634
protect against unauthorized or fraudulent disclosure of such records 635
which could result in substantial harm or inconvenience to any 636
customer. For purposes of this subsection, a telephone company's 637
procedures shall be deemed reasonable if the telephone company 638
complies with the provisions governing customer proprietary network 639
information in Section 222 of the Communications Act of 1934, as 640
amended, and 47 USC 222. 641
[(h) Any violation of subsection (b) of this section: (1) Involving a 642
single telephone record of a resident of this state shall be a class C 643
misdemeanor, (2) involving two to not more than ten telephone 644
records of a resident of this state shall be a class B misdemeanor, and 645
(3) involving more than ten telephone records of a resident of this state 646
shall be a class A misdemeanor. 647
(i) Any violation of subsection (b) of this section shall be deemed an 648
unfair or deceptive trade act or practice under subsection (a) of section 649
42-110b.] 650
Sec. 14. Section 16-256d of the general statutes is repealed and the 651
following is substituted in lieu thereof (Effective October 1, 2019): 652
Each telephone company, as defined in section 16-1, shall [, upon 653
request of any business customer, provide the customer with an 654
itemization of tariffed equipment and associated charges, indicating 655
the number of telephones and lines and the types of service the 656
customer is being billed for and the charge for each such telephone, 657
line and service. Each such company shall, on a quarterly basis, notify 658
its business customers of the availability of such itemizations] comply 659
with the federal truth in billing laws pursuant to 47 USC 201(b). 660 Substitute Bill No. 847
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Sec. 15. Section 16-256i of the general statutes is repealed and the 661
following is substituted in lieu thereof (Effective October 1, 2019): 662
(a) As used in this section: 663
(1) "Customer" means (A) in the case of a residential customer, any 664
adult who is authorized by the individual in whose name the local 665
exchange carrier has established an account for telecommunications 666
services to authorize a change in telecommunications services, and (B) 667
in the case of a business customer, any individual who is authorized 668
by the business to authorize a change in telecommunications services; 669
(2) "Telemarketer" means any individual who, by telephone, 670
initiates the sale of telecommunications services for a 671
telecommunications company; and 672
(3) "Telemarketing" means the act of soliciting by telephone the sale 673
of telecommunications services. 674
(b) A telecommunications company shall not submit a primary, 675
local or intrastate interexchange carrier change order to a company 676
providing local exchange telephone service [prior to the order being 677
confirmed in accordance with the provisions of Subpart K of Part 64 of 678
Title 47 of the Code of Federal Regulations, as from time to time 679
amended, and the provisions of this section, if applicable] unless such 680
change order is in compliance with 47 USC 258. 681
[(c) A telecommunications company or its affiliate or authorized 682
representative using telemarketing to initiate the sale of 683
telecommunications services shall comply with the following 684
requirements for all such telemarketing calls: (1) The telemarketer shall 685
identify himself by name and identify the telecommunications 686
company providing the proposed services and the name of the 687
business, firm, corporation, association, joint stock association, trust, 688
partnership, or limited liability company, if different from the 689
telecommunications company, for whom the call is made; (2) the 690
telemarketer shall state that only the customer may authorize a change 691 Substitute Bill No. 847
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in service; (3) the telemarketer shall confirm that he is speaking to the 692
customer; (4) the telemarketer shall clearly explain the proposed 693
services in detail and explain that an affirmative response will change 694
the customer's telecommunications carrier; (5) the telemarketer shall 695
obtain from the customer an affirmative response that the customer 696
agrees to a change in his primary, local or intrastate interexchange 697
carrier; and (6) the primary, local or intrastate interexchange carrier 698
change order or independent third party verification record shall 699
identify the individual with whom the telemarketer confirmed the 700
authorization to change the primary, local or intrastate interexchange 701
carrier. 702
(d) (1) A telecommunications company or its affiliate or authorized 703
representative using telemarketing to initiate the sale of 704
telecommunications services shall (A) prior to submitting a change in 705
primary, local or intrastate interexchange carriers, obtain verbal 706
authorization confirmed by an independent third party or written 707
authorization of such change from the customer, and (B) not more than 708
four business days after obtaining notification or confirmation that the 709
change in carrier has been made, send by first class mail to the 710
customer notification that the customer's primary, local or intrastate 711
interexchange carrier has been changed, along with a postpaid 712
postcard or toll-free number which the customer can use to deny 713
authorization for the change order. If the telecommunications 714
company receives a postcard or telephone call at the toll-free number 715
provided in the notification denying authorization for the change, the 716
company shall immediately notify the customer's previous carrier and 717
shall cause the customer's primary, local or intrastate interexchange 718
service to be switched back to the customer's previous carrier and 719
shall: (i) Adjust the affected customer's bill so that the customer pays 720
no more than the customer would have paid had his carrier not been 721
switched; (ii) pay the previous carrier an amount equal to all charges 722
paid by the customer after the change to the new carrier; and (iii) pay 723
the previous carrier an amount equal to all expenses assessed by the 724
local exchange company for switching the customer's primary, local or 725 Substitute Bill No. 847
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intrastate interexchange service. 726
(2) It shall be an unfair or deceptive trade practice, in violation of 727
chapter 735a, for any telecommunications company to unreasonably 728
delay or deny a request by a customer to switch a customer's primary, 729
local or intrastate interexchange carrier back to the customer's previous 730
carrier. 731
(e) The authority shall adopt regulations in accordance with the 732
provisions of chapter 54 to implement the provisions in this section. 733
(f) A telecommunications company, or its affiliate or authorized 734
representative using telemarketing to initiate the sale of 735
telecommunications services, which the authority determines, after 736
notice and opportunity for a hearing as provided in section 16-41, has 737
failed to comply with the provisions of this section or section 16-256j 738
shall pay to the state a civil penalty of not more than ten thousand 739
dollars per violation.] 740
Sec. 16. Section 16-256k of the general statutes is repealed and the 741
following is substituted in lieu thereof (Effective October 1, 2019): 742
Each telephone company, as defined in section 16-1, and each 743
certified telecommunications provider, as defined in said section 16-1, 744
shall [clearly and conspicuously disclose, in writing, to customers, 745
upon subscription and annually thereafter, (1) whether the removal or 746
change in any telecommunications service will result in the loss of a 747
discount or other change in t he rate charged for any 748
telecommunications service subscribed to or used by the customer; and 749
(2) for any promotional offering filed on and after October 1, 2002, 750
with the Public Utilities Regulatory Authority pursuant to subsection 751
(e) of section 16-247f, that the offering is a promotion and will be in 752
effect for a limited period of time] comply with the federal truth in 753
billing laws pursuant to 47 USC 201(b). 754
Sec. 17. Sections 16-247k, 16-247n, 16-256c and 16-256h of the 755
general statutes are repealed. (Effective October 1, 2019) 756 Substitute Bill No. 847
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 16-18a(a)
Sec. 2 October 1, 2019 16-19(h)
Sec. 3 October 1, 2019 16-19d
Sec. 4 October 1, 2019 16-19e(f)
Sec. 5 October 1, 2019 16-19j(b)
Sec. 6 October 1, 2019 16-41(a)
Sec. 7 October 1, 2019 16-247a
Sec. 8 October 1, 2019 16-247b
Sec. 9 October 1, 2019 16-247c(c)
Sec. 10 October 1, 2019 16-247f
Sec. 11 October 1, 2019 16-247g(g)
Sec. 12 October 1, 2019 16-247s(b)
Sec. 13 October 1, 2019 16-247u
Sec. 14 October 1, 2019 16-256d
Sec. 15 October 1, 2019 16-256i
Sec. 16 October 1, 2019 16-256k
Sec. 17 October 1, 2019 Repealer section
Statement of Legislative Commissioners:
In Section 7(b), the reference to section 16-247o was struck for accuracy
as such section of the general statutes is repealed.
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