Connecticut 2019 Regular Session

Connecticut Senate Bill SB00847 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 847
	5	+	General Assembly Raised Bill No. 847
8	6		January Session, 2019
	7	+	LCO No. 4098
	8	+
	9	+
	10	+	Referred to Committee on ENERGY AND TECHNOLOGY
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	12	+
	13	+	Introduced by:
	14	+	(ET)
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12	19		AN ACT CONCERNING TH E REGULATION OF VOICE SERVICE
13	20		PROVIDERS.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. Subsection (a) of section 16-18a of the general statutes is 1
18	25		repealed and the following is substituted in lieu thereof (Effective 2
19	26		October 1, 2019): 3
20	27		(a) In the performance of their duties the Public Utilities Regulatory 4
21	28		Authority and the Office of Consumer Counsel may retain consultants 5
22	29		to assist their staffs in proceedings before the authority by providing 6
23	30		expertise in areas in which staff expertise does not currently exist or 7
24	31		when necessary to supplement existing staff expertise. In any case 8
25	32		where the authority or Office of Consumer Counsel determines that 9
26	33		the services of a consultant are necessary or desirable, the authority 10
27	34		shall (1) allow opportunity for the parties and participants to the 11
28	35		proceeding for which the services of a consultant are being considered 12
29	36		to comment regarding the necessity or desirability of such services, (2) 13
30	37		upon the request of a party or participant to the proceeding for which 14
31	38		the services of a consultant are being considered, hold a hearing, and 15
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32	45		(3) limit the reasonable and proper expenses for such services to not 16
33	46		more than two hundred thousand dollars for each agency per 17
34	47		proceeding involving a public service company, telecommunications 18
35	48		company, electric supplier or person seeking certification to provide 19
36		-	telecommunications services pursuant to chapter 283, with more than 20 Substitute Bill No. 847
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	49	+	telecommunications services pursuant to chapter 283, with more than 20
43	50		fifteen thousand customers, and to not more than fifty thousand 21
44	51		dollars for each agency per proceeding involving such a company, 22
45	52		electric supplier or person with less than fifteen thousand customers, 23
46	53		provided the authority or the Office of Consumer Counsel may exceed 24
47	54		such limits for good cause. In the case of multiple proceedings 25
48	55		conducted to implement the provisions of this section and sections 26
49	56		16-1, 16-19, as amended by this act, 16-19e, as amended by this act, 27
50	57		16-22, 16-247a to 16-247c, inclusive, as amended by this act, 16-247e to 28
51	58		16-247h, inclusive, [16-247k] and subsection (e) of section 16-331, the 29
52	59		authority or the Office of Consumer Counsel may exceed such limits, 30
53	60		but the total amount for all such proceedings shall not exceed the 31
54	61		aggregate amount which would be available pursuant to this section. 32
55	62		All reasonable and proper expenses, as defined in subdivision (3) of 33
56	63		this section, shall be borne by the affected company, electric supplier 34
57	64		or person and shall be paid by such company, electric supplier or 35
58	65		person at such times and in such manner as the authority or the Office 36
59	66		of Consumer Counsel directs. All reasonable and proper costs and 37
60	67		expenses, as defined in subdivision (3) of this section, shall be 38
61	68		recognized by the authority for all purposes as proper business 39
62	69		expenses of the affected company, electric supplier or person. The 40
63	70		providers of consultant services shall be selected by the authority or 41
64	71		the Office of Consumer Counsel and shall submit written findings and 42
65	72		recommendations to the authority or the Office of Consumer Counsel, 43
66	73		as the case may be, which shall be made part of the public record. 44
67	74		Sec. 2. Subsection (h) of section 16-19 of the general statutes is 45
68	75		repealed and the following is substituted in lieu thereof (Effective 46
69	76		October 1, 2019): 47
70	77		(h) The provisions of this section shall not apply to [the regulation 48
	78	+	Raised Bill No. 847
	79	+
	80	+
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	82	+	LCO No. 4098 3 of 26
	83	+
71	84		of a] telecommunications service. [which is a competitive service, as 49
72	85		defined in section 16-247a, or to a telecommunications service to which 50
73	86		an approved plan for an alternative form of regulation applies, 51
74	87		pursuant to section 16-247k.] 52
75		-	Sec. 3. Section 16-19d of the general statutes is repealed and the 53 Substitute Bill No. 847
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	88	+	Sec. 3. Section 16-19d of the general statutes is repealed and the 53
82	89		following is substituted in lieu thereof (Effective October 1, 2019): 54
83	90		(a) As used in this section: 55
84	91		(1) "Advertising" means the commercial use of any media including, 56
85	92		but not limited to, newspaper and all other forms of print, radio and 57
86	93		television, in order to transmit a message to a substantial number of 58
87	94		members of the public or customers of a public service company; 59
88	95		(2) "Political advertising" means any advertising for the purpose of 60
89	96		influencing public opinion with respect to any legisl ative, 61
90	97		administrative or electoral decision or with respect to any controversial 62
91	98		issue of public importance; 63
92	99		(3) "Institutional advertising" means any advertising which is 64
93	100		designed to create, enhance or sustain a public service company's 65
94	101		image or good will with regard to the general public or its customers; 66
95	102		(4) "Promotional advertising" means any advertising that has the 67
96	103		purpose of inducing the public to select or use the service or additional 68
97	104		service of a public service company or select or install any appliance or 69
98	105		equipment designed to use such service, provided such advertising 70
99	106		shall not include advertising authorized by order or regulation of the 71
100	107		Public Utilities Regulatory Authority. 72
101	108		(b) The cost of political, institutional or promotional advertising of 73
102	109		any gas company or electric distribution company [and the cost of 74
103	110		political or institutional advertising of any telephone company] shall 75
104	111		not be deemed to be an operating expense in any rate schedule 76
105	112		proceedings held pursuant to section 16-19, as amended by this act. 77
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106	119		For the purposes of this section, political, institutional or promotional 78
107	120		advertising shall not be deemed to include reasonable expenditures for 79
108	121		(1) the publication or distribution of existing or proposed tariffs or rate 80
109	122		schedules; (2) notices required by law or regulation; (3) public 81
110	123		information regarding service interruptions, safety measures, 82
111	124		emergency conditions, employment opportunities or the means by 83
112		-	which customers can conserve energy or make effic ient and 84 Substitute Bill No. 847
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	125	+	which customers can conserve energy or make efficient and 84
119	126		economical use of service; (4) the promotion or marketing of efficient 85
120	127		gas and electric equipment which the Public Utilities Regulatory 86
121	128		Authority determines: (A) Is consistent with the state's energy policy; 87
122	129		(B) is consistent with integrated resource planning principles; (C) 88
123	130		provides net economic benefit to such company's customers; and (D) 89
124	131		shall not have the primary purpose of promoting one fuel over 90
125	132		another; or (5) advertising by a gas company that is necessary as a 91
126	133		result of competition created by actions and decisions of the Federal 92
127	134		Energy Regulatory Commission and the Public Utilities Regulatory 93
128	135		Authority. Such advertising shall be limited to the express purpose of 94
129	136		promoting gas companies in competition with other providers and 95
130	137		marketers of natural gas. Such advertising shall not include any 96
131	138		promotions, cash, equipment, installation or service subsidies for the 97
132	139		conversion to natural gas from any other energy source. 98
133	140		(c) A public service company shall make application to the authority 99
134	141		for determination that equipment meets the requirem ents of 100
135	142		subdivision (4) of subsection (b) of this section. The authority shall, to 101
136	143		the extent practicable, make such determination within one hundred 102
137	144		twenty days of such filing. All reasonable and proper expenses, 103
138	145		required by the authority and the Office of Consumer Counsel, 104
139	146		including, but not limited to, the costs associated with analysis, testing, 105
140	147		evaluation and testimony at a public hearing or other proceeding, shall 106
141	148		be borne by the company and shall be paid by the company at such 107
142	149		times and in such manner as the authority directs. 108
143	150		(d) The authority shall not allocate any expenditures made by a gas 109
144	151		company pursuant to subdivision (5) of subsection (b) of this section to 110
	152	+	Raised Bill No. 847
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145	158		residential customers in any rate schedule proceedings held pursuant 111
146	159		to section 16-19, as amended by this act, unless the authority finds that 112
147	160		effective competition in the residential gas market already exists. 113
148	161		(e) The authority shall adopt regulations to carry out the purposes 114
149	162		of subsections (a) and (b) of this section. 115
150		-	(f) Each gas or electric distribution company shall conspicuously 116 Substitute Bill No. 847
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	163	+	(f) Each gas or electric distribution company shall conspicuously 116
157	164		indicate in all of its advertising whether the costs of the advertising are 117
158	165		being paid for by the company's shareholders, its customers or both. 118
159	166		(g) The provisions of this section shall not apply to a 119
160	167		telecommunications company or a telephone company. 120
161	168		Sec. 4. Subsection (f) of section 16-19e of the general statutes is 121
162	169		repealed and the following is substituted in lieu thereof (Effective 122
163	170		October 1, 2019): 123
164	171		(f) The provisions of this section shall not apply to the regulation of 124
165	172		a telecommunications service which is a competitive service, as 125
166	173		defined in section 16-247a, as amended by this act, or to a 126
167	174		telecommunications service to which an approved plan for an 127
168	175		alternative form of regulation applies. [, pursuant to section 16-247k.] 128
169	176		Sec. 5. Subsection (b) of section 16-19j of the general statutes is 129
170	177		repealed and the following is substituted in lieu thereof (Effective 130
171	178		October 1, 2019): 131
172	179		(b) Notwithstanding subsection (a) of this section, the authority 132
173	180		shall require a portion of the staff to be made a party to proceedings 133
174	181		relating to (1) a rate amendment proposed pursuant to section 16-19, as 134
175	182		amended by this act, by a public service company having more than 135
176	183		seventy-five thousand customers, (2) the approval of performance-136
177	184		based incentives pursuant to subsection (b) of section 16-19a, or (3) the 137
178	185		approval of any alternative form of regulation, [pursuant to section 16-138
179	186		247k,] provided the authority shall not require a portion of the staff to 139
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180	193		be made a party to any proceeding described in this subsection if the 140
181	194		authority issues a notice of its intent not to do so in writing. The notice 141
182	195		shall include the reasons for not requiring a portion of the staff to be 142
183	196		made a party. Upon petition of any party so noticed, the authority 143
184	197		shall require a portion of the staff to be made a party. 144
185	198		Sec. 6. Subsection (a) of section 16-41 of the general statutes is 145
186	199		repealed and the following is substituted in lieu thereof (Effective 146
187		-	October 1, 2019): 147 Substitute Bill No. 847
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	200	+	October 1, 2019): 147
194	201		(a) Each (1) public service company and its officers, agents and 148
195	202		employees, (2) electric supplier or person providing electric generation 149
196	203		services without a license in violation of section 16-245, and its officers, 150
197	204		agents and employees, (3) certified telecommunications provider or 151
198	205		person providing telecommunications services without authorization 152
199	206		pursuant to sections 16-247f to 16-247h, inclusive, as amended by this 153
200	207		act, and its officers, agents and employees, (4) person, public agency or 154
201	208		public utility, as such terms are defined in section 16-345, subject to the 155
202	209		requirements of chapter 293, (5) person subject to the registration 156
203	210		requirements under section 16-258a, (6) cellular mobile telephone 157
204	211		carrier, as described in section 16-250b, (7) Connecticut electric 158
205	212		efficiency partner, as defined in section 16-243v, (8) company, as 159
206	213		defined in section 16-49, and (9) entity approved to submeter pursuant 160
207	214		to section 16-19ff shall obey, observe and comply with all applicable 161
208	215		provisions of this title and each applicable order made or applicable 162
209	216		regulations adopted by the Public Utilities Regulatory Authority by 163
210	217		virtue of this title as long as the same remains in force. Any such 164
211	218		company, electric supplier, certified telecommunications provider, 165
212	219		cellular mobile telephone carrier, Connecticut electric efficiency 166
213	220		partner, entity approved to submeter, person, any officer, agent or 167
214	221		employee thereof, public agency or public utility which the authority 168
215	222		finds has failed to obey or comply with any such provision of this title, 169
216	223		order or regulation shall be fined by order of the authority in 170
217	224		accordance with the penalty prescribed for the violated provision of 171
218	225		this title or, if no penalty is prescribed, not more than ten thousand 172
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219	232		dollars for each offense, except that the penalty shall be a fine of not 173
220	233		more than forty thousand dollars for failure to comply with an order of 174
221	234		the authority made in accordance with the provisions of section 16-19, 175
222	235		[or 16-247k] as amended by this act, or within thirty days of such order 176
223	236		or within any specific time period for compliance specified in such 177
224	237		order. Each distinct violation of any such provision of this title, order 178
225	238		or regulation shall be a separate offense and, in case of a continued 179
226	239		violation, each day thereof shall be deemed a separate offense. Each 180
227	240		such penalty and any interest charged pursuant to subsection (g) or (h) 181
228		-	of section 16-49 shall be excluded from operating expenses for 182 Substitute Bill No. 847
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	241	+	of section 16-49 shall be excluded from operating expenses for 182
235	242		purposes of rate-making. 183
236	243		Sec. 7. Section 16-247a of the general statutes is repealed and the 184
237	244		following is substituted in lieu thereof (Effective October 1, 2019): 185
238	245		(a) Due to the following: Affordable, high quality 186
239	246		telecommunications services that meet the needs of individuals and 187
240	247		businesses in the state are necessary and vital to the welfare and 188
241	248		development of our society; the efficient provision of modern 189
242	249		telecommunications services by multiple providers will promote 190
243	250		economic development in the state; expanded employment 191
244	251		opportunities for residents of the state in the provision of 192
245	252		telecommunications services benefit the society and economy of the 193
246	253		state; and advanced telecommunications services enhance the delivery 194
247	254		of services by public and not-for-profit institutions, it is, therefore, the 195
248	255		goal of the state to (1) ensure the universal availability and accessibility 196
249	256		of high quality, affordable telecommunications services to all residents 197
250	257		and businesses in the state, (2) promote the development of effective 198
251	258		competition as a means of providing customers with the widest 199
252	259		possible choice of services, (3) utilize forms of regulation 200
253	260		commensurate with the level of comp etition in the relevant 201
254	261		telecommunications service market, (4) facilitate the efficient 202
255	262		development and deployment of an advanced telecommunications 203
256	263		infrastructure, including open networks with maximum 204
257	264		interoperability and interconnectivity, (5) encourage shared use of 205
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258	271		existing facilities and cooperative development of new facilities where 206
259	272		legally possible, and technically and economically feasible, and (6) 207
260	273		ensure that providers of telecommunications services in the state 208
261	274		provide high quality customer service and high quality technical 209
262	275		service. The authority shall implement the provisions of this section, 210
263	276		sections 16-1, 16-18a, as amended by this act, 16-19, as amended by this 211
264	277		act, 16-19e, as amended by this act, 16-22, 16-247b, as amended by this 212
265	278		act, 16-247c, as amended by this act, 16-247e to 16-247h, inclusive, [and 213
266	279		16-247k] and subsection (e) of section 16-331 in accordance with these 214
267		-	goals. 215 Substitute Bill No. 847
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	280	+	goals. 215
274	281		(b) As used in sections 16-247a to 16-247c, inclusive, as amended by 216
275		-	this act, 16-247e to 16-247h, inclusive, [16-247k,] ~~and sections~~ 16-~~247m~~ 217
276		-	to 16-247r, inclusive: 218
	282	+	this act, 16-247e to 16-247h, inclusive, [16-247k,] section 16-247o and 217
	283	+	sections 16-247m to 16-247r, inclusive: 218
277	284		(1) "Affiliate" means a person, firm or corporation which, with 219
278	285		another person, firm or corporation, is under the common control of 220
279	286		the same parent firm or corporation. 221
280	287		(2) "Competitive service" means (A) a telecommunications service 222
281	288		deemed competitive in accordance with the provisions of section 16-223
282	289		247f, as amended by this act, (B) a telecommunications service 224
283	290		reclassified by the authority as competitive in accordance with the 225
284	291		provisions of section 16-247f, as amended by this act, or (C) a new 226
285	292		telecommunications service provided under a competitive service 227
286	293		tariff accepted by the authority, in accordance with the provisions of 228
287	294		section 16-247f, as amended by this act, provided the authority has not 229
288	295		subsequently reclassified the service set forth in subparagraph (A), (B) 230
289	296		or (C) of this subdivision as noncompetitive pursuant to section 16-231
290	297		247f, as amended by this act. 232
291	298		(3) "Emerging competitive service" means (A) a telecommunications 233
292	299		service reclassified as emerging competitive in accordance with the 234
293	300		provisions of section 16-247f, as amended by this act, or (B) a new 235
294	301		telecommunications service provided under an emerging competitive 236
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	303	+
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295	308		service tariff accepted by the authority, in accordance with the 237
296	309		provisions of section 16-247f, as amended by this act, or of a plan for 238
297	310		an alternative form of regulation approved, [pursuant to section 16-239
298	311		247k,] provided the authority has not subsequently reclassified the 240
299	312		service set forth in subparagraph (A) or (B) of this subdivision as 241
300	313		competitive or noncompetitive pursuant to section 16-247f, as 242
301	314		amended by this act. 243
302	315		(4) "Noncompetitive service" means (A) a telecommunications 244
303	316		service deemed noncompetitive in accordance with the provisions of 245
304	317		section 16-247f, as amended by this act, (B) a telecommunications 246
305		-	service reclassified by the authority as noncompetitive in accordance 247 Substitute Bill No. 847
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	318	+	service reclassified by the authority as noncompetitive in accordance 247
312	319		with the provisions of section 16-247f, as amended by this act, or (C) a 248
313	320		new telecommunications service provided under a noncompetitive 249
314	321		service tariff accepted by the authority, in accordance with the 250
315	322		provisions of section 16-19, as amended by this act, and any applicable 251
316	323		regulations, or of a plan for an alternative form of regulation 252
317	324		approved, [pursuant to section 16-247k,] provided the authority has 253
318	325		not subsequently reclassified the service set forth in subparagraph (A), 254
319	326		(B) or (C) of this subdivision as competitive or emerging competitive 255
320	327		pursuant to section 16-247f, as amended by this act. 256
321	328		(5) "Private telecommunications service" means any 257
322	329		telecommunications service which is not provided for public hire as a 258
323	330		common carrier service and is utilized solely for the 259
324	331		telecommunications needs of the person that controls such service and 260
325	332		any subsidiary or affiliate thereof, except for telecommunications 261
326	333		service which enables two entities other than such person, subsidiary 262
327	334		or affiliate to communicate with each other. 263
328	335		(6) "Telecommunications service" means any transmission in one or 264
329	336		more geographic areas (A) between or among points specified by the 265
330	337		user, (B) of information of the user's choosing, (C) without change in 266
331	338		the form or content of the information as sent and received, (D) by 267
332	339		means of electromagnetic transmission, including but not limited to, 268
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333	346		fiber optics, microwave and satellite, (E) with or without benefit of any 269
334	347		closed transmission medium, and (F) including all instrumentalities, 270
335	348		facilities, apparatus and services, except customer premises 271
336	349		equipment, which are used for the collection, storage, forwarding, 272
337	350		switching and delivery of such information and are essential to the 273
338	351		transmission. 274
339	352		(7) "Network elements" means "network elements", as defined in 47 275
340	353		USC 153(a)(29). 276
341	354		Sec. 8. Section 16-247b of the general statutes is repealed and the 277
342		-	following is substituted in lieu thereof (Effective October 1, 2019): 278 Substitute Bill No. 847
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	355	+	following is substituted in lieu thereof (Effective October 1, 2019): 278
349	356		[(a) On petition or its own motion, the authority shall initiate a 279
350	357		proceeding to unbundle a telephone company's network, services and 280
351	358		functions that are used to provide telecommunications services and 281
352	359		which the authority determines, after notice and hearing, are in the 282
353	360		public interest, are consistent with federal law and are technically 283
354	361		feasible of being tariffed and offered separately or in combinations. 284
355	362		Any telecommunications services, functions and unbundled network 285
356	363		elements and any combination thereof shall be offered under tariff at 286
357	364		rates, terms and conditions that do not unreasonably discriminate 287
358	365		among actual and potential users and actual and potential providers of 288
359	366		such local network services. 289
360	367		(b) Each telephone company shall provide reasonable 290
361	368		nondiscriminatory access and pricing to all telecommunications 291
362	369		services, functions and unbundled network elements and any 292
363	370		combination thereof necessary to provide telecommunications services 293
364	371		to customers. The authority shall determine the rates that a telephone 294
365	372		company charges for telecommunications services, functions and 295
366	373		unbundled network elements and any combination thereof, that are 296
367	374		necessary for the provision of telecommunications services.] The rates 297
368	375		for interconnection and a telephone company's unbundled network 298
369	376		elements and any combination thereof shall be [based on their 299
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	382	+
370	383		respective forward looking long-run incremental costs, and shall be] 300
371	384		consistent with the provisions of 47 USC 252(d) and any applicable 301
372	385		decisions issued by the authority on or before June 30, 2019. Nothing in 302
373	386		this section shall be construed to limit the authority's jurisdiction 303
374	387		pursuant to 47 USC 251 and 47 USC 252, as amended from time to 304
375	388		time. 305
376	389		[(c) (1) The rate that a telephone company charges for a competitive 306
377	390		or emerging competitive telecommunications service shall not be less 307
378	391		than the sum of (A) the rate charged to another telecommunications 308
379	392		company for a noncompetitive or emerging competitive local network 309
380	393		service function used by that company to provide a competing 310
381		-	telecommunications service, and (B) the applicable incremental costs of 311 Substitute Bill No. 847
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387		-
	394	+	telecommunications service, and (B) the applicable incremental costs of 311
388	395		the telephone company. 312
389	396		(2) On and after the date the authority certifies a telephone 313
390	397		company's operations support systems interface pursuant to section 314
391	398		16-247n, the authority shall, upon petition, conduct a contested case 315
392	399		proceeding to consider whether modification or removal of the pricing 316
393	400		standard set forth in subdivision (1) of this subsection for a 317
394	401		telecommunications service deemed competitive pursuant to section 318
395	402		16-247f is appropriate. Notwithstanding the provisions of subdivision 319
396	403		(1) of this subsection, if the authority determines that such a 320
397	404		modification or removal is appropriate and is consistent with the goals 321
398	405		set forth in section 16-247a, the authority shall so modify or remove 322
399	406		said pricing standard for such telecommunications service. 323
400	407		(3) Prior to the date that the authority certifies a telephone 324
401	408		company's operations support systems interface pursuant to section 325
402	409		16-247n, the authority may, upon petition, conduct a contested case 326
403	410		proceeding to consider whether modification or removal of the pricing 327
404	411		standard set forth in subdivision (1) of this subsection for a 328
405	412		telecommunications service deemed competitive pursuant to section 329
406	413		16-247f is appropriate. Any petition filed pursuant to this subdivision 330
407	414		shall specify the geographic area in which the applicant proposes to 331
	415	+	Raised Bill No. 847
	416	+
	417	+
	418	+
	419	+	LCO No. 4098 12 of 26
	420	+
408	421		modify or remove such pricing standard. Notwithstanding the 332
409	422		provisions of subdivision (1) of this subsection, if the authority 333
410	423		determines that such modification or removal is appropriate, is 334
411	424		consistent with the goals set forth in section 16-247a and facilities-335
412	425		based competition exists in the relevant geographic area, the authority 336
413	426		shall so modify or remove said pricing standard for such 337
414	427		telecommunications service. In determining whether facilities-based 338
415	428		competition exists in the relevant geographic area, the authority shall 339
416	429		consider: 340
417	430		(A) The number, size and geographic distribution of other providers 341
418	431		of service; 342
419		-	(B) The availability of functionally equivalent services in the 343 Substitute Bill No. 847
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425		-
	432	+	(B) The availability of functionally equivalent services in the 343
426	433		relevant geographic area at competitive rates, terms and conditions; 344
427	434		(C) The financial viability of each company providing functionally 345
428	435		equivalent services in the relevant geographic market; 346
429	436		(D) The existence of barriers to entry into, or exit from, the relevant 347
430	437		geographic market; 348
431	438		(E) Other indicators of market power that the authority deems 349
432	439		relevant, which may include, but not be limited to, market penetration 350
433	440		and the extent to which the applicant can sustain the price for the 351
434	441		service above the cost to the company of providing the service in the 352
435	442		relevant geographic area; 353
436	443		(F) The extent to which other telecommunications companies must 354
437	444		rely upon the noncompetitive services of the applicant to provide their 355
438	445		telecommunications services and carrier access rates charged by the 356
439	446		applicant; 357
440	447		(G) Other factors that may affect competition; and 358
441	448		(H) Other factors that may affect the public interest. 359
	449	+	Raised Bill No. 847
	450	+
	451	+
	452	+
	453	+	LCO No. 4098 13 of 26
	454	+
442	455		(d) A telephone company shall not use the revenues, expenses, 360
443	456		costs, assets, liabilities or other resources derived from or associated 361
444	457		with providing a noncompetitive service to subsidize the provision of 362
445	458		competitive, emerging competitive or unregulated telecommunications 363
446	459		services by such telephone company or any affiliate that is a certified 364
447	460		telecommunications provider.] 365
448	461		Sec. 9. Subsection (c) of section 16-247c of the general statutes is 366
449	462		repealed and the following is substituted in lieu thereof (Effective 367
450	463		October 1, 2019): 368
451	464		(c) The authority shall not prohibit or restrict the competitive 369
452	465		provision of intrastate telecommunications services offered by a 370
453		-	certified telecommunications provider unless the authority finds that 371 Substitute Bill No. 847
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459		-
	466	+	certified telecommunications provider unless the authority finds that 371
460	467		the competitive provision of a telecommunications service would be 372
461	468		contrary to the goals set forth in section 16-247a, as amended by this 373
462	469		act, or would not be in accordance with the provisions of section 374
463	470		16-247a, as amended by this act, or 16-247b, as amended by this act, 375
464	471		this section [,] or sections 16-247e to 16-247h, inclusive. [, or section 16-376
465	472		247k.] 377
466	473		Sec. 10. Section 16-247f of the general statutes is repealed and the 378
467	474		following is substituted in lieu thereof (Effective October 1, 2019): 379
468	475		[(a) The authority shall regulate the provision of 380
469	476		telecommunications services in the state in a manner designed to foster 381
470	477		competition and protect the public interest. 382
471	478		(b) Notwithstanding the provisions of section 16-19, the following 383
472	479		telecommunications services shall be deemed competitive services: (1) 384
473	480		A telecommunications service offered on or before July 1, 1994, by a 385
474	481		certified telecommunications provider and a wide area telephone 386
475	482		service, "800" service, centrex service or digital centrex service offered 387
476	483		by a telephone company, (2) a telecommunications service offered to 388
477	484		business customers by a telephone company, (3) a home office service 389
478	485		offered by a telephone company, and (4) a telecommunications service 390
	486	+	Raised Bill No. 847
	487	+
	488	+
	489	+
	490	+	LCO No. 4098 14 of 26
	491	+
479	492		provided by a telephone company to a residential customer who 391
480	493		subscribes to two or more telephone company services, including basic 392
481	494		local exchange service, any vertical feature or interstate toll provided 393
482	495		by a telephone company affiliate. Unless reclassified pursuant to this 394
483	496		section, any other service offered by a telephone company on or before 395
484	497		July 1, 1994, shall be deemed a noncompetitive service, provided such 396
485	498		initial classification shall not be a factual finding that such service is 397
486	499		noncompetitive. Notwithstanding subdivision (3) of subsection (c) of 398
487	500		section 16-247b, prior to January 1, 2010, a telephone company shall 399
488	501		not obtain a waiver from the authority of the pricing standard set forth 400
489	502		in subdivision (1) of subsection (c) of section 16-247b for any service 401
490	503		reclassified as competitive pursuant to subdivision (2), (3) or (4) of this 402
491		-	subsection. 403 Substitute Bill No. 847
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497		-
	504	+	subsection. 403
498	505		(c) On petition, on its own motion, or in conjunction with a tariff 404
499	506		investigation conducted pursuant to subsection (f) of this section, after 405
500	507		notice and hearing, and within ninety days of receipt of a petition or its 406
501	508		motion or within the time period set forth in subsection (f) of this 407
502	509		section, as applicable, the authority may reclassify a 408
503	510		telecommunications service as competitive, emerging competitive or 409
504	511		noncompetitive, in accordance with the degree of competition which 410
505	512		exists for that service in the marketplace, provided (1) a competitive 411
506	513		service shall not be reclassified as an emerging competitive service, 412
507	514		and (2) the authority may extend the period (A) before the end of the 413
508	515		ninety-day period and upon notifying all parties to the proceedings by 414
509	516		thirty days, or (B) in accordance with the provisions of subsection (f) of 415
510	517		this section, as applicable. 416
511	518		(d) In determining whether to reclassify a telecommunications 417
512	519		service, the authority shall consider: 418
513	520		(1) The number, size and geographic distribution of certified 419
514	521		telecommunications providers of the service, provided the authority 420
515	522		shall not reclassify any service as competitive if such service is 421
516	523		available only from a telephone company or an affiliate of a telephone 422
	524	+	Raised Bill No. 847
	525	+
	526	+
	527	+
	528	+	LCO No. 4098 15 of 26
	529	+
517	530		company that is a certified telecommunications provider; 423
518	531		(2) The availability of functionally equivalent services in the 424
519	532		relevant geographic area at competitive rates, terms and conditions, 425
520	533		including, but not limited to, services offered by certified 426
521	534		telecommunications providers, providers of commercial mobile radio 427
522	535		services, as defined in 47 CFR 20.3, voice over Internet protocol 428
523	536		providers and other services provided by means of alternative 429
524	537		technologies; 430
525	538		(3) The existence of barriers to entry into, or exit from, the relevant 431
526	539		market; 432
527	540		(4) Other factors that may affect competition; and 433
528		-	(5) Other factors that may affect the public interest. 434 Substitute Bill No. 847
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534		-
	541	+	(5) Other factors that may affect the public interest. 434
535	542		(e) Except for those tariffs for services offered or provided to 435
536	543		business retail end users for which a certified telecommunications 436
537	544		provider or a telephone company elects to be exempt from filing or 437
538	545		maintaining pursuant to subsection (h) of this section, each certified 438
539	546		telecommunications provider and each telephone company shall file 439
540	547		with the authority a new or amended tariff for each competitive or 440
541	548		emerging competitive intrastate telecommunications service 441
542	549		authorized pursuant to section 16-247c. A tariff for a competitive 442
543	550		service shall be effective on five days' written notice to the authority. A 443
544	551		tariff for an emerging competitive service shall be effective on 444
545	552		twenty-one days' written notice to the authority. A tariff filing for a 445
546	553		competitive or emerging competitive service shall include (1) rates and 446
547	554		charges which may consist of a maximum rate and a minimum rate, (2) 447
548	555		applicable terms and conditions, (3) a statement of how the tariff will 448
549	556		benefit the public interest, and (4) any additional information required 449
550	557		by the authority. A telephone company filing a tariff pursuant to this 450
551	558		section shall include in said tariff filing the information set forth in 451
552	559		subdivisions (1) to (4), inclusive, of this subsection, a complete 452
553	560		explanation of how the company is complying with the provisions of 453
	561	+	Raised Bill No. 847
	562	+
	563	+
	564	+
	565	+	LCO No. 4098 16 of 26
	566	+
554	567		section 16-247b and, in a tariff filing which declares a new service to be 454
555	568		competitive or emerging competitive, a statement addressing the 455
556	569		considerations set forth in subsection (d) of this section. If the authority 456
557	570		approves a tariff which consists of a minimum rate and a maximum 457
558	571		rate, the certified telecommunications provider or telephone company 458
559	572		may amend its rates upon five days' written notice to the authority and 459
560	573		any notice to customers which the authority may require, provided the 460
561	574		amended rates are not greater than the approved maximum rate and 461
562	575		not less than the approved minimum rate. A promotional offering for a 462
563	576		previously approved competitive or emerging competitive tariffed 463
564	577		service or a service deemed competitive pursuant to this section shall 464
565	578		be effective on three business days' written notice to the authority. 465
566	579		(f) On petition or its own motion, the authority may investigate a 466
567	580		tariff or any portion of a tariff, which investigation may include a 467
568		-	hearing. The authority may suspend a tariff or any portion of a tariff 468 Substitute Bill No. 847
569		-
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574		-
	581	+	hearing. The authority may suspend a tariff or any portion of a tariff 468
575	582		during such investigation. The investigation may include, but is not 469
576	583		limited to, an inquiry to determine whether the tariff is predatory, 470
577	584		deceptive, anticompetitive or violates the pricing standard set forth in 471
578	585		subdivision (1) of subsection (c) of section 16-247b. Not later than 472
579	586		seventy-five days after the effective date of the tariff, unless the party 473
580	587		filing the tariff, all statutory parties to the proceeding and the authority 474
581	588		agree to a specific extension of time, the authority shall issue its 475
582	589		decision, including whether to approve, modify or deny the tariff. If 476
583	590		the authority determines that a tariff filed as a new service is, in fact, a 477
584	591		reclassification of an existing service, the authority shall review the 478
585	592		tariff filing as a petition for reclassification in accordance with the 479
586	593		provisions of subsection (c) of this section. 480
587	594		(g) The provisions of this section shall not prohibit the authority 481
588	595		from ordering different tariff filing procedures or effective dates for an 482
589	596		emerging competitive service, pursuant to a plan for an alternative 483
590	597		form of regulation of a telephone company approved by the authority 484
591	598		in accordance with the provisions of section 16-247k.] 485
	599	+	Raised Bill No. 847
	600	+
	601	+
	602	+
	603	+	LCO No. 4098 17 of 26
	604	+
592	605		[(h)] (a) On and after [July 1, 2016] October 1, 2019, any certified 486
593	606		telecommunications provider or telephone company [may, upon 487
594	607		written notice to the authority, elect to be exempt from any 488
595	608		requirement to file or maintain with the authority any tariff for 489
596	609		services offered or provided to business retail end users. A certified 490
597	610		telecommunications provider or telephone company that elects to be 491
598	611		exempt from the requirement to file or maintain with the authority any 492
599	612		tariff for services offered or provided to business retail end users] shall 493
600	613		make the rates, terms and conditions for [such] services offered or 494
601	614		provided to business retail end users available to business retail end 495
602	615		users in a clear and conspicuous manner, that is apparent to the 496
603	616		reasonable business retail end user, either (1) in a customer service 497
604	617		guide, (2) on such certified telecommunications provider's or 498
605	618		telephone company's Internet web site, or (3) in a contract between 499
606	619		such business retail end user and such certified telecommunications 500
607		-	provider or telephone company. 501 Substitute Bill No. 847
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613		-
	620	+	provider or telephone company. 501
614	621		(b) On and after October 1, 2019, any certified telecommunications 502
615	622		provider or telephone company shall make the rates, terms and 503
616	623		conditions for services offered or provided to residential end users 504
617	624		available to residential end users in a clear and conspicuous manner 505
618	625		that is apparent to the reasonable residential end user on such certified 506
619	626		telecommunications provider's or telephone company's Internet web 507
620	627		site. 508
621	628		Sec. 11. Subsection (g) of section 16-247g of the general statutes is 509
622	629		repealed and the following is substituted in lieu thereof (Effective 510
623	630		October 1, 2019): 511
624	631		(g) Notwithstanding any decision of the authority to allow the 512
625	632		competitive provision of a telecommunications service or to grant a 513
626	633		certificate pursuant to this section, the authority, after holding a 514
627	634		hearing with notice to all interested parties and determining that (1) 515
628	635		continued competitive provision of a telecommunications service 516
629	636		would be contrary to the goals set forth in section 16-247a, as amended 517
	637	+	Raised Bill No. 847
	638	+
	639	+
	640	+
	641	+	LCO No. 4098 18 of 26
	642	+
630	643		by this act, or would not be in accordance with the provisions of 518
631	644		sections 16-247a to 16-247c, inclusive, as amended by this act, section 519
632	645		16-247e or 16-247f, as amended by this act, this section [,] or section 16-520
633	646		247h, [or 16-247k,] (2) a certified telecommunications provider does not 521
634	647		have adequate financial resources, managerial ability or technical 522
635	648		competency to provide the service, or (3) a certified 523
636	649		telecommunications provider has failed to comply with an applicable 524
637	650		order made or regulation adopted by the authority, may suspend or 525
638	651		revoke the authorization to provide said telecommunications service 526
639	652		or take any other action it deems appropriate. In determining whether 527
640	653		to suspend or revoke such authorization, the authority shall consider, 528
641	654		without limitation, (A) the effect of such suspension or revocation on 529
642	655		the customers of the telecommunications service, (B) the technical 530
643	656		feasibility of suspending or revoking the authorized usage only on an 531
644	657		intrastate basis, and (C) the financial impact of such suspension or 532
645	658		revocation on the provider of the telecommunications service. 533
646		-	Sec. 12. Subsection (b) of section 16-247s of the general statutes is 534 Substitute Bill No. 847
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652		-
	659	+	Sec. 12. Subsection (b) of section 16-247s of the general statutes is 534
653	660		repealed and the following is substituted in lieu thereof (Effective 535
654	661		October 1, 2019): 536
655	662		(b) Each certified telecommunications provider, as defined in 537
656	663		section 16-1, that provides local exchange service to customers in the 538
657	664		state shall [provide without charge to a telephone company serving 539
658	665		more than one hundred thousand customers for directory assistance 540
659	666		purposes all listings for its Connecticut customers other than those 541
660	667		listings that are nonpublished. Such telephone company, or its agent or 542
661	668		affiliate as applicable, shall, in accordance with the terms and 543
662	669		conditions set forth in the federal Telecommunications Act of 1996, as 544
663	670		from time to time amended, and any applicable order or regulation 545
664	671		adopted by the Federal Communications Commission thereunder, 546
665	672		including the availability and timing of updates and applicable rates, 547
666	673		compile all such listings and all listings for its own Connecticut 548
667	674		customers other than those that are nonpublished in a directory 549
668	675		assistance database and make all such listings contained in such 550
	676	+	Raised Bill No. 847
	677	+
	678	+
	679	+
	680	+	LCO No. 4098 19 of 26
	681	+
669	682		database available in electronic format to directory assistance 551
670	683		providers. If a customer requests a customer listing from a certified 552
671	684		telecommunications provider that does not provide directory 553
672	685		assistance, such provider shall connect the customer at no charge with 554
673	686		an entity that provides directory assistance to the customer. Each such 555
674	687		certified telecommunications provider shall indemnify a telephone 556
675	688		company for any damages caused by that certified telecommunications 557
676	689		provider's negligence in misidentifying a nonpublished customer] 558
677	690		comply with the subscriber list terms pursuant to 47 USC 222(e). 559
678	691		Sec. 13. Section 16-247u of the general statutes is repealed and the 560
679	692		following is substituted in lieu thereof (Effective October 1, 2019): 561
680	693		(a) As used in this section: 562
681	694		(1) "Telephone record" means information retained by a telephone 563
682	695		company that relates to a telephone number dialed by a customer or 564
683	696		another person using the customer's telephone with such customer's 565
684		-	permission, or the incoming number of a call directed to a customer or 566 Substitute Bill No. 847
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690		-
	697	+	permission, or the incoming number of a call directed to a customer or 566
691	698		another person using the customer's telephone with such customer's 567
692	699		permission, or other data related to such call typically contained on a 568
693	700		customer's telephone bill, including, but not limited to, the time the 569
694	701		call started and ended, the duration of the call, the time the call was 570
695	702		made and any charges applied. A telephone record does not include 571
696	703		information collected and retained by or on behalf of a customer 572
697	704		utilizing caller identification or similar technology; 573
698	705		(2) "Telephone company" means any person that provides 574
699	706		commercial telephone services to a customer, irrespective of the 575
700	707		communications technology used to provide such service, including, 576
701	708		but not limited to, traditional wireline or cable telephone service, 577
702	709		cellular, broadband PCS or other wireless telephone service, 578
703	710		microwave, satellite or other terrestrial telephone service, and voice 579
704	711		over Internet telephone service; 580
705	712		(3) "Telephone" means any device used by a person for voice 581
	713	+	Raised Bill No. 847
	714	+
	715	+
	716	+
	717	+	LCO No. 4098 20 of 26
	718	+
706	719		communications, in connection with the services of a telephone 582
707	720		company, whether such voice communications are transmitted in 583
708	721		analog, data or any other form; 584
709	722		(4) "Customer" means the person who subscribes to telephone 585
710	723		service from a telephone company or the person in whose name such 586
711	724		telephone service is listed. [;] 587
712	725		[(5) "Person" means any individual, partnership, corporation, 588
713	726		limited liability company, trust, estate, cooperative association or other 589
714	727		entity; 590
715	728		(6) "Procure" in regard to a telephone record, means to obtain by 591
716	729		any means, whether electronically, in writing or in oral form, with or 592
717	730		without consideration. 593
718	731		(b) No person shall: (1) Knowingly procure, attempt to procure, 594
719	732		solicit or conspire with another to procure a telephone record of any 595
720	733		resident of this state without the authorization of the customer to 596
721		-	whom the record pertains, (2) knowingly sell or attempt to sell a 597 Substitute Bill No. 847
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727		-
	734	+	whom the record pertains, (2) knowingly sell or attempt to sell a 597
728	735		telephone record of any resident of this state without the authorization 598
729	736		of the customer to whom the record pertains, or (3) receive a telephone 599
730	737		record of any resident of this state with the knowledge such record has 600
731	738		been obtained without the authorization of the customer to whom the 601
732	739		record pertains or by fraudulent, deceptive or false means. 602
733	740		(c) The provisions of this section shall not apply to any person 603
734	741		acting pursuant to a valid court order, warrant or subpoena and shall 604
735	742		not be construed to prevent any action by a law enforcement agency, 605
736	743		or any officer, employee or agent of such agency, to obtain telephone 606
737	744		records in connection with the performance of the official duties of the 607
738	745		agency. 608
739	746		(d) The provisions of this section shall not be construed to prohibit a 609
740	747		telephone company from obtaining, using, disclosing or permitting 610
741	748		access to any telephone record, either directly or indirectly through its 611
	749	+	Raised Bill No. 847
	750	+
	751	+
	752	+
	753	+	LCO No. 4098 21 of 26
	754	+
742	755		agents (1) as otherwise authorized by law, (2) with the lawful consent 612
743	756		of the customer, (3) as may be necessarily incident to the rendition of 613
744	757		the service, including, but not limited to, initiating, rendering, billing 614
745	758		and collecting customer charges, or to the protection of the rights or 615
746	759		property of the telephone company, or to protect the customer of those 616
747	760		services and other carriers from fraudulent, abusive or unlawful use of 617
748	761		or subscription to, such services, (4) to a governmental entity, if the 618
749	762		telephone company reasonably believes that an emergency involving 619
750	763		immediate danger of death or serious physical injury to any person 620
751	764		justifies disclosure of the information, or (5) to the National Center for 621
752	765		Missing and Exploited Children, in connection with a report submitted 622
753	766		thereto under Section 227 of the Victims of Child Abuse Act of 1990. 623
754	767		(e) The provisions of this section shall not be construed to expand 624
755	768		upon the obligations and duties of any telephone company to protect 625
756	769		telephone records beyond those otherwise established by federal or 626
757	770		state law, including, but not limited to, provisions governing customer 627
758	771		proprietary network information in Section 222 of the 628
759		-	Communications Act of 1934, as amended, and 47 USC 222. 629 Substitute Bill No. 847
760		-
761		-
762		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00847-
763		-	R01-SB.docx }
764		-	21 of 25
765		-
	772	+	Communications Act of 1934, as amended, and 47 USC 222. 629
766	773		(f) The provisions of this section shall not apply to a telephone 630
767	774		company and its agents or representatives who act reasonably and in 631
768	775		good faith pursuant to this section.] 632
769	776		[(g)] (b) Each telephone company that maintains telephone records 633
770	777		of a resident of this state shall establish reasonable procedures to 634
771	778		protect against unauthorized or fraudulent disclosure of such records 635
772	779		which could result in substantial harm or inconvenience to any 636
773	780		customer. For purposes of this subsection, a telephone company's 637
774	781		procedures shall be deemed reasonable if the telephone company 638
775	782		complies with the provisions governing customer proprietary network 639
776	783		information in Section 222 of the Communications Act of 1934, as 640
777	784		amended, and 47 USC 222. 641
778	785		[(h) Any violation of subsection (b) of this section: (1) Involving a 642
	786	+	Raised Bill No. 847
	787	+
	788	+
	789	+
	790	+	LCO No. 4098 22 of 26
	791	+
779	792		single telephone record of a resident of this state shall be a class C 643
780	793		misdemeanor, (2) involving two to not more than ten telephone 644
781	794		records of a resident of this state shall be a class B misdemeanor, and 645
782	795		(3) involving more than ten telephone records of a resident of this state 646
783	796		shall be a class A misdemeanor. 647
784	797		(i) Any violation of subsection (b) of this section shall be deemed an 648
785	798		unfair or deceptive trade act or practice under subsection (a) of section 649
786	799		42-110b.] 650
787	800		Sec. 14. Section 16-256d of the general statutes is repealed and the 651
788	801		following is substituted in lieu thereof (Effective October 1, 2019): 652
789	802		Each telephone company, as defined in section 16-1, shall [, upon 653
790	803		request of any business customer, provide the customer with an 654
791	804		itemization of tariffed equipment and associated charges, indicating 655
792	805		the number of telephones and lines and the types of service the 656
793	806		customer is being billed for and the charge for each such telephone, 657
794	807		line and service. Each such company shall, on a quarterly basis, notify 658
795	808		its business customers of the availability of such itemizations] comply 659
796		-	with the federal truth in billing laws pursuant to 47 USC 201(b). 660 Substitute Bill No. 847
797		-
798		-
799		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00847-
800		-	R01-SB.docx }
801		-	22 of 25
802		-
	809	+	with the federal truth in billing laws pursuant to 47 USC 201(b). 660
803	810		Sec. 15. Section 16-256i of the general statutes is repealed and the 661
804	811		following is substituted in lieu thereof (Effective October 1, 2019): 662
805	812		(a) As used in this section: 663
806	813		(1) "Customer" means (A) in the case of a residential customer, any 664
807	814		adult who is authorized by the individual in whose name the local 665
808	815		exchange carrier has established an account for telecommunications 666
809	816		services to authorize a change in telecommunications services, and (B) 667
810	817		in the case of a business customer, any individual who is authorized 668
811	818		by the business to authorize a change in telecommunications services; 669
812	819		(2) "Telemarketer" means any individual who, by telephone, 670
813	820		initiates the sale of telecommunications services for a 671
	821	+	Raised Bill No. 847
	822	+
	823	+
	824	+
	825	+	LCO No. 4098 23 of 26
	826	+
814	827		telecommunications company; and 672
815	828		(3) "Telemarketing" means the act of soliciting by telephone the sale 673
816	829		of telecommunications services. 674
817	830		(b) A telecommunications company shall not submit a primary, 675
818	831		local or intrastate interexchange carrier change order to a company 676
819	832		providing local exchange telephone service [prior to the order being 677
820	833		confirmed in accordance with the provisions of Subpart K of Part 64 of 678
821	834		Title 47 of the Code of Federal Regulations, as from time to time 679
822	835		amended, and the provisions of this section, if applicable] unless such 680
823	836		change order is in compliance with 47 USC 258. 681
824	837		[(c) A telecommunications company or its affiliate or authorized 682
825	838		representative using telemarketing to initiate the sale of 683
826	839		telecommunications services shall comply with the following 684
827	840		requirements for all such telemarketing calls: (1) The telemarketer shall 685
828	841		identify himself by name and identify the telecommunications 686
829	842		company providing the proposed services and the name of the 687
830	843		business, firm, corporation, association, joint stock association, trust, 688
831	844		partnership, or limited liability company, if different from the 689
832	845		telecommunications company, for whom the call is made; (2) the 690
833		-	telemarketer shall state that only the customer may authorize a change 691 Substitute Bill No. 847
834		-
835		-
836		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00847-
837		-	R01-SB.docx }
838		-	23 of 25
839		-
	846	+	telemarketer shall state that only the customer may authorize a change 691
840	847		in service; (3) the telemarketer shall confirm that he is speaking to the 692
841	848		customer; (4) the telemarketer shall clearly explain the proposed 693
842	849		services in detail and explain that an affirmative response will change 694
843	850		the customer's telecommunications carrier; (5) the telemarketer shall 695
844	851		obtain from the customer an affirmative response that the customer 696
845	852		agrees to a change in his primary, local or intrastate interexchange 697
846	853		carrier; and (6) the primary, local or intrastate interexchange carrier 698
847	854		change order or independent third party verification record shall 699
848	855		identify the individual with whom the telemarketer confirmed the 700
849	856		authorization to change the primary, local or intrastate interexchange 701
850	857		carrier. 702
	858	+	Raised Bill No. 847
	859	+
	860	+
	861	+
	862	+	LCO No. 4098 24 of 26
	863	+
851	864		(d) (1) A telecommunications company or its affiliate or authorized 703
852	865		representative using telemarketing to initiate the sale of 704
853	866		telecommunications services shall (A) prior to submitting a change in 705
854	867		primary, local or intrastate interexchange carriers, obtain verbal 706
855	868		authorization confirmed by an independent third party or written 707
856	869		authorization of such change from the customer, and (B) not more than 708
857	870		four business days after obtaining notification or confirmation that the 709
858	871		change in carrier has been made, send by first class mail to the 710
859	872		customer notification that the customer's primary, local or intrastate 711
860	873		interexchange carrier has been changed, along with a postpaid 712
861	874		postcard or toll-free number which the customer can use to deny 713
862	875		authorization for the change order. If the telecommunications 714
863	876		company receives a postcard or telephone call at the toll-free number 715
864	877		provided in the notification denying authorization for the change, the 716
865	878		company shall immediately notify the customer's previous carrier and 717
866	879		shall cause the customer's primary, local or intrastate interexchange 718
867	880		service to be switched back to the customer's previous carrier and 719
868	881		shall: (i) Adjust the affected customer's bill so that the customer pays 720
869	882		no more than the customer would have paid had his carrier not been 721
870	883		switched; (ii) pay the previous carrier an amount equal to all charges 722
871	884		paid by the customer after the change to the new carrier; and (iii) pay 723
872	885		the previous carrier an amount equal to all expenses assessed by the 724
873		-	local exchange company for switching the customer's primary, local or 725 Substitute Bill No. 847
874		-
875		-
876		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00847-
877		-	R01-SB.docx }
878		-	24 of 25
879		-
	886	+	local exchange company for switching the customer's primary, local or 725
880	887		intrastate interexchange service. 726
881	888		(2) It shall be an unfair or deceptive trade practice, in violation of 727
882	889		chapter 735a, for any telecommunications company to unreasonably 728
883	890		delay or deny a request by a customer to switch a customer's primary, 729
884	891		local or intrastate interexchange carrier back to the customer's previous 730
885	892		carrier. 731
886	893		(e) The authority shall adopt regulations in accordance with the 732
887	894		provisions of chapter 54 to implement the provisions in this section. 733
888	895		(f) A telecommunications company, or its affiliate or authorized 734
	896	+	Raised Bill No. 847
	897	+
	898	+
	899	+
	900	+	LCO No. 4098 25 of 26
	901	+
889	902		representative using telemarketing to initiate the sale of 735
890	903		telecommunications services, which the authority determines, after 736
891	904		notice and opportunity for a hearing as provided in section 16-41, has 737
892	905		failed to comply with the provisions of this section or section 16-256j 738
893	906		shall pay to the state a civil penalty of not more than ten thousand 739
894	907		dollars per violation.] 740
895	908		Sec. 16. Section 16-256k of the general statutes is repealed and the 741
896	909		following is substituted in lieu thereof (Effective October 1, 2019): 742
897	910		Each telephone company, as defined in section 16-1, and each 743
898	911		certified telecommunications provider, as defined in said section 16-1, 744
899	912		shall [clearly and conspicuously disclose, in writing, to customers, 745
900	913		upon subscription and annually thereafter, (1) whether the removal or 746
901	914		change in any telecommunications service will result in the loss of a 747
902	915		discount or other change in th e rate charged for any 748
903	916		telecommunications service subscribed to or used by the customer; and 749
904	917		(2) for any promotional offering filed on and after October 1, 2002, 750
905	918		with the Public Utilities Regulatory Authority pursuant to subsection 751
906	919		(e) of section 16-247f, that the offering is a promotion and will be in 752
907	920		effect for a limited period of time] comply with the federal truth in 753
908	921		billing laws pursuant to 47 USC 201(b). 754
909	922		Sec. 17. Sections 16-247k, 16-247n, 16-256c and 16-256h of the 755
910		-	general statutes are repealed. (Effective October 1, 2019) 756 Substitute Bill No. 847
911		-
912		-
913		-	LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00847-
914		-	R01-SB.docx }
915		-	25 of 25
916		-
	923	+	general statutes are repealed. (Effective October 1, 2019) 756
917	924		This act shall take effect as follows and shall amend the following
918	925		sections:
919	926
920	927		Section 1 October 1, 2019 16-18a(a)
921	928		Sec. 2 October 1, 2019 16-19(h)
922	929		Sec. 3 October 1, 2019 16-19d
923	930		Sec. 4 October 1, 2019 16-19e(f)
924	931		Sec. 5 October 1, 2019 16-19j(b)
925	932		Sec. 6 October 1, 2019 16-41(a)
926	933		Sec. 7 October 1, 2019 16-247a
927	934		Sec. 8 October 1, 2019 16-247b
	935	+	Raised Bill No. 847
	936	+
	937	+
	938	+
	939	+	LCO No. 4098 26 of 26
	940	+
928	941		Sec. 9 October 1, 2019 16-247c(c)
929	942		Sec. 10 October 1, 2019 16-247f
930	943		Sec. 11 October 1, 2019 16-247g(g)
931	944		Sec. 12 October 1, 2019 16-247s(b)
932	945		Sec. 13 October 1, 2019 16-247u
933	946		Sec. 14 October 1, 2019 16-256d
934	947		Sec. 15 October 1, 2019 16-256i
935	948		Sec. 16 October 1, 2019 16-256k
936	949		Sec. 17 October 1, 2019 Repealer section
937	950
938		-	Statement of ~~Legislative Commissioners~~:
939		-	~~In Section 7(b),~~ the ~~reference to section 16-247o~~ ~~was struck for accuracy~~
940		-	~~as such section of the general statutes is repealed~~.
	951	+	Statement of Purpose:
	952	+	To make changes to statutes regarding the regulation of voice service
	953	+	providers.
941	954
942		-	ET Joint Favorable Subst. -LCO
	955	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	956	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	957	+	not underlined.]
943	958