Bill Text: MO HB1750 | 2010 | Regular Session | Comm Sub
Bill Title: Requires certain incumbent local exchange telecommunications companies to reduce their composite intrastate switched exchange access rates annually for a period of three years as specified
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-06-24 - Delivered to Secretary of State (G) [HB1750 Detail]
Download: Missouri-2010-HB1750-Comm_Sub.html
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1750
95TH GENERAL ASSEMBLY
Reported from the Committee on Commerce, Consumer Protection, Energy and the Environment, May 3, 2010, with recommendation that the Senate Committee Substitute do pass.
TERRY L. SPIELER, Secretary.
4386S.07C
AN ACT
To amend chapter 392, RSMo, by adding thereto one new section relating to exchange access rates.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 392, RSMo, is amended by adding thereto one new section, to be known as section 392.605, to read as follows:
392.605. 1. The commission shall review the Federal Communications Commission's National Broadband Plan and make recommendations to the general assembly on how to maximize broadband development in Missouri. These recommendations shall be submitted in the form of a report to the general assembly by December 1, 2011. In developing its report, the commission shall solicit input from the public and all providers of broadband service regardless of technology. In addition to the recommendations, the report shall also provide the following analysis:
(1) Assess the current level of high-speed internet access available in Missouri, and the speeds and rates at which such access is available. This assessment shall include access that is advertised as available versus access that is actually available to consumers;
(2) Identify unserved and underserved areas in the state and identify barriers to deployment in unserved and underserved areas including economic, geographic, regulatory, and market barriers. For purposes of this section, "unserved" shall mean an area where a consumer's only access to internet service is through a dial-up connection and "underserved" shall mean an area where a consumer's only access to high-speed internet service is at a speed less than three megabits per second;
(3) Identify potential options to increase deployment of high-speed internet in both unserved and underserved areas within a period of five years at various speeds at rates that are affordable to Missouri consumers. These options may include recommendations to foster incentives for private investment to increase such deployment; and
(4) Identify potential options to increase adoption of high-speed internet service by at least seventy-five percent of Missouri consumers.
2. For a period of three years, each incumbent local exchange telecommunications company shall decrease its composite intrastate switched exchange access rates annually by six percent of the difference, as determined immediately preceding the first reduction required under this subsection, between its composite interstate switched exchange access rates and its composite intrastate switched exchange access rates, except that the provisions of this subsection shall not apply to small incumbent local exchange telecommunications companies individually serving fewer than twenty-five thousand access lines as of January 1, 2010, and the provisions of subsection 6 of section 392.361 and section 392.370 to the contrary notwithstanding, rural alternative local exchange telecommunications companies as defined in subsection 4 of this section. The first six percent reduction shall occur by December 31, 2010, and the two subsequent six percent reductions shall occur by December thirty-first of each subsequent year thereafter.
3. For purposes of this section, "broadband" and "high-speed internet" services shall be considered interstate services. Such service shall not be regulated by the commission except that the commission shall have the authority to request, and all broadband service providers, regardless of regulatory jurisdiction, shall provide, any and all data and information necessary for the commission to comply with subsection 1 of this section. Any data provided under this subsection shall be subject to the protections provided in section 386.480.
4. For purposes of this section, the term "rural alternative local exchange telecommunications company" shall be defined to include only those alternative local telecommunications companies that, as of December 31, 2009:
(1) Possess a certificate of service authority to provide basic local telecommunications services issued by the commission;
(2) Have tariffs on file with and approved by the commission for the provision of basic local telecommunications services and exchange access services;
(3) Provide basic local telecommunications services and exchange access service to at least sixty percent of their local subscribers over distribution facilities connecting end user customers to the central office which are owned by the alternative local exchange telecommunications company. For purposes of this subsection, the ownership of distribution facilities connecting end user customers to the central office shall not include facilities that are leased, such as unbundled network elements, or resold from any other person or entity; and
(4) Have more than ninety percent of their total Missouri basic local telecommunications service customers located in counties of the third class.
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