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[Utah Code Table of Contents]
[TITLE 54. Table of Contents]
54-8b-1 Title.
This chapter is known as the "Public Telecommunications
Law."
1995
54-8b-1.1 Legislative policy declarations.
The Legislature declares it is the policy of the state to:
(1) endeavor to achieve the universal service objectives of the state as set forth in Section 54-8b-11 ;
(2) facilitate access to high quality, affordable public telecommunications services to all residents and businesses in the state;
(3) encourage the development of competition as a means of providing wider customer choices for public telecommunications services throughout the state;
(4) allow flexible and reduced regulation for telecommunications corporations and public telecommunications services as competition develops;
(5) facilitate and promote the efficient development and deployment of an advanced telecommunications infrastructure, including networks with nondiscriminatory prices, terms, and conditions of interconnection;
(6) encourage competition by facilitating the sale of essential telecommunications facilities and services on a reasonably unbundled basis;
(7) seek to prevent prices for tariffed public telecommunications services or price-regulated services from subsidizing the competitive activities of regulated telecommunications corporations;
(8) encourage new technologies and modify regulatory policy to allow greater competition in the telecommunications industry;
(9) enhance the general welfare and encourage the growth of the economy of the state through increased competition in the telecommunications industry; and
(10) endeavor to protect customers who do not have competitive
choice.
1995
54-8b-2 Definitions.
As used in this chapter:
(1) (a) "Aggregator" means any person or entity that:
(i) is not a telecommunications corporation;
(ii) in the ordinary course of its business makes operator assisted services available to the public or to customers and transient users of its business or property through an operator service provider; and
(iii) receives from an operator service provider by contract, tariff, or otherwise, commissions or compensation for calls delivered from the aggregator's location to the operator service provider.
(b) "Aggregator" may include any hotel, motel, hospital, educational institution, government agency, or coin or coinless telephone service provider so long as that entity qualifies under Subsection (1)(a).
(2) "Certificate" means a certificate of public convenience and necessity issued by the commission authorizing a telecommunications corporation to provide specified public telecommunications services within a defined geographic service territory in the state.
(3) "Division" means the Division of Public Utilities established in Section 54-4a-1 .
(4) "Essential facility or service" means any portion, component, or function of the network or service offered by a provider of local exchange services:
(a) that is necessary for a competitor to provide a public telecommunications service;
(b) that cannot be reasonably duplicated; and
(c) for which there is no adequate economic alternative to the competitor in terms of quality, quantity, and price.
(5) "Federal Telecommunications Act" means the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56.
(6) "Incumbent telephone corporation" means a telephone corporation, its successors or assigns, which, as of May 1, 1995, held a certificate to provide local exchange services in a defined geographic service territory in the state.
(7) "Intrastate telecommunications service" means any public telecommunications service in which the information transmitted originates and terminates within the boundaries of this state.
(8) "Local exchange service" means the provision of telephone lines to customers with the associated transmission of two-way interactive, switched voice communication within the geographic area encompassing one or more local communities as described in maps, tariffs, or rate schedules filed with and approved by the commission.
(9) "Mobile telecommunications service" means a mobile telecommunications service:
(a) that is defined as a mobile telecommunications service in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124; and
(b) in which the information transmitted originates and terminates in one state.
(10) (a) "New public telecommunications service" means a service offered by a telecommunications corporation which that corporation has never offered before.
(b) "New public telecommunications service" does not include:
(i) a tariff, price list, or competitive contract that involves a new method of pricing any existing public telecommunications service;
(ii) a package of public telecommunications services that includes an existing public telecommunications service; or
(iii) a public telecommunications service that is a direct replacement for:
(A) a fully regulated service;
(B) an existing service offered pursuant to a tariff, price list, or competitive contract; or
(C) an essential facility or an essential service .
(11) "Operator assisted services" means services which assist callers in the placement or charging of a telephone call, either through live intervention or automated intervention.
(12) "Operator service provider" means any person or entity that provides, for a fee to a caller, operator assisted services.
(13) "Price-regulated service" means any public telecommunications service governed by Section 54-8b-2.3 .
(14) "Public telecommunications service" means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally.
(15) "Same or substitutable" with reference to a public telecommunications service means that the service is comparable to another service in terms of function, price, and quality to an end user customer.
(16) "Substantial compliance" with reference to a rule or order of the commission means satisfaction of all material obligations in a manner consistent with the rule or order.
(17) "Telecommunications corporation" means any corporation or person, and their lessees, trustees, receivers, or trustees appointed by any court, owning, controlling, operating, managing, or reselling a public telecommunications service.
(18) "Total service long-run incremental cost" means the
forward-looking incremental cost to a telecommunications
corporation caused by providing the entire quantity of a
public telecommunications service, network function, or group
of public telecommunications services or network functions,
by using forward-looking technology, reasonably available,
without assuming relocation of existing plant and equipment.
The "long-run" means a period of time long enough so that
cost estimates are based on the assumption that all inputs
are variable.
2002
54-8b-2.1 Competitive entry.
(1) Notwithstanding any provision of Section 54-4-25 to the contrary, the commission may issue a certificate to a telecommunications corporation authorizing it to compete in providing local exchange services or other public telecommunications services in all or part of the service territory of an incumbent telephone corporation, except until December 31, 1997, a telecommunications corporation may not receive a certificate to compete in providing local exchange service within any local exchange with fewer than 5,000 access lines that is owned or controlled by an incumbent telephone corporation with fewer than 30,000 access lines in the state. The procedure specified in Subsection (3)(c) for excluding competition within a local exchange with fewer than 5,000 access lines shall apply on December 31, 1997 or thereafter.
(2) The commission shall issue a certificate to the applying telecommunications corporation if the commission determines that:
(a) the applicant has sufficient technical, financial, and managerial resources and abilities to provide the public telecommunications services applied for; and
(b) the issuance of the certificate to the applicant is in the public interest.
(3) (a) The commission shall process the application in accordance with Title 63, Chapter 46b, Administrative Procedures Act.
(b) Each telecommunications corporation holding a certificate to provide public telecommunications service within the geographic area where an applicant is seeking to provide telecommunications service shall be provided notice of the application and granted automatic status as an intervenor.
(c) An intervening incumbent telephone corporation serving fewer than 30,000 access lines in the state may petition the commission to exclude from an application filed pursuant to Subsection (1) any local exchange with fewer than 5,000 access lines that is owned or controlled by the intervening incumbent telephone corporation. Upon finding that the action is consistent with the public interest, the commission shall order that the application exclude such local exchange.
(d) The commission shall approve or deny the application under this section within 240 days after it is filed. If the commission has not acted on an application within 240 days, the application is considered granted.
(4) If the commission issues a certificate to a competitive telecommunications corporation to provide local exchange services in a local exchange that has fewer than 5,000 lines and that is controlled by an incumbent telephone corporation with fewer than 30,000 access lines in the state, the commission shall impose an obligation upon the competitive telecommunications corporation to provide public telecommunications services to any customer or class of customers who requests service within the local exchange. The competing telecommunications corporation's obligation to serve shall be no greater than that of the incumbent telephone corporation.
(5) An incumbent telephone corporation with fewer than
30,000 access lines in the state may not be required to become
a carrier of intrastate toll services.
1995
54-8b-2.2 Interconnection.
(1) (a) (i) The commission may require any telecommunications corporation to interconnect its essential facilities with another telecommunications corporation that provides public telecommunications services in the same, adjacent, or overlapping service territory.
(ii) Interconnecting telecommunications corporations shall permit the mutual exchange of traffic between their networks without unreasonable blocking or other unreasonable restrictions on the flow of traffic. In determining unreasonable blocking or unreasonable restrictions, the commission shall, among other things, take into account the necessity and time required for adapting the network to respond to significant changes in usage patterns.
(b) (i) Whenever the commission grants a certificate to one or more telecommunications corporations to provide public telecommunications services in the same or overlapping service territories, all telecommunications corporations providing public telecommunications services in the affected area shall have the right to interconnect with the essential facilities and to purchase the essential services of all other certificate holders operating in the same area on a nondiscriminatory and reasonably unbundled basis.
(ii) Each telecommunications corporation shall permit access to and interconnection with its essential facilities and the purchase of its essential services on terms and conditions, including price, no less favorable than those the telecommunications corporation provides to itself and its affiliates.
(c) Nothing in this section shall prevent a telecommunications corporation from entering into nondiscriminatory agreements for interconnection with its essential facilities and the purchase and sale of essential services.
(d) (i) A telecommunications corporation shall file with the commission the prices, terms, and conditions of any agreement it makes for the interconnection of essential facilities or the purchase or sale of essential services.
(ii) The agreement shall take effect ten days after filing.
(iii) Each telecommunications corporation shall allow any other telecommunications corporation to obtain interconnection with its essential facilities and to purchase essential services on prices, terms, and conditions no less favorable than those on file with the commission.
(e) If there is a dispute over interconnection of essential facilities, the purchase and sale of essential services, or the planning or provisioning of facilities or unbundled elements, one or both of the disputing parties may bring the dispute to the commission, and the commission, by order, shall resolve the dispute on an expedited basis.
(f) It is not a discriminatory pricing practice to vary prices to reflect genuine cost differences.
(2) (a) The commission shall adopt rules or issue an interim order which implements by December 31, 1996, the competitive provision of facilities-based intraLATA toll and local exchange services.
(b) The rules or interim order shall address those issues the commission determines are essential for a competing telecommunications corporation to provide intraLATA toll and local exchange services and necessary to protect the public interest, including the interconnection with essential facilities and the purchase and sale of essential services of telecommunications corporations authorized to provide public telecommunications services in the same or overlapping service territories on a nondiscriminatory and reasonably unbundled basis.
(3) (a) By December 31, 1997, the commission shall adopt additional rules or issue a final order to implement the competitive provision of facilities-based intraLATA toll and local exchange services.
(b) The rules or final order shall address other issues relating to:
(i) competition for intraLATA toll and local exchange services;
(ii) blocking, timing of provisioning of unbundled elements, and service quality standards for interconnecting carriers;
(iii) the transition to a competitive market; and
(iv) the protection of the public interest.
(4) Nothing in this section shall require or prohibit the commission from ordering changes in dialing patterns for intraLATA toll services.
(5) If the commission, by order, approves the application of a telecommunications corporation to provide public telecommunications services in all or part of the service territory certificated to an incumbent telephone corporation before the adoption of the rules or final order described in Subsection (3), the commission may:
(a) order the interconnection of essential facilities and the purchase and sale of the essential services of a telecommunications corporation with those of a competing telecommunications corporation on such terms and conditions and to the extent necessary to allow the competing telecommunications corporation to operate under authority granted by the commission; and
(b) address and resolve, by order, other issues necessary
for the competitive provision of intraLATA toll and local
exchange services.
1997
54-8b-2.3 Pricing flexibility.
(1) (a) A telecommunications corporation that obtains a certificate to compete with the incumbent telephone corporation in a defined geographic area pursuant to Section 54-8b-2.1 may price any public telecommunications services it is authorized to offer, or any new public telecommunications service, by means of a price list or competitive contract.
(b) Before the telecommunications corporation begins providing any authorized public telecommunications service, it shall notify the commission of its intent to begin providing the service and the defined geographic area in which it will provide the service.
(2) (a) Notwithstanding other requirements of this chapter relating to pricing flexibility, an incumbent telephone corporation may offer retail end user public telecommunications services by means of a price list or competitive contract as provided in Subsections (2)(b) and (c).
(b) (i) An incumbent telephone corporation may petition the commission for pricing flexibility in:
(A) any proceeding in which another telecommunications corporation has petitioned the commission for a certificate to provide specified public telecommunications services in a defined geographic area that is within the incumbent telephone corporation's service territory; or
(B) an independent proceeding after the other telecommunications corporation has been certificated to provide specified public telecommunications services in a defined geographic area that is within the incumbent telephone corporation's service territory.
(ii) In the proceeding, the commission shall, by order, grant pricing flexibility to the incumbent telephone corporation for the same or substitutable public telecommunications services in the same defined geographic area.
(iii) Pricing flexibility for any public telecommunications service shall become effective in accordance with the procedure in Subsection (2)(b)(iv) when the following conditions are met:
(A) the commission has issued a certificate to the competing telecommunications corporation;
(B) the competing telecommunications corporation has begun providing the authorized public telecommunications service in the defined geographic area;
(C) the incumbent telephone corporation, by written agreement, stipulation, or pursuant to an order of the commission, has allowed the competing telecommunications corporation to interconnect with the essential facilities and to purchase essential services of the incumbent telephone corporation; and
(D) the incumbent telephone corporation is in substantial compliance with the rules and orders of the commission adopted or issued under Section 54-8b-2.2 .
(iv) (A) The commission shall enter its final order either granting or denying a petition for pricing flexibility under Subsection (2)(b) within 90 days of the date the incumbent telephone corporation files its petition seeking pricing flexibility.
(B) If the commission has not entered an order within 90 days of the date the petition is filed, the petition shall be considered granted.
(C) Pricing flexibility shall be effective 45 days following the granting of a petition for pricing flexibility under Subsection (2)(b) unless the commission orders an earlier effective date.
(c) An incumbent telephone corporation may price any new public telecommunications service by means of a price list or competitive contract.
(3) The commission may review any new public telecommunications service offered by an incumbent telephone corporation after the applicable tariff, price list, or competitive contract has taken effect.
(4) Each price list shall:
(a) be filed with the commission;
(b) describe the public telecommunications service;
(c) set forth the basic terms and conditions upon which the public telecommunications service is offered; and
(d) list the prices to be charged for the public telecommunications service or the basis on which the services will be priced.
(5) Prices, terms, and conditions offered under price lists or competitive contracts that are different from tariff prices, terms, and conditions for the same services are not considered discriminatory under Section 54-3-8 and Subsection 54-8b-3.3 (2).
(6) A price list filed with the commission under this section shall take effect five days after it is filed with the commission.
(7) The prices, terms, and conditions of a public telecommunications service offered by a telecommunications corporation pursuant to a competitive contract with a retail customer shall be filed with the commission.
(8) The commission may, as determined necessary to protect the public interest, set an upper limit on the price that may be charged by telecommunications corporations for public telecommunications services that may be priced by means of a price list or competitive contract.
(9) (a) The commission may revoke the authority of a telecommunications corporation to offer a public telecommunications service pursuant to a price list or competitive contract if the commission finds:
(i) (A) the telecommunications corporation has violated statutes or rules applicable to the specific service;
(B) there has been a material and substantial change in the level of competition; or
(C) competition has not developed; and
(ii) revocation is in the public interest.
(b) The party asserting that revocation should occur shall bear the burden of proof.
(10) The commission shall establish rules or procedures
to protect confidential, proprietary, and competitively sensitive
information provided to the commission or the division pursuant
to this section.
2000
54-8b-2.4 Price regulation - Price index - Maximum prices.
(1) The Legislature finds that:
(a) traditional rate of return regulation cannot guarantee that customers who do not have the choice of alternative providers will be protected from the economic responsibility for making up for an incumbent telephone corporation's competitive losses or from providing for the recovery of past, regulated investments;
(b) the method of regulation set forth in this section will provide better protection to customers who lack competitive choices than does traditional rate of return regulation; and
(c) before moving from traditional rate of return regulation, it is essential the commission address issues relating to the movement of prices towards cost and removing subsidies in the existing price structure of incumbent telephone corporations to encourage competition for all telecommunications services.
(2) (a) Effective May 1, 1997, any incumbent telephone corporation with more than 30,000 access lines in the state shall be regulated pursuant to this section and may not be regulated on the basis of rate of return or any similar method of regulation that is based on the earnings of the incumbent telephone corporation, except as provided in this section.
(b) Any incumbent telephone corporation serving fewer than 30,000 access lines in the state may petition the commission to be regulated under price regulation rather than traditional rate of return regulation. In adopting price regulation for incumbent telephone corporations with fewer than 30,000 access lines, the commission may modify the provisions of this section taking into consideration the individual circumstances of the incumbent telephone corporation seeking price regulation.
(3) Any general rate proceeding for an incumbent telephone corporation with more than 30,000 access lines in the state initiated before May 1, 1997, shall be based on a 1996 test period and shall be conducted under the principles of traditional rate of return regulation, even though the final order in the case is not issued until May 1, 1997, or thereafter.
(4) (a) The prices of tariffed telecommunications services offered by an incumbent telephone corporation with more than 30,000 access lines in the state may not increase during the three-year period commencing with the date of the final order in the last rate case initiated before May 1, 1997. The prices of services offered pursuant to a price list or competitive contract shall be governed by Section 54-8b-2.3 .
(b) Notwithstanding Subsection (4)(a), prices may increase pursuant to any prices established in a final order of the commission for a rate proceeding initiated before May 1, 1997, or the adjustment of those prices as a result of an appeal or remand of the final order.
(5) (a) Effective at the end of the three-year period specified in Subsection (4), the commission shall adjust the maximum prices for the tariffed public telecommunications services of the incumbent telephone corporation according to an aggregate price index or price indices associated with groups of services. The aggregate price index or price indices shall be adjusted annually to reflect the effects of inflation, productivity, and exogenous factors and to maintain an appropriate level of service quality. The precise manner of annual adjustment of the aggregate price index or price indices shall be developed by the commission after notice and a hearing and before the end of the three-year period.
(b) Factors in the price index or price indices may also include the following:
(i) any removal of subsidies in the existing price structure of the incumbent telephone corporation required by federal or state law or approved by the commission;
(ii) the impact of alteration in asset lives to better reflect changes in the economic lives of plant and equipment approved by the commission consistent with Section 54-7-12.1 ;
(iii) changes in rules of the Federal Communications Commission, including rules with regard to the separation of interstate and intrastate revenues, expenses, or investments adopted by the commission;
(iv) changes in tax rates applied to the incumbent telephone corporation;
(v) any other change external to the business operations of the incumbent telephone corporation resulting from:
(A) accounting rules adopted by the Financial Accounting Standards Board and approved by the commission; or
(B) laws or rules enacted or adopted by a governmental entity having jurisdiction; or
(vi) any other extraordinary events not reasonably foreseeable as of April 30, 1997.
(c) If the maximum price of any tariffed public telecommunications service, including residential telephone service:
(i) is equal to or below the price floor for the service as determined under Subsection 54-8b-3.3 (3), the maximum price may not be lowered through application of any price index determined under this Subsection (5); or
(ii) is above the price floor for the service as determined under Subsection 54-8b-3.3 (3), the maximum price may not be lowered below the price floor through application of any price index determined under this Subsection (5).
(d) The price floor for a service shall be determined in the same manner for purposes of Subsection (5)(c) as it is for other purposes under Subsection 54-8b-3.3 (3).
(6) (a) The incumbent telephone corporation may decrease the price of a tariffed telecommunications service subject to the limitation in Section 54-8b-3.3 .
(b) Any decrease in price shall be made by filing a tariff
with the commission. The decrease shall become effective
30 days after filing.
2000
54-8b-2.5 Report to governor and Legislature.
Beginning October 15, 1998, and annually thereafter, the
commission shall submit a report to the governor, Legislature,
the Public Utilities and Technology Interim Committee, and
Utah Technology Commission on the state of the telecommunications
industry and make recommendations for any regulatory changes
necessary to achieve the policy of the state as set forth
in Section
54-8b-1.1
. The commission shall determine criteria to
be used to evaluate the performance of price regulation and
the information necessary to conduct the evaluation.
2003
54-8b-3 Exemptions from requirements.
(1) The commission, on its own initiative or in response to an application by a telecommunications corporation, a public agency, or a user of a public telecommunications service, may, after public notice and a hearing, issue an order exempting any telecommunications corporation or public telecommunications service from any requirement of this title, including any requirement or limitation relating to a telecommunication corporation's earnings, rate base, or pricing of public telecommunications services.
(2) The commission shall specify in the order any requirements, terms, or conditions which may apply to any exemption.
(3) An exemption may be granted for the entire service territory of a telecommunications corporation or for a specific geographic area of the service territory.
(4) The commission may issue an order for an exemption only if it finds that:
(a) the telecommunications corporation or service is subject to effective competition; and
(b) the exemption is in the public interest.
(5) In determining if the telecommunications corporation or service is subject to effective competition, the commission shall consider all relevant factors, which may include:
(a) the extent to which competing telecommunications services are available from alternative telecommunications providers;
(b) the ability of alternative telecommunications providers to offer competing telecommunications services that are functionally equivalent or substitutable and reasonably available at comparable prices, terms, quality, and conditions;
(c) the market share of the telecommunications corporation for which an exemption is proposed;
(d) the extent of economic or regulatory barriers to entry;
(e) the impact of potential competition; and
(f) the type and degree of exemptions to this title that are proposed.
(6) In determining if the proposed exemption is in the public interest, the commission shall consider, in addition to other relevant factors, the impact the proposed exemption would have on captive customers of the telecommunications corporation.
(7) (a) The commission shall approve or deny any application for exemption under this section within 240 days, except that the commission may by order defer action for an additional 30-day period.
(b) If the commission has not acted on any application
within the permitted time period, the application is considered
granted.
1995
54-8b-3.3 Services which must be offered on a nondiscriminatory basis - Tariffed public telecommunications services and price-regulated services to be cost-based - Packaged services - Price floor for all services - Quality of service standards.
(1) As used in this section, "cost-based" means that the prices for the telecommunications services shall be established after taking into consideration the total service long-run incremental cost of providing the service. The term "cost-based" does not prevent the establishment of prices that promote the universal availability of service in the state.
(2) Notwithstanding any other provision of this chapter:
(a) no telecommunications corporation with more than 30,000 access lines in the state and which provides a tariffed public telecommunications service or a price-regulated service shall:
(i) as to the pricing and provisioning of the tariffed public telecommunications service or price-regulated service, make or grant any undue or unreasonable preference or advantage to any person, corporation, or locality; or
(ii) in providing services which utilize the local exchange network:
(A) make or give any undue or unreasonable preference or advantage to any person, corporation, or locality; or
(B) subject any person, corporation, or locality to any undue or unreasonable prejudice or disadvantage;
(b) tariffed public telecommunications services and price-regulated services provided by a telecommunications corporation with more than 30,000 access lines in the state shall be nondiscriminatory, cost-based, and subject to resale as determined by the commission; and
(c) tariffed public telecommunications services and price-regulated services may be packaged with other services, so long as they are also offered on a separate, unbundled basis.
(3) An incumbent telephone corporation may not price any public telecommunications service at a level which is less than the sum of:
(a) the total service long-run incremental cost of nonessential facilities used to provide the public telecommunications service in a particular geographic area; and
(b) the price of essential facilities used to provide the public telecommunications service in a particular defined geographic area.
(4) Subsection (3) does not require that the price of residential telephone service which is priced below its total service long-run incremental cost on May 1, 1995, be increased. However, the price of any service that is below its total service long-run incremental cost may be increased annually as provided in Section 54-8b-2.4 .
(5) The commission shall examine the total service long-run incremental cost studies of an incumbent telephone corporation's public telecommunications services as needed to insure compliance with this section.
(6) (a) In order to promote continued investment in the public telecommunications network by incumbent telephone corporations and to improve the quality of service for end users in areas where competition has not developed, by September 30, 2000, the commission shall adopt rules governing service quality standards to end users for all tariffed public telecommunications services.
(b) The commission shall have the authority to enforce the rules adopted under this Subsection (6) by granting billing credits to the affected end user where the noncompliance is for reasons within the incumbent telephone corporation's control.
(c) The commission shall report annually to the Legislature concerning investment by incumbent telephone corporations in the public telecommunications network in their service areas and the quality of service to end users of tariffed public telecommunications services.
(d) An incumbent telephone corporation with less than
30,000 access lines in the state is exempt from this Subsection
(6).
2000
54-8b-4.5 Commission order - Negotiated provisions of services - Contracts under this section.
(1) (a) The commission may enter an order partially or wholly exempting any public telecommunications service from any requirement of this title relating to rates, tariffs, or fares.
(b) The commission may authorize the provision of all or any portion of a public telecommunications service under stated or negotiated terms to any person that is committed to the acquisition of comparable telecommunications services from an alternative source of supply through construction, lease, or any other form of acquisition.
(2) An incumbent telephone corporation may negotiate with the person or entity within the incumbent telephone corporation's service territory for the provision of retail end user public telecommunications services without regard to the provisions of any tariffs on file and approved by the commission, or any price list or competitive contract filed under Section 54-8b-2.3 with the commission but any rate, toll, fare, rental, charge, or classification of service in such contracts shall comply with Subsection 54-8b-3.3 (3).
(3) (a) Within ten days after the conclusion of the negotiations and prior to the execution of a contract under this section, the incumbent telephone corporation shall file with the commission the proposed final agreements and other evidence of the public telecommunications services to be provided, together with the charges and other conditions of the service.
(b) (i) The commission may approve or deny an application, or begin adjudicative proceedings to consider approval of a contract under this section within 30 days of the filing of the application by the incumbent telephone corporation.
(ii) If the commission begins adjudicative proceedings, the contract is effective when the commission orders that it is effective.
(iii) If the commission fails to approve a contract under this section, or fails to begin adjudicative proceedings within 30 days, the final contract is effective.
(c) In determining whether or not to approve a contract under this section, the commission shall consider all relevant factors, including, whether or not the contract for any rate, toll, fare, rental, charge, or classification of service:
(i) complies with Subsection 54-8b-3.3 (3);
(ii) provides for adequate service at just and reasonable rates.
(d) After a contract under this section has become effective, if the incumbent telephone corporation is not subject to maximum price regulation for tariffed public telecommunications services under Section 54-8b-2.4 , the commission shall in the next general rate case for that incumbent telephone corporation:
(i) review the contract for consistency with the factors stated in this subsection; and
(ii) make any adjustment in its rate order, including retroactive adjustments, that are necessary to avoid cross subsidization from other regulated intrastate telecommunications services.
(4) Any incumbent telephone corporation that provides public telecommunications services pursuant to a contract under this section may not offer the services under contract in a manner that unfairly discriminates between similarly situated customers.
(5) Subject to Subsection (4), terms and conditions offered
in contracts under this section that are different from tariff
terms and conditions for the same services are not considered
discriminatory under Section
54-3-8
and Subsection
54-8b-3.3
(2).
1997
54-8b-6 Prohibition on subsidization of telecommunications services.
A telecommunications corporation providing intrastate
public telecommunications services may not subsidize its
intrastate telecommunications services which are exempted
from regulation or offered pursuant to a price list or competitive
contract under authority of this chapter with proceeds from
its other intrastate telecommunications services not so exempted
or made subject to a price list or competitive contract.
Similarly, proceeds from intrastate telecommunications services
which are exempted from regulation or offered pursuant to
a price list or competitive contract as authorized by this
chapter may not subsidize other intrastate telecommunications
services not so exempted or made subject to a price list
or competitive contract.
1995
54-8b-7 Continuous jurisdiction of commission - Orders.
The commission shall retain continuous jurisdiction over
every telecommunications corporation or public telecommunications
service exempted under this chapter and may exercise any
statutory grant of power pertaining thereto, including the
power to revoke or modify any order approving an exemption
from regulation. The commission may, after notice and hearing,
revoke or modify an order approving exemption, if after considering
the factors in Subsection
54-8b-3
(5), the commission finds such modification
or revocation to be in the public interest.
1992
54-8b-8 Antitrust and restraint of trade laws not affected by chapter.
Nothing in this chapter shall in any way preempt, modify,
exempt, abrogate, or otherwise affect any right, cause of
action, liability, duty, or obligation arising from any federal,
state, or local law governing unfair business practices or
antitrust, restraint of trade, or other anti-competitive
activity.
1985
54-8b-9 Commission's jurisdiction under other provisions of title not enlarged or reduced by chapter.
(1) Nothing in this chapter shall be construed to enlarge or reduce the commission's jurisdiction over the services and entities for which jurisdiction is provided or excluded by other provisions of this title.
(2) Nothing in this chapter shall be construed to enlarge the commission's jurisdiction over:
(a) providers of:
(i) cellular or wireless telecommunications services; or
(ii) the one-way transmission to subscribers of video programming and the subscriber interaction, if any, which is required for the selection of the video programming; or
(b) telecommunications companies classified as cooperatives.
(3) Nothing in this chapter shall diminish the commission's
authority to regulate the quality of telecommunications services
provided by telecommunications corporations.
1995
54-8b-10 Imposing a surcharge to provide hearing and speech impaired persons with telecommunication devices - Definitions - Procedures for establishing program - Surcharge - Administration and disposition of surcharge moneys.
(1) As used in this section:
(a) "Certified deaf or severely hearing or speech impaired person" means any state resident who is so certified by a licensed physician, otolaryngologist, speech language pathologist, audiologist, or qualified state agency and who also qualifies for assistance under any low income public assistance program administered by a state agency.
(b) "Telecommunication device" means any mechanical telephone adaptation device which enables a deaf or severely hearing or speech impaired person to use the telephone and which includes, but is not limited to:
(i) telecommunication devices for the deaf (TDD);
(ii) telephone amplifiers;
(iii) telephone signal devices;
(iv) artificial larynxes; and
(v) adaptive equipment for TDD keyboard access.
(2) The commission shall hold hearings to establish a program whereby any certified deaf or severely hearing or speech impaired customer of a telephone corporation which provides service through a local exchange may obtain a telecommunication device capable of serving the customer at no charge to him beyond the rate for basic service.
(3) The program shall provide a dual party relay system using third party intervention to connect a certified deaf or severely hearing or speech impaired person with a normal hearing person by way of telecommunication devices designed for that purpose.
(4) The commission shall impose a surcharge on each residence and business access line of each customer to the local exchange of any telephone corporation providing such lines in this state to cover the costs of the program. The commission shall establish by rule the amount to be charged, which may not exceed 25 cents per residence and business access line. The telephone corporation shall collect the surcharge from its customers and transfer the money collected to the commission under rules adopted by the commission. The surcharge shall be separately identified on customer bills.
(5) Any money collected from the surcharge imposed under Subsection (4) shall be deposited in the state treasury as nonlapsing dedicated credits to be administered as determined by the Public Service Commission. These dedicated credits may be used only:
(a) for the purchase, maintenance, repair, and distribution of the devices for telecommunication;
(b) for the acquisition, operation, maintenance, and repair of a dual party relay system;
(c) to reimburse telephone corporations for the expenses incurred in collecting and transferring to the commission the surcharge imposed by the commission;
(d) for the general administration of the program; and
(e) to train persons in the use of the devices.
(6) The telephone surcharge need not be collected by a local exchange company if the amount collected would be less than the actual administrative costs of the collection. In that case, the local exchange company shall submit to the commission, in lieu of the revenue from the surcharge collection, a breakdown of the anticipated costs and the expected revenue from the collection, showing that the costs exceed the revenue.
(7) The commission shall solicit the advice, counsel,
and physical assistance of severely hearing or speech impaired
persons and the organizations serving them in the design
and implementation of the program.
1997
54-8b-11 Establishing just and reasonable rates.
In administering this title, the commission shall endeavor
to make available high-quality, universal telecommunications
services at just and reasonable rates for all classes of
customers throughout this state.
1989
54-8b-13 Rules governing operator assisted services.
(1) The commission shall make rules to implement the following requirements pertaining to the provision of operator assisted services:
(a) Rates, surcharges, terms, or conditions for operator assisted services shall be provided to customers upon request without charge.
(b) A customer shall be made aware, prior to incurring any charges, of the identity of the operator service provider handling the operator assisted call by a form of signage placed on or near the telephone or by verbal identification by the operator service provider.
(c) Any contract between an operator service provider and an aggregator shall contain language which assures that any person making a telephone call on any telephone owned or controlled by the aggregator or operator service provider can access:
(i) where technically feasible, any other operator service provider operating in the relevant geographic area; and
(ii) the public safety emergency telephone numbers for the jurisdiction where the aggregator's telephone service is geographically located.
(d) No operator service provider shall transfer a call to another operator service provider unless that transfer is accomplished at, and billed from, the call's place of origin. If such a transfer is not technically possible, the operator service provider shall inform the caller that the call cannot be transferred as requested and that the caller should hang up and attempt to reach another operator service provider through the means provided by that other operator service provider.
(2) (a) The Division of Public Utilities shall be responsible for enforcing any rule adopted by the commission under this section.
(b) If the Division of Public Utilities determines that any person, or any officer or employee of any person, is violating any rule adopted under this section, the division shall serve written notice upon the alleged violator which:
(i) specifies the violation;
(ii) alleges the facts constituting the violation; and
(iii) specifies the corrective action to be taken.
(c) After serving notice as required in Subsection (b), the division may request the commission to issue an order to show cause. After a hearing, the commission may impose penalties and, if necessary, may request the attorney general to enforce the order in district court.
(3) (a) Any person who violates any rule made under this section or fails to comply with any order issued pursuant to this section is subject to a penalty not to exceed $2,000 per violation.
(b) In the case of a continuing violation, each day that the violation continues constitutes a separate and distinct offense.
(4) A penalty assessment under this section does not relieve the person assessed from civil liability for claims arising out of any act which was a violation of any rule under this section.
1990
54-8b-14 Intrastate interexchange toll service prices.
(1) Prices for intrastate interexchange message toll services transmitted between two specific points shall be the same regardless of the point of origin.
(2) Subsection (1) applies only to services provided by
telecommunications corporations subject to the jurisdiction
of the commission.
1995
54-8b-15 Universal Public Telecommunications Service Support Fund - Established.
(1) For purposes of this section:
(a) "Basic telephone service" means local exchange service and may include such other functions and elements, if any, as the commission determines to be eligible for support by the fund.
(b) "Fund" means the Universal Public Telecommunications Service Support Fund established in this section.
(2) The commission shall establish a restricted special revenue fund known as the "Universal Public Telecommunications Service Support Fund," which is to be implemented by January 1, 1998.
(3) The commission shall:
(a) institute a proceeding within 30 days of the effective date of this section to establish rules governing the administration of the fund; and
(b) issue those rules by October 1, 1997.
(4) The rules in Subsection (3) shall be consistent with the Federal Telecommunications Act.
(5) Operation of the fund shall be nondiscriminatory and competitively and technologically neutral in the collection and distribution of funds, neither providing a competitive advantage for, nor imposing a competitive disadvantage upon, any telecommunications provider operating in the state.
(6) The fund shall be designed to:
(a) promote equitable cost recovery of basic telephone service through the imposition of just and reasonable rates for telecommunications access and usage; and
(b) preserve and promote universal service within the state by ensuring that customers have access to affordable basic telephone service.
(7) To the extent not funded by a federal universal service fund or other federal jurisdictional revenues, the fund shall be used to defray the costs, as determined by the commission, of any qualifying telecommunications corporation in providing public telecommunications services to:
(a) customers that qualify for a commission-approved lifeline program; and
(b) customers, where the basic telephone service rate considered affordable by the commission in a particular geographic area is less than the costs, as determined by the commission for that geographic area, of basic telephone service.
(8) The fund shall be portable among qualifying telecommunications corporations. Requirements to qualify for funds under this section shall be defined by rules established by the commission.
(9) As necessary to accomplish the purposes of this section, the fund shall provide a mechanism for specific, predictable, and sufficient funds in addition to those provided under the federal universal service fund.
(10) (a) Subject to Subsection (10)(b):
(i) each telecommunications corporation that provides intrastate public telecommunication service shall contribute to the fund on an equitable and nondiscriminatory basis;
(ii) for purposes of funding the fund, the commission shall have the authority to require all corporations that provide intrastate telecommunication services in this state to contribute monies to the fund through explicit charges determined by the commission;
(iii) any charge described in Subsection (10)(a)(ii) may not apply to wholesale services, including access and interconnection; and
(iv) charges associated with being a provider of public telecommunications service shall be in the form of end-user surcharges applied to intrastate retail rates.
(b) A telecommunications corporation that provides mobile telecommunications service shall contribute to the fund only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
(11) Nothing in this section shall be construed to enlarge or reduce the commission's jurisdiction or authority, as provided in other provisions of this title.
(12) Any telecommunications corporation failing to make contributions to this fund or failing to comply with the directives of the commission concerning its books, records, or other information required to administer this section shall be subject to applicable penalties.
(13) The commission shall have a bill prepared for the
1998 General Session of the Legislature to place in statute
as much of the regulation implemented by rule pursuant to
the act the commission believes is practicable.
2002
54-8b-16 Public Service Commission authority to enforce interconnection service quality standards and interconnection agreements - Grounds for filing complaint.
(1) For purposes of this section, "interconnection service quality standards" means specific, measurable criteria that shall be applied to a telecommunications corporation, including obligations pursuant to Section 251 of the Federal Telecommunications Act, regarding the telecommunications corporation's provision of or request for:
(a) interconnection services;
(b) services for resale;
(c) unbundled network elements; and
(d) access to operations support systems that support those services and elements.
(2) To serve the public interest and to enable the development and growth of competition within the telecommunications market in the state, the commission shall, by order when considered necessary by the commission, enforce:
(a) rules regarding interconnection service quality standards adopted by the commission under authority of this chapter;
(b) a commission approved interconnection agreement pursuant to Sections 251 and 252 of the Federal Telecommunications Act; and
(c) a statement of generally available terms under Section 252(f) of the Federal Telecommunications Act.
(3) An aggrieved party may file a complaint under Subsection 54-8b-2.2 (1)(e) with the commission for a violation of:
(a) the terms of the commission's interconnection service quality rules;
(b) the terms or conditions of an interconnection agreement;
(c) a statement of generally available terms; or
(d) a telecommunications corporations' obligations under the Federal Telecommunications Act.
(4) In a proceeding described in Subsection (3), the commission shall have the power to enforce:
(a) the terms of the interconnection agreement;
(b) the commission's interconnection service quality rules;
(c) the statement of generally available terms; or
(d) the telecommunications corporation's obligations pursuant
to the Federal Telecommunications Act.
1998
54-8b-17 Procedures for enforcement of interconnection service quality - Penalties for violation - Funds collected.
(1) Proceedings under Subsection 54-8b-2.2 (1)(e) shall be conducted in accordance with the following procedure:
(a) The complaint shall be served upon the defendant telecommunications corporation and filed with the commission. A copy of the complaint shall also be served upon the Division of Public Utilities.
(b) An answer or other responsive pleading to the complaint shall be filed with the commission not more than ten days after receipt of service of the complaint. Copies of the answer or responsive pleading shall be served on the complainant and the Division of Public Utilities.
(c) A prehearing conference shall be held not later than ten days after the complaint is filed.
(d) (i) The commission shall commence a hearing on the complaint not later than 25 days after the complaint is filed, unless the commission finds that extraordinary conditions exist that warrant postponing the hearing date, in which case the commission shall commence the hearing as soon as practicable.
(ii) Parties shall be entitled to present evidence as provided by the commission's rules.
(e) The commission shall take final action on a complaint not more than 45 days after the complaint is filed unless:
(i) the commission finds that extraordinary conditions exist that warrant extending final action, in which case the commission shall take final action as soon as practicable; or
(ii) the parties agree to an extension of final action by the commission.
(2) The commission shall have the enforcement powers listed in Subsection (3) if, in the proceeding, the commission finds that:
(a) the telecommunications corporation has violated the terms of the commission's interconnection service quality rules;
(b) the telecommunications corporation has breached its obligations under the provisions of the Federal Telecommunications Act;
(c) either party to an approved interconnection agreement has violated the terms of the agreement; or
(d) either party has violated the terms of a statement of generally available terms.
(3) If the commission makes any of the findings described in Subsection (2), the commission shall:
(a) order the telecommunications corporation to:
(i) remedy the violation; and
(ii) comply, as applicable, with the terms of the commission's interconnection service quality rules, the interconnection agreement, or statement of generally available terms;
(b) if considered appropriate by the commission, prescribe the specific actions that the telecommunications corporation must take to remedy its violation, including a time frame for compliance and the submission of a plan to prevent future violations;
(c) if considered appropriate by the commission, impose a penalty on the defendant telecommunications corporation subject to the following:
(i) if the violation is of the duties imposed under Section 54-8b-2.2 or 54-8b-16 , the commission may impose a penalty for such violation as provided in Section 54-7-25 ; or
(ii) if the violating telecommunications corporation is other than an incumbent telephone corporation with fewer than 50,000 access lines in this state, and the violation is of a duty imposed under an interconnection agreement, a statement of generally available terms, or the obligations of Section 251 of the Federal Telecommunications Act, the commission may impose a penalty subject to the following:
(A) if the commission finds that the violation was willful or intentional, the penalty may be in an amount of up to $5,000 per day and the period for which the penalty is levied shall commence on the date the commission finds the violation to have first occurred through and including the date the violation is corrected; or
(B) if the commission finds that the violation was not willful or intentional, the penalty may be in an amount prescribed by Section 54-7-25 and the period for which the penalty is levied shall commence on the day after the deadline for compliance in the commission's order.
(4) (a) The commission shall have the authority, on its own or at the request of the injured telecommunications corporation, to investigate a party's compliance with the commission's order under Subsection (3)(c)(ii).
(b) If corrective or remedial action acceptable to the commission is not completed:
(i) 45 days after the deadline set by the commission, the commission may increase the penalty up to $10,000 per violation per day for a willful or intentional violation; or
(ii) 90 days after the deadline set by the commission, the commission may increase the penalty up to $4,000 per violation per day for a violation that is not willful or intentional.
(5) (a) The penalty under Subsection (3)(c) shall be in addition to, and not in lieu of, civil damages or other remedies that may be available to the injured party.
(b) In determining the amount of the penalty or the amount agreed to in compromise, the commission shall consider:
(i) the appropriateness of the penalty to the size of the violating party;
(ii) the gravity of the violation;
(iii) the good faith of the defendant telecommunications corporation in attempting to achieve compliance after notification of the violation;
(iv) the impact of the violation to the establishment of competition; and
(v) the actual economic harm incurred by the plaintiff telecommunications corporation.
(c) Each day of a continuing violation or a failure to comply is a separate offense for purposes of levying a penalty under this section.
(6) All funds collected under this section shall go into
the Universal Public Telecommunications Service Support Fund
established under Section
54-8b-15
, and shall be in addition to any contributions
required of a telecommunications corporation under that section.
1998
54-8b-18 Definitions - Unauthorized change of telecommunications provider - Unauthorized charges - Procedures for verification - Penalties - Authority of commission.
(1) For purposes of this section:
(a) "Agents" includes any person, firm, or corporation representing a telecommunications corporation for purposes of requesting a change in a subscriber's telecommunications provider, but does not include a local service provider when executing a request submitted by another service provider or its agents.
(b) "Freeze" means a directive from a subscriber to retain the provider of public telecommunications services selected by the subscriber until the subscriber provides authorization for a change to another provider of public telecommunications services through any means by which a freeze is implemented.
(c) "Small commercial subscriber" is a person or entity conducting a business, agriculture, or other enterprise in the state having less than five telecommunications lines.
(d) "Subscriber" means a corporation, person, or government, or a person acting legally on behalf of a corporation, person, or government who has purchased public telecommunications services from a telecommunications corporation.
(2) No telecommunications corporation or its agents shall make any change or authorize a different telecommunications corporation to make any change in the provider of any public telecommunications service to a subscriber unless it complies, at a minimum, with Subsections (2)(a) through (e). This Subsection (2) does not apply to a telecommunications corporation that effectuates a change in service provider pursuant to a change authorization submitted or requested by another telecommunications corporation.
(a) The telecommunications corporation or its agents shall, at a minimum, inform the subscriber of the nature, extent, and rates of the service being offered and any charges associated with the change.
(b) Notwithstanding Section 13-26-4 , changes in provider of telecommunication service accomplished through telephone solicitation shall comply with the Telephone Fraud Prevention Act, Sections 13-26-2 , 13-26-8 , 13-26-10 , and 13-26-11 .
(c) For sales of residential service or small commercial subscriber service, the telecommunications corporation or its agents shall confirm that the subscriber is aware of any charges that the subscriber must pay associated with the change and that the subscriber authorizes the change of provider. The subscriber's authorization to change the provider shall be confirmed by any one of the following methods:
(i) obtaining the subscriber's written authorization;
(ii) having the subscriber's oral authorization verified by an independent third party; or
(iii) any means provided by rule of the Federal Communications Commission or the commission.
(d) If the subscriber is not an individual, an authorization shall be valid only if given by an authorized representative of the subscriber.
(e) (i) The written authorization to change the provider shall be signed by the subscriber and shall contain a clear, conspicuous, and unequivocal request by the subscriber for a change of telecommunications provider.
(ii) A written authorization is not valid if it is presented to the subscriber for signature in connection with a sweepstakes, game of chance, or any other means prohibited by commission rule.
(iii) Nothing in this section shall be construed to prohibit any person from offering a premium, incentive, or a thing of value to another as consideration for authorizing a change of telecommunications service provider, provided that no element of chance or skill is associated with the offer of the premium, incentive, or thing of value or its receipt.
(3) The confirmation by a third-party verifier shall, at a minimum:
(a) confirm the subscriber's identity with information unique to the customer, unless the customer refuses to provide identifying information, then that fact shall be noted;
(b) confirm that the subscriber agrees to the requested change in telecommunications service providers; and
(c) confirm that the subscriber has the authority to select the provider as the provider of that service.
(4) A third-party verifier shall meet each of the following criteria:
(a) any criteria for third-party verifiers set by the Federal Communications Commission;
(b) not be directly or indirectly managed, controlled, directed, or owned wholly or in part:
(i) by the telecommunications corporation or its agents that seek to provide the telecommunications service or by any corporation, firm, or person who directly or indirectly manages, controls, directs, or owns more than 5% of the telecommunications corporation; or
(ii) by the marketing entity that seeks to market the telecommunications service or by any corporation, firm, or person who directly or indirectly manages, controls, directs, or owns more than 5% of the marketing entity;
(c) operate from facilities physically separated from:
(i) those of the telecommunications corporation or its agents that seek to provide the subscriber's telecommunications service; or
(ii) those of the marketing entity that seeks to market a telecommunications service to the subscriber; and
(d) not derive commissions or compensation based upon the number of change authorizations verified.
(5) A telecommunications corporation or its agents seeking to verify the change authorization shall connect the subscriber to the third-party verifier or arrange for the third-party verifier to call the subscriber to verify the change authorization.
(6) A third-party verifier that obtains the subscriber's oral verification regarding the change shall record that verification by obtaining appropriate verification data.
(7) (a) The record verifying a subscriber's change of provider shall be available to the subscriber upon request.
(b) Information obtained from the subscriber through verification may not be used for any other purpose.
(c) Any intentional unauthorized release of the information in Subsection (7)(b) is grounds for penalties or other action by the commission or remedies provided by law to the aggrieved subscriber against the telecommunications corporation, third-party verifier, their agents, or their employees who are responsible for the violation.
(8) The third-party verification shall occur in the same language as that in which the change was solicited.
(9) The verification requirements described in this section shall apply to all changes in the provider of any public telecommunications service.
(10) The commission may promulgate rules:
(a) necessary to implement this section;
(b) consistent with any rules promulgated by the Federal Communications Commission; and
(c) in a nondiscriminatory and competitively neutral manner.
(11) (a) Each subscriber may elect to require the telecommunications corporation providing the subscriber's local exchange service to implement a freeze until the subscriber provides authorization for a change to another provider of public telecommunications services.
(b) Once a subscriber has elected the freeze option under Subsection (11)(a), the telecommunications corporation providing the subscriber's local exchange service may not process a request to change the subscriber to another provider of telecommunications services without prior authorization directly from the subscriber.
(12) (a) Whenever the subscriber's provider of a telecommunications service changes, the new provider shall:
(i) retain a record of the verified change authorization consistent with requirements of the Federal Communications Commission or rules issued by the commission; and
(ii) be responsible for providing a conspicuous notice of the change within 30 days of the effective date of the change of service.
(b) At a minimum, the notice in Subsection (12)(a)(ii) shall identify the new provider, contain a general description of the service and price, and provide information necessary for the subscriber to have questions answered or to rescind the change.
(13) Any bill shall identify each telecommunications service provider of telecommunication service for which billing is rendered.
(14) (a) Any person or provider of telecommunications service inadvertently or knowingly designating or changing the subscriber's telecommunications service provider in violation of this section shall refund to the subscriber any amounts required by the rules of the Federal Communications Commission and the commission.
(b) The unauthorized provider in Subsection (14)(a) additionally shall:
(i) bear all costs of restoring the customer to the service of the subscriber's original service provider; and
(ii) pay to any other telecommunications provider any fees set by the commission for the designation or change.
(15) Proceedings for violations of this section may be commenced by request for agency action filed with the commission by a subscriber, a telecommunications corporation, the Division of Public Utilities, or by the commission on its own motion.
(16) Any telecommunications corporation, its agents, or a third-party verifier who violates this section or rules adopted to implement this section shall be subject to the provisions of Sections 54-7-23 through 54-7-29 .
(17) The commission is granted authority to enforce provisions
relating to an unauthorized telecommunication service provider
change in interstate and intrastate telecommunication service
involving telecommunications corporations operating in the
state.
1999
