Text: HSB00618 Text: HSB00620 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 476.100, subsection 5, Code 2001, is
1 2 amended to read as follows:
1 3 5. Unreasonably refuse or delay interconnections or
1 4 provide inferior interconnections to another provider.
1 5 a. For purposes of this subsection, the following
1 6 definitions shall apply:
1 7 (1) "FCC" means the federal communications commission.
1 8 (2) "InterLATA" means the provision of telecommunications
1 9 service between local access and transport areas.
1 10 (3) "LATA" means a local access and transport area, the
1 11 boundaries of which have been established pursuant to court
1 12 order in United States v. American Telephone and Telegraph
1 13 Co., 569 F. Supp. 990 (D.D.C. 1983), and also pursuant to FCC
1 14 rules.
1 15 (4) "271 authority" means a final grant of authority to an
1 16 incumbent local exchange carrier by the FCC to provide in-
1 17 region, interLATA long distance service pursuant to 47 U.S.C.
1 18 } 271.
1 19 b. A performance assurance plan or other similar mechanism
1 20 to prevent unlawful interconnection service quality approved
1 21 by the board and the FCC shall be the exclusive means to
1 22 enforce this subsection against a local exchange carrier
1 23 receiving a final grant of authority to furnish long distance
1 24 service under 47 U.S.C. } 271.
1 25 c. If the FCC grants 271 authority to a local exchange
1 26 carrier, without requiring an enforceable performance
1 27 assurance plan or other similar mechanism to prevent unlawful
1 28 interconnection service quality, the board shall enforce a
1 29 performance assurance plan approved by the board under
1 30 paragraph "a", applicable to a local exchange carrier granted
1 31 271 authority, containing at least all of the following
1 32 reasonable performance standards for interconnection with
1 33 competitors as follows:
1 34 (1) Damages to be paid to competitors for performance
1 35 below the standards.
2 1 (2) Notwithstanding section 476.51, predetermined
2 2 penalties to be paid to the state for violations of the plan.
2 3 (3) Procedures to enforce the plan, including, but not
2 4 limited to, dispute resolution by contested case proceedings
2 5 before the board, by mediation, or by arbitration.
2 6 d. The board may modify, in subsequent proceedings, the
2 7 performance assurance plan or other similar mechanism to
2 8 prevent unlawful interconnection service quality, in order to
2 9 assure continuing interconnection service quality.
2 10 EXPLANATION
2 11 This bill amends Code section 476.100, which contains
2 12 prohibitions applicable to local exchange carriers.
2 13 Specifically, the bill amends subsection 5 to provide remedies
2 14 when a local exchange carrier engages in providing a
2 15 particular type of inferior interconnection to another
2 16 provider, more commonly known as backsliding.
2 17 The bill provides that the performance assurance plan
2 18 approved by the utilities board and the federal communications
2 19 commission in connection with the proceedings initiated by the
2 20 local exchange carrier to furnish long-distance service under
2 21 47 U.S.C. } 271 shall be the exclusive means to enforce the
2 22 subsection, and if there is no enforceable performance
2 23 assurance plan in place when 271 authority is granted, then
2 24 the utilities board shall create one, including penalties and
2 25 other enforcement mechanisms. The utilities board may also
2 26 modify the plan in future proceedings in order to assure
2 27 continuing interconnection service quality.
2 28 The bill also provides definitions for FCC, InterLATA,
2 29 LATA, and 271 authority.
2 30 LSB 6597HC 79
2 31 jj/sh/8
Text: HSB00618 Text: HSB00620 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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