HB 1372 -- LOCAL TELECOMMUNICATIONS CARRIERS (Parson)

COMMITTEE OF ORIGIN:  Committee on Energy and Environment

This bill changes the laws regarding local exchange voice
telecommunications carriers.  In its main provisions, the bill:

(1)  Relieves a local exchange carrier from its obligation to
provide basic local voice telecommunications service to a
"greenfield area," which is defined as real property that
requires entirely new construction and development of network
equipment to serve new property developments, if the owner or
developer of the property:

(a)  Allows an alternative service provider to install its
facilities or equipment to provide local voice telecommunications
service based on the condition of exclusion of the local exchange
carrier;

(b)  Accepts or agrees to accept incentives or rewards from an
alternative service provider that are contingent upon the
provision of any or all local voice telecommunications services
by one or more alternative service providers to the exclusion of
the local exchange carrier; or

(c)  Collects from the occupants or residents of the property
mandatory charges for the provision of any local voice
telecommunications service provided by an alternative service
provider including collection through rent, fees, or dues;

(2)  Requires, if a local exchange carrier is relieved of its
carrier of last resort obligation, the carrier to notify the
Missouri Public Service Commission in writing within 120 days
after receiving knowledge of that action and the owner or
developer of the property to notify the occupants of the property
and any subsequent owners that the incumbent local exchange
carrier does not have facilities installed to serve their
property and the name of the person who will be providing the
local communications service and the type of technology that will
be used to provide the service;

(3)  Specifies that when a local exchange carrier is relieved of
its carrier of last resort obligation to serve in a designated
area in no instance will the obligation be transferred to any
alternative service provider or provider of local voice service,
including interconnected voice over Internet protocol service in
that designated service area;

(4)  Allows a local exchange carrier that is not automatically
relieved of its obligation to seek a waiver for good cause from
the commission if other local voice telecommunications service is
available on the property; and

(5)  Specifies the requirements and procedures for
re-establishing the obligation of local telecommunications
service by a local exchange carrier if the conditions that
terminated the obligation cease.

The bill also prohibits a political subdivision from imposing a
fine or penalty on the owner of a pay telephone or the owner of
the property on which a pay telephone is located for calls to an
emergency telephone service made from the pay telephone.

FISCAL NOTE:  No impact on state funds in FY 2011, FY 2012, and
FY 2013.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:10 pm