Current Status Introducing Body:House Bill Number:4642 Primary Sponsor:Hodges Committee Number:11 Type of Legislation:GB Subject:Telecommunications services Residing Body:Senate Current Committee:Judiciary Computer Document Number:BBM/10873JM.94 Introduced Date:19940201 Date of Last Amendment:19940405 Last History Body:Senate Last History Date:19940407 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Hodges Jennings Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4642 Senate 19940407 Introduced, read first time, 11
referred to Committee
4642 House 19940406 Read third time, sent to
Senate
4642 House 19940405 Amended, read second time
4642 House 19940330 Debate adjourned until
Tuesday, April 5, 1994
4642 House 19940302 Committee Report: Favorable 26
with amendment
4642 House 19940201 Introduced, read first time, 26
referred to Committee
View additional legislative information at the LPITS web site.
AMENDED
April 5, 1994
H. 4642
S. Printed 4/5/94--H.
Read the first time February 1, 1994.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-590 SO AS TO PROVIDE THAT TELECOMMUNICATIONS SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS MUST BE DEEMED COMPETITIVE SERVICES AFTER JULY 1, 1994, REQUIRE THE PUBLIC SERVICE COMMISSION TO CONDUCT HEARINGS, MAKE FINDINGS, AND ESTABLISH BENCHMARKS AS TO THE COMPETITION WHICH EXISTS AMONG THE INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AND PROVIDE FOR RELATED MATTERS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 58-9-585. (A) Notwithstanding any other provision of this chapter, the commission may, on the request of an interexchange telecommunications carrier or on its own motion, consider, in lieu of the procedures outlined in this chapter, alternative means of regulating that carrier. If the commission first determines, after notice and hearing, that the substantial evidence of record shows that a particular service is competitive in the relevant geographic market, the commission may implement regulatory alternatives, including, but not limited to, the provisions outlined in this section.
(B) If the commission determines that an interexchange telecommunications carrier service is competitive, the commission shall not fix or prescribe the rates, tolls, charges, or rate structures for that service. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives. The commission shall require that the interexchange telecommunications carriers file and maintain price lists for competitive telecommunications services.
(C) The commission is authorized to reclassify a telecommunications service provided by an interexchange carrier as noncompetitive if, after notice and hearing, the substantial evidence of record shows that sufficient competition does not exist for that service.
(D) For an interexchange telecommunications carrier service found to be noncompetitive, the commission may implement other regulatory alternatives, including, but not limited to, price caps.
(E) Nothing in this section limits the authority of the commission with respect to the reporting requirements of interexchange telecommunications carriers to establish standards for the quality of service, resolution of complaints, privacy, and the ordering, installation, restoration, and disconnection of interexchange service.
(F) For the purposes of this section, the term `interexchange telecommunications carrier service' is limited to toll services provided by telephone utilities."
SECTION 2. This act takes effect upon approval by the Governor.