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COMMITTEE REPORT
April 21, 2004
H. 5078
S. Printed 4/21/04--H. [SEC 4/26/04 4:26 PM]
Read the first time April 1, 2004.
To whom was referred a Bill (H. 5078) to amend the Code of Laws of South Carolina, 1976, by adding Section 58-9-295 so as to provide that no telecommunications service provider shall enter into any agreement, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking Section 58-9-295 of the 1976 Code, as contained in SECTION 1, and inserting:
/ SECTION 1. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-295. (A) No telecommunications service provider or any parent company, subsidiary, or affiliate of such a provider shall enter into any contract, agreement, or arrangement, oral or written, with any person or entity that does any of the following:
(1) requires such person or entity to restrict or limit the ability of any other telecommunications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide telecommunications services in this State or otherwise deny or restrict access to the real property by any other telecommunications service provider; or
(2) offers or grants incentives or rewards to an owner of real property or the owner's agent that are contingent upon the provision of telecommunications service on the premises by a single telecommunications service provider.
(B) Nothing in this section prohibits a user or prospective user of telecommunications service from entering into a lawful agreement with a telecommunications service provider with respect to the user or prospective user's own telecommunications service.
(C) Nothing in this section shall prohibit an entity described in subsection (A) of this section from entering into any contract, agreement, or arrangement, oral or written, by which an owner of real property or the owner's agent agrees to encourage users or prospective users of telecommunications service to select a particular telecommunications service provider. However, the contract, agreement, or arrangement may not restrict or limit the ability of any other telecommunications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide telecommunications services in this State and also may not require the owner or the owner's agent to refuse or restrict access to the real property by any other telecommunications service provider. All contracts, agreements, or arrangements made on or after the effective date of this section are void and unenforceable.
If the owner of real property or the owner's agent refuses access to another telecommunications service provider, then the telecommunications service provider that owns the telecommunications facility on such real property shall be required to offer the requesting telecommunications carrier consistent with state and federal law:
(1) interconnection;
(2) unbundled network elements; and
(3) resale at wholesale rates any telecommunications service that the carrier provides at retail to subscribers who are not telecommunications carriers.
(D) Any telecommunications service provider who violates the provisions of this section shall be subject to penalties as set forth in Article 13, Chapter 9 of Title 58.
(E) Contracts, agreements, and arrangements subject to this section may be obtained by the Office of Regulatory Staff pursuant to Sections 58-4-50 and 58-4-55.
(F) For purposes of this section, 'telecommunications service provider' means a telephone utility as defined in Section 58-9-10(6), a government-owned telecommunications provider as defined in Section 58-9-2610(1), and a telephone cooperative as defined in Section 33-46-20(4)." /
Renumber sections to conform.
Amend title to conform.
HARRY F. CATO for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-295 SO AS TO PROVIDE THAT NO TELECOMMUNICATIONS SERVICE PROVIDER SHALL ENTER INTO ANY AGREEMENT WHICH RESTRICTS OR LIMITS THE ABILITY OF ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER FROM OBTAINING EASEMENTS OR RIGHTS-OF-WAY FOR THE INSTALLATION OF FACILITIES OR EQUIPMENT TO PROVIDE TELECOMMUNICATIONS SERVICES IN THIS STATE OR WHICH OFFERS OR GRANTS INCENTIVES OR REWARDS TO AN OWNER OF REAL PROPERTY TO ENCOURAGE THE OWNER TO REFUSE OR RESTRICT ACCESS TO THE REAL PROPERTY BY ANY OTHER TELECOMMUNICATIONS SERVICE PROVIDER, TO PROVIDE EXCEPTIONS, AND TO PROVIDE CIVIL PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 9, Title 58 of the 1976 Code is amended by adding:
"Section 58-9-295. (A) No telecommunications service provider or any parent company, subsidiary, or affiliate of such a provider shall enter into any contract, agreement, or arrangement, oral or written, with any person or entity that explicitly or effectively does or seeks to do any of the following:
(1) restrict or limit the ability of any other telecommunications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide telecommunications services in this State;
(2) offers or grants incentives or rewards to an owner of real property or the owner's agent to encourage the owner or agent to refuse or restrict access to the real property by any other telecommunications service provider.
(B) Nothing in this section prohibits a user or prospective user of telecommunications service from entering into a lawful agreement with a telecommunications service provider with respect to the user or prospective user's own telecommunications service.
(C) Nothing in this section shall prohibit an entity described in subsection (A) of this section from entering into any contract, agreement, or arrangement, oral or written, by which an owner of real property or the owner's agent agrees to encourage users or prospective users of telecommunications service to select a particular telecommunications service provider. However, the contract, agreement, or arrangement may not restrict or limit the ability of any other telecommunications service provider from obtaining easements or rights-of-way for the installation of facilities or equipment to provide telecommunications services in this State and also may not require the owner or the owner's agent to refuse or restrict access to the real property by any other telecommunications service provider.
(D) Any telecommunications service provider who violates the provisions of this section shall be subject to a monetary penalty of not less than five hundred nor more than five thousand dollars for each violation and also may be required to pay reasonable attorneys' fees. Each day that a contract, agreement, or arrangement prohibited by this section remains in force or effect shall constitute a separate violation as provided in Section 58-9-1620. Any telecommunications service provider who violates this section shall be required to also provide interconnection to a requesting carrier pursuant to Section 251(C) of the federal Telecommunications Act of 1996.
(E) For purposes of this section, 'telecommunications service provider' means a telephone utility as defined in Section 58-9-10(6), a government-owned telecommunications provider as defined in Section 58-9-2610, and a telephone cooperative as defined in Section 33-46-20(4)."
SECTION 2. This act takes effect upon approval by the Governor.
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