Bill Text: GA HB855 | 2011-2012 | Regular Session | Comm Sub

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Bill Title: Universal Access Fund; duration and amount of certain distributions made; establish limitations

Sponsorship: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2012-02-16 - House Committee Favorably Reported [HB855 Detail]

Download: Georgia-2011-HB855-Comm_Sub.html

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12 LC 36 2056S

The House Committee on Energy, Utilities and Telecommunications offers the following

substitute to HB 855:

A BILL TO BE ENTITLED
AN ACT

To amend Code Section 46-5-167 of the Official Code of Georgia Annotated, relating to the Universal Access Fund, so as to establish a limitation on the duration and amount of certain distributions to be made under the Universal Access Fund; to provide for legislative intent; to provide a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

It is the intent of the General Assembly to:

(1) Update and modernize Georgia's telecommunications laws to encourage competition and bring about lower prices and better services for the consumer;

(2) Make Georgia a more attractive place for telecommunications investment and encourage the deployment of advanced technologies;

(3) Create and preserve jobs for Georgia workers; and

(4) Reduce the subsidies paid by Georgia consumers.

It is not the intent of the General Assembly to impose any fee or other charge on Georgia consumers.

SECTION 2.

This Act shall be known as and may be cited as the "Telecommunications Fair Competition and Consumer Protection Act."

SECTION 3.

Code Section 46-5-167 of the Official Code of Georgia Annotated, relating to the Universal Access Fund, is amended by revising subparagraph (d)(2)(B) as follows:

"(B) Except for those distributions to Tier 2 local exchange companies that have reduced intrastate switched access charges pursuant to subsection (c) of Code Section 46-5-166, distributions to a Tier 2 local exchange carrier subject to rate of return regulation shall also be reduced by the amount per access line, which if added to the carrier's basic local exchange service rate, in accordance with a schedule established by the commission, results in an amount that would be equal to 110 percent of the July 1, 2009, residential state-wide weighted average rate for basic local exchange services imputed across all access lines and adjusted annually for inflation measured by the change in GDP-PI. The commission shall determine any such distributions upon application, demonstration, and good cause shown that the reasonable actual costs to provide basic local exchange services exceed the maximum fixed price permitted for such basic local exchange services; any distributions pursuant to this subparagraph shall be limited to a period of no more than 20 years, provided that the total amount of all such distributions to Tier 2 local exchange carriers subject to rate of return regulation shall not exceed $9 million for applications approved by the commission in year 2012, $6 million for applications approved by the commission in year 2013, and $3 million for applications approved by the commission in year 2014. There shall be no contributions or distributions to or from the Universal Access Fund pursuant to this subparagraph after the contributions have been collected and the distributions have been paid for applications approved by the commission in year 2014."

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.