Bill Text: NH HB257 | 2024 | Regular Session | Amended
Bill Title: Relative to telephone carrier of last resort obligations.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2024-01-03 - Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; 01/03/2024; Senate Journal 1 [HB257 Detail]
Download: New_Hampshire-2024-HB257-Amended.html
HB 257 - AS AMENDED BY THE HOUSE
22Mar2023... 0924h
2023 SESSION
23-0386
10/05
HOUSE BILL 257
AN ACT relative to telephone carrier of last resort obligations.
SPONSORS: Rep. Vose, Rock. 5; Rep. D. Thomas, Rock. 16; Sen. Gannon, Dist 23; Sen. Lang, Dist 2; Sen. Pearl, Dist 17
COMMITTEE: Science, Technology and Energy
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ANALYSIS
This bill allows for an incumbent telephone utility to be relieved of its carrier of last resort obligations.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Mar2023... 0924h 23-0386
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to telephone carrier of last resort obligations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Telephone Utilities; Carrier of Last Resort Service Obligations. Amend RSA 374:22-g by inserting after paragraph II the following new paragraphs:
II-a. An incumbent telephone utility may petition the department of energy to be relieved of its carrier of last resort obligation in one or more municipalities. The commissioner of the department of energy shall approve the petition if the department of energy finds that:
(a) There is at least one wireline-facilities-based voice network service provider other than the incumbent that offers service to at least 95 percent of the households in the municipality, and one or more mobile telecommunications service providers that offers, in the aggregate, mobile telecommunications services to at least 97 percent of the households in the municipality; or
(b) A provider or multiple providers, other than the incumbent utility, have received state, federal, or municipal funding to serve the entire municipality.
II-b. Beginning 30 days after the effective date of this paragraph and after the department of business and economic affairs has accepted a comprehensive New Hampshire broadband map, any incumbent telephone utility may petition the department of energy to be relieved of its carrier of last resort obligations in one or more town or municipality where:
(a) The most recent New Hampshire broadband map accepted by the department of business and economic affairs demonstrates that there is at least one wireline-facilities based voice network service provider other than the incumbent telephone utility that offers service to at least 95 percent of the households and mobile telecommunications service providers that offers, in the aggregate, mobile telecommunications services to at least 97 percent of the households in the town or municipality the incumbent telephone utility is asking to be relieved of its carrier of last resort obligations; or
(b) The incumbent telephone utility is able to demonstrate that when the New Hampshire broadband map is next updated and accepted by the department of business and economic affairs at least one wireline-facilities based voice service provider other than the incumbent telephone utility that offers service to at least 95 percent of the households and one or more mobile telecommunications service providers that offers, in the aggregate, mobile telecommunications services to at least 97 percent of the households in the town or municipality the incumbent telephone utility is asking to be relieved of its carrier or last resort obligations; or
(c) A provider or multiple providers, other than the incumbent telephone utility, have received municipal, state, or federal funding to serve the entire town or municipality where the incumbent telephone utility is asking to be relieved of its carrier of last resort obligations and a date to complete the installation of that service has been established.
II-c. The department of energy shall review petitions from incumbent telephone utilities seeking to be relieved of its carrier of last resort obligations in one or more town or municipality against the criteria laid out in paragraph II-b within 30 days of receipt of said petition. If the petition satisfies the criteria laid out in paragraph II-b, then department shall provide preliminary approval of incumbent telephone utility’s petition.
II-d. Within 60 days of receiving preliminary approval from the department of energy, the incumbent telephone utility asking to be relieved of its carrier of last resort obligations shall hold a public meeting in each town or municipality affected by its petition to provide information to customers in each town or municipality about upcoming changes to service and alternative service options that will be available to customers. The incumbent telephone utility shall give advance notice of the hearing in a formal letter to the governing body of each affected town or municipality so that information can be posted on each town and municipality website, and notice to each customer in the town or municipality affected by its petition in its monthly billing statement, and publish the notice in a newspaper of general circulation in that town or municipality. Feedback obtained from each meeting shall be provided by the incumbent telephone utility to the department within 14 days of each meeting. The department shall consider all such feedback in its deliberations on whether to grant or deny the incumbent telephone utility’s petition.
II-e. The department of energy shall issue a final order granting or denying a petition by an incumbent telephone utility to be relieved of its carrier of last resort obligations within 180 days of receiving such petition except that the department may extend this period for up to an additional 30 days. The effective date of the order shall be the date on which it is issued, except that in a town or municipality where the conditions of subparagraph II-b(c) apply, the effective date of the order shall be the date on which installation of the alternative service has been completed.
II-f. Upon receipt of a final order granting or denying a petition from the department of energy, the incumbent telephone utility shall within 60 days of the effective date of the final order give notice of the order in a formal letter to the appropriate governing body in each affected town and municipality so that information can be posted on each town and municipality website, and to all affected customers in their monthly billing statement, and published in a newspaper of general circulation in that town or municipality.
II-g. For a period of 6 months from the effective date of the order granting an incumbent telephone utility relief from its obligation to provide carrier of last resort service in a town or municipality, the incumbent telephone utility shall continue to provide each customer in that town or municipality to whom it was providing such service on the effective date of that order a telephone service with the same rates, terms, and conditions as it provides to other carrier of last resort service customers to whom it is obligated to provide carrier of last resort service.
II-h. During any 6-month transition period under paragraph II-g, the incumbent telephone utility whose petition for relief of last resort service has been granted shall make all best efforts to assist affected customers find alternative service to those they were receiving from said incumbent telephone utility. The department shall also post on its website a list of all known wireline, wireless, broadband, or other telecommunication service providers.
II-i. If, at the end of the 6-month transition period, there remain customers of the incumbent utility who do not have alternative service, to the extent technically and economically feasible, the incumbent utility shall make best efforts to continue providing service to such customers. If and when it no longer is technically or economically feasible and the incumbent utility must discontinue service to any such customer, the incumbent utility may do so after providing any remaining customer with a final advance warning of 30 days.
2 Effective Date. This act shall take effect 60 days after its passage.
23-0386
3/30/23
HB 257- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-0924h)
AN ACT relative to telephone carrier of last resort obligations.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Utility Assessment Revenue | |||
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METHODOLOGY:
This bill allows for an incumbent telephone utility to be relieved of its carrier of last resort obligations. The Department of Energy indicates the bill would require the Department to evaluate a petition submitted by an incumbent telephone utility to be relieved of their carrier of resort obligations in one or more municipalities provided that certain conditions are met. The Department would be required to review the petitions to see if they meet the criteria laid out in the bill and grant preliminary approval. Final approval may be granted after public input gathered by the petitioning incumbent telephone utility. The Department would be required to consider public input before making a final decision to grant or deny the petition. In addition, the Department would be required to post a list of all known wire line, wireless, broadband, or other telecommunication service providers on their website.
The Department cannot estimate the number of petitions that will be filed by incumbent telephone utilities. The Department does not regulate broadband or wireless carriers, so the Department does not have information on coverage provided by these other services or the extent of their coverage. This makes it difficult to determine current coverage for submitted petitions or estimating the required posting on the Department’s website. The Department doesn't have existing staff to undertake these new duties and would contract with a consultant to accomplish the bill's requirements. The Department is not able to provide a cost estimate as it will depend on the number of petitions filed for review. Regarding the impact on State revenue, all costs incurred would be recovered by a special assessment on the incumbent telephone utility seeking to be relieved of their carrier of last resort obligations.
AGENCIES CONTACTED:
Department of Energy
