71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2557
 
LC 311/HB 2557-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2557
 
            By COMMITTEE ON SMART GROWTH AND COMMERCE
 
                           February 21
 
  On page 1 of the printed bill, line 2, after 'regulation; '
delete the rest of the line and line 3 and insert 'amending ORS
759.450.'.
  Delete lines 5 through 30 and pages 2 through 5 and insert:
  '  { +  SECTION 1. + } ORS 759.450 is amended to read:
  ' 759.450. (1) It is the intent of the Legislative Assembly
that every telecommunications carrier and those
telecommunications utilities and competitive telecommunications
providers that provide wholesale services meet minimum service
quality standards on a nondiscriminatory basis.
  ' (2) The Public Utility Commission shall determine minimum
service quality standards that relate to the provision of retail
telecommunications services to ensure safe and adequate service.
Except as provided in   { - subsection (8) - }   { + subsections
(8) and (9) + } of this section, minimum service quality
standards adopted under this section shall apply to all
telecommunications carriers. The commission by rule shall review
and revise the minimum service quality standards as necessary to
ensure safe and adequate retail telecommunications services.
  ' (3) The minimum service quality standards for providing
retail telecommunications services adopted by the commission
shall relate directly to specific customer impact indices
including but not limited to held orders, trouble reports, repair
intervals and carrier inquiry response times. In adopting minimum
service quality standards, the commission shall, for each
standard adopted, consider the following:
  ' (a) General industry practice and achievement;
  ' (b) National data for similar standards;
  ' (c) Normal operating conditions;
  ' (d) The historic purpose for which the telecommunications
network was constructed;
  ' (e) Technological improvements and trends; and
  ' (f) Other factors as determined by the commission.
  ' (4) Consistent with the federal Telecommunications Act of
1996 (Public Law 104-104), as amended and in effect on September
1, 1999, the commission may establish minimum service quality
standards related to providing wholesale, interconnection,
transport and termination services provided by a
telecommunications carrier and those telecommunications utilities
and competitive telecommunications providers that provide
wholesale telecommunications services.
  ' (5) The commission shall require a telecommunications
carrier, telecommunications utility or competitive
telecommunications provider that is not meeting the minimum
service quality standards to submit a plan for improving
performance to meet the standards. The commission shall review
and approve or disapprove the plan. If the carrier, utility or
provider does not meet the goals of its improvement plan within
six months or if the plan is disapproved by the commission,
penalties may be assessed against the carrier, utility or
provider on the basis of the carrier's, utility's or provider's
service quality measured against the minimum service quality
standards and, if assessed, shall be assessed according to the
provisions of ORS 759.990.
  ' (6) Prior to commencing an action under this section and ORS
759.990, the commission shall allow a telecommunications carrier,
telecommunications utility or competitive telecommunications
provider an opportunity to demonstrate that a violation of a
minimum service quality standard is the result of the failure of
a person providing telecommunications interconnection service to
meet the person's interconnection obligations.
  ' (7) Total annual penalties imposed on a telecommunications
utility under this section shall not exceed two percent of the
utility's gross intrastate revenue from the sale of
telecommunications services for the calendar year preceding the
year in which the penalties are assessed. Total annual penalties
imposed on a competitive telecommunications provider under this
section shall not exceed two percent of the provider's gross
revenue from the sale of telecommunications services in this
state for the calendar year preceding the year in which the
penalties are imposed.
  ' (8) The provisions of this section do not apply to:
  ' (a) Radio communications service, radio paging service,
commercial mobile radio service, personal communications service
or cellular communications service; or
  ' (b) A cooperative corporation organized under ORS chapter 62
that provides telecommunications services.
  '  { +  (9) Telecommunications utilities and groups of
affiliated telecommunications utilities that serve fewer than
50,000 access lines in Oregon are exempt from any minimum service
quality standard adopted under this section that would require
the utility or group to measure carrier inquiry response
time. + } ' .
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