hb 0578

CHAPTER 248

HB 578 - FINAL VERSION

AN ACT relative to requirements for nonpublic utility providers of telephone services and competitive telecommunications providers, and relative to the information technology management advisory board.

SPONSORS: Rep. Estabrook, Straf 8; Rep. Norelli, Rock 31; Rep. Thomas, Belk 3

I. Establishes requirements for nonpublic utility providers of telephone services. Nonpublic utility providers of telephone services include, but are not limited to, hotels, motels, hospitals, universities, or similar places of temporary accommodation. The requirements include notice to the users of charges and access by the users to other providers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

Be it Enacted by the Senate and House of Representatives in General Court convened:

248:1 New Section; Requirements for Nonpublic Utility Providers of Telephone Services. Amend RSA 378 by inserting after section 17-b the following new section:

I. In this section, "nonpublic utility provider of telephone services" includes, but is not limited to, a hotel, motel, hospital, university, or similar place of temporary accommodation.

II. Every nonpublic utility provider of telephone services shall display or post on or near the telephone equipment so as to be easily seen by telephone users a notice of the existence of standard and resale charges and the in-room location of information on all of the charges applicable to all of the available telephone services. These charges shall be separately stated, and shall include, but not be limited to, the following information:

(b) Charges for use of telephone services, including any charges for calls not completed.

III. The public utilities commission shall, by rule or order, adopt and enforce operating requirements applicable to operator-assisted telephone services, whether furnished by a telephone corporation or other than a telephone corporation, for nonpublic utility providers of telephone services owning or operating message switching or billing equipment solely for the purpose of reselling services provided by a telephone corporation to its patients or guests. These operating requirements shall include, but not be limited to, all of the following:

(a) That there be displayed or posted on or near the telephone equipment so as to be easily seen by telephone users a notice stating the identity of the nonpublic utility provider of the telephone services and the in-room location of information on: the method for obtaining the rates, terms, or conditions of operator-assisted services; the operator-assisted services provider's procedures for handling complaints; the means by which the telephone user may gain access to other providers of operator-assisted services; and the means by which the telephone user may gain access to the services of the telephone corporation operating within the service area within which the telephone services of the nonpublic utility provider are furnished. The information shall also provide the telephone number of the public utilities commission to which questions or complaints may be directed.

(b) That, when contacted for service by the telephone user, the operator-assisted services provider orally identify itself by name prior to the connection of the telephone call or the commencement of any charges.

(c) That the telephone equipment permit access by the telephone user to any other provider of operator-assisted services generally available in the service area.

IV. Nonpublic utility providers of telephone services using a PBX switch or similar equipment shall be considered telephone utilities for purposes of RSA 106-H:8. Nonpublic utility providers of telephone services shall comply with the telephone utility requirements of RSA 106-H:8 no later than January 1, 2007.

248:2 Regulation of Competitive Telecommunications Providers Limited; Competitive Toll Providers. Amend RSA 374:22-o to read as follows:

374:22-o Regulation of Competitive Telecommunications Providers Limited. Any person or business entity authorized by the commission to engage in business as a competitive local exchange carrier and any competitive toll provider having less than a 10 percent share of toll revenue in New Hampshire shall not be required to seek prior commission approval of financings or corporate organizational changes, including, without limitation, [~~the~~] mergers, acquisitions, corporate restructurings, issuance or transfer of [~~its~~] securities, or the sale, lease, or other transfer of [~~its~~] assets or control. Nothing in this section shall exempt any such competitive telecommunications service provider from such advance notice as the commission may prescribe or from the requirements of RSA 374:28-a [~~, including such advance notice as the commission may prescribe~~] or RSA 378:46.

248:3 Information Technology Management Advisory Board; Members. Amend RSA 21-I:71, II(i) to read as follows:

(i) Two senior information technology executives from the private sector, appointed by the governor for a 3-year term.

(j) One representative of municipal government, who shall serve as a non-voting member, appointed by the governor for a 3-year term.

(k) One representative of county government, who shall serve as a non-voting member, appointed by the governor for a 3-year term.