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1999 SESSION
HB 2277 Local telecommunications services.
Introduced by: L. Preston Bryant, Jr. | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Local telecommunications services. Grants localities, electric commissions or boards, industrial development authorities and economic development authorities the ability to lease on nondiscriminatory terms, for a term not to exceed 10 years, a certain telecommunications infrastructure to one or more certificated local exchange telephone companies and to not-for-profit educational schools and institutions, hospitals, health clinics and medical facilities for use in serving their not-for-profit purposes. The price for such lease may include reasonable provisions for the recovery of the cost of the network and installation of additional fiber and related facilities to complete the lessor's network but shall not otherwise be related to the revenue or profit of the lessee. The lessor may not profit from the leasing of such facilities. No such lease shall be effective unless, prior to entering into such lease: (i) the proposed lessee petitions the State Corporation Commission to approve such lease of the dark fiber and (ii) the Commission, after notice and an opportunity for hearing in the affected area, issues a written order approving the lease or fails to approve or disapprove the lease within 60 days after notice. The State Corporation Commission shall find that it is in the public interest to approve such lease unless one of several factors can be demonstrated to the Commission. The July 1, 2000, sunset provision which was attached to the 1998 amendments (House Bill No. 335) is repealed.
SUMMARY AS PASSED HOUSE:
Local telecommunications services. Grants localities, electric commissions or
boards, industrial development authorities and economic development authorities the
ability to lease on nondiscriminatory terms, for a term not to exceed 10 years,
certain telecommunications infrastructure to one or more certificated local
exchange telephone companiesauthorized providers and to not-for-profit
educational schools and institutions, hospitals, health clinics and medical
facilities for use in serving its not-for-profit purposes. The price for such
lease may include reasonable provisions for the recovery of the cost of the
network and installation of additional fiber and related facilities to complete
the lessor's network but shall not otherwise be related to the revenue or
profit of the lessee. The lessor may not profit from the leasing of such
facilities. No such lease shall be effective unless, prior to entering into
such lease: (i) the proposed lessee petitions the State Corporation Commission
to approve such lease of the dark fiber and (ii) the Commission, after notice
and an opportunity for hearing in the affected area, issues a written order
approving the lease or fails to approve or disapprove the lease within 60 days
after notice. The State Corporation Commission shall find that it is in the
public interest to approve such lease unless one of several factors can be
demonstrated to the Commission. The July 1, 2000, sunset provision which was
attached to the 1998 amendments (House Bill No. 335) is repealed.
SUMMARY AS INTRODUCED:
Local telecommunications services. Grants localities, industrial development
authorities and economic development authorities the ability to lease on
nondiscriminatory terms, for a term not to exceed 10 years, certain telecommunications
infrastructure to one or more certificated local exchange telephone
companiesauthorized providers and to not-for-profit educational schools and
institutions, hospitals, health clinics and medical facilities for use in
serving its not-for-profit purposes. The price for such lease may include
reasonable provisions for the recovery of the cost of the network and
installation of additional fiber and related facilities to complete the
lessor's network but shall not otherwise be related to the revenue or profit of
the lessee. The lessor may not profit from the leasing of such facilities. No
such lease shall be effective unless, prior to entering into such lease: (i)
the proposed lessee petitions the State Corporation Commission to approve such
lease of the dark fiber and (ii) the Commission, after notice and an
opportunity for hearing in the affected area, issues a written order approving
the lease or fails to approve or disapprove the lease within 60 days after
notice. The State Corporation Commission shall find that it is in the public
interest to approve such lease unless one of several factors can be
demonstrated to the Commission. The July 1, 2000, sunset provision which was
attached to the 1998 amendments (House Bill No. 335) is repealed.