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1999 SESSION

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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 The July 1, 2000, sunset provision which was attached to the 1998 amendments (House Bill No. 335) is repealed.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.