Bill Text: NJ S1794 | 2012-2013 | Regular Session | Introduced
Bill Title: Provides for mail notice of certain telephone rate and tariff changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-15 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S1794 Detail]
Download: New_Jersey-2012-S1794-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Provides for mail notice of certain telephone rate and tariff changes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning telecommunications carriers and amending and supplementing P.L.1991, c.428 (C.48:2-21.16 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Notice of any tariff revisions to competitive telecommunications services which create increased charges to any subscriber shall be sent by the telecommunications carrier by regular mail to all affected subscribers at least 30 days before such revisions take effect.
2. (New section) Notice of any change in rates for noncompetitive telecommunications services which create increased charges to any subscriber shall be sent by the telecommunications carrier by regular mail to all affected subscribers at least 30 days before such changes take effect, notwithstanding that the carrier is regulated under an alternative form of regulation pursuant to section 3 of P.L.1991, c.428 (C.48:2-21.18).
3. Section 4 of P.L.1991, c.428 (C.48:2-21.19) is amended to read as follows:
4. a. Notwithstanding the provisions of R.S.48:2-18, R.S.48:2-21, section 31 of P.L.1962, c.198 (C.48:2-21.2), R.S.48:3-1, or any other law to the contrary, the board shall not regulate, fix or prescribe the rates, tolls, charges, rate structures, terms and conditions of service, rate base, rate of return, and cost of service, of competitive services. The board [may] shall require the local exchange telecommunications company or interexchange telecommunications carrier to file and maintain tariffs for competitive telecommunications services.
b. The board is authorized to determine, after notice and hearing, whether a telecommunications service is a competitive service. In making such a determination, the board shall develop standards of competitive service which, at a minimum, shall include evidence of ease of market entry; presence of other competitors; and the availability of like or substitute services in the relevant geographic area.
c. The board may determine, by rule, order, or in accordance with the provisions of a plan filed pursuant to subsection a. of section 3 of this act, what reports are necessary to monitor the competitiveness of any telecommunications service.
d. The board shall have the
authority to reclassify any telecommunications service that it has previously
found to be competitive if, after notice and hearing, it determines that
sufficient
competition is no longer present, upon application of the criteria set forth in
subsection b. of this section. Upon such a reclassification, subsection a. of
this section shall no longer apply and the board may determine such rates for
that telecommunications service which it finds to be just and reasonable. The
board, however, shall continue to monitor the telecommunications service and,
whenever the board shall find that the telecommunications service has again become
sufficiently competitive pursuant to subsection b. of this section, the board
shall again apply the provisions of subsection a. of this section.
e. Notwithstanding the provisions of subsection a. of this section, the following safeguards shall apply to the offering of any competitive service by a local exchange telecommunications company:
(1) the local exchange telecommunications company shall unbundle each noncompetitive service which is incorporated in the competitive service and shall make all such noncompetitive services separately available to any customer under tariffed terms and conditions, including price, that are identical to those used by the local exchange telecommunications company in providing its competitive service;
(2) the rate which a local exchange telecommunications company charges for a competitive service shall exceed the rates charged to others for any noncompetitive services used by the local exchange telecommunications company to provide the competitive service;
(3) tariffs for competitive services filed with the board shall either be in the public records, or, if the board determines that the rates are proprietary, shall be filed under seal and made available under the terms of an appropriate protective agreement, such as those used in cases before the board; and
(4) nothing in this act shall limit the authority of the board, pursuant to R.S.48:3-1, to ensure that local exchange telecommunications companies do not make or impose unjust preferences, discriminations, or classifications for noncompetitive services.
(cf: P.L.1991, c.428, s.4)
4. This act shall take effect on the 60th day after enactment.
STATEMENT
This bill requires telecommunications companies to send notices of changes in tariffs of competitive telephone services and changes in rates of noncompetitive telephone services by regular mail to affected subscribers at least 30 days before the changes are to go into effect. The changes must increase charges to a subscriber in order to come under the provisions of this bill. N.J.A.C.14:10-5.3 requires five business days notice of proposed tariff changes in competitive services and permits notice to be effected by newspaper publication rather than by mail. This legislation gives subscribers more timely individual notice of tariff and rate changes in competitive and noncompetitive intra-State telephone services.
