- Substitute -

SS/SCS/SB's 1069, 1068, 1025, 1005, & 1089 - This act pertains to telecommunications.

SECTION 386.020 (SB 1069) - Pertaining to competitive classification. This act modifies the definition of "effective competition". It is still to be decided by the PSC but added language clarifies that wireless carriers shall be included in the instances where competition is being decided. Changes have been made to the definition of "competitive classification" here, namely the reference to wireless services. A change was made in this substitute to this definition, the word "telecommunications" has been removed and replaced with the original wording "commercial mobile service provider", however there are no federal references to such definition. The qualification that currently allows the PSC to consider any factors deemed relevant and necessary to the commission's decision has been eliminated with this provision.

SECTION 392.200 (SB 1025 & 1089) - Pertaining to customer specific pricing and special promotions. This act authorizes customer specific pricing on an equal basis for incumbent and alternate local exchange companies in certain circumstances. Included therein, and new to this act, are retail services, DS-1 or higher, and ISDN PRI services offered to retail end user business customers classified as competitive pursuant to subsection 5 of Section 392.245, RSMo.

This act authorizes every telecommunication company to offer discounted rates or other special promotions on any of its services to any existing, new and/or former customers.

SECTION 392.220 (SB 1069) - Pertaining to rate rebalancing. Modifies the current law that states that the Public Service Commission has 30 days to approve and/or suspend tariff applications by telecommunication companies. Tariffs are prices set for services offered. This act changes that time frame to 20 days to reflect electronic automation of the tariff application process.

SECTION 392.245 (SB 1069 & SB 1005) - Pertaining to rate rebalancing. This act adds language clarifying that a small incumbent local exchange company may elect to be regulated by the PSC if two or more wireless providers are providing services in any part of the small incumbent company's service area.

This act expands the current law regarding rate rebalancing for two more years - as it stands, eligible telecommunications companies have 4 years to undergo rate rebalancing, this act changes that time frame to 6 years.

Pertaining to price cap regulations. This act clarifies the opportunity for an incumbent, local exchange telecommunications company to change its rates by filing tariffs with the Public Service Commission and provided the change is consistent with Subsections 2 through 5 of Section 392.200, RSMo.

Pertaining to competitive classification. This act clarifies that telecommunications service shall be classified as competitive in an exchange in which at least one non-affiliated local company has been certified to provide service in that exchange and is currently providing the service, one non-affiliated wireless carrier is licensed by the FCC to provide service in that exchange and is currently providing the service, any incumbent local exchange company classified as competitive under this section is offering service and is currently providing the service, and other factors are met pursuant to the definition of "effective competition" established in subdivision 13 of Section 386.020. Changes made to this section involved including affiliates in the requirement for broadband deployment, and changing the standard for companies providing that service. As it stands, the broadband requirement is, where technically feasible, at least fourteen thousand feet from the central office - a change from eighteen thousand feet. Telecommunication carriers offering pre-paid service shall not be considered companies providing telecommunications service under this act, however a change to this substitute makes it clear that prepaid resellers can be used for determining price cap status. This act maintains and adds to the current provision that allows the PSC to go into an exchange any time, but no less than every five years, after an incumbent local exchange carrier's services have been determined competitive to reevaluate that exchange.

SECTION 392.351 (SB 1068) - Pertaining to calling party information. This act directs any provider of a telecommunications service that originates or forwards any intrastate, interexchange message over the public switched telecommunication network, to transmit the jurisdictionally appropriate telephone number of the party initiating the message. Wireless providers shall be considered providers of telecommunication services under this section.

SA 1 - ADDED LANGUAGE TO THE "EFFECTIVE COMPETITION" DEFINITION THAT WOULD TAKE INTO ACCOUNT THE EXTENT TO WHICH COMPETITIVE CLASSIFICATION IN URBAN AND SUBURBAN AREAS WILL ASSIST THE ILEC IN PROVIDING ADEQUATE AND AFFORDABLE SERVICE TO HIGH-COST AND UNDERSERVED AREAS OF THE STATE.

SA 1 TO SA 1 - ADDED MORE FACTORS TO THE DEFINITION OF "EFFECTIVE COMPETITION" SUCH AS MARKET SHARE, SUBSCRIBERSHIP LEVEL DECREASES IN REVENUE CAUSED BY INCREASED USE OF TELECOMMUNICATION SERVICES FROM OTHER PROVIDERS AND THE EXTENT TO WHICH COMPETITIVE PRESSURE ENSURES THAT PRICES REMAIN JUST AND REASONABLE, AND ANY FACTORS DEEMED RELEVANT BY THE PSC.

This act incorporates provisions from SB's 1069, 1068, 1089, 1025 and 1005.

MEGAN CRAIN