SB725: Competitive telephone companies; alternative providers.

SENATE BILL NO. 725

Offered January 22, 2016
A BILL to amend and reenact § 56-54.6 of the Code of Virginia, relating to competitive telephone companies; alternative providers.
Patron-- Edwards

Referred to Committee on Commerce and Labor

Be it enacted by the General Assembly of Virginia:

1. That § 56-54.6 of the Code of Virginia is amended and reenacted as follows:

§ 56-54.6. Duties of a competitive telephone company.

A. A competitive telephone company that is an incumbent telephone carrier shall have the duty in its incumbent territory to extend or expand its facilities to furnish retail voice service and facilities when the person, firm, or corporation does not have service available from one or more alternative providers of wireline or terrestrial wireless communications services at prevailing market rates. An entity that is in any manner controlled by or related to the competitive telephone company shall not be considered an alternative provider of wireline or terrestrial wireless communications services.

B. A competitive telephone company shall continue to have the powers and duties provided in the first sentence of subdivision A 2 of § 56-234.

C. For the purposes of subsections A and B, the Commission shall have the authority, upon request of an individual, corporation, or other entity, or a competitive telephone company, to determine whether the wireline or terrestrial wireless communications service available to the party requesting service is a reasonably adequate alternative to local exchange telephone service. Service provided by an entity that in any manner is controlled by or related to the company providing the local exchange telephone service shall not be considered a reasonably adequate alternative to local exchange telephone service.

D. The use by a competitive telephone company of wireline and terrestrial wireless technologies shall not be construed to grant any additional jurisdiction or authority to the Commission over such technologies.

E. For purposes of subsection A, "prevailing market rates" means rates similar to those generally available to consumers in competitive areas for the same services.

F. A competitive telephone company shall have the obligation to provide access to emergency 911 service to its end-user retail customers.