View Amendment Current Amendment: 5 to Bill 277 Rep. MERRILL proposes the following Amendment No. 5 to S. 277 (COUNCIL\DKA\277C007.DKA.SA16):

Reference is to Printer's Date 4/20/16--H.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION      __.      Section 58-9-280(G)(1) of the 1976 Code is amended to read:

     "(1)      Competition exists for a particular service if, for an identifiable class or group of customers in an exchange, group of exchanges, or other clearly defined geographical area, the service, its functional equivalent, or a substitute service is available from two or more providers. For purposes of this section, competition does not include any wireless telecommunication service. The commission must not:
           (a)      impose any requirements related to the terms, conditions, rates, or availability of broadband service; or
           (b)      otherwise regulate broadband service; however, in order to facilitate the continued deployment of broadband service by rural telephone companies as defined in 47 U.S.C. Section 153 (37), facilities utilized by rural telephone companies for the provision of broadband service must continue to be treated by the commission in the same manner as they were treated as of January 1, 2003, so as not to impact the provision or pricing of regulated telecommunications services by rural telephone companies. The commission shall not regulate a service for which competition exists if the market for that service is sufficiently competitive to protect the public interest. If the commission finds that competition exists for a particular service, but that service is not sufficiently competitive to protect the public interest, the commission must provide appropriate regulatory and pricing flexibility to all providers of the service." /

Renumber sections to conform.
Amend title to conform.