Current Status Introducing Body:
HouseBill Number: 4532Ratification Number: 378Act Number: 347Primary Sponsor: HodgesType of Legislation: GBSubject: Telephone utility, PSC to determine ratesCompanion Bill Number: 1070Date Bill Passed both Bodies: 19940322Computer Document Number: BBM/10829JM.94Governor's Action: SDate of Governor's Action: 19940420Introduced Date: 19940118Date of Last Amendment: 19940310Last History Body: ------Last History Date: 19940420Last History Type: Act No. 347Scope of Legislation: StatewideAll Sponsors: Hodges Corning Cromer Harwell Jennings Scott D. Smith J. Wilder R. Young Wilkins Harrell Clyborne BoanType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 4532 ------ 19940420 Act No. 347 4532 ------ 19940420 Signed by Governor 4532 ------ 19940414 Ratified R 378 4532 House 19940322 Concurred in Senate amendment, enrolled for ratification 4532 Senate 19940311 Read third time, returned to House with amendment 4532 Senate 19940310 Amended, read second time, unanimous consent for third reading on Friday, March 11, 1994 4532 Senate 19940302 Committee Report: Favorable 11 with amendment 4532 Senate 19940217 Introduced, read first time, 11 referred to Committee 4532 House 19940216 Read third time, sent to Senate 4532 House 19940215 Amended, read second time 4532 House 19940209 Debate adjourned until Tuesday, February 15, 1994 4532 House 19940203 Committee Report: Favorable 25 with amendment 4532 House 19940118 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
(A347, R378, H4532)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-575 SO AS TO PROVIDE THAT IN FIXING RATES AND CHARGES FOR A LOCAL EXCHANGE TELEPHONE UTILITY, THE PUBLIC SERVICE COMMISSION MAY, UPON THE REQUEST OF THE TELEPHONE UTILITY OR UPON THE COMMISSION'S OWN MOTION, CONSIDER IN LIEU OF THE PROCEDURES PROVIDED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THE TELEPHONE UTILITY, PROVIDE THAT THE COMMISSION MAY, ON ITS OWN MOTION OR THE MOTION OF ANY INTERESTED PARTY, REVIEW ANY DECISION ADOPTING AN ALTERNATIVE METHOD OF REGULATION FOR A LOCAL EXCHANGE TELEPHONE UTILITY, PROVIDE THAT AFTER NOTICE AND OPPORTUNITY TO BE HEARD AND UPON A SHOWING BY SUBSTANTIAL EVIDENCE, THE COMMISSION MAY IMPOSE REGULATORY STANDARDS CONSISTENT WITH THE PROVISIONS OF CHAPTER 9, TITLE 58, AND PROVIDE FOR RELATED MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
Alternative regulation authorized
SECTION 1. The 1976 Code is amended by adding:
"Section 58-9-575. (A) Notwithstanding the provisions of Section 58-9-570, in fixing rates and charges for a local exchange telephone utility, the commission may, upon the request of the telephone utility or upon the commission's own motion, consider in lieu of the procedures provided in this chapter, alternative means of regulating the telephone utility. If the commission determines that a local exchange telephone utility is subject to competition with respect to its services, the commission may implement regulatory alternatives including, but not limited to, equitable sharing of earnings between a local exchange telephone utility and its customers, consistent with the provisions of Section 58-9-330.
(B) The commission shall review and may authorize implementation of an alternative regulatory plan under subsection (A) if it finds after notice and hearing that the substantial evidence of record shows that the plan:
(1) is consistent with the public interest;
(2) does not jeopardize the availability of reasonably affordable and reliable telecommunications services;
(3) provides clearly identifiable benefits to consumers that are not otherwise available under existing regulatory procedures;
(4) will reduce regulatory delay and costs;
(5) provides adequate safeguards to consumers of telecommunications services, including other telecommunications companies, when such services are not readily available from alternative suppliers in the relevant geographic market;
(6) includes effective safeguards to assure that rates for noncompetitive services do not subsidize the prices charged for competitive services. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives;
(7) assures that rates for noncompetitive services are just, reasonable, or not unduly discriminatory and provide a contribution to basic local telephone service; and
(8) does not jeopardize the ability of the telephone utility to provide quality, affordable telecommunications service.
(C) The commission may, on its own motion or the motion of any interested party, review any decision adopting an alternative method of regulation for a local exchange telephone utility. After notice and opportunity to be heard and upon a showing by substantial evidence, the commission may impose regulatory standards consistent with the provisions of this chapter."
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 20th day of April, 1994.