SCS/SBs 1069, 1068, 1025, 1005, & 1089 - This act makes numerous changes to telecommunications law.

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 Public Service Commission (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 - I have removed the federal references and inserted in lieu thereof language narrowing the focus to wireless two-way communications; I have made this change wherever the federal reference to "commercial mobile service provider" was made . 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 other factors are met pursuant to the definition of "effective competition" established in subdivision 13 of Section 386.020. Telecommunication carriers offering pre-paid service shall not be considered companies providing telecommunications service under this act. 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.

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