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Substitute Senate Bill No. 519

PUBLIC ACT NO. 96-266

AN ACT CONCERNING LOCAL TELEPHONE SERVICE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Public act 95-326 is repealed and the following is substituted in lieu thereof:

A telecommunications company, as defined in section 16-1, shall not submit a primary LOCAL OR intrastate interexchange carrier change order to a company providing local exchange telephone service prior to the order being confirmed in accordance with the provisions of Subpart K of Part 64 of Title 47 of the Code of Federal Regulations, as from time to time amended. A telecommunications company which the department determines, after notice and opportunity for a hearing as provided in section 16-41, has failed to comply with the provisions of this section shall pay to the state a civil penalty of not more than five thousand dollars per violation.

Sec. 2. Section 16-256c of the general statutes, as amended by section 8 of public act 95-217, is repealed and the following is substituted in lieu thereof:

(a) In establishing criteria for the granting of extended local calling service to a telephone exchange, the Department of Public Utility Control may consider the volume of calls made by such exchange to other exchanges; provided, in considering whether to grant extended local calling service to a telephone exchange within the lowest exchange classification, the calling volume of such exchange shall not be the exclusive or determinative factor.

(b) In any survey of the subscribers of a telephone exchange subject to reclassification which is conducted by a telephone company in response to a petition for extended local calling telephone service, the Department of Public Utility Control shall approve and order such extended local calling if, after a hearing, the department finds that more than fifty per cent of the responding subscribers in each exchange required to be surveyed vote in favor of the additional extended local calling route and at least fifty per cent of all subscribers in each exchange required to be surveyed respond to the survey; provided, only validly completed and signed ballots shall be used in computing the required percentages.

(c) Notwithstanding any provision of the general statutes to the contrary, the Department of Public Utility Control shall consider a petition for extended local calling when (1) the petition is from an exchange which serves less than [thirty-five] THIRTY-EIGHT thousand equivalent main stations, (2) the petition is sponsored by the chief administrative officer of a distressed municipality, as defined in section 32-9p, AS AMENDED which municipality is within the petitioning exchange, (3) the toll messages on the route requested average greater than or equal to four calls per customer per month from the petitioning exchange over a six-month period, and (4) the petitioning exchange has extended local calling to a contiguous exchange which has extended local calling to the exchange to which extended local calling is sought.

Approved June 12, 1996. Effective October 1, 1996.

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