Bill Summary for S 88 (2015-2016)
|View NCGA Bill Details||2015-2016 Session|
AN ACT TO ASSIGN POLE ATTACHMENT DISPUTES TO THE NORTH CAROLINA UTILITIES COMMISSION.Intro. by Brown.
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Senate committee substitute makes the following changes to the 1st edition:
Amends the act's short and long titles.
Amends GS 62-350(a), making a technical change.
Amends GS 62-350(c) to provide that when parties are unable to reach an agreement as specified, then either party can initiate proceedings to resolve the dispute before the the North Carolina Utilities Commission (Commission). Provides that the Commission has exclusive jurisdiction over proceedings arising under this section and will adjudicate individual disputes on a case-by-case basis. Provides that the Commission cannot exercise general rate-making authority over communication service provider use of municipal or membership corporation facilities. Also provides that Public Staff will be automatically made a party to any such proceedings and must provide evidence and argument as appropriate. Provides that the Commission can consider any evidence or rate-making methodologies offered or proposed (previously, such disputes were brought under the jurisdiction of the NC Business Court with requirements that the action be resolved in 180 days). Makes conforming changes.
Amends GS 62-350(d)(4) concerning procedures for pole attachments in the absence of an agreement, adding language which provides for the same provisions detailed above about the initiating of proceedings to resolve a dispute before the Commission.
Amends GS 62-350(f), making conforming changes.
Repeals GS 7A-45.4(b)(3), concerning actions involving pole attachment disputes as business cases.
Provides that the Commission can consider any evidence presented by a party in a proceeding under GS 62-350.