Bill Summary for S 88 (2015-2016)

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Summary date: 

Jun 17 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 88 (Public) Filed Monday, February 16, 2015
AN ACT TO ASSIGN POLE ATTACHMENT DISPUTES TO THE NORTH CAROLINA UTILITIES COMMISSION.
Intro. by Brown.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Amends GS 62-350(a) deleting proposed clarifying changes. Also adds language that requires fees due from a communications service provider accessing or attaching to poles, ducts, or conduits to be billed by a separate invoice and not bundled with charges for electric service. 

Amends GS 62-350(c) to provide that the North Carolina Utilities Commission (Commission) has exclusive jurisdiction over proceedings arising under this statute and will adjudicate disputes on a case-by-case basis (previously, stated that it would adjudicate individual disputes on a case-by-case basis). Adds clarifying language providing that the statute does not impact or expand the Commission's authority pursuant to GS 62-133.5(h) or (m) concerning alternative regulation, tariffing, and deregulation of telecommunications utilities. Further amends the subsection to provide that the Public Staff can, at the discretion of the Commission, be made a party to any proceedings under GS 62-350 (previously, provided the Public Staff would automatically be made a party to proceedings as specified). 

Amends GS 62-350(d)(4) concerning procedures for pole attachments in the absence of an agreement, making a technical correction and adding language that provides that the statute does not impact or expand the Commission's authority pursuant to GS 62-133.5(h) or (m) concerning alternative regulation, tariffing, and deregulation of telecommunications utilities. Further amends the subsection to provide that the Public Staff can, at the discretion of the Commission, be made a party to any proceedings under GS 62-350 (previously, provided the Public Staff would automatically be made a party to proceedings as specified).

Enacts GS 62-350(h) to provide that the Commission can, as part of a final adjudication, assess dispute adjudication costs, not to exceed $10,000, against parties to the dispute proceeding. Also allows the assessment of additional costs for expenses incurred as a result of hiring expert witnesses or other individuals with professional expertise. 

Provides that the Commission can also consider methodologies previously applied when considering evidence presented by a party in a proceeding.