Telecommunications - As enacted, enacts the "Uniform Access, Competition, and Consumer Fairness Act of 2011." - Amends TCA Title 65, Chapter 5.
SB0598 has been assigned Public Chapter Number 68 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB0598Date
    Pub. Ch. 68 04/28/2011
    Effective date(s) 04/12/1104/28/2011
    Signed by Governor.04/12/2011
    Transmitted to Gov. for action.03/31/2011
    Signed by H. Speaker03/31/2011
    Signed by S. Speaker03/30/2011
    Enrolled and ready for signatures03/29/2011
    Sponsor(s) Added.03/29/2011
    Passed H., Ayes 84, Nays 12 03/28/2011
    Am. withdrawn.(Amendment 1 - HA0081)03/28/2011
    Rcvd. from S., held on H. desk.03/28/2011
    Subst. for comp. HB.03/28/2011
    Engrossed; ready for transmission to House03/24/2011
    Sponsor(s) Added.03/24/2011
    Passed S. as am., Ayes 26, Nays 603/24/2011
    S. adopted am.(Amendment 1 of 0 - SA0078)03/24/2011
    Placed on Senate Regular Calendar cal. for 3/24/201103/22/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 8, Nays 1 PNV 003/15/2011
    Placed on S. C,L&A Comm. cal. for 3/15/201103/09/2011
    Action Def. in S. C,L&A Comm. to 3/15/201103/01/2011
    Placed on S. C,L&A Comm. cal. for 3/1/201102/23/2011
    Action Def. in S. C,L&A Comm. to 3/1/201102/22/2011
    Placed on S. C,L&A Comm. 1 cal. for 2/22/201102/16/2011
    P2C, ref. to S. C,L&A Comm.02/16/2011
    Intro., P1C.02/14/2011
    Filed for intro.02/10/2011
    Actions For HB0574Date
    Comp. became Pub. Ch. 6804/28/2011
    Sponsor(s) Added.03/28/2011
    Comp. SB subst. 03/28/2011
    H. Placed on Regular Calendar for 3/28/201103/24/2011
    Placed on cal. Calendar & Rules Committee for 3/24/201103/23/2011
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee03/22/2011
    Placed on cal. Commerce Committee for 3/22/201103/16/2011
    Rec. for pass. if am. by s/c ref. to Commerce Committee03/16/2011
    Action Def. in s/c Commerce Subcommittee to 3/16/201103/15/2011
    Placed on s/c cal Commerce Subcommittee for 3/16/201103/09/2011
    Placed on s/c cal Commerce Subcommittee for 3/15/201103/09/2011
    Action Def. in s/c Commerce Subcommittee to 3/16/201103/09/2011
    Placed on s/c cal Commerce Subcommittee for 3/9/201103/08/2011
    Action Def. in s/c Commerce Subcommittee to 3/9/201103/08/2011
    Placed on s/c cal General Sub of Commerce for 3/8/201103/02/2011
    Action Def. in s/c General Sub of Commerce to 3/9/201102/23/2011
    Placed on s/c cal General Sub of Commerce 1 for 2/23/201102/16/2011
    Assigned to s/c General Sub of Commerce02/16/2011
    Sponsor(s) withdrawn. 02/15/2011
    Sponsor(s) Added.02/15/2011
    P2C, ref. to Commerce Committee02/14/2011
    Intro., P1C.02/10/2011
    Filed for intro.02/09/2011
  • AmendmentsFiscal Memos
    SA0078Amendment 1-1 to SB0598 
    AmendmentsFiscal Memos
    HA0081Amendment 1-1 to HB0574 

  • Videos containing keyword: SB0598

  • Fiscal Summary

    Not Available


    Bill Summary

    This bill prohibits any public utility or telephone cooperative that provides switched access service for intrastate toll telecommunications services (referred to in the bill and this summary as an "entity") from imposing intrastate switched access charges that exceed the interstate switched access charges imposed by the entity. Such entity must utilize the same rate structure for the provision of intrastate switched access service that the entity uses for the provision of interstate switched access service. However:
    (1) Until rules governing the funding of the state relay service have been promulgated and have taken effect, an entity may include in its intrastate switched access charges as a separate intrastate switched access rate element an additur established by the Tennessee regulatory authority (TRA) to maintain the Tennessee relay service consistent with present law regarding the assistive telecommunications device distribution program; such amount may not exceed the additur established as of the effective date of this bill;
    (2) Any entity that, as of the effective date of this bill, is imposing intrastate switched access charges that, on an average per minute basis, are higher than the average per minute interstate switched access charges imposed by the entity, within 60 days after the effective date of this bill, must:
    (A) Establish an intrastate switched access rate structure that is the same as its interstate switched access rate structure; and
    (B) Implement revised intrastate switched access charges to effectuate a reduction of at least 20 percent in the difference between the average per minute intrastate switched access rate in effect for the entity on the effective date of this bill and the average per minute interstate switched access rate in effect for the entity on the effective date of this bill;
    (3) Any entity reducing its intrastate switched access rates as described in (2) must implement the following reductions in intrastate switched access charges:
    (A) By the first anniversary of the effective date of this bill, a reduction of at least 40 percent in the difference between the average per minute intrastate switched access rate in effect for the entity on the effective date of this bill and the average per minute interstate switched access rate in effect for the entity on the effective date of this bill;
    (B) By the second anniversary of the effective date of this bill, a reduction of at least 60 percent in the difference between the average per minute intrastate switched access rate in effect for the entity on this bill's effective date and the average per minute interstate switched access rate in effect for the entity on this bill's effective date;
    (C) By the third anniversary of the effective date of this bill, a reduction of at least 80 percent in the difference between the average per minute intrastate switched access rate in effect for the entity on the effective date of this bill and the average per minute interstate switched access rate in effect for the entity on the effective date of this act; and
    (D) By the fourth anniversary of the effective date of this bill, the entity must implement revised intrastate switched access charges that do not exceed the interstate switched access charges imposed by the entity.

    An entity that implements an increase in an intrastate switched access rate element between February 1, 2011, and 60 days after the effective date of this bill, and that is transitioning its intrastate access rates as described in (2) and (3) must reduce such intrastate switched access rate element to the rate in effect on January 31, 2011, within 60 days after the effective date of this bill. Such reductions must be effectuated using the average per minute intrastate switched access rate in effect for the entity on January 31, 2011, instead of the average per minute intrastate switched access rate in effect for the entity on the effective date of this bill.

    A competing telecommunications service provider may provide by tariff that its intrastate switched access charges are the same as those of the incumbent local exchange telephone company for whose service area the competing provider is offering intrastate switched access service, and be deemed thereby to comply with the requirements of this bill.

    This bill authorizes an entity that transitions its intrastate access rates as described in (2) and (3) to adjust its retail rates each year to recover any revenue losses resulting from its revision of intrastate switched access rates and rate structure. The TRA may not review or regulate such retail rate adjustments.

    To the extent the interstate switched access rates or rate structure of an entity change consistent with applicable federal law, then the entity would have 30 days to implement the same changes for its provision of intrastate switched access services.

    Within 60 days of the effective date of this bill, any entity that is providing switched access service must file and thereafter maintain a tariff or price list with the TRA setting forth its intrastate switched access rates and rate structure.

    ON MARCH 24, 2011, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 598, AS AMENDED.

    AMENDMENT #1 revises various deadlines described in the above bill summary, as follows:

    (1) Revises (2) in the above bill summary to specify that any entity that, as of the effective date of this bill, is imposing intrastate switched access charges that are higher than the average per minute interstate switched access charges imposed by the entity, must comply with (2)(A) and (B) "by April 1, 2012", instead of "within 60 days of the effective date of the bill". Similarly, this amendment changes any other reference in the bill to "60 days of the effective date of the bill" to "April 1, 2012";
    (2) Revises the above (3)(A) to require such reductions to be implemented "by April 1, 2013", instead of "by the first anniversary of the effective date of the bill";
    (3) Revises the above (3)(B) to require such reductions to be implemented "by April 1, 2014", instead of "by the second anniversary of the effective date of the bill";
    (4) Revises the above (3)(C) to require such reductions to be implemented "by April 1, 2015", instead of "by the third anniversary of the effective date of the bill"; and
    (5) Revises the above (3)(D) to require such reductions to be implemented "by April 1, 2016", instead of "by the fourth anniversary of the effective date of the bill".

    Similarly, this amendment changes any other reference in the bill to "the fourth anniversary of the effective date of the bill" to "April 1, 2016".

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    House moved to substitute and conform to HB0574

    SB0598 by Norris - FLOOR VOTE: PASSAGE ON THIRD CONSIDERATION 3/28/2011
    Passed
              Ayes...............................................84
              Noes...............................................12

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Brown, Butt, Camper, Carr, Casada, Casada, Cobb, Coley, Cooper, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Eldridge, Evans, Faison, Favors, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harrison, Harwell, Hawk, Hawk, Haynes, Holt, Hurley, Johnson C, Johnson C, Johnson P, Jones S, Kernell, Lollar, Maggart, Marsh, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Powers, Pruitt, Ragan, Ramsey, Rich, Richardson, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Stewart, Swann, Tindell, Todd, Towns, Turner J, Turner M, White, Williams K, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 84.
              Representatives voting no were: Campbell, Harmon, Hensley, Hill, Keisling, Matheny, McDonald, Pody, Tidwell, Watson, Weaver, Windle -- 12.

              HB0574 by McCormick - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 3/24/2011
              Voice Vote - Ayes Prevail

              HB0574 by McCormick - HOUSE BUSINESS AND UTILITIES COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 3/22/2011
              Voice Vote - Ayes Prevail Rep.(s) Harmon, Pody requested to be recorded as voting No

              HB0574 by McCormick - HOUSE BUSINESS AND UTILITIES SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Commerce Committee 3/16/2011
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB0598 by Norris - FLOOR VOTE: THIRD CONSIDERATION AMENDED 3/24/2011
    Passed
              Ayes...............................................26
              Noes................................................6

              Senators voting aye were: Bell, Berke, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Harper, Haynes, Henry, Herron, Johnson, Kelsey, Ketron, Marrero, McNally, Norris, Overbey, Ramsey, Southerland, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 26.
              Senators voting no were: Barnes, Beavers, Burks, Roberts, Stewart, Summerville -- 6.

              SB0598 by Norris - FLOOR VOTE: MOTION TO ADOPT AMEND# 1 BY Johnson 3/24/2011
              VOICE VOTE: Failed

    SB0598 by Norris - SENATE COMMERCE AND LABOR COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 3/15/2011
    Passed
              Ayes................................................8
              Noes................................................1

              Senators voting aye were: Beavers, Burks, Faulk, Gresham, Johnson, Southerland, Tate, Woodson -- 8.
              Senators voting no were: Stewart -- 1.