GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1997
SESSION LAW 1998-180
The General Assembly of North Carolina enacts:
Section 1. G.S. 62-110(d) reads as rewritten:
"(d) The Commission shall
be authorized, consistent with the public interest and notwithstanding any
other provision of law, to adopt procedures for the purpose of allowing shared
use and/or resale of any telephone service provided to persons who occupy the
same contiguous premises (as such term shall be defined by the Commission);
provided, however, that there shall be no 'networking' of any services
authorized under this subsection whereby two or more premises where such
services are provided are connected, and provided further that the
certificated local exchange telephone company shall be the only provider of any
certificated local provider or any other provider authorized by the Commission
may provide access lines or trunks connecting such authorized service to
the telephone network, and that the local service rates permitted or approved
by the Commission for local exchange lines or trunks being shared or resold
shall be fully compensatory and on a measured usage basis where
facilities are available or on a message rate basis otherwise. Provided
however, the Commission may permit or approve rates on bases other than
measured or message for shared service flat rates, measured rates,
message rates, or some combination of those rates for shared or resold services
whenever the service is offered to patrons of hotels or motels,
occupants of timeshare or condominium complexes serving primarily transient
occupants, to patrons of hospitals, nursing homes, rest homes, or licensed
retirement centers, or to members of clubs or students living in
quarters furnished by educational institutions, or to persons
temporarily subleasing a residential premise. premises. The
Commission shall issue rules to implement the service authorized by this
subsection, considering the competitive nature of the offerings and,
notwithstanding any other provision of law, the Commission shall determine the
extent to which such services shall be regulated and, to the extent necessary
to protect the public interest, regulate the terms, conditions, and rates
charged for such services and the terms and conditions for interconnection to
the local exchange network. The Commission shall require any person offering
telephone service under this subsection by means of a Private Branch Exchange
('PBX') or key system to secure adequate local exchange trunks from the
local exchange telephone company any certificated local provider or any
other provider authorized by the Commission so as to assure a quality of
service equal to the quality of service generally found acceptable by the
Commission. Unless otherwise ordered by the Commission for good cause shown by
the company, the right and obligation of the local exchange carrier certificated
local provider or any other provider authorized by the Commission to
provide local service directly to any person located within its certificated
service area shall continue to apply to premises where shared or resold
telephone service is available, provided however, the Commission shall be
authorized to establish the terms and conditions under which such services
should be provided."
Section 2. G.S. 62-110(e) reads as rewritten:
"(e) Notwithstanding
subsection (d) of this section, the Commission may authorize any telephone
services provided to a nonprofit college or university, and its affiliated
medical centers, which is qualified under Sections 501 and 170 of the United
States Internal Revenue Code of 1986 or which is a State-owned institution, to
be shared or resold by that institution on both contiguous campus premises
owned or leased by the institution and noncontiguous premises owned or leased
exclusively by the institution, provided these services are offered to students
or guests housed in quarters furnished by the institution, patrons of hospitals
or medical centers of the institution, or persons or businesses providing
educational, research, professional, consulting, food, or other support
services directly to or for the institution, its students, or guests. The
services of the certified local exchange telephone company, a
certificated local provider or any other provider authorized by the Commission,
when provided to said colleges, universities, and affiliated medical
centers shall be rated in the same way as those provided for shared service
offered to patrons of hospitals, nursing homes, rest homes, licensed retirement
centers, members of clubs or students living in quarters furnished by
educational institutions as provided for in subsection (d) of this section. The
institutions regulated pursuant to this subsection shall not be prohibited from
electing optional services from the certificated local exchange telephone
company certificated local provider or any other provider authorized by
the Commission which include measured or message rate services. There shall
be no 'networking' of any services authorized under this subsection whereby two
or more different institutions where such services are provided are
interconnected. The certified local exchange telephone company shall be the
only provider of Any certificated local provider or any other provider
authorized by the Commission may provide access lines or trunks connecting
such authorized services to the telephone network. The Commission shall require
such institutions to secure adequate local exchange trunks from the certified
local exchange telephone company certificated local provider or any
other provider authorized by the Commission to assure a quality of service
equal to the quality of service generally found acceptable by the Commission.
Unless otherwise ordered by the Commission for good cause shown by the certified
local exchange telephone company, certificated local provider or any
other provider authorized by the Commission, the right and obligation of the
local exchange company that provider to provide local service
directly to any person located within its certificated service area shall
continue to apply to premises where shared or resold telephone service is
available under this subsection, provided however, the Commission shall be
authorized to establish the terms and conditions under which such service
should be provided. The Commission shall issued issue rules to
implement the services authorized by this subsection."
Section 3. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 29th day of September, 1998.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Harold J. Brubaker
Speaker of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 3:16 p.m. this 8th day of October, 1998