RSA 374:22-p · Affordable Telephone Service; Rulemaking; Standards

374:22-p Affordable Telephone Service; Rulemaking; Standards. –

Copy link

I.

(a) For the purposes of this section, "Federal Telecommunications Act" means the federal Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56.

Copy link

(b)

For purposes of this section "basic service" means:

Copy link

(1)

Safe and reliable single-party, single line voice service;

Copy link

(2)

The ability to receive all noncollect calls, at telephone lines capable of receiving calls, without additional charge;

Copy link

(3)

The ability to complete calls to any other telephone line, which is capable of receiving calls, in the state;

Copy link

(4)

The opportunity to presubscribe to interLATA toll carriers;

Copy link

(5)

The opportunity to presubscribe to intraLATA toll carriers;

Copy link

(6)

Dialing parity;

Copy link

(7)

Number portability;

Copy link

(8)

Enhanced 911, pursuant to the requirements of the department of safety, bureau of emergency communications, or its successor agency;

Copy link

(9)

Access to statewide directory assistance;

Copy link

(10)

Telecommunications relay service (TRS);

Copy link

(11)

A published directory listing, at the customer's election;

Copy link

(12)

A caller identification blocking option, on a per-call basis;

Copy link

(13)

A caller identification line blocking option that is available to all customers without a recurring charge and is provided upon customer request without charge to customers who have elected nonpublished telephone numbers and is available without a nonrecurring charge to customers who certify that caller identification threatens their health or safety and is available without a nonrecurring charge when requested with installation of basic service;

Copy link

(14)

A blocking option for pay-per-call calls, such as blocking all 900 or all 976 area code calls;

Copy link

(15)

The ability to report service problems to the customer's basic service provider on a 24-hour basis, 7 days a week; and

Copy link

(16)

Automatic Number Identification (ANI) to other carriers which accurately identifies the telephone number of the calling party.

Copy link

(c)

Any combination of basic service along with any other service or feature offered by the telecommunications service provider is nonbasic service and shall not be regulated by the commission.

Copy link

(d)

Any telecommunications service provider which is not an incumbent local exchange carrier shall not be required to provide basic service.

Copy link

II.

Subject to RSA 362:6, the department of energy shall require every provider of intrastate telephone service to participate in outreach programs designed to increase the number of low-income telephone customers on the network through increased participation in any universal service program approved by the department and statutorily established by the legislature. Statewide outreach programs shall continue until further order of the department.

Copy link

III.

The department of energy shall seek to ensure that affordable basic telephone services are available to consumers throughout all areas of the state at reasonably comparable rates.

Copy link

IV.

(a) The department of energy shall maintain and update rules to implement this section and shall, after the statutory establishment of a universal service fund, require every provider of intrastate telephone services to contribute to a state universal service fund to support programs consistent with the goals of applicable provisions of this title and the Federal Telecommunications Act.

Copy link

(b)

If the department of energy, upon statutory establishment of a universal service program, establishes a state universal service fund pursuant to this section, the department shall contract with an appropriate independent fiscal agent that is not a state entity to serve as administrator of the state universal service fund. Program administration shall be designed in the most cost-effective manner possible. Funds contributed to a state universal service fund are not state funds and therefore are not subject to provisions of law relating to the general fund. Rules and any state universal service fund requirements established by legislative enactment and by the department pursuant to this section shall:

Copy link

(1)

Be reasonably designed to maximize federal assistance available to the state for universal service purposes.

Copy link

(2)

Meet the state's obligations under the Federal Telecommunications Act.

Copy link

(3)

Be consistent with the goals of the Federal Telecommunications Act.

Copy link

(4)

Ensure that any requirements regarding contributions to a state universal service fund be nondiscriminatory and competitively neutral.

Copy link

(5)

Require explicit identification on customer's bills of contributions to and in the event of fund termination, refunds from, any state universal service fund established pursuant to the section.

Copy link

(6)

Allow consideration in appropriate rulemaking proceedings of contributions to and in the event of fund termination, refunds from, any state universal service fund established pursuant to this section.

Copy link

(c)

For purposes of this section, "providers of intrastate telephone services" includes providers of radio paging service and, subject to the provisions of the Federal Communications Act as amended and codified at 47 U.S.C. sec. 332(c)(3)(A), mobile telecommunications services.

Copy link

(d)

Prior to requiring that providers of intrastate telephone service contribute to a state universal service fund and prior to statutory establishment of a universal service fund, the department of energy shall report to the general court its determination of the expected program costs, the amount and type of the funding mechanism, the number of people proposed to be served, the level of proposed service, and the administrative design of the proposed fund.

Copy link

V.

The department of energy, annually, shall assess the penetration rate of basic telephone services. If this penetration rate ever falls below the national average penetration rate, the department shall commence an investigation and take steps to enhance telephone market penetration. The department, annually, shall assess the success of any action taken by the department to achieve the purpose of this section. The public policy goal should be to raise the low income penetration level as close as reasonably possible to the statewide average. VI, VII. [Repealed.]

Copy link

VIII.

Notwithstanding the provisions of RSA 374:1-a:

Copy link

(a)

Incumbent local exchange carriers, whether qualified as an excepted local exchange carrier or otherwise, may not discontinue residential basic service, regardless of technology used, in any portion of their franchise area unless the department of energy determines that the public good will not be adversely affected by such withdrawal of service;

Copy link

(b)

Rates for basic service of incumbent local exchange carriers which qualify as excepted local exchange carriers may not increase by more than 5 percent for Lifeline Telephone Assistance customers and by more than 10 percent for all other basic service customers in each of the 8 years after the effective date of this paragraph or the effective date of an existing alternative plan of regulation, except for additional rate adjustments, with department of energy review and approval, to reflect changes in federal, state, or local government taxes, mandates, rules, regulations, or statutes; and

Copy link

(c)

Incumbent local exchange carriers which qualify as excepted local exchange carriers shall report the rates for basic service to the department of energy within 60 days of the effective date of this paragraph and upon any changes to the rates.

Copy link

IX.

Notwithstanding RSA 362:6, the commission may designate any commercial mobile service provider or telecommunications company as an eligible telecommunications carrier for purposes of receiving federal universal service support and offering services supported by federal universal service support mechanisms. This is in addition to any commercial mobile service provider or telecommunications company designated as an eligible telecommunications carrier pursuant to 47 U.S.C. sections 214(e)(1) and 214(e)(2), and 47 C.F.R. section 54.201. The commission may adopt rules necessary to implement this subsection. Source. 2001, 220:3. 2004, 132:6, eff. July 18, 2004. 2012, 177:11, 12, eff. Aug. 10, 2012. 2013, 279:6, eff. July 27, 2013. 2021, 91:270, eff. July 1, 2021. 2025, 155:1, eff. Sept. 5, 2025. Public Interest Payphones

Copy link