Amendment #125 to H4165

Wireless Amendment

Mr. Cusack of Braintree moves to amend the bill by adding the following sections:-

SECTION XX. Chapter 25C of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after section 7 thereof the following section.

Section 8.

(a)Notwithstanding chapter 159 or any other general or special law to the contrary, the department shall have no jurisdiction, general supervision, regulation or control over wireless service, including mobile radio telephone service, or radio utilities.

(b)Nothing in this section shall be construed to affect or modify:

(1) the authority of the attorney general to apply and enforce chapter 93A and other consumer protection laws of general applicability;

(2) the authority of the department under sections 18B and 18H, of Chapter 6A, concerning enhanced 911 service; under section 3 of Chapter 40A; under section 15E of Chapter 166, concerning telephone relay service; and under section 25A of Chapter 166, concerning pole attachments;

(3) the rights and obligations of any carrier under 47 U.S.C. § 251 or 47 U.S.C. § 252

(4) the authority of the department to administer federal programs supported by the federal Universal Service Fund including the Lifeline and Link-up programs, the E-rate program, or the Connect America Fund.

(5) The authority and jurisdiction of the department as is reasonably necessary relative to the third to fifth sentences of 47 U.S.C. § 332(c)(3)(A), inclusive.

(6) The obligations under state or federal law of a carrier classified as an incumbent local exchange carrier, as defined in 47 U.S.C. § 251(h), as of January 1, 2014.

(7) The authority of the department relative to consumer complaints, or to perform consumer education activities.

SECTION XX.  Sections 12A, 12B, 12C, 12D, and 14A of Chapter 159 are hereby repealed