Amendment #94 to H4165

Web Posting

Mr. Mahoney of Worcester moves to amend the bill by adding the following sections:-

SECTION XX.  Section 19 of chapter 159 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting at the end thereof the following sentence:- The department may exempt any common carrier from any provision of this section upon a determination by the department, after notice and hearing, that such exemption to any such provision is in the public interest.

SECTION XX. Said chapter 159 is hereby further amended by adding the following section:-

Section 19 F. (a) Notwithstanding section 19, a common carrier furnishing services described in paragraph (d) of section 12 may post on its website the rates, terms and conditions of any retail service it offers, renders or furnishes within the commonwealth. Section 19 shall not apply to any such retail service so posted, and such common carrier shall not be required to file with the department or obtain department approval of any schedule for such service.  No such common carrier shall, except as otherwise provided in this chapter, charge, demand, exact, receive or collect a rate in excess of the rate as posted to its website in accordance with this paragraph. Upon written notice to the department, such company or carrier may withdraw any schedule, contract or agreement previously filed with the department under section 19 for any such retail service so posted under this paragraph.  This subsection shall not apply to a rural telephone company as defined in 47 U.S.C. § 153 except upon approval of the department.  Nothing in this section shall affect the authority of the department (1) to require 30 days’ notice to any affected consumer of any increase in rates for retail services so posted; (2) to require its prior approval of any increase in rates for residential basic exchange service offered by an incumbent local exchange carrier, as defined in 47 U.S.C § 251(h); (3) under sections 13, 14 and 20; or (4) over switched access or wholesale services.

(b) Common carriers shall electronically notify the department on the same business day of posting any change in rates and terms or conditions for a retail service posted under this section and thereby not subject to section 19, unless the department exempts a common carrier from this subsection.