SB 491 — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in alternative form of regulation of telecommunications services, further providing for network modernization plans and for additional powers and duties of commission.

PRINTER'S NO.    446

                       THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          SENATE BILL
                          No. 491
                                                 Session of
                                                   2025

     INTRODUCED BY PHILLIPS-HILL, BARTOLOTTA, ROTHMAN, PENNYCUICK,
        J. WARD, BAKER, STEFANO AND MASTRIANO, MARCH 21, 2025

     REFERRED TO COMMUNICATIONS AND TECHNOLOGY, MARCH 21, 2025


                                      AN ACT
 1   Amending Title 66 (Public Utilities) of the Pennsylvania
 2      Consolidated Statutes, in alternative form of regulation of
 3      telecommunications services, further providing for network
 4      modernization plans and for additional powers and duties of
 5      commission.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.      Section 3014(b) of Title 66 of the Pennsylvania
 9   Consolidated Statutes is amended by adding paragraphs to read:
10   § 3014.    Network modernization plans.
11      * * *
12      (b)    Options for amendment of network modernization plan.--
13   Local exchange telecommunications companies shall have the
14   following options:
15             * * *
16             (9)   Effective January 1, 2026, the network modernization
17      plans of all local exchange telecommunications companies
18      shall be deemed amended to provide that the local exchange
19      telecommunications company is not required to make broadband
 1      available under this chapter to any customer or location to
 2      which broadband is available from any other provider
 3      utilizing any technology.
 4             (10)    Effective January 1, 2027, the network
 5      modernization plans of all local exchange telecommunications
 6      companies shall be deemed amended to provide that the local
 7      exchange telecommunications company is not required to make
 8      broadband available under this chapter to any customer or
 9      location.
10             (11)    Effective January 1, 2027, notwithstanding any
11      other provisions of this title or any other law, the network
12      modernization plans of all local exchange telecommunications
13      companies shall be deemed amended to provide as follows:
14                    (i)    telecommunications services offered by the local
15             exchange telecommunications company may be supplied using
16             any technology, provided that the use of an alternative
17             technology shall not be construed to grant any additional
18             jurisdiction or authority to the commission over the
19             service or technology; and
20                    (ii)    the local exchange telecommunications company
21             shall not have the duty to extend, expand or continue in
22             place its facilities to furnish telecommunications
23             services when the customer has service available from one
24             or more alternative providers of wireline or wireless
25             communications services.
26      * * *
27      Section 2.          Section 3019(c) of Title 66 is amended and the
28   section is amended by adding a subsection to read:
29   § 3019.    Additional powers and duties.
30      * * *

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 1      (c)   [(Reserved).] Streamlined regulations for
 2   telecommunications carriers.--
 3            (1)   Notwithstanding any other provisions of this title
 4      and subject to paragraph (2), the commission, within 30 days
 5      after the effective date of this paragraph, by order
 6      published on the commission's publicly accessible Internet
 7      website and served upon all certificated telecommunications
 8      carriers, shall permanently waive its regulations at 52 Pa.
 9      Code Ch. 53 (relating to tariffs for noncommon carriers), §§
10      53.57 (relating to definitions), 53.58 (relating to offering
11      of competitive services), 53.59 (relating to cost support
12      requirements and effective filing dates for tariff filings of
13      noncompetitive services), 53.60 (relating to promotional
14      offerings and bundled service packages) and 53.85 (relating
15      to paper billing fees), as well as all provisions of 52 Pa.
16      Code Chs. 63 (relating to telecommunications service) and 64
17      (relating to standards and billing practices for residential
18      telecommunications service).
19            (2)   The waiver of regulations under paragraph (1) shall
20      not apply to the following provisions of 52 Pa. Code:
21                  (i)    Section 63.37 (relating to operation of the
22            Telecommunications Relay Service System and Relay Service
23            Fund).
24                  (ii)    Ch. 63 Subch. L (relating to universal
25            service).
26                  (iii)    Section 64.23 (relating to standardizing LEC
27            responses to customer contacts alleging unauthorized
28            charges added to the customer's bill (cramming) and
29            unauthorized changes to the customer's long distance
30            carrier (slamming)).

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 1        (3)   The regulations specified in paragraph (2) and any
 2    other commission regulations shall remain in effect subject
 3    to the commission's authority to alter, amend, waive or
 4    rescind the regulations according to applicable law.
 5        (4)   The commission shall promptly rescind the
 6    regulations waived under paragraph (1).
 7        (5)   With the exception of the regulations specified in
 8    paragraph (2), every three years after the effective date of
 9    this paragraph, the commission shall undertake a review of
10    all regulations, orders, requirements and policy statements
11    applicable to telecommunications carriers and shall rescind
12    regulations, orders, requirements and policy statements that
13    are no longer necessary or in the public interest. If the
14    commission promulgates any new regulation or requirement
15    applicable to telecommunications carriers, the new regulation
16    or requirement must be supported by factual findings and
17    determinations, based on an evidentiary record, demonstrating
18    need for the regulation given the emergence of new industry
19    participants, technological changes, electronic means for
20    billing and customer notices, costs of compliance, consumer
21    preference, the competitive market for telecommunications
22    services and that the benefits of the regulation outweigh the
23    cost to comply with and enforce the regulation.
24        (6)   Notwithstanding any other provision of law, a
25    telecommunications carrier may not be required to obtain,
26    amend or abandon a certificate of public convenience related
27    to Chapters 11 (relating to certificates of public
28    convenience) and 19 (relating to securities and obligations),
29    and a telecommunications carrier may not be required to
30    obtain commission approval of a transaction if the

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 1    telecommunications carrier or an affiliate thereof files a
 2    related application with the Federal Communications
 3    Commission and if the telecommunications carrier provides
 4    written notice to the commission of its filing with the
 5    Federal Communications Commission. Commission approval shall
 6    be deemed to be had and obtained by operation of law 30
 7    calendar days after the filing of written notice with the
 8    commission.
 9        (7)   Notwithstanding any other provision of this title,
10    the commission shall have no jurisdiction over and shall not
11    regulate any voice-over-Internet protocol service or Internet
12    protocol-enabled service, as those terms are defined in
13    section 3 of the act of July 4, 2008 (P.L.627, No.52), known
14    as the Voice-Over-Internet Protocol Freedom Act, or any other
15    broadband or Internet access service, including the
16    facilities used to provide the services.
17    (c.1)   Issues, disputes and appointments.--
18        (1)   If a customer of a retail voice service within the
19    commission's jurisdiction contacts the commission with an
20    issue or dispute with the customer's local exchange
21    telecommunications company, including service availability
22    subject to section 3014(b)(11)(ii) (relating to network
23    modernization plans), the commission shall forward relevant
24    information to a local exchange telecommunications company-
25    maintained email address. The local exchange
26    telecommunications company shall begin an investigation and
27    make a good faith effort to resolve the issue or dispute in a
28    manner satisfactory to both parties. In the event the issue
29    or dispute is not resolved within 30 days, the local exchange
30    telecommunications company shall inform the commission and

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 1    the commission shall advise the customer of the option to
 2    pursue mediation before the commission.
 3        (2)   For a service installation or repair appointment for
 4    voice service within the commission's jurisdiction, the local
 5    exchange telecommunications company shall make a good faith
 6    effort to establish a mutually agreeable date and appointment
 7    window with the customer. The local exchange
 8    telecommunications company shall keep the appointment unless
 9    the customer is given advance notice that a change to the
10    appointment is necessary.
11    * * *
12    Section 3.    This act shall take effect in 60 days.




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