Title 62 — RAILROADS AND OTHER PUBLIC UTILITIES

62-601. Short title. This chapter shall be known and may be referred to as the "Telecommunications Act of 1988."

62-602. Legislative intent. (1) The legislature of the state of Idaho hereby finds that universally available telecommunications services are essential to the health, welfare and economic well-being of the citizens of the state of Idaho and there is a need for establishing legisl…

62-603. Definitions. As used in this chapter: (1) "Basic local exchange service" means the provision of access lines to residential and small business customers with the associated transmission of two-way interactive switched voice communication within a local exchange calling ar…

62-604. Applicability of chapter. (1) (a) Any telephone corporation, except any mutual nonprofit or cooperative telephone corporation, which did not, on January 1, 1988, hold a certificate of public convenience and necessity issued by the commission and, which does not provide ba…

62-605. Procedure for notice of election — Commission continuing authority. (1) A telephone corporation which held a certificate of public convenience and necessity on January 1, 1988, may file with the commission a notice that such telephone corporation elects to be subject to t…

62-606. Requirement for price list or tariff filing — WITHDRAWAL OF TARIFFs OR PRICE LISTS. (1) All telephone corporations which provide message telecommunication services, WATS service or access to their local exchange network for the provision of such services by the use of spe…

62-607. Averaging of message telecommunication service rates. Each provider of message telecommunication service which is subject to the provisions of the chapter, shall average its rates for such service on its routes of similar distance within the state of Idaho unless otherwis…

62-607A. Prohibited activities by a telephone corporation. (1) No incumbent telephone corporation, or eligible telecommunications carrier as defined in section 62-610B(1), Idaho Code, shall require a residential or small business customer, as a condition of receiving basic local …

62-608. Commission authority to require interconnection for the purpose of providing message telecommunication services. A telephone corporation providing basic local exchange service shall not be required to provide message telecommunication services. In the event a telephone co…

62-608A. Interlata service restrictions. (1) As used in this section: (a) "Dialing parity" means the provision of dialing arrangements and other service characteristics by a telephone corporation subject to interLATA telecommunication service restrictions, to a telephone corporat…

62-609. Imputed and nondiscriminatory access charges — Commission authority. (1) A telephone corporation, which provides basic local exchange service, and which also provides message telecommunications service shall impute to itself its prices of special access or private line ac…

62-610. Universal service fund. (1) The commission shall establish a universal service fund (USF) for the purpose of maintaining the universal availability of local exchange service at reasonable rates and to promote the availability of message telecommunications service (MTS) at…

62-610A. Purpose. The purpose of this act is to authorize the Idaho public utilities commission to establish a competitively and technologically neutral funding mechanism which will operate in coordination with federal universal service support mechanisms. All consumers in this s…

62-610B. Definitions. For purposes of section 62-610, Idaho Code, and sections 62-610A through 62-610F, Idaho Code, the following words and phrases shall have the following meanings: (1) "Eligible telecommunications carrier" means a telecommunications carrier designated by the co…

62-610C. Universal service. (1) Universal service is an evolving level of telecommunication services to which consumers in all regions of the state should have access. (2) The commission shall review the level of telecommunication services within the state on a periodic basis and…

62-610D. Eligible telecommunications carriers. (1) Only a telecommunications carrier designated as an eligible telecommunications carrier by the commission shall be eligible to receive universal service fund support. (2) The commission shall upon its own motion or upon request de…

62-610E. Designating service and support areas. The commission shall designate geographic service areas for the purpose of determining universal service obligations of eligible telecommunications carriers. The commission shall also designate geographic support areas for the purpo…

62-610F. High-cost support — Administration — Transition. (1) The commission shall establish a universal service fund to enable eligible telecommunications carriers to make universal service widely available to all persons within the state of Idaho at reasonable rates. Eligible t…

62-611. Regulatory fees. Telephone corporations whose services are subject to the provisions of this chapter, shall pay to the commission a special regulatory fee to be determined by the commission, pursuant to procedures set forth in chapter 10, title 61, Idaho Code, in such amo…

62-612. Restriction on withdrawal or discontinuance of service. (1) A telephone corporation subject to this chapter which provides basic local exchange or message telecommunication service, may not withdraw or otherwise discontinue such service to a local exchange area unless one…

62-613. Subsidization of certain services not allowed. A telephone corporation may not subsidize nonprice-regulated telecommunication services with those telecommunication services price-regulated by the commission pursuant to this chapter or to title 61, Idaho Code. The commissi…

62-614. Resolution of inter-telephone corporation disputes. (1) If a telephone corporation providing basic local exchange service which has exercised the election provided in section 62-604(2)(a), Idaho Code, and any other telephone corporation subject to title 61, Idaho Code, or…

62-615. Authority to implement the telecommunications act — Suspension of obligations of rural carriers — Promulgation of rules or procedures. (1) The commission shall have full power and authority to implement the federal telecommunications act of 1996, including, but not limite…

62-616. Commission authority to resolve subscriber complaints. The commission shall have the authority to investigate and resolve complaints made by subscribers to telecommunication services which are subject to the provisions of this chapter which concern the quality and availab…

62-616A. Duty of telephone company to customers relating to unauthorized charges by a third-party service provider. If a customer of a telephone corporation, whether subject to the provisions of this chapter or title 61, Idaho Code, notifies the telephone corporation that an unau…

62-617. Telephone corporation antitrust liability. No action under the antitrust laws or any other provision or doctrine of law of the state of Idaho shall lie against a telephone corporation for providing service in compliance with any order of the commission. Provided however, …

62-618. Preemption. The provisions of this chapter preempt, eliminate, and prohibit any economic, franchise or licensing regulation of telephone corporations subject to this chapter by cities, counties, incorporated or unincorporated areas, special use districts, or any other loc…

62-619. Procedure before commission — Appeals. (1) In all matters arising under this chapter, which are submitted to the commission for decision, order or review, procedure shall be governed by the commission’s rules of practice and procedure. (2) Reconsideration of, appeal from,…

62-620. Civil penalty for violation. Any telephone corporation who violates or fails to comply with any final order, decision, rule or regulation duly issued by the commission pursuant to this chapter shall be subject to a civil penalty of not to exceed two thousand dollars ($2,0…

62-621. Severability. If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section or part of this chapter, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this chapter, but …

62-622. Regulation of basic local exchange rates, services and price lists. (1) The commission shall regulate the prices for basic local exchange services for incumbent telephone corporations in accordance with the following provisions: (a) At the request of the incumbent telepho…

62-622A. Commission authority to establish minimum pricing of basic local exchange service. A telephone corporation may file a petition with the commission alleging that another telephone corporation, not subject to regulation pursuant to title 61, Idaho Code, is offering basic l…

62-624. Proceedings prior to enactment ratified. Commission orders issued prior to approval of this act which relate to duties or authority granted to the commission by the telecommunications act of 1996 are hereby ratified and approved to the extent that such actions conform wit…