Reference is to Printer's Date 4/20/16--H.
Amend the bill, as and if amended, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. Section 58-9-280(E)(2) and (G)(1) of the 1976 Code is amended to read:
"(2) The commission shall require all telecommunications companies providing telecommunications services within South Carolina to contribute to the USF as determined by the commission; provided, however, the commission may not impose, collect, or enforce such a charge on a commercial mobile radio service (CMRS) provider or a prepaid wireless telecommunications service provider.
(1) Competition exists
for a particular service if, for an identifiable class or group
of customers in an exchange, group of exchanges, or other
clearly defined geographical area, the service, its functional
equivalent, or a substitute service is available from two or
more providers. The commission must not:
(a)
impose any requirements concerning a commercial
mobile radio service (CMRS) provider or a prepaid wireless
telecommunications service provider.
(a)(b) impose
any requirements related to the terms, conditions, rates, or
availability of broadband service; or
(b)(c)
otherwise regulate broadband service; however, in order to
facilitate the continued deployment of broadband service by
rural telephone companies as defined in 47 U.S.C. Section 153
(37), facilities utilized by rural telephone companies for the
provision of broadband service must continue to be treated by
the commission in the same manner as they were treated as of
January 1, 2003, so as not to impact the provision or pricing of
regulated telecommunications services by rural telephone
companies. The commission shall not regulate a service for which
competition exists if the market for that service is
sufficiently competitive to protect the public interest. If the
commission finds that competition exists for a particular
service, but that service is not sufficiently competitive to
protect the public interest, the commission must provide
appropriate regulatory and pricing flexibility to all providers
of the service." /
Renumber sections to conform.
Amend title to conform.