CHAPTER NO. 707

HOUSE BILL NO. 2740

By Representative Rinks and Mr. Speaker Naifeh

Substituted for: Senate Bill No. 2803

By Senator Rochelle

AN ACT to amend Tennessee Code Annotated, Title 65, Chapter 4 and 5, relative to certain funds supported by telecommunications service providers.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 65-5-213(a), is amended by designating the existing language as subdivision (1) and by adding the following new subdivision:

(2) An incumbent local exchange telephone company is not required to make a contribution to the small and minority telecommunications business assistance program fund, if such incumbent:

(A) Has less than one hundred thousand (100,000) total access lines in the State;

(B) Has not voluntarily entered into an interconnection agreement with a competing telecommunications service provider; and

(C) Has not applied for a certificate to provide telecommunications services in an area outside its service area existing on June 6, 1995.

Provided, however, the authority shall calculate a contribution factor to apply to the gross receipts of other providers to generate total contributions of two million dollars ($2,000,000) a year.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it and shall apply to any required contribution for 1998 and subsequent years of the program.

PASSED:

March 26, 1998

APPROVED this 6th day of April 1998