HB 5473

General Assembly  Substitute Bill No. 5473
  February Session, 2026
 AN ACT CONCERNING THE SATISFACTION OF
 TELECOMMUNICATIONS QUALITY OF SERVICE STANDARDS AND
 SETTLEMENTS IN CONTESTED PROCEEDINGS BEFORE THE
 PUBLIC UTILITIES REGULATORY AUTHORITY.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
1Section 1. Subsection (b) of section 16-247a of the general statutes is
2    repealed and the following is substituted in lieu thereof (Effective October
3    1, 2026):
4(b) As used in sections 16-247a to 16-247c, inclusive, as amended by
5    this act, 16-247e to 16-247h, inclusive, 16-247k, and sections 16-247m to
6    16-247r, inclusive:
7      (1) "Affiliate" means a person, firm or corporation which, with
8    another person, firm or corporation, is under the common control of the
9    same parent firm or corporation.
10      (2) "Competitive service" means (A) a telecommunications service
11   deemed competitive in accordance with the provisions of section 16-
12   247f, (B) a telecommunications service reclassified by the authority as
13   competitive in accordance with the provisions of section 16-247f, or (C)
14   a new telecommunications service provided under a competitive service
15   tariff accepted by the authority, in accordance with the provisions of
16   section 16-247f, provided the authority has not subsequently reclassified
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17 the service set forth in subparagraph (A), (B) or (C) of this subdivision
18 as noncompetitive pursuant to section 16-247f.
19    (3) "Emerging competitive service" means (A) a telecommunications
20 service reclassified as emerging competitive in accordance with the
21 provisions of section 16-247f, or (B) a new telecommunications service
22 provided under an emerging competitive service tariff accepted by the
23 authority, in accordance with the provisions of section 16-247f, or of a
24 plan for an alternative form of regulation approved pursuant to section
25 16-247k, provided the authority has not subsequently reclassified the
26 service set forth in subparagraph (A) or (B) of this subdivision as
27 competitive or noncompetitive pursuant to section 16-247f.
28    (4) "Facilities-based carrier" means a provider of telecommunications
29 service that owns, operates or controls infrastructure, including fiber
30 cables, switches and lines, that is used to deliver such service to end-
31 users.
32    (5) "Incumbent local exchange carrier" means a telephone company
33 that began providing telephone service in the state before the adoption
34 of the federal Telecommunications Act of 1996, as amended from time
35 to time.
36    [(4)] (6) "Noncompetitive service" means (A) a telecommunications
37 service deemed noncompetitive in accordance with the provisions of
38 section 16-247f, (B) a telecommunications service reclassified by the
39 authority as noncompetitive in accordance with the provisions of
40 section 16-247f, or (C) a new telecommunications service provided
41 under a noncompetitive service tariff accepted by the authority, in
42 accordance with the provisions of section 16-19, and any applicable
43 regulations, or of a plan for an alternative form of regulation approved
44 pursuant to section 16-247k, provided the authority has not
45 subsequently reclassified the service set forth in subparagraph (A), (B)
46 or (C) of this subdivision as competitive or emerging competitive
47 pursuant to section 16-247f.
48   [(5)]   (7)   "Private   telecommunications    service"   means     any
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49 telecommunications service [which] that is not provided for public hire
50 as a common carrier service and is utilized solely for the
51 telecommunications needs of the person that controls such service and
52 any subsidiary or affiliate thereof, except for telecommunications
53 service which enables two entities other than such person, subsidiary or
54 affiliate to communicate with each other.
55    [(6)] (8) "Telecommunications service" means any transmission in one
56 or more geographic areas (A) between or among points specified by the
57 user, (B) of information of the user's choosing, (C) without change in the
58 form or content of the information as sent and received, (D) by means of
59 electromagnetic transmission, including but not limited to, fiber optics,
60 microwave and satellite, (E) with or without benefit of any closed
61 transmission medium, and (F) including all instrumentalities, facilities,
62 apparatus and services, except customer premises equipment, which are
63 used for the collection, storage, forwarding, switching and delivery of
64 such information and are essential to the transmission.
65    [(7)] (9) "Network elements" means "network elements", as defined in
66 47 USC 153(a)(29).
67   (10) "Voice over Internet protocol service" has the same meaning as
68 provided in section 28-30b.
69    Sec. 2. Section 16-247p of the general statutes is repealed and the
70 following is substituted in lieu thereof (Effective October 1, 2026):
71    (a) [Not later than April 1, 2000, the] The Public Utilities Regulatory
72 Authority shall [, by regulations adopted pursuant to chapter 54,
73 establish] adopt, monitor and enforce quality-of-service standards that
74 shall apply to all providers of telecommunications service and wireline
75 voice over Internet protocol service, including telephone companies,
76 [and] incumbent local exchange carriers, certified telecommunications
77 providers [and to all telecommunications services] and any provider of
78 voice over Internet protocol service that is registered by the authority,
79 that use facilities or wires located in, under or over any public road or
80 highway in the state for the provision of such service to customers,
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81 regardless of the transmission technology used. Such transmission
82 technology includes, but is not limited to, voice over Internet protocol.
83 Such standards shall include, but not be limited to, measures relating to
84 customer trouble reports, service outages, installation appointments
85 and repeat problems, as well as timeliness in responding to complaints
86 or reports.
87    (b) (1) The authority shall [include with] adopt methodologies for
88 monitoring compliance with the quality of service standards
89 [methodologies for monitoring compliance with and enforcement of
90 such standards] adopted by the authority pursuant to this section. Such
91 monitoring shall include input from employees of telephone companies,
92 incumbent local exchange carriers, voice over Internet protocol service
93 providers registered by the authority and certified telecommunications
94 providers, including members of collective bargaining units.
95    (2) The authority shall require any company, carrier or provider that
96 is subject to quality of service standards pursuant to subsection (a) of
97 this section to submit semiannual reports concerning the compliance of
98 such company, carrier or provider with such standards. The authority
99 shall establish semiannual reporting periods pursuant to this
100 subdivision, and each such company, carrier or provider shall submit
101 each such report not later than the last day of the month immediately
102 following the semiannual reporting period established by the authority.
103    (3) Any facilities-based carrier that resells telecommunications
104 service or voice over Internet protocol service to any company, carrier
105 or provider that is subject to quality of service standards pursuant to
106 subsection (a) of this section shall submit semiannual reports, on the
107 schedule established pursuant to subdivision (2) of this subsection,
108 concerning any lines of service such carrier maintains on behalf of the
109 incumbent local exchange carrier, certified telecommunications
110 provider or voice over Internet protocol provider registered by the
111 authority. A facilities-based carrier that provides voice over Internet
112 protocol service shall report such carrier's data on a state-wide basis if
113 such carrier is unable to report on a wire center or regional basis.
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114    (4) Any telephone company, incumbent local exchange carrier, voice
115 over Internet protocol provider registered with the authority or certified
116 telecommunications provider that fails to meet any quality of service
117 standard adopted pursuant to this section for more than two
118 consecutive months shall file an exception report with the authority not
119 later than the last day of the month immediately following such
120 company, carrier or provider's failure to meet a quality of service
121 standard for more than two consecutive months.
122    (c) Any company, carrier or provider that fails to comply with the
123 semiannual report requirements or exception report requirements
124 provided in this section shall be fined not more than two thousand
125 dollars for each violation in addition to any fines for failure to meet any
126 quality of service standard. A violation of the provisions of this section
127 concerning semiannual quality of service reports or exception reports
128 shall constitute a continued violation pursuant to section 16-41 from the
129 date the company, carrier or provider fails to timely provide any such
130 report until the date the authority receives such report.
131    [(b)] (d) Not later than April 1, 2000, the authority shall, by
132 regulations adopted pursuant to chapter 54, establish comprehensive
133 performance standards and performance based reporting requirements
134 for functions provided by a telephone company to a certified
135 telecommunications provider, including, but not limited to, telephone
136 company performance relating to customer ordering, preordering,
137 provisioning, billing, maintenance and repair. Such service standards
138 shall be sufficiently comprehensive to ensure that a telephone company
139 meets its obligations under 47 USC 251. Such regulations may also
140 contain provisions the authority deems necessary to prevent
141 anticompetitive actions by any telephone company or certified
142 telecommunications provider.
143    Sec. 3. Section 16-19jj of the general statutes is repealed and the
144 following is substituted in lieu thereof (Effective October 1, 2026):
145   (a) The Public Utilities Regulatory Authority may, whenever it deems
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146 appropriate and [is] consistent with the principles set forth in sections
147 16-19 and 16-19e, adopt any proposed [settlements] settlement
148 agreement produced by negotiation or any alternative dispute
149 resolution [mechanisms] process to resolve contested cases and
150 proceedings.
151    (b) Parties or intervenors to a contested proceeding may propose a
152 settlement by filing a motion [, which shall be filed not later than three
153 weeks prior to the scheduled issuance date of the proposed final
154 decision in the proceeding] with the authority. The parties or
155 intervenors proposing the settlement shall provide the proposed
156 settlement agreement to all parties and intervenors not less than three
157 business days before the filing of a motion pursuant to this subsection,
158 [with a] and shall request that [the] such party or intervenor provide a
159 position statement on the proposed settlement agreement for reference
160 in the motion. [Motions] Any person providing a position statement
161 pursuant to this subsection shall state whether they support, oppose or
162 take no position concerning the proposed settlement agreement. The
163 moving parties or intervenors shall include any position statement
164 received by such parties or intervenors from any person pursuant to this
165 subsection.
166    (c) Any motion made pursuant to [this] subsection (b) of this section
167 proposing a settlement agreement concerning a rate case initiated
168 pursuant to section 16-19 shall include [, as applicable: (1) An] an
169 analysis identifying estimates of any increases or decreases to
170 components of rates resulting from the proposed settlement agreement
171 and the causal relationship of particular rate component increases or
172 decreases to provisions in the proposed settlement agreement, to the
173 extent ascertainable. [; and (2) a statement of the position of nonsettling
174 parties and intervenors on the proposed settlement, such as "support",
175 "oppose" or "no position", if such party or intervenor complies with the
176 request to provide such statement. If a proposed settlement is submitted
177 prior to the close of the evidentiary record, prefiled testimony shall be
178 submitted with the settlement.]
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179    [(c)] (d) The provisions of any proposed settlement agreement shall
180 be supported by citations to the evidentiary record or other evidence as
181 the authority may require.
182     [(d)] (e) The authority may hold hearings and may order briefs to be
183 filed related to any proposed settlement agreement.
184    [(e) (1) If the term of any provision in a settlement of a proceeding to
185 amend rates under section 16-19 extends longer than the effective date
186 of the rate amendment approved in the subsequent proceeding to
187 amend rates under section 16-19, the authority may reject or modify
188 such provision.
189    (2) Any proceeding to amend rates under section 16-19 that is
190 resolved by a settlement shall not constitute a general rate hearing for
191 purposes of the periodic review required under section 16-19a, if the
192 previous proceeding to amend rates under section 16-19 was resolved
193 by a settlement in full or in part.]
194    Sec. 4. Subdivision (1) of subsection (d) of section 16-47 of the general
195 statutes is repealed and the following is substituted in lieu thereof
196 (Effective October 1, 2026):
197    (d) (1) The Public Utilities Regulatory Authority shall investigate and
198 hold a public hearing on the question of granting its approval with
199 respect to any application made under subdivision (1) of subsection (b)
200 of this section or subdivision (1) of subsection (c) of this section and
201 thereafter may approve or disapprove any such application in whole or
202 in part and upon such terms and conditions as it deems necessary or
203 appropriate. In connection with its investigation, the authority may
204 request the views of the gas company, electric distribution company,
205 water company, telephone company, community antenna television
206 company or holding company [which] that is the subject of the
207 application with respect to the proposed acquisition. After the filing of
208 an application satisfying the requirements of such regulations as the
209 authority may adopt in accordance with the provisions of chapter 54,
210 but not later than thirty business days after the filing of such application,
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211 the authority shall give prompt notice of the public hearing to the person
212 required to file the application and to the subject company or holding
213 company. Such hearing shall be commenced as promptly as practicable
214 after the filing of the application, but not later than sixty business days
215 after the filing. The authority shall make its determination as soon as
216 practicable, but not later than two hundred days after the filing of the
217 application, unless the person required to file the application agrees to
218 an extension of time or the authority extends the time as provided in
219 this subsection. The authority may extend the time period for making
220 its determination by not more than thirty days if, before the end of such
221 time period, the authority notifies all parties and intervenors to the
222 proceedings of such extension. The authority may, in its discretion,
223 grant the subject company, certificate holder, provider or holding
224 company the opportunity to participate in the hearing by presenting
225 evidence and oral and written argument. [If the authority fails to give
226 notice of its determination to hold a hearing, commence the hearing, or
227 render its determination after the hearing within the time limits
228 specified in this subdivision, the proposed acquisition shall be deemed
229 approved.] In each proceeding on a written application submitted under
230 said subdivision (1) of subsection (b) of this section or subdivision (1) of
231 subsection (c) of this section, the authority shall, in a manner which
232 treats all parties to the proceeding on an equal basis, take into
233 consideration (1) the financial, technological and managerial suitability
234 and responsibility of the applicant, (2) the ability of the gas company,
235 electric distribution company, water company, telephone company,
236 community antenna television company or holding company which is
237 the subject of the application to provide safe, adequate and reliable
238 service to the public through the company's plant, equipment and
239 manner of operation if the application were to be approved, and (3) for
240 an application concerning a telephone company, the effect of approval
241 on the location and accessibility of management and operations and on
242 the proportion and number of state resident employees. The authority
243 shall only grant its approval of an application filed on or after January
244 1, 2021, made under subdivision (1) of subsection (c) of this section, if
245 the holding company effects a change in the composition of the board
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246 of directors to include a proportional percentage of Connecticut-based
247 directors equivalent to the percentage that Connecticut service areas
248 represent of the total service areas covered by the holding company.
  This act shall take effect as follows and shall amend the following
  sections:
  Section 1      October 1, 2026  16-247a(b)
  Sec. 2  October 1, 2026  16-247p
  Sec. 3  October 1, 2026  16-19jj
  Sec. 4  October 1, 2026  16-47(d)(1)
 Statement of Legislative Commissioners:
 In Section 1(b), the definition of "incumbent local exchange carrier" was
 moved to preserve alphabetical order.
 ET  Joint Favorable Subst.
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