GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2007

SESSION LAW 2007-157

SENATE BILL 680

AN ACT TO streamline regulation of telecommunications promotions.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 62‑133.5 reads as rewritten:

"§ 62‑133.5.  Alternative regulation, tariffing, and deregulation of telecommunications utilities.

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(f)        Notwithstanding the provisions of G.S. 62‑140, or any Commission rule or regulation,regulations: (i) the Commission shall permit a local exchange company or a competing local provider to offer competitive services with flexible pricing arrangements to business customers pursuant to contract and shall permit other flexible pricing options. Localoptions; and (ii) local exchange companies and competing local providers may provide a promotional offering for any tariffed service or tariffed offering by giving one day's notice to the Commission, but no Commission approval of the notice is required. Promotional offerings of any nontariffed service may be implemented without notice to the Commission or Commission approval. Carriers offering promotions of regulated services that are available for resale must provide a means for interested parties to receive notice of each promotional offering of regulated service, including the duration of the offering, at least one business day prior to the effective date of the promotional offering.shall be required to give the Commission one business day's notice but need not seek Commission approval for any promotion or bundled service offering for residence or business customers involving both regulated and nonregulated services that feature price discounts that apply exclusively to services not regulated by the Commission. Furthermore, local exchange companies and competing local providers may offer special promotions and bundles of new or existing service or products without the obligation to identify or convert existing customers who subscribe to the same or similar services or products. The Commission's complaint authority under G.S. 62‑73 and subsection (e) of this section is applicable to any promotion or bundled service offering filed or offered under this subsection.

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SECTION 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 25^th day of June, 2007.

                                                                    s/ Marc Basnight

                                                                         President Pro Tempore of the Senate

                                                                    s/ Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/ Michael F. Easley

                                                                         Governor

Approved 2:27 p.m. this 29^th day of June, 2007