§ 202d - Telecommunications plan
§ 202d. Telecommunications plan
(a) The department of public service shall constitute the responsible planning agency of the state for the purpose of obtaining for all consumers in the state stable and predictable rates and a technologically advanced telecommunications network serving all service areas in the state. The department of public service shall be responsible for the provision of plans for meeting emerging trends related to telecommunications technology, markets, financing, and competition.
(b) The department of public service shall prepare a telecommunications plan for the state. The department of innovation and information and the agency of commerce and community development shall assist the department of public service in preparing the plan. The plan shall be for a seven-year period and shall serve as a basis for state telecommunications policy. Prior to preparing the plan, the department of public service shall prepare:
(1) an overview, looking seven years ahead, of future requirements for telecommunications services, considering services needed for economic development, technological advances, and other trends and factors which, as determined by the department of public service, will significantly affect state telecommunications policy and programs;
(2) a survey of Vermont residents and businesses, conducted in cooperation with the agency of commerce and community development, to determine what telecommunications services are needed now and in the succeeding seven years;
(3) an assessment of the current state of telecommunications infrastructure;
(4) an assessment, conducted in cooperation with the department of innovation and information, of the current state telecommunications system and evaluation of alternative proposals for upgrading the system to provide the best available and affordable technology for use by government; and
(5) an assessment of the state of telecommunications networks and services in Vermont relative to other states, including price comparisons for key services and comparisons of the state of technology deployment.
(c) In developing the plan, the department shall take into account the policies and goals of section 202c of this title.
(d) In establishing plans, public hearings shall be held and the department of public service shall consult with members of the public, representatives of telecommunications utilities, other providers, and other interested state agencies, particularly the agency of commerce and community development and the department of innovation and information, whose views shall be considered in preparation of the plan. To the extent necessary, the department of public service shall include in the plan surveys to determine existing, needed, and desirable plant improvements and extensions, access and coordination between telecommunications providers, methods of operations, and any change that will produce better service or reduce costs. To this end, the department of public service may require the submission of data by each company subject to supervision by the public service board.
(e) Before adopting a plan, the department shall conduct public hearings on a final draft and shall consider the testimony presented at such hearings in preparing the final plan. At least one hearing shall be held jointly with committees of the general assembly designated by the general assembly for this purpose. The plan shall be adopted by September 1, 2004.
(f) The department, from time to time, but in no event less than every three years, institute proceedings to review a plan and make revisions, where necessary. The three-year major review shall be made according to the procedures established in this section for initial adoption of the plan. For good cause or upon request by a joint resolution passed by the general assembly, an interim review and revision of any section of the plan may be made after conducting public hearings on the interim revision. At least one hearing shall be held jointly with committees of the general assembly designated by the general assembly for this purpose. (Added 1987, No. 87, § 2; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2003, No. 164 (Adj. Sess.), § 16, eff. June 12, 2004.)