§ 62-101. Election of directors.

Directors of railroad corporations may be elected at a meeting of the stockholders other than the annual meeting, as a majority of the fixed capital stock may determine, or as the by-laws may provide; notice thereof to be given as provided for notices of meetings to adopt by-laws in chapter 1 of title 30[, Idaho Code].

§ 62-103. Bonds — Sinking fund — Conversion into stock.

The directors must provide a sinking fund, to be specially applied to the redemption of such bonds on or before their maturity, and may also confer on any holder of any bond or note issued, for money borrowed or in payment of any debt or contract for the construction and equipment of such road, the right to convert the principal due or owing thereon into stock of such corporation, at any time within eight (8) years from the date of such bonds, under such regulations as the directors may adopt.

§ 62-104. Enumeration of powers.

Every railroad corporation has power:

1. To cause such examination and surveys to be made as may be necessary to the selection of the most advantageous route for the railroad; and for such purposes their officers, agents and employees may enter upon the lands or waters of any person, subject to liability for all damages which they do thereto.
2. To receive, hold, take and convey, by deed or otherwise, as a natural person, such voluntary grants and donations of real estate and other property which may be made to it to aid and encourage the construction, maintenance and accommodation of such railroad.
3. To purchase, or by voluntary grants or donations to receive, take possession of, hold, and use all such real estate and other property as may be necessary for the construction and maintenance of such railroad, and for all stations, depots and other purposes necessary to successfully work and conduct the business of the road.
4. To lay out its road, not exceeding nine (9) rods wide, and to construct and maintain the same, with a single or double track, and with such appendages and adjuncts as may be necessary for the convenient use of the same: provided, that any such railroad corporation may take and hold any right of way or other property, of whatever width or extent that it may acquire under the laws of congress.
5. To construct its road across, along or upon any stream of water, water course, navigable stream, street, avenue or highway, or across any railway, canal, ditch or flume which the route of its road intersects, crosses or runs along, in such manner as to afford security for life and property; but the corporation must restore the stream or water course, road, street, avenue, highway, railroad, canal, ditch or flume thus intersected to its former state of usefulness as near as may be, or so that the railroad shall not unnecessarily impair its usefulness or injure its franchise.
6. To cross, intersect, join or unite its railroad with any other railroad, either before or after construction, at any point upon its route, and upon the grounds of such other railroad corporation with the necessary turnouts, sidings and switches, and other conveniences in furtherance of the objects of its connections; and every corporation whose railroad is, or shall be hereafter, intersected by any new railroad, must unite with the owners of such new railroad in forming such new intersections and connections, and grant facilities therefor. And if the two (2) corporations cannot agree upon the amount of compensation to be made therefor, or the points or the manner of such crossings, intersections and connections, the same must be ascertained and determined as is provided in the Code of Civil Procedure.
7. To purchase lands, timber, stone, gravel or other materials to be used in the construction and maintenance of its road, and all necessary appendages and adjuncts, or acquire them in the manner provided in the Code of Civil Procedure for the condemnation of lands; and to change the line of its road in whole or in part whenever a majority of the directors so determine, as is provided hereinafter, but no such change must vary the general route of such road as contemplated in its articles of incorporation.
8. To carry persons and property on their railroad and receive tolls or compensation therefor.
9. To erect and maintain all necessary and convenient buildings, stations, depots, fixtures and machinery for the accommodation and use of their passengers, freight and business. 10. To regulate the time and manner in which passengers and property shall be transported, and the tolls and compensation to be paid therefor within the limits prescribed by law, and subject to alteration, change or amendment by the legislature at any time.

11. To regulate the force and speed of their locomotives, cars, trains or other machinery used and employed on their road, and to establish, execute and enforce all needful and proper rules and regulations for the management of its business transactions usual and proper for railroad corporations.

§ 62-105. Purchase, sale and guaranty of securities.

Any railroad corporation, whether chartered by, or organized under, the laws of this state or of the territory of Idaho, or of the United States, or of any other state or territory, may take, purchase, hold, sell and dispose of, or guarantee the payment of, the bonds and securities of any other railroad corporation whose line of railroad is continuous of, or by lease, traffic contract, or otherwise connected with, its own line.

§ 62-106. Bridging navigable streams.

Any railroad corporation heretofore duly organized and incorporated under the laws of this state, or of the United States, or of any other state or territory, or which may hereafter be duly incorporated and organized under the laws of this state, or of the United States, or of any other state or territory, and authorized to do business in this state and to construct and operate railroads therein, shall have, and hereby is given, the right to build and construct, possess and own, bridges across the navigable streams and waters within this state, over or across which the projected line or lines of railway of such railroad corporation, or either of them, will run: provided, that said bridges are to be constructed in good faith for the purpose of being made a part of the constructed line of said railroad, or a part of any of the line thereof to be constructed and in course of construction, and to be used by such railroad corporation as a part of its line of railroad so constructed, or to be constructed, for the more convenient, expeditious and safe operation thereof: provided further, that such bridges shall be so constructed as to not interfere with, impede or obstruct the navigation of such stream or navigable waters, and shall comply with, and be subject to, the acts of congress relating to navigable streams, and the rules and regulations of the executive departments.

§ 62-109. Extensions into the state.

Any railroad corporation chartered by or organized under the laws of the United States, or of any state or territory, whose constructed railroad shall reach or intersect the boundary line of this state at any point, may extend its railroad into the state from any such point or points to any place or places within this state, and may build branches from any point on such extension. Before making such extension, or building any such branch road, such corporation shall, by resolution of its directors or trustees, to be entered in the record of its proceedings, designate the route of such proposed extension or branch by indicating the place from and to which such extension or branch is to be constructed, and the estimated length of such extension or branch, and the name of each county in this state through or into which it is constructed or intended to be constructed, and file a copy of such record, certified by the president and secretary, in the office of the secretary of state, who shall indorse thereon the date of filing thereof and record the same. Thereupon such corporation shall have all the rights and privileges to make such extension, or build such branch, and receive such aid thereto as it would have had had it been authorized so to do by articles of incorporation duly filed in accordance with the laws of this state. It shall be the duty of railroad companies, when intersecting or crossing any other railroad in this state, to so arrange their sidetracks or switches that cars or freight may be readily transferred from one track to the other at the option of the shipper.

§ 62-201. Map and profile.

Every railroad corporation in this state must, within a reasonable time after its road is finally located, cause to be made a map and profile thereof, and of the land acquired for the use thereof, and the boundaries of the several counties through which the road may run, and file the same in the office of the secretary of state; and also like maps of the parts thereof located in different counties, and file the same in the office of the recorder of the county in which such parts of the road are, there to remain of record forever. The maps and profiles must be certified by the chief engineer, the acting president and secretary of such company, and copies of the same, so certified and filed, be kept in the office of the secretary of the corporation, subject to examination by all parties interested.

§ 62-203. Time for commencing and completing construction.

Every railroad corporation must, within two (2) years after filing its original articles of incorporation, begin the construction of its road, and must every year thereafter complete and put in full operation at least five (5) miles of its road, until the same is fully completed; and upon its failure so to do, for the period of one (1) year, its right to extend its road beyond the point then completed is forfeited.

§ 62-204. Crossings and intersections.

Whenever the track of one (1) railroad intersects or crosses the track of another railroad, whether the same be a street railroad, wholly within the limits of a city or town, or other railroad, the rails of either or each road must be so cut and adjusted as to permit the passage of the cars on each road with as little obstruction as possible; and in case the persons or corporations owning the railroads cannot agree as to the compensation to be made for cutting and adjusting the rails, the condemnation of the right of way over the one for the use of the other road may be had in proceedings under the Code of Civil Procedure, and the damages assessed and the right of way granted as in other cases.

§ 62-301. Crossings of state highways and railroads — Elimination or alteration — Cost.

Whenever a state highway crosses or shall hereafter cross one or more railroads, and whenever the Idaho transportation department shall determine that the elimination of a grade crossing, whether by separation of grades or by relocation of the highway or railroad or both, or the reconstruction of an existing structure under or over the railroad or railroads, is necessary for public safety and convenience or for the proper construction or reconstruction of said state highway, the said Idaho transportation department shall have full authority to negotiate with and enter into an agreement with the railroad company or companies, and with any other persons and authorities concerned, to provide for the method of elimination or alteration and for the division of the cost thereof between the state and the railroad company or companies and any other parties to such agreement, such cost to include all changes of highway or railroads made necessary by the existence of the crossing and by the elimination or alteration thereof, and the acquisition of any right of way required therefor.

§ 62-302. Complaint to public utilities commission.

If the Idaho transportation department shall be unable to agree with the railroad company or companies upon the elimination or alteration to be made or upon the division of the cost of such elimination or alteration, said department, or railroad company or companies, shall make written complaint to the public utilities commission, setting forth the changes and alteration desired and the necessity therefor.

§ 62-303. Crossings not on state highways — Elimination or alteration.

Whenever a highway not a state highway crosses one or more railroads, the local authorities in their respective jurisdictions, or railroad company or companies, shall have the same authority and perform the same duties with respect to the elimination or alteration of such crossing as are granted to and required of the Idaho transportation department and railroad company or companies by this chapter.

§ 62-304. Hearing and order by public utilities commission.

Whenever a complaint is made to the public utilities commission by the Idaho transportation department, or by a railroad company or companies, or upon motion by the Idaho public utilities commission, or local authorities in their respective jurisdictions with respect to the elimination or alteration of a crossing of a highway with one or more railroads the said commission shall and is hereby authorized and empowered to hear and determine such complaint in accordance with the provisions of chapters 1 to 7, inclusive, title 61, Idaho Code, taking into consideration the necessity for such elimination or alteration and the cost thereof, the location of any crossing and the manner in which it shall be constructed or reconstructed and maintained, or whether a crossing is to be eliminated and the provisions therefor, and shall make such order in relation thereto as shall be equitable, and shall determine what portion of the cost shall be paid by any party to the controversy: provided, that no cost shall be charged to the Idaho public utilities commission, and that no portion of the cost of eliminating or altering a crossing not on a state highway shall be ordered to be paid out of the state highway fund [account].

§ 62-304A. Creation of railroad grade crossing protection fund.

In order to promote the public safety at railroad grade crossings and public streets, roads or highways and to provide for the payment of all or part of the costs of installing, reconstructing, maintaining or improving automatic or other safety appliances, signals or devices at railroad grade crossings of public streets, roads or highways over the tracks of any railroad company or companies, or to support public education and safety programs which promote awareness of public safety at railroad grade crossings of public streets, roads or highways, there is hereby created in the dedicated fund in the state treasury a fund to be known as the railroad grade crossing protection fund.

§ 62-304B. Administration of the railroad grade crossing protection account.

Subject to the provisions of section 62-304, Idaho Code, the Idaho transportation department is charged with sole and exclusive administration of the railroad grade crossing protection account.

§ 62-304C. Apportionment of costs.

The Idaho transportation department shall follow federal guidelines on such grade crossing improvement projects as are to be funded in whole or in part under any federal act, and where the project is not funded entirely by federal funds, the Idaho transportation department may use moneys in the railroad grade crossing protection fund to pay all or a portion of the matching funds required.

On projects where federal-aid funds are not being utilized in whole or in part, the Idaho transportation department shall apportion the entire cost of the engineering, installation, reconstruction or improvement of any signal or device as described in section 62-304A, Idaho Code, between the railroad company or companies and the Idaho transportation department or the local authority, in proportion to the respective benefits to be derived. The Idaho transportation department may use moneys in the railroad grade crossing protection fund to pay all or a portion of the cost apportioned to the Idaho transportation department or local authority involved.

The railroad company or companies owning the track or tracks upon which the improvement shall be made shall perform all construction and maintenance of the signals or devices and shall be reimbursed for such part of said costs not to be borne by it, but in allocating said costs and dividing the same among the parties involved, the Idaho transportation department shall limit the amount to be charged against the railroad company or companies to a maximum of ten percent (10%) of the total cost of such construction, unless the crossing is a new one proposed by the railroad company or companies, in which case the entire cost of construction shall be apportioned to said railroad company or companies.

Upon application to the Idaho transportation department, and with the approval of the Idaho transportation board, a maximum of twenty-five thousand dollars ($25,000) annually may be provided from the railroad grade crossing protection fund to support public education and safety programs which promote awareness of public safety at railroad grade crossings of public streets, roads or highways over the tracks of any railroad company or companies.

§ 62-304D. Establishing priorities for hazardous railroad locations — Accident reports to be filed with Idaho transportation department.

In its administration of the railroad grade crossing protection account, the Idaho transportation department shall establish a priority rating for railroad crossings, assigning priority first to the most hazardous railroad crossing locations, giving proper weight to traffic volume over such crossings by school buses and vehicles transporting dangerous commodities and if the Idaho transportation department determines from all of the evidence that public safety does not require installation of protective signals or devices at a crossing under consideration, it may refuse to order the installation of signals or devices or may defer their installation until more hazardous crossings have been protected. Every railroad company shall file with the Idaho transportation department a copy of each report of accident which is filed with the Idaho public utilities commission pursuant to the provisions of section 61-517, Idaho Code, for the Idaho transportation department to consider in making its determination. No part of any report filed with the Idaho transportation department as required in this section, or of any record, or a copy thereof, of any hearing held under the provisions of this act or of the determination provided for in this section and no finding, conclusion or order made by the Idaho transportation department in the administration of this act shall be used as evidence in any trial, civil or criminal, arising out of an accident at or in the vicinity of any crossing prior to installation of signals or other warning devices pursuant to an order of the Idaho transportation department as a result of any such investigation or proceeding.

§ 62-305. Closing and abandonment of crossings upon relocation of highways or construction of underpasses or overpasses or otherwise — Hearings.

Wherever and whenever the location of any state highway, or other public street, road or highway, has been or shall be changed, the result of which has changed or will change the location of the place where such street, road or highway crosses any railroad tracks at grade, and a new crossing at grade or an overpass or underpass has been or shall be constructed at such new location, or whenever the closing and abandonment of an existing crossing is in the interest of and reasonably necessary for the public safety, or an existing crossing is no longer reasonably necessary as a public crossing for any reason, then the old grade crossing shall be deemed to be unnecessary and may be eliminated and discontinued. In the event any objection be made to the elimination and discontinuance of said old grade crossing, the Idaho transportation board or the owners, operators, or lessees of any such railroad, or both, may, upon the completion and placing in operation of said new grade crossing, overpass or underpass, or whenever for any other reason a crossing is to be closed and abandoned, the public authority having jurisdiction over the street, road or highway, or the owners, operators, or lessees of any such railroad, or both, shall petition the public utilities commission for an order eliminating and discontinuing said old grade crossing, whether said change of location has been made or construction of an underpass or overpass completed before or after the passage of this act, and said commission shall be and is hereby authorized and empowered to hear and determine said petition in accordance with the provisions of chapters 1 to 7, inclusive, title 61, Idaho Code, and if upon hearing duly had it shall find and determine that the closing and abandonment of such grade crossing is in the interest of, and reasonably necessary for the public safety, or that said crossing is no longer reasonably needed, it shall make an order authorizing the closing and abandonment of said crossing. Any order made by the commission concerning said matter shall be enforceable and subject to review in the same manner as other orders of the commission. Upon any order of closing and abandonment becoming final, said grade crossing may be closed either by the public authority having jurisdiction over the street, road or highway or by the owner, operator or lessee of such railroad.

§ 62-306. Construction and maintenance of railroad grade crossings.

Whenever a state or county highway crosses or shall hereafter cross a railroad at grade, the railroad company shall at its own expense construct and maintain that portion of such highway between the rails and for a distance of not less than two (2) feet outside the outer rails. The crossing shall be planked or surfaced with other suitable material for the full width of the traveled way, including shoulders, and shall be maintained at all times in a smooth and firm condition. Where a public agency having jurisdiction of the highway crossing the railroad wishes to have the crossing surfaced with material of higher quality, the public agency and the railroad company may agree that the railroad company install the material and that the additional cost, over and above the cost of the railroad company’s standard installation, may be paid for by the public agency with public funds.

§ 62-307. Permission for new crossing of highways and railroads.

No new railroad and no alteration or extension of an existing railroad shall hereafter cross any highway at grade, and no new highway shall hereafter cross any railroad at grade without the written permission of the Idaho transportation board first having been obtained. Neither a side track, team track, passing track nor house track shall be deemed a railroad within the meaning of this section. The term highway as used in this section shall not include streets and alleys in cities.

§ 62-308. Enforcement.

Except as otherwise herein provided, the provisions of this chapter shall be enforced in the same manner as orders of the public utilities commission in regard to railways are enforced.

§ 62-309. Separability.

If any part or parts of this chapter shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this chapter.

§ 62-401. Checking baggage.

A check must be affixed to every package or parcel of baggage when taken for transportation by any agent or employee of a railroad corporation, and a duplicate thereof given to the passenger or person delivering the same in his behalf; and if such check is refused on demand, the railroad corporation must pay to such passenger the sum of twenty dollars ($20.00) to be recovered in an action for damages; and no fare or toll must be collected or received from such passenger, and if such passenger has paid his fare the same must be returned by the conductor in charge of the train; and on producing the check, if his baggage is not delivered to him by the agent or employee of the railroad corporation he may recover the value thereof from the corporation.

§ 62-402. Accommodations for passengers and freight.

Every such corporation must start and run their cars for the transportation of persons and property, at such regular times as they shall fix by public notice, and must furnish sufficient accommodations for the transportation of all such passengers and property as, within a reasonable time previous thereto, offer or is offered for transportation at the place of starting, at the junction of other railroads and at siding and stopping places established for receiving and discharging way passengers and freight; and must take, transport and discharge such passengers and property at, from and to such places, on the due payment of toll, freight or fare therefor.

§ 62-403. Refusal to accept passengers or freight.

In case of refusal by such corporation or its agents so to take and transport any passengers or property, or to deliver the same at the regular appointed places, such corporation must pay to the party aggrieved all damages which are sustained thereby, with costs of suit.

§ 62-408. Claim for damages.

Any person claiming damages under section 62-406[, Idaho Code,] must serve notice of his claim in writing signed by such person, or some one in his behalf, upon any station agent, ticket agent, or other agent of such railroad company or corporation, within six (6) months after the alleged damage is done, and all suits for such damage must be commenced within one (1) year after the service of such notice.

§ 62-409. Recovery of attorneys’ fees.

In all suits under section 62-406[, Idaho Code,] if the plaintiff recover any damages he shall also be entitled to recover reasonable attorneys’ fees, together with his costs of suit.

§ 62-410. Book of descriptions of stock killed.

Every railroad company must keep a book at a principal station in each county into or through which its road runs, to be designated by the company, and a notice of the station so designated must be filed with the recorder of the county in which the station is located; and every such company must cause to be entered in said book, within fifteen (15) days after the killing or maiming of any animal, a description as nearly as may be of such animal, its color, age, marks and brands, and keep said book subject to public inspection. Should any company fail to keep such book, or to file such notice in the manner herein provided, or to enter therein such description of any animal maimed or killed, for a period of fifteen (15) days thereafter, such company is liable to the owner of such animal for twice the value thereof.

§ 62-411. Disposal of carcass.

In case of maiming or killing any cattle, sheep or hog, the body of the animal belongs to the company, unless the owner elects, within twelve (12) hours, to take the same in satisfaction or reduction of damages. The company may proceed to take care of and preserve the body of such animal, and must unless taken by the owner, take off enough of the hide to show distinctly any brands on such animal, also both ears, including the hide between the ears, and in such way as to keep the ears together, and the pieces of hide so taken off, and the ears of each animal, must be attached together and preserved for at least three (3) months for inspection at the station house nearest to the place where such killing or maiming occurred. For every failure so to keep any such pieces of hide and ears for inspection, the company, in addition to the damages to the owner, forfeits $100, to be recovered in an action in the name of the state, in any court of competent jurisdiction, one-half to be paid into the school fund of the county, and the residue to the informer.

§ 62-412. Bell or whistle.

The operator of a train or locomotive is not required to sound the locomotive’s bell, horn or whistle when approaching any location at which the railroad crosses a private highway, private road or private street at grade.

§ 62-415. Report of delayed trains

Notice at stations. [Repealed.]

Repealed by S.L. 2012, ch. 78, § 3, effective July 1, 2012.

§ 62-416. Report of delayed trains — Failure to give notice a misdemeanor

Penalty. [Repealed.]

Repealed by S.L. 2012, ch. 78, § 3, effective July 1, 2012.

§ 62-417. Report of delayed trains

Punishment of corporation. [Repealed.]

Repealed by S.L. 2012, ch. 78, § 3, effective July 1, 2012.

§ 62-418. Railroads and other carriers — Employee inspecting shipments to give shipper copy of report.

Every inspector, agent or employee of any steam or electric railroad or other public carrier who inspects any car or consignment of fruit, grain, livestock, or other agricultural or farm product, originating in the state of Idaho prior to shipment, to ascertain the condition thereof, shall at the time of such inspection on demand of shipper or consignor deliver to the shipper or consignor a true copy or copies, duly signed by him, of any and all reports or certificates by him made or rendered to such public carrier, as to the condition of the contents of such car or consignment.

§ 62-419. Penalty for failure to give report or making false report.

Every inspector, agent or employee of any such public carrier who, upon making such an inspection, shall on demand of shipper or consignor fail to deliver to the shipper or consignor at such time a true copy of each and every report or certificate by him made concerning the condition of the car or consignment about to be shipped, and every such inspecting agent who shall wilfully make or cause to be made or published in any such report or certificate any false statement as to the condition of the livestock or commodity by him so inspected, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine not exceeding $300 for each offense.

§ 62-420. “Track motor cars” defined.

As used in this act, the term “track motor cars,” means all power propelled speeders and motor cars which can be lifted on and off the track by hand.

§ 62-422. Equipment of track motor cars.

Every individual, firm or corporation, operating or controlling any railroad which is a common carrier shall equip each of its track motor cars with:

1. A windshield, with a transparent section, or sections, of sufficient height and width to reasonably protect the occupants of the car, and equipped with a device, which must be kept in good working order, with which the operator can clean rain, snow and other moisture from the windshield.
2. A canopy or top adequate to protect the occupants of the car from sun, rain, snow or other inclement weather.
3. A first aid kit to be maintained with sufficient supplies to render ordinary first aid to the usual number of occupants of the car.

§ 62-423. Violations as to equipment penalized.

Violation of any of the provisions of sections 62-421 and 62-422[, Idaho Code,] is punishable, upon conviction, by a fine of not more than $100 for each offense.

§ 62-424. Hearing on abandonment.

1. Whenever any railroad proposes to abandon any branch line or main line now in operation within the state of Idaho, the railroad shall file notice of the intended abandonment with the public utilities commission. The public utilities commission shall schedule a public hearing on the proposed abandonment. If the hearing results in a finding by the commission that the abandonment of the branch line or main line would adversely affect the area then being served and that there is reason to believe that the closure would impair the access of Idaho communities to vital goods and services and market access to those communities and that the line has potential for profitability, then the public utilities commission shall transmit a report of its findings to the United States surface transportation board on behalf of the people of the state of Idaho.
2. The Idaho public utilities commission shall continue to intervene in federal surface transportation board abandonment proceedings when necessary to protect the state’s interest.

§ 62-501 — 62-503. Lien of vender and lessor — Record of contract — Prior contracts not affected. [Repealed.]

§ 62-601. Short title.

This chapter shall be known and may be referred to as the “Telecommunications Act of 1988.”

§ 62-602. Legislative intent.

1. The legislature of the state of Idaho hereby finds that universally available telecommunications services are essential to the health, welfare and economic well-being of the citizens of the state of Idaho and there is a need for establishing legislation to protect and maintain high-quality universal telecommunications at just and reasonable rates for all classes of customers and to encourage innovation within the industry by a balanced program of regulation and competition.
2. It is the intent of this legislature that effective competition throughout a local exchange calling area will involve a significant number of customers having both service provider and service option choices and that actual competition means more than the mere presence of a competitor. Instead, for there to be actual and effective competition there needs to be substantive and meaningful competition throughout the incumbent telephone corporation’s local exchange calling area.
3. It is the further intent of the legislature that the commission, in its deliberation of deregulation of the incumbent telephone corporations, will examine the impact such deregulation will have on the public interest in accordance with the general grant of authority given to the commission by the legislature and that all parties be allowed to comment thereon in such proceeding.
4. The legislature further finds that the telecommunications industry is in a state of transition from a regulated public utility industry to a competitive industry. The legislature encourages the development of open competition in the telecommunications industry in accordance with provisions of Idaho law and consistent with the federal telecommunications act of 1996.
5. The commission shall administer these statutes with respect to telecommunication rates and services in accordance with these policies and applicable federal law.
6. The legislature further finds that it is consistent with the public interest, convenience and necessity that the obligation of certain rural telephone companies to comply with the requirements of section 251(c) of the telecommunications act of 1996 should be suspended upon petition of the affected telephone company, based upon the following legislative findings that the suspension is necessary:
   1. To avoid a significant economic impact on users of telecommunications services generally in areas served by the rural telephone companies;
   2. To avoid imposing requirements that are unduly economically burdensome; or
   3. To avoid imposing requirements which are technically infeasible.

§ 62-603. Definitions.

As used in this chapter:

1. “Basic local exchange service” means the provision of access lines to residential and small business customers with the associated transmission of two-way interactive switched voice communication within a local exchange calling area.
2. “Basic local exchange rate” shall mean the monthly charge imposed by a telephone corporation for basic local exchange service, but shall not include any charges resulting from action by a federal agency or taxes or surcharges imposed by a governmental body which are separately itemized and billed by a telephone corporation to its customers.
3. “Chapter” as used herein shall mean chapter 6, title 62, Idaho Code.
4. “Commission” means the Idaho public utilities commission.
5. “Facilities based competitor” means a local exchange carrier that offers basic local exchange service either: (a) exclusively over its own telecommunications service facilities; or (b) predominantly over its own facilities in combination with the resale of telecommunications services of another carrier.
6. “Incumbent telephone corporation” means a telephone corporation or its successor which was providing basic local exchange service on or before February 8, 1996.
7. “Local exchange calling area” means a geographic area encompassing one (1) or more local communities as described in maps, tariffs, rate schedules, price lists, or other descriptive material filed with the commission by a telephone corporation, within which area basic local exchange rates rather than message telecommunication service rates apply.
8. “Message telecommunication service (MTS)” means the transmission of two-way interactive switched voice communication between local exchange calling areas for which charges are made on a per-unit basis, not including wide area telecommunications service (WATS), or its equivalent, or individually negotiated contracts for telecommunication services.
9. “Residential customers” shall mean persons to whom telecommunication services are furnished at a dwelling and which are used for personal or domestic purposes and not for business, professional or institutional purposes.
10. “Rural telephone company” means a local exchange carrier operating entity to the extent that the entity:
    1. Provides common carrier service to any local exchange carrier study area that does not include either:
       1. any incorporated place of ten thousand (10,000) inhabitants or more, or any part thereof, based on the most recently available population statistics of the bureau of the census; or
       2. any territory, incorporated or unincorporated, included in an urbanized area, as defined by the bureau of the census as of August 10, 1993;
    2. Provides telephone exchange service, including exchange access, to fewer than fifty thousand (50,000) access lines;
    3. Provides telephone exchange service to any local exchange carrier study area with fewer than one hundred thousand (100,000) access lines; or
    4. Has less than fifteen percent (15%) of its access lines in communities of more than fifty thousand (50,000) on the date of enactment of the federal telecommunications act of 1996.
11. “Small business customers” shall mean a business entity, whether an individual, partnership, corporation or any other business form, to whom telecommunication services are furnished for occupational, professional or institutional purposes, and which business entity does not subscribe to more than five (5) access lines which are billed to a single billing location.
12. “Telecommunications act of 1996” means the federal telecommunications act of 1996, public law no. 104-104 as enacted effective February 8, 1996.
13. “Telecommunication service” means the transmission of two-way interactive switched signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means (which includes message telecommunication service and access service), which originate and terminate in this state, and are offered to or for the public, or some portion thereof, for compensation. Except as otherwise provided by statute, “telecommunication service” does not include the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service, surveying, or the provision of radio paging, mobile radio telecommunication services, answering services (including computerized or otherwise automated answering or voice message services), and such services shall not be subject to the provisions of title 61, Idaho Code, or title 62, Idaho Code.
14. “Telephone corporation” means every corporation or person, their lessees, trustees, receivers or trustees appointed by any court whatsoever, providing telecommunication services for compensation within this state, provided that municipal, cooperative, or mutual nonprofit telephone companies shall be included in this definition only for the purposes of sections 62-610 and 62-617 through 62-620, Idaho Code. Except as otherwise provided by statute, telephone corporations providing radio paging, mobile radio telecommunications services, answering services (including computerized or otherwise automated answering or voice message services), or one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and subscriber interaction, if any, which is required for the selection of such video programming or other programming service or surveying are exempt from any requirement of this chapter or title 61, Idaho Code, in the provision of such services; provided, that the providers of these exempted services shall have the benefits given them under section 62-608, Idaho Code.

§ 62-604. Applicability of chapter.

1. 1. Any telephone corporation, except any mutual nonprofit or cooperative telephone corporation, which did not, on January 1, 1988, hold a certificate of public convenience and necessity issued by the commission and, which does not provide basic local exchange service, shall, on and after the effective date of this act, be subject to the provisions of this chapter and shall be exempt from the provisions of title 61, Idaho Code. (1)(a) Any telephone corporation, except any mutual nonprofit or cooperative telephone corporation, which did not, on January 1, 1988, hold a certificate of public convenience and necessity issued by the commission and, which does not provide basic local exchange service, shall, on and after the effective date of this act, be subject to the provisions of this chapter and shall be exempt from the provisions of title 61, Idaho Code.
   2. All telephone corporations, as set forth in subsection (1)(a) of this section, shall file a notice with the commission, which notice shall set forth the following information:
      1. the name of the telephone corporation and the address of its principal place of business within the state;
      2. a description of the telecommunication services offered by such telephone corporation and the area served by it or in which it offers telecommunication services.
   3. Such notice shall be filed on or before the 1st day of January of each year following the effective date of this act.
2. Any telephone corporation holding a certificate of public convenience and necessity on January 1, 1988, issued by the commission pursuant to title 61, Idaho Code, may, pursuant to section 62-605, Idaho Code:
   1. elect to exclude all, or part of its telecommunication services from regulation pursuant to title 61, Idaho Code, and such excluded telecommunication services shall thereafter be subject to the provisions of this chapter, except for the provisions of section 62-622(1) through (3), Idaho Code;
   2. notwithstanding any other provision of this chapter, a telephone corporation which, pursuant to section 61-538, Idaho Code, was, prior to the effective date of this chapter, subject to the provisions of such section, shall continue to be subject to the provisions of section 61-538, Idaho Code, notwithstanding such telephone corporation is subject to the provisions of this chapter.

§ 62-605. Procedure for notice of election — Commission continuing authority.

1. A telephone corporation which held a certificate of public convenience and necessity on January 1, 1988, may file with the commission a notice that such telephone corporation elects to be subject to the provisions of this chapter for all, or part of its telecommunication services, which notice shall include the following:
   1. The name and address of the telephone corporation;
   2. A narrative description of the telecommunication services provided by the telephone corporation and the geographic area and market served by the telephone corporation and a description of the telecommunication services for which the election is made.
2. Upon the expiration of thirty (30) days from the filing of such notice of election, said telephone corporation shall, as to telecommunication services set forth in the notice of election, be exempt from the provisions of title 61, Idaho Code, and such telecommunication services shall thereafter be subject to the provisions of this chapter with the exception of the provisions of section 62-622(1) through (3), Idaho Code.
3. Nothing contained in the provisions of this chapter or title 61, Idaho Code, shall be construed to prevent any person or entity from providing telecommunication services in competition with a telephone corporation as to those services which have been excluded from regulation under title 61, Idaho Code, pursuant to the provisions of this chapter, or with a telephone corporation, other than a mutual, nonprofit or cooperative telephone corporation, which was not, on the effective date of this act, subject to regulation by the commission pursuant to title 61, Idaho Code.
4. Nothing contained in the provisions of this chapter shall be construed to prevent any telephone corporation from maintaining on file with the commission a tariff or price list describing the details of its services.
5. 1. For any telecommunication service which was subject, on July 1, 1988, to title 61, Idaho Code, and which at the election of the telephone corporation became subject to this chapter, the commission shall have continuing authority to regulate the telephone corporation to the extent necessary to implement the federal communications act of 1996, in accordance with section 62-615, Idaho Code. (5)(a) For any telecommunication service which was subject, on July 1, 1988, to title 61, Idaho Code, and which at the election of the telephone corporation became subject to this chapter, the commission shall have continuing authority to regulate the telephone corporation to the extent necessary to implement the federal communications act of 1996, in accordance with section 62-615, Idaho Code.
   2. The commission shall have the continuing authority to determine the noneconomic regulatory requirements relating to basic local exchange service for all telephone corporations providing basic local exchange service including, but not limited to, such matters as service quality standards, provision of access to carriers providing message telecommunication service, filing of price lists, customer notice and customer relation rules, and billing practices and procedures, which requirements shall be technologically and competitively neutral.
   3. In addition, if a telephone corporation has made an election pursuant to section 62-604, Idaho Code, and this section with reference to basic local exchange service, the maximum price the telephone corporation may charge for stand-alone basic local exchange service, as defined in section 62-607A, Idaho Code, during the transition period, shall, in the first year of the transition period, be capped at a rate ten percent (10%) above the rate in effect at the time of the election. Thereafter, in each succeeding year of the transition period, the price cap shall be increased by an additional amount that is equal to the difference between the rate at the time of the election and the price cap established hereunder for the first year of the transition period. However, during the transition period, the price cap established herein shall in no event exceed the maximum basic local exchange rate that was in effect and authorized or approved by the commission for any telephone corporation regulated pursuant to title 61, Idaho Code, or section 62-622(1), Idaho Code, for residence and business basic local exchange service rates, respectively, on the date the telephone corporation made the election pursuant to section 62-604, Idaho Code, and this section with reference to basic local exchange service.
   4. The term “transition period,” as used in this section, means a period of three (3) years from the effective date of the election by a telephone corporation to exclude basic local exchange services from regulation pursuant to title 61, Idaho Code, or section 62-622(1), Idaho Code. Provided however, the commission may, during the one hundred eighty (180) day period prior to the expiration of the initial three (3) year transition period, by order, extend the transition period for a period of two (2) additional years if the commission finds that such action is necessary to protect the public interest. The commission shall, if the transition period is extended, as herein provided, file a copy of the commission’s order with the governor and the legislature.
   5. For the purpose of calculating the weighted statewide average rates for residence and business basic local exchange service rates to enable the commission to determine eligibility for distributions to eligible telecommunications carriers from the universal service fund established pursuant to chapter 6, title 62, Idaho Code, the residence and business basic local exchange rates in effect on July 1, 2005, shall constitute the basis for such calculation, unless the commission determines that changes in basic local exchange rates subsequent to July 1, 2005, should be used for such calculation for the purpose of determining the eligibility of telecommunications carriers for distributions from the universal service fund.

§ 62-606. Requirement for price list or tariff filing — Withdrawal of tariffs or price lists.

1. All telephone corporations which provide message telecommunication services, WATS service or access to their local exchange network for the provision of such services by the use of special access or private line access and switched access, or their equivalents, shall file with the commission, for information purposes, tariffs or price lists which reflect the availability, price, and terms and conditions for those services. Changes to such tariffs or price lists, except as hereinafter provided, shall be effective not less than ten (10) days after filing with the commission, and giving public notice to affected customers. Changes to tariffs or price lists that are for nonrecurring services and that are quoted directly to the customer when an order is placed, or changes that result in price reductions, shall be effective immediately upon filing with the commission and no other public notice shall be required. Notwithstanding the foregoing, telephone corporations shall not be required to file tariffs or price lists for any services provided to business customers.
2. Upon written notice to the commission and to its business customers, and after posting the rates, terms and conditions of its services on the carrier’s public website, a telephone corporation may withdraw any tariff or price list not required to be filed under the provisions of this section, provided:
   1. The carrier continues to maintain the rates, terms and conditions of its services on the company’s public website;
   2. The commission maintains access to such terms and conditions of the telephone corporation’s service; and
   3. Nothing in this section overrides the commission’s existing authority pursuant to section 62-616, Idaho Code, to resolve customer complaints.

§ 62-607. Averaging of message telecommunication service rates.

Each provider of message telecommunication service which is subject to the provisions of the [this] chapter, shall average its rates for such service on its routes of similar distance within the state of Idaho unless otherwise authorized by the commission. Nothing contained herein shall be construed to prohibit volume discounts, or other discounts in promotional offerings.

§ 62-607A. Prohibited activities by a telephone corporation.

1. No incumbent telephone corporation, or eligible telecommunications carrier as defined in section 62-610B(1), Idaho Code, shall require a residential or small business customer, as a condition of receiving basic local exchange service, to purchase or subscribe to telecommunication services other than one (1) access line for the provision of basic local exchange service.
2. A telephone corporation that has made the election provided in sections 62-604 and 62-605, Idaho Code, with reference to basic local exchange service, shall not increase its stand-alone basic local exchange rate to residential or small business customers in any local exchange calling area to an amount that is higher than that telephone corporation’s stand-alone basic local exchange rate for residential or small business customers in the local exchange calling area having the highest number of basic local exchange service residential or business customers served by the telephone corporation within the state.
3. “Stand-alone basic local exchange rate,” as used herein, means the monthly charge made by a telephone corporation to a residential or small business basic local exchange service customer for a single line that is not included in a package of services or price discounted in a promotional offering. “Stand-alone basic local exchange rate” does not include any charges resulting from action by a federal agency or taxes or surcharge imposed by a governmental body that are separately itemized and billed by a telephone corporation to its customers.

§ 62-608. Commission authority to require interconnection for the purpose of providing message telecommunication services.

A telephone corporation providing basic local exchange service shall not be required to provide message telecommunication services. In the event a telephone corporation which provides basic local exchange service does not have interconnection with a provider of message telecommunication services, the commission may order any provider of message telecommunication service in the state to interconnect with that telephone corporation upon such terms as will be just and equitable to such provider.

§ 62-608A. InterLATA service restrictions.

1. As used in this section:
   1. “Dialing parity” means the provision of dialing arrangements and other service characteristics by a telephone corporation subject to interLATA telecommunication service restrictions, to a telephone corporation which is not subject to interLATA telecommunication service restriction, which dialing arrangements and other service characteristics are equivalent in type and quality to those provided by the telephone corporation subject to interLATA telecommunication service restrictions in its provision of message telecommunication services to its subscribers;
   2. “InterLATA telecommunication service restrictions” means the restrictions upon interexchange telecommunication services contained in section II(D)(1) of the Modification of Final Judgment entered in the case of the United States v. Western Electric Co., 552 F. Supp. 131 (D.D.C. 1982), and section V(C)(1) of the Final Judgment entered in the case of the United States v. GTE Corporation, 1985-1 Trade Cs. (CCH) P66, 355 (D.D.C. Dec. 21, 1984).
   3. “LATA” (Local Access and Transport Area), means the geographical area within which a telephone corporation may provide message telecommunication services without violating interLATA telecommunication service restrictions.
2. A telephone corporation providing basic local exchange service, which also provides message telecommunication services and is subject to interLATA telecommunication service restrictions, shall not be required to provide dialing parity to other telephone corporations for the provision of intraLATA message telecommunication services until such telephone corporation is also permitted to provide interstate and intrastate interLATA and intraLATA message telecommunication services on an integrated basis, and is not subject to interLATA telecommunication service restrictions.

§ 62-609. Imputed and nondiscriminatory access charges — Commission authority.

1. A telephone corporation, which provides basic local exchange service, and which also provides message telecommunications service shall impute to itself its prices of special access or private line access and switched access for the use of essential facilities used in the provision of message telecommunications service, special access or private line access services and WATS service or their equivalents. Such imputation shall be in the aggregate on a service by service basis. All other providers of message telecommunications service, special access or private line access services and WATS service or their equivalents shall impute to themselves, in the aggregate on a service by service basis, their individual cost of special or switched access or its equivalent in their pricing.
2. Telecommunication services which are subject to the provisions of this chapter and which services utilize special or switched access, shall be made available by the telephone corporation for resale. No telephone corporation shall, as to its prices or charges for or the provision of such services, make or grant any preference or advantage to any telephone corporation or to a provider of services exempted from regulation under section 62-603(13), Idaho Code, or subject any telephone corporation or any provider of services exempted from regulation under section 62-603(13), Idaho Code, to any prejudice or competitive disadvantage with respect to its prices or charges for providing access to its local exchange network nor establish or maintain any unreasonable difference as to its prices or charges for access to its local exchange network.
3. Notwithstanding the provisions of section 62-614, Idaho Code, if, after negotiation, a dispute under this section exists between or among telephone corporations or between or among telephone corporation(s) and provider(s) of services exempted from regulation under section 62-603(13), Idaho Code, such dispute shall be determined by the commission upon petition of any affected telephone corporation or provider(s) of services exempted from regulation under section 62-603(13), Idaho Code.

The commission shall define in an appropriate proceeding what are essential facilities for the purpose of this subsection and shall resolve any dispute which may arise under this subsection.

Information disclosed to the commission for resolution of disputes under this section shall be provided by the telephone corporations with appropriate safeguards for the protection of business or trade secrets.

§ 62-610. Universal service fund.

1. The commission shall establish a universal service fund (USF) for the purpose of maintaining the universal availability of local exchange service at reasonable rates and to promote the availability of message telecommunications service (MTS) at reasonably comparable prices throughout the state of Idaho.
2. The USF shall be funded by imposing a statewide end user surcharge on local exchange service and MTS and WATS type services.
   1. The local exchange surcharge shall be a cents per line charge with a business-residential differential equal to the statewide average business-residential price ratio. Providers of local exchange service shall remit the local exchange surcharge revenues to the fund administrator on a monthly basis, unless less frequent remittances are authorized by order or rule of the commission.
   2. The MTS and WATS surcharge shall be recovered on a percentage basis through a surcharge applied to the monthly bill of each end user or by a cents per minute charge applied to the bills of all end users. Providers of MTS or WATS services shall remit the revenues derived from such surcharge to the fund administrator on a monthly basis, unless less frequent remittances are authorized by order or rule of the commission.
   3. The surcharges set forth in paragraphs (a) and (b) of this subsection shall be collected by all telephone corporations, including telephone corporations subject to the provisions of this chapter and mutual nonprofit and cooperative telephone corporations, providing the services upon which the surcharge is levied.
3. Eligible telecommunications carriers that provide local exchange service and access service for MTS/WATS providers and that have rates for these respective services that meet both of the following criteria shall be eligible for distributions from the USF:
   1. The eligible telecommunications carrier’s average residence and business local exchange service rates for one-party single line service are in excess of one hundred and twenty-five percent (125%) of the weighted statewide average rates for residence and business local exchange service rates for one-party single line service respectively, and
   2. The eligible telecommunications carrier’s average per minute charge for MTS/WATS access services it provides is in excess of one hundred percent (100%) of the weighted statewide average for the same or similar MTS/WATS access services.
4. Distributions from the fund shall be available to the individual eligible telecommunications carrier in Idaho providing basic local exchange service to meet residual revenue requirements remaining after deducting the revenue generated by all intrastate telecommunication services, from the eligible telecommunications carrier’s total intrastate telecommunication service revenue requirement as determined by the commission, including local exchange priced at one hundred twenty-five percent (125%) or more of the weighted statewide average and MTS/WATS access services priced at one hundred percent (100%) or more of the statewide average and contributions from the federal universal service fund. The commission shall provide, by order, for not less than seventy-five percent (75%) nor more than one hundred percent (100%) of the residual revenue requirement of the individual eligible telecommunications carrier to be funded by the universal service fund. The commission shall retain its authority to approve rate design consistent with this subsection, but notwithstanding such authority, the commission shall supply full funding for any commission determined revenue requirement. Distributions from the fund shall be made monthly. (5) The commission shall:
   1. Adopt rules for the implementation and administration of the universal service fund established in this section;
   2. Determine which telephone corporations meet the eligibility standards;
   3. Provide for the receipt and collection of the surcharge for the universal service fund; and
   4. Provide for the administration and distribution of the fund to eligible telecommunications carriers in a manner determined by the commission.

(6) “Local Exchange Service,” as used in section 62-610, Idaho Code [this section], means the provision of access lines to customers with the associated transmission of two-way interactive switched voice communication within a local exchange area.

§ 62-610A. Purpose.

The purpose of this act is to authorize the Idaho public utilities commission to establish a competitively and technologically neutral funding mechanism which will operate in coordination with federal universal service support mechanisms. All consumers in this state, without regard to their location, should have comparable accessibility to basic telecommunication services at just and reasonable rates.

§ 62-610B. Definitions.

For purposes of section 62-610, Idaho Code, and sections 62-610A through 62-610F, Idaho Code, the following words and phrases shall have the following meanings:

1. “Eligible telecommunications carrier” means a telecommunications carrier designated by the commission who has the obligation to provide universal service throughout the service area for which the designation is received.
2. “Fund” means the Idaho telecommunications universal service fund established by the commission pursuant to sections 62-610A and 62-610F, Idaho Code.
3. “Service area” means a geographic area designated by the commission for the purpose of determining universal service obligations of eligible telecommunications carriers. In the case of a rural telephone company “service area” means the company’s “study area(s)” as established by the federal communications commission and the public utilities commission.
4. “Support area” means a geographic area designated by the commission as a high-cost area for which eligible telecommunications carrier(s) serving such area may receive financial assistance from the universal service fund. The commission shall consider population distribution, geographic factors, cost model capabilities and other relevant considerations in making such a determination.
5. “Telecommunications carrier” means a telephone corporation providing telecommunication services for compensation within this state, and shall, for the purposes of sections 62-610A through 62-610F, Idaho Code, include municipal, cooperative or mutual telephone companies and telecommunications companies providing wireless, cellular, personal communications services and mobile radio services for compensation.
6. “Universal service” means basic local exchange service and other telecommunication services designated by the commission as services which should be widely available to consumers in all regions of the state at just and reasonable rates.
7. All other terms, words or phrases shall have the meaning set forth in section 62-603, Idaho Code.

§ 62-610C. Universal service.

1. Universal service is an evolving level of telecommunication services to which consumers in all regions of the state should have access.
2. The commission shall review the level of telecommunication services within the state on a periodic basis and designate those service(s) which should be made available to consumers by eligible telecommunications carriers to meet their obligation to provide universal service. The commission shall, if services in addition to basic local exchange service are to be designated, consider the extent to which such other telecommunication services:
   1. Have, through the operation of market choices by customers, been subscribed to by a substantial majority of residential customers;
   2. Are being deployed in public telecommunications networks by telecommunications carriers; and
   3. Are consistent with the public interest, convenience and necessity.
   4. The commission shall also consider definitions of universal service adopted by the federal communications commission pursuant to the telecommunications act of 1996.

§ 62-610D. Eligible telecommunications carriers.

1. Only a telecommunications carrier designated as an eligible telecommunications carrier by the commission shall be eligible to receive universal service fund support.
2. The commission shall upon its own motion or upon request designate a telecommunications carrier that meets the requirements of subsection (3) of this section as an eligible telecommunications carrier for a service area designated by the commission. Upon request and consistent with the public interest, convenience and necessity, the commission may, in the case of an area served by a rural telephone company, and shall, in the case of all other areas, designate more than one (1) telecommunications carrier as an eligible telecommunications carrier for a service area designated by the commission, so long as the requesting telecommunications carrier meets the requirements set forth in this section. Before designating an additional eligible telecommunications carrier for an area served by a rural telephone company, the commission shall find that the designation is in the public interest.
3. A telecommunications carrier requesting designation as an eligible telecommunications carrier shall, throughout the service area for which the designation is made:
   1. Offer the services which are within the definition of universal service adopted by the commission, using its own facilities or a combination of its own facilities and resale of another telecommunications carrier’s services (including the services offered by another eligible telecommunications carrier); and
   2. Advertise the availability of such services and the charges therefor using media of general distribution.
   3. For the purpose of being eligible to receive support from the fund, the eligible telecommunications carrier shall also offer low-income telecommunication services pursuant to chapter 9, title 56, Idaho Code.
4. The commission shall permit an eligible telecommunications carrier to relinquish its designation as such a carrier in any area served by more than one (1) eligible telecommunications carrier. An eligible telecommunications carrier that seeks to relinquish its eligible telecommunications carrier designation for an area served by more than one (1) eligible telecommunications carrier shall give no less than thirty (30) days notice to the commission of its intent to relinquish such designation. Prior to permitting a telecommunications carrier designated as an eligible telecommunications carrier to cease providing universal service in an area served by more than one (1) eligible telecommunications carrier, the commission shall require the remaining eligible telecommunications carrier or carriers to ensure that all customers served by the relinquishing carrier will continue to be served.

§ 62-610E. Designating service and support areas.

The commission shall designate geographic service areas for the purpose of determining universal service obligations of eligible telecommunications carriers. The commission shall also designate geographic support areas for the purpose of determining areas for which financial assistance shall be made available from the fund to assist eligible telecommunications carriers to meet universal service obligations.

§ 62-610F. High-cost support — Administration — Transition.

1. The commission shall establish a universal service fund to enable eligible telecommunications carriers to make universal service widely available to all persons within the state of Idaho at reasonable rates. Eligible telecommunication carriers receiving financial support shall use that support only for the provision, maintenance and upgrading of services and facilities for which the support is intended.
2. The commission shall initiate a proceeding to determine and adopt the appropriate methodology and mechanisms to collect and distribute financial assistance which are specific, predictable and sufficient in conjunction with federal universal service support mechanisms to preserve and advance universal service within the state of Idaho. Revenue for the fund shall be collected through a uniform universal service fund surcharge as calculated by the commission. The surcharge shall be imposed on end users of all retail telecommunication services originating and terminating within the state of Idaho and collected by the telecommunications carrier providing telecommunication services to such end user. Disbursements from the fund shall be used to defray the costs, as determined by the commission, of providing universal service to customers within a geographic support area. Those costs shall be calculated using a forward-looking cost methodology. When providing disbursements from the fund, the commission shall take such actions as may be necessary to prevent redundant cost recovery by recipients of such funds including the reduction of access charges subject to title 61 or 62, Idaho Code.
3. The commission shall establish procedures to administer the universal service fund and shall contract with a neutral third party for administration of the fund. The administrator shall perform the duties required by the commission including data gathering, collecting the surcharge revenues, disbursing funds, and notifying the commission of any fund violations.
4. The commission shall develop procedures and provide for a transition period to begin no earlier than January 1, 2001, for rural telephone companies to replace funding available pursuant to section 62-610, Idaho Code, with the funding mechanism established pursuant to this section for the support of universal service.

§ 62-611. Regulatory fees.

Telephone corporations whose services are subject to the provisions of this chapter, shall pay to the commission a special regulatory fee to be determined by the commission, pursuant to procedures set forth in chapter 10, title 61, Idaho Code, in such amount as may be necessary to defray the amount to be expended by the commission for expenses in supervising and regulating telephone corporations pursuant to this chapter.

§ 62-612. Restriction on withdrawal or discontinuance of service.

1. A telephone corporation subject to this chapter which provides basic local exchange or message telecommunication service, may not withdraw or otherwise discontinue such service to a local exchange area unless one or more alternative telephone corporations are furnishing the respective telecommunication service or equivalent service to the customers in such local exchange area at the time such service is withdrawn or otherwise discontinued.
2. A telephone corporation proposing to withdraw or otherwise discontinue the services set forth in subsection (1) of this section to a local exchange area shall file a notice of such withdrawal or discontinuance of service with the commission and shall publish a notice of such withdrawal in a legal newspaper circulated within the local exchange area, and provide such other reasonable notice as may be required by the commission.
3. Any person or telephone corporation affected by a withdrawal or discontinuance of such services by a telephone corporation subject to this chapter, may within thirty (30) days from the date of publication of the notice apply to the commission to determine whether such withdrawal or discontinuance of service is authorized pursuant to this section.

§ 62-613. Subsidization of certain services not allowed.

A telephone corporation may not subsidize nonprice-regulated telecommunication services with those telecommunication services price-regulated by the commission pursuant to this chapter or to title 61, Idaho Code. The commission shall not require revenues earned from nonprice-regulated services or affiliates to be attributed to basic local exchange services, nor permit expenses incurred in producing the revenues to be attributed to the cost of providing basic local exchange services. Provided, payments to the universal service fund established by state or federal law shall not be considered to be a violation of this section.

§ 62-614. Resolution of inter-telephone corporation disputes.

1. If a telephone corporation providing basic local exchange service which has exercised the election provided in section 62-604(2)(a), Idaho Code, and any other telephone corporation subject to title 61, Idaho Code, or any mutual, nonprofit or cooperative telephone corporation, are unable to agree on any matter relating to telecommunication issues between such companies, then either telephone corporation may apply to the commission for determination of the matter.
2. Upon receipt of the application, the commission shall have jurisdiction to conduct an investigation, and upon request of either party, to conduct a hearing and, based upon evidence presented to the commission, to issue its findings and order determining such dispute in accordance with applicable provisions of law and in a manner which shall best serve the public interest.

§ 62-615. Authority to implement the telecommunications act — Suspension of obligations of rural carriers — Promulgation of rules or procedures.

1. The commission shall have full power and authority to implement the federal telecommunications act of 1996, including, but not limited to, the power to establish unbundled network element charges in accordance with the act.
2. Upon petition of a rural telephone company with fewer than two percent (2%) of the nation’s subscriber lines installed in the aggregate nationwide, the commission shall suspend the petitioner’s obligations pursuant to section 251(c) of the telecommunications act of 1996. The period of suspension shall be determined by the commission, consistent with the public interest, convenience, and necessity, provided that such suspension shall be for a period of not less than three (3) years nor more than five (5) years. All other suspensions, modifications or exemptions pursuant to the telecommunications act of 1996 shall be committed to the commission’s discretion.
3. The commission may promulgate rules and/or procedures necessary to carry out the duties authorized or required by the federal telecommunications act of 1996.

§ 62-616. Commission authority to resolve subscriber complaints.

The commission shall have the authority to investigate and resolve complaints made by subscribers to telecommunication services which are subject to the provisions of this chapter which concern the quality and availability of local exchange service, or whether price and conditions of service are in conformance with filed tariffs or price lists, deposit requirements for such service or disconnection of such service by telephone corporations subject to the provisions of this chapter. The commission may, by order, render its decision granting or denying in whole or in part the subscriber’s complaint or providing such other relief as is reasonable based on the evidence presented to the commission at the hearing. Any final order of the commission entered pursuant to this section may be enforced against any telephone corporation by an affected person or by the commission.

§ 62-616A. Duty of telephone company to customers relating to unauthorized charges by a third-party service provider.

If a customer of a telephone corporation, whether subject to the provisions of this chapter or title 61, Idaho Code, notifies the telephone corporation that an unauthorized charge from a third-party service provider has been included on the telephone customer’s bill by the telephone corporation, the telephone corporation shall remove the disputed charge from the bill and shall credit to the customer any amounts for unauthorized charges, whether paid or unpaid, that were billed by the telephone corporation on behalf of the third-party service provider during the period of six (6) months prior to the customer’s notification to the telephone corporation that unauthorized charges from a third-party service provider have been included on the telephone corporation customer’s bill. Nothing contained herein shall restrict the right of the telephone corporation to recover credited charges from the third-party service provider.

§ 62-617. Telephone corporation antitrust liability.

No action under the antitrust laws or any other provision or doctrine of law of the state of Idaho shall lie against a telephone corporation for providing service in compliance with any order of the commission. Provided however, this section shall not apply to the provision of any service for which the commission has approved or acknowledged an election pursuant to section 62-605(1), Idaho Code, except to the extent such service thereafter is the subject of a specific commission order pursuant to title 62, Idaho Code.

§ 62-618. Preemption.

The provisions of this chapter preempt, eliminate, and prohibit any economic, franchise or licensing regulation of telephone corporations subject to this chapter by cities, counties, incorporated or unincorporated areas, special use districts, or any other local governmental entity, of any kind.

§ 62-620. Civil penalty for violation.

Any telephone corporation who violates or fails to comply with any final order, decision, rule or regulation duly issued by the commission pursuant to this chapter shall be subject to a civil penalty of not to exceed two thousand dollars ($2,000) for each day that the violation continues.

Actions to recover penalties under this act shall be brought in the name of the state of Idaho, in the district court in and for the county in which the cause of action or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides. Such action shall be commenced and prosecuted to final judgment by the attorney for the commission. In any such action, all penalties incurred up to the time of commencing the same may be sued for and recovered. In all such action, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise herein provided. All fines and penalties recovered by the state in any such action, together with the costs thereof, shall be paid into the state treasury to the credit of the general account [fund]. Any such action may be compromised or discontinued on application of the commission upon such terms as the court shall approve and order.

§ 62-621. Severability.

If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section or part of this chapter, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this chapter, but the effect thereof shall be confined to the clause, sentence, paragraph, section or part of this chapter so adjudged to be invalid or unconstitutional.

§ 62-622. Regulation of basic local exchange rates, services and price lists.

1. The commission shall regulate the prices for basic local exchange services for incumbent telephone corporations in accordance with the following provisions:
   1. At the request of the incumbent telephone corporation, the commission shall establish maximum just and reasonable rates for basic local exchange service. Maximum basic local exchange rates shall be sufficient to recover the costs incurred to provide the services. Costs shall include authorized depreciation, a reasonable portion of shared and common costs, and a reasonable profit. Authorized depreciation lives shall use forward-looking competitive market lives. Authorized depreciation lives shall be applied prospectively and to undepreciated balances.
   2. At the request of the telephone corporation, the commission may find that existing rates for local services constitute the maximum rates.
   3. The commission shall issue its order establishing maximum rates no later than one hundred eighty (180) days after the filing of the request unless the telephone corporation consents to a longer period.
   4. An incumbent telephone corporation may charge prices lower than the maximum basic local exchange rates established by the commission. Provided however, upon the petition of a nonincumbent telephone corporation, the commission shall establish a minimum price for the incumbent telephone corporation’s basic local exchange service if the commission finds, by a preponderance of the evidence, that the incumbent telephone corporation’s prices for basic local exchange services in the local exchange area are below the incumbent telephone corporation’s average variable cost of providing such services.
   5. After the commission has established maximum basic local exchange rates, an incumbent telephone corporation may change its tariffs or price lists reflecting the availability, price, terms and conditions for local exchange service effective not less than ten (10) days after filing with the commission and giving notice to affected customers. Changes to tariffs or price lists that are for nonrecurring services and that are quoted directly to the customer when an order for service is placed, or changes that result in price reductions or new service offerings, shall be effective immediately upon filing with the commission and no other notice shall be required.
2. The commission shall not regulate the prices for basic local exchange services for telephone corporations that were not providing such local service on or before February 8, 1996. Provided however, such telephone corporation providing basic local exchange services shall file price lists with the commission that reflect the availability, price, terms and conditions for such services. Changes to such price lists shall be effective not less than ten (10) days after filing with the commission and giving notice to affected customers. Changes to price lists that are for nonrecurring services and that are quoted directly to the customer when an order for service is placed, or changes that result in price reductions or new service offerings, shall be effective immediately upon filing with the commission and no other notice shall be required. Notwithstanding the provisions of this subsection and subsection (1) of this section, telephone corporations that are subject to the provisions of this subsection shall not be required to file tariffs or price lists for basic local exchange services provided to business customers.
3. The commission shall cease regulating basic local exchange rates in a local exchange calling area upon a showing by an incumbent telephone corporation that effective competition exists for basic local exchange service throughout the local exchange calling area. Effective competition exists throughout a local exchange calling area when either:
   1. Actual competition from a facilities-based competitor is present for both residential and small business basic local exchange customers; or
   2. There are functionally equivalent, competitively priced local services reasonably available to both residential and small business customers from a telephone corporation unaffiliated with the incumbent telephone corporation.
4. Telephone corporations shall not resell:
   1. A telecommunications service that is available at retail only to a category of subscribers to a different category of subscribers;
   2. A means-tested service to ineligible customers; or
   3. A category of service to circumvent switched or special access charges.
5. The commission shall determine the noneconomic regulatory requirements for all telephone corporations providing basic local exchange service or designated as an eligible telecommunications carrier pursuant to sections 62-610A through 62-610F, Idaho Code, including, but not limited to, such matters as service quality standards, provision of access to carriers providing message telecommunications service, filing of price lists, customer notice and customer relation rules.

Upon written notice to the commission and to its business customers, and after posting the rates, terms and conditions of its services on the carrier’s public website, a telephone corporation may withdraw any tariff or price list not required to be filed under the provisions of this section, provided: (a) The carrier continues to maintain the rates, terms and conditions of its services on the company’s public website;

(b) The commission maintains access to such terms and conditions on the telephone corporation’s service; and

(c) Nothing in this section overrides the commission’s existing authority pursuant to section 62-616, Idaho Code, to resolve customer complaints.

§ 62-622A. Commission authority to establish minimum pricing of basic local exchange service.

A telephone corporation may file a petition with the commission alleging that another telephone corporation, not subject to regulation pursuant to title 61, Idaho Code, is offering basic local exchange service to customers in a local exchange calling area at a price below its average variable cost of providing such service in the local exchange calling area. The commission shall, if after hearing it finds by a preponderance of the evidence that the allegations contained in the petition are true, establish a minimum price for basic local exchange service of the telephone corporation in the local exchange calling area, which minimum price shall reflect the telephone corporation’s average variable cost of providing such service.

§ 62-623. Subsidy reform — Universal service — Report to legislature.

The commission shall commence a proceeding to:

1. Identify and quantify implicit subsidies within the rates of incumbent telephone corporations including, but not limited to:
   1. Access charges paid by intrastate interexchange carriers to incumbent telephone corporations including all of the carrier common line charge;
   2. Above cost rates paid by one (1) class of customers to reduce the price paid by another class of customers; and
   3. Imputation of revenue from nonregulated telecommunications services.
2. Determine a mechanism for removal of the subsidies from the rates of incumbent telephone corporations and the creation of explicit subsidy mechanisms.
3. Determine revisions that may be necessary to section 62-610, Idaho Code, regarding universal service in order to comply with the telecommunications act of 1996 and regulations promulgated thereunder.
4. On or before the first day of December 1997, the commission shall issue a report to the governor and the legislature recommending any necessary or desirable legislation concerning state and federal universal support mechanisms, the removal of implicit subsidies from rates and other telecommunication matters.

§ 62-624. Proceedings prior to enactment ratified.

Commission orders issued prior to approval of this act which relate to duties or authority granted to the commission by the telecommunications act of 1996 are hereby ratified and approved to the extent that such actions conform with the provisions of this chapter and the telecommunications act of 1996.

§ 62-625 — 62-654. Uniform bills of lading act. [Repealed.]

§ 62-701. Right to use highways.

Telephone corporations may construct or install telephone lines along, beneath the surface of or upon any public road or highway, or along, beneath the surface of, or across any of the waters or lands within this state, and may erect or install poles, posts, piers or abutments for supporting the insulators, wires and other necessary fixtures of their lines in such manner and at such points as not to incommode the public use of the road or highway, or interrupt the navigation of the waters.

§ 62-701A. Authority preserved.

1. As used in this section, “public rights-of-way” shall mean the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, easement, leasehold interest, or similar property which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining a telecommunications system.
2. With respect to the installation of its facilities within public rights-of-way, the telecommunications provider shall at all times be subject to the authority of a city, county or highway district. No grant of authority pursuant to this section shall be deemed to waive other rights or requirements of the codes, ordinances or resolutions of a city, county or highway district regarding permits, reasonable fees to be paid, manner of construction, or the like, nor to grant any property interest in the public rights-of-way.

§ 62-702. Injury to company’s property.

Any person who injures or destroys, through want of proper care, any necessary or useful fixture of any telegraph or telephone corporation, is liable to the corporation for all damages sustained thereby.

§ 62-704. Transfer of rights and franchises.

Any telegraph or telephone corporation may, at any time, with the consent of the persons holding two-thirds of the issued stock of the corporation, sell, lease, assign, transfer or convey any rights, privileges, franchises or property of the corporation, except its corporate franchise.

§ 62-801. Refusal to accept messages unlawful.

It shall be unlawful for any telegraph or telephone company or any person in charge of such telegraph or telephone service, or operating or controlling any public telegraph or telephone system or office within this state, in whole or in part, or any employee thereof, to fail or refuse to accept and transmit to its final destination, promptly and by the most expeditious means of communication available between the place of receipt and destination thereof, any message or communication when the same shall be presented for transmission to any regular telegraph or telephone station upon any of its lines, and the regular and usual fees and charges paid, tendered or offered thereon: provided, that when any message or communication is offered which is couched, in whole or in part, in obscene or profane language, nothing in this chapter contained shall be so construed as to compel any telegraph or telephone company, or any person in charge of the same, to transmit such message or communication, and for the purpose of carrying out the provisions of this chapter.

§ 62-802. Telegraph offices must connect with telephone.

All telegraph offices or stations from which messages are transmitted, or at which messages are received for transmission shall be equipped with proper telephone connections in order that messages and communications may be expeditiously transferred from telegraph to telephone lines or from telephone to telegraph lines when such transfer will accelerate the transmission of any such messages or communications: provided, that nothing herein is intended to require said telegraph companies or any one operating or controlling any telegraph system or office within this state to build a telephone line, it being intended to require such company to install a telephone in each of its offices where such telephone can be obtained by it, as it may be obtained by other business offices in the same vicinity.

§ 62-804. Law cumulative.

This chapter shall be cumulative only, and is intended as affording additional remedy not now provided by law.

§ 62-805. Penalty for violation.

Any telegraph or telephone company or person owning, controlling or operating any telegraph or telephone line or system within this state, in whole or in part, or any employee thereof, violating any of the provisions of this chapter, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined in a sum not exceeding $300.

§ 62-901. Consent of municipality must be obtained.

No corporation hereafter formed must supply any city or town with gas, or lay down mains or pipes for that purpose in the streets or alleys thereof, without permission from the city or town authorities.

§ 62-902. Duty to furnish gas on application.

Upon the application in writing of the owner or occupant of any building or premises distant not more than 100 feet from any main of the corporation, and payment by the applicant of all money due from him, the corporation must supply gas as required for such building or premises, and cannot refuse on the ground of any indebtedness of any former owner or occupant thereof, unless the applicant has undertaken to pay the same. If, for the space of ten (10) days after such application, the corporation refuses or neglects to supply the gas required, it must pay to the applicant the sum of fifty dollars ($50.00) as liquidated damages, and five dollars ($5.00) a day as liquidated damages, for every day such refusal or neglect continues thereafter.

§ 62-903. Applicant must defray expenses.

No corporation is required to lay a service pipe where serious obstacles exist to laying it, unless the applicant, if required, deposits in advance with the corporation, a sum of money sufficient to pay the cost of laying such service pipe, or his proportion thereof.

§ 62-904. Right to inspect meters.

Any agent of a gas corporation, exhibiting written authority signed by the president or secretary thereof for such purpose, may enter any building or premises lighted with gas supplied by such corporation, to inspect the gas meters therein, to ascertain the quantity of gas supplied or consumed. Every owner or occupant of such buildings who hinders or prevents such entry or inspection must pay to the corporation the sum of fifty dollars ($50.00) as liquidated damages.

§ 62-1001. Tampering with gas meter or using gas not metered — Penalty.

Any person, who, with intent to injure or defraud any company, corporation, copartnership or individual, authorized to manufacture, generate, sell or use illuminating or inflammable gas for lighting, heating or power purposes, shall injure, alter, obstruct or prevent the action of any meter, provided for the purpose of measuring the quantity of gas consumed by, or at, any burner, orifice or place, or supplied to any lamp, stove, range, furnace, machine, motor, appliance or contrivance, or who shall cause, or procure, or aid, the injuring or altering of any such meter or the obstruction or prevention of its action, or who shall make or cause to be made, with any pipe, tube, or any appliance, any connection, so as to conduct or supply illuminating or inflammable gas to any burner, or orifice, or lamp, or stove, or range or furnace, or motor, or other machine or appliance from which such gas may be consumed or utilized without passing through, or being registered by such meter, without the permission, consent, or acquiescence of the company, corporation, copartnership, or individual, furnishing or transmitting such gas, or who shall knowingly use or utilize any such gas which has not passed through the meter provided for the registration of the consumption thereof, or who shall by any means, device, appliance or contrivance, knowingly use or utilize such gas for his own use, or for the use of another, with intent to evade payment thereof, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding three hundred dollars ($300.00), or by imprisonment in the county jail for a term not exceeding six (6) months or by both such fine and imprisonment.

§ 62-1002. Search warrant upon suspected violation of preceding section.

Any such company, corporation, copartnership or individual, authorized to manufacture, generate, sell, or use illuminating or inflammable gas, who shall have probable cause to believe that any person, firm, company, copartnership or corporation is violating the provisions of this chapter, shall, upon making the affidavit required in, and complying with all the provisions of chapter 44 of title 19[, Idaho Code], be entitled to have a search warrant issued to it and served in the manner provided in said chapter 44 of title 19[, Idaho Code].

§ 62-1003. Right to civil action for damages not affected.

Nothing herein contained shall be deemed to affect the right of any company, corporation, copartnership, firm or individual, to recover by civil action, in any court of competent jurisdiction the reasonable value of such gas used, or damages for any injury done by such unlawful acts.

§ 62-1101. Grant of authority.

Any person, company or corporation incorporated or that may hereafter be incorporated under the laws of this state or of any state or territory of the United States, and doing business in this state, for the purpose of owning, controlling or operating any pipeline for the transmission, delivery, furnishing, or distribution of natural, or manufactured, gas for light, heat, or power, or of owning, controlling and operating any pipeline for the transportation, distribution or delivery of crude petroleum, petroleum products, or of owning, controlling and operating any pipeline as defined by section 61-114, Idaho Code, shall have, and is hereby given, the right to construct, maintain, and operate such pipeline upon, along, and over, or under, any and all public roads, streets, and highways, except within the limits of incorporated municipalities, and across the right of way of any railroad, or railroad corporation, together with the necessary fixtures and appliances and other personal property, including telephone, telegraph and power lines, necessarily incident or appurtenant to the construction, operation, maintenance or management of such pipeline, in such manner and at such places as not to incommode the public use of the road, street, highway, or railroad, or to interrupt the navigation of water.

§ 62-1103. Limitation and construction of chapter.

Nothing herein shall be construed to grant the right to occupy public roads for any railroad or car line of any kind. Nothing herein shall be construed as denying to any incorporated municipality the power and right to grant rights similar to those expressed in section 62-1101[, Idaho Code,] within the limits of such municipalities as to the public roads, streets, highways and public places and railroad rights of way within said municipalities; and any such municipality may grant any such right of way within its limits to any such person, company or corporation.

§ 62-1201. Public utilities commission may require fence along railroads.

The public utilities commission shall have the jurisdiction and authority to require every railroad company or corporation operating any steam or electric railroad in this state to erect and maintain lawful fences on each or either side of such railroad where such railroad is not now required by law to erect and maintain fences, at such places as the public utilities commission shall determine such fences to be necessary to protect cattle, horses or mules or any other domestic animal being ranged or grazed upon land adjacent to such railroad from being wounded, maimed or killed by the operation or management of engines, cars or other rolling stock upon or over such railroad, with necessary openings and gates in such fences, and crossings and cattle guards for such openings and gates.

§ 62-1202. Authority exercised upon verified application.

Such jurisdiction and authority shall be exercised in each instance only when verified application shall be filed with such commission by not less than fifteen (15) persons owning cattle, horses or mules with the right to range or graze the same upon the lands adjacent to the portion of the railroad sought to be fenced.

§ 62-1203. Contents of application.

Such application shall set forth sufficient description of such lands to identify the same, and the name and address of the owner or owners of such lands, and if any such lands are lands of the United States or the state of Idaho shall designate the agency or department of government administering such lands, and shall also set forth the nature of the right of each petitioner to range or graze cattle, horses, mules or other domestic animals thereon. Such application shall also specify the ownership of the railroad sought to be fenced.

§ 62-1204. Notice of hearing.

Upon the filing of such application notice thereof and of any hearing by the commission thereon shall be given by mail by the commission to the owner or owners of such lands and if any such land is land of the United States or the state of Idaho, to the agency or department of government administering such land, and to the railroad company or corporation owning or operating the railroad and such owners, agency or department and such railroad shall have the right to protest the granting of such application and be heard thereon.

§ 62-1205. Determination of necessity — Time allowance for construction.

Upon such hearing the public utilities commission shall determine whether or not any fence or fences shall be necessary to protect cattle, horses or mules or any other domestic animals being ranged or grazed upon the land designated in such application, from being wounded, maimed or killed by the operation or management of engines, cars or other rolling stock upon such railroad and may then order that fence or fences be constructed and maintained by the railroad company or corporation at such place or places along such railroad adjacent to the lands designated in such petition as the commission in its discretion shall determine and may fix the time within which such fence or fences shall be constructed and may designate the place or places for necessary openings and gates therein and crossings and cattle guards in connection therewith.

§ 62-1206. Modification or revocation of orders.

Such commission shall also have the jurisdiction and authority to modify or revoke any such order when upon its determination the necessity for any such fence shall cease to exist.

§ 62-1207. Penalty for violation of order.

The failure of any railroad company or corporation to comply with any order of the commission authorized by this act shall not subject such noncomplying railroad company or corporation, or any of its officers, agents or employees, to any of the penalties prescribed in sections 61-706 to 61-709[, Idaho Code], both inclusive, but shall subject such company or corporation to the liability prescribed by section 61-702 of the Idaho Code.

§ 62-1301. Legislative intent.

The legislature of the state of Idaho recognizes that the issue of ground water depletion requires careful evaluation and study. Pertinent to such evaluation and study is the electric and natural and manufactured gas consumption of motors pumping water from wells.

§ 62-1302. Submission of pumping data by electric and gas suppliers.

Upon receipt of a request from the Idaho department of water resources, filed in accordance with procedures of the Idaho public utilities commission, all suppliers of electric power, or natural or manufacturer [manufactured] gas, including those otherwise excepted under section 61-104, Idaho Code, shall submit an annual report after the close of the irrigation season. The report shall contain electric or gas consumption data for all accounts that are categorized as irrigation customers in geographic areas designated by the commission.

§ 62-1303. Adoption of procedures.

The Idaho public utilities commission, after notice and hearing pursuant to its rules of practice and procedure, shall promulgate rules that are necessary to implement the procedures for submission of electric and gas consumption reports. Such procedures shall provide that only the Idaho department of water resources may request electric and gas consumption data. In implementing such rules, the commission shall limit the submission of data to customer name, service location, customer account number, and power or gas consumption.

§ 62-1304. Compensation to suppliers.

Electric or gas suppliers that are required to submit consumption reports shall be entitled to claim reimbursement for the preparation of the required data, under procedures established by the commission. Reimbursement for the costs incurred in preparing and submitting the data will be paid by the Idaho department of water resources.

§ 62-1305. Submission of data to Idaho department of water resources.

As directed by the public utilities commission, electric and natural and manufactured gas suppliers shall forward consumption reports to the department of water resources in the manner prescribed by the commission rules.