Chapter 347

2003 -- H 6518

Enacted 07/17/03

AN ACT

RELATING TO BUSINESSES AND PROFESSIONS - - TELECOMMUNICATIONS

Introduced By: Representative Arthur J. Corvese

Date Introduced: June 12, 2003

It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-70-7 of the General Laws in Chapter 5-70 entitled

"Telecommunications" is hereby amended to read as follows:

5-70-7. Persons and work exempt. -- The provisions of this chapter do not apply to:

      (1) The work and equipment employed in connection with the operation of signals, or the

transmission of intelligence, and performed by an employee of a municipality or public utility

where that work and equipment is an integral part of the communication system owned and

operated by a municipality or by a public utility company; or in rendering that work that is

subject to regulation under the authority of the public utility commission or the federal

communications commission. Work and equipment are integral parts of a communication system

if the work and equipment are used to transmit telephone calls or messages in those

communication systems.

      (2) The work and equipment employed in connection with any community antenna

television system (CATV) subject to regulation under title 39 by the division of public utilities; or

any subcontractor of the CATV system while performing the work, whether or not the work is

deemed regulated or nonregulated by a state or federal code, statute, regulation, or decision of any

regulatory authority or board.

      (3) The work and equipment employed in connection with any public or private radio or

television station and/or service and their authorized agents, that have in their employ a person

holding a valid federal commercial class license granted by the federal communication

commission.

      (4) The work and equipment employed in connection with the installation and/or

servicing of data processing systems or personal computers that are provided by a data processing

firm or corporation. This exemption does not extend to include work pursuant to this chapter.

      (5) This chapter does not forbid the installation of telecommunications systems in a

single family residential building or on the immediate premises of the building by the owner if the

owner is living on, or about to live on, the premises.

      (6) This chapter exempts and has no application to any holder of an electrical

contractor's license, certificate A or the holder of an electrician's journeyperson's license,

certificate B, issued by the Rhode Island department of labor and training, division of

professional regulation, and an electrician apprentice registered by the department of labor and

training working under the direct supervision of a holder of an electrician journeyperson's license,

Class B. Work performed pursuant to this chapter is designed in accordance with the provisions

of this chapter or a manufacturer's design and specification installation instruction.

      (7) This chapter does not forbid any person who now holds a license issued by the state

in the performance of their normal duties; nor does it forbid any person who now holds a license

to operate a moving picture machine in the performance of their normal duties; provided, that the

person holds a valid license that was granted by a town or city council in the state or by an

official, board, or agency endowed with authority to issue that license. This exemption does not

apply to work performed that is not directly related to the performance of the duties of the license

holder that are regulated under the valid license.

      (8) (i) Any firm, corporation, or other form of legal entity which employs permanent

staff to design, configure, install, or service telecommunications system(s) within its own

organization, affiliates, members, or network. The organization is referred to as a "self-provider"

for purposes of this chapter.

      (ii) The staff employed by the self-provider is not required to be licensed under this

chapter while performing work in supporting the telecommunications system(s) within its

organization, affiliates, members, or network.

      (iii) However, should the self-provider contract any services provided by the subject

telecommunications system(s), those individuals performing the work associated with the

services are not exempt from this chapter and must hold the appropriate license under this

chapter.

      (9) This chapter does not forbid the work of any person who holds a registration as a

professional engineer in this state in the performance of their normal duties; provided, that the

work is stamped and signed in accordance with the rules and regulations of the board of

registration of professional engineers.

      (10) The telecommunications work and equipment in mines, ships, railway rolling stock,

or automotive equipment.

      (11) The work and equipment employed in connection with kindergarten through grade

12 schools or public libraries utilizing volunteers under the direct supervision of a Rhode Island

licensed telecommunication system contractor (TSC), with no more than two (2) volunteers being

directly supervised by a Telecommunication Systems Contractor (TSC).

      (12) [Repealed effective August 1, 2003.]The work and equipment employed in

connection with any telephone company with fifty thousand (50,000) or more access lines subject

to regulation by the public utilities commission and/or the division of public utilities, whether or

not the work is deemed regulated or nonregulated by a state or federal code, statute, regulation, or

decision of any regulatory authority or board. The provisions of this subsection only shall be

effective until August 1, 2003, after which date they shall be deemed repealed.

     SECTION 2. This act shall take effect upon passage.   

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LC03431

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