It is enacted by the General Assembly as follows:

SECTION 1. Title 5 of the general laws entitled "Businesses and Professions" is hereby amended by adding thereto the following chapter:

{ADD 5-70-1. Declaration of purpose. -- ADD} {ADD In order to protect the public interest and property, assure compliance with standards of technical competency, and promote safe practices in the act of designing, installing, servicing, and testing of telecommunications systems in this state, telecommunications are hereby declared to be subject to regulation in the public interest. ADD}

{ADD 5-70-2. Practices prohibited. -- ADD} {ADD It shall be unlawful for any person not in compliance with this chapter to engage in, or to offer to design, install, alter, service, or test telecommunications systems in this state, as defined in the provisions of this chapter. ADD}

{ADD 5-70-3. Definitions. -- ADD} {ADD As used in this chapter;

"Telecommunications Systems" shall refer to any system involved in the sending and/or receiving at a distance of voice, sound, data and/or video transmissions.

"Telecommunications Systems Contractors" shall mean a corporation, firm or person who, by the employment of licensed telecommunications installers and technicians, performs, the work of telecommunications systems in accordance with the provisions of this chapter.

"Telecommunications Systems Technicians" shall mean a person who, by reason of his knowledge of the mathematical and physical sciences; and the principles, functions and fundamentals of one (1) or more of the categories of telecommunications systems defined under provisions of this chapter acquired by professional education and/or practical experience, is qualified to engage in telecommunications work as attested by his licensing as a telecommunications system technician in this state.

"Telecommunications Systems Limited Installer" shall mean a person who, by reason of his knowledge of general principles and fundamentals of telecommunications systems installation including relevant codes and regulations, is qualified to engage in the installation of telecommunications system equipment as attested to by his licensing as a telecommunications system limited installer in this state.

The category "data communications" shall mean use or operation of apparatus for transmission of digitized information between distant points with or without connecting wires.

The category "telephony" shall mean use or operation of apparatus for transmission of sounds and especially speech between distant points with or without connecting wires.

The category "video communications" shall mean use or operation of apparatus for transmission of images(s) between distant points reproduced through electrical or other means with or without connecting wires.

The category "sound" shall mean use or operation of apparatus for transmission of sounds and especially music and/or speech between distant points with or without connecting wires for broadcast or disbursement over a defined area.

"Telecommunication device" as used in this chapter shall mean an analog or digital electronic device which processes data, telephony, video or sound transmission as part of a telecommunications system. ADD}

{ADD 5-70-4. Licensing authority. -- ADD} {ADD There is hereby established a board of examination and licensing of telecommunication systems contractors, technicians and installers which shall be composed of seven (7) members. Five (5) members of the board shall be telecommunications systems professionals who shall be qualified for licensing under the provisions of this chapter. Each of the four (4) categories shall be represented by a minimum of one (1) licensed professional within that category. Each telecommunications professional member of the board shall have been actively engaged in either/or the design, installation, alteration, service, and testing of telecommunications systems, as defined by this chapter, for ten (10) consecutive years immediately prior to appointment. One (1) member of the board shall be a designated representative of an organization whose purpose is to represent the interests of telecommunications systems users within this state. One member of the board shall be a representative of telecommunications systems equipment manufacturers and/or suppliers. Each member of the board shall be a qualified elector of the board shall be a qualified elector of the state for three (3) consecutive years prior to appointment.

Each member of the board shall be appointed by the governor with the advise and consent of the senate to serve for a term of seven (7) years and until his successor is appointed and qualified. Not more than one (1) member of the board shall be directly employed with or by any single telecommunications business, firm or corporation.

Initial appointments to the board shall be made for one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) years respectively in order to provide for the expiration of one position each year.

Vacancies occuring in the membership of the board shall be filled by the governor with the advise and consent of the senate for the unexpired portion of the term. A member appointed for a full term shall not be eligible for more than two consecutive terms.

Each member of the board shall take and subscribe to the oath of office required of state officials generally. ADD}

{ADD 5-70-5. Form of license/registration. -- ADD} {ADD Three (3) major forms of license shall be issued with the two higher licenses carrying certification for one (1) or more of the four (4) category(s), as defined within this chapter, for which qualified.

(A) TELECOMMUNICATIONS SYSTEM CONTRACTOR, TSC, license shall be issued to any person qualified under this chapter representing themselves, individually, or a firm or corporation engaging in or about to engage in, the business of designing, installing, altering, servicing, and/or testing telecommunications systems.

Qualification shall be evidenced by passing the examination(s) for any or all of the categories of telecommunications systems described herein, shall have been licensed as a telecommunication systems technician for a minimum of three (3) consecutive years, and shall be registered to conduct business under the laws of the state; or as otherwise described within this chapter.

The holding of a TSC license shall entitle the holder individually to contract for, engage in, and/or perform the actual work of designing, installing the type(s) of telecommunications systems for which they have been granted certification. No individual shall be required to hold more than one (1) form of license.

(B) TELECOMMUNICATIONS SYSTEMS TECHNICIAN, TST, license shall be issued to any person who has passed the examination(s) as defined within this chapter for any or all of the categories of telecommunications systems described herein.

The holding of a TST license shall entitle the holder individually to perform the actual work of installing, altering, servicing, and/or testing the type(s) of telecommunications systems for which they have been granted certification. All such work performed shall be under the supervision of the holder of a TSC license.

(C) TELECOMMUNICATIONS SYSTEM LIMITED INSTALLER, TSLI, license shall be issued to any person who has passed the examination as defined within this chapter and as described herein.

The holding of a TSLI license shall entitle the holder to perform the actual work of installation of wiring, raceway, boxes, enclosures and wiring devices associated with a telecommunications system.

Connection to, installation of or servicing of telecommunications devices shall only be performed under the direct supervision of a holder of a TST or TSC license.

(D) TRAINEE--Registered trainees may be employed to perform the actual work of installation of wiring, raceway, boxes, enclosures and wiring devices associated with a telecommunications system under the direct supervision of a holder of a TST or TSC license.

Trainees shall be required to register with the licensing authority subsequent to employment by a person, firm or corporation licensed as a TSC under this chapter; and prior to being permitted to perform any actual installation work.

The registered trainee shall not be permitted to make connection to, install or service telecommunications devices. No more than four (4) registered trainees can be directly supervised by a single TSC or TST license holder. ADD}

{ADD 5-70-6. Unauthorized practice prohibited -- Criminal penalties -- Injunctions. -- ADD} {ADD (a) Except as provided herein, no individual, firm or corporation shall provide or offer to provide telecommunications services in this state or use any title, sign, card or device implying that the individual, firm or corporation is qualified to provide said services unless that individual, firm or corporation is the beneficial holder of a currently valid license issued pursuant to this chapter.

(b) Any individual, partnership, or corporation which violates subsection (a) of this chapter shall be guilty of a misdemeanor and upon conviction by a court of competent jurisdiction shall be sentenced to pay a fine of not more than five hundred dollars ($500) for the first offense, and a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1000) for each subsequent offense or imprisonment for not more than one (1) year or both.

(c) The board shall have the power to institute injunction proceedings in superior court to prevent violations of subsection (a) of this section. In injunction proceedings the board shall not be required to prove that an adequate remedy at law does not exist, or that substantial or irreparable damage would result from continued violations. ADD}

{ADD 5-70-7. Persons and work exempt. -- ADD} {ADD The provisions of this chapter shall not apply to:

(A) The work and equipment employed in connection with the operation of signals, or the transmission of intelligence, 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.

(B) 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 such CATV system while performing such work.

(C) The work and equipment employed in connection with any public or private radio or television station that have in their employ a person holding a valid federal commercial class license granted by the Federal Communication Commission.

(D) 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.

(E) This chapter shall not forbid the installation of telecommunications systems in a single-family or two-family dwelling on the immediate premises thereof by the owner thereof if living on, or about to live on, the premises.

(F) This chapter shall not forbid any person who now holds or hereafter may hold an electrician license issued by the state from performing those duties and work allowed the holder of the TSLI license.

(G) This chapter shall not forbid any person who now holds a license issued by the state in the performance of their normal duties; nor shall it forbid any person who now holds a license to operate a moving picture machine in the performance of their normal duties provided that 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. Such 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 said license.

(H) 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. Said organization shall be referred to as a "self provider" for purposes of this chapter.

The staff employed by the self provider shall not be required to be licensed under this chapter while performing work in supporting the telecommunications system(s) within said organization, affiliates, members or network.

However, should the self provider contract any services provided by the subject telecommunications system(s), those individuals performing the work associated with such services are not exempt from this chapter and must hold the appropriate license under this chapter. ADD}

{ADD 5-70-8. Rules and regulations -- Powers of the board. -- ADD} {ADD (a) The board shall issue certificates to individuals who have qualified to engage in telecommunication work under the provisions of this chapter. The board may establish such rules and regulations for the issuance and renewal of certificates as it deems appropriate.

(b) The board shall have the power to suspend, revoke or annul certificates in accordance with the provisions of this chapter. In all disciplinary proceedings brought pursuant to this chapter, the board shall have the power to administer oaths, to summon witnesses, and to compel the production of documents in accordance with the procedures applicable in the superior court. Upon failure of any person to appear or produce documents in accordance with the board's order, the board may apply to a court of any jurisdiction to enforce compliance.

(c) The board shall have the power to establish such subcategory/ies within the aforementioned licensing forms and categories as may be determined to be required to accommodate significant or substantive changes and/or improvements in current technologies or to accommodate new developments if technologies affecting telecommunications. Said subcategory/ies shall be specifically limited in purpose and scope. ADD}

{ADD 5-70-9. Transition period. -- ADD} {ADD No person shall be liable for prosecution for installing, altering, servicing, and/or testing telecommunications systems for which a license is required under this chapter without a license for the six (6) month period following enactment of this chapter. ADD}

{ADD 5-70-10. Application. -- ADD} {ADD (a) Applications for licenses required by the provisions of this chapter shall be filed with the licensing authority on a form provided by the licensing authority.

If the applicant is an individual the application shall be subscribed and sworn to by such individual. If the applicant is a firm, partnership or corporation, the application shall be subscribed and sworn to by an owner in the case of a firm, and by at least one (1) general partner in the case of a partnership, and by a corporate officer in the case of a corporation.

If the applicant is an individual and does not reside, operate any business or is not employed within the state; or if in the event the applicant is a firm, partnership or corporation and no owner or general partner or corporate officer resides or is employed within the state, then the application must also be subscribed and sworn to by an individual having the authority and the responsibility for the management and operations of the business within the state.

(b) If the applicant is a corporation, the application shall specify the date and place of its incorporation, the location of the applicant's principal place of business, a list of the principal officers of the corporation, owners of twenty-five percent (25%) or more of outstanding stock of all classes of the corporation, and the business address, residence address and the office or position held by each such officer in the corporation.

(c) The application shall include the following information for each individual required to subscribe and swear to it:

(1) The individual's full name and address (business and residence);

(2) The individual's business and residence telephone number;

(3) The individual's date and place of birth;

(4) A head and shoulders photograph (passport type) taken within three (3) months prior to the date of the submission of the application;

(5) The name and address of the individual's relevant past and present employment; name, address, and telephone number of supervisor and the length of time engaged therein;

(6) Evidence of experience as required by subsection (g) of this chapter.

(d) Applications for TSC license shall include the following information concerning the applicant;

(1) The name, address and telephone number of the business;

(2) A sworn statement as to the length of time that the applicant has been engaged in the telecommunications business;

(3) Evidence of experience as required by subsection (g) of this chapter.

(e) The licensing authority may require that the application include any other information which the licensing authority may reasonably deem necessary to determine whether the applicant or individual signing the application meets the requirements of this chapter or to establish the truth of the facts set forth in the application;

(f) Any individual signing a license application must be at least eighteen (18) years of age;

(g) Applicants may submit as evidence of experience the following:

(1) Completed forms as approved by the licensing authority with employment verified by the qualified employer and signed under any of the penalties set forth for making false statements as evidence of experience.

(2) A valid license issued under the conditions of this chapter by the licensing authority.

(3) Documentary evidence of experience while serving with the armed forces of the United States indicating formal training, job classification, job description, length of job assignment, and such other evidence as may reasonably be required by the licensing authority in order to determine suitability.

(4) Anyone having evidence of experience other than as outlined above may submit such to the board for consideration for approval. ADD}

{ADD 5-70-11. Examination. -- ADD} {ADD (a) The board shall establish suitable rules and regulations for the examination and licensing of telecommunications technicians, specialists and businesses and also governing the practice of the professions of telecommunications. This shall not include any prohibition of employment of a properly licensed telecommunications technician, specialists or business.

(b) The board shall hold examinations for individuals applying for licensing at least once each quarter year, provided that there are applicants qualified under this chapter.

(c) The board shall establish such rules and regulations for the examination of applicants so as to assure the technical competence of the applicant in one (1) or more of the four (4) categories defined within this chapter as it deems appropriate, but in no case shall technical competence account for less than sixty-five percent (65%) of the mathematical computation of the examination score and in no case will a passing grade be considered less than seventy-five percent (75%) of the total score within any one (1) category. No less than twenty-five percent (25%) of the mathematical computation of the examination shall cover knowledge of applicable federal and state codes and regulations.

(d) The board shall periodically solicit input from appropriate regulating authorities as to recommendations of subject items to be installed in the appropriate portion of the examination. ADD}

{ADD 5-70-12. Reciprocity. -- ADD} {ADD A person holding a license to engage in the practice of telecommunications, on the basis of comparable written examination, issued to him by a proper authority of a state, territory, or possession of the United States, the District of Columbia, or of any foreign country, who, in the opinion of the board, meets the requirements of this chapter, based on verified evidence may, upon application and evidence of need, be licensed without further examination. ADD}

{ADD 5-70-13. Grandfathering -- Licensing of telecommunications systems contractors (TSC), telecommunications systems technicians (TST), and telecommunications systems limited installers (TSLI) without examination. -- ADD} {ADD (a) After enactment of this chapter and at any time prior to the expiration of six (6) months following enactment of this chapter, the authority shall, without examination, upon payment of the fees herein required issue a license "TSC", "TST", or "TSLI" to any applicant who shall present satisfactory evidence that he has the qualifications for the type and category/ies of license applied for, and who has a minimum of three (3) years of verified continual experience installing, altering, servicing, and testing telecommunications systems covered by such license, as applicable, in this state within the five (5) years immediately preceding enactment of this chapter. Applicant for license TSC under this provision must further provide sworn evidence of satisfactory completion of a minimum of three (3) projects/systems for each category for which application is made.

(b) Any person qualified to obtain a license TST or TSLI under this section who is prevented from making application herefore by reason of service in the armed forces of the United States during the six (6) month period following enactment of this chapter shall have three (3) months after discharge or release from active duty to make such application.

(c) On and after such date as the public utility commission no longer regulates a telephone company, a corporate affiliate of such telephone company, or a service provided by such company or corporate affiliate, the licensing authority shall issue an appropriate license as provided in this chapter, to any person who is an employee of such telephone company or such corporate affiliate on such date who, as a result of such deregulation, becomes subject to the provisions of this chapter and who applies for any such license in accordance with the provisions of this chapter not later than six (6) months after such date, provided any such employee shall not be required to pass any examination in order to qualify for any such license. ADD}

{ADD 5-70-14. Renewal of licenses. -- ADD} {ADD (a) Application for renewal of a license must be received by the licensing authority on a form provided by the licensing authority no less than thirty (30) days prior to the expiration date of the license, subject to the right of licensing authority to permit late filing upon good cause shown.

(b) The licensing authority may refuse to renew a license for any of the grounds set forth in this chapter and it shall promptly notify the licensee of its intent to refuse to renew the license. The licensee may, within fifteen (15) days after receipt of the notice of intent to refuse to renew a license, request a hearing on that refusal in the manner prescribed in this chapter. A licensee shall be permitted to continue to engage in the business permitted by such license while its renewal application is pending.

(c) Every certificate shall expire on the last day of March of the third year following its issuance. An individual who fails to renew his license prior to March 31 may not ADD}

{ADD thereafter renew his license except upon payment of the renewal fee and the additional fee required by this chapter. ADD}

{ADD 5-70-15. Certificate -- Identification cards. -- ADD} {ADD (a) Upon payment of the fees required by this chapter, an individual who has complied with the requirements of this chapter shall be entitled to a certificate and identification card indicating that he is qualified for licensure under the provisions of this chapter.

(b) Each certificate shall contain the name of the individual to whom it was issued and his date of birth and the category/ies to which he is licensed.

(c) Each individual identification card shall contain the name of the individual to whom it was issued, his date of birth, the class of license, the category/ies to which he is licensed, the company, firm or corporation with which he is employed, and a head and shoulders picture (passport type) taken within three (3) months prior to the date of issuance of the license.

(d) A duplicate certificate and/or identification card to replace one (1) which has been lost, destroyed or mutilated may be issued by the board upon payment of the fee required by this chapter. ADD}

{ADD 5-70-16. Fees. -- ADD} {ADD (a) The fees paid by an applicant for filing an application for examination, for the examination, for annual renewal, for renewal of an expired certificate, or for issuance of a duplicate certificate shall be in accordance with section entitled "Fees", of the by-laws of the board.

(b) All fees or other monies collected under the provisions of this chapter shall be paid to and received by the general treasurer who shall keep those monies in a separate fund. All monies in the fund shall be used to reimburse the board for expenses incurred in the administration and enforcement of this chapter. The controller is authorized and directed to draw his orders upon the general treasurer for payment from the fund, upon receipt by the controller of vouchers authenticated by the chairman or secretary of the board. ADD}

{ADD 5-70-17. Records. -- ADD} {ADD (a) The secretary of the board shall keep a record of its proceedings. The record shall include the name, age, and last known address of each applicant for registration, information concerning each applicant's education, experience and other qualifications, the text of all examinations administered and the results thereof and such other information as the board deems appropriate. The record of the board shall be prima facie evidence of the proceedings and a certified transcript by the secretary shall be admissible in evidence with the same force and effect as if the original were produced.

(b) The board shall maintain a roster of technicians, specialists and businesses. Copies of the roster shall be made available annually to federal agencies within the state, city and town officials, and may be distributed or sold to the public.

(c) The secretary of the board shall receive and account for all monies derived from the activities of the board and shall submit to the governor and the general assembly a report of its transactions of the preceding year. ADD}

{ADD 5-70-18. Enforcement. -- ADD} {ADD (a) The board may refuse to issue a certificate, or may revoke or annul a certificate, or may suspend a certificate for a period not to exceed one (1) year for any of the following acts:

(1) Bribery, fraud, or misrepresentation in obtaining a license;

(2) Performing or engaging in the installation, alteration, service, or testing of telecommunications systems in another state or country in violation of the laws of that state or country;

(3) Performing or engaging in the installation, alteration, service, or testing of telecommunications systems in this state in violation of the provisions of this chapter or standards of professional conduct established and published by the board;

(4) Fraud, deceit, recklessness, gross negligence, or incompetence in the installation, alteration, service, or testing of telecommunications system;

(5) Use of a license serial number in a manner other than that authorized by this chapter.

(b) Any person may prefer charges against an applicant or licensee under subsection (a) of this section by submitting a written statement of charges, sworn to by the complainant with the secretary of the board. In addition, the board may, on its own motion, investigate the conduct of an applicant or licensee, and shall, in appropriate cases, file a written statement of charges with the secretary. The board shall hear and determine all charges within three (3) months after the date on which the statement of charges, was received by the secretary. The time and place of the hearing shall be fixed by the board. The applicant or licensee charged shall be entitled to be represented by counsel. Hearing shall be conducted in accordance with the provisions for hearings of contested cases in chapter 35 of title 42. Any member of the board may administer oaths and conduct examinations. If, after hearing, four (4) or more members of the board shall find the accused applicant or licensee guilty of the charges, or any of them, it may refuse to issue a license to the accused applicant, or it may revoke or suspend the license of the accused licensee.

(c) The board may, in its discretion, issue a license to any applicant, denied licensing under subsection (b) of this section upon presentation of suitable evidence of reform. The board may, in its discretion, reissue a license revoked or suspended under subsection (b) of this section upon presentation of suitable evidence of reform.

(d) The attorney general or his deputy shall act as legal advisor to the board and shall render such legal assistance as may be necessary in carrying out the provisions of this chapter. The board may employ counsel and other necessary assistance to be appointed by the governor to aid in the enforcement of this chapter, and the compensation and expenses therefor shall be paid from the fund of the board. ADD}

{ADD 5-70-19. Local laws -- Codes. -- ADD} {ADD (a) Immediately upon enactment of this chapter, no local government subdivision within this state shall enact any ordinance or promulgate any rules or regulations relating to the licensing of telecommunications systems businesses or other individuals required to obtain a license under this chapter.

(b) Sixty (60) days after enactment of this chapter, any provision of any legislation or rules or regulations of any local government subdivision within the state requiring the licensing of a telecommunications systems business or requiring that other individuals employed by or associated with a telecommunications systems business obtain licenses shall be no longer be effective.

(c) The provisions of this chapter are not, however, intended to and do not prevent the legally constituted authority of any local governmental subdivision within the state by legislation, rules or regulations, and within the police power of that local government subdivision, from requiring telecommunications systems businesses to register their names, addresses and license certificate number with the local governmental subdivision within which they operate. No fee may be charged nor may any application be required by any local governmental subdivision for that registration.

(d) Although this chapter pre-empts local governmental subdivisions from enacting any licensing legislation or promulgating licensing rules or regulations applicable to telecommunications systems businesses, local governmental authorities may by legislation or reasonable rules or regulations require telecommunications systems users in their jurisdiction to obtain a permit at the time of installation and fix a nominal fee for those permits, those fees shall not exceed twenty-five dollars ($25.00). ADD}

{ADD 5-70-20. Severability. -- ADD} {ADD The provisions of this chapter are severable, and if any section shall be declared invalid or void for any reason, the remainder of this chapter shall not be affected or impaired. ADD}

SECTION 2. This act shall take effect upon passage.