Introduced By: Senators Enos, Paiva Weed, Fogarty, Walton and Sosnowski
Date Introduced : February 9, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Sections 5-70-3, 5-70-5, 5-70-7 and 5-70-13 of the General Laws in Chapter 5-70 entitled "Telecommunications" are hereby amended to read as follows:
5-70-3. Definitions. -- As used in this chapter:
(1) "Telecommunication device" means an analog or digital electronic device which processes data, telephony, video, or sound transmission as part of a telecommunications system.
(2) "Telecommunications system technician" means a person who, by reason of his or her knowledge of the mathematical and physical sciences, and the principles, functions and fundamentals of one 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 or her licensing as a telecommunications system technician in this state.
(3) "Telecommunications systems" means any system involved in the sending and/or receiving at a distance of voice, sound, data, and/or video transmissions.
(4) "Telecommunications systems contractors" means 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.
(5) "Telecommunications systems limited installer" means a person who, by reason of his or her 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 or her licensing as a telecommunications system limited installer in this state.
(i) The category "data communications" means use or operation of apparatus for transmission of digitized information between distant points with or without connecting wires.
(ii) The category "telephony" means use or operation of apparatus for transmission of sounds and especially speech between distant points with or without connecting wires.
(iii) The category "video communications" means use or operation of apparatus for transmission of image(s) between distant points reproduced through electrical or other means with or without connecting wires.
(iv) The category "sound" means 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.
{ADD (6) The term "design" as used in this chapter shall mean the act of creating a document, either manually or electronically, that defines the layout, placement and/or configuration of telecommunication devices, infrastructure components and/or physical topology(s); trunking or distribution routing(s) and/or their material components; telecommunication outlet locations and/or their material components; telecommunication closet locations and/or their material components for the purpose of defining telecommunication work licensed within this chapter. ADD}
{ADD This definition does not include the recording of changes to a design document that reflect field changes made during installation of the telecommunication system detailed in the said design document. ADD}
{ADD (7) The term "residential dwelling" as used in this chapter shall mean a dwelling with one or more rooms for the use of one or more persons as a housekeeping unit with space for eating, living and sleeping, and permanent provisions for sanitation. ADD}
5-70-5. Form of license/registration. -- Three (3) major forms of license shall be issued with the two (2) higher licenses carrying certification for one (1) or more of the four (4) category(s), as defined within this chapter, for which qualified.
(1) (i) 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.
(ii) Qualification shall be evidenced by passing the examination(s)
for any or all of the categories of telecommunications systems
described herein, {DEL shall have been licensed as a telecommunication
system 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. DEL}
{ADD and applicants who hold an equivalent out of state license,
as determined by this board, issued by another state shall be
allowed to take the Rhode Island form TSC license examination.
Applicants for TSC license who hold no equivalent form of TSC
license issued in another state and show evidence of three (3)
years of verifiable and continuous contracting experience, immediately
preceding the date of application and are registered to conduct
business in the state of Rhode Island, will be allowed to take
the Rhode Island form of TSC examination. Applicants who do not
meet these qualifications shall have been licensed as a Rhode
Island Telecommunication Systems Technician for a minimum of three
(3) consecutive years, immediately preceding the date of application,
in order to qualify to take the TSC examination, and shall have
been registered to conduct business in the state of Rhode Island. ADD}
(iii) 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 form of license.
(2) (i) 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.
(ii) 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.
(3) (i) 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.
(ii) The holding of a TSLI license shall entitle the holder to perform the actual work of installation of wiring, low voltage surface raceway, enclosures, and wiring devices directly 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.
(4)(i) Trainee/telecommunications apprentice.. - Registered trainees/telecommunications apprentices may be employed to perform the actual work of installation of wiring, low voltage surface raceway, enclosures, and wiring devices directly associated with a telecommunications system under the direct supervision of a holder of a TST or TSC license.
(ii) Trainees/telecommunication apprentices 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.
(iii) The registered trainee/telecommunication apprentice shall not be permitted to make connection to, install or service telecommunications devices. No more than two (2) registered trainees/telecommunication apprentices can be directly supervised by a single TSC or TST license holder.
5-70-7. Persons and work exempt. -- The provisions of this chapter shall not apply to:
(1) The work and equipment employed in connection with the operation of signals, or the transmission of intelligence, {ADD and performed by an employee of said municipality or public utility ADD} 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.
(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 such CATV system while performing such work.
(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. {ADD This exemption does not extend to include work pursuant to this chapter. ADD}
(5) This chapter shall not forbid the installation of telecommunications
systems in a {ADD single familyADD} residential {DELdwelling DEL}
{ADD building on the immediate premises thereof by the owner thereof if living on, or about to live on, the premises.ADD}
(6) This chapter shall exempt and have no application to any holder of an electrical contractor's license, certificate A or the holder of an electrician's journeyman'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 working under the direct supervision of a holder of an electrician journeyman license, Class B. Work performed pursuant to this chapter shall have been designed in accordance with the provisions of this chapter or a manufacturer's design and specification installation instruction.
(7) 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 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. Such an organization shall be referred to as a "self-provider" for purposes of this chapter.
(ii) 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 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 such services are not exempt from this chapter and must hold the appropriate license under this chapter.
(9) This chapter shall 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 such work shall be 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.
{ADD (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). ADD}
5-70-13. {DEL Licensing of telecommunications
systems contractors (TSC), telecommunications systems technicians
(TST), and telecommunications systems limited installers (TSLI)
without examination. DEL} {ADD --Grandfathering --
Licensing of telecommunications systems contractors (TSC), telecommunications
systems technicians (TST), and telecommunications systems limited
installers (TSLI) without examination. -- ADD} (a) At any time
prior to the expiration of six (6) months following the date of
passage of this act [July 8, 1997], the authority shall, without
examination, upon payment of the fees herein required issue through
the department of labor and training, division of professional
regulation a license "TSC", "TST", or "TSLI"
to any applicant who shall present satisfactory evidence that
he or she 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 the date of passage of this act [July 8, 1997]. 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 {ADD TSC, ADD} TST or TSLI under this section who is prevented from making application by reason of service in the armed forces of the United States during the six (6) month period following the date of passage of this act [July 8, 1997] 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 through the department of labor and training, division of professional regulation, 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 section 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.
SECTION 2. This act shall take effect upon passage.
