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House Amendment 4176

Amendment Text

PAG LIN
  1  1    Amend House File 518, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by inserting before line 1 the
  1  4 following:
  1  5    "Section 1.  Section 476.1D, Code 1995, is amended
  1  6 by adding the following new subsection:
  1  7    NEW SUBSECTION.  10.  The board, at the request of
  1  8 a long distance telephone company, shall classify such
  1  9 company as a competitive long distance telephone
  1 10 company if more than half of the company's revenues
  1 11 from its Iowa intrastate telecommunications services
  1 12 and facilities are received from services and
  1 13 facilities that the board has determined to be subject
  1 14 to effective competition.  The board shall promptly
  1 15 notify the director of revenue and finance that a long
  1 16 distance telephone company has been classified as a
  1 17 competitive long distance telephone company.  Upon
  1 18 such notification by the board, the director of
  1 19 revenue and finance shall assess the property of such
  1 20 competitive long distance telephone company, which
  1 21 property is first assessed for taxation in this state
  1 22 on or after January 1, 1996, in the same manner as all
  1 23 other property assessed as commercial property by the
  1 24 local assessor under chapters 427, 427A, 427B, 428,
  1 25 and 441.  As used in this section, "long distance
  1 26 telephone company" means an entity that provides
  1 27 telephone service and facilities between local
  1 28 exchanges, but does not include a cellular service
  1 29 provider or a local exchange utility holding a
  1 30 certificate issued under section 476.29, subsection
  1 31 12."
  1 32    #2.  Page 7, by striking lines 30 through 32 and
  1 33 inserting the following:  "intrastate access service
  1 34 rates by at least fifty percent of the difference
  1 35 between average intrastate access service rates and
  1 36 average interstate access service rates as of the date
  1 37 that the plan is filed and further reduce such rates
  1 38 to the average interstate access service rates within
  1 39 ninety days of the date that the plan becomes
  1 40 effective."
  1 41    #3.  Page 12, line 6, by inserting after the word
  1 42 "subsection." the following:  "A local exchange
  1 43 carrier which elects to become price regulated under
  1 44 this subsection shall also be subject to subsections 5
  1 45 through 8 and subsection 10 in the same manner as a
  1 46 local exchange carrier which operates under an
  1 47 approved plan of price regulation submitted pursuant
  1 48 to subsection 1."
  1 49    #4.  Page 14, by inserting after line 15 the
  1 50 following:
  2  1    "   .  A local exchange carrier which elects to
  2  2 become price regulated under this subsection shall
  2  3 also be subject to the following:
  2  4    (1)  The local exchange carrier shall not be
  2  5 subject to rate-of-return regulation while operating
  2  6 under price regulation.
  2  7    (2)  All regulated services shall be provided
  2  8 pursuant to board-approved tariffs.
  2  9    (3)  All new regulated service offerings shall be
  2 10 reported to the board.
  2 11    (4)  Rates may be adjusted by the board to reflect
  2 12 any changes in revenues, expenses, and investment due
  2 13 to exogenous factors beyond the control of the local
  2 14 exchange carrier."
  2 15    #5.  Page 14, by inserting after line 26 the
  2 16 following:
  2 17    "   .  This subsection shall not be construed to
  2 18 prohibit an additional decrease or to permit any
  2 19 increase in a local exchange carrier's average
  2 20 intrastate access service rates during the term of the
  2 21 local exchange carrier's operation under price
  2 22 regulation."
  2 23    #6.  Page 14, lines 30 and 31, by striking the
  2 24 words "a plan of".
  2 25    #7.  Page 15, by striking lines 15 through 17 and
  2 26 inserting the following:
  2 27    "In addition to the provisions required in section
  2 28 476.30B, a local exchange carrier, prior to operating
  2 29 under price regulation, shall make provision for the
  2 30 following:"
  2 31    #8.  By striking page 15, line 35, through page 16,
  2 32 line 5, and inserting the following:  "affiliates.  A
  2 33 local telecommunications facility, feature, function,
  2 34 or capability of the local exchange carrier's network
  2 35 is an essential facility if all of the following
  2 36 apply:
  2 37    a.  Competitors cannot practically or economically
  2 38 duplicate the facility, feature, function, or
  2 39 capability, or obtain the facility, feature, function,
  2 40 or capability from another source.
  2 41    b.  The use of the facility, feature, function, or
  2 42 capability by potential competitors is technically and
  2 43 economically feasible.
  2 44    c.  Denial of the use of the facility, feature,
  2 45 function, or capability by competitors is
  2 46 unreasonable.
  2 47    d.  The facility, feature, function, or capability
  2 48 will enable competition."
  2 49    #9.  By striking page 18, line 29, through page 19,
  2 50 line 19, and inserting the following:  "providers."
  3  1    #10.  Renumber and relettering as necessary.  
  3  2 HF 518S
  3  3 mj/cc/26
     

Text: H04175                            Text: H04177
Text: H04100 - H04199                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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