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House Journal: Page 1313: Thursday, April 6, 1995

 3   possesses the technical, financial, and managerial
 4   ability to provide the service it proposes to render
 5   and the board finds the service is consistent with the
 6   public interest.  The board shall make a
determination
 7   within ninety days of the submission by the applicant
 8   of evidence of its technical, financial, and
 9   managerial ability, unless the board determines that
10   additional time is necessary to consider the
11   application, in which case the board may extend the
12   time for making a determination for an additional
13   sixty days.  The board may establish reasonable
14   conditions or restrictions on the certificate at the
15   time of issuance.
16     Sec. 5.  NEW SECTION.  476.30  FINDINGS --
17   STATEMENT OF POLICY.
18     The general assembly finds all of the following:
19     1.  Communications services should be available
20   throughout the state at just, reasonable, and
21   affordable rates from a variety of providers.
22     2.  In rendering decisions with respect to
23   regulation of telecommunications companies, the board
24   shall consider the effects of its decisions on
25   competition in telecommunications markets and, to the
26   extent reasonable and lawful, shall act to further the
27   development of competition in those markets.
28     2A.  In order to encourage competition for all
29   telecommunications services, the board should address
30   issues relating to the movement of prices toward cost
31   and the removal of subsidies in the existing price
32   structure of the incumbent local exchange carrier.
33     3.  Regulatory flexibility is appropriate when
34   competition provides customers with competitive
35   choices in the variety, quality, and pricing of
36   communications services, and when consistent with
37   consumer protection and other relevant public
38   interests.
39     4.  The board should respond with speed and
40   flexibility to changes in the communications industry.
41     5.  Economic development can be fostered by the
42   existence of advanced communications networks.
43     Sec. 6.  NEW SECTION.  476.30A  DEFINITIONS.
44     As used in section 476.30, this section, and
45   sections 476.30B through 476.30E, unless the context
46   otherwise requires:
47     1.  "Basic communications service" includes at a
48   minimum, basic local telephone service, switched
49   access, 911 and E-911 services, and dual party relay
50   service.  The board is authorized to classify by rule

Page   4

 1   other two-way switched voice communications services
 2   as basic communications services consistent with
 3   community expectations and the public interest.
 4     2.  "Basic local telephone service" means the
 5   provision of dial tone access and usage, for the
 6   transmission of two-way switched communications within

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