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House Journal: Page 1320: Thursday, April 6, 1995

13   of service, civil penalties, and complaints.  If,
14   after notice and opportunity for hearing, the board
15   determines that a competitive local exchange service
16   provider possesses market power in its local exchange
17   market or markets, the board may apply such other
18   provisions of chapter 476 to a competitive local
19   exchange service provider as it deems appropriate.
20     2.  The duty of a local exchange carrier includes
21   the duty, in accordance with requirements prescribed
22   by the board pursuant to subsection 3 and other laws,
23   to provide equal access to, and interconnection with,
24   its facilities so that its network is fully
25   interoperable with the telecommunications services and
26   information services of other providers, and to offer
27   unbundled essential facilities.
28     3.  A local exchange carrier shall provide
29   reasonable access to ducts, conduits, rights-of-way,
30   and other pathways owned or controlled by the local
31   exchange carrier to which reasonable access is
32   necessary to a competitive local exchange service
33   provider in order for a competitive local exchange
34   service provider to provide service and is feasible
35   for the local exchange carrier.
36     Upon application of a local exchange carrier or a
37   competitive local exchange service provider, the board
38   shall determine any matters concerning reasonable
39   access to ducts, conduits, rights-of-way, and other
40   pathways owned or controlled by the local exchange
41   carrier upon which agreement cannot be reached,
42   including but not limited to, matters regarding
43   valuation, space, and capacity restraints, and
44   compensation for access.
45     4.  a.  Prior to September 1, 1995, the board shall
46   initiate a rule-making proceeding to adopt rules that
47   satisfy the requirements enumerated in subparagraphs
48   (1) through (4).  The rule-making proceeding shall be
49   completed as promptly as possible.  The board, upon
50   petition or on its own motion, may conduct a separate

Page  11

 1   evidentiary hearing on the same or related subjects.
 2   The evidence from a hearing may be considered by the
 3   board during the rule-making proceeding, provided that
 4   the board announces its intention to do so prior to
 5   the oral presentation in the rule-making proceeding.
 6   The rules shall do the following:
 7     (1)  Require a local exchange carrier to provide
 8   unbundled essential facilities of its network, and
 9   allow reasonable and nondiscriminatory equal access
10   to, use of, and interconnection with, those unbundled
11   essential facilities on reasonable, cost-based, and
12   tariffed terms and conditions.  The board's rules must
13   require a local exchange carrier, including those

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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URL: /DOCS/GA/76GA/Session.1/HJournal/01300/01320.html
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