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House Journal: Page 1329: Thursday, April 6, 1995

Page 3

 1     g.  The board may review a local exchange carrier's
 2   operation under this subsection, with notice and an
 3   opportunity for hearing, after four years of the
 4   carrier's election to be price-regulated.  The local
 5   exchange carrier, consumer advocate, or any person may
 6   propose, and the board may approve, any reasonable
 7   modifications to the price-regulation requirements in
 8   this subsection as a result of the specific carrier
 9   review, except that such modifications shall not
10   require a reduction in the rates for any basic
11   communications service or a return to rate-base, rate-
12   of-return regulation."
Amendment H-3781 was adopted.
Brand of Benton asked and received unanimous consent to withdraw
amendment H-3791, to amendment H-3610, filed by him from the
floor.
Holveck of Polk offered the following amendment H-3792, to
amendment H-3610, filed by him from the floor and moved its
adoption:
H-3792
 1     Amend the amendment, H-3610, to House File 518 as
 2   follows:
 3     1.  Page 9, by inserting after line 7 the
 4   following:
 5     "Sec. ___.  NEW SECTION.  476.30__  EARNINGS
 6   CALCULATION AND REPORT.
 7     1.  The consumer advocate shall calculate an
 8   estimate of the return of a local exchange carrier
 9   operating under a plan of price regulation pursuant to
10   section 476.30B as if the carrier were subject to
11   rate-of-return regulation.  The calculation shall be
12   based upon the annual report of such carrier and other
13   information provided to the consumer advocate by the
14   carrier.  The calculation shall be made every two
15   years beginning following the end of the second
16   calendar year after the year in which the plan becomes
17   effective.  The consumer advocate shall provide a
18   written report to the general assembly including the
19   results of this calculation on or before July 1 of the
20   year immediately following the two-year period for
21   which a calculation is made.  If, after a review of
22   the information used to make the calculation required
23   in this section, the consumer advocate determines that
24   the public interest would be better served by a
25   different form of rate regulation, the consumer
26   advocate shall provide a recommendation that the
27   general assembly direct the utilities board to

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