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House Journal: Page 2131: Monday, May 1, 1995

5   subject to rate-of-return regulation while operating
 6   under price regulation.
 7     (2)  All regulated services shall be provided
 8   pursuant to board-approved tariffs.
 9     (3)  All new regulated service offerings shall be
10   reported to the board.
11     (4)  Rates may be adjusted by the board to reflect
12   any changes in revenues, expenses, and investment due
13   to exogenous factors beyond the control of the local
14   exchange carrier."
15     5.  Page 14, by inserting after line 26 the
16   following:
17     "   .  This subsection shall not be construed to
18   prohibit an additional decrease or to permit any
19   increase in a local exchange carrier's average
20   intrastate access service rates during the term of the
21   local exchange carrier's operation under price
22   regulation."
23     6.  Page 14, lines 30 and 31, by striking the
24   words "a plan of".
25     7.  Page 15, by striking lines 15 through 17 and
26   inserting the following:
27     "In addition to the provisions required in section
28   476.30B, a local exchange carrier, prior to operating
29   under price regulation, shall make provision for the
30   following:"
31     8.  By striking page 15, line 35, through page 16,
32   line 5, and inserting the following:  "affiliates.  A
33   local telecommunications facility, feature, function,
34   or capability of the local exchange carrier's network
35   is an essential facility if all of the following
36   apply:
37     a.  Competitors cannot practically or economically
38   duplicate the facility, feature, function, or
39   capability, or obtain the facility, feature, function,
40   or capability from another source.
41     b.  The use of the facility, feature, function, or
42   capability by potential competitors is technically and
43   economically feasible.
44     c.  Denial of the use of the facility, feature,
45   function, or capability by competitors is
46   unreasonable.
47     d.  The facility, feature, function, or capability
48   will enable competition."
49     9.  By striking page 18, line 29, through page 19,
50   line 19, and inserting the following:  "providers."

Page 3

 1     10.  Renumber and relettering as necessary.
Brand of Benton offered amendment H-4179, to the Senate
amendment H-4176, filed by him from the floor as follows:

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