Text: HF00595 Text: HF00597 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 596
1 2
1 3 AN ACT
1 4 AUTHORIZING THE UTILITIES BOARD TO ISSUE CERTIFICATES OF
1 5 PUBLIC CONVENIENCE AND NECESSITY TO MUNICIPAL TELECOM-
1 6 MUNICATIONS UTILITIES, REGULATING CERTAIN MUNICIPAL
1 7 UTILITIES AS COMPETITIVE LOCAL EXCHANGE SERVICE PROVIDERS,
1 8 AND INCLUDING EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
1 9 PROVISIONS.
1 10
1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 12
1 13 Section 1. Section 476.1B, subsection 1, unnumbered
1 14 paragraph 1, Code 1997, is amended to read as follows:
1 15 Unless otherwise specifically provided by statute, a
1 16 municipally owned utility furnishing gas or electricity is not
1 17 subject to regulation by the board under this chapter, except
1 18 for regulatory action pertaining to:
1 19 Sec. 2. Section 476.1B, Code 1997, is amended by adding
1 20 the following new subsection:
1 21 NEW SUBSECTION. 3. Unless otherwise specifically provided
1 22 by statute, a municipally owned utility providing local
1 23 exchange services is not subject to regulation by the board
1 24 under this chapter except for regulatory action pertaining to
1 25 the enforcement of sections 476.11, 476.29, 476.95, 476.96,
1 26 476.101, and 476.102.
1 27 Sec. 3. Section 476.29, Code 1997, is amended by adding
1 28 the following new subsection:
1 29 NEW SUBSECTION. 16. Notwithstanding other provisions of
1 30 this section, approval by the voters of a city pursuant to
1 31 section 388.2 of a proposal to establish or acquire a public
1 32 utility providing communications services is conclusive
1 33 evidence of the fact that the city has the technical,
1 34 financial, and managerial ability to provide such service.
1 35 Following the notice and opportunity for hearing in subsection
2 1 2, an applicant shall not be denied a certificate if the board
2 2 finds the proposed service is consistent with the public
2 3 interest.
2 4 Sec. 4. Section 476.96, subsection 3, Code 1997, is
2 5 amended to read as follows:
2 6 3. "Competitive local exchange service provider" means any
2 7 person, including a municipal utility, that provides local
2 8 exchange services, other than a local exchange carrier or a
2 9 nonrate-regulated wireline provider of local exchange services
2 10 under an authorized certificate of public convenience and
2 11 necessity within a specific geographic area described in maps
2 12 filed with and approved by the board as of September 30, 1992.
2 13 Sec. 5. APPLICABILITY. A city that has made application
2 14 to the board for issuance of a certificate of public
2 15 convenience and necessity prior to the effective date of this
2 16 Act shall not be deemed to be in violation of this Act for
2 17 failure to comply with the provisions of chapter 476. The
2 18 original application for a certificate shall be deemed refiled
2 19 as of the effective date of the Act for purposes of issuance
2 20 of the certificate in accordance with this Act.
2 21 Sec. 6. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
2 22 This Act, being deemed of immediate importance, takes effect
2 23 upon enactment and is retroactively applicable to October 18,
2 24 1994.
2 25
2 26
2 27
2 28 RON J. CORBETT
2 29 Speaker of the House
2 30
2 31
2 32
2 33 MARY E. KRAMER
2 34 President of the Senate
2 35
3 1 I hereby certify that this bill originated in the House and
3 2 is known as House File 596, Seventy-seventh General Assembly.
3 3
3 4
3 5
3 6 ELIZABETH ISAACSON
3 7 Chief Clerk of the House
3 8 Approved , 1997
3 9
3 10
3 11
3 12 TERRY E. BRANSTAD
3 13 Governor
Text: HF00595 Text: HF00597 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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