Text: SF00359 Text: SF00361 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 476.1B, subsection 1, unnumbered
1 2 paragraph 1, Code 1997, is amended to read as follows:
1 3 Unless otherwise specifically provided by statute, a
1 4 municipally owned utility furnishing gas or electricity is not
1 5 subject to regulation by the board under this chapter, except
1 6 for regulatory action pertaining to:
1 7 Sec. 2. Section 476.1B, Code 1997, is amended by adding
1 8 the following new subsection:
1 9 NEW SUBSECTION. 3. Unless otherwise specifically provided
1 10 by statute, a municipally owned utility providing local
1 11 exchange services is not subject to regulation by the board
1 12 under this chapter except for regulatory action pertaining to
1 13 the enforcement of sections 476.11, 476.29, 476.95, 476.96,
1 14 476.101, and 476.102.
1 15 Sec. 3. Section 476.29, Code 1997, is amended by adding
1 16 the following new subsection:
1 17 NEW SUBSECTION. 16. Notwithstanding other provisions of
1 18 this section, approval by the voters of a city pursuant to
1 19 section 388.2 of a proposal to establish or acquire a public
1 20 utility providing communications services is conclusive
1 21 evidence of the fact that the city has the technical,
1 22 financial, and managerial ability to provide such service.
1 23 Following the notice and opportunity for hearing in subsection
1 24 2, an applicant shall not be denied a certificate if the board
1 25 finds the proposed service is consistent with the public
1 26 interest.
1 27 Sec. 4. Section 476.96, subsection 3, Code 1997, is
1 28 amended to read as follows:
1 29 3. "Competitive local exchange service provider" means any
1 30 person, including a municipal utility, that provides local
1 31 exchange services, other than a local exchange carrier or a
1 32 nonrate-regulated wireline provider of local exchange services
1 33 under an authorized certificate of public convenience and
1 34 necessity within a specific geographic area described in maps
1 35 filed with and approved by the board as of September 30, 1992.
2 1 Sec. 5. APPLICABILITY. A city that has made application
2 2 to the board for issuance of a certificate of public
2 3 convenience and necessity prior to the effective date of this
2 4 Act shall not be deemed to be in violation of this Act for
2 5 failure to comply with the provisions of chapter 476. The
2 6 original application for a certificate shall be deemed refiled
2 7 as of the effective date of the Act for purposes of issuance
2 8 of the certificate in accordance with this Act.
2 9 Sec. 6. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
2 10 This Act, being deemed of immediate importance, takes effect
2 11 upon enactment and is retroactively applicable to October 18,
2 12 1994.
2 13 EXPLANATION
2 14 This bill authorizes the utilities board to grant
2 15 certificates of public convenience and necessity to municipal
2 16 utilities providing telecommunications services. Approval by
2 17 the voters of a city to establish or acquire a public utility
2 18 providing communications services is conclusive evidence of
2 19 the fact that the city as the technical, financial, and
2 20 managerial ability to provide the service. The city is not to
2 21 be denied a certificate if the board finds that the proposed
2 22 service is consistent with the public interest. The bill
2 23 includes a municipal utility under the definition of a
2 24 competitive local exchange service provider. The bill
2 25 subjects a municipal utility providing telecommunications to
2 26 the Code provisions relating to competitive local exchange
2 27 service providers. The bill provides that the Act takes
2 28 effect upon enactment and is retroactively applicable to
2 29 October 18, 1994.
2 30 LSB 1997SV 77
2 31 mj/jw/5
Text: SF00359 Text: SF00361 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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