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Senate File 2380

Partial Bill History

Bill Text

PAG LIN
  1  1                                          SENATE FILE 2380
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE ELECTION OF A LOCAL EXCHANGE CARRIER TO 
  1  5    BE PRICE-REGULATED.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9    Section 1.  Section 476.97, subsection 2, Code 1997, is
  1 10 amended to read as follows:
  1 11    2.  The board, after notice and opportunity for hearing,
  1 12 may approve, modify, or reject the plan.  The board shall
  1 13 approve, modify, or reject the plan by no later than ninety
  1 14 days after the date the plan is filed.  The local exchange
  1 15 carrier shall have ten days to accept or reject any board
  1 16 modifications to its plan.  If the local exchange carrier
  1 17 rejects a modification to its plan, the board shall reject the
  1 18 plan without prejudice to the local exchange carrier to submit
  1 19 another plan.
  1 20    Sec. 2.  Section 476.97, subsection 3, paragraph a,
  1 21 subparagraphs (1), (3), and (4), Code 1997, are amended to
  1 22 read as follows:
  1 23    (1)  Establishing and changing prices, terms, and
  1 24 conditions for basic communications services.  The initial
  1 25 plan for price regulation must include a proposal, which the
  1 26 board shall approve, for reducing the local exchange carrier's
  1 27 average intrastate access service rates to the local exchange
  1 28 carrier's average interstate access service rates in effect as
  1 29 of the last day of the calendar year immediately preceding the
  1 30 date of filing of the plan, as follows:
  1 31    (a)  A local exchange carrier with five hundred thousand or
  1 32 more access lines in this state shall reduce its average
  1 33 intrastate access service rates by at least fifty one hundred
  1 34 percent of the difference between average intrastate access
  1 35 service rates and average interstate access service rates as
  2  1 of the date that the plan is filed and further reduce such
  2  2 rates to the average interstate access service rates within
  2  3 ninety days of the date that the plan becomes effective.
  2  4    (b)  A local exchange carrier with fewer than five hundred
  2  5 thousand but seventy-five thousand or more access lines in
  2  6 this state shall reduce its average intrastate access service
  2  7 rates to its average interstate access service rates in
  2  8 increments of at least twenty-five percent, with the initial
  2  9 reduction to take effect on approval of the plan and equal
  2 10 annual reductions on each anniversary of the approval during
  2 11 the first three years that its plan is in effect.
  2 12    (c)  A local exchange carrier with fewer than seventy-five
  2 13 thousand access lines in this state shall reduce its average
  2 14 intrastate access service rates to its average interstate
  2 15 access service rates with equal annual reductions during a
  2 16 period beginning no more than two years and ending no more
  2 17 than five years from the plan's inception.
  2 18    (3)  The plan shall also provide that the initial prices
  2 19 for basic communications services shall be six three percent
  2 20 less than the rates approved and in effect at the time the
  2 21 local exchange carrier files its plan.  A local exchange
  2 22 carrier which elects to reduce its rates by six three percent
  2 23 shall not, at a later time, increase its rates for basic
  2 24 communications services as a result of the carrier's
  2 25 compliance with the board's rules relating to unbundling.  In
  2 26 lieu of the six three percent reduction, and prior to the
  2 27 adoption of rules relating to unbundling pursuant to section
  2 28 476.101, subsection 4, paragraph "a", subparagraph (1), the
  2 29 local exchange carrier may request and the board may establish
  2 30 a regulated revenue requirement in a rate proceeding under
  2 31 section 476.3 or 476.6 commenced after July 1, 1995.  After
  2 32 the determination of the local exchange carrier's regulated
  2 33 revenue requirement pursuant to the rate proceeding, the local
  2 34 exchange carrier shall not immediately implement rates
  2 35 designed to recover that regulated revenue requirement.
  3  1 Following the adoption of rules relating to unbundling
  3  2 pursuant to section 476.101, subsection 4, paragraph "a",
  3  3 subparagraph (1), the local exchange carrier shall commence a
  3  4 tariff proceeding for the approval of tariffs implementing
  3  5 such unbundling.  The board has six months to complete this
  3  6 tariff proceeding and determine the local exchange carrier's
  3  7 final unbundled rates.  The local exchange carrier shall carry
  3  8 forward the regulated revenue requirement determined by the
  3  9 board pursuant to the rate proceeding and design rates that
  3 10 comply with the board's rules relating to unbundling that
  3 11 recover the regulated revenue requirement, and that implement
  3 12 the board's approved rate design established in the tariff
  3 13 proceeding.
  3 14    In lieu of taking the six three percent reduction, a local
  3 15 exchange carrier that submits a plan for price regulation
  3 16 after the board adopts rules relating to unbundling may file a
  3 17 rate proceeding under section 476.3 or 476.6 and the board may
  3 18 approve rates designed to comply with those rules which allow
  3 19 the carrier to recover the established regulated revenue
  3 20 requirement and that implement the board's approved rate
  3 21 design established in the tariff proceeding.
  3 22    (4)  The plan shall provide for both increases and
  3 23 decreases in the prices for basic communications services
  3 24 reflecting annual changes in inflation and productivity.
  3 25 Prior to January 1, 1998 2000, the board shall use the gross
  3 26 domestic product price index, as published by the federal
  3 27 government, for an inflation measure, and two and six-tenths
  3 28 percentage points for a productivity measure.  After On or
  3 29 after January 1, 1998 2000, the board by rule may adopt
  3 30 current measures of inflation and productivity.
  3 31    Sec. 3.  Section 476.97, subsection 3, paragraph a, Code
  3 32 1997, is amended by adding the following new subparagraph:
  3 33    NEW SUBPARAGRAPH.  (1A)  The board, during the term of the
  3 34 plan for a local exchange carrier with five hundred thousand
  3 35 or more access lines in this state, may consider further
  4  1 reductions toward economic costs in the local exchange
  4  2 carrier's average intrastate access service rates.  The board
  4  3 may consider offsetting such reductions by an explicit subsidy
  4  4 replacement to the extent that such offsets are competitively
  4  5 neutral.  In determining economic costs of access service the
  4  6 board shall consider all relevant costs of the service
  4  7 including shared and common costs of the local exchange
  4  8 carrier.
  4  9    Sec. 4.  Section 476.98, Code 1997, is amended to read as
  4 10 follows:
  4 11    476.98  EARNINGS CALCULATION AND REPORT.
  4 12    The consumer advocate shall calculate an estimate of the
  4 13 return of a local exchange carrier operating under price
  4 14 regulation pursuant to section 476.97 as if the carrier were
  4 15 subject to rate-of-return regulation.  The calculation shall
  4 16 be based upon the annual report of such carrier and other
  4 17 information provided to the consumer advocate by the carrier.
  4 18 The calculation shall be made every two years beginning
  4 19 following the end of the second calendar year after the year
  4 20 in which the plan becomes effective.  Notwithstanding section
  4 21 476.1D, subsection 4, the consumer advocate shall make two
  4 22 calculations pursuant to this section with one calculation
  4 23 taking into account the investment, revenues, and expenses
  4 24 associated with the sale of classified directory advertising,
  4 25 and one calculation not taking into account such investment,
  4 26 revenues, and expenses.  The consumer advocate shall provide a
  4 27 written report to the general assembly including the results
  4 28 of this calculation on or before July 1 of the year
  4 29 immediately following the two-year period for which a
  4 30 calculation is made.  If, after a review of the information
  4 31 used to make the calculation required in this section, the
  4 32 consumer advocate determines that the public interest would be
  4 33 better served by a different form of rate regulation, the
  4 34 consumer advocate shall provide a recommendation that the
  4 35 general assembly direct the utilities board to implement a
  5  1 different form of rate regulation.
  5  2    Sec. 5.  Section 476.101, Code 1997, is amended by adding
  5  3 the following new subsection:
  5  4    NEW SUBSECTION.  9.  A telecommunications carrier, as
  5  5 defined in the federal Telecommunications Act of 1996, shall
  5  6 not do any of the following:
  5  7    a.  Use customer information in a manner which is not in
  5  8 compliance with 47 U.S.C. } 222.
  5  9    b.  Disparage the services offered by another
  5 10 telecommunications carrier through false or misleading
  5 11 statements.
  5 12    c.  Take any action that disadvantages a customer who has
  5 13 chosen to receive services from another telecommunications
  5 14 carrier.  
  5 15 
  5 16 
  5 17                                                             
  5 18                               MARY E. KRAMER
  5 19                               President of the Senate
  5 20 
  5 21 
  5 22                                                             
  5 23                               RON J. CORBETT
  5 24                               Speaker of the House
  5 25 
  5 26    I hereby certify that this bill originated in the Senate and
  5 27 is known as Senate File 2380, Seventy-seventh General Assembly.
  5 28 
  5 29 
  5 30                                                             
  5 31                               MARY PAT GUNDERSON
  5 32                               Secretary of the Senate
  5 33 Approved                , 1998
  5 34 
  5 35 
  6  1                         
  6  2 TERRY E. BRANSTAD
  6  3 Governor
     

Text: SF02379                           Text: SF02381
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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