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House Amendment 8210

Amendment Text

PAG LIN
  1  1    Amend Senate File 429, as amended, passed, and
  1  2 reprinted by the Senate, as follows:
  1  3    #1.  By striking everything after the enacting
  1  4 clause and inserting the following:
  1  5    "Section 1.  Section 476.97, subsection 11,
  1  6 paragraph e, subparagraph (1), Code 2001, is amended
  1  7 by striking the subparagraph and inserting in lieu
  1  8 thereof the following:
  1  9    (1)  A price-regulated local exchange carrier shall
  1 10 not increase its rates for basic communications
  1 11 services, for a period of twelve months after electing
  1 12 to become price regulated.  To the extent necessary,
  1 13 rates for basic services may be increased to carry out
  1 14 the purpose of any rules that may be adopted by the
  1 15 board relating to the terms and conditions of
  1 16 unbundled services and interconnection.  A price-
  1 17 regulated local exchange carrier may increase its
  1 18 rates for basic communications services following the
  1 19 initial twelve-month period, to the extent that the
  1 20 change in its aggregate revenue weighted prices does
  1 21 not exceed the most recent annual change in the gross
  1 22 domestic produce price index, as published by the
  1 23 federal government.  If application of that formula
  1 24 achieves a negative result, prices shall be reduced so
  1 25 that the cumulative price change for basic services,
  1 26 including prior price reductions in these services,
  1 27 achieves the negative result.  The board by rule may
  1 28 adopt different measures of inflation if they are
  1 29 found to be more reflective of the individual price-
  1 30 regulated carriers.
  1 31    Sec. 2.  Section 476.97, subsection 11, paragraph
  1 32 g, subparagraph (4), Code 2001, is amended by striking
  1 33 the subparagraph and inserting in lieu thereof the
  1 34 following:
  1 35    (4)  Rates may be adjusted by the board to reflect
  1 36 any changes in revenues, expenses, and investment due
  1 37 to exogenous factors beyond the control of the local
  1 38 exchange carrier, including, but not limited to, the
  1 39 effects of local competition.  The board shall have
  1 40 ninety days to consider rate changes proposed under
  1 41 this subparagraph, but for good cause may grant one or
  1 42 more extensions in thirty-day increments, not to
  1 43 exceed a total of one hundred eighty days.
  1 44    Sec. 3.  Section 476.97, subsection 11, paragraph
  1 45 h, Code 2001, is amended to read as follows:
  1 46    h.  The board may review a local exchange carrier's
  1 47 operation under this subsection, with notice and an
  1 48 opportunity for hearing, after four years of the
  1 49 carrier's election to be price-regulated.  The local
  1 50 exchange carrier, consumer advocate, or any person may
  2  1 propose, and the board may approve, any reasonable
  2  2 modifications to the price-regulation requirements in
  2  3 this subsection as a result of the specific carrier
  2  4 review, except that such with the following
  2  5 limitations:
  2  6    (1)  Such modifications shall not require a
  2  7 reduction in the rates for any basic communications
  2  8 service or a return to rate-base, rate-of-return
  2  9 regulation.
  2 10    (2)  Such proposals for modifications under this
  2 11 paragraph "h" are limited to no more than one every
  2 12 three years.
  2 13    The board shall approve, or approve subject to
  2 14 modification, a proposal for modification within
  2 15 ninety days of filing, but for good cause may grant
  2 16 one or more extensions in thirty-day increments, not
  2 17 to exceed a total of one hundred eighty days.
  2 18 Reasonable modifications may include increases without
  2 19 offsetting decreases in any rate for basic and
  2 20 nonbasic communications service of the carrier.  In
  2 21 reviewing the carrier's proposal, the board shall
  2 22 consider, but not be limited to, potential rate
  2 23 consolidations, the impact of competition or other
  2 24 external factors since election of price regulation,
  2 25 the impact of the proposal on the carrier's ability to
  2 26 attract capital, and the impact of the proposal on the
  2 27 ability of the carrier to deploy advanced
  2 28 telecommunications services.
  2 29    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  2 30 immediate importance, takes effect upon enactment."
  2 31    #2.  Title page, by striking lines 2 through 4 and
  2 32 inserting the following:  "including the modification
  2 33 or adjustment of certain rates, and providing an
  2 34 effective date." 
  2 35 
  2 36 
  2 37                             
  2 38 COMMITTEE ON COMMERCE AND REGULATION
  2 39 HANSEN of Pottawattamie, Chairperson
  2 40 SF 429.314 79
  2 41 jj/cf

Text: H08209                            Text: H08211
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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