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Senate File 429

Partial Bill History

Bill Text

PAG LIN
  1  1                                            SENATE FILE 429
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO PRICE REGULATION FOR LOCAL EXCHANGE CARRIERS,
  1  5    INCLUDING THE MODIFICATION OR ADJUSTMENT OF CERTAIN RATES,
  1  6    MAKING AN APPROPRIATION, AND PROVIDING AN EFFECTIVE DATE.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 476.97, subsection 11, paragraph e,
  1 11 subparagraph (1), Code 2001, is amended by striking the
  1 12 subparagraph and inserting in lieu thereof the following:
  1 13    (1)  A price-regulated local exchange carrier shall not
  1 14 increase its rates for basic communications services, for a
  1 15 period of twelve months after electing to become price
  1 16 regulated.  To the extent necessary, rates for basic services
  1 17 may be increased to carry out the purpose of any rules that
  1 18 may be adopted by the board relating to the terms and
  1 19 conditions of unbundled services and interconnection.  A
  1 20 price-regulated local exchange carrier may increase its rates
  1 21 for basic communications services following the initial
  1 22 twelve-month period, to the extent that the change in its
  1 23 aggregate revenue weighted prices does not exceed the most
  1 24 recent annual change in the gross domestic product price
  1 25 index, as published by the federal government.  If application
  1 26 of that formula achieves a negative result, prices shall be
  1 27 reduced so that the cumulative price change for basic
  1 28 services, including prior price reductions in these services,
  1 29 achieves the negative result.  The board by rule may adopt
  1 30 different measures of inflation if they are found to be more
  1 31 reflective of the individual price-regulated carriers.
  1 32    Sec. 2.  Section 476.97, subsection 11, paragraph g,
  1 33 subparagraph (4), Code 2001, is amended by striking the
  1 34 subparagraph and inserting in lieu thereof the following:
  1 35    (4)  Rates may be adjusted by the board to reflect any
  2  1 changes in revenues, expenses, and investment due to exogenous
  2  2 factors beyond the control of the local exchange carrier,
  2  3 including, but not limited to, the effects of local
  2  4 competition.  The board shall have ninety days to consider
  2  5 rate changes proposed under this subparagraph, but for good
  2  6 cause may grant one or more extensions in thirty-day
  2  7 increments, not to exceed a total of one hundred eighty days.
  2  8    Sec. 3.  Section 476.97, subsection 11, paragraph h, Code
  2  9 2001, is amended to read as follows:
  2 10    h.  The board may review a local exchange carrier's
  2 11 operation under this subsection, with notice and an
  2 12 opportunity for hearing, after four years of the carrier's
  2 13 election to be price-regulated.  The local exchange carrier,
  2 14 consumer advocate, or any person may propose, and the board
  2 15 may approve, any reasonable modifications to the price-
  2 16 regulation requirements in this subsection as a result of the
  2 17 specific carrier review, except that such with the following
  2 18 limitations:
  2 19    (1)  Such modifications shall not require a reduction in
  2 20 the rates for any basic communications service or a return to
  2 21 rate-base, rate-of-return regulation.
  2 22    (2)  Such proposals for modifications under this paragraph
  2 23 "h" are limited to no more than one every three years.
  2 24    The board shall approve, or approve subject to
  2 25 modification, a proposal for modification within one hundred
  2 26 eighty days of filing, but for good cause may grant one
  2 27 extension of sixty days, not to exceed a total of two hundred
  2 28 forty days.  Reasonable modifications may include increases
  2 29 without offsetting decreases in any rate for basic and
  2 30 nonbasic communications service of the carrier.  In reviewing
  2 31 the carrier's proposal, the board shall consider, but not be
  2 32 limited to, potential rate consolidations, the impact of
  2 33 competition or other external factors since election of price
  2 34 regulation, the impact of the proposal on the carrier's
  2 35 ability to attract capital, and the impact of the proposal on
  3  1 the ability of the carrier to deploy advanced
  3  2 telecommunications services.
  3  3    Sec. 4.  Section 476.97, subsection 11, Code 2001, is
  3  4 amended by adding the following new paragraphs:
  3  5    NEW PARAGRAPH.  j.  Upon the request of a local exchange
  3  6 carrier, the board shall, when required by this subsection,
  3  7 grant the carrier temporary authority to place in effect
  3  8 seventy-five percent, or such lesser amount as the carrier may
  3  9 request, of the requested increases in rates, charges,
  3 10 schedules, or regulations by filing with the board a bond
  3 11 conditioned upon the refund in a manner to be prescribed by
  3 12 the board of any amounts collected from any customer class in
  3 13 excess of the amounts which would have been collected under
  3 14 rates, charges, schedules, or regulations finally approved by
  3 15 the board.  The board shall approve a request for temporary
  3 16 authority within thirty days after the date of filing of the
  3 17 request.  The decision shall be effective immediately.
  3 18    The board shall determine the rate of interest to be paid
  3 19 by a public utility to persons receiving refunds.  The
  3 20 interest rate to be applied to refunds of moneys collected
  3 21 subject to refund under this subsection is one percent per
  3 22 annum plus the average quarterly interest rate at commercial
  3 23 banks for twenty-four-month loans for personal expenditures,
  3 24 as determined by the board, compounded annually.  The board
  3 25 shall consider federal reserve statistical release G.19 or its
  3 26 equivalent when determining interest to be paid under this
  3 27 subsection.
  3 28    NEW PARAGRAPH.  k.  The board and the consumer advocate may
  3 29 employ additional temporary staff, or may contract for
  3 30 professional services with persons who are not state
  3 31 employees, as the board and consumer advocate deem necessary
  3 32 to review a local exchange carrier's operations, proposal for
  3 33 modifications, rate change proposal, or proposed changes in
  3 34 aggregate revenue weighted prices pursuant to this subsection.
  3 35 Beginning July 1, 2002, there is appropriated out of any funds
  4  1 in the state treasury not otherwise appropriated, such sums as
  4  2 may be necessary to enable the board to hire additional staff
  4  3 and contract for services under this subsection.  The costs of
  4  4 the additional staff and services shall be assessed to the
  4  5 local exchange carrier pursuant to the procedures in sections
  4  6 475A.6 and 476.10.
  4  7    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  4  8 immediate importance, takes effect upon enactment.  
  4  9 
  4 10 
  4 11                                                             
  4 12                               MARY E. KRAMER
  4 13                               President of the Senate
  4 14 
  4 15 
  4 16                                                             
  4 17                               BRENT SIEGRIST
  4 18                               Speaker of the House
  4 19 
  4 20    I hereby certify that this bill originated in the Senate and
  4 21 is known as Senate File 429, Seventy-ninth General Assembly.
  4 22 
  4 23 
  4 24                                                             
  4 25                               MICHAEL E. MARSHALL
  4 26                               Secretary of the Senate
  4 27 Approved                , 2002
  4 28 
  4 29 
  4 30                                
  4 31 THOMAS J. VILSACK
  4 32 Governor
     

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