Text: SSB01168 Text: SSB01170 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 15.301 TECHNOLOGY-ENABLED 1 2 COMMUNITIES. 1 3 The department is directed to work with communities in Iowa 1 4 to develop a survey and scoring system to collect information 1 5 from educational, health care, local government, and business 1 6 entities. Survey results shall be used to certify appropriate 1 7 communities as technology-enabled communities, or "TEC towns". 1 8 The TEC town designation shall be used to recognize those 1 9 communities that have achieved a high level of deployment of 1 10 advanced telecommunications services and public access to and 1 11 that have used advanced telecommunications services in 1 12 delivering government services. The TEC town certification 1 13 entitles the certified community to use any logo or other mark 1 14 of the TEC town program in the community's own marketing and 1 15 promotional efforts. 1 16 Sec. 2. Section 476.1D, subsection 1, Code 2003, is 1 17 amended to read as follows: 1 18 1. Except as provided in this section, the jurisdiction of 1 19 the board as to the regulation of communications services is 1 20 not applicable to a service or facility that is provided or is 1 21 proposed to be provided by a telephone utility that is or 1 22 becomes subject to effective competition, as determined by the 1 23 board. In determining whether a service or facility is or 1 24 becomes subject to effective competition, the board shall 1 25 consider, among other factors, whether a comparable service or 1 26 facility is available from a supplier other than the telephone 1 27 utility in the geographic market being considered by the board 1 28 and whether market forces in that market are sufficient to 1 29 assure just and reasonable rates without regulation. 1 30 Sec. 3. Section 476.6, subsection 1, Code 2003, is amended 1 31 to read as follows: 1 32 1. FILING WITH BOARD. A public utility subject to rate 1 33 regulation shall not make effective a new or changed rate, 1 34 charge, schedule or regulation until the rate, charge, 1 35 schedule, or regulation has been approved by the board, except 2 1 as provided in subsections 11 and 13. 2 2A subscriber of a telephone exchange or service, who is2 3declared to be legally blind under section 422.12, subsection2 41, paragraph "e", is exempt from any charges for telephone2 5directory assistance that may be approved by the board.2 6 Sec. 4. Section 476.6, subsections 2 through 4, Code 2003, 2 7 are amended by striking the subsections. 2 8 Sec. 5. Section 476.51, Code 2003, is amended to read as 2 9 follows: 2 10 476.51 CIVIL PENALTY. 2 11 1. A public utility which, after written notice by the 2 12 board of a specific violation, violates the same provision of 2 13 this chapter, the same rule adopted by the board, or the same 2 14 provision of an order lawfully issued by the board, is subject 2 15 to a civil penalty, which may be levied by the board, of not 2 16 less than one hundred dollars nor more than two thousand five 2 17 hundred dollars per violation. 2 18 2. A public utility which willfully, after written notice 2 19 by the board of a specific violation, violates the same 2 20 provision of this chapter, the same rule adopted by the board, 2 21 or the same provision of an order lawfully issued by the 2 22 board, is subject to a civil penalty, which may be levied by 2 23 the board, of not less than one thousand dollars nor more than 2 24 ten thousand dollars per violation. For the purposes of this 2 25 section, "willful" means knowing and deliberate, with a 2 26 specific intent to violate. 2 27 3. Each violation is a separate offense. In the case of a 2 28 continuing violation, each day a violation continues, after 2 29 the time specified for compliance in the written notice by the 2 30 board, is a separate and distinct offense. Any civil penalty 2 31 may be compromised by the board. In determining the amount of 2 32 the penalty, or the amount agreed upon in a compromise, the 2 33 board may consider the appropriateness of the penalty in 2 34 relation to the size of the public utility, the gravity of the 2 35 violation, and the good faith of the public utility in 3 1 attempting to achieve compliance following notification of a 3 2 violation, and any other relevant factors. 3 3 4. The written notice given by the board to a public 3 4 utility under this section shall specify an appropriate time 3 5 for compliance. 3 6 5. Civil penalties collected pursuant to this section from 3 7 utilities providing water, electric, or gas service shall be 3 8 forwarded by the executive secretary of the board to the 3 9 treasurer of state to be credited to the general fund of the 3 10 state and to be used only for the low income home energy 3 11 assistance program and the weatherization assistance program 3 12 administered by the division of community action agencies of 3 13 the department of human rights. Civil penalties collected 3 14 pursuant to this section from utilities providing 3 15 telecommunications service shall be forwarded to the treasurer 3 16 of state to be credited to the general fund of the state to be 3 17 used only by the department of economic development in 3 18 furtherance of activities pursuant to section 15.301. 3 19 Penalties paid by a rate-regulated public utility pursuant to 3 20 this section shall be excluded from the utility's costs when 3 21 determining the utility's revenue requirement, and shall not 3 22 be included either directly or indirectly in the utility's 3 23 rates or charges to customers. 3 24 Sec. 6. Section 476.97, subsection 3, paragraph a, 3 25 subparagraph (5), Code 2003, is amended to read as follows: 3 26 (5) The plan shall provide for both increases and 3 27 decreases in the prices for basic communications services 3 28 reflecting annual changes in inflationand productivity. 3 29Prior to January 1, 2000,Initially, the board shall use the 3 30 gross domestic product price index, as published by the 3 31 federal government, for an inflation measure, and two and six-3 32tenths percentage points for a productivity measure.On or3 33after January 1, 2000, theThe board by rule may adopt a more 3 34 currentmeasuresmeasure of inflationand productivity. Any 3 35 plan in effect as of July 1, 2003, that contains a 4 1 productivity factor shall strike the productivity factor on a 4 2 prospective basis. 4 3 Sec. 7. Section 476.97, Code 2003, is amended by adding 4 4 the following new subsections: 4 5 NEW SUBSECTION. 12. Notwithstanding any contrary 4 6 provisions of this chapter relating to rate regulation, a 4 7 rate-regulated local exchange carrier operating under a price 4 8 regulation plan shall be allowed to rebalance basic 4 9 communications rates by implementing a rate increase of not 4 10 more than one dollar in the monthly rate for selected basic 4 11 exchange access service lines each year for three years. The 4 12 resulting increase in revenues shall be offset by an equal 4 13 decrease in revenues by simultaneously decreasing other basic 4 14 communications services rates. This rebalancing provision may 4 15 be used to rebalance rates to reduce the rate differential 4 16 between rates for comparable residential and business services 4 17 or between rates for comparable services in different service 4 18 zones as defined in the carrier's tariffs. After notice 4 19 pursuant to section 476.6, subsection 5, a carrier proposing 4 20 to rebalance rates shall file proposed tariffs with the board 4 21 containing the revised rates, along with supporting 4 22 calculations demonstrating that the proposed rebalancing is 4 23 expected to be revenue neutral. Notwithstanding contrary 4 24 provisions of this chapter, the board shall allow the tariff 4 25 provisions to become effective upon a finding by the board 4 26 that the carrier's overall revenues from basic communications 4 27 services will not be increased as a result of the rebalancing 4 28 and that the overall rebalancing is in the public interest. 4 29 Cost of service information shall not be considered in making 4 30 this determination. 4 31 NEW SUBSECTION. 13. a. The Iowa broadband initiative is 4 32 created to provide access to advanced telecommunications 4 33 services in all exchanges served by rate-regulated local 4 34 exchange carriers where advanced telecommunications services 4 35 are not already available at affordable rates, to the extent 5 1 consistent with technological limitations and the public 5 2 interest as determined by the board. The general assembly 5 3 specifically finds that regulatory flexibility is appropriate 5 4 when fostering economic development through the increased 5 5 availability of advanced telecommunications services. 5 6 b. For purposes of this section, "advanced 5 7 telecommunications service" is defined as infrastructure 5 8 capable of delivering a data transmission speed of at least 5 9 two hundred kilobits per second in each direction. 5 10 c. Any rate-regulated local exchange carrier may implement 5 11 a single increase in monthly rates for residential or business 5 12 dial tone access service lines by an amount not to exceed two 5 13 dollars per month. The increase shall be included in the 5 14 customer's bill as an unidentified part of the overall rate 5 15 for service. The revenue from this increase shall be used to 5 16 provide advanced telecommunications services in each of the 5 17 carrier's local exchange central office wire centers where 5 18 broadband services are not currently available at affordable 5 19 rates, subject to the requirements in subparagraphs (1) 5 20 through (6). In addition, any increase or decrease required 5 21 by an approved price regulation plan that, as of July 1, 2003, 5 22 has been deferred pursuant to section 476.97, subsection 3, 5 23 paragraph "a", subparagraph (6), shall not be implemented and 5 24 the amount of any deferral shall also be used to provide 5 25 advanced telecommunications services, subject to the following 5 26 requirements: 5 27 (1) Any carrier electing to participate in the Iowa 5 28 broadband initiative shall file for the board's review and 5 29 approval a plan for using the revenue resulting from the rate 5 30 increase. In reviewing the plan, the board shall consider 5 31 investments and expenditures by the carrier that will best 5 32 serve the public interest as described in this subsection, 5 33 including upgrading the existing telecommunications 5 34 infrastructure to permit improved data services, to a minimum 5 35 of fifty-six kilobits per second, for customers who cannot be 6 1 offered advanced telecommunications services because of their 6 2 geographical location. The board shall adopt rules to 6 3 implement its review process, including rules that specify the 6 4 initial plan filing requirements, further define the public 6 5 interest, and identify some of the factors the board will 6 6 consider in reviewing plans. 6 7 (2) The carrier shall use the revenue resulting from the 6 8 rate increase to implement its approved plan. Whenever the 6 9 board is of the opinion that a carrier is not complying with 6 10 its approved plan, the board may commence an action in the 6 11 district court for any county in which such violation is 6 12 alleged to have occurred to have such violation stopped and 6 13 prevented by injunction, mandamus, or other appropriate 6 14 remedy. The board may also, after notice and opportunity for 6 15 hearing, require that the carrier refund any revenue resulting 6 16 from the rate increase that has not been used to implement its 6 17 approved plan. The board may also enforce the approved plan 6 18 with civil penalties, pursuant to section 476.51. 6 19 (3) The carrier shall file annual reports with the board 6 20 detailing its progress toward completion of its approved plan. 6 21 (4) The carrier, the board, or any other interested person 6 22 may propose modifications to a carrier's plan at any time. 6 23 (5) Upon completion of its initial Iowa broadband 6 24 initiative plan, a carrier shall do one or more of the 6 25 following: 6 26 (a) File a plan for board review and approval for 6 27 continued use of the revenue resulting from the rate increase 6 28 for further deployment of advanced services. 6 29 (b) File a rate of return rate proceeding pursuant to 6 30 section 476.6 to determine new rates. 6 31 (c) File proposed tariffs for board review and approval to 6 32 reduce the monthly rates that were increased under this 6 33 subsection by an amount equal to the increase. 6 34 (6) A carrier choosing to participate in the Iowa 6 35 broadband initiative shall also apply a credit, in an amount 7 1 equal to the amount of the residential service increase, to 7 2 the monthly local exchange service rate for qualified 7 3 applicants for low-income lifeline assistance programs. This 7 4 credit shall continue for as long as the retail rate increase 7 5 is in effect. 7 6 Sec. 8. LOCAL EXCHANGE COMPETITION AND INTRASTATE ACCESS 7 7 CHARGES STUDY. The board shall conduct a study of the current 7 8 status of local exchange competition in Iowa and a separate 7 9 study of intrastate access charges and shall report the 7 10 results of the studies to the general assembly by December 15, 7 11 2003. 7 12 In conducting the competition study, the board shall 7 13 consider possible alternatives to services received from 7 14 incumbent local exchange service providers, including but not 7 15 limited to competitive local exchange service providers, 7 16 municipal telecommunications service providers, resellers of 7 17 the facilities and services of other providers, commercial 7 18 mobile radio service or other wireless providers, cable 7 19 television service providers, advanced telecommunications 7 20 service providers, and providers using voice-over internet 7 21 protocol or other similar technologies. 7 22 In conducting the studies, the board may subpoena books, 7 23 papers, records, and any other real evidence necessary or 7 24 useful for the board to complete either study. Subpoenas may 7 25 be contested using the procedures in section 17A.13, 7 26 subsection 1. Company-specific information provided to the 7 27 board solely for purposes of the report may be treated as a 7 28 trade secret for purposes of section 22.7, subsection 3. 7 29 EXPLANATION 7 30 This bill creates an Iowa broadband initiative. The bill 7 31 allows local exchange carriers operating under price 7 32 regulation plans to rebalance their residential and business 7 33 rates and to reduce rate differentials resulting from past 7 34 mergers and acquisitions. In addition, the bill clarifies the 7 35 authority of the utilities board to deregulate competitive 8 1 telecommunications services, removes outdated provisions 8 2 relating to directory assistance services, creates a 8 3 technology-enabled communities ("TEC") town program within the 8 4 department of economic development, provides that civil 8 5 penalties collected from telecommunications companies will be 8 6 used to fund the TEC town program, and requires that the 8 7 utilities board conduct studies of the current state of local 8 8 exchange competition in Iowa and intrastate access charges. 8 9 LSB 3219SC 80 8 10 jj/cl/14
Text: SSB01168 Text: SSB01170 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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