House
Amendment
to
Senate
File
2195
S-5135
Amend
Senate
File
2195,
as
passed
by
the
Senate,
as
1
follows:
2
1.
By
striking
everything
after
the
enacting
clause
3
and
inserting:
4
<
Section
1.
Section
476.1D,
subsection
1,
paragraph
5
c,
Code
2014,
is
amended
by
striking
the
paragraph.
6
Sec.
2.
Section
476.1D,
subsection
2,
Code
2014,
is
7
amended
to
read
as
follows:
8
2.
Except
as
provided
in
subsection
1
,
paragraph
9
“c”
,
deregulation
Deregulation
of
a
service
or
facility
10
for
a
utility
is
effective
only
after
a
finding
of
11
effective
competition
by
the
board.
12
Sec.
3.
Section
476.3,
subsection
2,
paragraph
b,
13
Code
2014,
is
amended
by
striking
the
paragraph.
14
Sec.
4.
Section
476.4,
Code
2014,
is
amended
to
15
read
as
follows:
16
476.4
Tariffs
filed.
17
1.
Every
public
utility
shall
file
with
the
18
board
tariffs
showing
the
rates
and
charges
for
its
19
public
utility
services
and
the
rules
and
regulations
20
under
which
such
services
were
furnished,
on
April
21
1,
1963,
which
rates
and
charges
shall
be
subject
to
22
investigation
by
the
board
as
provided
in
section
23
476.3
,
and
upon
such
investigation
the
burden
of
24
establishing
the
reasonableness
of
such
rates
and
25
charges
shall
be
upon
the
public
utility
filing
the
26
same.
These
filings
shall
be
made
under
such
rules
as
27
the
board
may
prescribe
within
such
time
and
in
such
28
form
as
the
board
may
designate.
In
prescribing
rules
29
and
regulations
with
respect
to
the
form
of
tariffs,
30
the
board
shall,
in
the
case
of
public
utilities
31
subject
to
regulation
by
any
federal
agency,
give
due
32
regard
to
any
corresponding
rules
and
regulations
33
of
such
federal
agency,
to
the
end
that
unnecessary
34
duplication
of
effort
and
expense
may
be
avoided
so
far
35
as
reasonably
possible.
Each
public
utility
shall
keep
36
copies
of
its
tariffs
open
to
public
inspection
under
37
such
rules
as
the
board
may
prescribe.
38
2.
No
later
than
January
1,
2015,
a
telephone
39
utility
is
required
to
file
tariffs
as
provided
in
40
this
section
only
for
such
wholesale
services
as
may
41
be
specified
by
the
board.
42
3.
Every
rate,
charge,
rule
,
and
regulation
43
contained
in
any
filing
made
with
the
commission
on
or
44
prior
to
July
4,
1963,
shall
be
effective
as
of
such
45
date,
subject,
however,
to
investigation
as
herein
46
provided.
If
any
such
filing
is
made
prior
to
the
time
47
the
commission
prescribes
rules
as
aforesaid,
and
if
48
such
filing
does
not
comply
as
to
form
or
substance
49
with
such
rules,
then
the
public
utility
which
filed
50
-1-
SF2195.3857.H
(1)
85
md
1/
8
#1.
the
same
shall
within
a
reasonable
time
after
the
1
adoption
of
such
rules
make
a
new
filing
or
filings
2
complying
with
such
rules,
which
new
filing
or
filings
3
shall
be
deemed
effective
as
of
July
4,
1963.
4
Sec.
5.
Section
476.5,
Code
2014,
is
amended
to
5
read
as
follows:
6
476.5
Adherence
to
schedules
——
discounts
.
7
No
public
utility
subject
to
rate
regulation
8
shall
directly
or
indirectly
charge
a
greater
or
less
9
compensation
for
its
services
than
that
prescribed
in
10
its
tariffs,
and
no
such
public
utility
shall
make
or
11
grant
any
unreasonable
preferences
or
advantages
as
to
12
rates
or
services
to
any
person
or
subject
any
person
13
to
any
unreasonable
prejudice
or
disadvantage.
14
Nothing
in
this
section
shall
be
construed
to
15
prohibit
any
public
utility
furnishing
communications
16
services
from
providing
any
service
rendered
by
17
it
without
charge
or
at
reduced
rate
to
any
of
its
18
active
or
retired
officers,
directors,
or
employees,
19
or
such
officers,
directors
or
employees
of
other
20
public
utilities
furnishing
communications
services.
21
Provided,
however,
said
service
is
for
personal
use,
22
and
not
for
engaging
in
a
business
for
profit.
23
Sec.
6.
Section
476.6,
subsection
9,
Code
2014,
is
24
amended
by
striking
the
subsection.
25
Sec.
7.
Section
476.29,
subsections
3
and
6,
Code
26
2014,
are
amended
to
read
as
follows:
27
3.
A
certificate
is
transferable,
subject
to
28
approval
of
the
board
pursuant
to
section
476.20,
29
subsection
1
,
and
for
purposes
of
a
rate-regulated
30
local
exchange
utility
shall
be
treated
by
the
board
31
in
the
same
manner
as
a
reorganization
pursuant
to
32
sections
476.76
and
476.77
.
33
6.
The
certificate
and
tariffs
approved
by
34
the
board
are
is
the
only
authority
required
for
35
the
utility
to
furnish
land-line
local
telephone
36
service.
However,
to
the
extent
not
inconsistent
with
37
this
section
,
the
power
to
regulate
the
conditions
38
required
and
manner
of
use
of
the
highways,
streets,
39
rights-of-way,
and
public
grounds
remains
in
the
40
appropriate
public
authority.
41
Sec.
8.
Section
476.29,
subsection
15,
Code
2014,
42
is
amended
by
striking
the
subsection.
43
Sec.
9.
Section
476.72,
subsections
4
and
5,
Code
44
2014,
are
amended
to
read
as
follows:
45
4.
“Public
utility”
includes
only
means
a
gas
46
or
electric
rate-regulated
public
utilities
and
47
rate-regulated
telephone
utilities
providing
local
48
exchange
telecommunication
service
utility
.
49
5.
“Utility
business”
means
the
generation
or
50
-2-
SF2195.3857.H
(1)
85
md
2/
8
transmission
of
electricity
or
furnishing
of
gas
or
1
furnishing
electricity
or
furnishing
rate-regulated
2
communications
services
to
the
public
for
compensation.
3
Sec.
10.
Section
476.78,
Code
2014,
is
amended
to
4
read
as
follows:
5
476.78
Cross-subsidization
prohibited.
6
A
rate-regulated
gas
or
electric
public
utility
7
shall
not
directly
or
indirectly
include
any
costs
or
8
expenses
attributable
to
providing
nonutility
service
9
in
regulated
rates
or
charges.
Except
for
contracts
10
existing
as
of
July
1,
1996,
a
rate-regulated
gas
11
or
electric
public
utility
or
its
affiliates
shall
12
not
use
vehicles,
service
tools
and
instruments,
13
or
employees,
the
costs,
salaries,
or
benefits
of
14
which
are
recoverable
in
the
regulated
rates
for
15
electric
service
or
gas
service
to
install,
service,
16
or
repair
residential
or
commercial
gas
or
electric
17
heating,
ventilating,
or
air
conditioning
systems,
or
18
interior
lighting
systems
and
fixtures;
or
to
sell
19
at
retail
heating,
ventilating,
air
conditioning,
20
or
interior
lighting
equipment.
For
the
purpose
of
21
this
section
,
“commercial”
means
a
place
of
business
22
primarily
used
for
the
storage
or
sale,
at
wholesale
23
or
retail,
of
goods,
wares,
services,
or
merchandise.
24
Nothing
in
this
section
shall
be
construed
to
prohibit
25
a
rate-regulated
gas
or
electric
public
utility
26
from
using
its
utility
vehicles,
service
tools
and
27
instruments,
and
employees
to
market
systems,
services,
28
and
equipment,
to
light
pilots,
or
to
eliminate
a
29
customer
emergency
or
threat
to
public
safety.
30
Sec.
11.
Section
476.79,
Code
2014,
is
amended
to
31
read
as
follows:
32
476.79
Provision
of
nonutility
service.
33
1.
A
rate-regulated
gas
or
electric
public
utility
34
providing
any
nonutility
service
to
its
customers
shall
35
keep
and
render
to
the
board
separate
records
of
the
36
nonutility
service.
The
board
may
provide
for
the
37
examination
and
inspection
of
the
books,
accounts,
38
papers,
and
records
of
the
nonutility
service,
as
39
may
be
necessary,
to
enforce
any
provisions
of
this
40
chapter
.
41
2.
The
board
shall
adopt
rules
which
specify
the
42
manner
and
form
of
the
accounts
relating
to
providing
43
nonutility
services
which
the
rate-regulated
gas
or
44
electric
public
utility
shall
maintain.
45
Sec.
12.
Section
476.80,
unnumbered
paragraph
1,
46
Code
2014,
is
amended
to
read
as
follows:
47
A
rate-regulated
gas
or
electric
public
utility
48
which
engages
in
a
systematic
marketing
effort
as
49
defined
by
the
board,
other
than
on
an
incidental
or
50
-3-
SF2195.3857.H
(1)
85
md
3/
8
casual
basis,
to
promote
the
availability
of
nonutility
1
service
from
the
public
utility
shall
make
available
at
2
reasonable
compensation
on
a
nondiscriminatory
basis
3
to
all
persons
engaged
primarily
in
providing
the
same
4
competitive
nonutility
services
in
that
area
all
of
5
the
following
services
to
the
same
extent
utilized
by
6
the
public
utility
in
connection
with
its
nonutility
7
services:
8
Sec.
13.
Section
476.81,
Code
2014,
is
amended
to
9
read
as
follows:
10
476.81
Audit
required.
11
The
board
may
periodically
retain
a
nationally
or
12
regionally
recognized
independent
auditing
firm
to
13
conduct
an
audit
of
the
nonutility
services
provided
by
14
a
rate-regulated
gas
or
electric
public
utility
subject
15
to
the
provisions
of
section
476.80
.
A
nonutility
16
service
audit
shall
not
be
conducted
more
frequently
17
than
every
three
years,
unless
ordered
by
the
board
for
18
good
cause.
The
cost
of
the
audit
shall
be
paid
by
the
19
public
utility
to
the
independent
auditing
firm
and
20
shall
be
included
in
its
regulated
rates
and
charges,
21
unless
otherwise
ordered
by
the
board
for
good
cause
22
after
providing
the
public
utility
the
opportunity
for
23
a
hearing
on
the
board’s
decision.
24
Sec.
14.
Section
476.83,
Code
2014,
is
amended
to
25
read
as
follows:
26
476.83
Complaints.
27
Any
person
may
file
a
written
complaint
with
the
28
board
requesting
that
the
board
determine
compliance
by
29
a
rate-regulated
gas
or
electric
public
utility
with
30
the
provisions
of
section
476.78
,
476.79
,
or
476.80
,
or
31
any
validly
adopted
rules
to
implement
these
sections.
32
Upon
the
filing
of
a
complaint,
the
board
may
promptly
33
initiate
a
formal
complaint
proceeding
and
give
notice
34
of
the
proceeding
and
the
opportunity
for
hearing.
The
35
formal
complaint
proceeding
may
be
initiated
at
any
36
time
by
the
board
on
its
own
motion.
The
board
shall
37
render
a
decision
in
the
proceeding
within
ninety
days
38
after
the
date
the
written
complaint
was
filed,
unless
39
additional
time
is
requested
by
the
complainant.
40
Sec.
15.
Section
476.96,
Code
2014,
is
amended
to
41
read
as
follows:
42
476.96
Definitions.
43
As
used
in
section
476.95
,
this
section
,
and
sections
44
476.97
through
476.102
476.100
and
476.101
,
unless
the
45
context
otherwise
requires:
46
1.
“Basic
communications
service”
includes
at
47
a
minimum,
basic
local
telephone
service,
switched
48
access,
911
and
E-911
services,
and
dual
party
relay
49
service.
The
board
is
authorized
to
classify
by
rule
50
-4-
SF2195.3857.H
(1)
85
md
4/
8
at
any
time,
any
other
two-way
switched
communications
1
services
as
basic
communications
services
consistent
2
with
community
expectations
and
the
public
interest.
3
2.
“Basic
local
telephone
service”
means
the
4
provision
of
dial
tone
access
and
usage,
for
the
5
transmission
of
two-way
switched
communications
within
6
a
local
exchange
area,
including,
but
not
limited
to,
7
the
following:
8
a.
Residence
service
and
business
services,
9
including
flat
rate
or
local
measured
service,
private
10
branch
exchange
trunks,
trunk
type
hunting
services,
11
direct
inward
dialing,
and
the
network
access
portion
12
of
central
office
switched
exchange
service.
13
b.
Extended
area
service.
14
c.
Touch
tone
service
when
provided
separately.
15
d.
Call
tracing.
16
e.
Calling
number
blocking
on
either
a
per
call
or
17
a
per
line
basis.
18
f.
Local
exchange
white
pages
directories.
19
g.
Installation
and
repair
of
local
network
access.
20
h.
Local
operator
services,
excluding
directory
21
assistance.
22
i.
Toll
service
blocking
and
1-900
and
1-976
access
23
blocking.
24
3.
1.
“Competitive
local
exchange
service
provider”
25
means
any
person,
including
a
municipal
utility,
that
26
provides
local
exchange
services,
other
than
a
local
27
exchange
carrier
or
a
nonrate-regulated
wireline
28
provider
of
local
exchange
services
under
an
authorized
29
certificate
of
public
convenience
and
necessity
within
30
a
specific
geographic
area
described
in
maps
filed
with
31
and
approved
by
the
board
as
of
September
30,
1992.
32
4.
“Interim
number
portability”
means
one
or
more
33
mechanisms
by
which
a
local
exchange
customer
at
a
34
particular
location
may
change
the
customer’s
local
35
exchange
services
provider
without
any
change
in
the
36
local
exchange
customer’s
telephone
number,
while
37
experiencing
as
little
loss
of
functionality
as
is
38
feasible
using
available
technology.
39
5.
2.
“Local
exchange
carrier”
means
any
person
40
that
was
the
incumbent
and
historical
rate-regulated
41
wireline
provider
of
local
exchange
services
or
any
42
successor
to
such
person
that
provides
local
exchange
43
services
under
an
authorized
certificate
of
public
44
convenience
and
necessity
within
a
specific
geographic
45
area
described
in
maps
filed
with
and
approved
by
the
46
board
as
of
September
30,
1992.
47
6.
“Nonbasic
communications
services”
means
all
48
communications
services
subject
to
the
board’s
49
jurisdiction
which
are
not
deemed
either
by
statute
or
50
-5-
SF2195.3857.H
(1)
85
md
5/
8
by
rule
to
be
basic
communications
services,
including
1
any
service
offered
by
the
local
exchange
carrier
2
for
the
first
time
after
July
1,
1995.
A
service
is
3
not
considered
new
if
it
constitutes
the
bundling,
4
unbundling,
or
repricing
of
an
already
existing
5
service.
Consistent
with
community
expectations
and
6
the
public
interest,
the
board
may
reclassify
by
rule
7
as
nonbasic
those
two-way
switched
communications
8
services
previously
classified
by
rule
as
basic.
9
7.
“Provider
number
portability”
means
the
10
capability
of
a
local
exchange
customer
to
change
11
the
customer’s
local
exchange
services
provider
12
at
the
customer’s
same
location
without
any
change
13
in
the
local
exchange
customer’s
telephone
number,
14
while
preserving
the
full
range
of
functionality
15
that
the
customer
currently
experiences.
“Provider
16
number
portability”
includes
the
equal
availability
17
of
information
concerning
the
local
exchange
provider
18
serving
the
number
to
all
carriers,
and
the
ability
19
to
deliver
traffic
directly
to
that
provider
without
20
having
first
to
route
traffic
to
the
local
exchange
21
carrier
or
otherwise
use
the
services,
facilities,
or
22
capabilities
of
the
local
exchange
carrier
to
complete
23
the
call,
and
without
the
dialing
of
additional
digits
24
or
access
codes.
25
Sec.
16.
Section
476.101,
subsections
1,
8,
and
10,
26
Code
2014,
are
amended
to
read
as
follows:
27
1.
A
certificate
of
public
convenience
and
28
necessity
to
provide
local
telephone
service
shall
29
not
be
interpreted
as
conveying
a
monopoly,
exclusive
30
privilege,
or
franchise.
A
competitive
local
31
exchange
service
provider
shall
not
be
subject
to
32
the
requirements
of
this
chapter
,
except
that
a
33
competitive
local
exchange
service
provider
shall
34
obtain
a
certificate
of
public
convenience
and
35
necessity
pursuant
to
section
476.29
,
file
tariffs,
36
notify
affected
customers
prior
to
any
rate
increase,
37
file
reports,
information,
and
pay
assessments
pursuant
38
to
section
476.2,
subsection
4
,
and
sections
476.9
,
39
476.10
,
476.16
,
476.102
,
and
477C.7
,
and
shall
be
40
subject
to
the
board’s
authority
with
respect
to
41
adequacy
of
service,
interconnection,
discontinuation
42
of
service,
civil
penalties,
and
complaints.
If,
43
after
notice
and
opportunity
for
hearing,
the
board
44
determines
that
a
competitive
local
exchange
service
45
provider
possesses
market
power
in
its
local
exchange
46
market
or
markets,
the
board
may
apply
such
other
47
provisions
of
this
chapter
to
a
competitive
local
48
exchange
service
provider
as
it
deems
appropriate.
49
8.
Any
person
may
file
a
written
complaint
with
the
50
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board
requesting
the
board
to
determine
compliance
by
a
1
local
exchange
carrier
with
the
provisions
of
sections
2
476.96
,
through
476.100
,
and
476.102
,
and
this
section
,
3
or
any
board
rules
implementing
those
sections.
Upon
4
the
filing
of
such
complaint,
the
board
may
promptly
5
initiate
a
formal
complaint
proceeding
and
give
notice
6
of
the
proceeding
and
the
opportunity
for
hearing.
The
7
formal
complaint
proceeding
may
be
initiated
at
any
8
time
by
the
board
on
its
own
motion.
The
board
shall
9
render
a
decision
in
the
proceeding
within
ninety
days
10
after
the
date
the
written
complaint
was
filed.
The
11
board,
for
good
cause
shown,
may
extend
the
deadline
12
for
acting
upon
the
complaint
for
an
additional
period
13
not
to
exceed
thirty
days.
14
10.
In
a
proceeding
associated
with
the
granting
15
of
a
certificate
under
section
476.29
,
approving
16
maps
and
tariffs
for
competitive
local
exchange
17
providers
provided
for
in
this
section
,
or
in
resolving
18
a
complaint
filed
pursuant
to
subsection
8
and
19
proceedings
under
47
U.S.C.
§251
–
254,
the
board
shall
20
allocate
the
costs
and
expenses
of
the
proceedings
21
to
persons
identified
as
parties
in
the
proceeding
22
who
are
engaged
in
or
who
seek
to
engage
in
providing
23
telecommunications
services
or
other
persons
identified
24
as
participants
in
the
proceeding.
The
funds
received
25
for
the
costs
and
the
expenses
shall
be
remitted
to
the
26
treasurer
of
state
for
deposit
in
the
department
of
27
commerce
revolving
fund
created
in
section
546.12
as
28
provided
in
section
476.10
.
29
Sec.
17.
Section
476.101,
subsections
4,
5,
and
6,
30
Code
2014,
are
amended
by
striking
the
subsections.
31
Sec.
18.
Section
477.9A,
Code
2014,
is
amended
to
32
read
as
follows:
33
477.9A
Deregulated
services.
34
1.
A
telegraph
or
telephone
company
whose
services
35
are
deregulated
by
the
board
under
section
476.1D
36
may
use
public
notice
as
a
means
of
conveying
terms
37
and
conditions
to
customers
where
identification
of
38
those
customers
is
infeasible
or
impractical.
Public
39
notice
may
also
be
used
to
convey
changes
in
terms
and
40
conditions,
other
than
price
increases
or
limitations
41
of
liability,
to
all
other
customers,
but
only
if
those
42
customers
were
put
on
notice
that
this
means
would
be
43
used
to
convey
subsequent
changes.
Notwithstanding
44
section
477.7
,
when
services
are
deregulated
by
the
45
board
under
section
476.1D
,
a
telegraph
or
telephone
46
company,
in
any
contract,
agreement,
or
by
means
of
47
public
notice,
may
reasonably
limit
its
liability
48
under
section
477.7
in
the
course
of
providing
the
49
deregulated
communications
services
to
its
customers,
50
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except
for
acts
of
willful
misconduct.
However,
1
this
section
does
not
allow
a
greater
limitation
on
2
liability
than
exists
in
any
contract
or
approved
3
tariff
as
of
the
effective
date
of
the
deregulation
of
4
the
services.
5
2.
A
telephone
company
whose
services
are
subject
6
to
regulation
by
the
board
with
respect
to
terms
and
7
conditions,
but
not
rates,
shall
give
notice
of
rate
8
changes
to
customers.
9
Sec.
19.
REPEAL.
Sections
476.4A,
476.97,
and
10
476.99,
Code
2014,
are
repealed.
>
11
2.
Title
page,
by
striking
lines
1
through
3
12
and
inserting
<
An
Act
relating
to
matters
under
the
13
purview
of
the
utilities
division
of
the
department
of
14
commerce.
>
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