House File 2446 H-8142 Amend House File 2446 as follows: 1 1. Page 2, after line 10 by inserting: 2 < Sec. ___. Section 476.1, subsections 4 and 6, Code 2018, 3 are amended by striking the subsections. > 4 2. Page 2, by striking lines 17 and 18 and inserting 5 < sections 476.11, 476.29, 476.95, 476.96, 476.100, 476.101, 6 476.95A, 476.95B, and 476.102. > 7 3. Page 2, by striking lines 19 through 34 and inserting: 8 < Sec. ___. Section 476.1D, subsection 4, Code 2018, is 9 amended to read as follows: 10 4. Upon deregulation, all investment, revenues, and 11 expenses associated with the service or facility shall be 12 removed from the telephone utility’s regulated operations and 13 shall not be considered by the board in setting rates for the 14 telephone utility unless they continue to affect the utility’s 15 regulated operations. If the board considers investment, 16 revenues, and expenses associated with unregulated services 17 or facilities in setting rates for the telephone utility, the 18 board shall not use any profits or costs from such unregulated 19 services or facilities to determine the rates for regulated 20 services or facilities. This section does not preclude the 21 board from considering the investment, revenues, and expenses 22 associated with the sale of classified directory advertising 23 by a telephone utility in determining rates for the telephone 24 utility. 25 Sec. ___. Section 476.1D, subsection 10, Code 2018, is 26 amended by striking the subsection. > 27 4. Page 3, after line 1 by inserting: 28 < Sec. ___. Section 476.6, subsection 2, Code 2018, is 29 amended to read as follows: 30 2. Written notice of increase. All public utilities, 31 except those exempted from rate regulation by section 476.1 32 and telecommunications service providers registered pursuant 33 to section 476.95A , shall give written notice of a proposed 34 increase of any rate or charge to all affected customers served 35 -1- HF2446.4070 (2) 87 gh/rn 1/ 8 #1. #2. #3. #4.

by the public utility no more than sixty-two days prior to 1 and prior to the time the application for the increase is 2 filed with the board. Public utilities exempted from rate 3 regulation by section 476.1 , except telecommunications service 4 providers registered pursuant to section 476.95A, shall give 5 written notice of a proposed increase of any rate or charge to 6 all affected customers served by the public utility at least 7 thirty days prior to the effective date of the increase. If 8 the public utility is subject to rate regulation, the notice 9 to affected customers shall also state that the customer has a 10 right to file a written objection to the rate increase and that 11 the affected customers may request the board to hold a public 12 hearing to determine if the rate increase should be allowed. 13 The board shall prescribe the manner and method that the 14 written notice to each affected customer of the public utility 15 shall be served. > 16 5. Page 3, after line 3 by inserting: 17 < Sec. ___. Section 476.9, subsections 1, 2, and 3, Code 18 2018, are amended to read as follows: 19 1. Every public utility , except telecommunications service 20 providers registered pursuant to section 476.95A, shall keep 21 and render to the board in the manner and form prescribed by 22 the board uniform accounts of all business transacted. 23 2. Every public utility engaged directly or indirectly in 24 any other business than that of the production, transmission, 25 or furnishing of heat, light, water, or power, or the 26 collection and treatment of sanitary sewage or storm water , or 27 the furnishing of communications services to for the public 28 shall, if required by the board, keep and render separately 29 to the board in like manner and form the accounts of all such 30 other business, in which case all the provisions of this 31 chapter shall apply to the books, accounts, papers and records 32 of such other business and all profits and losses may be taken 33 into consideration by the board if deemed relevant to the 34 general fiscal condition of the public utility. 35 -2- HF2446.4070 (2) 87 gh/rn 2/ 8 #5.

3. Every public utility , except telecommunications service 1 providers registered pursuant to section 476.95A, is required 2 to keep and render its books, accounts, papers and records 3 accurately and faithfully in the manner and form prescribed 4 by the board, and to comply with all directions of the board 5 relating to such books, accounts, papers and records. > 6 6. Page 3, after line 30 by inserting: 7 < Sec. ___. Section 476.20, Code 2018, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 6. This section shall not apply to 10 telecommunications service providers registered pursuant to 11 section 476.95A. > 12 7. Page 4, after line 26 by inserting: 13 < Sec. ___. Section 476.54, Code 2018, is amended to read as 14 follows: 15 476.54 Delayed payment charges. 16 A public utility shall not apply delayed payment charges 17 on a customer’s account if the scheduled payment was made by 18 the customer within twenty days from the date the billing was 19 sent to the customer. Delayed payment charges on a customer’s 20 account shall not exceed one and one-half percent per month 21 of the past-due amount. This section shall not apply to 22 telecommunications service providers registered pursuant to 23 section 476.95A. 24 Sec. ___. Section 476.95, Code 2018, is amended by striking 25 the section and inserting in lieu thereof the following: 26 476.95 Internet protocol-enabled service and voice over 27 internet protocol service —— regulation. 28 1. For purposes of this section: 29 a. “Internet protocol-enabled service” means any service, 30 capability, functionality, or application that uses internet 31 protocol or any successor protocol and enables an end user 32 to send or receive voice, data, or video communications in 33 internet protocol format or a successor format. 34 b. “Political subdivision” means the same as defined in 35 -3- HF2446.4070 (2) 87 gh/rn 3/ 8 #6. #7.

section 145A.2. 1 c. “Voice over internet protocol service” means an internet 2 protocol-enabled service that facilitates real-time, two-way 3 voice communication that originates from, or terminates at, a 4 user’s location and permits the user to receive a call that 5 originates from the public switched telephone network and to 6 terminate a call on the public switched telephone network. 7 2. Notwithstanding any other provision of law to the 8 contrary, a department, agency, board, or political subdivision 9 of the state shall not regulate, by rule, order, or other means 10 directly or indirectly, the entry, rates, terms, or conditions 11 for internet protocol-enabled service or voice over internet 12 protocol service. 13 3. This section shall not be construed to affect, modify, 14 limit, or expand any of the following: 15 a. The authority of the attorney general to take any action 16 pursuant to chapter 537 or section 714.16. 17 b. The application or enforcement of any law that is 18 intended to have general application to the conduct of business 19 in this state. 20 c. Any obligation under section 251 or 252 of the federal 21 Telecommunications Act of 1996. 22 d. Any authority of the board over wholesale 23 telecommunications services, rates, agreements, 24 interconnection, providers, or tariffs. 25 e. Any authority of the board to address or affect the 26 resolution of a dispute regarding intercarrier compensation. 27 f. Any authority of the board, in accordance with state and 28 federal law, to assess voice over internet protocol service for 29 any of the following: 30 (1) Surcharges for 911 emergency services under section 31 34A.7. 32 (2) Assessments for dual party relay service under section 33 477C.7. 34 (3) Direct costs under section 476.10 and a share of 35 -4- HF2446.4070 (2) 87 gh/rn 4/ 8

remainder assessments that reflect the service’s lesser degree 1 of regulation. 2 Sec. ___. NEW SECTION . 476.95A Annual registration for 3 telecommunications service providers. 4 1. A provider of telecommunications service, as defined in 5 section 476.103, offering telephone numbers to retail customers 6 in this state shall register annually with the board. 7 2. An applicant shall complete an application for 8 registration on a form provided by the board. The form shall 9 include contact information, the approximate number of service 10 lines provided in the state, and any other information deemed 11 necessary by the board. 12 3. Within five business days of the receipt of a completed 13 application for registration, the board shall issue a 14 nonexclusive acknowledgment of compliance with this section. 15 The acknowledgment shall authorize the registrant to obtain 16 telephone numbers, interconnect with other telecommunications 17 service providers, cross railroad rights-of-way pursuant to 18 section 476.27, and provide telecommunications service in this 19 state. An acknowledgment may be transferred by filing a new 20 or updated registration form. 21 4. A registrant shall submit to the board corrections 22 to the information supplied in the registration form 23 within a reasonable time after a change in circumstances, 24 which circumstances would be required to be reported in an 25 application for registration form. 26 5. Refusal to file and maintain an annual registration 27 pursuant to this section is a violation of this chapter and 28 may subject a telecommunications service provider to a civil 29 penalty pursuant to section 476.51. 30 6. Notwithstanding this subsection, the board shall 31 continue to recognize the validity of, and the rights conferred 32 upon, a certificate of public convenience and necessity issued 33 to a telecommunications service provider by the board prior to 34 July 1, 2018. 35 -5- HF2446.4070 (2) 87 gh/rn 5/ 8

Sec. ___. NEW SECTION . 476.95B Applicability of authority. 1 1. The board may exercise any powers reserved or delegated 2 to the state by the federal Telecommunications Act of 1996 3 or any other federal law, rule, or order thereunder, and may 4 hear and resolve any dispute arising thereunder, including but 5 not limited to intercarrier compensation, interconnection, and 6 number portability. 7 2. In proceedings under 47 U.S.C. §251-254, the board 8 shall allocate the costs and expenses of the proceedings to 9 persons identified as parties in the proceeding who are engaged 10 in or who seek to engage in providing telecommunications 11 service or other persons identified as participants in the 12 proceeding. The funds received for the costs and the expenses 13 shall be remitted to the treasurer of state for deposit in the 14 department of commerce revolving fund created in section 546.12 15 as provided in section 476.10. 16 Sec. ___. Section 476.102, subsection 2, paragraph d, Code 17 2018, is amended to read as follows: 18 d. The plan should be based on other principles as the board 19 determines are necessary and appropriate for the protection of 20 the public interest, convenience, and necessity and consistent 21 with the purposes of sections 476.95 through 476.101 and this 22 section . > 23 8. Page 4, after line 34 by inserting: 24 < Sec. ___. Section 477A.3, subsection 1, paragraph f, Code 25 2018, is amended to read as follows: 26 f. Documentation that the applicant possesses sufficient 27 managerial, technical, and financial capability to provide 28 the cable service or video service proposed in the service 29 area. An applicant or its subsidiary which has been issued 30 a certificate of public convenience and necessity to provide 31 telephone service pursuant to section 476.29 shall be exempt 32 from the provisions of this paragraph. 33 Sec. ___. Section 477C.7, Code 2018, is amended to read as 34 follows: 35 -6- HF2446.4070 (2) 87 gh/rn 6/ 8 #8.

477C.7 Funding. 1 1. The board shall impose an annual assessment to fund the 2 programs described in this chapter upon all telecommunications 3 wireless carriers and wire-line local exchange carriers 4 providing telecommunications service in the state in the amount 5 of three cents per month for each telecommunications service 6 phone number provided in this state . 7 2. The total assessment shall be allocated as follows: 8 a. Wireless communications service providers shall be 9 assessed three cents per month for each wireless communications 10 service number provided in this state. 11 b. (1) The remainder of the assessment shall be allocated 12 one-half to local exchange telephone utilities and one-half to 13 the following: 14 (a) Interexchange carriers. 15 (b) Centralized equal access providers. 16 (c) Alternative operator services companies. 17 (2) The assessment shall be allocated proportionally based 18 upon revenues from all intrastate regulated, deregulated, and 19 exempt telephone services under sections 476.1 and 476.1D . 20 3. 2. The telecommunications carriers entities subject 21 to assessment shall remit the assessed amounts quarterly to a 22 special fund, as defined under section 8.2, subsection 9 . The 23 moneys in the fund are appropriated solely to plan, establish, 24 administer, and promote the relay service and equipment 25 distribution programs. 26 4. 3. The telecommunications carriers entities subject to 27 assessment shall provide the information requested by the board 28 necessary for implementation of the assessment. 29 5. 4. The Wire-line local exchange telephone utilities 30 carriers shall not recover from intrastate access charges 31 any portion of such utilities assessment imposed under this 32 section . > 33 9. Page 8, after line 9 by inserting: 34 < Sec. ___. Section 714H.4, subsection 1, paragraph d, Code 35 -7- HF2446.4070 (2) 87 gh/rn 7/ 8 #9.