House File 2330 - Introduced HOUSE FILE 2330 BY COMMITTEE ON COMMERCE (SUCCESSOR TO HSB 586) A BILL FOR An Act relating to matters under the purview of the utilities 1 division of the department of commerce. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5298HV (1) 85 rn/nh
H.F. 2330 Section 1. Section 476.1D, subsection 1, paragraph c, Code 1 2014, is amended by striking the paragraph. 2 Sec. 2. Section 476.1D, subsection 2, Code 2014, is amended 3 to read as follows: 4 2. Except as provided in subsection 1 , paragraph “c” , 5 deregulation Deregulation of a service or facility for 6 a utility is effective only after a finding of effective 7 competition by the board. 8 Sec. 3. Section 476.3, subsection 2, paragraph b, Code 2014, 9 is amended by striking the paragraph. 10 Sec. 4. Section 476.5, Code 2014, is amended to read as 11 follows: 12 476.5 Adherence to schedules —— discounts . 13 No public utility subject to rate regulation shall directly 14 or indirectly charge a greater or less compensation for its 15 services than that prescribed in its tariffs, and no such 16 public utility shall make or grant any unreasonable preferences 17 or advantages as to rates or services to any person or subject 18 any person to any unreasonable prejudice or disadvantage. 19 Nothing in this section shall be construed to prohibit 20 any public utility furnishing communications services from 21 providing any service rendered by it without charge or 22 at reduced rate to any of its active or retired officers, 23 directors, or employees, or such officers, directors or 24 employees of other public utilities furnishing communications 25 services. Provided, however, said service is for personal use, 26 and not for engaging in a business for profit. 27 Sec. 5. Section 476.6, subsection 9, Code 2014, is amended 28 by striking the subsection. 29 Sec. 6. Section 476.29, subsection 15, Code 2014, is amended 30 by striking the subsection. 31 Sec. 7. Section 476.96, Code 2014, is amended to read as 32 follows: 33 476.96 Definitions. 34 As used in section 476.95 , this section , and sections 35 -1- LSB 5298HV (1) 85 rn/nh 1/ 5
H.F. 2330 476.97 through 476.102 476.100 and 476.101 , unless the context 1 otherwise requires: 2 1. “Basic communications service” includes at a minimum, 3 basic local telephone service, switched access, 911 and 4 E-911 services, and dual party relay service. The board is 5 authorized to classify by rule at any time, any other two-way 6 switched communications services as basic communications 7 services consistent with community expectations and the public 8 interest. 9 2. “Basic local telephone service” means the provision 10 of dial tone access and usage, for the transmission of 11 two-way switched communications within a local exchange area, 12 including, but not limited to, the following: 13 a. Residence service and business services, including flat 14 rate or local measured service, private branch exchange trunks, 15 trunk type hunting services, direct inward dialing, and the 16 network access portion of central office switched exchange 17 service. 18 b. Extended area service. 19 c. Touch tone service when provided separately. 20 d. Call tracing. 21 e. Calling number blocking on either a per call or a per 22 line basis. 23 f. Local exchange white pages directories. 24 g. Installation and repair of local network access. 25 h. Local operator services, excluding directory assistance. 26 i. Toll service blocking and 1-900 and 1-976 access 27 blocking. 28 3. 1. “Competitive local exchange service provider” means 29 any person, including a municipal utility, that provides local 30 exchange services, other than a local exchange carrier or a 31 nonrate-regulated wireline provider of local exchange services 32 under an authorized certificate of public convenience and 33 necessity within a specific geographic area described in maps 34 filed with and approved by the board as of September 30, 1992. 35 -2- LSB 5298HV (1) 85 rn/nh 2/ 5
H.F. 2330 4. “Interim number portability” means one or more mechanisms 1 by which a local exchange customer at a particular location 2 may change the customer’s local exchange services provider 3 without any change in the local exchange customer’s telephone 4 number, while experiencing as little loss of functionality as 5 is feasible using available technology. 6 5. 2. “Local exchange carrier” means any person that was 7 the incumbent and historical rate-regulated wireline provider 8 of local exchange services or any successor to such person 9 that provides local exchange services under an authorized 10 certificate of public convenience and necessity within a 11 specific geographic area described in maps filed with and 12 approved by the board as of September 30, 1992. 13 6. “Nonbasic communications services” means all 14 communications services subject to the board’s jurisdiction 15 which are not deemed either by statute or by rule to be basic 16 communications services, including any service offered by 17 the local exchange carrier for the first time after July 1, 18 1995. A service is not considered new if it constitutes the 19 bundling, unbundling, or repricing of an already existing 20 service. Consistent with community expectations and the public 21 interest, the board may reclassify by rule as nonbasic those 22 two-way switched communications services previously classified 23 by rule as basic. 24 7. “Provider number portability” means the capability of a 25 local exchange customer to change the customer’s local exchange 26 services provider at the customer’s same location without any 27 change in the local exchange customer’s telephone number, while 28 preserving the full range of functionality that the customer 29 currently experiences. “Provider number portability” includes 30 the equal availability of information concerning the local 31 exchange provider serving the number to all carriers, and the 32 ability to deliver traffic directly to that provider without 33 having first to route traffic to the local exchange carrier or 34 otherwise use the services, facilities, or capabilities of the 35 -3- LSB 5298HV (1) 85 rn/nh 3/ 5
H.F. 2330 local exchange carrier to complete the call, and without the 1 dialing of additional digits or access codes. 2 Sec. 8. Section 476.101, subsections 4, 5, and 6, Code 2014, 3 are amended by striking the subsections. 4 Sec. 9. Section 476.101, subsection 8, Code 2014, is amended 5 to read as follows: 6 8. Any person may file a written complaint with the 7 board requesting the board to determine compliance by a 8 local exchange carrier with the provisions of sections 9 476.96 through and 476.100 , 476.102 , and this section , or any 10 board rules implementing those sections. Upon the filing 11 of such complaint, the board may promptly initiate a formal 12 complaint proceeding and give notice of the proceeding and the 13 opportunity for hearing. The formal complaint proceeding may 14 be initiated at any time by the board on its own motion. The 15 board shall render a decision in the proceeding within ninety 16 days after the date the written complaint was filed. 17 Sec. 10. REPEAL. Sections 476.4A, 476.97, and 476.99, Code 18 2014, are repealed. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to matters under the purview of the 23 utilities division of the department of commerce, and is 24 primarily focused on the removal of specified outdated or 25 obsolete provisions. 26 The bill eliminates provisions contained in Code sections 27 476.1D and 476.97 which provided for the retail rate-regulation 28 or price regulation of telephone local exchange services and 29 the discontinuance of retail rate regulation on a gradual 30 basis. 31 The bill also eliminates a provision which authorizes 32 an exemption from tariff filing requirements for telephone 33 utilities for certain specific services which are no longer 34 being offered. Additionally, the bill eliminates a provision 35 -4- LSB 5298HV (1) 85 rn/nh 4/ 5
H.F. 2330 permitting telephone utilities to offer discounted service 1 either without charge or at a discounted rate to specified 2 active or retired officers, directors, or employees consistent 3 with the fact that retail rate regulation is no longer being 4 undertaken. A provision permitting the Iowa utilities board to 5 approve a schedule of rate levels for regulated communications 6 services is similarly eliminated. The bill also eliminates an 7 outdated provision requiring the board to provide a written 8 report to the general assembly no later than January 20, 2005, 9 describing the current status of local telephone service in 10 Iowa. 11 The bill deletes definitions contained in Code section 12 476.96 which are referenced in Code sections repealed by the 13 bill. The bill additionally eliminates outdated provisions in 14 Code section 476.101 relating to rulemaking in 1995 which was 15 not undertaken, requiring tariffs or price lists to be filed 16 by incumbent local exchange carriers which were superseded by 17 federal law, and applying to contested cases pending as of July 18 1, 1995, which have all been completed. 19 -5- LSB 5298HV (1) 85 rn/nh 5/ 5