Text: SF02379 Text: SF02381 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 476.97, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. The board, after notice and opportunity for hearing, 1 4 may approve, modify, or reject the plan. The board shall 1 5 approve, modify, or reject the plan by no later than ninety 1 6 days after the date the plan is filed. The local exchange 1 7 carrier shall have ten days to accept or reject any board 1 8 modifications to its plan. If the local exchange carrier 1 9 rejects a modification to its plan, the board shall reject the 1 10 plan without prejudice to the local exchange carrier to submit 1 11 another plan. 1 12 Sec. 2. Section 476.97, subsection 3, paragraph a, 1 13 subparagraphs (1), (3), and (4), Code 1997, are amended to 1 14 read as follows: 1 15 (1) Establishing and changing prices, terms, and 1 16 conditions for basic communications services. The initial 1 17 plan for price regulation must include a proposal, which the 1 18 board shall approve, for reducing the local exchange carrier's 1 19 average intrastate access service rates to the local exchange 1 20 carrier's average interstate access service rates in effect as 1 21 of the last day of the calendar year immediately preceding the 1 22 date of filing of the plan, as follows: 1 23 (a) A local exchange carrier with five hundred thousand or 1 24 more access lines in this state shall reduce its average 1 25 intrastate access service rates by at leastfiftyone hundred 1 26 percent of the difference between average intrastate access 1 27 service rates and average interstate access service rates as 1 28 of the date that the planis filed and further reduce such1 29rates to the average interstate access service rates within1 30ninety days of the date that the planbecomes effective. 1 31 (b) A local exchange carrier with fewer than five hundred 1 32 thousand but seventy-five thousand or more access lines in 1 33 this state shall reduce its average intrastate access service 1 34 rates to its average interstate access service rates in 1 35 increments of at least twenty-five percent, with the initial 2 1 reduction to take effect on approval of the plan and equal 2 2 annual reductions on each anniversary of the approval during 2 3 the first three years that its plan is in effect. 2 4 (c) A local exchange carrier with fewer than seventy-five 2 5 thousand access lines in this state shall reduce its average 2 6 intrastate access service rates to its average interstate 2 7 access service rates with equal annual reductions during a 2 8 period beginning no more than two years and ending no more 2 9 than five years from the plan's inception. 2 10 (3) The plan shall also provide that the initial prices 2 11 for basic communications services shall besixthree percent 2 12 less than the rates approved and in effect at the time the 2 13 local exchange carrier files its plan. A local exchange 2 14 carrier which elects to reduce its rates bysixthree percent 2 15 shall not, at a later time, increase its rates for basic 2 16 communications services as a result of the carrier's 2 17 compliance with the board's rules relating to unbundling. In 2 18 lieu of thesixthree percent reduction, and prior to the 2 19 adoption of rules relating to unbundling pursuant to section 2 20 476.101, subsection 4, paragraph "a", subparagraph (1), the 2 21 local exchange carrier may request and the board may establish 2 22 a regulated revenue requirement in a rate proceeding under 2 23 section 476.3 or 476.6 commenced after July 1, 1995. After 2 24 the determination of the local exchange carrier's regulated 2 25 revenue requirement pursuant to the rate proceeding, the local 2 26 exchange carrier shall not immediately implement rates 2 27 designed to recover that regulated revenue requirement. 2 28 Following the adoption of rules relating to unbundling 2 29 pursuant to section 476.101, subsection 4, paragraph "a", 2 30 subparagraph (1), the local exchange carrier shall commence a 2 31 tariff proceeding for the approval of tariffs implementing 2 32 such unbundling. The board has six months to complete this 2 33 tariff proceeding and determine the local exchange carrier's 2 34 final unbundled rates. The local exchange carrier shall carry 2 35 forward the regulated revenue requirement determined by the 3 1 board pursuant to the rate proceeding and design rates that 3 2 comply with the board's rules relating to unbundling that 3 3 recover the regulated revenue requirement, and that implement 3 4 the board's approved rate design established in the tariff 3 5 proceeding. 3 6 In lieu of taking thesixthree percent reduction, a local 3 7 exchange carrier that submits a plan for price regulation 3 8 after the board adopts rules relating to unbundling may file a 3 9 rate proceeding under section 476.3 or 476.6 and the board may 3 10 approve rates designed to comply with those rules which allow 3 11 the carrier to recover the established regulated revenue 3 12 requirement and that implement the board's approved rate 3 13 design established in the tariff proceeding. 3 14 (4) The plan shall provide for both increases and 3 15 decreases in the prices for basic communications services 3 16 reflecting annual changes in inflation and productivity. 3 17 Prior to January 1,19982000, the board shall use the gross 3 18 domestic product price index, as published by the federal 3 19 government, for an inflation measure, and two and six-tenths 3 20 percentage points for a productivity measure.AfterOn or 3 21 after January 1,19982000, the board by rule may adopt 3 22 current measures of inflation and productivity. 3 23 Sec. 3. Section 476.97, subsection 3, paragraph a, Code 3 24 1997, is amended by adding the following new subparagraph: 3 25 NEW SUBPARAGRAPH. (1A) The board, during the term of the 3 26 plan for a local exchange carrier with five hundred thousand 3 27 or more access lines in this state, may consider further 3 28 reductions toward economic costs in the local exchange 3 29 carrier's average intrastate access service rates. The board 3 30 may consider offsetting such reductions by an explicit subsidy 3 31 replacement to the extent that such offsets are competitively 3 32 neutral. In determining economic costs of access service the 3 33 board shall consider all relevant costs of the service 3 34 including shared and common costs of the local exchange 3 35 carrier. 4 1 Sec. 4. Section 476.98, Code 1997, is amended to read as 4 2 follows: 4 3 476.98 EARNINGS CALCULATION AND REPORT. 4 4 The consumer advocate shall calculate an estimate of the 4 5 return of a local exchange carrier operating under price 4 6 regulation pursuant to section 476.97 as if the carrier were 4 7 subject to rate-of-return regulation. The calculation shall 4 8 be based upon the annual report of such carrier and other 4 9 information provided to the consumer advocate by the carrier. 4 10 The calculation shall be made every two years beginning 4 11 following the end of the second calendar year after the year 4 12 in which the plan becomes effective. Notwithstanding section 4 13 476.1D, subsection 4, the consumer advocate shall make two 4 14 calculations pursuant to this section with one calculation 4 15 taking into account the investment, revenues, and expenses 4 16 associated with the sale of classified directory advertising, 4 17 and one calculation not taking into account such investment, 4 18 revenues, and expenses. The consumer advocate shall provide a 4 19 written report to the general assembly including the results 4 20 of this calculation on or before July 1 of the year 4 21 immediately following the two-year period for which a 4 22 calculation is made. If, after a review of the information 4 23 used to make the calculation required in this section, the 4 24 consumer advocate determines that the public interest would be 4 25 better served by a different form of rate regulation, the 4 26 consumer advocate shall provide a recommendation that the 4 27 general assembly direct the utilities board to implement a 4 28 different form of rate regulation. 4 29 Sec. 5. Section 476.101, Code 1997, is amended by adding 4 30 the following new subsection: 4 31 NEW SUBSECTION. 9. A telecommunications carrier, as 4 32 defined in the federal Telecommunications Act of 1996, shall 4 33 not do any of the following: 4 34 a. Use customer information in a manner which is not in 4 35 compliance with 47 U.S.C. } 222. 5 1 b. Disparage the services offered by another 5 2 telecommunications carrier through false or misleading 5 3 statements. 5 4 c. Take any action that disadvantages a customer who has 5 5 chosen to receive services from another telecommunications 5 6 carrier. 5 7 SF 2380 5 8 mj/cc/26
Text: SF02379 Text: SF02381 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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