Bill Text: IA SF2132 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to matters under the purview of the utilities division of the department of commerce. (Formerly SSB 3092.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2014-03-14 - Referred to Commerce. H.J. 499. [SF2132 Detail]
Download: Iowa-2013-SF2132-Introduced.html
Senate
File
2132
-
Introduced
SENATE
FILE
2132
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
SSB
3092)
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
5298SV
(1)
85
rn/nh
S.F.
2132
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
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2132
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
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2132
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
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2132
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
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2132
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.
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