2nd Sub. H.B. 115
         TELECOMMUNICATIONS AMENDMENTS

Senate Floor Amendments

March 3, 1998 9:16 AM



Senator Mansell proposes the following amendments:

1.    Page 1, lines 23-25
    Lilac 2-27-98:    After "elements" insert a period and delete the remainder of lines 23 through 25

2.    Page 3, Lines 8-9
    Lilac 2-27-98:    After "finds that" delete "extraordinary conditions exist that warrant" and after "date" insert "is necessary to afford due process"

3.    Page 3, Lines 13-14
    Lilac 2-27-98:    After "finds that" delete "extraordinary conditions exist that warrant" and after "action" insert "is necessary to afford due process"

4.    Page 4, Lines 12a-12w
    Lilac 2-27-98:    Delete lines 12a through 12w and insert:
        "(c) If considered appropriate by the commission, impose a penalty on the defendant telecommunications corporation:
        (i) of up to $4,000 per day if:
        (A) the violation is of the duties imposed under Section 54-8b-2.2, Section 251 of the Federal Telecommunications Act, the interconnection service quality rules, or an order of the commission relating to interconnection;
        (B) the violating telecommunications corporation is other than an incumbent telephone corporation with fewer than 50,000 access lines in this state; and
        (C) the commission finds that the violation was willful; or
        (ii) pursuant to Section 54-7-25.
        (d) No penalty may be imposed for a technical violation, but only if the plaintiff telecommunications corporation demonstrates that it has incurred actual economic harm as a result of the violation."

5.    Page 4a, Lines 12x-12ac
    Lilac 2-27-98:    Delete lines 12x through 12ac

6.    Page 4a, Line 13
    Lilac 2-27-98:    Delete "(5)" and insert "(4)"

7.    Page 4a, Line 24
    Lilac 2-27-98:    Delete "(6)" and insert "(5)"