March 3, 1999

Mr. Speaker:

Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE BILL 470, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 8, line 1, strike "three" and insert in lieu

thereof "two".

2. On page 8, line 4, strike "three" and insert in lieu

thereof "two".

3. On page 9, lines 23 and 24, strike "or a non-

telecommunications service".

4. On page 10, line 10, strike "or a non-telecommunications

service".

5. On page 11, between lines 5 and 6, insert the

following subsection:

"M. No telecommunications carrier shall require an end-user residence or business customer that uses a residence or business dial tone access line to gain access to the internet to pay local measured usage charges or any other per minute of use charges to gain that access. This provision does not preclude the application of long distance charges by a telecommunications carrier if the end-user residence or business customer must use long distance service to gain access to the internet."

6. On page 14, line 5, strike "Within sixty", strike lines 6 through 19 and insert in lieu thereof:

"On July 1, 1999, a telecommunications carrier that serves more than two hundred fifty thousand access lines in the state shall sign an agreement with the state, to be executed on behalf of the state by the governor, identifying and guaranteeing specific investments in the amount of forty million dollars ($40,000,000) in telecommunications infrastructure and other equipment that the telecommunications carrier will make, in addition to deploying fiber to Farmington, New Mexico, all to be completed by December 31, 2001. To monitor and review the progress of the deployment of the telecommunications infrastructure and equipment, the telecommunications carrier shall report quarterly to the legislative "telecommunications investment and economic development committee", hereby created. The committee shall have six members from which the members shall elect a chair. The committee is composed of three members of the senate appointed by the president pr tempore of the senate and three members of the house of representatives appointed by the speaker of the house of representatives. No more than two members from either chamber shall be from the same political party. Disputes arising pursuant to the agreement described in this section shall be resolved through binding arbitration before a single arbitrator selected by the presiding judge of the first judicial district. Arbitration may be demanded by either party and, once invoked, shall commence within ten days.",

and thence referred to the APPROPRIATIONS AND FINANCE

COMMITTEE.

Respectfully submitted,

R. David Pederson, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 8 For 1 Against

Yes: 8

No: Stewart

Excused: Godbey, Luna, T. Taylor

Absent: None

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