February 26, 1999

Mr. President:

Your JUDICIARY COMMITTEE, to whom has been referred

has had it under consideration and reports same WITHOUT RECOMMENDATION, amended as follows:

1. Strike all Senate Corporations and Transportation Committee amendments.

2. On page 5, line 24, strike "its rules" and insert in lieu thereof "applicable laws, rules and orders".

3. On page 5, line 25, after "sanctions", insert ", including those pursuant to Section 63-7-23 NMSA 1978,".

4. On page 6, between lines 12 and 13, insert the following new subsection:

"E. Nothing in the Telecommunications Investment and Economic Development Act impairs authority granted to the commission by federal law with respect to wholesale services.".

5. On page 6, strike line 15 after "A.", strike line 16 through "no" and insert in lieu thereof "No".

6. On page 7, line 1, after the period, insert "After July 1, 1999, there is no obligation by a telecommunications carrier to make or satisfy a commission or court ordered price reduction.".

7. On page 7, line 3, strike "C and D" and insert in lieu thereof "C, D and E".

8. On page 7, line 13, after the period, insert "Prices for 911 service shall be established pursuant to applicable provisions of New

Mexico law and shall not be subject to change by a telecommunications carrier pursuant to this subsection.".

9. On page 7, line 14, strike "The" and insert in lieu thereof "Except as provided in Subsection G of this section, the".

10. On page 7, line 17, after "1998" insert ", except that the business dial tone access line service prices for a telecommunications carrier that serves more than two hundred fifty thousand access lines in New Mexico shall be capped at thirty-four dollars($34.00) during the five-year period".

11. On page 7, line 22, strike "or business".

12. On page 7, line 23, after "1998" insert ", or the thirty-four dollar ($34.00) cap for the business dial tone access line service".

13. On page 8, between lines 6 and 7, insert the following new subsection:

"E. Switched access charges of a telecommunications carrier that serves more than two hundred fifty thousand access lines in the state shall be capped at the approved prices for those services in effect on January 1, 1998. If switched access charges are reduced, either pursuant to the Telecommunications Investment and Economic Development Act or as an offset for a distribution from the New Mexico universal service fund, those services shall be capped at the reduced prices. The commission may increase the price cap for switched access charges upon a showing of good cause after notice and an opportunity for a hearing.".

14. Reletter the subsequent subsections accordingly.

15. On page 8, strike line 9 after the period, strike lines 10 through 16 and on line 17, strike "percent.".

16. On page 8, line 23, before "fund" insert "New Mexico universal service".

17. On page 9, line 7, after "G.", strike the remainder of the line, strike line 8, strike line 9 through "lines" and insert in lieu thereof "Notwithstanding the provisions of Subsection C of this section, a telecommunications carrier that serves less than two hundred fifty thousand access lines in the state".

18. On page 12, line 2, after the semicolon, insert "or".

19. On page 12, line 6, strike "; or" and insert in lieu thereof a period.

20. On page 12, strike lines 7 and 8.

Respectfully submitted,

_________________________________

Michael S. Sanchez, Chairman

Adopted_______________________ Not Adopted______________________

(Chief Clerk) (Chief Clerk)

Date ________________________

The roll call vote was 5 For 2 Against

Yes: 5

No: McSorley, Sanchez

Excused: Aragon

Absent: None

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