SOURCE: Page 2, line 26; (01)MO118103.2. -->
Page 2, between lines 26 and 27, begin a new paragraph and insert
the following:
"
(f) If the commission imposes a civil penalty under subsection
(d) a competitive local exchange carrier (CLEC) because of the
failure of an incumbent local exchange carrier (ILEC) to provide
the CLEC with:
(1) adequate network access; or
(2) other wholesale services;
needed by the CLEC to provide telecommunications service, the
CLEC may recover from the ILEC the amount of any civil
penalties imposed under subsection (d). The remedy provided
under this subsection is in addition to any other remedy available
to the CLEC by law.".
Page 2, line 27, delete "(f)" and insert "
(g)".
Page 2, line 34, delete "(g)" and insert "
(h)".
Page 2, line 40, delete "(h)" and insert "
(i)".
Page 3, line 6, delete "(i)" and insert "
(j)".
Page 4, between lines 7 and 8, begin a new paragraph and insert the
following:
"
(d) If a competitive local exchange carrier (CLEC) is unable to
comply with subsection (b) because of the failure of an incumbent
local exchange carrier (ILEC) to provide the CLEC with:
(1) adequate network access; or
(2) other wholesale services;
needed by the CLEC to provide telecommunications service, the
CLEC may recover from the ILEC the amount of any civil
penalties imposed on the CLEC under section 115.1 of this chapter.
The remedy provided under this subsection is in addition to any
other remedy available to the CLEC by law.".
(Reference is to HB 1181 as printed February 9, 2001.)
________________________________________
MO118103/DI 103 2001