144fa

___________________ moved that SB 144 be amended as follows:

     On page 5, after line 13 of the printed bill, insert:

"
     Section 8. That chapter 49-31 be amended by adding thereto a NEW SECTION to read as follows:

     Any originating carrier who delivers local telecommunications traffic to a terminating carrier, directly, or indirectly through a transiting carrier, shall, upon request of the terminating carrier, negotiate a transport and terminating agreement with the terminating carrier pursuant to 47 U.S.C. § §  251(b)(5) and 252(d)(2) as of January 1, 2004. The agreement shall establish the rates, terms, and conditions for termination of such local traffic. The agreement shall also establish the means and methods by which the originating carrier will provide to the terminating carrier all of the information necessary to permit the terminating carrier to identify, measure, and appropriately charge the originating carrier for the termination of the local traffic. If an originating or terminating carrier refuses to negotiate and execute an agreement as provided by this section, or if a carrier refuses to comply with the agreement once executed, a carrier may file a complaint with the commission seeking enforcement of this section or the agreement.".