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STATES
NEW JERSEY -- Bill sets market share test for promoting local competition INDIANA -- URC to investigate Ameritech service quality MISSOURI -- Bill targets Web sites that force computers to dial long distance numbers MONTANA -- Committee OKs Uniform Electronic Transactions Act INDIANA -- URC gives interim approval to parts of Ameritech UNE tariff CALIFORNIA -- PUC approves interim performance assessment plan OREGON -- PUC wants contested cases to go to state appeals court MONTANA -- Senate passes bill keeping '911' fund interest 'in the system' INDIANA -- URC seeks comment on scope of UNE proceeding ARKANSAS -- Rep. Hunt seeks to clarify computer crime law OHIO -- PUC to hold hearings on '614' area code relief proposals SECTION 251/252 NEW JERSEY Bill sets market share test for promoting local competition Sen. Robert W. Singer (R., District 30) has introduced SB 1522 to "establish conditions necessary for genuine competition to develop in the local exchange telephone market." The measure lays out standards and procedures that would apply to each incumbent local exchange carrier (ILEC) until its market share in its local service territory declined to 50% or below. The Board of Public Utilities would have to hold a "cost-of-service" hearing within 45 days of the law's effective date to determine an ILEC's actual service costs, including costs of providing unbundled network elements to competitors. In analyzing costs, the BPU would have to use "parameters consistent with those established by the FCC." The BPU would have to hold subsequent cost-of-service hearings every two years to provide for appropriate rate adjustments. After each hearing, the ILECs would have to file new rate tariffs with the BPU to reflect "actual costs of service, plus an authorized rate of return up to a maximum of 10%." The bill includes provisions to make sure "ILECs offer to lease network elements to competing local exchange carriers [CLECs]" and "otherwise conduct their business in nondiscriminatory ways with regard to CLECs." "Immediately following" the law's effective date, the BPU would have to order full testing of the ILEC's operations support systems (OSSs). The board couldn't certify an OSS as functional unless the testing "unequivocally" demonstrated that it met the same standards as required for systems used for switched interexchange service. The OSS would have to pass a 90-day commercial availability test before certification. After the initial hearing, switched access rates would have to be reduced to cost. Unless cost data supported higher rates, the BPU would have to set access rates at no higher than $.008 per minute for local switching charges and $.00175 per minute for originating and terminating nontraffic-sensitive switched usage rates. Another provision of the bill deems local calls to Internet service provider to be "local call[s] for reciprocal compensation purposes." The bill aims to protect consumers by directing the BPU to establish a universal service fund (USF) that would be funded by all telephone service providers. The USF would provide discounted service for eligible schools and libraries and provide support for service in high-cost areas. The measure would require creation of a Lifeline service program. The BPU would have to develop comprehensive performance standards, reporting requirements, service quality measurements, and enforcement mechanisms to ensure that service isn't degraded, and competitors aren't disadvantaged in the competitive marketplace. SB 1522 has been referred to the Commerce Committee. An identical version (AB 3122) sponsored by Assemblywoman Rose Marie Heck (R., District 38) has been introduced in the Assembly. The text of SB 1522 is available at http://www.njleg.state.nj.us/2000/Bills/s2000/1522_i1.htm. CUSTOMER-AFFECTING INDIANA URC to investigate Ameritech service quality The Utility Regulatory Commission yesterday opened a formal investigation of Ameritech-Indiana's service quality. The commission acknowledged that the company's service quality has improved during the last few months but said it's concerned that during 2000 the company didn't meet service quality standards required by law. The URC said its investigation will require Ameritech to "convince the commission why enforcement action should not be taken." According to the URC, Ameritech doesn't comply with the state law requirement to restore all service outages within 24 hours of the time they're reported. (170 IAC 7-1.1-11(E)(1)) Ameritech managed to comply with the requirement just 85.3% of the time during the first quarter of 2000, 81.4% of the time during the second quarter, and 66.2% during the third quarter. The URC said Ameritech's performance falls short of compliance with the state law requirement that it fulfill at least 90% of all requests for new primary service in any month within 5 days. (170 IAC 7-1.1-11(A)(2)) Ameritech complied with the standard 86% of the time during first quarter 2000, 85.5% during the second quarter, and 88.6% during the third quarter. It said Ameritech also fails to meet the standard requiring it to make all reasonable efforts to provide adequate personnel so that under normal operating conditions, at least 80% of calls to business office and repair service are answered within 20 seconds after the beginning of a ring, the URC said. Ameritech's average response to answer phone calls in 2000 ranged from a low of 62.5 seconds in January to a high of 222.7 seconds in August, it said. INTERNET MISSOURI Bill targets Web sites that force computers to dial long distance numbers Sen. John Loudon (R., District 7) has proposed a bill to prohibit Web site operators from causing users' computers to dial long distance numbers without informing the users. SB 70 would add a new section to Chapter 570, RSMo. Web site operators who violated the new section could be charged with a "class A" misdemeanor if related long distance charges were $150 or less. If the charges totaled more than $150, the Web site operator could be charged with a "class C" felony. SB 70 has been referred to the Civil and Criminal Jurisprudence Committee. Its text is available at http://www.senate.state.mo.us/01info/billtext/intro/SB070.htm. INTERNET MONTANA Committee OKs Uniform Electronic Transactions Act The state House Business and Labor Committee has approved a Uniform Electronic Transaction Act to prohibit anyone from denying legal effect or enforceability to a record or signature solely because it's in electronic form. (1/3/01 p.m.) Each government agency would be able to determine whether and to what extent it would send and accept electronic records and electronic signatures. The committee amended the bill to state that government agencies wouldn't be limited to specific types of technologies. HB 234 states that electronic signatures would be valid only if all parties agreed to conduct a transaction electronically. If a party agreed to conduct one transaction by electronic means, the party could refuse to conduct other transactions electronically. This right to opt out of electronic transactions couldn't be waived. Secretary of State Mike Cooney (D.) is the sponsor of HB 234, which awaits consideration on the House floor. SECTION 251/252 INDIANA URC gives interim approval to parts of Ameritech UNE tariff The Utility Regulatory Commission yesterday gave interim approval to the terms and conditions portion of Ameritech-Indiana's proposed unbundled network element (UNE) tariff. The interim approval is subject to challenge in a formal pleading by any competitive local exchange carrier, other party to the case, or the commission's own motion to investigate a specific term or condition. The URC gave final approval, however, to the tariff's rates and charges.. The URC said it's concerned that "a tariff containing finally approved terms and conditions may become not only the minimum conditions for interconnection but also the maximum conditions any CLEC can negotiate. We believe this result would improperly limit future negotiations between [incumbent local exchange carriers] and CLECs to limit the choice available under section 252 of [the federal Telecommunications Act of 1996]." The commission said it isn't sure how an interconnection agreement and an interconnection service arrangement that is tariffed would interact. For example, the URC questioned whether a CLEC could have an interconnection agreement but still buy interconnection services out of a tariff. (Cause no. 40611 - In the Matter of the Commission Investigation and Generic Proceeding on Ameritech-Indiana's Rates for Interconnection, Service, Unbundled Elements, and Transport and Termination Under the Telecommunications Act of 1996 and Related Indiana Statutes) SECTION 251/252 CALIFORNIA PUC approves interim performance assessment plan The Public Utilities Commission has approved an interim performance assessment plan for Pacific Bell and Verizon California, Inc., that seeks to identify and prevent or remove any barriers to telecom competition. The federal Telecommunications Act of 1996 requires all incumbent local exchange carriers to provide competing carriers access to the incumbent's infrastructure, such as operation support systems (OSSs). Within the plan, the PUC created a set of procedures for assessing the performance measurement results to identify competitive barriers. The commission also concluded that the interim pilot test period would assist the PUC in determining the appropriate levels of long-term economic incentives. The plan's details are available at http://www.cpuc.ca.gov/PUBLISHED/AGENDA_DECISION/4344.htm. (Rulemaking 97-10-016 and Investigation 97-10-017) FUTURE OF REGULATION OREGON PUC wants contested cases to go to appeals court The Public Utility Commission has sponsored a bill to remove one layer from the process parties encounter when contesting a PUC decision. HB 2179 would require all cases challenging PUC decisions to go straight to the appeals court, rather than first going to the circuit court and then to the appeals court. The PUC staff told TR that most public utility commissions already operate in this manner. The staff said that in supporting the legislation, the commission wants to accelerate the review process and reduce unnecessary steps and costs. The staff said eliminating the circuit court level could make for a more "stable" environment. HB 2179 also could help the Marion County Circuit Court, which receives the majority of cases contesting PUC decisions. According to the PUC staff, the circuit court is asking the county for more money, in part because of all the cases it receives from the commission. The commission's headquarters is located in Marion County. NETWORK MANAGEMENT MONTANA Senate passes bill keeping '911' fund interest 'in the system' The state Senate has approved SB 112 to allow any interest earned on funds deposited into a "911" account to be retained by the 911 system, rather than being lumped into the state's general funds. (12/19/00 p.m.) According to a fiscal note on SB 112, the bill would conform the statutes to current practice. The measure, which was introduced by Sen. Linda Nelson (D., District 49), awaits committee referral in the House. SECTION 251/252 INDIANA URC seeks comment on scope of UNE proceeding The Utility Regulatory Commission has requested comments by Feb. 2 on unbundled network element (UNE) issues it should address in a new subdocket. Replies are due Feb. 16. The commission opened the subdocket in August 2000 to address the issue of line sharing. Covad Communications Co. and Rhythms Links, Inc., had asked the URC to address the issue in its investigation of Ameritech-Indiana's proposed UNE tariff, but the commission found it wasn't appropriate to address it within that investigation. The URC also has set other issues aside for the docket, such as shared transport and loop conditioning. (Cause no. 40611-S1 - In the Matter of the Commission Investigation and Generic Proceeding on Ameritech-Indiana's Rates for Interconnection, Service, Unbundled Elements, and Transport and Termination Under the Telecommunications Act of 1996 and Related Indiana Statutes) INTERNET ARKANSAS Rep. Hunt seeks to clarify computer crime law Rep. Russ Hunt (R., District 68) has introduced HB 1231 to amend the state's computer crime law to define terms such as "computer virus" and "aggravated computer trespass." It would amend Arkansas Code 5-41-102. The amendment would define a computer virus as "any computer instruction, information, data or program that degrades the performance of a computer resource; disables, damages or destroys a computer resource; or attaches itself to another computer resource and executes when the host computer program, data or instruction is executed or when some other event takes place in the host computer resource, data or instruction." Aggravated computer trespass would be defined as the willful introduction of a virus into a computer system or the dissemination of a password or other sensitive computer-related information. HB 1231 would classify aggravated computer trespass as a "class D" felony. The bill would specify the damages that a computer crime victim could seek. The term "damages" would include profits lost while a computer system was down, the cost of restoring data, and the expenses incurred in fixing or replacing any affected parts of the system. HB 1231 has been referred to the House Judiciary Committee. Its full text is available at http://www.arkleg.state.ar.us/ftproot/bills/2001/htm/HB1231.pdf. NETWORK MANAGEMENT OHIO PUC to hold hearings on '614' area code relief proposals The Public Utilities Commission yesterday scheduled two hearings for Feb. 7 to receive public comment on proposals to relieve exhaustion of the "614" area code. The first hearing is scheduled for 10 a.m., and the second is scheduled for 7 p.m. Both will be held at the PUC's offices in Columbus. The "614" area code relief planning team has proposed either an all-services "overlay" or a geographic "split" to relieve NXX code exhaustion. Under the geographic split option, all the exchanges surrounding the Columbus exchange would be on one side, and only the Columbus exchange would be on the other. (Case no. 00-1260-TP-COI - In the Matter of the Commission's Investigation into Exhaust Relief for Area Code 614) Federal law prohibits duplication in any form, including electronic, without permission of the publisher. TR State NewsWire Copyright 1998, 1999, 2000 Telecommunications Reports International, Inc. (ISSN 1082-9350) is transmitted each business day at 8 a.m. and 2 p.m., except holidays. Telecommunications Reports International, Inc. 1333 H St. NW, Suite 100-E Washington, DC 20005-4707 Editor: George E. Brandon, E-mail: gbrandon@tr.com Associate Editor for Online Publications: Jennifer Erschen, E-mail: jerschen@tr.com Senior Legislative & Regulatory Analyst: Gayle Kansagor, E-mail: gkansagor@tr.com Senior Research Analyst: Steve Arlowe, E-mail: sarlowe@tr.com Senior Analyst: Barney McManigal, E-mail: bmcmanigal@tr.com Research Analyst: Brandi Kerns, E-mail: bkerns@tr.com Account Services: Eileen Callahan (202) 312-6116, (202) 842-3023 (fax) E-mail: ecallahan@tr.com
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