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Telecommunications Reports presents . . . . . TR's State NewsWire
February 6, 2001 8 A.M. Edition STATES ARIZONA -- Bill would end antitrust exemption for competitive services CONN. -- DPUC nixes service reclassification, OKs rest of Verizon `alt reg' plan TEXAS -- Counties would gain authority over wireless telecom facilities under bill TENNESSEE -- Bill would limit utilities' charges for pole attachments NORTH DAKOTA -- Legislators fight extension of Internet tax moratorium OREGON -- House OKs digital signature bill MICHIGAN -- Local calling areas to become larger for Ameritech, Verizon customers KENTUCKY -- PSC plans meeting to discuss `N11' pricing issues ILLINOIS -- Rep. Franks takes aim at telemarketers MISSISSIPPI -- Internet child protection bills advance ARIZONA -- Bill would change excise tax that funds emergency telecom services COMPETITIVE LOCAL ENTRY ARIZONA Bill would end antitrust exemption for competitive services The Arizona Legislature is considering a bill that would remove any competitive telecom service from an exemption of the Uniform State Antitrust Act. Current law exempts any conduct or activity of a public service corporation holding a certification of public convenience and necessity from the Act. The staff of the Democratic Caucus explained to TR that HB 2447 would apply only to competitive services, not to the companies as a whole. For example, the bill would affect services like Caller ID, call waiting, and three-way calling. The staff added that a similar bill that passed last year that removed competitive electricity generation service from the antitrust exemption. HB 2447, which was introduced by Rep. Bill Brotherton (D., District 20), awaits consideration by the House Energy, Utilities, and Technology Committee, the House Commerce and Economic Development Committee, and the House Rules Committee. ALTERNATIVE REGULATION CONNECTICUT DPUC nixes service reclassification, OKs rest of Verizon `alt reg' plan The Department of Public Utility Control has approved Verizon New York, Inc.'s revised proposed alternative regulation plan on the condition that the company remove certain service reclassification provisions. Connecticut law requires an incumbent local exchange carrier's (ILEC's) services to be classified as competitive, noncompetitive, or emerging-competitive. Verizon had proposed that all new services and new service packages offered during the plan would be "proposed as competitive, subject to the department's acceptance." Verizon also suggested designating its toll service offerings as competitive because the department already has classified such services as competitive for the Southern New England Telephone Co. (SNET), the state's other ILEC. The DPUC said the statute requires specific notice and hearing procedures before it can change the classification of an ILEC's service. The department decided it couldn't roll the statutory reclassification procedure into its tariff procedures. Turning to the reclassification of toll services, the department said that "although Verizon's presence in Connecticut is dwarfed by SNET's presence," Verizon is the incumbent telco in its two territories and "arguably maintains the same presence as SNET when compared to competitive local exchange companies." The DPUC concluded that Verizon can't use its revised "alt reg" plan to "circumvent" the statutory reclassification requirements. It also concluded that Verizon hadn't provided any evidence detailing the status and level of competition in its territories. The department found the rest of the plan acceptable, including the elimination of the $2.07 touch tone charge for residential customers, representing a $830,000 revenue reduction over the 3-year life of the plan. The revised plan also commits Verizon to previously established service-quality requirements. The department told Verizon to resubmit the plan, minus the service reclassification provisions, by Feb. 15. (Docket no. 99-03-06, Application of the New York Telephone Co. for Alternative Regulation) STATE & LOCAL GOVERNMENT TEXAS Counties would gain authority over wireless telecom facilities under bill Rep. Robert Cook (D., District 28) has introduced a bill that would give counties authority to regulate wireless communications facilities, including collocated or shared facilities. HB 1148 would allow the counties to require companies to seek permits for constructing, expanding, or removing a tower or other facility. The bill also would authorize the counties to impose fees to cover the cost of regulating the facilities. The counties would be able to regulate the height, lighting, location, and removal of the towers or other facilities. HB 1148 additionally establishes a set of procedures a person must complete before constructing a wireless communications facility. FUTURE OF REGULATION TENNESSEE Bill would limit utilities' charges for pole attachments Sen. William C. Clabough (R., District 8) has introduced SB 1217 to restrict the amount utilities could request or receive from telephone companies or cable TV providers for attaching facilities to the utilities' poles. Utilities would have to comply with SB 1217 and other applicable laws in granting permission for pole attachments. The bill also would require utilities to offer access to their poles and conduits located in public rights-of-way to any telephone company or cable TV provider that requested such access. Utilities could deny requests for pole attachments only if access wasn't technically viable. Telephone companies and cable TV providers that were refused permission to attach facilities to a utility's poles could file a lawsuit for a declaratory judgment or injunction, or both. The bill's text is available at http://www.legislature.state.tn.us/bills/currentga/BILL/SB1217.pdf. INTERNET NORTH DAKOTA Legislators fight extension of Internet tax moratorium A resolution introduced in the House would urge the U.S. Congress to reject any attempt to extend the Internet Tax Freedom Act's moratorium on state and local taxes on Internet access and electronic commerce transactions. The moratorium expires Oct. 21. Reps. Francis Wald (R., District 37), George Keiser (R., District 47), and Mike Timm (R., District 5) and Sens. Judy Lee (R., District 13), Tim Mathern (D., District 11), and Herb Urlacher (R., District 36) introduced HCR 3012. INTERNET OREGON House OKs digital signature bill The House has approved a bill to require the Department of Administrative Services to adopt rules for the use of digital signature by state agencies. HB 2040 would require the adoption of rules to ensure adequate integrity, security, and confidentiality of state agency e-commerce transactions. The rules also would need to ensure that transactions could be audited. The Joint Legislative Committee on Information Management and Technology requested the introduction of HB 2040 on behalf of the Oregon Internet Commission. NETWORK MANAGEMENT MICHIGAN Local calling areas to become larger for Ameritech, Verizon customers The Public Service Commission yesterday determined that local calling area should be defined as the "home exchange to which a customer's local access line is assigned as specified in the maps and boundary descriptions of the incumbent local telephone service provider's tariffs." The commission adopted the definition pursuant to a provision of a recent amendment to the Michigan Telecommunications Act. (7/7/00 p.m.) The provision requires calls made to calling areas adjacent to the caller's local calling area to be considered and billed as local calls. The PSC determined that the statutory provision doesn't create a new service and thus prohibits setting a rate for expanded local calling as a new service. Carriers must charge the same rate that they have been charging for local calls. They may make adjustments in customers' access areas (and thus the associated access charges) or rate groups for basic local exchange service. The commission's order is available at http://cis.state.mi.us/cgi-bin/mpsc/vieworder.cgi?filename=/mpsc/orders/comm/2 001/u-12515b.htm. (Case nos. U-12515, U-12528) CUSTOMER-AFFECTING KENTUCKY PSC plans meeting to discuss `N11' pricing issues The Public Service Commission has scheduled a Feb. 13 conference with Cincinnati Bell Telephone Co. and the Kentucky Transportation Cabinet to discuss pricing issues related to "N11" abbreviated dialing codes. Specifically, the PSC intends to address the proposed contract between Cincinnati Bell and the Transportation Cabinet for converting access to travel and information services from the "211" code to "511" code. In addition, Cincinnati Bell will be expected to defend its proposed price for providing 511 service to the cabinet. In November 1997 the PSC required Cincinnati Bell to allocate the 211 dialing code to the cabinet for a trial period. Then, in July 2000 the FCC ruled that the 511 dialing code should be used for travel information. Last fall the PSC assigned the 511 dialing code in Cincinnati Bell's service area to the state's transportation cabinet to serve as a travel and safety information service. (11/1/00 a.m.) In January the PSC reopened its investigation into the allocation of N11 dialing codes in response to BellSouth Telecommunications, Inc.'s Dec. 11, 2000, filing of tariffs to provide 511, 211, and "711" services. (1/16/01 a.m.) (Administrative case no. 343 - In the Matter of Investigation into the Assignment of Abbreviated N11 Dialing Codes) CUSTOMER-AFFECTING ILLINOIS Rep. Franks takes aim at telemarketers Rep. Jack D. Franks (D., Woodstock) has introduced HB 570 to require telemarketers to register with the attorney general, obtain a surety bond, and maintain certain business records. The measure would require the AG to charge "reasonable" application and renewal fees. Telemarketers would have to disclose their identity, purpose for calling, and the nature of the goods or services being offered during a telephone solicitation. They would have to provide written notice to customers 10 days after completing a sale. The AG would have the authority to enforce any provisions of the legislation as an unawful act under the state's Consumer Fraud and Deceptive Business Practices Act. INTERNET MISSISSIPPI Internet child protection bills advance Two bills that aim to protect children from sexual exploitation over the Internet have passed their first hurdles in the Legislature. HB 1140, introduced by Rep. Jamie Franks Jr. (D., District 19), has passed the House. The bill would ban the use of the Internet to transport visual depictions of children engaging in sexually explicit acts. (1/22/01 a.m.) SB 2146, sponsored by Sen. Terry C. Burton (D., District 31), has cleared the Senate. The bill would prohibit using the Internet to distribute "indecent materials" with the intent of seducing a minor. (1/23/01 a.m.) NETWORK MANAGEMENT ARIZONA Bill would change excise tax that funds emergency telecom services Sen. Susan Gerard (R., District 18) has introduced a bill that would alter the tax levied to fund the state emergency telecom services fund. SB 1504 would levy a tax of 37.5 cents per month for each activated wireline and wireless service account. Under current law, the tax on wireline carriers is a percentage of their gross proceeds, and wireless carriers are assessed a flat tax. SB 1504 awaits consideration by the Senate Finance Committee and the Senate Rules Committee. Federal law prohibits duplication in any form, including electronic, without permission of the publisher. TR's 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 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 Account Services: Eileen Callahan (202) 312-6116, (202) 842-3023 (fax) E-mail: ecallahan@tr.com
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