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STATES
WISCONSIN -- Gov. Thompson nominates Garvin to PSC GEORGIA -- BellSouth, AT&T agree to $19 million access charge reduction CALIFORNIA -- Group appeals to Davis; says taxpayers shouldn't foot Duque's legal bill MISSOURI -- Bill would require election of PSC commissioners MISSISSIPPI -- Bill seeks to prevent 'slamming' MONT.-- Bill requiring carriers to aid telemarketing probes moves to House floor OKLAHOMA -- SW Bell expands UNE discount list KENTUCKY -- PSC to revisit N11 dialing codes CONNECTICUT -- Lawmakers consider telecom consumer protection bills CONNECTICUT -- Bill would make Siting Council follow local zoning regs NEW HAMPSHIRE -- PUC mulls fines for two rural ILECs and their officers NORTH DAKOTA -- Bill would require carriers to develop high-usage policy REGIONAL Second workshop set on Qwest market entry bid Qwest says it's improving customer service STATE & LOCAL GOVERNMENT WISCONSIN Gov. Thompson nominates Garvin to PSC Gov. Tommy Thompson (R.) has nominated Robert Garvin to the Public Service Commission to fill the vacancy that will be created when John H. Farrow, who has asked not to be reappointed when his term expires March 1, steps down. The nomination is subject to Senate confirmation. Garvin has been an executive assistant at the PSC since June 1998, responsible for managing the commission's daily operations and providing legal and policy advice on a variety of regulatory matters. Previously, he was the commission's staff attorney and legislative liaison. Gov. Thompson also reappointed Ave Bie as chairwoman of the three-member commission. She's serving a term that expires in 2005. CUSTOMER-AFFECTING GEORGIA BellSouth, AT&T agree to $19 million access charge reduction The Public Service Commission announced that BellSouth Telecommunications, Inc., has agreed to reduce its access charges by $19 million. The reduction follows private negotiations between BellSouth and AT&T Corp. Beginning July 1, 2001, Georgia will have "among the lowest regional Bell operating company rates in the nation," the PSC stated. STATE & LOCAL GOVERNMENT CALIFORNIA Group appeals to Davis; says taxpayers shouldn't foot Duque's legal bill The Foundation for Taxpayer and Consumer Rights has asked Gov. Gray Davis (D.) to intervene and reverse a Public Utilities Commission decision that taxpayers should pay Public Utilities Commissioner Henry Duque's (R.) legal fees defending against conflict-of-interest charges. The foundation filed a lawsuit in late December in San Francisco County Superior Court seeking to remove Duque from office. The complaint alleges that Duque owned stock in a company regulated by the PUC, Nextel Communications, Inc., in violation of a state law prohibiting commissioners from holding stock in the companies they regulate. (1/2/01 p.m.) The foundation said a Public Records Act request revealed that PUC President Loretta Lynch (D.) decided that taxpayer money should be used for Duque's legal defense. (12/11/00 a.m.) The foundation says there's no legal requirement that the commission pay Duque's legal fees. "The PUC should not be committing public resources to defend Mr. Duque for illegal acts clearly outside the scope of his public duties," it said. The foundation also pointed to a Nov. 29 opinion issued by state Attorney General Bill Lockyer (D.) that cleared the way for the foundation's lawsuit. In that opinion, Lockyer concluded, "It would, therefore, appear that the defendant's office became vacant immediately upon his acquisition of the 700 shares of Nextel on May 12, 1999. The fact that the defendant subsequently disposed of the prohibited interest is immaterial and did not operate to restore him to the vacated office." Under California law, the AG must approve all quo warranto lawsuits filed by private individuals in the name of the state of California. Quo warranto lawsuits are civil actions filed in an attempt to force a public official to forfeit an office for misconduct. (12/6/00 a.m.) FUTURE OF REGULATION MISSOURI Bill would require election of PSC commissioners Sen. Doyle Childers (R., District 29) has introduced a resolution that would provide for the election of nine members to the Public Service Commission, one from each U.S. congressional district. Currently, the governor appoints the PSC's four members. SJR 6 has been referred to the Senate Financial and Governmental Organization, Veterans' Affairs, and Elections Committee. CUSTOMER-AFFECTING MISSISSIPPI Bill seeks to prevent 'slamming' Rep. Stephen Holland (D., District 16) has introduced a bill that would prohibit telecom companies from changing a consumer's service provider without authorization. HB 785 would require a company to receive written authorization from the consumer, toll-free electronic authorization from the telephone number in question, or oral authorization from an independent third party before changing a subscriber's service. The service provider also would have to send the subscriber written verification of the change within 30 days. A customer who paid service charges after an unauthorized change of service had occurred would be able to inform his or her authorized carrier of the situation. The authorized company then could ask the allegedly unauthorized company for evidence confirming the consumer's request to switch providers. The allegedly unauthorized service provider would have to respond within 10 days either by sending a confirmation of the subscriber's request to change companies or compensating the subscriber in an amount equal to what the subscriber paid to the unauthorized company. HB 785 would allow the Public Service Commission to ask the attorney general to review potential slamming violations. The AG could order a civil penalty of up to $2,000 for each violation. The PSC would have to promulgate rules to enact the legislation. HB 785 has been referred to the House Public Utilities Committee. CUSTOMER-AFFECTING MONTANA Bill requiring carriers to aid telemarketing probes moves to House floor The House Business and Labor Committee has passed a bill that would require local exchange carriers (LECs) and interexchange carriers (IXCs) to cooperate with Department of Commerce investigations of alleged violations of the state's Telemarketing Registration and Fraud Prevention Act. The bill (HB 84) has passed its second reading in the House by a 58-41 vote. It now advances to the House floor to be considered for passage to the Senate. HB 84, which was sponsored by Rep. Trudi Schmidt (D., District 42), originally would have applied only to LECs, but the Business and Labor Committee amended the bill to apply to IXCs as well. (12/4/00 p.m.) The telemarketing act prohibits sellers or telemarketers from engaging in acts such as (1) requesting a fee to remove derogatory information from or to improve a person's credit history; (2) using threatening, intimidating, or profane language; or (3) behaving in a manner that a reasonable person would consider annoying, abusive, or harassing. SECTION 251/252 OKLAHOMA SW Bell expands UNE discount list Southwestern Bell Telephone Co. has expanded the discount unbundled network element (UNE) items available for lease to competitors in Oklahoma on a nondiscriminatory basis. The company expanded its list during negotiations with the state Corporation Commission regarding its alternative regulation rules. At that time, SW Bell agreed to discounts on a list of unbundled network elements that are needed most by competitors. The expanded list of discounts is included in an interconnection agreement SW Bell negotiated with Logix Communications Enterprises, Inc. The agreement calls for discounts of up to 25% on the nonrecurring charges on UNEs designed to bring the rates charged in Oklahoma in line with lower UNE rates recently approved in Texas and Kansas. Commission Chairman Bob Anthony said, "Taken together, the alternative regulation rules and the expanded list included in the Logix interconnection agreement bring Oklahoma in line with the lowest UNE rates charged within the Southwestern Bell region." CUSTOMER-AFFECTING KENTUCKY PSC to revisit N11 dialing codes The Public Service Commission has decided to reopen its investigation of the allocation of N11 dialing codes. The commission's decision responds to BellSouth Telecommunications, Inc.'s Dec. 11, 2000, filing of tariffs to implement the "511," "211," and "711" dialing codes. In its third report and order on reconsideration (FCC Docket no. 92-105), the FCC assigned the "511" dialing code for traveler information, the "211" dialing code for access to communication information and referral services, and the "711" dialing code for telecom relay service. (Administrative case no. 343 - In the Matter of Investigation into the Assignment of Abbreviated N11 Dialing Codes) CUSTOMER-AFFECTING CONNECTICUT Lawmakers consider telecom consumer protection bills Three telecom consumer protection bills have been introduced in the Senate. Sen. Judith G. Freedman (R., District 26) has introduced a bill (SB 183) that would require companies to provide a written address on bills or in directories where customers can send complaints. She also has introduced a bill (SB 184) that would require phone companies to establish a common toll-free, three-digit number for customers to call to report telephone outages. Sen. Stephen R. Somma (District 16) has introduced a bill (SB 238) that would mandate a reduction in the rate for long distance dialing blocking charged to elderly or disabled persons living in a special care facility such as a nursing home. The three bills have been referred to the Joint Energy and Technology Committee. The text of SB 183 is available at http://www.cga.state.ct.us/2001/tob/s/2001SB-00183-R00-SB.htm. SB 184's text is available at http://www.cga.state.ct.us/2001/tob/s/2001SB-00184-R00-SB.htm. The text of SB 238 is available at http://www.cga.state.ct.us/2001/tob/s/2001SB-00238-R00-SB.htm. WIRELESS CONNECTICUT Bill would make Siting Council follow local zoning regs State Rep. Philip F. Prelli (R., District 63) has introduced legislation (HB 5078) that would require the Connecticut Siting Council to "adhere to all previously enacted local zoning ordinances and regulations" when choosing sites for telecom towers. The bill has been referred to the Committee on Energy and Technology. The bill's text is available at http://www.cga.state.ct.us/2001/tob/h/2001HB-05078-R00-HB.htm. PRICING NEW HAMPSHIRE PUC mulls fines for two rural ILECs and their officers The Public Utility Commission has directed rural incumbent local exchange carriers, Wilton Telephone Co. and Hollis Telephone Co., to appear for a Jan. 30 hearing "to show cause why the companies, their officers, and agents should not be fined for failure to comply" with a 1999 agreement settling a rate controversy. The commission also is considering withdrawing the companies' authority to do business in New Hampshire. In 1999 the companies signed an agreement admitting that their financial reporting had been "inaccurate and misleading" and that they had "understated" earnings reported to the commission. The agreement, which settled a 1998 investigation, required the companies to pay cash penalties, make changes in personnel, and take other steps to come into full compliance with PUC rules. The commission said its staff presented a follow-up report last month finding that the companies aren't in compliance with the agreement in a number of areas, including the required personnel changes. The staff also found that the companies are "earning in excess of their last found cost of capital." The PUC ordered the companies to prefile written testimony by Dec. 22. (Docket nos. DT 00-294, DT 00-295) LONG DISTANCE NORTH DAKOTA Bill would require carriers to develop high-usage policy Rep. Byron Clark (R., District 44) and Sen. Tim Flakoll (R., District 44) have introduced a bill that would require interexchange carriers (IXCs) to develop a policy defining "unusually high usage" and provide that policy to any individual on request. The IXCs would have to notify customers when "unusually high usage" of IXC service occurs on their accounts. If an IXC provided notice of unusually high usage to its billing agent or for any other purpose, the carrier would have to provide notice to the customer. HB 1214 has been referred to the House Finance and Taxation Committee. LONG DISTANCE IDAHO, IOWA, MONTANA, NORTH DAKOTA, UTAH, WYOMING, NEW MEXICO Second workshop set on Qwest market entry bid The seven state regulatory commissions participating in a joint examination of Qwest Corp.'s bid to enter in-region interLATA (local access and transport area) markets under section 271 of the federal Telecommunications Act of 1996 are scheduled to hold their second workshop Jan. 16-19 in Boise, Idaho. The workshop will begin with a review of the collocation provisions of Qwest's statement of generally available terms. Participants also will discuss reciprocal compensation and any other issues that weren't completed during the initial workshop. After completing work on the left-over issues, participants will move on to emerging services such as packet switching, line sharing, dark fiber, and subloops. CUSTOMER-AFFECTING ARIZONA, COLORADO, IDAHO, IOWA, MINNESOTA, MONTANA, NEBRASKA, NEW MEXICO, NORTH DAKOTA, OREGON, SOUTH DAKOTA, UTAH, WASHINGTON, WYOMING Qwest says it's improving customer service Qwest Communications International, Inc., has said it improved customer service throughout its 14-state region in 2000. The company said it met nearly 98% of the more than 18 million installation commitments. Qwest said its performance was the best in five years. About 95% of total repair commitments were met on time, and repeat repairs decreased by more than 2%, Qwest reported. Afshin Mohebbi, Qwest president-worldwide operations, said, "By adding more than 750 local network people in key areas throughout the region since last July, we have taken a strong step toward making service improvements for all of our customers." These service improvements are a part of Qwest's plan to improve service significantly by year-end. In September 2000 Qwest said it planned to reduce delayed installations for primary service to their lowest level in the last four years. Additionally, the company said it expects to reduce repeat repair calls by 20%-30% by the end of 2001. Qwest also committed capital investments of $9 billion for 2000 and $9.5 billion for 2001 to improve service, to double the customers using digital subscriber line and wireless services, to double its Web hosting capacity, and to expand its data and Internet services. Yesterday Qwest also unveiled permanent line sharing agreements with MULTIBAND Communications, Inc., New Edge Networks, NorthPoint Communications, Inc., and Contact Communications. Line sharing agreements enable competitors to use the high-frequency portion of the loop for data transmission, while Qwest continues to provide voice service over the low-frequency portion. Permanent line sharing agreements now are available to all wholesale customers, Mohebbi said. 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 Analyst for Federal Law & Policy: John Evanoff, E-mail: jevanoff@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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