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STATES
MISSOURI -- Lawmakers seek to oust three PSC members LOUISIANA -- PSC elects new leadership MONTANA -- House unanimously approves Uniform Electronic Transactions Act MONTANA -- Lawmakers to examine price cap regulation IOWA -- Bill aims to provide equal treatment for cable TV companies ILLINOIS -- ICC seeks extension of 10-digit dialing in Chicago area HAWAII -- Bill targets drivers' use of handheld wireless phones OKLAHOMA -- Bill calls on OCC to provide EAS for every exchange MASS. -- Bill would create nonprofit corporation to manage DTE info service NEW YORK -- Bills aim to protect consumer privacy MISSOURI -- PSC gives ALLTEL more time to comply with billing rules N.D. -- ISPs would have to notify customers about long distance charges under bill PENNSYLVANIA -- Verizon starts laying fiber in Altoona area FUTURE OF REGULATION MISSOURI Lawmakers seek to oust three PSC members Rep. Dennis Bonner (D., District 51) and Sen. Ronnie DePasco (D., District 11) are trying to oust three members of the Public Service Commission who refused to hold a public hearing before the PSC approved a Missouri Gas Energy application to raise its rates by 44%. Bonner filed a resolution in the House yesterday afternoon seeking the removal of the commissioners, and DePasco plans to file an identical resolution in the Senate today, Bonner told TR. The 44% rate hike was "ridiculous," Bonner told TR. "People in my district can't afford to pay that." Bonner said, however, that he "would have been happy if [the commissioners] would have held a hearing." Bonner said he and DePasco had warned the PSC in advance that they would try to expel any commissioners who approved the rate hike request without holding a public hearing first. The three commissioners who voted in favor of the rate increase were Chairwoman Sheila Lumpe and Commissioners Connie Murray and M. Dianne Drainer. Bonner and DePasco aren't trying to remove commissioners Kelvin Simmons and Robert Schemenauer, who voted against the rate increase. FUTURE OF REGULATION LOUISIANA PSC elects new leadership The Public Service Commission has elected Commissioner James M. Field (R., District 2) as its new chairman, a commission staff member told TR. Commissioner Jack A. (Jay) Blossman Jr. (R., District 1) was elected vice chairman. Field joined the PSC Dec. 2, 1996, and his term ends Dec. 31, 2006. Blossman became a commission member Jan. 1, 1997, and his term expires Dec. 31, 2002. INTERNET MONTANA House unanimously approves Uniform Electronic Transactions Act The House has approved overwhelmingly 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. (1/19/01 a.m.) Secretary of State Mike Cooney (D.) requested HB 234, which was sponsored officially by Rep. Bob Lawson (R., District 80). Each government agency would be able to determine whether and to what extent it would send and accept electronic records and electronic signatures. Government agencies, however, wouldn't be limited to any specific types of technologies. HB 234 also 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. HB 234 awaits consideration by the Senate Business and Labor Committee. ALTERNATIVE REGULATION MONTANA Lawmakers to examine price cap regulation State lawmakers will be considering a bill to allow telecom carriers to opt out of rate-of-return regulation if they accept price cap regulation. LC 655, which awaits introduction, states that a local exchange carrier's (LEC's) election to accept price cap regulation would be irrevocable. Qwest Corp. proposed the bill's language, the legislative staff told TR. Sen. Fred Thomas (R., District 31) requested the measure. LB 655 would set a LEC's price caps at the permanent rates last authorized by the Public Service Commission for the company before it elected to come under the new regulatory structure. The price floors would be set at total-service long-run incremental cost. The new prices set under the price cap regulation would be indefinite; no specific time reference is included in the draft bill. The PSC wouldn't be able to change the price caps unless changes were needed to reflect a new tax or fee. The prices also could change to allow a LEC to recover the additional cost of providing a new telecom service or the expense of a new or expanded program, such as an extended area service region. Additionally, the prices could change if the LEC filed an application with the PSC and justified a change in a price cap. The commission would have 60 days to act on the application. If a complaint were filed by a consumer or consumer counsel regarding the company's prices and the PSC found the company had violated the provisions of this measure, the commission would have the authority to order the LEC to comply with the measure. The draft bill is available at http://data.opi.state.mt.us/bills/2001/lchtml/LC0655.htm. VIDEO IOWA Bill aims to provide equal treatment for cable TV companies Sen. Mary Lundby (R., District 26) has introduced SF 47 to require a city granting more than one cable TV franchise to make the terms and conditions of the additional franchise no more favorable and no less burdensome than those of the existing franchise agreement. Terms and conditions would include the territorial extent of the franchise; system design; technical performance standards; construction schedule; performance bonds; standards for construction and installation of cable TV facilities; service to subscribers; public, government, and educational access channels and programming; liability and indemnification; and franchise fees. If the terms or conditions of any additional franchise were more favorable or less burdensome than the terms or conditions of any existing cable TV franchise, the more favorable or less burdensome terms or conditions also would apply for any existing cable TV franchise. SF 47 has been referred to the Senate Commerce Committee. NETWORK MANAGEMENT ILLINOIS ICC seeks extension of 10-digit dialing in Chicago area The state Commerce Commission yesterday asked the FCC to extend a waiver it granted to the commission to delay implementation of 10-digit dialing in the Chicago metropolitan area until April 1. On Jan. 17 North American Numbering Plan administrator (NANPA) NeuStar, Inc., informed the ICC that the last NXX code in the "847" area code had been assigned and that the first NXX code in the "224" "overlay" would be assigned in 30 days. Activation would occur 90 days thereafter. Assuming that NANPA is correct, and that there are no NXX codes in the 847 NPA that should be returned, activation of the first code in the 225 NPA may occur on or after May 17, the ICC said.. It said its success forestalling exhaustion of the five Chicago codes may cause the temporary waiver to expire before activation of a single new NXX code in the 224 overlay or any other Chicago area code. (CC docket 96-98) WIRELESS HAWAII Bill targets drivers' use of handheld wireless phones Rep. K. Mark Takai (D., District 34) has introduced HB 225 to make it illegal to drive while talking on a handheld wireless phone. Persons convicted of using their wireless phones while driving would face a maximum $100 fine for a first offense. Violators could face a maximum $200 fine for second offenses and a maximum $500 fine for any additional offenses. In addition to the fines, anyone caught violating the measure would be required to attend a traffic safety class and pay a $50 driver assessment fee. HB 225 would provide exemptions for any drivers making "911" emergency calls, reporting traffic accidents, or having a reason to fear for their lives. The bill awaits consideration by House Transportation Committee and the House Judiciary and Hawaiian Affairs Committee. CUSTOMER-AFFECTING OKLAHOMA Bill calls on OCC to provide EAS for every exchange Sen. Frank Shurden (D., District 8) has prefiled SB 151 to require the Corporation Commission to expand the state's current wide area calling (or extended area service) plans to include every local exchange in the state. The OCC would have to implement wide area calling plans that correspond to the areas served by the "405," "580," and "918" number planning areas. The bill acknowledges that the OCC can implement the wide area numbering plans only to the extent possible under federal law. NETWORK MANAGEMENT MASSACHUSETTS Bill would create nonprofit corporation to manage DTE info service Sen. Linda J. Melconian (D., Hampden) has introduced SB 400 to create a nonprofit corporation called Mass211, Inc., to administer the information and referral service established by the Department of Telecommunications and Energy. Last year the DTE ordered the abbreviated dialing code "211" to be assigned to the service. The service will refer callers to agencies that deal with domestic violence, substance abuse, elder services, crisis intervention, health care, housing, food and fuel donations, support groups, family counseling, and a range of other health and human services. (5/22/00 a.m.) The bill has been referred to the Government Regulations Committee. Its text is available at http://www.state.ma.us/legis/bills/st00400.htm. CUSTOMER-AFFECTING NEW YORK Bills aim to protect consumer privacy Legislators are considering three bills to enhance phone customers' privacy. Assemblyman Richard L. Brodsky (D., District 86) has introduced AB 1390 to prohibit the "transmission of unsolicited bulk electronic mail." The bill would establish criminal and civil penalties to be assessed against violators of the proposed anti-spamming law. AB 1390 has been referred to the Committee on Consumer Affairs and Protection; its text is available at http://assembly.state.ny.us/cgi-bin/showtext?billnum=A01390. Assemblyman Scott M. Stringer (D., District 67) has introduced AB 1668 to require local exchange carriers to provide, free of charge, unlisted telephone numbers for victims of domestic violence. The bill has been referred to the Committee on Corporations. Its text is available at http://assembly.state.ny.us/cgi-bin/showtext?billnum=A01669. AB 1589, sponsored by Assemblyman Clarence Norman Jr. (D., District 43), aims to protect users of cordless and mobile phones against eavesdropping. The measure would prohibit the "mechanical overhearing of a conversation" when the person "overhearing the conversation knows that it emanates" from a cordless or mobile telephone. The bill resides in the Committee on Codes. Its text is available at http://assembly.state.ny.us/cgi-bin/showtext?billnum=A01589. CUSTOMER-AFFECTING MISSOURI PSC gives ALLTEL more time to comply with billing rules The Public Service Commission has granted ALLTEL Missouri, Inc.'s request for an extension until March 31 to comply with two new billing rules. The commission's order adopts an agreement reached by ALLTEL, the commission staff, and the public counsel. On Sept. 22, 2000, ALLTEL told the PSC it couldn't update fully its billing program to accommodate the new rules until March 31 and asked for an exemption until that time. The billing rules went into effect at the end of October 2000. The agreement calls for ALLTEL to continue sending its traditional notice of discontinuance until the company begins following a new rule on "discontinuance of service to residential customers." In addition, the agreement requires ALLTEL to review manually each account for which service is at risk of being disconnected until the company implements the new billing rules. The agreement also asked ALLTEL to continue sending notices to customers who haven't paid their accounts. The notices must inform customers when they must pay to avoid losing service. The PSC's order is available at http://www.psc.state.mo.us/orders/01231204.htm. (Case no. TE-2001-204 - In the Matter of ALLTEL Missouri, Inc.'s Application for Variance of Certain Provisions of Chapter 33, Service and Billing Practices for Telecommunications Companies) LONG DISTANCE NORTH DAKOTA ISPs would have to notify customers about long distance charges under bill Rep. Byron Clark (R., District 44) and Sen. Tim Flakoll (R., District 44) have introduced HB 1473 to require Internet service providers (ISPs) to provide subscribers an on-screen warning if a toll charge will be incurred for the connection between the subscriber and the ISP. HB 1473 has been referred to the House Political Subdivisions Committee. ADVANCED SERVICES PENNSYLVANIA Verizon starts laying fiber in Altoona area Verizon Pennsylvania, Inc., has begun installing fiber optic cable and electronic equipment in Altoona and in the nearby communities of Grandview, Asbury Lane, and Riggles Gap. The company said it's investing $1.5 million to modernize the local network and provide additional broadband capability to its customers in the area. 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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