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STATES
UTAH -- Bill repealing merger of agencies goes to Gov. Leavitt LA. -- PSC to seek reconsideration of allowing AT&T to sue commissioners TEXAS -- PUC to enroll Lifeline customers automatically WIS. -- Bill would bar passing on costs of city-owned cable TV to nonsubscribers MASSACHUSETTS -- WorldCom joins AT&T call for Verizon to cut UNE rates TEXAS -- SW Bell performance measurement penalties total almost $2.6 million NEW YORK -- Meeting set to organize opposition against Verizon DSL WASHINGTON -- Bill would extend ban on mandatory local measured service IOWA -- Legislator takes aim at telemarketers MISSOURI -- PSC approves asset transfer from SWBT to SBC Services OHIO -- PUC sets schedule for considering unresolved OSS issues FUTURE OF REGULATION UTAH Bill repealing merger of agencies goes to Gov. Leavitt The Legislature has approved HB 184 to repeal a controversial measure (HB 320) approved by the Utah Legislature last year to fold the Committee of Consumer Services into the Division of Public Utilities. (1/24/00 a.m.) HB 184 passed through both chambers within two days. Absent repeal, HB 320, which wasn't scheduled to take effect until July 1, would combine and rename the entities as the Office of Public Advocate. Rep. David Ure (R., District 53), who sponsored HB 320, now is sponsoring the bill to repeal it. The legislative staff told TR he decided the time isn't right to overhaul the structure of the state's utility regulatory apparatus given current concerns about adequate supplies of electricity in the West. Questar Gas Co. had pushed for HB 320 last year. The DPU is charged with representing the public interest before the Public Service Commission and ensuring that all utility customers have access to safe and reliable service at reasonable prices. The Committee of Consumer Services represents residential, small commercial, and agricultural consumers before the commission. Because HB 320 would combine the two missions into a single entity, interest groups were concerned the bill would decrease the amount of information available to the PSC when making decisions. Consumer group opposition to HB 320 during the 2000 legislative session persuaded Gov. Michael O. Leavitt (R.) to call for a review of the law after the session concluded in March. Leavitt allowed the bill to become law without signing it. SECTION 251/252 LOUISIANA PSC to seek reconsideration of allowing AT&T to sue commissioners The Public Service Commission has decided to ask the U.S. Court of Appeals for the Fifth Circuit (New Orleans) to reconsider its Jan. 16 ruling that the 11th Amendment doesn't protect the PSC from a lawsuit filed by AT&T Corp, a commission staff member told TR. (1/18/01 p.m.) The PSC has 45 days from Jan. 16 to file for rehearing, the staff member said. In 1997 AT&T filed suit against the PSC over an interconnection agreement the commission arbitrated between AT&T and BellSouth Telecommunications, Inc. AT&T alleged that the agreement favored BellSouth and that the PSC's arbitration didn't comply with sections 251 and 252 of the Telecommunications Act of 1996. In addition, AT&T brought a suit against the five commissioners under the Ex parte Young doctrine, seeking relief from any arbitration determination that didn't comply with sections 251 and 252 of the Act. Reversing the district court's ruling against AT&T, the appeals court maintained that the PSC waived its 11th Amendment sovereign immunity by voluntarily accepting and fulfilling its assigned role in the federal regulation of local competition under the federal Telecommunications Act of 1996. Furthermore, the appeals court ruled that AT&T's suit against the individual commissioners could proceed even if the PSC were protected under the 11th Amendment. (Case no. 99-30421, AT&T Communications v. BellSouth Telecommunications Inc.; Louisiana Public Service Commission; Don Owen; Irma Muse Dixon; Dale Sittig; James M. Field; Jack A. Blossman) UNIVERSAL SERVICE TEXAS PUC to enroll Lifeline customers automatically The Public Utility Commission yesterday approved rules allowing eligible customers to be enrolled in the Lifeline program automatically. (8/21/00 a.m.) The rules require the PUC to work with local telephone companies and the Department of Human Services to set up the Lifeline Automatic Enrollment Program. The department will identify customers who are eligible for the program and provide their names to the local telephone companies. The program is scheduled to begin March 1. (Project no. 21329) VIDEO WISCONSIN Bill would bar passing on costs of city-owned cable TV to nonsubscribers A bill introduced in the Senate would prohibit a municipality that owns and operates a cable TV system from passing on the cost of the system to nonsubscribers. The prohibition wouldn't apply to a municipality that began operating a cable TV system before the legislation's effective date. A municipality that began operating a cable TV system on or after the legislation's effective date would be allowed to pass on to nonsubscribers only the costs of public, educational, and governmental access channels and the costs of debt service on public improvement bonds for the construction, renovation, or expansion of the municipality's cable TV system. A municipality that owns and operates a cable TV system would have to maintain records that include (1) the cost of franchise fees, pole rentals, and all other expenses that the municipality would incur if it were a nonmunicipal cable TV operator that had been granted a franchise and (2) the amount, source, and cost of working capital used for the municipality's cable TV system. SB 23 has been referred to the Senate Committee on Health, Utilities, Veterans, and Military Affairs. Sen. Rodney Moen (D., District 31) introduced it. SECTION 251/252 MASSACHUSETTS WorldCom joins AT&T call for Verizon to cut UNE rates WorldCom, Inc., has asked the Department of Telecommunications and Energy to force Verizon New England, Inc., to reduce its unbundled network element (UNE) rates to "levels that reflect forward-looking economic costs." The WorldCom request came in a letter supporting AT&T Corp.'s petition for lower Verizon UNE rates. AT&T's petition had urged the DTE to withdraw its support for Verizon's application to the FCC for authority to enter the interLATA (local access and transport area) market in Massachusetts unless Verizon reduced its rates. WorldCom and AT&T assert that neither the rates Verizon submitted in July nor the revised rates it submitted in October are low enough to "allow economically viable competition via the UNE-platform." (1/3/00 a.m.) WorldCom said the "most efficient and straightforward approach" to promoting local competition is "to order that specific reduced rates be put in place and to make clear that those rates will act as a ceiling in pending and future rate cases." (DTE 01-20) LONG DISTANCE TEXAS SW Bell performance measurement penalties total almost $2.6 million Southwestern Bell Telephone Co. has paid almost $2.6 million to the Public Utility Commission for failing to meet performance measurements established in its compliance monitoring proceeding from January 2000 through November 2000, the PUC staff told TR. The proceeding aims to ensure SW Bell's compliance with the market entry requirements of section 271 of the federal Telecommunications Act of 1996. In June 2000 the FCC granted SW Bell authority to enter the Texas interLATA service market. (Project nos. 20000, 20400, and 21000) ADVANCED SERVICES NEW YORK Meeting set to organize opposition against Verizon DSL Silicon Alley Station and the New Networks Institute are sponsoring a Feb. 5 meeting in Manhattan to discuss the "slow" rollout of digital subscriber line (DSL) service in New York. The groups said "overwhelming anecdotal evidence" shows DSL service delivery has "lagged well behind" demand. The organizers blame Verizon New York, Inc., saying the company has been "less than cooperative" in providing network access to competitive DSL companies. They claim Verizon has "frequently missed install appointments, erroneously disqualified locations, and inadvertently disabled working circuits." The groups hope to attract consumer advocates, competitive DSL providers, public officials, and concerned customers to the meeting, where they will present a Broadband Bill of Rights and propose a complaint resolution process. Silicon Alley Station is an Internet radio network, http://siliconalley.net, and the New Networks Institute is a broadband research and consulting firm. More information about the Feb. 5 meeting is available at http://www.newnetworks.com. CUSTOMER-AFFECTING WASHINGTON Bill would extend ban on mandatory local measured service Rep. Aaron Reardon (D., District 38) has introduced HB 1287 to extend the deadline for ending the ban against mandatory local measured service from June 1, 2001, until June 1, 2005. When companies offer measured service plans, customers often are charged on the number of calls, the time of day, the distance traveled, and the length of the call. In extending the ban against mandatory local measured service, HB 1287 ensures that customers are given a flat-rate option for their local telephone service. HB 1287 awaits consideration by the House Technology, Telecommunications, and Energy Committee. CUSTOMER-AFFECTING IOWA Legislator takes aim at telemarketers Rep. Mark Smith (D., District 64) has introduced HF 78 to create a no-call list for telephone subscribers who don't want to receive calls from telemarketers. The Department of Justice would be responsible for administering the list. Telephone subscribers would have to pay $10 to be placed on the list and $5 each year to renew their listings. Telephone solicitors would be charged a $50 fee to access the list. The Department of Justice would have to adopt rules for administering the list. Telemarketers making unsolicited telephone calls would have to identify themselves immediately after making contact with a telephone subscriber. HF 78 has been referred to the House Commerce and Regulation Committee. AFFILIATE MISSOURI PSC approves asset transfer from SWBT to SBC Services The Public Service Commission has granted Southwestern Bell Telephone Co.'s request for authority to transfer some of its support assets to SBC Services, Inc. Both companies are wholly owned subsidiaries of SBC Communications, Inc. SBC Services intends to use the assets to offer services to other SBC Communications subsidiaries, including SW Bell. The order is available at http://www.psc.state.mo.us/orders/01231368.htm. LONG DISTANCE OHIO PUC sets schedule for considering unresolved OSS issues The Public Utilities Commission has requested briefs and written testimony by Feb. 1 on the remaining unresolved issues from collaborative discussions on Ameritech-Ohio's operation support system. Replies are due Feb. 22. The remaining disputed issues include whether (1) the performance measures should be applicable to special access services, (2) Ameritech's billing system will support all unbundled network elements, (3) Ameritech will expand its hours of availability, and (4) Ameritech should be able to impose charges under its facilities modification policy. (Case no. 00-942-TP-COI - In the Matter of the Investigation Into Ameritech-Ohio's Entry Into In-Region InterLATA Service Under Section 271 of the Telecommunications Act of 1996) 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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