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I have amended the message below to include the user name/password for
Bandwidth Market Report. The new line of info is in red type. Thanks. Margo Reyna Regulatory Analyst Enron Corp., Government Affairs Phone: 713-853-9191 ----- Forwarded by Margo Reyna/NA/Enron on 05/24/2001 08:24 AM ----- Margo Reyna 05/23/2001 04:14 PM To: Richard Shapiro/NA/Enron@Enron cc: Ginger Dernehl/NA/Enron@Enron Subject: TRs State NewsWire - 05/23/01 Rick, This is what the TR State NewsWire looks like...you will get this publication daily around 3:00 p.m. This report is e-mailed to you in its entirety - no web access necessary. TR Daily arrives each morning, and you will need to access it through the internet. The userid is: enron, password is broadband. Your service is scheduled to begin tomorrow. Bandwidth Market Report is also accessed through the internet - your service started today. Use this link: http://www.platts.com/ In the blue section (upper-left corner) of the screen, choose "login". Select "logon" and then click the "Go" button. User name is margor, password is 125689. Select "Bandwidth Market Report" in the upper-left corner of the screen. Select "Click Here." (under the heading "Select") The current day's edition will then open. Sorry for this long process - once you get the hang of it, it isn't so bad. I'm happy to walk you through it the next time you're in the Houston office, if you wish. Please let me know if you have any difficulty or need anything further. Thanks. Margo Reyna Regulatory Analyst Enron Corp., Government Affairs Phone: 713-853-9191 ----- Forwarded by Margo Reyna/NA/Enron on 05/23/2001 03:43 PM ----- "Telecommunications Reports International, Inc." <trnews@tr.com< 05/23/2001 03:05 PM To: "Telecommunications Reports International, Inc." <tr_news_letter@cch.com< cc: Subject: TRs State NewsWire - 05/23/01 ====================================================== TR's State NewsWire . . .daily intelligence on communications industry news and policy from the editors of Telecommunications Reports. . . ====================================================== *Table of Contents* May 23, 2001 STATES MISSISSIPPI -- BellSouth to file market-entry bid with FCC FLORIDA -- Broward County repeals 'open-access' requirement CALIFORNIA -- Pacific Bell to report on CLEC operational issues NEW MEXICO -- PRC to reconsider area code decision MASSACHUSETTS -- DTE to defer DSL cost issues ARIZONA -- ACC approves price hike FLORIDA -- NeuStar to release 'growth code' to BellSouth NORTH CAROLINA -- Commission sets number-pooling schedule CALIFORNIA -- PUC to mull advice letter procedures ALABAMA -- Rule would revise reporting requirements NEBRASKA -- Gov. Johanns mulls fiber-optics bill WISCONSIN -- New coalition seeks reliable telecom service ILLINOIS -- CUB urges commission to order Ameritech rate cut DISTRICT OF COLUMBIA -- PSC adopts service-termination rules DISTRICT OF COLUMBIA -- PSC wants comment on subloop UNEs VERMONT -- PSB orders number pooling TEXAS -- WorldCom objects to SW Bell listing increase KANSAS -- SW Bell to reprint directory VIRGINIA -- New '434' area code debuts June 1 OREGON -- PUC opens certificate-transfer rulemaking WISCONSIN -- Measure would prohibit 'spamming' GEORGIA -- Teleport offers credits for term commitments MICHIGAN -- Companies launch Internet services in Detroit DISTRICT OF COLUMBIA -- PSC cancels service-quality meeting ______________________________________________________ MISSISSIPPI -- BellSouth to file market-entry bid with FCC BellSouth Telecommunications, Inc., yesterday notified the Public Service Commission it plans to file an application to provide in- region interLATA (local access and transport area) services with the FCC "on or after" Sept. 19. In November 1998 the PSC concluded BellSouth had met the local exchange market-opening mandates in section 271 of the federal Telecommunications Act of 1996. BellSouth yesterday submitted third-party test results of its Georgia operation support system and proposed performance-measurement and penalty plans. BellSouth asked the PSC to reaffirm that it has met the Act's market-opening requirements. Compliance with section 271's 14-point "competitive checklist" is a prerequisite for FCC authorization to provide in-region interLATA service. The FCC must consult with the U.S. Department of Justice and relevant state regulators before ruling on the applications. (Docket no. 97-AD-321) ______________________________________________________ FLORIDA -- Broward County repeals 'open-access' requirement Broward County, Fla.'s County Commission yesterday voted to repeal an ordinance that had required cable TV franchisees to offer unaffiliated Internet service providers "open access" to their cable modem platforms. The vote puts the final nail in the coffin for one of the earliest open-access initiatives. In 1999, Broward became the second county in the U.S. to adopt an open-access requirement following the lead of authorities in the Portland, Ore., area. (7/14/99) A federal district judge in Miami, however, ruled last year that Broward's ordinance violated cable TV companies' rights to free speech and expression. In "Comcast Cablevision of Broward County et al. v. Broward County" (case no. 99-6934-Civ), Judge Donald M. Middlebrooks was the first to rely on the First Amendment in nixing a locality's open- access ordinance. While the county's appeal of that ruling was pending before the U.S. Court of Appeals for the 11th Circuit (Atlanta), the cable TV companies filed a claim seeking attorneys' fees from the county, said Terry Bienstock, a Miami attorney with The Bienstock Law Firm, P.A., who represented the cable TV companies. Both sides agreed to a settlement under which the parties would drop their legal claims if the board voted to repeal the ordinance, Anitra Lanczi, Broward's assistant county attorney, told TR. That agreement prompted yesterday's vote, she said. ______________________________________________________ CALIFORNIA -- Pacific Bell to report on CLEC operational issues Public Utilities Commissioner Geoffrey Brown has directed Pacific Bell to file by May 29 an updated list of operational problems recently raised by competitive local exchange carriers (CLECs). On April 4-5 Mr. Brown convened a hearing to examine more than 50 systematic operational problems the CLECs had identified concerning ordering, provisioning, post-provisioning, and multifaceted issues. During the hearings and the following six days, Pacific Bell and the CLECs met to resolve as many issues as possible. During an April 12 hearing, Pacific Bell presented a status report, which set task-completion dates for certain outstanding issues. Mr. Brown said he wanted Pacific Bell to update the summary regularly to allow the staff to monitor the progress. The May 29 summary will identify which issues have been resolved and highlight issues affecting more than one CLEC. Comments on the summary will be due June 11. The staff will compile a final summary of the issues by June 21. After June 21, and until further notice, Pacific Bell must submit a monthly updated issues/action log highlighting the issues that were listed in the staff's June 21 final summary. The order also directs the staff to inform Mr. Brown by Aug. 3 of any progress made toward resolving problems regarding database and documentation, installation trouble, and missed due dates. The largest number of joint CLEC problems fell under those three areas. The staff also will advise Mr. Brown by Jan. 4, 2002, as to what extent the other issues in the June 21 summary have been resolved. (Rulemaking nos. 93-04-003 and 95-04-043, Investigation nos. 93-04-002 and 95-04-044) ______________________________________________________ NEW MEXICO -- PRC to reconsider area code decision The Public Regulation Commission has voted unanimously to reconsider its decision ordering a "split" to relieve number exhaustion in the "505" area code. The commission is drafting an order today that will include a schedule for hearings on the matter, a PRC staff member told TR. A group of businesses, citizens, and governmental entities calling itself "The '505' Coalition," asked the PRC to reconsider the order. (5/18/01) The coalition is disappointed with the PRC's decision to assign the new "957" area code to the most populated areas of the state--Albuquerque, Santa Fe, and Los Alamos. The coalition said the PRC violated state law by allowing newly sworn in Commissioner Rory McMinn, who hadn't participated in any of the public hearings or meetings in the case to cast the deciding vote in the matter. According to the coalition, state law (section 8-8-18 NMSA 1978) requires the recusal of a PRC commissioner or hearing examiner in any case in which the individual is unable to make a fair decision. The coalition said that, according to PRC records, Mr. McMinn or his staff never reviewed the case's file. ______________________________________________________ MASSACHUSETTS -- DTE to defer DSL cost issues Two Department of Telecommunications and Energy hearing officers have granted Verizon Massachusetts' request to defer consideration of two digital subscriber line (DSL) cost issues. Verizon asked the officers to delay establishing final rates for conditioning of loops that meet Carrier Service Area standards and final rates for line sharing collocation augment application and engineering services. Verizon said it would be more efficient to address the two issues in the DTE's comprehensive TELRIC (total-element long-run incremental cost) docket. The items are the final issues remaining in the DTE's 1998 advanced services rate investigation. Covad Communications Co. opposed Verizon's request. Covad said removing the issues to the TELRIC docket would deprive the parties of the extensive record on loop conditioning costs developed in the advanced service docket. Covad also said the move would "entail unnecessary time and expense." The DTE hearing officers said that the collocation and line sharing costs are within the scope of the TELRIC docket and that any matter contained in the advanced service docket would be available to the parties in the TELRIC docket. The officers also noted that the rates proposed by Verizon in the TELRIC docket for the two DSL items are lower than the interim rates set in the advanced service docket. Verizon will have to begin offering the lower proposed rates immediately, subject to true-up when the TELRIC docket is concluded. (Docket no. D.T.E. 98-57, Phase III) ______________________________________________________ ARIZONA -- ACC approves price hike The Corporation Commission has adopted a settlement that increases Southwestern Telephone Co.'s business and residential rates, sets a 9% rate of return, and increases the company's revenue by $20,000. Southwestern, the commission staff, and the Residential Utility Consumer Office (RUCO) were parties to the settlement. Southwestern originally asked for a 9.96% rate of return, based on a $3.9 million fair-value rate base (FVRB). The commission staff and the RUCO proposed their own rates of return and FVRBs, and the three parties worked together on a settlement. The agreement adopted the staff's proposed FVRB of $4.1 million. The settlement will raise residential rates by 25 cents to $11.25 and will raise business rates by 90 cents to $24.90. Southwestern serves about 4,600 access lines in the Quartzsite and Salome exchanges. (Docket no. T-01072B-00-0379) ______________________________________________________ FLORIDA -- NeuStar to release 'growth code' to BellSouth The Public Service Commission has ordered North American Numbering Plan administrator NeuStar, Inc., to release a "growth code" to BellSouth Telecommunications, Inc., for the Magnolio- ORLDFLMADS1 switch in the Orlando rate center. BellSouth requested a growth code to meet a customer's request for 2,500 consecutive DID (direct inward dial) numbers in an NXX with a four as the last digit (NX4). NeuStar denied BellSouth's request because the company hadn't met the rate center months-to- exhaust (MTE) criteria required to obtain a growth code. To qualify for a growth code, carriers must have no more than a six- month inventory of telephone numbers in the rate center. BellSouth appealed NeuStar's decision to the PSC. The commission said the MTE criteria create a disadvantage for carriers with multiple-switch rate centers. One switch in a such a center may be near exhaust while the average MTE for the rate center is above six months, the PSC said. When NeuStar denied BellSouth's code request, the MTE for the Magnolia-ORLDFLMADS1 switch was four months. (Docket no. 010309-TL) ______________________________________________________ NORTH CAROLINA -- Commission sets number-pooling schedule The Utilities Commission has ordered Telcordia Technologies, Inc., to implement 1,000-number block pooling in the "919" area code by Oct. 26. Number pooling will postpone "for as long as possible" the activation of the "984" overlay for the "919" area code and the introduction of mandatory 10-digit dialing, the commission said. (Docket no. P-100, Sub 137) ______________________________________________________ CALIFORNIA -- PUC to mull advice letter procedures A Public Utilities Commission administrative law judge has asked interested parties to comment on whether a hearing should be held to discuss various proposals to change the advice letter process. Regulated companies usually file advice letters to make routine tariff changes. According to the ALJ, a consequence of the proliferation of the telecom industry is that the PUC's "procedures for different types of telecommunications advice letters also have proliferated rapidly, sometimes even on a utility-specific basis." He said the goal of this proceeding was to unify and simplify existing procedures, which are scattered over many decisions and resolutions. The ALJ said some parties have asked the commission to retain certain advice letter procedures, but they disagreed about which ones should be kept. The ALJ has asked interested parties to respond by June 14 to his questions about advice letter procedures that are inconsistent with the commission's general or telecom rules. Commenting parties also must discuss whether and why they think a hearing would be warranted. (Rulemaking no. 98- 07-038, Rulemaking for purposes of revising General Order 96-A regarding informal filings at the Commission) ______________________________________________________ ALABAMA -- Rule would revise reporting requirements The Public Service Commission has asked for comments by June 25 on a proposed rule that would require long distance carriers to identify, for informational purposes, their interstate long distance per-minute rates in their tariffs. The proposed rule also would require carriers to identify the product name, per- minute rates, minimum monthly charges, and billing increments applicable to intrastate long distance calling plans "within the same section under which the service is described in the tariff." The new rule would help the PSC respond to customer complaints, the PSC said. "Rates associated with the [intrastate long distance] plan such as the minimum monthly charge, call duration, billing increments, etc., may not be found in the same general area of the tariff as the rate schedule," the PSC said. (Docket no. 15957) ______________________________________________________ NEBRASKA -- Gov. Johanns mulls fiber-optics bill The Legislature has passed and sent to Gov. Mike Johanns (R.) legislation to prohibit governmental agencies or political subdivisions from providing telecom service for a fee or from becoming certified as contract or common telecom carriers. (3/23/01) The measure would allow governmental agencies or political agencies to own, sell, and lease dark fiber. The Public Service Commission would have to approve the lease price and profit distribution for governmental bodies leasing dark fiber. Sens. Curt Bromm (Ind., District 23) and Bob Wickersham (Ind., District 49) introduced LB 827. ______________________________________________________ WISCONSIN -- New coalition seeks reliable telecom service A coalition of Ameritech-Wisconsin customers and competitors has formed to "fight for affordable and reliable telephone service." The Wisconsin CALLS coalition includes the American Association of Retired Persons, the Citizens' Utility Board, the Wisconsin Merchants Federation, the Wisconsin Realtors' Association, the Wisconsin Apartment Association, and AT&T Corp. as members. The coalition supports a legislative reform initiative to (1) establish specific service standards and penalties for poor service by Ameritech, (2) permit customers and competitors to sue Ameritech directly when it violates the law, (3) prohibit Ameritech from double charging customers and developers for connecting new real estate developments to the network, (4) impose measure to increase local competition, and (5) order structural separation of Ameritech. Doug Johnson, senior vice president and general counsel for the Wisconsin Merchants Federation, said, "Our members depend upon the reliability and affordability of the local telecommunications system. In the past year they have suffered major economic damage as a result of loss of service, slow response time, and high prices for basic service. And since there is little or no local phone competition, our members have no alternatives." ______________________________________________________ ILLINOIS -- CUB urges commission to order Ameritech rate cut The Citizens Utility Board yesterday renewed its call for the Commerce Commission to reduce Ameritech-Illinois' rates by $957 million. CUB was responding to a recommendation by two hearing examiners against including any revenue reduction when renewing the company's alternative regulation plan. (5/22/01) A review of Ameritech's finances conducted by CUB and other consumer agencies found that the company "has underreported its revenues and overstated its expenses to mask its true earnings and ward off any rate reduction." When the company's books are adjusted for those discrepencies, CUB said, the study shows rates should be reduced by $957 million, a decrease that would save the typical customer $120 a year. CUB Executive Director Martin Cohen said, "The hearing examines ignored all the evidence showing that Ameritech's rates are excessive. But we've seen the ICC overrule their hearing examiners on many occasions. We look forward to arguing our case directly to the ICC in the coming weeks." The ICC is scheduled to rule on the hearing examiners' proposed order in July, according to CUB. ______________________________________________________ DISTRICT OF COLUMBIA -- PSC adopts service-termination rules The Public Service Commission has adopted rules governing service termination by competitive local exchange carriers. The rules, which were first adopted on an emergency basis in March, also modify existing regulations on tariff reviews, certification, and annual reviews. (3/30/01) The rules will take effect when they are posted in the D.C. Register. (Formal case no. 892, Approval of Competitive Local Exchange Carriers to Provide Telecommunications Services in the District Order no. 12000) ______________________________________________________ DISTRICT OF COLUMBIA -- PSC wants comment on subloop UNEs The Public Service Commission has asked for comments by May 29 identifying subloop elements that Verizon Washington DC, Inc., must include in unbundled network element (UNE) cost studies due July 16. (5/2/01) The PSC said Verizon and AT&T Corp. disagree as to whether a loop concentrator is a subloop element, which must be unbundled. Verizon argued that it isn't and that the FCC requires it to unbundle only two subloop elements--the loop distribution and the loop feeder. The PSC said, "Verizon is incorrect in asserting that the FCC only included two subloop elements as UNEs; in fact the FCC requires all subloop elements to be unbundled." The problem, the PSC said, is that there isn't a list of subloop elements. Although AT&T argued that the loop concentrator qualifies, "AT&T didn't define the term or explain its function," the PSC said. Once parties provide a list defining each subloop element and explaining their functions, the PSC will set a final list of elements. Verizon will have to provide costs for those elements in its UNE cost studies. (Order no. 12004, Formal case no. 962, In the Matter of the Implementation of the District of Columbia Telecommunications Competition Act of 1996 and Implementation of the Telecommunications Act of 1996) ______________________________________________________ VERMONT -- PSB orders number pooling The Public Service Board has ordered telecom carriers to begin 1,000-number block pooling by May 1, 2002. The PSB said although its single area code, "802," isn't in immediate danger, it still may be susceptible to premature number exhaust. The board noted a recent request for 98 central office codes advanced 802's projected exhaust date from 2011 to 2007. The PSB said two more similar requests would exhaust the available number supply completely. The board plans to select an interim number-pooling administrator within two months. The PSB said it would establish a cost- recovery mechanism before pooling begins and appointed a hearing officer to oversee the docket. (Docket no. 6505, Investigation into Area Code Relief for the State of Vermont) ______________________________________________________ TEXAS -- WorldCom objects to SW Bell listing increase WorldCom, Inc., has asked the Public Utility Commission to reject Southwestern Bell Telephone Co.'s tariff increasing its directory assistance (DA) listing rates. In an informational tariff filing, SW Bell increased its wholesale DA listing rates from 0.11 cents to 4 cents per initial listing. Informational tariffs take effect soon after filing, unless a party objects to it. The PUC set cost-based rates for SW Bell's wholesale DA listings in separate dockets. SW Bell said its DA listings should be made available at "market-based" rates consistent with the FCC's Feb. 17, 2000, unbundled network elements (UNEs) order. WorldCom said the PUC's cost-based rates are permitted by the FCC's directory listings and UNEs orders. (Docket no. 24142) ______________________________________________________ KANSAS -- SW Bell to reprint directory Because of a publishing error, Southwestern Bell Telephone Co. omitted about 20,000 residential and business listings from its Shawnee Mission directory, which includes listings for Overland Park. SW Bell has distributed more than 200,000 copies of the directory to customers in eastern Johnson County. It plans to redistribute corrected directories "as soon as possible," a SW Bell spokesperson told TR. ______________________________________________________ VIRGINIA -- New '434' area code debuts June 1 North American Numbering Plan administrator, NeuStar, Inc., has assigned "434" to the area carved from the "804" area code last year. The State Corporation Commission ordered the change in December 2000 when it opted for a "split"/"overlay" combination plan to relieve the impending number shortage in the 804 area. (12/4/01) The 434 code will be launched June 1, marking the beginning of a seven-and-a-half month permissive-dialing period. Mandatory use of the new code will begin Jan. 15, 2002. The 434 code will serve areas to the south and west of the Greater Richmond area, including the cities of Charlottesville, Danville, and Lynchburg. The 804 area code will continue to serve the Greater Richmond area, as well as the town of West Point and communities on the upper and middle peninsulas. Verizon Virginia, Inc., said the change will have no effect on rates or local calling areas. ______________________________________________________ OREGON -- PUC opens certificate-transfer rulemaking The Public Utility Commission yesterday opened a rulemaking on transferring to other carriers certificates of authority to provide telecom service, a PUC staff member told TR. The commission doesn't have any rules on this issue. (5/21/01) The staff already has drafted a proposal based on the existing requirements for obtaining a certificate. The proposal would require both parties to a transaction to file a joint application. According to the staff, this would ensure that both parties concur with the specifics of the transfer. The transfer applications also would be considered on an expedited basis. The draft rules would abolish the proposed order and exceptions process in these cases, eliminating 36 days from the proceeding. The commission scheduled a July 23 workshop and a Sept. 24 hearing to receive input on the proposed rule. (Docket no. AR 415) ______________________________________________________ WISCONSIN -- Measure would prohibit 'spamming' Rep. Steve Foti (R., Oconomowoc) and Sen. Mary Panzer (R., West Bend) yesterday announced that they are introducing legislation to protect consumers from unsolicited e-mail advertising, known as "spam." Under AB 416, a person would have to include the letters "ADV" at the beginning of the message to indicate to the receiver that the e-mail is an advertisement. E-mail advertisements also would have to include a toll-free number or return e-mail address so the recipients could respond and ask to have their e-mail addresses removed from the distribution list. ______________________________________________________ GEORGIA -- Teleport offers credits for term commitments Teleport Communications Atlanta, Inc., is offering a $2,500 equipment credit to business customers who order a new T-1 and sign a three-year agreement. Teleport also is offering a one- month credit of monthly recurring charges to T-1 customers who commit to bill at least $500 in combined local and intraLATA (local access and transport area) service per month and sign a one-year term agreement. The promotions apply to customers who order service between June 1 and Dec. 31. ______________________________________________________ MICHIGAN -- Companies launch Internet services in Detroit Qwest Communications International, Inc., today announced that it's offering digital subscriber line Internet connections to Detroit area businesses. The service reaches almost 60% of the area's small business market. In the second quarter, the company plans to initiate service via a local fiber network in Detroit to provide customers with direct access to its high-speed global broadband Internet network at speeds up to 10 gigabits per second. Also today, Focal Communications Corp. announced that it recently launched its Internet eXchange service in Detroit. The service allows customers to bypass Internet bottlenecks by offering direct access to multiple global backbone providers, Focal said. ______________________________________________________ DISTRICT OF COLUMBIA -- PSC cancels service-quality meeting The Public Service Commission has cancelled the June 5 meeting of its Local Exchange Carrier Quality-of-Service Working Group. Group member Verizon District of Columbia, Inc., earlier this month said the working group wouldn't be able to make May deadlines for submitting a draft performance-assurance plan and a report summarizing lost-order trouble tickets. The PSC established new due dates for the group's reports. The draft performance assurance plan is due June 8, the lost-order trouble ticket report is due June 22, and a draft performance metric change management plan is due July 6. The PSC said its staff would reschedule the June 5 meeting "at a time that is convenient to the working group members." (Formal case no. 990, In the Matter of Development of Local Exchange Carrier Quality of Service Standards for the District) ======================== END ========================= To view this issue online, go to http://www.tr.com/statenews/. Federal law prohibits duplication in any form, including electronic, without permission of the publisher. TR's State NewsWire Copyright 2000, 2001 Telecommunications Reports International, Inc. (ISSN 1082-9350) is transmitted each business day, except holidays. Telecommunications Reports International, Inc. 1333 H St. NW, Suite 100-E Washington, DC 20005-4707 Jennifer Erschen, E-mail: mailto:jerschen@tr.com Editor Gayle Kansagor, E-mail: mailto:gkansagor@tr.com Associate Editor-Online Publications Steve Arlowe, E-mail: mailto:sarlowe@tr.com Senior Research Analyst Susan McGovern, E-mail: mailto:smcgovern@tr.com Senior Telecommunications Analyst Account Services: Eileen Callahan (202) 312-6116, (202) 312-6065 (fax), E-mail: mailto:ecallahan@tr.com
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