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=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D TR's State NewsWire . . .daily intelligence on communications industry news and policy from the editors of Telecommunications Reports. . . =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D *Table of Contents* June 6, 2001 STATES PENNSYLVANIA -- PUC conditionally supports Verizon interLATA bid CONNECTICUT -- SNET challenges city's telecom certification TENNESSEE -- BellSouth to ask TRA to support market-entry bid soon MICHIGAN -- PSC adopts '616' area code 'split' NEW YORK -- Nassau County restricts use of wireless phones WEST VIRGINIA -- Verizon to appeal $18M access-rate reduction CALIFORNIA -- Wood proposes 'anticramming' rules MISSOURI -- House passes rights-of-way bill GEORGIA -- WorldCom says FX calls subject to 'recip comp' CALIFORNIA -- ALJ suggests requiring Pacific Bell to permit intraLATA toll presubscription CALIFORNIA -- PUC extends deadline for Pacific Bell interLATA filing IOWA -- Board mulls revoking LTDS's certificate NEBRASKA -- PSC to discuss implementing '511' NEBRASKA -- PSC seeks copies of MDU contracts CONNECTICUT -- DPUC expands Lifeline assistance in tribal areas MICHIGAN -- Customers can bring complaints without counsel OREGON -- Group criticizes AT&T price hike MINNESOTA -- MP Telecom upgrades network MASSACHUSETTS -- CTC activates Springfield fiber network GEORGIA -- AGL networks to install fiber in Atlanta ______________________________________________________ PENNSYLVANIA -- PUC conditionally supports Verizon interLATA bid The Public Utility Commission today lent its support to Verizon Pennsylvania, Inc.'s application to provide in-region interLATA (local access and transport area) services, subject to several conditions to ensure market competition. Today's decision concludes a formal investigation that began when Verizon requested the commission's support in January. (1/9/01) In a 3-2 vote, the PUC told Verizon that it must agree to a permanent assurance plan with "self-executing" remedies based on the New York model already accepted by the FCC and to increased penalties for failure to meet performance standards. Verizon said that it will accept these conditions and that it plans to file its interLATA bid with the FCC "shortly." Commissioners Nora Mead Brownell and Terrance J. Fitzpatrick dissented. Commissioner Brownell said, "I cannot, in good conscience, affirm that these markets are open as envisioned under the [federal Telecommunications Act of 1996]." Both dissenting commissioners listed several areas in which Verizon had failed to meet the FCC requirements to determine that local markets are open to competition. A WorldCom, Inc., spokesman told TR, "We agree with the dissenters and hope the FCC will recognize that problems still exist and force Verizon to fix them prior to allowing them to offer long distance." Once Verizon files its market-entry bid with the FCC, the PUC will present its recommendation. Section 271 of the Act requires the FCC to consult with the U.S. Department of Justice and relevant state regulators before ruling on such applications. (Docket no. M-00001435, Consultative Report on Application of Verizon Pennsylvania Inc., for FCC Authorization to Provide In- Region, InterLATA Service in Pennsylvania) ______________________________________________________ CONNECTICUT -- SNET challenges city's telecom certification Southern New England Telecommunications (SNET) has filed an appeal in Superior Court (New Britain) challenging the Department of Public Utility Control's decision to grant the city of Groton a certificate to provide telecom access services. (Docket no. 00-03-12) SNET argues that Groton "is not legally empowered to offer telecommunications services to those who are not inhabitants of its electric service area" under Connecticut General Statutes =0F5 7-233i. Groton's customers as defined in its application would all be noninhabitants, SNET said. In its April 11 decision, the DPUC agreed with Groton's argument that "[the statute] has no language prohibiting a municipality from offering wholesale telecommunications service." ______________________________________________________ TENNESSEE -- BellSouth to ask TRA to support market-entry bid soon BellSouth Telecommunications, Inc., has notified the Regulatory Authority that it plans to request support for its bid to enter the Tennessee interLATA (local access and transport area) market "by the end of July." Compliance with the 14-point "competitive checklist" of section 271 of the federal Telecommunications Act 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. BellSouth asked the TRA to schedule hearings on its application for the first week of November. BellSouth asked the TRA to support its section 271 bid in 1997, but the company withdrew the request before the TRA could decide whether to endorse it, a TRA staff member told TR. ______________________________________________________ MICHIGAN -- PSC adopts '616' area code 'split' The Public Service Commission yesterday approved a geographic "split" to relieve number exhaustion in the "616" area code. A north/south geographic split will be implemented with a dividing line that follows the northern boundaries of Saugatuck, Hamilton, Hopkins, Wayland, Middleville, Hastings, and Woodland rate centers. Customers in and to the south of these rate centers will receive a new area code. Customers to the north of the rate centers will retain 616. Permissive dialing will begin by July 13, 2002, and mandatory dialing will begin Feb. 15, 2003. Wireless carriers will have an extended permissive dialing period through Feb. 15, 2004. (Case no. U-12850) ______________________________________________________ NEW YORK -- Nassau County restricts use of wireless phones Nassau County today enacted an ordinance requiring the use of hands-free devices when operating wireless phones while driving. "Although mobile phones provide convenience for our busy lives, their use must conform with the need for public safety," Nassau County Executive Thomas Gulotta said. Emergency calls to police, fire, ambulance, or health care providers are exempt from the requirement. The ordinance authorizes the police department to fine up to $100 per violation, a Nassau County spokesperson told TR. The ordinance takes effect July 1. ______________________________________________________ WEST VIRGINIA -- Verizon to appeal $18M access-rate reduction Verizon West Virginia, Inc., yesterday said it plans to ask the Public Service Commission to reconsider an order requiring Verizon to reduce its access rates by $18 million over three years. The PSC's order addressed an AT&T Corp. complaint. While the reduction is smaller than the $27.6 million suggested by AT&T, it's larger than the $6 million cut Verizon proposed. Verizon said that, if given the chance, it would demonstrate that the PSC was "misguided in seeking to mirror in-state and interstate access rates." The telco said the order gives AT&T and other long distance companies a free ride on its network at the expense of consumers. The PSC ordered the access charge reductions to be passed through to West Virginia toll customers. Verizon responded, "People shouldn't hold their breath waiting for AT&T to pass along any savings." (Case no. 00-0318-T-C, AT&T Communications of West Virginia, Inc. v. Bell Atlantic-West Virginia, Inc.) ______________________________________________________ CALIFORNIA -- Wood proposes 'anticramming' rules Public Utilities Commissioner Charles Wood has proposed rules to regulate the inclusion of noncommunications charges on phone bills. Existing law, which authorizes only communications- related charges on phone bills, is scheduled to expire July 1. (1/5/01) The proposed rules are designed to prevent "cramming," which is the placement of unauthorized charges on phone bills. The proposed rules require telecom companies to obtain a customer's written consent before including noncommunications charges on phone bills. Customers may revoke their consent at any time without charge and may identify a dollar maximum per charge and per billing cycle on noncommunications charges. Telecom companies may not disconnect or threaten to disconnect basic local phone service for nonpayment of noncommunications charges. Under the proposed rules, telecom companies must take "reasonable" precautions to screen vendors and billing agents before agreeing to provide noncommunications billing services for them. Noncommunications charges must be identified in a separate section of phone bills. Comments are due June 20. (Rulemaking 00-02-004) ______________________________________________________ MISSOURI -- House passes rights-of-way bill The House has passed a bill restricting local governments' authority to regulate public rights-of-way. The measure now goes to Gov. Bob Holden (D.). Southwestern Bell Telephone Co. and competitive local exchange carriers support the bill, but the Missouri Municipal League "fought the bill tooth and nail," a league spokesperson told TR. SB 369 would prohibit local governments from requiring telecom companies to obtain a franchise to use rights-of-way but would grandfather franchise agreements in effect May 1. The bill would prohibit rights-of-way rental fees but would authorize local governments to impose rights-of-way permit fees, which would be limited to "actual, substantiated costs reasonably incurred" in managing the public rights-of-way. Local governments would have to process rights-of-way permit applications within 31 days after receiving a complete application. Telecom and cable TV companies would be authorized to identify rights-of-way permit fees on customer bills. ______________________________________________________ GEORGIA -- WorldCom says FX calls subject to 'recip comp' WorldCom, Inc., has asked the Public Service Commission to determine that calls originated by BellSouth Telecommunications, Inc.'s customers to competitive local exchange carriers' foreign- exchange (FX) customers should be considered local and therefore subject to reciprocal compensation. Proper treatment of FX traffic is required to meet item 13 (reciprocal compensation) of section 271 of the federal Telecommunications Act of 1996's 14- point "competitive checklist," MCI said. Treating CLECs' FX traffic as long distance provides "significant competitive advantages" to BellSouth because it permits BellSouth to assess access charges on local calls and "shields BellSouth's local FX service from competition," WorldCom said. (Docket no. 6863-U) ______________________________________________________ CALIFORNIA -- ALJ suggests requiring Pacific Bell to permit intraLATA toll presubscription Administrative Law Judge Karen Jones has recommended that the Public Utilities Commission require Pacific Bell to permit MCImetro Access Transmission Services LLC's customers to presubscribe to Pacific Bell's intraLATA (local access and transport area) long distance service. The recommendation was made in a draft arbitrator's report about the companies' interconnection agreement. Pacific Bell said the requirement would be confusing to customers and would require the company to identify a separate billing channel or generate a bill solely for intraLATA long distance service. "It is blatantly discriminatory for Pacific to refuse to provide intraLATA toll service to MCI's local service customers," Ms. Jones said. She said, "Pacific's arguments of 'customer confusion' and 'billing' concerns do not have merit." "Customers could receive three different bills for the three different services, and other carriers cope with billing for only one of those three services. There is no reason that Pacific should not be able to provide a bill which includes only intraLATA services." Comments on the draft arbitrator's report are due June 20. (Application 01-01-010) ______________________________________________________ CALIFORNIA -- PUC extends deadline for Pacific Bell interLATA filing Public Utilities Commissioner Geoffrey Brown has extended Pacific Bell's deadline for filing information demonstrating its compliance with the interLATA (local access and transport area) market-entry requirements of section 709.2 of California code. The section requires the PUC to find that permitting Pacific Bell to enter the California interLATA market doesn't harm the long distance market substantially. The commission also must find that Pacific Bell's entry is based on fully open local exchange access and that the company isn't engaging in anticompetitive behavior or improper cross-subsidization. (5/7/01) Pacific Bell asked the PUC to extend the deadline from June 4 until "mid-June," when the company plans to file its section 271 application with the PUC. Mr. Brown granted the company's request and said he would establish a comment filing schedule after Pacific has filed its section 709.2 assessment and section 271 application. (Rulemaking nos. 93-04-003 and 95-04-043 and Investigation nos. 93-04-002 and 95-04-044) ______________________________________________________ IOWA -- Board mulls revoking LTDS's certificate The Utilities Board has ordered LTDS Corp. to demonstrate why its operating certificate shouldn't be revoked. The board is concerned that "actions on the part of LTDS do not appear to be the actions of a bona fide competitive local exchange carrier." The board said there appears to be no voice traffic from or to an LTDS customer in any exchange other than Fairfield. The company ordered and then cancelled orders for voice trunks in the Pella, Chariton, and Centerville exchanges. It ordered trunks in the Grinnell and Sigourney exchanges, although it has no assigned "NXX" codes there. The company's tariff also fails to include a residential rate. It was deleted in a Jan. 19 tariff revision, the board said. It said state law obligates each local exchange utility to serve all eligible customers within the utility's service territory, unless explicitly excepted from the requirement by the board. (Iowa Code section 476.29(5)) LTDS must file direct testimony by June 22. Petitions to intervene are due July 3. Additional comments from the consumer advocate and intervenors are due July 17. Prepared rebuttal testimony from LTDS will be due Aug. 3. A hearing is scheduled for Aug. 14. (Docket no. TCU-01-13 - In Re: LTDS Corporation) ______________________________________________________ NEBRASKA -- PSC to discuss implementing '511' The Public Service Commission has scheduled an Aug. 15 workshop to address implementation of the "511" dialing code as an Advanced Traveler Weather Information System (ATWIS). It will provide route-specific weather forecasts and road condition reports to callers based on specific location information they provide. The PSC approved implementation of 511 for the ATWIS May 23. The commission directed the Department of Roads and the Nebraska State Patrol to begin deploying the ATWIS. (Application no. C- 2506/PI-48 - In the Matter of the Application of the Commission, on its own motion, to seek comment on the establishment and implementation of '511' as a statewide three-digit calling number reserved for access to ATWIS) ______________________________________________________ NEBRASKA -- PSC seeks copies of MDU contracts The Public Service Commission has requested by June 15 copies of all contracts that all certified telecom carriers have entered into with multiple dwelling units (MDUs). In April 1999 the PSC issued an order clarifying its policy for residential MDU access. Qwest Corp. appealed the PSC's order to the Nebraska Supreme Court, which affirmed a majority of it. The court remanded to the PSC the issue of whether the rates it set for MDU access comply with the U.S. Court of Appeals for the Eighth Circuit's (St. Louis) decision in Iowa Utilities Board v. FCC (120 F. 3d 753). After reviewing the case's testimony, the PSC said it's "disturbed" that some telecom carriers still may be utilizing contracts with MDUs that contain exclusive access and/or exclusive marketing provisions "in apparent blatant disregard of prior orders of this commission, as well as the FCC." (Docket no. C-2534/PI-50 - The Commission, on its own motion, to examine the potential noncompliance with Commission orders entered in Docket no. C-1878/PI-23) ______________________________________________________ CONNECTICUT -- DPUC expands Lifeline assistance in tribal areas The Department of Public Utility Control has amended its Lifeline plan to enhance assistance to individuals living on American Indian tribal lands. The measure adds language proposed by Southern New England Telecommunications, which enhances "subscribership and infrastructure deployment" within American Indian communities by including a Lifeline credit of up to $30.25 per month and reducing Link Up service connection charges to qualified applicants by $100. The amendment follows an Oct. 5, 2000, FCC order to encourage increased subscribership and infrastructure rollout in tribal areas. (Common Carrier docket 96-45) ______________________________________________________ MICHIGAN -- Customers can bring complaints without counsel The Public Service Commission yesterday ruled that business and residential telephone customers can bring "slamming" or "cramming" complaints to the commission without the assistance of an attorney. The PSC's ruling involved a complaint filed by Seaway Painting LLC against WorldCom, Inc., about a billing dispute. The PSC dismissed the complaint, as requested by the petitioner, but concluded that Seaway may refile its complaint and proceed "with the assistance of a person of its choice, who need not be a licensed attorney." The commission based its decision on a provision of the Michigan Telecommunications Act, which provides, "Hearings shall be conducted in a manner as to optimize expediency, convenience, and the ability of end users to bring and prosecute, without the assistance of counsel, complaints alleging [slamming or cramming] while preserving the rights of the parties." (Case no. U-12863) ______________________________________________________ OREGON -- Group criticizes AT&T price hike The Qwest Communications International, Inc.-backed Oregon Coalition for Consumer Choice yesterday criticized AT&T Corp. for its recent announcement of an 11% increase in consumer long distance rates. "This rate hike from AT&T just underscore the importance of bringing real competition to the Oregon long distance market," said Dan Lavey, coalition director. The group said Qwest's entry into the Oregon interLATA (local access and transport area) market would save a customer who made only one 10-minute long distance call $2.80 per month, more than $33 a year, over AT&T. ______________________________________________________ MINNESOTA -- MP Telecom upgrades network MP Telecom, the telecom subsidiary of Minnesota Power, yesterday announced that it has completed a major upgrade of its fiber optic network with dense wavelength division multiplexing technology. The upgrade allows the company to increase greatly data capacity serve to its customers in Minneapolis-St. Paul, Duluth, St. Cloud, Brainerd, Grand Rapids, Hibbing, Virginia, and Eveleth. The company also has completed a 395-mile fiber optic network connecting southern Minnesota to Minneapolis-St. Paul. This network ties in Rochester, Owatonna, Albert Lea, Austin, Winona, and Red Wing. ______________________________________________________ MASSACHUSETTS -- CTC activates Springfield fiber network CTC Communications has activated one of its four fiber networks in western Massachusetts. CTC PowerPath customers in Springfield currently use the network, which was purchased from a variety of dark fiber suppliers under a 20-year lease agreement and light up by Cisco System, Inc., optronics. The company said it will activate fiber access to its network in over 60 locations throughout the New England and Mid Atlantic states this year. ______________________________________________________ GEORGIA -- AGL networks to install fiber in Atlanta AGL Networks LLC has started building a fiber network in Atlanta. It will include 616 conduit miles in Atlanta's central business district and the cities of Buckhead, Galleria, and Sandy Springs. AGL Networks is a subsidiary of AGL Resources, Inc., an energy services holding company that serves customers in Georgia, Tennessee, and Virginia. =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D EN= D =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D= =3D 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 Victoria Curtis, E-mail: mailto:vcurtis@tr.com Senior Research Analyst Account Services: Eileen Callahan (202) 312-6116, (202) 312-6065 (fax), E-mail: mailto:ecallahan@tr.com
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