NEW BILLS FOR 2003 SHOW FOCUS ON PUC OPERATIONS, TELEMARKETERS

Parallel broadband bills introduced in Mo. legislature would prohibit PSC from regulating any broadband services of any providers. Legislation (SB-221/HB-142) would bar PSC from “entering any order, adopting any rule, or otherwise taking any agency action” against broadband providers. Measures also would prohibit PSC from imposing any network unbundling requirements beyond those prescribed by FCC. SBC said it supported legislation and promised to increase broadband investment if it passed. SBC said it would push for similar legislation in some of its other states. Critics said measures were anticompetitive because they would allow SBC to deny competitors line sharing and any UNEs or combinations not mandated by FCC.

Telecom regulation bill introduced in Ind. (SB-95) would authorize Ind. Utility Regulatory Commission (IURC) to impose fine up to $25,000 for violations of its rules, compel violators to cease and desist, compel corrective actions and revoke intrastate operating authority of violators. IURC also would have power to compel utility to provide service to customers within 24 hours in emergency situations. State Attorney Gen. Office would be authorized to enforce collection of penalties and compel compliance with IURC orders. IURC now must sue violators in state courts in order to impose any penalties or compel compliance with its orders.

Bill introduced in Cal. Assembly (AB-84) would reinstate legal requirement for annual audit of Cal. PUC’s use of funds collected from regulatory fees and assessments on utilities. Audit requirement expired in last fiscal year. Bill would continue annual audit requirement indefinitely. Audit bill in Wash. House (HB-1013) would require Joint Legislative Audit & Review Committee to periodically audit operations of Wash. Utilities & Transportation Commission (WUTC) to determine whether agency was following efficient processes in its telecom and energy regulation. Audit costs would be paid by assessment on utilities. Measure said regulatory efficiency ultimately would benefit consumers and industry.

Regulatory bill in Mont. (HB-168) would create special revenue fund for penalty payments made to PSC by Qwest or any other carrier subject to wholesale performance assurance plan. Account would be under PSC control and funds would be used to defray PSC’s administrative expenses in overseeing performance plans. Any surplus could be used for other regulatory purposes.

Minn. regulatory bill (HF-35) would redefine local calling areas to require that they conform to school district boundary lines. Bill would ban per-min., per-message and any other types of usage-sensitive charges on calls that originated and terminated in same school district. For school districts that sprawled across multiple exchanges, bill would declare entire school district to be within local calling area of each of those exchanges.

Va. telecom certification measures (SB-874) would give municipal governments that have local exchange service authority from Corporation Commission automatic right to also provide Internet access, broadband and any other telecom services their infrastructure could handle. Similar bill (SB-875) also would include cable TV services in automatic authorization.

On telemarketing front, Ind. bill (HB-1099) would make it civil misdemeanor for political candidates or their representatives to place automated prerecorded campaign calls to voters. Violators would be liable for $50 civil fine per offending call. Bill would not affect calls where candidate or representative delivered campaign message by speaking live.

Spam bill introduced in Ind. Senate (SB-74) would prohibit transmission of any personal or advertising e-mails if sender used 3rd party’s Internet domain name to indicate origin point without party’s permission. Bill also would prohibit advertising e-mails that contained false or misleading information in subject lines or that misled recipient as to origin point of message.

Miss. telemarketing bill (HB-289) would consolidate enforcement of telemarketing laws entirely with PSC, displacing Attorney Gen. as primary telemarketing enforcer. Under measure, telemarketers would have to register with PSC and post $75,000 bond. Bill would give PSC power to investigate complaints, impose $10,000 fine per violation and seek civil damages through state courts. Another Miss. telemarketing bill (HB-295) would prohibit use of automatic dialers for telemarketing purposes between 9 p.m. and 9 a.m. weekdays and until noon on Sundays.

No-call telemarketing bill in Mass. (HB-234) would direct Secy. of State to establish and administer no-call list for residential landline and all wireless numbers. There would be $5 registration fee to consumers. List would be updated quarterly. Enforcement would be through Secy. of State or Attorney Gen. Office with $5,000 fine per offending call. Only exemptions would be for calls at customer’s invitation, debt collection and businesses calling established customers. Another Mass. telemarketing bill (HB- 99) would give consumers 3 business days to cancel purchase of products or services from telemarketers without penalty. Telemarketers would be required to inform customers of cancellation right at time sale was made. Customers would be able to cancel sale by phone or letter. Where cancelled purchase was charged to credit or debit card, telemarketer would be required promptly to cancel charge or refund money.

Two N.Y. telemarketing bills take aim at “junk fax” advertising. First bill (AB-357) would limit length of advertising faxes to 5 pages and prohibit sending unsolicited advertising faxes 6 a.m.-9 p.m. Violators would be liable for greater of $100 fine or actual damages. Second bill (SB- 128) would allow residents to put their fax numbers on state’s no-call telemarketing list. Bill would ban all faxed ads to numbers on state list unless person was an established customer. Bill would require fax retailers to post notice in their stores about no-call list.

Carphone safety bill in Va. (SB-906) would ban use of handheld mobile phones while driving on pain of $25 fine. Violations would be primary offense, meaning offenders could be stopped even if they were doing nothing else wrong. Exceptions would be made for drivers of emergency vehicles and for “professional” drivers. Bill also would require law enforcement agencies to keep track of accidents in which handheld car phone use was factor. More limited Va. carphone bill (HB-2493) would ban use while driving of any mobile phone by drivers under 18 except to call for emergency assistance. Ind. carphone safety bill would ban use of all mobile phones while driving, except in emergencies, on pain of $1,000 fine. Under SB-110, any individual would be authorized to alert police to violators.

New 911 bill in Mont. Senate (SB-132) would designate state Dept. of Administration as rulemaker for statewide 911 systems. Under measure, agency would rule on requests to establish basic or enhanced 911 service, evaluate 911 system plans and participation requirements and distribute state funds for 911 programs. Mo. E-911 tax bill would authorize counties to levy local tax to pay for implementing wireless E-911 service. Under SB-64, counties by ordinance could impose wireless E-911 tax equal to wireline 911 charge, up to cap of 50 cents monthly per number. Up to 20% of tax collections could be used for E-911 grants to localities within county with few wireless users. Grant program would be phased out as systems were built. Supporters noted failure last year of legislation to impose state wireless E- 911 tax and said it might be easier for local officials to explain need for tax to their local constituents. E-911 tax bill in N.Y. (SB-14) would add Otsego County to list of those authorized to levy local 911 tax of up to 30 cents monthly on wireless phone numbers to fund wireless E-911 implementation. At least 16 counties last year were authorized by legislature to collect local wireless E-911 tax.

Telecom crime bill in Mont. (HB-54) would amend state’s laws against child porn, stalking and criminal defamation to include use of fax machines or computers to harass another person, distribute sexual images of children or maliciously defame another person.

Consumer-oriented bill in Mass. (HB-253) would require publishers to use larger type in their printed phone books. Measure doesn’t specify type size or style, but says phone books’ type should be large enough so that customers could read names and numbers “clearly and quickly.” Bill aims to reduce misdialing that could become hazard in emergency situations. Mass. telecom consumer legislation (HB-130) would require that cable companies annually include comment card in their bills so customers could rate quality of customer service and make suggestions about programming. Company would have to forward summary of comments within 6 months to municipality or other local entity that oversaw cable service. N.Y. bill (SB-275) would require local exchange service providers to offer free delisting services to customers who were victims of domestic violence and who had protective orders. Eligible customers could delist themselves from phone books and directory assistance listings at no charge.

Mass. wireless tower bill (HB-142) would give local governments explicit power to regulate size, location, appearance and construction of wireless towers through zoning, provided they didn’t use local ordinances as tool to prohibit construction or modification of towers. Measure would create 5-member tower siting appeals board within Mass. Dept. of Telecom & Energy to hear cases where locality had denied tower permit or had failed to act on request within 12 months of filing. Wireless tower bill in Miss. (HB-506) would require tower operators that leased tower sites to pay landowners 10% of value of any subleases they wrote for tower site.

Telecom facilities access bill in Va. (SB-873) would prohibit owners of fiber or copper telecom facilities from refusing to lease excess capacity to other telecom, cable or broadband service providers. Bill would require leasing as long as any unused capacity was available, and leasing arrangements wouldn’t impair owner’s services or create safety hazard. Leasing would be at “reasonable” rates and terms to be set through negotiations.

Va. broadband bill (HB-1816) would make Va. Center for Innovative Technology coordinating agency for efforts of public and quasi-public state entities to hasten deployment of broadband service. Center would monitor trends and telecom technology advances, forecast future direction, identify funding options. Center would report annually to state’s Joint Commission on Technology and Science on its activities and on availability of broadband service around state.

Va. telecom taxation bill (SB-858) would eliminate requirements that telecom providers separate sales-tax-exempt telecom services on their bills for bundled services. Under bill, telecom providers could aggregate charges for taxable and nontaxable services on bills for service packages if they can separately identify nontaxable charges on their books and accounts. Sales taxes charged would have to be based only on taxable components of service bundle.