ADVANCING STATE TELECOM BILLS ADDRESS BROADBAND, OTHER TOPICS

Colo. Senate Local Govt. Committee advanced SB-105 that would allow local govts. to help private telecom carriers finance broadband infrastructure within their municipal borders through municipal bonds or guaranteed loans. Bill, which advanced to Senate Finance Committee, was shorn of original provision that would have required localities to establish telecom authorities for financing broadband projects and allowed municipalities to create their own municipally financed broadband service providers.

Va. bill to create state-charted broadband development authority covering 33 counties and 9 cities in southwestern part of state cleared Senate committee process and awaits Senate floor action. Under SB-1347, authority’s 11-member board could make agreements, buy property, issue bonds and take other steps to extend reach of broadband services in region.

Ind. House passed and sent to Senate anti-spam bill (HB- 1083) that would require unsolicited advertising e-mails to contain advisory in subject line that message was advertisement. Spam messages also would have to include means for recipients to remove themselves from sender’s e- mail lists. ISPs would be authorized to block spam that violated law. Violators also would be subject to state prosecution for unfair trade practices. Somewhat similar Ind. antispam bill on Senate side (SB 74) cleared Senate Economic Development & Technology Committee. That measure would prohibit any deception in e-mailed advertisements and allow ISPs to block any deceptive advertising e-mails. In Ariz., House Judiciary Committee advanced antispam bill (HB- 1207) that would ban spam with misleading subject lines or false origination indications. Messages also would have to contain way for recipients to remove themselves from sender’s e-mail lists. ISPs could block spam that violated measure. Recipients also could sue senders for greater of $500 or actual damages, while ISPs could sue for greater of $1,000 or actual damages. Bill was referred to House Commerce & Appropriations Committees.

S.D. bill to create PUC-administered no-call telemarketing list (SB-41) cleared Senate committee process and has gone to Senate floor. No-call bill would exempt only newspaper publishers and companies calling established customers. Penalty would be fine up to $5,000 per offending call. Local service providers would be required to inform their customers of how to get on state list. Va. House passed and sent to Senate junk fax bill (HB-2618) that would prohibit transmission of unsolicited fax advertisements. Bill that passed House lacked provision in original measure that would have given state regulators power to disconnect fax numbers that sent junk faxes. N.J. Assembly Telecom & Utilities Committee advanced junk fax bill (AB-2721) that would allow recipients of unsolicited faxed ads to sue senders in state court for greater of $500 or actual damages, plus legal fees.

Hawaii House Transportation Committee advanced bill (HB- 49) that would prohibit use of handheld mobile phones while driving, except in emergencies. Penalty would be $100 fine. Carphone safety bill in S.D. met opposite fate as Senate Transportation Committee defeated measure (SB-65) that would have barred use of any type of mobile phone while driving, except in emergencies.

Mont. bill (HB-266) to make changes in state program that provides adaptive telecom equipment to handicapped customers cleared House committee process and advanced to chamber floor. Measure would eliminate participation fee now charged to households with incomes between 250% and 400% of federal poverty line, meaning no participants would pay any fees. Bill also would eliminate requirement that program fund hearing-impairment screening devices for evaluating infants’ hearing.

Ark. distance learning resolution (SCR-3) passed Senate, cleared House committee process and is awaiting House floor action. Resolution would urge state information technology officials to meet promptly with telecom providers and school administrators to work on plan for using latest telecom and information technology to improve distance learning. Resolution says improved distance learning could reduce or eliminate need to implement unpopular consolidations of school districts.

N.D. House passed and sent to Senate “N11” legislation (HB-1135) that would give PSC authority and duty to investigate and resolve issues related to establishment of “N11” dialing codes such as 211 for human services referrals or 311 for nonemergency public safety calls.

Mo. Senate Commerce & Environment Committee advanced regulatory bill (SB-246) that would allow PSC members to reside anywhere in state. Current law requires members to live within 40 miles of state capital in Jefferson City. Bill also would authorize creation of new 6-member technical advisory staff for PSC.

Va. House passed and sent to Senate municipal telecom measure (HB-2397) that would prohibit municipalities from using tax money or free access to public lands to support their telecom service operations. Bill also would require public sector telecom carriers to file annual reports with Corporation Commission showing how they separately accounted for all operating expenses and revenues from their telecom business. It also would require those carriers to provide private sector carriers with access to their poles, conduits and rights-of-way on first-come, first-served basis.

Ind. Senate Economic Development & Technology Committee adopted 911 bill (SB-401) that would establish guidelines and processes for collecting wireless E-911 fees from wireless service subscribers. Under bill, state would set wireless E- 911 fee to be billed monthly to subscribers. Bill would cap fee at $1 monthly per wireless number and allow only one increase, limited to no more than 7 cents, per calendar year.

N.M. Senate Public Affairs Committee advanced telecom- related tax bill (SB-65) that would give counties option of imposing temporary countywide excise taxes to help support 911 dispatch centers and county-run emergency paramedic services. Tax mainly would affect persons and businesses within county but located outside of city or town boundaries. Bill was referred to Senate Finance Committee. New taxes would be limited to quarter-percent for 911 centers and sixteenth-percent for emergency paramedic services for maximum of 10 years duration. New taxes would have to be approved by voters in general or special election.

Hawaii House Consumer & Commerce Committee approved HB- 473 to require Hawaii PUC to establish and maintain Web site where public could access decisions and orders, lists of open dockets, lists of upcoming meeting agendas and all pending deadlines. Bill also would require all submissions to PUC be in electronic format. PUC currently doesn’t have interactive Web site.