STATE LAWMAKERS INTRODUCE TELECOM BILLS WITH TWISTS

A Colo. carphone safety bill (HB-1063) would place one violation point against the license of a driver whose handheld phone use resulted in an accident. The point would be added to any other applicable penalties. Attempts to impose violation points for carphone safety violations have been defeated wherever proposed. Proponents have drawn strong constituent opposition because drivers who accumulate points face higher insurance rates and possible loss of their licenses. The bill also would impose a $50 fine for use of a handheld mobile phone while driving, but only if the violator were stopped for another traffic offense. Hands-free models and calls for emergency assistance would be exempted. An Ind. carphone safety bill (SB-131) not only would ban the use of handheld mobile phones while driving, but also would allow any person who saw a driver using a handheld mobile phone to report the offense to state or local police. The bill would require the police to issue a warning notice to the registered owner of the vehicle stating that a carphone safety offense had been observed. There would be no penalties with the warnings.

A Cal. inmate payphone bill would bar the state Dept. of Corrections from awarding inmate payphone service contracts for state prisons based on the state’s profit. Under HB-230, contracts would have to provide the lowest “reasonable” rate for inmates and their families, consistent with covering reasonable expenses of securing and monitoring inmate payphone service. The bill said inmates who kept in contact with their families were less likely to commit more crimes. Current contracts bring the state general fund $26 million annually.

A new Colo. bill (HB-1065) would extend the immunity afforded 911 emergency providers to include “211” human service referral providers. The bill would immunize the referral providers and the Colo. 211 Collaborative from civil liability for injury, death or loss resulting from an act or omission in operating referral service.

In other noteworthy new legislation, 6 Wis. CLECs and the Wis. Citizens Utility Board were among those urging a Wis. Assembly committee to defeat a bill (AB-729) that would require the Wis. PSC to decide within 180 days on incumbent telco proposals to increase wholesale rates for interconnection or UNEs. Failure to act in time would constitute approval. The panel is scheduled to act on the bill Tues. (Jan. 13). Other opponents included the AARP, Midwest Hardware Assn. and Wis. Merchants’ Federation. Opponents told the Assembly Select Committee on Job Creation that the bill would impair the PSC’s ability to review wholesale rate increases. The bill is part of a package of legislation that seeks to spur state economic development by streamlining state regulation. But the opponents said this bill would discourage telecom market entry, chilling business development.

A Ky. bill (HB-44) would make political campaign calls, placed on a candidate’s behalf by 3rd parties, subject to the state’s telemarketing restrictions. The bill would exempt calls placed personally by the candidate or the candidate’s immediate family. Such calls currently are exempt from the restrictions. Another Ky. telemarketing bill (HB-65) would prohibit telemarketing calls to wireless phone numbers. In Fla., a prefiled telemarketing bill (SB-1408) would direct the state Consumer Services Dept. to study whether the state should establish a no-call list and report its findings by Dec. 1.

A telecom tax bill in R.I.. (SB-2008) would exempt a carrier’s sales of access services to another carrier from the state sales and use taxes. Such transactions would be classified as “sales for resale.” In Vt., HB-510 would amend a 2003 law allowing municipal taxation of telecom services to bar collection without approval in resolution by the legislature.