State Legislatures See New Bills on Wireless DA, Other Issues

In Conn., Attorney Gen. Richard Blumenthal (D) called for state legislation on wireless directory assistance (DA) that would require customers to give consent on a separate form for inclusion in such listings. He said such legislation would be “a powerful, preemptive strike for consumers -- a brick wall against telemarketers and wireless companies eager to profit from private consumer information.” He said it would prevent carriers from including listing consent language in the fine print of their service agreements. Last month, Blumenthal sent letters to the state’s major wireless carriers urging them not to proceed with creation of wireless directory assistance.

The Tex. Senate saw introduction of a wireless directory consent bill. Under SB-93, wireless carriers would have to use a separate document that’s solely for the purpose of obtaining wireless directory consent from consumers. It would advise consumers explicitly that by signing the document, they consent to have their wireless number included in publicly available directories. It would allow consumers to withdraw their consent any time and would require that carriers comply with the request within 60 days. It also would prohibit wireless carriers from charging customers for keeping their number out of directories. Enforcement would be through the Tex. PUC.

A new Colo. bill would authorize local govts. to impose an E-911 tax on providers of VoIP services. Under HB-1158, VoIP service otherwise would be exempt from PUC regulation and from state and local telecom taxes. The bill would cap the E-911 tax on VoIP services at 70 cents monthly per access facility or account at a particular billing address. The measure also would direct localities to promptly amend E-911 taxation of VoIP providers to conform to any national policy or standards adopted by the FCC for E-911 taxes on VoIP providers. It’s pending in the House Finance Committee. A Neb. E-911 bill (LB-458) would increase to $1.50 monthly from 50 the state cap on local wireless E-911 taxes. A new bill in Alaska would repeal the state’s 75 cents cap on monthly municipal E-911 surcharges. Under HB-74, municipalities could set their tax at a level sufficient to recover their costs, with no cap specified. Supporters said the 75 cents cap is insufficient to cover the costs that some cities have incurred in upgrading and enhancing their 911 systems. They also argued that 911 fees shouldn’t be a state matter but rather local.

An Ind. bill (HB-1148) would prohibit municipalities from providing broadband Internet access services if there’s an existing provider within its borders or if a provider plans to provide service within 9 months. The bill also would require a municipality to conduct a detailed cost-benefit analysis and hold public hearings before approving a municipal Internet access venture. It also would bar a municipality from imposing any broadband system costs on non-subscribers.

Telecom billing legislation in N.J. (AB-3703) would prohibit telecom, energy, cable or other utility companies from charging a customer’s credit or debit card for services prior to the billing due date for the service period. Supporters said consumers have complained that their cards were being charged immediately, causing them financial inconvenience. The bill is in the Assembly’s Telecom & Energy Committee. A Me. Senate bill (SB-96) would require that telecom providers offer flat-rate unlimited calling plans that include municipalities that abut current local calling areas. The Utah Senate passed a bill (SB-100) authorizing free wireless Internet access in the state capital building’s legislative facilities. The project would be done by the Utah Capital Preservation Board, which oversees the buildings and grounds of the state capital complex. Funding is left to the board. The bill was sent to the House.

A new Miss. bill (HB-1088) would give the PSC sole authority to regulate rates for inmate pay phone services. The measure would take away jurisdiction from the state Dept. of Corrections. It’s pending in the House Public Utilities & Appropriations Committee. An Ore. bill would require that telecom carriers’ certificates of authority be amended when they revise their service areas. SB-309 requires that the PUC automatically issue an amended certificate when carriers file their revised service area maps. A Me. bill would give the PUC the authority to review basic-tier cable rate increases and petition the FCC to roll back cable rates that it found to be unreasonable. A PUC review could be initiated if at least 25 subscribers complained of an increase. Additionally, HB-156 would require that cable companies notify customers of rate increases at least 120 days in advance.

A Colo. carphone safety bill would prohibit any driver under age 18 or driving on a learner’s permit from talking on a handheld wireless phone while driving, except in emergencies. The legislation would make violations a secondary traffic offense and would require violations points to be charged against the driver’s license, as well as fines. If it were passed, this would be the first such measure in the nation to impose points for carphone violations. Two Fla. bills address Lifeline. The first (SB-742) would require that carriers notify customers about availability and eligibility standards for Lifeline through an annual billing insert and other means. A related bill (SB-744) would require that carriers submit monthly reports to the PSC on Lifeline enrollments and applications approved and rejected.

A 2004 bill in S.C. that overhauled the legislature’s election process for the S.C. PSC became law without the signature of Gov. Mark Sanford (R). Under HB-3530, terms of the 7 PSC members will be staggered instead of them all being elected at once. In addition, it prohibits state lawmakers to serve on the PSC and bars any potential candidate who has sought election to the legislature in the past 4 years. PSC members are elected by the legislature from a list of pre-qualified candidates. The new law also imposes rules regarding ex party communications with PSC members and authorizes a compliance advisory staff and public advocate staff for the agency.