New telecom laws in Cal. and N.J. address 911 and junk faxes. Cal. Gov. Arnold Schwarzenegger (R) signed a bill to change the way 911 calls from wireless phones are routed. Previously, all 911 calls from wireless phones were routed to the nearest Cal. Highway Patrol station, which then would have to forward fire and ambulance calls to appropriate responders. Under the new law (SB-911), wireless 911 calls will be routed directly to the 911 dispatch center that covers the location of the caller, as landline 911 calls are routed. Acting N.J. Gov. Richard Codey (D) signed a bill imposing a minimum civil fine of $500 or actual damages on anyone who sends unsolicited faxed ads. The new law (AB-669) has a major exemption, letting trade groups send junk faxes to persons or entities in the trade, and permitting businesses to send junk faxes to consumers with whom they have business relationships. Senders must include in the fax explanation of why their messages are lawful. Messages also must include contact information recipients can use to remove their names from a sender’s fax list. Actions against senders can be brought in state court by any recipient.

The FCC order on 911 requirements for VoIP providers was published in the Federal Register Wed., giving the order a July 29 effective date. The effective date in turn triggers a 120-day period before interconnected VoIP providers must provide enhanced 911 service to customers, meaning they must meet the rules by Nov. 28. Comments are due Aug. 15, replies Sept. 12, on an accompanying notice of proposed rulemaking to decide if additional steps are needed. The order still lacks one approval -- OMB must okay new information collection requirements, but this isn’t expected to affect the deadlines. The order also requires VoIP providers to notify customers of their 911 services’ capabilities and limitations by July 29.

Alaska Gov. Frank Murkowski (R), signed an E-911 bill letting local govt. impose an E-911 surcharge of up to $2 monthly per line to install and operate E-911 systems. The new law (HB-249), which takes effect Sept. 22, addresses municipalities’ complaints that the old cap on 911 surcharges limited Alaskan cities and towns to basic 911 services lacking automatic location capability. The measure would let municipalities exceed the $2 cap if voters approve a higher cap by referendum. The bill also specifies that money from the E-911 surcharge can’t go for any purpose other than to build and operate the E-911 system.

The Supreme Court overturned a lower court ruling in the Brand X case, backing an FCC decision to treat cable broadband as an information service and not a telecom service. The 6-3 ruling in FCC v. Brand X is a major boost for cable operators. “We've won,” said cable consultant Steve Effros. “The law is evolving with regard to the delivery of data services, but it is clearly evolving toward a deregulatory stance.”

Tex. Gov. Rick Perry R) signed 911 and wireless tower bills. The 911 measure (HB-1583) expands local authorities’ ability to collect 911 fees from telecom providers. The new law lets local 911 districts require telecom providers supply data on items such as a breakdown of access lines subject to 911 fees and those that are exempt. It lets local districts sue telecom providers to recover fees billed and collected but not remitted to the 911 district. It also lets the PUC impose extra penalties on telecom providers refusing to cooperate on 911 fees. The new tower law (HB-843) requires parties building wireless towers over 60 feet high in populous areas to notify surrounding residents and businesses of their intent to build. The notification is required for construction in counties with populations exceeding 1.4 million. The intent is to give neighboring property owners a chance to challenge the construction.

The Alaska legislature passed an E-911 bill that will let local govt. impose an E-911 surcharge of up to $2 monthly per line to install and operate E-911 systems. The bill (HB-249) sent to Gov. Frank Murkowski (R) addresses municipalities’ complaints that the old cap on 911 surcharges limited Alaskan cities and towns to basic 911 services lacking automatic location capability. The measure would let municipalities exceed the $2 cap if voters approve a higher cap by referendum. The bill also specifies that money from the E-911 surcharge can’t go for any purpose other than to build and operate the E-911 system.

The FCC clearly has taken the “right first step” with its E-911 order, congressional members told FCC Chmn. Martin in a letter Wed. “Not only are we pleased that the Commission imposed a clear requirement on VoIP providers to provide E-911 capability, but the Commission acted appropriately in requiring VoIP providers to notify customers of any limitations with respect to 911 access,” the letter said. The members told the FCC that a further step in mandating 3rd-party access to wireline E-911 is necessary, which is addressed in legislation sponsored by those who signed the letter: Sens. Nelson (D-Fla.), Clinton (D-N.Y.), Burns (R-Mont.), Snowe (R-Me.) and Reps. Gordon (D-Tenn.), Shimkus (R-Ill.) and Eshoo (D-Cal.).

The National Emergency Number Assn. (NENA) has started an automated testing program for TTY equipment used by the hearing impaired. The automated system, which determines if TTY equipment is working properly, is designed to help 911 centers comply with the Americans with Disabilities Act. Known as TTY-PASS, the system sends a 3-min. test script to the 911 operator’s TTY. The 911 call taker copies the received text into a secure website where a score is generated. To receive a passing score, the TTY must have a total character error rate of 1% or less, NENA said. The program has an annual fee of $75 per TTY which includes unlimited testing, NENA said.

A Mich. PSC hearing officer recommended upholding SBC’s claim that CLEC Lucre Inc. owes it $1.3 million in unpaid access, SS7 and 911 charges. The administrative law judge’s recommendation (Case 14384) came on an SBC complaint alleging Lucre failed to pay lawful and proper tariffed charges. Lucre didn’t dispute the signaling and 911 charges but said traffic that crossed SBC’s network en route from Verizon’s network to Lucre’s switches was billed incorrectly. Lucre said Verizon should have been billed at the unbundled dedicated local transport rate for Lucre-bound traffic originating in its territory, and Lucre billed for its Verizon-bound originating traffic at the same rate. The ALJ disagreed, saying facilities and network configurations used by Lucre didn’t fit the definition of dedicated local transport in FCC rules or in the carriers’ local interconnection agreement. The ALJ said the PSC should find that Lucre owes SBC the claimed access charges, and Lucre should start paying access charges when billed.

Governors around the U.S. have signed telecom bills on phone deregulation, municipal telecom entry, building access, wireless E-911 and other wireless services. And more legislation is pending on video franchising, competition and PSC powers.