Qwest CEO Joseph Nacchio told state regulators fastest way to develop local competition was to “give competitors the freedom to take risks and enjoy the reward.” In keynote speech Mon. at NARUC winter committee meetings in Washington, he called himself “unabashed capitalist” willing to put money at risk where there’s best possibility of return. Talk came just one day before NARUC decision on its policy toward 2 federal-level deregulation proposals.
Tenn. Senate Transportation Committee passed pair of bills to ban drivers under age 18 from using any type of mobile phone while driving, except to call 911. SB-10 would ban car phone use by any such driver and companion SB-9 would ban car phone use by drivers on learner’s permit or learner’s intermediate license, which usually means drivers under 18. Penalty would be $100 fine. Drivers on learner’s permit or intermediate license would have to wait additional 90 days before advancing to next step of state’s graduated licensing process for new drivers. State Sen. Steve Cohen (D-Memphis) said bill targeted teen drivers because they were inexperienced and more prone to distraction.
Md. House Ways & Means Committee plans hearing March 6 on bill (HB-768) that would exempt telecom companies from state’s utility gross receipts tax. To address resulting tax revenue loss, bill would make retail telecom services other than Internet access, toll-free calling and private lines subject to state’s sales tax. Tax change would take effect Jan. 1. Parallel Senate version of bill (SB-787) will be heard in Senate Budget & Taxation Committee March 21. House Commerce Committee will hold hearing March 7 on legislation (HB-1078/SB-505) that would authorize statewide establishment of wireless E911 service, which would provide automatic location information for wireless phones. Program would be funded through state 911 surcharges and administered by state Emergency Number Systems Board.
Ark. House unanimously passed Internet-related sales tax bill. HB-1440 would require that out-of-state vendors with “significant connections” to state, such as affiliation with traditional retailer in Ark., collect state sales tax on sales to Ark. customers made via Internet or other online network. Bill now goes to Senate Revenue & Tax Committee. Meanwhile, Ark. Senate Technology & Legislative Affairs Committee defeated House- passed bill (HB-1003) that would have required public schools and libraries to install Internet filtering programs on their Web- connected computers to block access by minors to pornographic Web sites or take their Internet access service only from providers with filtering capability. Sponsor, state Rep. Russ Bennett (R- Lewisville), vowed to amend bill and try again. Ark. House Transportation Committee was scheduled to open hearings today (Feb. 22) on bill (HB-1229) that would ban use of handheld mobile telephones while driving, except for 911 emergency calls or calls by emergency service personnel.
FCC denied petition for reconsideration by FocuSystems on wireless Enhanced 911 order. FocuSystems had argued that interim benchmarks for activating automatic location identification- capable handsets were “overly burdensome” and shouldn’t apply to carriers that didn’t yet have to meet public safety answering point (PSAP) request for E911 Phase 2 service. Commission said petition didn’t offer basis for reopening issues in E911 proceeding. FocuSystems said interim benchmarks for activating handsets would force carriers relying on handset-based approach for meeting E911 Phase 2 requirements to make sizeable investments before any PSAP in their operating territory could use specific location data. It also asked agency to reconsider part of order that required carriers to reveal technology choice for meeting Phase 2 requirements. Assn. of Public-Safety Communications Officials had opposed petition, saying E911 deployment schedules shouldn’t be pushed back because some technology improvements still were in offing. Agency said it denied petition as “untimely, directed to the wrong decision and without merit.”
Several telecom bills made cut at Va. legislature’s “move or die” deadline for bills to pass chamber of origin, but car phone restrictions were among those defeated for this year. House bills crossing over to Senate Wed. included HB-1902 to eliminate mandatory hearings on local exchange certification applications, HB-1767 to require that new telecom and energy facilities be installed within existing utility rights-of-way whenever feasible, HB-1914 to limit grounds on which utility pole owners could refuse to allow telecom or cable facility attachments, HB-2640 exempting telephone cooperatives from filing local exchange tariffs and allowing them to take ownership interest in other telecom companies, and HB-2427 restricting telemarketing hours and requiring telemarketers to identify themselves in person and via caller ID. Senate bills passing on to House included SB-1349 exempting wireless customers from local E911 taxes and changing assessment basis for state’s 75-cent monthly wireless E911 surcharge to per-customer basis from per-number, and Senate resolution (SJR-336) forming legislative subcommittee to study highway safety threat posed by car phone use and to recommend legislation for next year. Among telecom bill casualties were 4 in House (HB-1629, 1884, 2381 and 2809) to restrict or ban use of car phones while driving. Other defeated bills included SB-1323 to give local governments explicit zoning authority over wireless telecom towers, HB-1490 capping local 911 taxes, SB-1425/HB-1971 to require landlords be compensated when competitive telecom providers access individual tenants, HB-2196 to require state Corrections Dept. to apply all provider rebates from inmate payphone services to reducing phone charges to inmates, and SB- 1328 to make electronic eavesdropping automatic felony.
New bill in Tex. Senate (SB-547) would amend state’s sales tax on telecom services, applying it only to charges that actually pay for local and interexchange phone service. Currently, sales tax is paid on entire phone bill including “public interest” surcharges for universal service, 911, school and library phone discounts, deaf relay service. State Sen. David Sibley (R-Waco), bill sponsor, said it was unfair to tax amount to other taxes, and ending sales tax on surcharges would save phone customers $96 million on state and local sales taxes. But opponents say tax cut is unwise when state’s surplus is dwindling and economy is slowing.
Grayson Wireless said it was developing its network-based Enhanced 911 caller location technology for GSM networks in addition to its systems for other standards, including CDMA and TDMA.. Grayson, arm of Allen Telecom, expects Geometrix GSM solution to be available in 2nd quarter. Technology will allow GSM carriers to meet FCC’s Phase 2 implementation schedule for E911.
New bill in Ore. House would make audio recordings of 911 emergency calls confidential information that couldn’t be disclosed without consent of person making call. Sponsor of HB- 2436, state Rep. Steve March (D-Portland), said treating 911 recordings as public records forces people to relive their tragedies when recordings of their emergency calls are replayed in TV and radio news broadcasts. Bill also would bar publishing verbatim written transcripts of 911 calls without consent.
Bills that would criminalize irresponsible car phone use have appeared in Minn. and Miss. Bill in Minn. House would make it criminal misdemeanor to use any mobile telephone while driving motor vehicles in state. Bill (HF-200) would require penalties for violators but doesn’t specify what they should be. Sponsor, state Rep. Mike Jaros (D-Duluth), acknowledged that total ban on car phone use was longshot, but said bill would help bring issue of irresponsible mobile phone use into public view. Jaros said he was open to compromise, such as allowing hands-free mobile phones and emergency calls to 911. Measure is in House Crime Prevention Committee. Miss. car phone bill (HB-159) would make it criminal misdemeanor to have auto accident because of talking on mobile phone. If police determined mobile phone use caused or contributed to accident, offending driver could be fined $1,000 under bill. Conviction also would be considered persuasive evidence of negligence in any lawsuit arising from accident. Bill is in House Judiciary Committee.