Telecommunications Reports presents . . . . . TR's State NewsWire
January 23, 2001 2 P.M. Edition


STATES
PENNSYLVANIA -- Appellate court upholds Nextel wireless tower permit
MICHIGAN -- PSC approves Ameritech identity theft protection procedures
MICHIGAN -- PSC OKs revised Ameritech 'recip comp' rates
HAWAII -- Legislators to examine telemarketing fraud
MICHIGAN -- PSC fines companies for 'slamming'
UTAH -- Bill would increase telecom access in rural schools
FLORIDA -- Consumer group says local competition in Florida has failed
MISSOURI -- Bill would let colleges establish 'telecommunity centers'
VIRGINIA -- Legislator proposes license plate commemorating state's tech
heritage
IDAHO -- PUC sets new hearing on high-cost fund
TEXAS -- ALJ sets hearing on 'slamming' complaint


WIRELESS
PENNSYLVANIA
Appellate court upholds Nextel wireless tower permit

The Commonwealth Court of Pennsylvania has upheld a decision by the
Newlin Township Zoning Board to allow Nextel Communications, Inc., to
build a telecommunications tower in Newlin.

The opinion, written by President Judge Joseph T. Doyle, upheld a trial
court decision to defer to the town's zoning board.  The citizens
opposing the tower said the board erred when it defined Nextel's
proposed tower as a "radio transmitter."

The Newlin Township zoning ordinance limits the types of buildings that
can be constructed but allows the board to grant a "special exemption"
to authorize the construction of a "radio or television transmitter."
The ordinance, however, doesn't define "radio transmitter."

The citizens asserted that the "radio transmitter component of the
facility is but a minor element" and said the 150-foot tower "falls far
outside any commonly understood definition of 'radio transmitter.'"
They argued that because the tower doesn't fit into any other category,
the zoning ordinance doesn't permit it to be constructed within the
township.

Judge Doyle ruled that the record supported the board's decision.  The
judge noted that testimony by a Nextel engineer demonstrated that the
tower was an integral part of the facility.  He concluded that the
"entire system operates together in order to transmit the necessary
information for the cellular network to function."

Senior Judge William J. Lederer and Judge Bonnie B. Leadbeter joined
Judge Doyle's opinion.  (Case no. 3182 C.D. 1999 Robert and Loren
Pearson v. Zoning Hearing Board of Newlin Township and Nextel
Communications of the Mid Atlantic, Inc.)



CUSTOMER-AFFECTING
MICHIGAN
PSC approves Ameritech identity theft protection procedures

The Public Service Commission today approved procedures proposed by
Ameritech-Michigan to protect customers from identity theft.  The
commission had ordered Ameritech to file the proposed procedures when it
fined the company $1.5 million for identity theft-related violations of
the Michigan Telecommunications Act.  (9/25/00 p.m.)  The PSC's decision
responded to a complaint filed by customer Patricia Nelski.

In July 1996 Nelski discovered that a fraudulent Ameritech telephone
account had been opened in her name.  She contacted Ameritech and was
told she wouldn't be held responsible for charges to the account.  She
subsequently learned that she had been denied credit and employment
because Ameritech failed to clear her credit record as promised.

Under the procedures approved today, Ameritech must (1) accurately
verify the identity of persons ordering service, (2) ensure that
accounts referred to collection agencies and credit reporting bureaus
are attributed to the responsible parties, and (3) keep records on
accounts referred to collection agencies and credit bureaus for the
duration of any adverse credit reports that result.  The company also
must ensure that all negative credit information is removed from credit
reports when an account has been deemed fraudulent, and it must respond
in a timely manner to customer complaints about fraudulent accounts or
identity theft.  (Case no. U-12700)



SECTION 251/252
MICHIGAN
PSC OKs revised Ameritech 'recip comp' rates

The Public Service Commission today approved Ameritech-Michigan's
proposed revisions to its reciprocal compensation rate structure.
Ameritech had proposed a bifurcated rate structure that reduces the
current charges applied to minutes of use and shifts recovery to a setup
charge applied to each call, without regard to duration.

The commission noted that Ameritech's showing that a rate structure
predicated on separate per-call setup and per-minute usage charges
better reflects cost causation wasn't rebutted by any of the other
carriers participating in the case.  Moreover, the PSC said, the revenue
effects of the Ameritech plan are largely neutral to the extent that the
traffic being exchanged reflects the average holding time used to set
the charges.
The PSC rejected Ameritech's request to exempt foreign exchange service
from payment of reciprocal compensation.  The commission said Ameritech
failed to explain whether, or how, the means of routing a call placed by
one local exchange carrier's (LEC's) customer to another LEC's point of
interconnection affects the costs that the second LEC necessarily incurs
to terminate the call.  Historically, the PSC said, the routing of a
call hasn't depended on whether it's a local call or a toll call.

Moreover, the commission said, the discretion that competitive local
exchange carriers exercise in designing their local calling areas is a
competitive innovation that enables them to provide valuable
alternatives to an ILEC's traditional service.  The PSC saw no reason to
change these standards, particularly when the result would be an
unnecessary restriction on the services the customers want and need.
(Case no. U-12696 - In the matter of the application of Ameritech
Michigan to revise its reciprocal compensation rates and rate structure
and to exempt foreign exchange service from payment of reciprocal
compensation)



CUSTOMER-AFFECTING
HAWAII
Legislators to examine telemarketing fraud

Sen. Brian Kanno (D., District 20) has introduced SB 97 to make
telemarketing fraud a criminal offense.  An individual would be
committing telemarketing fraud if the person--with the intent to defraud
or misrepresent--obtained, or attempted to obtain, the transfer of
possession, control, or ownership of property from another person
through communications conducted at least in part by telephone.

SB 97 would make telemarketing fraud a "class B" felony.  The measure
awaits consideration by the Senate Economic Development and Technology
Committee; the Senate Commerce and Consumer Protection, and Housing
Committee; and the Senate Judiciary Committee.



CUSTOMER-AFFECTING
MICHIGAN
PSC fines companies for 'slamming'

The Public Service Commission today fined Accutel Communications, Inc.,
and Advantage Plus $43,600 and $105,000, respectively, for "slamming."
The commission's order adopts an administrative law judge's
recommendations.  (11/7/00 p.m.)

The ALJ found that Advantage Plus had performed an unauthorized switch
of a residential customer's telecom service provider and billed
unauthorized charges to that same customer's business.  Advantage Plus
is a reseller of Qwest Corp.'s services.

The ALJ also found that Accutel had charged the same business for a
service for which the telecom service provider hadn't received an
initial affirmative order.  (Case no. U-12545)



ADVANCED SERVICES
UTAH
Bill would increase telecom access in rural schools

Sen. Beverly Ann Evans (R., District 26) has sponsored a bill to require
the Utah Education Network (UEN) to work with rural county governments
to establish education resource centers in their counties.  The UEN
maintains an education microwave distribution system, data network, and
other telecom service distribution systems appropriate for providing
video, audio, and data services for public schools and colleges.

SB 124 would require the UEN to set up such centers in at least Beaver,
Daggett, Garfield, Juab, Kane, Morgan, Piute, Rich, and Wayne counties.
The centers would consist of four classroom facilities provided by the
counties, with equipment funded by the state.  The equipment would be
capable of bringing the full benefits of the UEN satellite system to
community residents.  It also would offer residents access to worldwide
databases through multimedia computers and advising services through
online technologies.

The bill would allocate $743,000 to the UEN to fund the centers.  Of
that appropriation, $441,000 would go toward one-time costs for
electronic equipment, and $302,000 would be allocated for ongoing costs.

SB 124 awaits committee referral.



COMPETITIVE LOCAL ENTRY
FLORIDA
Consumer group says local competition in Florida has failed

Florida has seen little improvement in local phone competition since the
U.S. Congress passed the federal Telecommunications Act of 1996 nearly
five years ago, according to a new report from the Consumer Federation
of America (CFA).  CFA Director-Research Mark Cooper, who wrote the
study, says, "97% of Florida's local residential market is still under
the control of the incumbents--BellSouth [Telecommunications, Inc.],
Sprint [Corp.], and Verizon [Communications, Inc.]."

The study recommends several steps the Public Service Commission should
take to foster local competition.  It says the PSC should (1) guarantee
that new competitors can readily access the existing telephone network,
(2) ensure that competitors are charged reasonable prices for network
access and (3) ensure that operation support systems can accommodate the
demands of new competitors.

Local competition can begin to thrive in Florida, as it has in New York
and Texas, only if the PSC requires "the local monopolies to open their
markets on fair and reasonable terms," says Cooper.

The study, titled Florida Consumers Need Real Local Phone Competition:
Fair Access to Monopoly Wires Is the Key, is available at
http://www.consumerfed.org/fl.telecom.0101.pdf.



INTERNET
MISSOURI
Bill would let colleges establish 'telecommunity centers'

Sen. Mary Groves Bland (D., District 9) has introduced SB 154 to allow
all colleges, universities, and community colleges in Missouri to create
"telecommunity centers" for teaching local residents computer skills.

The telecommunity centers would use the schools' existing information
technology resources to provide the technical staff and technology
necessary to teach local residents how to use current hardware and
software.  Technical staff members could be volunteers or students who
were at least senior-level undergraduates.  Schools could allow students
to earn course credits for working at the centers.

SB 154 also would require each higher-level institution to create a
policy ensuring that "students of the institution are afforded necessary
access to all available information technology resources."

SB 154 has been referred to the Senate Committee on Education.  Its text
is available at
http://www.senate.state.mo.us/01info/billtext/intro/SB154.htm.



INTERNET
VIRGINIA
Legislator proposes license plate commemorating state's tech heritage

Del. James K. O'Brien (R., District 40) has introduced HB 2560 to
authorize the issuance of "special license plates bearing the legend,
Home of the Internet."

The bill has been referred to the Committee on Transportation.  Its text
is available at
http://leg1.state.va.us/cgi-bin/legp504.exe?011+ful+HB2560.



UNIVERSAL SERVICE
IDAHO
PUC sets new hearing on high-cost fund

The Public Utilities Commission has rescheduled a Jan 29 hearing on its
high-cost fund for March 20-21.  (11/2/00 a.m.)  The commission
rescheduled the hearing after Qwest Corp. filed a notice stating its
intent to withdraw from a stipulation it had reached with the PUC staff
regarding the fund.  The company said it was withdrawing because "it
realized that it might not have reached a 'meeting of the minds' with
the staff regarding a critical issue:  specific IHCF [high-cost fund]
per-line support for wire centers serviced by Qwest and Verizon"
Northwest, Inc.

Qwest also asked the commission to vacate the current schedule and give
the company an additional 30 days to "either attempt to meet a mutually
acceptable agreement with staff or offer another independent alternative
for the parties' consideration."  After Qwest asked the commission to
vacate the schedule, Verizon and AT&T Communications of the Mountain
States, Inc., made schedule requests of their own.  Verizon and AT&T,
however, wanted the PUC to suspend the schedule indefinitely.

The commission granted Qwest's request and said the company should file
its revised direct testimony by Feb. 5.  Rebuttal testimony will be due
Feb. 28.  (Case nos. GNR-T-97-22 and GNR-T-00-2)



CUSTOMER-AFFECTING
TEXAS
ALJ sets hearing on 'slamming' complaint

A Public Utility Commission administrative law judge has scheduled an
April 24 hearing to consider a "slamming" complaint filed against Axces,
Inc.  Slamming is the unauthorized switch of a customer's telecom
carrier.  Earlier this month, the PUC staff asked the commission to fine
Axces up to $930,000 for "slamming" 186 customers.

The staff said the proposed fine amounted to $5,000 per violation.  It
said the penalty was "appropriate" because the PUC views slamming as one
of the "most serious" violations that a telecom provider can commit.
The staff also said stiff fines were warranted to deter Axces from
committing future violations.  The staff pointed out that Axces'
"pattern of slamming" has continued despite the fact that the company
paid a $100,000 penalty to the PUC in 1998 for alleged slamming
activities.  (01/9/01 a.m.)

The ALJ determined that prehearing conferences should be held every
three weeks to resolve any outstanding discovery issues and preliminary
matters.  The conferences are scheduled for Jan. 26, Feb. 16, March 9,
March 30, and April 20.

Staff's prefiled direct testimony is due March 9, and objections to the
staff's testimony are due March 16.  Responses to those objections are
due March 23.  Axces' prefiled direct testimony also is due March 23,
and objections to Axces' testimony are due March 30.  Responses to those
objections are due April 6.

The staff's rebuttal testimony is due April 11, and objections to the
staff's rebuttal testimony are due April 16.  (SOAH Docket no.
473-00-0731 and PUC Docket no. 20934)


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