Telecommunications Reports presents . . . . . TR's State NewsWire
January 19, 2001 P.M. Edition

STATES
OHIO -- Wireless companies violated separate affiliate requirements
MINNESOTA -- Qwest to refile SGAT
ARIZONA -- Cellphone bill dies in committee
MISSISSIPPI -- Sen. Carlton aims to pass UETA
MONTANA -- PSC would gain authority over utility mergers under bill
OREGON -- Lawmakers take aim at 'slamming'
NEW JERSEY -- Bill would establish no-call list
MINNESOTA -- Legislation would restrict driving while using a mobile
phone
MISSOURI -- Bill would limit minors' Internet access
VIRGINIA -- SCC requests comment on $20.5M Sprint access rate settlement

GEORGIA -- New Edge brings broadband services to Augusta

REGIONAL
Verizon Wireless expands calling plan in D.C. area

AFFILIATE
OHIO
Wireless companies violated separate affiliate requirements

The Public Utilities Commission has determined that Ameritech Mobile and
AirTouch Cellular violated state law by failing to maintain separate
cellular wholesale and retail operations.  The PUC's order addresses a
complaint filed in 1993 by Westside Cellular, Inc., dba Cellnet.

The PUC pointed to the testimony of Alan Ferber, general manager of
Ameritech Mobile's wholesale operations.  He acknowledged that Ameritech
Mobile's operations aren't structured as required by the PUC for sales
and marketing.  From that statement, the PUC concluded that Ameritech
Mobile wasn't separating its wholesale and retail operations "in the
normal course of business."

The PUC also found that Ameritech Mobile's practice of establishing
wholesale rates for nonaffiliated carriers by first consulting with its
retail employees about the potential impact on its retail business in
violation of the commission's orders in dockets 84-944 and 89-563.

Between 1995 and 1998, the commission said, Ameritech Mobile violated
the PUC's requirement for nondiscriminatory treatment of nonaffiliated
wholesale customers.  The company either didn't substantiate the more
favorable treatment afforded to its retail affiliate or didn't
substantiate that its retail affiliate paid anything at all to Ameritech
Mobile's wholesale cellular service, the commission concluded.

The commission found that AirTouch Cellular violated a prohibition on
its retail affiliate having any involvement in the operations of its
wholesale affiliate between 1991 and 1998.  During that period, AirTouch
Cellular's nonaffiliated wholesale rate was at least determined
partially by concerns related to the affiliated retail arm, the
commission said.

Based on AirTouch Cellular's own admission, the PUC found that the
company violated the provisions of the commission's orders in docket
nos. 84-944 and 89-563.  The commission found that AirTouch Cellular
failed to capture all billable minutes that should have been charged to
AirTouch Cellular's retail arm, while charging Cellnet for all of its
minutes.

The PUC found that imposing statutory penalties against the companies
isn't warranted in this case because it's a "case of first impression."

The commission's order is available at
http://www.puc.state.oh.us/docket/ORDERS/2001/0114/93-1758.pdf.  (Docket
no. 93-1758-RC-CSS)


SECTION 251/252
MINNESOTA
Qwest to refile controversial SGAT

Qwest Corp. asked the Public Utilities Commission to pull off the agenda
for yesterday's commission meeting its proposed statement of generally
available terms and conditions (SGAT), the PUC staff told TR.  The
company filed its original SGAT in November 2000, but the proposal
generated a lot of discussion because its prices differed from those set
by the PUC.  Staff said it expects Qwest to refile the SGAT "relatively
soon."  (Docket no. P-421/M-00-1590)


WIRELESS
ARIZONA
Ban on drivers' use of handheld cellphones dies in committee

A bill that would have banned the use of handheld wireless phones,
personal computers, or any other electronic device while driving died in
the Senate Commerce Committee, the legislative staff has told TR.
(1/9/01 a.m.)  The staff said SB 1005, which was sponsored by Sen. Tom
Smith (R., District 26), received "tremendous" opposition from the
wireless phone industry.

Last year Smith introduced a similar bill that also died in the Senate.
That bill, unlike SB 1005, didn't include an exception for hands-free
devices.  (1/24/00 p.m.)

Violators who weren't involved in a car accident would have been subject
to a $50 civil penalty.  Violators involved in an accident would have
been subject to a $100 civil penalty.  The officer at the scene of an
accident would have had to report on the accident form whether an
electronic device was in use at the time of the accident.

The bill would have required wireless phone packaging to include the
warning: "The use of a cellular telephone while operating a motor
vehicle has been known to be a cause of traffic accidents, and the use
of a handheld cellular telephone while operating a motor vehicle is
prohibited by law in the state of Arizona."


FUTURE OF REGULATION
MISSISSIPPI
Sen. Carlton aims to pass UETA

Sen. Neely C. Carlton (D., District 22) has introduced SB 2678 to enact
the Uniform Electronic Transactions Act (UETA).  The bill aims to
facilitate e-commerce by giving electronic records and signatures the
same legal effect as their pen and paper counterparts.

In addition to enacting UETA, SB 2678 would repeal the sections of
Mississippi Code that make up the Digital Signature Act of 1997.

SB 2678 has been referred to the Senate Committee on Fees, Salaries, and
Administration.


MERGERS
MONTANA
PSC would gain authority over utility mergers under bill

A bill to grant the Public Service Commission authority over utility
mergers has been referred to the Senate Energy and Telecommunications
Committee.  Under SB 276, the commission would have the authority to
allocate some or all of the gain or profit of an acquisition to the
utility's ratepayers.

The bill would prohibit the commission from approving an acquisition or
transfer of a public utility unless, after notice and hearing, it finds
the (1) acquisition to be in the public interest, (2) the acquisition
won't diminish the utility's ability to provide adequate and reliable
service, (3) the costs of and rates for supply service wouldn't be
increased, and (4) the applicant has the financial ability to operate
and maintain the utility.

This bill would affect Montana Power Co. plan to sell its electric
distribution assets, the PSC staff explained to TR.  Currently the
commission only has implied authority over utility acquisitions or
transfers.  This bill would clarify that authority.

Sen. Ken Toole (D., District 27) is the measure's sponsor.


CUSTOMER-AFFECTING
OREGON
Lawmakers take aim at 'slamming'

A bill introduced in the House would prohibit "slamming," or the
unauthorized switch of a customer's telecom service provider.  HB 2214
would make it illegal to combine an offer to provide local or long
distance telecom service with an offer to participate in a sweepstakes
or promotion involving a prize.

The bill, which was requested by Attorney General Hardy Myers (D.),
would prohibit using any device, scheme, or artifice to defraud with the
intent to change a subscriber's telecom provider.

HB 2214 would authorize the AG to impose a maximum civil penalty of
$25,000 for each violation of the Act.  The bill also would allow any
person who suffered a loss of money or property as a result of slamming
to recover actual damages or $200, whichever is greater.

HB 2214 awaits consideration in the House Smart Growth and Commerce
Committee.


CUSTOMER-AFFECTING
NEW JERSEY
Bill would establish no-call list

Assemblyman Kevin J. O'Toole (R., District 21) has introduced AB 3065 to
require telemarketers to identify themselves and their businesses or
organizations before asking for a telephone subscriber by name or
soliciting business from a telephone subscriber.

Violators of the proposed law would be subject to a civil penalty of up
to $1,000 for a first violation and up to $2,500 for each subsequent
violation.  The bill has been referred to the Telecommunications and
Utilities Committee.

The committee also is considering another telemarketing bill.  AB 3028,
sponsored by Assemblywoman Linda R. Greenstein (D., District 14), would
prohibit unsolicited telemarketing calls to telephone customers who
placed their names on a no-call list.  (12/13/00 a.m.)

AB 3065's text is available at
http://www.njleg.state.nj.us/2000/Bills/a3500/3065_i1.htm.


WIRELESS
MINNESOTA
Legislation would restrict driving while using a mobile phone

The House Crime Prevention Committee is considering a bill to make it a
misdemeanor to use a mobile telephone while driving.  Rep. Mike Jaros
(D., District 7B) introduced HF 200 yesterday.


INTERNET
MISSOURI
Bill would limit minors' Internet access

Sen. Bill Kenney (R., District 8) has introduced a measure to prevent
minors from accessing pornographic content over the Internet on public
access computers.

SB 42 would require public schools that offer Internet access either to
install filtering software or to use an Internet service provider that
filters content.  Public libraries either could purchase filtering
software or create a policy to define "community standards" of material
that is "pornographic for minors" and restrict access to such content.

School and library employees who failed to comply with SB 42 could be
charged with a misdemeanor, while employees who complied with the law
wouldn't be held liable for minors' obtaining pornographic material on a
public access computer.

The Senate Education Committee held a hearing Jan. 17 on the
legislation.  Although it hasn't passed out of the committee yet, it's
expected to do so, a legislative staff member told TR.

During the hearing, the Missouri Library Association agreed to support
SB 42 if an amendment were added to state specifically that "public
library personnel" who comply with the bill couldn't be held liable for
minors' accessing pornographic content on public access computers.  The
amendment met with no opposition, the staff member said.


INTERCOMPANY COMPENSATION
VIRGINIA
SCC requests comment on $20.5 million Sprint access rate settlement

The State Corporation Commission has requested comments by Feb. 1 on an
access rate settlement between the SCC staff and Sprint Corp.'s
incumbent local exchange companies--United Telephone-Southeast, Inc.,
and Central Telephone Co. of Virginia.

The settlement would result in a $20.5 million cumulative reduction in
the Sprint companies' intrastate switched access rates over three
years.  (1/9/01 a.m.)  AT&T Corp. has promised to pass the savings
through to its long distance customers.

The SCC said it will hold a hearing March 20 if one is requested.

In December 2000 the commission approved similar access rate settlements
with Verizon Virginia, Inc. (formerly Bell Atlantic-Virginia, Inc.) and
Verizon South, Inc. (formerly GTE South, Inc.).  The two Sprint
companies are the only incumbent carriers remaining in the commission's
original investigation.  (Case no. PUC000003, Investigation of the
appropriate level of intrastate access service prices)


ADVANCED SERVICES
GEORGIA
New Edge brings broadband services to Augusta

New Edge Networks, Inc., has finished installing the infrastructure
necessary to offer broadband services, including digital subscriber line
(DSL), in Augusta.  The DSL service is available to about 75% percent of
Augusta households and companies.  Other broadband offerings available
from New Edge include frame relay, wide area networks, and virtual
private lines.


WIRELESS
DISTRICT OF COLUMBIA, MARYLAND
Verizon Wireless expands calling plan in D.C. area

Verizon Wireless has expanded the home calling area for customers in the
Washington, D.C., and Baltimore area.  Beginning today, the home calling
area will include areas as far south as Richmond, Va., and as far north
as Philadelphia.


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