Telecommunications Reports presents . . . . . TR's State NewsWire
February 7, 2001, 2 P.M. Edition


STATES
KANSAS -- 'Slamming' bill clears House
VIRGINIA -- House approves bill to encourage collocation in existing
rights-of-way
KANSAS -- Commission seeks comments on protecting consumers from loss of
service
SOUTH DAKOTA -- PUC reelects chairman, vice chairman
NEW MEXICO -- PRC considers revising new service-quality rules
MISSISSIPPI -- PSC considers 'overlay' for '601' area code
ILLINOIS -- CLECs ask ICC to determine remedies for Ameritech
performance failures
WISCONSIN -- Bipartisan bill to restrict telemarketers introduced
NORTH CAROLINA -- Commission orders NANPA to reclaim 'NXX' codes
OREGON -- PUC selects NeuStar to be interim number pooling administrator

TENNESSEE -- Bill would adopt Lifeline/Link-Up Services Act
OREGON -- PUC to resolve UNE mapping issues
HAWAII -- Counties would have to hold hearing on wireless facility
construction under bill
RHODE ISLAND -- Legislation would update telemarketing law
OREGON -- Number of complaints about long distance companies declines



CUSTOMER-AFFECTING
KANSAS
'Slamming' bill clears House

The House has passed a bill that would prohibit changing or adding to a
customer's telecom services without authorization.  HB 2099, sponsored
by the House Committee on Utilities, would prohibit carriers from
directing a local exchange carrier to change a subscriber's carrier
without obtaining the subscriber's permission beforehand.  (2/2/01 a.m.)

HB 2099 also would prohibit providers from engaging in any activity that
could mislead the subscriber while soliciting or confirming a carrier
change.  Violations of HB 2099 would be punishable by civil penalties of
between $5,000 and $20,000 per offense.

The bill's text is available at
http://www.ink.org/public/legislative/bills.cgi/bill/2002/2099.pdf.



STATE & LOCAL GOVERNMENT
VIRGINIA
House approves bill to encourage collocation in existing rights-of-way

The House of Delegates has approved a bill to authorize local
governments to petition the State Corporation Commission to order
utility companies to allow other companies to collocate their lines in
their existing rights-of-way.  Any company proposing to lay new lines
would have to file a report with the SCC on the feasibility of
collocating within existing rights-of-way.

The bill, sponsored by Del. Clifton A. Woodrum (D., District 16), has
been sent to Senate Committee for Courts of Justice.  The text of HB
1767 is available at
http://leg1.state.va.us/cgi-bin/legp504.exe?011+ful+HB1767H1.



CUSTOMER-AFFECTING
KANSAS
Commission seeks comments on protecting consumers from loss of service

The state Corporation Commission is soliciting comments from incumbent
and competitive local exchange carriers (CLECs) on how to protect
consumers from loss of service when a CLEC is unable to continue
providing service.  Comments are due March 13; replies are due March 27.

The commission is seeking suggestions on whether it should require all
wholesale service providers to incorporate in their retail
interconnection agreements terms that are similar to the rules used by
Southwestern Bell Telephone Co. and Sprint Corp.  SW Bell and Sprint
have agreed to follow certain procedures before disconnecting CLECs that
haven't paid their bills.

The rules require SW Bell and Sprint to notify delinquent CLECs and the
commission of unpaid bills within 29 days of the due date.  If a CLEC
fails to pay after an additional 16 days, SW Bell or Sprint can cut off
service to the CLEC and become the default local service provider for
the CLEC's customers.  SW Bell or Sprint must send two notices informing
the former CLEC customers of the need to choose a new local service
provider.  If the customer doesn't select a new provider within 15 days
of the second notice, SW Bell or Sprint can disconnect the customer's
service.  (Docket no. 01-GIMT-649-GIT, In the Matter of the General
Investigation to Develop Procedures to Protect Consumers Against the
Loss of Telephone Services)



FUTURE OF REGULATION
SOUTH DAKOTA
PUC reelects chairman, vice chairman

The Public Utilities Commission has reelected Jim Burg as its chairman,
a PUC staff member told TR.  He was first elected to the commission in
1986.  The commissioners also reelected Pam Nelson as vice chairman.
She has held that position since 1997.



CUSTOMER-AFFECTING
NEW MEXICO
PRC considers revising new service-quality rules

The Public Regulation Commission has requested comments by March 8 on
whether it should revise its new service-quality rules.  Replies are due
April 8.

After the PRC adopted the rules late last year, AT&T Wireless and
Verizon Wireless notified the commission that they would be appealing
the decision to the New Mexico Supreme Court.  AT&T and Verizon argue
that the PRC's rules shouldn't apply to wireless carriers because the
commission doesn't have authority to regulate them, a PRC staff member
told TR.  (Utility Case no. 3567 - In the Matter of the Customer
Protection Rules (17.11.16 NMAC) and the Quality of Service Standards
Rules (17.11.22 NMAC) Adopted in Utility Case no. 3437)



NETWORK MANAGEMENT
MISSISSIPPI
PSC considers 'overlay' for '601' area code

The Public Service Commission is reviewing a plan to implement an
"overlay" to relieve "NXX" code exhaustion in the "601" number planning
area (NPA), a commission staff member has told TR.  The 601 NPA is
expected to run out of codes in about a year, the staff member said.

On Jan. 8 North American Numbering Plan administrator NeuStar, Inc.,
asked the PSC to approve a relief plan for 601.  NeuStar proposed
several relief plans, but the commission is considering only the
overlay.  The staff member predicted that the PSC would approve the
overlay during its March 6 meeting.  If approved, the overlay would take
about a year to implement.  (Docket no. 2001-AD-68, In Re: Petition of
NeuStar, Inc., the North American Numbering Plan Administrator on Behalf
of the Mississippi Telecommunications Industry, for Approval of NPA
Relief Plan for the 601 NPA)



SECTION 251/252
ILLINOIS
CLECs ask ICC to determine remedies for Ameritech performance failures

Several competitive local exchange carriers (CLECs) have asked the
Commerce Commission to resolve a disagreement between Ameritech-Illinois
and the CLECs over what remedies should apply when Ameritech fails to
meet state wholesale performance standards.  The parties were unable to
resolve the issue during the collaborative workshops they held as
required by the ICC's order approving the SBC Communications,
Inc.-Ameritech merger.

Under the CLECs' proposal, remedies would be triggered if Ameritech's
wholesale performance, while at parity with retail performance
standards, still were below state-mandated performance benchmarks.
Ameritech opposes the CLECs' plan and proposes using a remedy plan
developed by SBC in Texas.  That proposal doesn't include the specific
trigger the CLECs want for wholesale performance.

The CLECs said there are no performance measurements that are still in
dispute.  Ameritech and the CLECs have agreed to a quarterly status
meeting in March, when they will discuss their progress and set the
groundwork for a six-month review meeting in June.  (Docket no. 01-0120
- Petition for Resolution of Disputed Issue Pursuant to Condition 30 of
the SBC/Ameritech Merger Order)



CUSTOMER-AFFECTING
WISCONSIN
Bipartisan bill to restrict telemarketers introduced

Sen. Jon Erpenbach (D., Middleton) and Rep. Stephen Freese (R.,
Dodgeville) have introduced a bill to create a no-call list that would
be administered by the Department of Agriculture, Trade, and Consumer
Protection.

Telemarketers that called someone on the no-call list would face a $500
fine, and the business sponsoring the telemarketer could be fined
$10,000.  There would be additional penalties of up to $10,000 for
telemarketers targeting the elderly, a legislative staff member told TR.

Businesses planning to telemarket in Wisconsin would have to pay $600
annually for a license.  The no-call list would be provided with the
license.

A hearing on SB 40 is expected "sometime soon" in the Senate Privacy,
Electronic Commerce, and Financial Institutions Committee, the staff
member said.



NETWORK MANAGEMENT
NORTH CAROLINA
Commission orders NANPA to reclaim 'NXX' codes

The Utilities Commission has authorized North American Numbering Plan
administrator (NANPA) NeuStar, Inc., to reclaim and reassign immediately
the central office codes ("NXXs") listed in the December 2000 NANPA
reclamation list.  On Dec. 22, 2000, NeuStar notified carriers that
hadn't submitted forms to indicate whether an end-user was using each
NXX code to explain by Jan. 18 why the codes shouldn't be reclaimed and
reassigned to other carriers.  The notified carriers failed to submit
any comments, prompting the commission's decision to let NeuStar reclaim
the codes.

The reclamation order follows new rules issued by the commission Dec.
21, 2000, that allow NANPA to reclaim unused NXXs and reassign them to
other carriers.  (1/2/01 p.m.).  Under the new rules, NANPA provides
electronic notification to carriers that haven't submitted their Part 4s
for NXX codes.  Notified carriers have 15 days to file a written request
with the commission asking for an extension to activate the affected NXX
codes.

The commission's order is available at
http://www.ncuc.commerce.state.nc.us/selorder/telecomm/dh020503.htm.
(Docket no. P-100, Sub 146, In the Matter of Central Office Code (NXX)
Reclamation)


OREGON
PUC selects NeuStar to be interim number pooling administrator

The Public Utility Commission has directed negotiations to begin with
North American Numbering Plan administrator NeuStar, Inc., to act as the
state's interim number pooling administrator.  The Oregon Exchange
Carrier Association, through the industry North American Portability
Management LLC, will conduct the negotiations.  The PUC plans to
implement number pooling in the "541" area code by June 30 and in the
"503"/"971" area code by Sept. 30.

An implementation meeting likely will be held during the week of March
12.  The PUC staff explained to TR that the commission wants to start
number pooling before pooling begins on a national level.

NeuStar plans to defer the costs of starting number pooling in Oregon
and won't charge for, or defer, costs of assigning individual
1,000-number blocks.  The company said that if the FCC selects it as the
national number pooling administrator, it would include the cost of the
deploying number pooling in Oregon in the national price.  According to
a staff memorandum, in that case, there would be no discrete costs of
number pooling administration assignable to Oregon.

If NeuStar isn't selected as the national number pooling administrator,
however, the company would charge to Oregon carriers "Oregon's pro rata
share of the turn-up and administrative costs of the successful national
bidder," the memorandum said.  The PUC decided to limit NeuStar's
recovery of costs charged to Oregon carriers to $10,000.

The commission also agreed at yesterday's meeting to review all direct
costs associated with 1,000-number block pooling.  Direct costs include
each carrier's costs for system upgrades, usage costs, and each
carrier's allocated share of the common administrative costs.  (Docket
no. UM 953)



UNIVERSAL SERVICE
TENNESSEE
Bill would adopt Lifeline/Link-Up Services Act

Sen. Roscoe Dixon (D., District 33) has introduced SB 1467 to enact the
Lifeline/Link-Up Services Act.  The bill would require the Department of
Human Services to give all Tennessee telecom providers that receive
universal service support a list of residents who are eligible for
lifeline and link-up subsidies.  The department would update the list
every six months.  The lifeline program would support reduced
residential flat-rate basic local exchange service, residential local
exchange, and residential local calling area service.

Within seven days of determining that a resident in its service area was
eligible for lifeline or link-up services, providers would notify the
resident that they would be receiving the services.  The resident could
decline the services by returning a self-addressed, postage-paid
response card.  If the resident didn't return the card at least 10 days
before the services were scheduled to begin, the provider would begin
providing the services automatically.

The state Regulatory Authority would establish methods for determining
the amount of the lifeline and link-up telephone rate reductions.
Providers that gave reductions surpassing the amount they received in
universal service support would be reimbursed from a fund created by the
authority.

SB 1467 is available at
http://www.legislature.state.tn.us/bills/currentga/BILL/SB1467.pdf.



SECTION 251/252
OREGON
PUC to resolve UNE mapping issues

The Public Utility Commission yesterday approved a staff recommendation
to work toward resolving unbundled network element (UNE) mapping issues
identified by parties participating in three UNE mapping workshops.  The
commission convened the workshops to match Oregon's "building block"
terminology to the UNE terminology developed by the FCC.

The workshop participants identified cross-connect facilities, as
prescribed in the FCC's UNE Remand Order.  That process included
identifying Oregon building blocks that were "additional" to the UNEs
listed by the FCC.  The participants also addressed UNE prices.

During yesterday's meeting, the commission said it would open a new
phase of this docket to resolve the issues where the parties couldn't
reach full agreement.  For example, AT&T Corp. said the FCC requires
incumbents to provide a splitter as the loop UNE.  Qwest Corp. and
Verizon Northwest, Inc., disagreed however, and said they weren't
required to provide a line splitter.  (Docket no. UT 138/139)



WIRELESS
HAWAII
Counties would have to hold hearing on wireless facility construction
under bill

Rep. Ed Case (D., District 23) has introduced a bill to require counties
to hold a public hearing before granting permission to any company
seeking to build a structure or attach devices to an existing structure
that will be used to provide wireless telecom service.  HB 1459 also
would require the counties to hold a public hearing before agreeing to
lease or sell public land to anyone that plans to build a structure or
attach devices to a structure to provide wireless telecom services.

Counties would have to give at least 14 days public notice before
convening the hearing, which would have to be held on the island where
the proposed structure would be built.

HB 1459 awaits consideration by the House Consumer Protection and
Commerce Committee, the House Water and Land Use Committee, and the
House Finance Committee.



CUSTOMER-AFFECTING
RHODE ISLAND
Legislation would update telemarketing law

Rep. Brian Patrick Kennedy (D., District 16) has introduced a bill to
strengthen the state's Telephone Sales Solicitation Act by establishing
a statewide no-call list that would be maintained by the attorney
general.  Current law only requires telemarketers to maintain internal
no-call lists.

Violators would be guilty of a misdemeanor punishable by a fine of up to
$500 per instance.  The bill has been referred to the Committee on
Corporations.  The text of HB 5100 is available at
http://www.rilin.state.ri.us/BillText/BillText01/HouseText01/H5100.htm.



CUSTOMER-AFFECTING
OREGON
Number of complaints about long distance companies declines

Complaints about telephone long distance companies, which ranked number
one on state Attorney General Hardy Myers' (D.) Top Ten Consumer
Complaint List for the last two years, have dropped to number four.
Complaints about sweepstakes topped the 2000 list, rising from number
eight in 1999.

The AG noted that although the number of complaints about long distance
companies declined, customers continue to battle "slamming," the
unauthorized switching of a customer's telephone carrier.  Other telecom
complaints included billing errors and difficulties with wireless and
local telephone service.

Violations of the state's new no-call list took the number two spot on
the list.  The no-call list law, which took effect Jan. 1, 2000,
garnered 1,359 complaints.  Myers said, "We expect to see no-call
complaints drop off the list in 2001 as we continue to file court
actions against telemarketers who violate the new law."



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