Telecommunications Reports presents . . . . . TR's State NewsWire
February 5, 2001, 8 A.M. Edition


STATES
IDAHO -- Qwest proposes price cap plan
WYO. -- Senate committee to take up bill expanding USF to cover wireless
carriers
PENNSYLVANIA -- RCN frustrated by another delay at Philadelphia city
council
TENNESSEE -- Lawmakers seek to adopt UETA
MAINE -- PUC lays groundwork for number reclamation
OHIO -- Senate committee reviews bill to prohibit 'spam'
N.Y. -- Senator wants DPS to look into access to advanced services in
rural areas
TENNESSEE -- Lawmakers seek consumer protections in wireless contracts
TENNESSEE -- Sen. Cohen aims to prevent novice drivers from using
wireless phones
WASH. -- WUTC sets hearing on 'overlay' public information plan cost
recovery
MISSOURI -- Bill would extend telecom sales tax exemption
WYOMING -- Bill would ban using hand-held cellphones while driving
INDIANA -- Robots to install fiber optics under Indianapolis
NEW YORK -- NeuStar implements mandatory number pooling trial in '315'
code



ALTERNATIVE REGULATION
IDAHO
Qwest proposes price cap plan

Qwest Corp. has proposed a bill to authorize incumbent local exchange
carriers (ILECs) to elect price cap regulation.  HB 96 would allow
companies to cap their prices for residential and small business
customers and charge prices that were less than the capped rates.

Under the bill, the Public Utilities Commission would need to set a
price floor only if it were requested by a non-ILEC.

HB 96 also would allow the ILEC petition the PUC to realign the basic
local exchange service prices between residential and small business
customers within the wire center, on a revenue-neutral basis.  If the
PUC approved the price realignment plan, the maximum basic local
exchange rate for each affected class of service would be adjusted to
reflect the new plan.

An AT&T Corp. spokeswoman told TR that AT&T had concerns about the fact
that the capped rates could be reduced in certain areas.  The
spokeswoman explained that this provision could act as an impediment for
competitors because the prices set for unbundled network elements are
set on a statewide average.  The spokeswoman said this would cause a
disparity between wholesale and retail prices.

HB 96, which was sponsored by the House State Affairs Committee, awaits
consideration by that committee.



UNIVERSAL SERVICE
WYOMING
Senate committee to take up bill expanding USF to cover wireless
carriers

The Senate Corporations, Elections and Political Subdivisions Committee
is considering a bill to expand the state universal service fund (USF)
to cover wireless carriers.  (1/3/01 a.m.)  HB 52 would authorize the
Public Service Commission to determine how much USF money would be
available to the wireless carriers.

The bill would provide USF funds to wireless carriers that (1) provide
unlimited local calling for an entire local exchange area for a flat
fee, (2) offer credits for the amount of the distributions the company
receives from the USF on customers' bills, and (3) offer and advertise
all supported services throughout the local exchange area.  The
commission would have to adopt rules by Dec. 31 to define any additional
criteria carriers would have to meet.

The bill would authorize the commission to grant a company additional
time to complete the network upgrades needed to provide (1) single-party
service, (2) access to E911 service, or (3) toll limitation.  If the
commission decides to grant a company additional time, the otherwise
eligible company would be permitted to receive universal service support
for a period designated by the commission.

Under HB 52, the PSC could authorize a request only upon finding that
"exceptional circumstances" prevented the company from providing those
three services.  The period the company could receive the support
without providing the specified services would extend only as long as
the commission finds that exceptional circumstances exist, the bill
said.



VIDEO
PENNSYLVANIA
RCN frustrated by another delay at Philadelphia city council

An RCN Corp. spokesperson told TR the company is losing patience after
two years of trying to win approval to lay fiber optic cable in
Philadelphia.  Last week the city council's public property committee
held a second hearing but failed to vote on the matter.  RCN's
application has been before the committee since last fall.  (11/17/00
p.m.)  The committee has decided to take it up again Feb. 26.

Some committee members are concerned that the company initially plans to
provide service only in certain parts of the city.  But RCN feels it has
a sound strategy, and plans to continue expanding once its operations
are up and running, the spokesperson said.

RCN began the application process in 1998.  The slow pace of the
council's consideration isn't surprising, a council spokesperson said,
considering that incumbent cable TV operator Comcast Corp.'s
headquarters are located in Philadelphia.



INTERNET
TENNESSEE
Lawmakers seek to adopt UETA

Two bills have been introduced to enact the Uniform Electronic
Transactions Act, which aims to facilitate electronic transactions by
making electronic records and signatures legally binding.  HB 387,
introduced by Rep. Craig Fitzhugh (D., District 82), is available at
http://www.legislature.state.tn.us/bills/currentga/BILL/HB0387.pdf.

SB 376, introduced by Sen. Roscoe Dixon (D., District 33), is available
at http://www.legislature.state.tn.us/bills/currentga/BILL/SB0376.pdf.



NETWORK MANAGEMENT
MAINE
PUC lays groundwork for number reclamation

The Public Utilities Commission has established procedures to reclaim
numbering resources that have been assigned to carriers but remain
unused.  Carriers will have to file standard "part 4" certifications
with North American Numbering Plan administrator NeuStar, Inc.  The
certifications will disclose the carriers' usage of assigned numbers and
whether there are numbers available for reclamation.

The PUC also set procedures for carriers to request extensions of the
time to activate allotted numbers before they must be returned.  The
commission's order is available at
http://janus.state.me.us/mpuc/orders/98/98634o4.pdf.  (Docket no.
98-634, Investigation into Area Code Relief)



INTERNET
OHIO
Senate committee reviews bill to prohibit 'spam'

The Senate Committee on Economic Development, Technology, and Aerospace
is considering a measure to prohibit the transmission of unsolicited
e-mail advertisements.  Under SB 8, the recipient of an e-mail
advertisement transmitted in violation of the legislation could bring a
civil action against the violator.  The recipient could recover actual
damages or $10 per e-mail advertisement and attorney's fees and court
costs.

Sen. Ron Amstutz (R., District 22) introduced the measure.



UNIVERSAL SERVICE
NEW YORK
Senator wants DPS to look into access to advanced services in rural
areas

Sen. James W. Wright (R., District 46) has introduced SB 1087 to direct
the Department of Public Service to evaluate rural customers' access to
advanced telecom services at reasonable rates.

The bill finds that rural communities often don't have access to
advanced services, resulting in limited opportunities to attract and
maintain businesses and readily access education, health care, and
recreational services.  The measure has been referred to Energy and
Telecommunications Committee.



WIRELESS
TENNESSEE
Lawmakers seek consumer protections in wireless contracts

Rep. Gary Odom (D., District 55) has introduced a bill that would
require wireless providers to notify consumers 30 days before any
written contract expired.  HB 499 would allow the notification to be
sent in a separate mailing or as part of the consumer's monthly
statement.  Providers that failed to notify consumers would be required
to offer six months of free service after the contract expired.  The
bill's text is available at
http://www.legislature.state.tn.us/bills/currentga/BILL/HB0499.pdf.

Sen. Ward Crutchfield (D., District) 10 has introduced a similar bill in
the Senate.  SB 557's text is available at
http://www.legislature.state.tn.us/bills/currentga/BILL/SB0557.pdf.



WIRELESS
TENNESSEE
Sen. Cohen aims to prevent novice drivers from using wireless phones

Sen. Stephen I. Cohen (D., District 30) has introduced two bills
designed to stop inexperienced drivers from using wireless phones while
operating vehicles.  SB 9 and SB 10 have been referred to the Senate
Committee on Transportation.

SB 9 would prohibit a driver with an intermediate driver's license or
learner's permit from using a wireless phone while driving.  Violators
would be guilty of a Class B misdemeanor and subject to a $100 fine.  In
addition, they would have to wait 90 days beyond the time when they
otherwise would have been eligible to apply for an intermediate or
unrestricted license.  SB 9 would make an exception for restricted
drivers who used wireless phones in legitimate emergency situations.
Its text is available at
http://www.legislature.state.tn.us/bills/currentga/BILL/SB0009.pdf.

SB 10 would apply similar rules to drivers under the age of 18 but
wouldn't include SB 9's rule about postponing eligibility for the next
type of license.  SB 10's text is available at
http://www.legislature.state.tn.us/bills/currentga/BILL/SB0010.pdf.



NETWORK MANAGEMENT
WASHINGTON
WUTC sets hearing on 'overlay' public information plan cost recovery

The Utilities and Transportation Commission has scheduled a Feb. 23
hearing to address the most appropriate method for allocating the costs
of a $1.2 million public education plan relating to the introduction of
10-digit dialing and the "564" area code "overlay" in Western
Washington.  Comments are due Feb. 16.

The staff has proposed basing the amount each provider must pay on the
number of prefixes assigned to each provider, as reported by North
American Number Planning administrator NeuStar, Inc.  Other plans being
considered would base the allocation on the number of working telephone
numbers, access lines in service, and revenues.

The staff said it preferred the prefix method because it relies on
verified, publicly available, nonconfidential information.  The staff
also pointed out that the demand for prefixes is the "most direct cause
of the need for area code relief."  The staff is recommending an
assessment of about $568 per prefix.

The commission also requested comments by Feb. 16 on a mechanism for
collecting and distributing money for the public education plan.  The
Washington Independent Telephone Association has offered to play this
role.  The association would receive payments from each provider and
would use the fund to pay for the advertising costs detailed in the
plan.  The WUTC approved the plan in November 2000.  (Docket no.
UT-991535)



TAXATION
MISSOURI
Bill would extend telecom sales tax exemption

Rep. Harry Kennedy (D., District 66) has introduced a bill to extend an
existing sales exemption on telecom services.  HB 594 would broaden the
state's current exemption to include services that are listed separately
"on records of the seller maintained in the ordinary course of
business."  The existing exemption applies only to services that are
listed separately on the customer's bill.  HB 594's text is available at
http://www.house.state.mo.us/bills01/biltxt01/intro01/HB0594I.htm.

Sen. Harry Wiggins (D., District 10) has introduced a similar bill in
the Senate.  (1/25/01 p.m.)  SB 234, which has been referred to the
Senate Ways and Means Committee, is available at
http://www.senate.state.mo.us/01info/billtext/intro/SB234.htm.



WIRELESS
WYOMING
Bill would ban using hand-held cellphones while driving

Rep. Floyd Esquibel (D., District 44) has introduced a bill to prohibit
using hand-held wireless phones while driving.  HB 267 would exempt
anyone using a wireless phone to contact an emergency response vehicle
and any person operating an emergency response vehicle while performing
official duties.

HB 267 awaits committee referral.



ADVANCED SERVICES
INDIANA
Robots to install fiber optics under Indianapolis

CityNet Telecommunications, Inc., has announced it will use robots to
install fiber optic cable through sewer pipes in Indianapolis.  The
company uses a small computerized robot that is equipped with cameras to
install stainless steel alloy rings to support fiber optic cable inside
sewer pipes.  Workers lower the robot down a manhole and into the sewer
where it's controlled remotely by a nearby technician.

CityNet already has agreements with city officials in Albuquerque and
Omaha.



NETWORK MANAGEMENT
NEW YORK
NeuStar implements mandatory number pooling trial in '315' code

North American Numbering Plan administrator NeuStar, Inc., has announced
that a mandatory 1,000-number block pooling trial began Feb. 2 in north
central New York's "315" area code.

NeuStar already is administering number pooling trials in New York's
"212," "516," "518," "718," and "716" area codes and is planning number
pooling trials for the "914," "845," "646," and "347," "607," "631," and
"917" area codes later this year.



Federal law prohibits duplication in any form, including electronic,
without permission of the publisher.

TR's State NewsWire Copyright 1998, 1999, 2000 Telecommunications
Reports International, Inc. (ISSN 1082-9350) is transmitted each
business day at 8 a.m. and 2 p.m., except holidays.
Telecommunications Reports International, Inc.
1333 H St. NW, Suite 100-E
Washington, DC 20005-4707

Associate Editor for Online Publications: Jennifer Erschen, E-mail:
jerschen@tr.com
Senior Legislative & Regulatory Analyst: Gayle Kansagor, E-mail:
gkansagor@tr.com
Senior Research Analyst: Steve Arlowe, E-mail: sarlowe@tr.com
Senior Analyst: Barney McManigal, E-mail: bmcmanigal@tr.com
Account Services: Eileen Callahan (202) 312-6116, (202) 842-3023 (fax)
E-mail: ecallahan@tr.com