PUC REFORM BILLS EMERGE IN 2004 STATE LEGISLATIVE SESSIONS

A PUC reform bill in Hawaii would increase the size of that state’s PUC to 5 members from 3. The bill (SB-2079) would require that one member be appointed by the governor as a statewide representative. Each of the other 4 members would represent one of Hawaii’s counties and would be appointed from a list of nominees for that county approved by the county govt. Currently, PUC members are appointed directly by the governor and represent the entire state.

A Wash. administrative reform measure (SB-6529) would eliminate the current requirement that the state Senate screen nominees for gubernatorial appointment to the Wash. Utilities & Transportation Commission. The bill would eliminate the Senate from the nomination process. The governor would have sole responsibility for selection of an appointee, who would have to be confirmed by the Senate.

A bill in the Idaho House (HB-502) would allow telecom carriers to self-elect rate deregulation for their basic local service. Current law puts basic exchange service under rate-of-return regulation but has deregulated rates for all other telecom services. Telecom carriers can petition for basic exchange rate deregulation if they can prove effective local competition exists. Qwest has won rate deregulation of basic service to business customers with more than 5 lines because of competition. The bill would give the Idaho PUC whatever authority was necessary to implement the mandates of the federal Telecom Act and to maintain service quality. It would deny the PUC the power to place a carrier back under rate-of-return regulation for service-quality offenses.

The Colo. Senate Finance Committee advanced a bill (SB- 96) that would allow telecom carriers to sell business property not used for providing regulated services without prior permission from the PUC. The bill would allow carriers to sell land, support assets such as vehicles or office space and other tangible business property. Transactions involving transfer of operating authority or other rights granted by the state still would require PUC approval. The bill would require the carrier to account for the proceeds from such sales to the PUC.

The Colo. House Information & Technology Committee plans a hearing today (Jan. 26) on a carphone safety bill (HB-1063) to ban drivers from using handheld mobile phones except in emergencies. The measure not only would impose fines, but also would impose one violations point if use of a handheld phone by a driver resulted in an auto accident. Attempts in other states to include a points penalty in carphone safety bills have met with vigorous voter opposition. The Md. House Environmental Matters Committee plans a Feb. 4 hearing on a carphone safety bill (HB-5) that would prohibit any driver under age 18 or on a learner’s permit from using any kind of mobile phone or text messaging device while driving, except for emergency calls. The Utah House Transportation Committee advanced a bill (HB-190) that would bar school bus drivers from talking on mobile phones while driving, except for reporting emergencies, road hazards or criminal activity

For the 4th year in a row, the Cal. legislature has seen the introduction of a carphone safety bill. Under this year’s measure (AB-1828), talking on a handheld mobile phone while driving would be a primary offense punishable by a $20 fine on a first offense and $50 for subsequent offenses. Emergency calls would be exempt. Similar bills in 2001 and 2002 died in committee, but passed the Assembly last year only to die in a Senate committee. N.Y. and N.J. are the only states ever to pass carphone safety laws.

An S.D. consumer protection measure (SB-82) would require telecom carriers to give customers whose contracts have automatic-renewal provisions 30 days’ written notice of the impending end of the contract, what action they must take to avoid automatic renewal and the deadline for that action. If the carrier failed to provide the required notice, automatic renewals wouldn’t be enforceable and the customer could quit the contract without penalty at any time after the end of the original term.

Three Lifeline bills have been introduced in Fla. The first (SB-1548) would require that local carriers offer Lifeline customers a free toll-blocking or toll-restriction option. It also would ban disconnection of local Lifeline service for nonpayment of any other telecom services. A related SB-1546 would require carriers to notify new customers about Lifeline availability and to remind all customers once a year about Lifeline service. The 3rd Lifeline bill (SB-1468) would require local exchange carriers to submit monthly reports to the PSC and Office of Public Counsel on Lifeline service provisioning activities.

Parallel bills in the Ariz. legislature would impose a special 4.5% gross receipts tax on residential cable and satellite TV services to bankroll a new First Responders Trust Fund. Revenue derived from Internet access services would be deducted from the tax base. Under SB-1148/HB-2510, money in the fund would be used for grants to local police, fire and rescue units for emergency management, emergency alert and homeland security preparedness purposes. Money in the fund couldn’t be transferred or appropriated for general state government purposes.