MARTIN URGES STATES TO KEEP TRO DOCKETS GOING

Meanwhile, NARUC asked the Bush Administration and the Congressional leadership to support an immediate appeal by the U.S. Solicitor Gen. of the U.S. Appeals Court, D.C., decision (CD March 3 p1) that struck down the FCC’s delegation to the states of authority to determine the competitive need for unbundled network elements (UNE).

Martin said the D.C. Circuit ruling could affect all federal-state govt. partnerships, not just that of the FCC and PUCs. “The court viewed the states as just another lobbyist, the same as private organizations,” he said. “This view is incorrect. You have a unique role beyond any private lobby.” He said if the D.C. Circuit ruling withstood appeal, it could affect federal-state partnerships in energy and transportation policy “and any delegation of authority to the states by any federal agency.” At least 11 of the 42 states with TRO cases halted those proceedings because of the D.C. Circuit’s ruling (CD March 8 p2). In response to a question, Martin said expanding universal service support for wireless services may require reexamination of the eligibility and subsidies for wireless carriers to control fund growth.

Meanwhile, NARUC Pres. Stan Wise of Ga., and Telecom Committee Chmn. Bob Nelson of Mich. called on President Bush and Congressional leaders to “support immediate Supreme Court review of this faulty and destabilizing opinion.” Their letters said the FCC had recognized state commissions were “perfectly equipped” for determining on a market-by-market basis the need for unbundling: “Common sense tells you that more detailed records specific to particular markets can only result in better matching pro-competitive policies to actual conditions.” The NARUC letter said “the consequences of this ruling are severe, not only for the future of local telephone service but for the ability of state agencies to cooperate with federal agencies to accomplish national goals.”

In other NARUC business, the Telecom Staff Subcommittee advanced 4 policy resolutions. The resolutions: (1) Urged states and the FCC to update their service quality metrics and reporting formats to reflect current technologies and service capabilities. The resolution included an 11-page list of suggested changes to metrics and reporting practices, based on an update of a 1998 NARUC service quality white paper, and urged regulators to standardize metrics and reporting requirements on a multistate basis as much as possible. (2) Called for an updated summary of NARUC telecom policy resolutions to eliminate resolutions that have become obsolete and older resolutions inconsistent with current policy. The summary, which would form the basis of NARUC telecom lobbying efforts, would be presented for adoption at the 2004 summer meeting in Salt Lake City, along with any proposals for substantive departures from previous policy.

(3) Urged Congress to amend the Sunshine laws governing the FCC to facilitate members’ participation in federal-state joint boards and conferences. Current law allows only 2 FCC comrs. to be present when participating in federal-state collaborations even if 3 members are assigned. The resolution said the FCC members have to rotate their appearance during sessions, “causing unnecessary repetition of prior conversations and positions.” The resolution said the federal-state bodies are advisory and don’t make policy. (4) Urged state commissions and utilities to increase procurement opportunities of women and minority businesses, and recommended they follow the market access guidelines developed by the Utility Market Access Project. The staff subcommittee also considered a resolution urging the FCC to reopen a 2002 case on whether directory assistance regulation needs changes to promote competition. The group forwarded this resolution to the Telecom Committee without action because it couldn’t agree how to fix language problems and internal inconsistencies.