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1999 Telecommunications Laws

Contents

Summary
Table:  States and Jurisdictions that Passed Telecommunications Laws in 1999
State-by-State List of Telecommunications Laws Passed in 1999

Last updated: 4-6-00
Note: For a hard copy of the complete report, please contact the NCSL publications department.
file size=133kb

Summary

Since passage of the federal Telecommunications Act of 1996 telecommunications giants and industry newcomers are rushing to merge with each other. And at the same time, companies across the nation are lining up to become a one-stop source for all consumers' cable television, Internet access and local and long-distance telephone services. State lawmakers considered in 1999 a variety of measures that recognize these developments and that regulate the telecommunications industry.

Telecommunications legislation was introduced in virtually every state. Some of the areas include: 911, cable television, cellular services, crime, deregulation, disabilities, public utilities commissions, rights-of-way, slamming and cramming, taxation, telemarketing, telephone cards, universal service and wiretapping (see table 1).
 
 

911

In the late 1960s the President's Commission on Law Enforcement recommended that an emergency telephone number be established. The number sequence 911 was established and saved by AT&T for this purpose. The Office of Telecommunications Policy issued a national policy statement in 1973 that recognized the benefits of 911 and encouraged nationwide use of this emergency number. Basic 911 service now is offered in virtually every community. Seven states enacted legislation in 1999 pertaining to 911 emergency networks. The majority of the legislation concerns the operation of various systems.

Cable Television - (CTV)

The state, not local franchise authorities, regulates cable television rates and services in a majority of the states.

Only three states--Alabama, Florida and Oregon--enacted legislation in 1999 pertaining to cable television.

Cellular Services - (CEL)

Four states--Alabama, Delaware, Louisiana and Maine--enacted legislation in 1999 that regulates cellular or mobile telecommunications services.

Crime - (CRM)

Six states enacted legislation in 1999 that provides for criminal penalties for acts such as the unauthorized reception of cable television services, fraud, unlawful telemarketing practices and the interception of communications.

Deregulation - (DRG)

Three states--Delaware, Minnesota and Oregon--enacted legislation in 1999 that removed some restrictions on the regulation of telecommunications services. Most of the legislation relates to "alternative" telecommunications providers such as municipalities.

Disabilities - (DIS)

Four states--Connecticut, Maine, New Hampshire and North Carolina--enacted legislation in 1999 pertaining to people with disabilities.

Enhanced 911 - (E911)

Three states--Illinois, Maine and New York--enacted enhanced 911 legislation in 1999.

Public Utilities Commissions - (PUC)

Fourteen states enacted legislation in 1999 that pertains to public utilities commissions. Most of the legislation relates to the regulation of telecommunications providers by public utilities commissions.

Right-of-Way - (ROW)

Four states--Georgia, Nebraska, North Dakota and Utah--enacted legislation in 1999 regulating or defining rights-of-way in relation to telecommunications services.

Slamming/Cramming - (SLM)

In 1999 states attempted to regulate the practices of "slamming" or "cramming." Thirteen states enacted legislation that relates to the unauthorized switching of a consumer's telecommunications provider ("slamming") or the unauthorized addition of telecommunications service options ("cramming").

Taxation - (TAX)

Legislation was enacted in 1999 by 10 states pertaining to the taxation of telecommunications services.

Telemarketing/Consumer Rights - (TLM)

Consumers have become increasingly frustrated by persistent calls from telemarketers. This frustration has resulted in state legislation in 1999 that attempts to stop these calls. The laws allow residents to place their names on "no call" or "do not call" lists. Telemarketers that violate the law are subject to fines for each violation. Florida has the most experience with this form of regulation; its law has been in effect since 1990. Recently-enacted laws in Georgia and Tennessee are similar to the Florida act.

In 1999, seven states enacted legislation pertaining to telemarketing and consumer rights.

Telephone Cards - (CRD)

A relatively new area of legislation that states addressed in 1999 pertains to prepaid calling cards or authorization numbers. At least four states--Arkansas, Maryland, Nebraska and Rhode Island--enacted legislation in 1999 to tax these services.

Universal Service - (UVS)

The Communications Act of 1934 established the concept of universal service and defined it as making available " ... to all people of the United States a rapid, efficient, nationwide and worldwide wire and radio communication service with adequate facilities at reasonable charges." Since 1934, one goal of public policy in this area is to ensure the availability of reasonably priced telephone service to Americans in both urban and rural areas.

In furtherance of this goal, five states enacted legislation in 1999 pertaining to the establishment, definition or funding of universal service.

Wiretapping - (WRT)

One state enacted legislation in 1999 pertaining to wiretapping. The legislation concerns domestic violence orders.

Miscellaneous - (MSC)

States also enacted legislation on various other telecommunications issues, such as funding for telecommunications programs, regulation of service orders and participation by a state in FCC procedings.
 

Table: States and Jurisdictions that Passed Telecommunications Laws in 1999

State-by-State List of Telecommunications Laws Passed in 1999