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TELECOMMUNICATIONS
LAWS PASSED
In 1998

Information Policy and Technology Series

by
Paul D. Gentile
Robert D. Boerner
Legislative Information Services


Contents

Introduction
911
Cable Television (CTV)
Cellular Services (CEL)
Crime (CRM)
Deregulation (DRG)
Disabilities (DIS)
Enhanced 911 (E911)
Public Utilities Commissions (PUC)
Rights of Way (ROW)
Slamming/Cramming (SLM)
Taxation (TAX)
Telecommunications Act of 1996 (ACT)
Telemarketing/Consumer Rights (TLM)
Telephone Cards (CRD)
Universal Service (UVS)
Wiretapping (WRT)
Miscellaneous (MSC)

16-page document. For a hardcopy of the complete report, please contact Janna Goodwin.


 

 

 

 

 

Introduction

In 1996, Congress enacted the historic Telecommunications Act. Its passage marked a monumental change in the regulation of the cable television and telecommunications industries. The states enacted a variety of legislation on telecommunications, including cable television, in 1998. State legislation to implement the federal act, regulate 9-1-1 services, and regulate telemarketing are just a few of the issues states have addressed in 1998. Other topics include regulating telephone cards, establishing universal service programs, and regulating cellular telephone services.

This report does not attempt to summarize all cable television and telecommunications legislation passed in 1998. The issues addressed in the report include 9-1-1 and enhanced 9-1-1, cable television, cellular services, telecommunications crime, deregulation, disabilities, public utilities commissions, rights of way, slamming and cramming, taxation, the Telecommunications Act of 1996, telemarketing and consumer rights, telephone cards, universal service, wiretapping and miscellaneous matters.
 

Top


911
Eight states enacted legislation in 1998 pertaining to 911 emergency networks. The majority of the legislation concerns the funding of the networks. Enhanced 911 legislation is summarized in a subsequent section.
 
 

Arizona S. B. 1062 (Signed 5/19/98)
Makes it illegal to interfere with certain emergency communications or networks.

Florida H. B. 4143 (Became law without governor's signature 5/28/98)
Limits liability and provides indemnification for local governments and wireless providers relating to 911 service.

Georgia H. B. 812 (Signed 4/2/98)
Links funding of 911 to a requirement that dispatch staff be trained officers.

Kentucky H. B. 673 (Signed 4/13/98)
Prohibits inappropriate use of wireless 911 service.

Pennsylvania H. B. 911 (Signed 2/12/98)
Defines the powers and duties of Pennsylvania emergency management agency and public utility commissions regarding telephone records and rules and regulations. Also applies to expenditures for mobile telecommunications equipment.

South Dakota S. B. 136 (Signed 3/13/98)
Appropriates funding for statewide 911 emergency reporting system.

Utah S. B. 221 (Signed 3/21/98)
Increases levy to fund 911 emergency service.

Virginia H. B. 1331 (Signed 4/16/98)
Requires providers of cellular and personal communication systems to collect monthly customer surcharges to fund the federally mandated 911 service. Establishes an advisory board to oversee the administration of the wireless fund.

Top


Cable Television (CTV)

Only three states enacted legislation in 1998 pertaining to cable television.
 
 

Maine H. B. 1475 (Signed 4/16/98)
Reimburses cable television companies for property prior to the business equipment tax reimbursement program.

New Hampshire H. B. 1651 (Signed 5/6/98)
Establishes committee to study cable television service.

New York S. B. 7177 (Signed 8/5/98)
Extends the authority of the Hudson Valley emergency medical services council to conduct field training via cable television.

Top


Cellular Services (CEL)

Seven states enacted legislation in 1998 concerning cellular services and wireless telecommunications. The majority of the legislation relates to the use or possession of illegal wireless devices. The legislation also stipulates fines and punishments for violations.
 
 

Arizona H. B. 2366 (Signed 5/28/98)
Makes possession or intent to sell a cloned cellular telephone illegal. Defines cloned cellular telephone as one in which the serial number is altered.

Kentucky H. B. 168 (Signed 4/1/98)
Allows planners to control the siting of local cellular antenna towers in their jurisdictions through zoning or planning. Authorizes planning commissions to require co-location of transmission equipment by a telecommunications carrier on new or existing infrastructure.

Maryland H. B. 1178 (Signed 5/21/98)
Makes criminal the possession of certain mobile identification numbers or electronic serial numbers.

New Hampshire H. B. 467 (Signed 4/16/98)
Makes it a felony to use a cloned cellular telephone or reader. Makes it a felony to knowingly manufacture or traffic in such devices.

Oklahoma S. B. 1105 (Signed 3/24/98)
Prohibits the dissemination of certain information received from cellular telephones and provides a fine and a misdemeanor penalty.

Virginia H. B. 553 (Signed 5/20/98)
Includes cellular and broadband services within same definition as telephone service and gives the state corporation commission responsibility for assessment of these services.

Virginia H. B. 1331 (Signed 3/16/98)
Requires providers of cellular and personal communication systems to collect monthly customer surcharges to fund the federally mandated 911 service.

Top


Crime (CRM)

Ten states enacted legislation in 1998 that provide criminal penalties for the following: "slamming;" interfering with emergency telecommunications networks; and possessing illegal cellular hardware. Additional areas included in this section are consumer rights, harassment, and telemarketing or commercial advertising by telephone.
 
 

Arizona H. B. 2366 (Signed 5/28/98)
Makes possession or intent to sell a cloned cellular telephone illegal. Defines cloned cellular telephone as one in which the serial number is altered.

Arizona S. B. 1062 (Signed 5/19/98)
Makes it illegal to interfere with certain emergency communications or networks.

California S. B. 1734 (Chaptered to secretary of state 9/18/98)
Provides for forfeiture of certain telecommunications equipment used in the commission of a crime.

California A. B. 1872 (Chaptered to secretary of state 9/14/98)
Makes it a crime to request or receive payment for a telemarketing transaction until seven days after the delivery of the item of value.

Georgia H. B. 1130 (Signed 4/14/98)
Makes criminal the unauthorized switching of local exchange or long distance carriers.

Kentucky S. B. 119 (Signed 4/13/98)
Relates to theft of telecommunications services. Prohibits manufacturing or possession of devices that enable theft.

Maryland H. B. 1178 (Signed 5/21/98)
Provides criminal penalties and a venue for prosecution for obtaining telecommunications services with the intent to avoid payment. Also makes criminal the possession of certain mobile identification numbers or electronic serial numbers.

Michigan H. B. 4972 (Signed 5/14/98)
Relates to facsimile transmission of advertisements and sales solicitation to a home. Increases penalties. Allows civil suits to recover damages.

Michigan H. B. 5387 (Signed 7/10/98)
Relates to telemarketing and interstate commercial advertising. Prohibits businesses from blocking caller i. d. at certain times. Requires advertiser to release a consumer’s line for an incoming call or outgoing call. Stipulates fines up to $1,000 for violations.

New Hampshire H. B. 467 (Signed 4/16/98)
Makes it a felony to use a cloned cellular telephone or reader. Makes it a felony to knowingly manufacture or sell such devices.

Oklahoma S. B. 1105 (Signed 3/24/98)
Prohibits the dissemination of certain information received from cellular telephones and provides a fine and a misdemeanor penalty.

Oklahoma H. B. 2571 (Signed 6/3/98)
Makes malicious intimidation through telephone messages or transmissions because of race a felony for a second or third violation. Provides immunity to partnerships, corporations or companies installing telephone equipment.

Tennessee H. B. 2981 (Signed 5/18/98)
Make it a felony for a convicted criminal to contact or harass a victim of crime through the telephone.

Virginia S. B. 199 (Signed 4/15/98)
Makes it a felony to possess or create an illegal telecommunications device.

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Deregulation (DRG)
Ten states enacted legislation in 1998 that removed some restrictions on telecommunications services. Most of the legislation relates to alternative telecommunications providers such as water companies, public works and municipalities.
 

Florida H. B. 4785 (Became law without governor's signature 5/28/98)
Extends date for elimination of certain rate caps. Creates the Telecommunications Consumer Protection Act.

Indiana H. B. 1202 (Signed 3/12/98)
Allows rural electric membership corporations to furnish telecommunications services.

Iowa S. B. 2380 (Signed 4/23/98)
Relates to price regulation of a local exchange carrier. Stipulates that a plan submitted by a telecommunications carrier be acted upon within 90 days of filing.

Kentucky S. B. 269 (Signed 4/1/98)
Permits class 2 and 6 cities to provide telecommunications services through municipal utilities.

Maine H. B. 1425 (Signed 3/23/98)
Gives a water company the right to provide fiber optic telecommunications service similar to service provided by the public service company.

New Hampshire H. B. 1389 (Signed 6/26/98)
Allows telecommunications agreements to be entered into by the commissioner of the Department of Transportation.

Tennessee H. B. 2523 (Signed 5/18/98)
Defines public works to now include some telecommunications services. Makes municipal telecommunications services exempt from regulatory review.

Utah H. B. 37 (Became law without governor’s signature 3/24/98)
Allows agencies to make contracts with alternative private telecommunications providers if there are clear benefits for doing so.

Vermont H. B. 616 (Signed 4/15/98)
Requires development of an ordinance to regulate municipal siting of telecommunications infrastructure. Prohibits the siting of new telecommunications infrastructure until 1/15/99.

Virginia H. B. 335 (Signed 5/22/98)
Prohibits any municipality from authorizing the offering of telecommunications service or infrastructure.

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Disabilities (DIS)

Four states enacted legislation in 1998 pertaining to people with disabilities. This section includes legislation on hearing dispensers, dispatch centers, equipment funds, and the definition of "handicapped persons."
 
 

California A. B. 1051 (Chaptered to secretary of state 5/22/98)
Authorizes licensed hearing aid dispensers to certify impaired individuals for receipt of a telecommunications aid from a telecommunications provider.

Georgia H. B. 812 (Signed 4/14/98)
Requires training and certification of dispatch communications officers in the use of telecommunications devices for the deaf. Requires that all dispatch centers staff be trained officers and links local funding through 911 fees.

Maine S. B. 853 (Signed 4/15/98)
Amends the statutory provisions governing the telecommunications equipment plan and the telecommunications equipment fund.

Michigan S. B. 374 (Signed 3/18/98)
Redefines "handicapped persons" as "persons with disabilities" in the Telecommunications Act.

Top


Enhanced 911 (E911)

Six states enacted enhanced 911 legislation in 1998. The legislation relates to the funding of enhanced 911 services and wireless telecommunications infrastructure.
 

Iowa S. B. 530 (Signed 4/16/98)
Establishes a commission for enhanced 911. Establishes a surcharge and provides bonds and reimbursement to wireless service providers for costs incurred in making upgrades necessary for enhanced 911 service.

Missouri S.B. 743 (Signed 07/02/98)
Establishes the wireless service provider enhanced 911service fund.
(Note: a section of SB 743, establishing a cost-recovery fee to provide wireless E-911 in accordance with FCC orders, will go on the ballot on April 6, 1999 for voters to decide.)

New Hampshire H. B. 529 (Signed 6/26/98)
Allows the rent, lease, development, or easement of property for certain wireless telecommunications infrastructure without having the property considered a subdivision.

Virginia H. B. 1237 (Signed 4/16/98)
Stipulates that a public body may enter into contracts without competitive sealed bidding or negotiation when procuring telecommunications facilities for enhanced wireless public safety telephone systems.

Virginia H. B. 1331 (Signed 3/16/98)
Establishes the Wireless Enhanced Public Safety Telephone Service Act.

Washington H. B. 1126 (Signed 4/3/98)
Regards implementation of enhanced 911 recommendations. Adjusts certain taxes to fund the system. Specifies which counties receive the system.

Top


Public Utilities Commissions (PUC)

Eight states enacted legislation in 1998 pertaining to Public Utilities Commissions. Most of the legislation allows Public Utilities to act as telecommunications providers.
 
 

California S. B. 2009 (Chaptered to secretary of state 7/13/98)
Authorizes a municipal utility district providing electricity to more than 250,000 customers to purchase telecommunications equipment and software.

California A. B. 1973 (Chaptered to secretary of state 9/14/98)
Requires an annual report from the public utilities commission on specified telecommunications until 2004.

Georgia H. B. 71 (Signed 4/2/98)
Prohibits unsolicited telephone calls to subscribers who have registered their objections to the public utilities commission. Restricts caller i.d. blocking. Provides for enforcement through the administrator of consumer affairs.

Indiana H. B. 1376 (Signed 3/13/98)
Allows a public utility to function as a conveyer of telecommunications messages.

Kentucky S. B. 269 (Signed 4/1/98)
Permits class 2 and 6 cities to provide telecommunications services through municipal utilities.

Maine H. B. 1425 (Signed 3/23/98)
Gives a water company the right to provide fiber optic telecommunications service similar to service provided by the public service company.

Maine H. B 1661 (Signed 4/13/98)
Relates to universal service. Allows public utilities commission to establish a universal service program funded in part by intrastate telecommunications providers.

New York A. B. 11091 (Signed 7/22/98)
Relates to jurisdiction of public service commission. Exempts a telecommunications provider from notice and publication requirements of changes in schedules if under public service commission jurisdiction.

Utah H. B. 187 (Signed 2/26/98)
Requires bi-annual report on telecommunications from the public utilities commission.

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Rights of Way (ROW)

Four states enacted legislation in 1998 regulating or defining rights of way as it relates to telecommunications services.
 

Florida S. B. 1704 (Became law without governor's signature 5/22/98)
Relates to telecommunications facilities. Regulates use of roads and rights of way. Limits fees and conditions imposed by local governments for issuing permits.

Georgia S. R. 530 (Signed 4/20/98)
Relates to telecommunications. Allows the granting of nonexclusive easements for the operation and maintenance on property own by the state of Georgia.

Iowa SB 2368 (Signed 4/23/98)
Relates to local government’s management of public rights of way. Removes cities’ power to grant franchises for construction of telecommunications infrastructure

Virginia H. B. 957 (Signed 4/16/98)
Creates a fee for the use of public rights of way by certified telecommunications providers.

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Slamming/Cramming (SLM)

In 1998 a significant area of legislation concerned the practices of "slamming" or "cramming." Sixteen 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").
 

Colorado H. B. 1405 (Signed 5/26/98)
Prohibits the transfer of a customer’s account from one provider of telecommunications services to another without the customer’s approval.

Connecticut S. B. 499 (Signed 6/4/98)
Prohibits the switching of a customer’s interstate or local exchange carrier without the customer’s authorization. Requires telecommunications providers to obtain written authorization.

Florida H. B. 4785 (Became law without governor's signature 5/28/98)
Creates the Telecommunications Consumer Protection Act. Authorizes the Florida public service commission to adopt rules to prevent the unauthorized changing of a subscriber's telecommunications service.

Georgia H. B. 1130 (Signed 4/14/98)
Criminalizes the unauthorized switching of local exchange or long distance carriers.

Georgia S. B. 522 (Signed 4/20/98)
Mandates the customer’s written authorization before a telecommunications provider may charge for any service and requires that those charges be stated distinctly and separately.

Hawaii H. B. 2701 (Signed 7/20/98)
Requires customer’s prior consent to switch long distance telecommunications carriers. Wireless carriers are exempt from this provision.

Idaho S. B. 1510 (Signed 3/24/98)
Prohibits unauthorized switching of customer’s long distance or local telephone service.Requires customers to be notified of such changes in service.

Indiana H. B. 1297 (Signed 3/12/98)
Prohibits unauthorized switching of customer’s long distance or local telephone service. Prohibits billing for unauthorized services.

Kentucky H. B 582 (Signed 4/13/98)
Requires written authorization before switching a customer’s telecommunications provider. Requires telecommunications providers to maintain a written record of the customer’s request. Stipulates that service must be switched back in five working days, if the customer so requests the switch within 60 days of the original transaction.

Maine H. B. 1661 (Signed 4/3/98)
Prohibits changing a consumer’s telecommunications carrier without prior authorization. Specifies penalties and provides for protection of consumers.

Massachusetts S. B. 2291 (Signed 9/11/98)
Provides for the regulation of the unauthorized switching of local or long distance telecommunications providers.

Michigan H. B. 5280 (Signed 7/16/98)
Requires the customer authorization before a telecommunications provider can switch local or long distance services. Provides for refunds and penalties.

Michigan S. B. 837 (Signed 7/16/98)
Requires customer’s consent prior to a telecommunications provider switching local or long distance services. Provides for fines and penalties.

Minnesota H. B 3042 (Signed 3/31/98)
Increases requirements on telecommunications providers relating to slamming, notification of price increases, and unauthorized international calls.

Missouri H. B. 1506 (Signed 7/9/98)
Requires the adoption of rules for telecommunications regulation. Requires that the verification by the consumer of any change in telecommunications services be consistent with FCC regulations.

New Hampshire H. B. 1527 (Signed 6/15/98)
Prohibits unauthorized switching of a consumer’s telecommunications provider.

New Jersey S. B. 1073 (Signed 8/24/98)
Gives procedures to prevent unauthorized switching for telecommunications providers to follow before changing a consumer’s service.

Tennessee H. B. 2908 (Signed 4/6/98)
Prohibits slamming and requires Tennessee regulatory authority to maintain a Web site to handle consumer complaints.

Vermont H. B. 599 (Signed 4/27/98)
Prohibits switching of telecommunications services.

Top


Taxation (TAX)

Legislation was enacted in 1998 by 16 states pertaining to the taxation of telecommunications services. The legislation concerns the collection of taxes on prepaid calling cards and defines cellular and wireless telecommunications as taxable telephone services. Some legislation also provides tax incentives for certain telecommunications providers and establishes funding for emergency networks.
 

Arizona S. B. 1018 (Signed 3/6/98)
Provides for the taxation of wireless telecommunications.

Arizona H. B. 2615 (Signed 5/29/98)
Allows tax deduction for taxpayers purchasing telecommunications services with a taxable prepaid calling card.

Arizona S. B. 1253 (Signed 5/29/98)
Provides tax incentives and deductions to the telecommunications industry.

California A. B. 1629 (Enrolled to governor 9/11/98)
Redefines exemptions for telephonic sellers to include nonprofit corporations that have held that status with certain provisions for more than 10 years.

Hawaii S. B. 3075 (Signed 7/17/98)
Exempts certain telecommunications service fees from general excise taxes.

Indiana H. B. 1147 (Signed 3/6/98)
Stipulates that prepaid calling cards or authorization numbers are subject to gross retail taxes.

Iowa S. B. 530 (Signed 4/16/98)
Establishes a surcharge and provides bonds and reimbursement to wireless service providers for costs incurred in making upgrades necessary for enhanced 911 service.

Kansas H. B. 3016 (Signed 5/14/98)
Concerns prepaid calling cards or authorization numbers. Relates to taxation of sales or recharge of such devices.

Louisiana H.B. 195 (Signed 6/22/98)
Stipulates that the 1 percent sales and use tax levied in 1996 does not apply to telecommunications services.

Louisiana H. B. 233 (Signed 6/24/98)
Levies 3 percent tax on prepaid calling cards and authorization numbers.

Maine H. B. 1475 (Signed 4/16/98)
Reimburses cable television companies for property acquired before the business equipment tax reimbursement program.

Maine H. B. 1681 (Signed 4/14/98)
Approves a task force to advise on methods to ensure that taxation of telecommunications services is equitable for comparable services, keeps pace with technological change and is efficiently administered.

Maryland H. B. 447 (Signed 4/14/98)
Allows tax credit for renovations involving telecommunications systems in residential areas.

Mississippi S. B. 2488 (Signed 3/23/98)
Authorizes the state tax commission to implement provisions of the tax law to assist in collection of certain taxes and fees from certain telephone subscribers.

Mississippi S. B. 2485 (Signed 3/31/98)
Taxes prepaid calling cards the same as the sale of tangible property under state sales tax law.

Missouri S. B. 627 (Signed 7/10/98)
Clarifies that local and long distance telecommunications services are subject to sales tax.

New Hampshire H. B. 707 (Signed 6/26/98)
Relates to municipal property tax. Specifies which telecommunications property can be taxed.

South Dakota H. B. 1050 (Signed 2/20/98)
Relates to taxation of telecommunications property, both real and personal, used in providing telephone and exchange rental or toll service.

Utah S. B. 211 (Signed 3/14/98)
Makes purchase of prepaid calling cards taxable.

Virginia H. B. 378 (Signed 4/2/98)
Regards license tax on telephones and telegraphs.

Virginia H. B. 553 (Signed 5/20/98)
Redefines deduction and gross receipts of telecommunications services relating to minimum and special tax purposes. Includes cellular and broadband services within same definition as telephone service and gives the state corporation commission responsibility for assessment of these services.

Virginia H. B. 1331 (Signed 4/16/98)
Requires cellular and personal communication systems providers to collect monthly customer surcharges to fund the federally mandated 911 service. Establishes advisory board to oversee the administration of the wireless fund.

Wisconsin S. B. 351 (Signed 4/28/98)
Provides protection for certain telecommunications users and stipulates penalties relative to enforcement of interconnection agreements.

Top


Telecommunications Act of 1996 (ACT)

Virginia enacted legislation specifically pertaining to the Telecommunications Act of 1996.
 
 

Virginia H. B. 568 (Signed 4/16/98)
Requires compliance with the Telecommunications Act of 1996. Telecommunications facilities are to be reviewed by the local planning commissions for compliance.

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Telemarketing/Consumer Rights (TLM)

In 1998 11 states enacted legislation pertaining to telemarketing and consumer rights. The legislation includes such areas as the consummation of sales over the telephone, telephone solicitation, and the use of caller i.d.
 

California A. B. 1676 (Enrolled to governor 9/14/98)
Prohibits transmission of unsolicited advertising material through faxes or other methods.

California A. B. 1872 (Chaptered to secretary of state 9/14/98)
Makes it a crime to request or receive payment for a telemarketing transaction until seven days after the delivery of the item of value.

California A. B. 2134 (Chaptered to secretary of state 9/14/98)
Concerns transactions consummated by telephone or other electronic means as a result of a solicitation by the seller. Provides the same venue as existing law if a lawsuit results. Requires telephone corporations to provide customers with specified information annually.

Florida H. B. 4785 (Became law without governor's signature 5/28/98)
Creates Telecommunications Consumer Protection Act.

Georgia H. B. 71 (Signed 4/2/98)
Prohibits unsolicited telephone calls to subscribers who have registered their objections to the public utilities commission. Restricts caller i.d. blocking. Provides for enforcement through the administrator of consumer affairs.

Georgia H. B. 1130 (Signed 4/14/98)
Requires certification of telecommunications companies that provide intrastate telemarketing services.

Illinois S. B. 1567 (Signed 7/1/98)
Gives the commerce commission authority to require the refund of all of a customer’s charges and fees for a violation by a telecommunications provider.

Iowa S. B. 2380 (Signed 4/3/98)
Concerns consumer advocacy. Prohibits the use of false or misleading disparaging remarks about another telecommunications carrier. Prohibits use of certain consumer information.

Kansas S. B. 573 (Signed 5/13/98)
Provides penalties for violations of procedures in changing a consumer’s telecommunications service.

Kentucky S. B. 199 (Signed 4/14/98)
Prohibits telephone solicitation.

Michigan H. B. 5387 (Signed 7/10/98)
Stipulates fines for violations of telemarketing and interstate commercial advertising rules.

New York S. B. 6133 (Signed 7/7/98)
Prohibits blocking of caller i.d. by telemarketers.

New York S. B. 6417 (Signed 7/29/98)
Prohibits collection of authorizations for certain telecommunications services through contest or sweepstakes prize boxes.

Tennessee H. B. 2473 (Signed 4/8/98)
Prohibits the blocking of caller i.d. by telemarketers.

Wyoming S. B. 48 (Signed 3/10/98)
Provides remedies to telecommunications consumers. Prohibits certain activities relating to telecommunications service. Provides for penalties and authorizes enforcement through the public service commission.

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Telephone Cards (CRD)

A relatively new area of legislation that states addressed; pertains to prepaid calling cards or authorization numbers. Six states enacted legislation in 1998 to tax these services.
 

Arizona H. B. 2615 (Signed 5/29/98)
Allows tax deduction for taxpayers purchasing telecommunications services with a taxable prepaid calling card.

Indiana H. B. 1147 (Signed 3/6/98)
Stipulates that prepaid calling cards or authorization numbers are subject to gross retail taxes.

Kansas H. B. 3016 (Signed 5/14/98)
Relates to taxation of sales or recharge of prepaid calling cards or authorization numbers.

Louisiana H. B. 233 (Signed 6/24/98)
Levies a 3 percent tax on prepaid calling cards and authorization numbers.

Mississippi S. B. 2485 (Signed 3/31/98)
Taxes prepaid calling cards the same as the sale of tangible property under state sales tax law.

Utah S. B. 211 (Signed 3/14/98)
Makes the purchase of prepaid calling cards taxable.

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Universal Service (UVS)

Six states enacted legislation in 1998 pertaining to the establishment, definition and funding of universal service.
 

Florida H. B. 4785 (Became law without governor's signature 5/28/98)
Establishes provisions for certain intrastate universal service support.

Idaho H. B. 516 (Signed 3/17/98)
Provides financial assistance to eligible carriers through a universal service fund. Modifies the criteria for eligibility. Increases the monthly discount for telecommunications service assistance.

Kansas S. B. 212 (Signed 4/23/98)
Defines enhanced universal service.

Maine H. B. 1661 (Signed 4/13/98)
Allows the public utility commission to establish a universal service program funded in part by intrastate telecommunications providers.

Vermont H. B. 599 (Signed 4/27/98)
Modifies the benefits of the lifeline program.

Washington S. B. 6622 (Signed 4/3/98)
Implements program for the advancement of universal service. Defines who should be the recipients of universal service benefits.

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Wiretapping (WRT)

Five states enacted legislation in 1998 pertaining to wiretapping. The legislation concerns child pornography, solicitation theft and wireless telecommunications.
 

Iowa H. B. 2480 (Signed 4/27/98)
Makes a statutory amendment related to the interception of wire and other communications.

Maryland H. B. 607 (Signed 5/12/98)
Creates an exemption, in certain circumstances, to the prohibition against wiretapping, relating to the governmental investigation of telephone solicitation theft.

Maryland H. B. 914 (Signed 5/12/98)
Allows wiretapping when investigating child pornography. Includes child pornography as an offense that may be investigated by intercepting wire telecommunications. Requires the attorney general, state attorney or state’s prosecutor to obtain a court order to lawfully do so.

Mississippi S. B. 2610 (Signed 3/16/98)
Authorizes interception of cellular or mobile telecommunications when investigating a crime.

Pennsylvania S. B. 635 (Signed 2/18/98)
Amends section of the crime code relating to wiretapping and electronic surveillance.

Washington H. B. 1072 (Signed 3/30/98)
Penalizes interception, transmission, disclosure or recording of telecommunications.

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Miscellaneous (MSC)

Miscellaneous legislation enacted in 1998 covers a broad range of topics including: providing access to certain telephone numbers by authorized public agencies; defining, funding and establishing the operating authority of certain telecommunications services; imposing civil fines for certain advertising and business practices over the telephone. Additionally, legislation provides for telecommunications service and quality standards, concerns the ownership of telecommunications corporations, and permits higher education to participate in telecommunications networks.
 
 

California A. B. 1977 (Chaptered to secretary of state 8/24/98)
Requires telephone companies to provide to an authorized official or the public utilities commission the telephone number and address of a subscriber to a telephone number being used by an unlicensed household goods carrier.

California A. B. 1980 (Chaptered to secretary of state 9/14/98)
Provides that certain boards of supervisors, governing boards or heads of public safety communication centers may authorize the destruction of telephone or radio communications after 100 days.

California A. B. 2351 (Enrolled to governor 9/15/98)
Redefines "credible threat" to include threats made through telephones, cellular telephones, fax and pagers.

Illinois H. B. 263 (Signed 3/20/98)
Provides for hearings, arbitration and appeals for complaints filed by telecommunications providers.

Iowa S. B. 2356 (Signed 4/6/98)
Establishes a fund for planning, locating or moving of telecommunications cabling.

Kentucky S. B. 176 (Signed 3/17/98)
Moves division of telecommunications to department of information systems.

Kentucky H. B. 345 (Signed 3/12/98)
Creates division of technology and communications.

Maine S. B. 690 (Signed 3/9/98)
Funds consulting costs related to implementation of state and federal legislation for telecommunications.

Massachusetts H. B. 1875 (Signed 7/3/98)
Allows conference telephone calls to be used to conduct meetings for boards of trustees of certain corporations.

Michigan H. B. 5499 and H.B. 5500 (Signed 7/2/98)
Imposes a civil fine for a business or advertisement using a local telephone number where the call will be forwarded to an unspecified address.

Minnesota H.B. 3644 (Signed 3/23/98)
Concerns telecommunications and local exchange carriers.

New York A. B. 8629 (Signed 8/4/98)
Includes telecommunications services under definition of "vendor of utility services."

New York S. B. 6617 (Signed 7/22/98)
Stipulates approval of an application for change of ownership in a telephone corporation within 90 days of the application.

Oklahoma H. B. 2651 (Signed 4/9/98)
Provides examples of telecommunications technology.

Oklahoma H. B. 3213 (Signed 5/26/98)
Relates to the Oklahoma Telecommunications Act of 1997 and to the comprehensive mental health services for the deaf and the hard of hearing.

Oklahoma H. B. 2228 (Signed 4/2/98)
Recreates state telecommunications advisory committee.

Oklahoma H. B. 2836 (Signed 4/15/98)
Assesses pay telephone providers.

South Dakota H.B. 1155 (Signed 2/20/98)
Exempts from bidding requirements certain telecommunications purchases.

Utah H. B. 115 (Signed 3/14/98)
Provides for the enforcement of standards relating to interconnection service and quality.

Vermont H. B. 599 (Signed 4/27/98)
Funds pay telephones and advanced telecommunications applications. Allows state agencies to bill for back expenses incurred from proceedings of federal communications act.

Wisconsin S. B. 269 (Signed 4/20/98)
Allows colleges and universities to participate in telecommunications networks.

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Updated 2-23-98

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