TELECOMMUNICATIONS
LAWS PASSED
In 1998
Information
Policy and Technology Series
by
Paul D. Gentile
Robert D. Boerner
Legislative Information Services
Contents
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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Updated 2-23-98
Information Policy, Technology, & Communications
ASI-CIP Committee
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