THE REGULATORY MIX AND BLOG ARTICLES

A new law in Idaho (effective January 1, 2014) has created a separate prepaid wireless emergency communications fee. A seller of prepaid wireless service (PPW) must collect the 2.5% fee on each retail transaction and remit the fee at the same time and in the same manner as sales tax.

A new law (effective May 24, 2013) in Nevada requires wireless
providers to provide, on request of a law enforcement agency, certain call
location information about their subscriber’s devices. To facilitate the
processing of such requests, wireless providers, including resellers, must also
provide emergency contact information to the Nevada Department of Safety.

In December 2012, the FCC issued a Notice of Proposed Rulemaking to consider whether it should change its rules to ensure just and reasonable inmate calling services rates for interstate, long distance calling at publicly- and privately-administered correctional facilities.

An Illinois Commerce Commission order identifies consumer protection rules applicable to electing providers. The rules will only apply when the electing provider is offering or providing certain optional packages or stand-alone residential network access lines. They become effective July 1, 2013.

Canadian Radio-Television and Telecommunications Commission has  issued a Wireless Code. The Code applies to all new contracts starting on December 2, 2013, and addresses the following:

• The consumer's ability to terminate their service after two years without cancellation fees (even if the contact is for a longer term);
• A $50/month cap on extra data charges;
• A $100/month cap on international data roaming charges;
• The consumer's ability to unlock their cell phone after 90 days or immediately if the device was paid for in full;
• A 15 day return policy if the customer is unhappy with their service;
• The consumer's ability to accept or decline changes to key terms of a fixed-term contract; and
• A requirement for providers to provide an easy to read, easy to understand contract.

The Wireless Code applies to all service providers in Canada including postpaid and where applicable prepaid services. More information on the new CRTC Wireless Code can be found at www.crtc.gc.ca/wirelesscode.

 

The FCC has granted a waiver of its rules to allow all carriers that provide service in areas of Oklahoma declared as having experienced a major disaster due to the recent severe storms and tornadoes to age residential numbers for more than 90 days. This will allow customers who have been displaced by the severe storms and tornadoes in Oklahoma to discontinue their service temporarily and to reinstate it at a later time. Due to the catastrophic nature of the damage in Oklahoma, the FCC expects customers will seek to reinstate their service after the normal 90-day aging period has lapsed. The rule wavier will allow carriers in the affected areas to disconnect temporarily customers’ telephone service, upon request, to avoid billing issues, and then reinstate the same numbers when service is reconnected in those areas. The affected counties are Cleveland, Lincoln, McClain, Oklahoma, and Pottawatomie counties.

The Federal Communications Commission is looking to change the way it calculates the regulatory fees paid by the entities it regulates. This could be good news for IXCs, CLECs, IXC resellers, debit card providers, OSPs, inmate service providers, pay telephone providers, interconnected VoIP providers, and audio bridging service providers. These carriers, which the FCC calls Interstate Telecommunications Service Providers, could be in for a reduction in the fee they pay on their revenues. Under one proposal, the fee would decrease to 0.00359 per revenue dollar. Under the other proposal the fee would remain at the 0.00375 per revenue dollar amount paid last year. 

The New Hampshire PUC has proposed new telecommunications rules.  A new   category of telephone utility - Excepted Local Exchange Carrier (ELEC) - will be established.  A new term - Voice Service Provider (VSP) - will refer to all telephone public utilities.  Proposed rules address registration and reporting; tariffs and rate schedules; and customer relations.  VSPs will have to provide essential telecommunications service to their customers and ILECs will be required to provide basic service.  If you need assistance evaluating the impact of these rules, TMI can help you.

The FCC adopts rules to make certain that individuals with disabilities have access to Internet browsers included with mobile phones. The rules apply to mobile phone manufacturers and mobile service providers that include (or arrange for the inclusion of) an Internet browser on mobile phones and are consistent with those adopted previously for ACS. Recordkeeping and annual certification requirements are the same. The rules will become effective October 8, 2013.