| STATE REPORT
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| The following is a summary of State regulatory documents filed, and
State regulatory action performed, on behalf of the Telecommunications Resellers Association (TRA) between mid-January and mid-February 1999. TRA state filings may be viewed at TRA's Internet web site. FILINGS California - In the Matter of the Joint Application of BELL ATLANTIC CORPORATION and GTE CORPORATION for Consent and Approval of a Change of Control (Docket No. 98-1252-TP) Connecticut - In the Matter of the Joint Application of BELL ATLANTIC CORPORATION and GTE CORPORATION for Consent and Approval of a Change of Control (Docket No. 98-10-18) January 15, 1999 (California) and January 29, 1999 (Connecticut): Initial comments were filed with the California Public Utilities Commission and the Connecticut Department of Public Utility Control regarding the proposed merger between GTE Corporation and Bell Atlantic Corporation. In its comments, TRA urged regulators to adopt a public interest standard for approval of the merger similar to that adopted by the New York Public Service Commission in its evaluation of the Bell Atlantic and NYNEX merger. TRA recommended that tough pre-merger conditions be adopted to compel the incumbents to open their local markets to competition. TRA's comments mirrored those previously filed on this issue in other jurisdictions. Connecticut: DPUC investigation into the Construction and Pricing of Telephone Company Unbundled Network Elements (Docket No. 98-10-16) February 5, 1999 A letter was filed with the Connecticut Department of Public Utility Control to address the impact of the January 25, 1999 Supreme Court Opinion on the Department's investigation into UNE provisioning and pricing. TRA urged the Department to ensure that its UNE pricing methodology and provisioning requirements are fully consistent with the federal rules reinstated under the Supreme Court's Opinion. Florida - In Re: Petition of Competitive Carriers for Commission Action to Support Local Competition in BellSouth's Territory (Docket No. 981834-TP) January 11, 1999 A Response to BellSouth's Motion to Dismiss a Florida Competitive Carriers Association (FCCA) Petition for establishment of an industry competitive forum, third party operations support testing and a UNE pricing proceeding was filed with the Florida Public Service Commission by the FCCA. FCCA's Response underscored the flaws in BellSouth's Motion. TRA signed the Motion as a FCCA member. Missouri - In the Matter of the Application of Southwestern Bell Telephone Company to Provide Notice of Intent to File an Application for Authorization to Provide In-region InterLATA Services Originating in Missouri Pursuant to Section 271 of the Telecommunications Act of 1996 (Case No. TO-99-227) January 12, 1999 A Request for Reconsideration was filed with the Missouri Public Service Commission through which TRA asked to be granted limited intervenor status in the Commission's investigation into SWBT's in-region interLATA market entry without a requirement that it provide the Commission and other parties with a list of members. TRA's request was granted. Nebraska - In the Matter of US West Communications, Inc. filing its Notice of Intention to File Section 271(c) Application With the FCC and Request for Commission to Verify US West Compliance With Section 271(c) (Application No. C-1830) February 11, 1999 A Supplemental Brief was filed with the Nebraska Public Service Commission outlining the implications of the January 25, 1999 Supreme Court Opinion in AT&T Corp. et al. vs. Iowa Utilities Board et al. on US West's compliance with Section 271(c), the competitive checklist, for in-region interLATA market entry. TRA stressed that by upholding the FCC's jurisdiction to establish unbundled network element pricing methodology and provisioning requirements, resale pricing methodology, and "pick and choose" provisions for interconnection agreements, the Supreme Court's decision clarified US West's Section 271(c) obligations. TRA urged the Commission to ensure that no favorable consideration of US West in-region interLATA market entry be given until the Company demonstrates compliance with the competitive checklist for interLATA market entry now under the requirements imposed by the reinstated FCC interconnection rules. Nevada - In the Matter of a Petition by AT&T COMMUNICATIONS OF NEVADA, INC., MCI TELECOMMUNICATIONS CORPORATION and SPRINT COMMUNICATIONS COMPANY L.P. for an Order Requiring NEVADA BELL to Implement IntraLATA Equal Access by February 8, 1999 (Docket Number 98-11010) January 15, 1999 A Petition for Leave to Intervene in the Nevada Public Service Commission IntraLATA Toll Dialing Parity Proceeding was filed with the Commission. February 8, 1999: A letter was filed with the Nevada Public Utility Commission, urging the Commission to grant a petition filed by AT&T Communications of Nevada, Inc., MCI Telecommunications Corporation, and Sprint Communications Company, L.P. (jointly, the "Petitioners") for an Order requiring Nevada Bell to implement intraLATA toll dialing parity on February 8, 1999. The letter also expressed TRA's concurrence with the Petitioners' January 29, 1999 letter which summarized the legal basis under which a February 8, 1999 ILP implementation date is required in light of the Supreme Court's January 25, 1999 opinion. Texas - Petition Of AT&T Communications Of The Southwest, Inc. To Require Southwestern Bell Telephone Company To Implement IntraLATA Presubscription No Later Than February 8, 1999 (Docket No. 19919). February 4, 1999 Exceptions were filed to the Texas Public Utility Commission's Revised Proposed Order in the Commission's IntraLATA toll dialing parity proceeding. TRA excepted to the proposed order's "deliberate speed" standard for Southwestern Bell Telephone, Inc.'s intraLATA toll dialing parity implementation as being entirely open-ended, unenforceable, without basis in record, and contrary to FCC rules and law. TRA urged the Commission to order a February 8, 1999 intraLATA toll dialing parity implementation date rather than unnecessarily delay further the availability of competitive choice to the public. REGULATORY ACTION Minnesota - January 29, 1999 A letter was submitted to Minnesota Public Utilities Commission Counsel in response to a staff document which outlined the potential harm to competitive local exchange carriers (CLEC) from competing against incumbent LEC CLEC affiliates in the absence of regulatory safeguards. TRA generally agreed with the potential anti-competitive incumbent LEC-CLEC affiliate scenarios identified by Staff. TRA urged the Commission to ensure that incumbents are not able to rely on CLEC affiliates to bypass their obligations under the Act, particularly in the delivery of advanced telecommunications services. Maryland - February 9, 1999 A joint response by TRA, CompTel, and ALTS was submitted to the Maryland Public Service Commission in response to the Commission's request that the Associations indicate whether the recent FCC Subscriber Carrier Selection rules resolved concerns over Bell Atlantic's Local Service Provider (PIC) freeze service. The Associations reiterated their concerns, noting that until Bell Atlantic could demonstrate compliance with the FCC's rules, the company's ability to rely on freezes to engage in anti-competitive abuse would remain suspect. Massachusetts - January 18, 1999 A joint TRA, CompTel, and ALTS letter was submitted with the Massachusetts Department of Telecommunications and Energy to reiterate concerns raised by the Associations regarding Bell Atlantic's Local Service Provider (PIC)freeze program in late December. The Associations urged the Department to require Bell Atlantic to demonstrate how it will comply with the FCC's Subscriber Carrier Selection rules before the Company's freeze service is authorized by the Commission. New York - January 18, 1999 A letter was sent to Peter McGowan, New York Public Service Commission counsel to thank Mr. McGowin for his response to the joint TRA, CompTel, and ALTS letter raising concern over Bell Atlantic's PIC freeze service. The Associations used the opportunity to address the FCC's recent Subscriber Carrier Selection rules and urge the Commission to require Bell Atlantic to demonstrate how it will comply with the FCC's new rules before its PIC freeze service is approved. NARUC - The Telecommunications Resellers Association will be represented by Mr. Isar at the upcoming National Association of Regulatory Utility Commissioners Winter Committee Meetings in Washington, D.C., February 22 - 24. Mr. Kelly will address the Communications Committee on resale and intraLATA competition issues. TRA, CompTel, and ALTS are jointly sponsoring a reception for NARUC attendees on Monday, February 22, 1999. |