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					            DRAFT RESOLUTIONS
                      PROPOSED FOR CONSIDERATION AT THE


                   2011 ANNUAL MEETING
                                              OF THE

       NATIONAL ASSOCIATION OF
   REGULATORY UTILITY COMMISSIONERS
                         (AS SUBMITTED OCTOBER 31, 2011)

        The summary statements describing each resolution are not comprehensive.
If you have an interest in the subject matter outlined, you should read the resolution to get a
                            sense of what policy is being proposed.



          Also note – these resolutions are only DRAFTS.
They can be substantially modified before or during the course of the
        sponsoring committee’s consideration of that draft.


           Honorary resolutions have not been included in this document
 Although NARUC policy does not require the pre-meeting circulation of Honorary Resolutions, you
still should forward copies of those to me at your earliest convenience – so far for this meeting, I have
                                           not received any.


         (Questions? Contact Brad Ramsay at 202.898.2207 or jramsay@naruc.org)
                                      TABLE OF CONTENTS
                                                                                               PAGE

I.    ELECTRICITY [1]

EL-1 TOPIC: NUCLEAR WASTE                                                                         5
     TITLE: Resolution Urging the Immediate Resumption of the Yucca
     Mountain Repository License Review and the Abolishment of the
     Nuclear Waste Fund
     [T. Echols via W. Gardner, 10/31/11 4:52pm EDT]

      The resolution urges Congress to require the NRC to carry out its review of the
      Yucca Mountain permit application, replace the statutory 70,000-ton limit on Yucca
      repository with one based on technical capacity, abolish the Nuclear Waste Fund
      and use the balance to construct a geologic repository. The resolution also supports
      that all used nuclear fuel produced under the current system shall be permitted
      emplacement at the geologic repository at no additional costs to the utility or
      ratepayers; that the current nuclear waste fee paid by ratepayers to the US Treasury
      for nuclear waste disposition be repealed; and that Congress should place the
      responsibility for future used fuel management with waste producers and require
      that all waste disposal activities are complete in accordance with plan
      decommissioning timeframes, require that nuclear waste producers maintain an
      escrow account of sufficient funds to emplace any used fuel stored on-site in dry
      cask storage into a final geologic repository, and limit the federal government’s role
      to providing oversight, basic research and development, and taking title of
      decommissioned geologic repository sites.


II.   GAS [2]

GS-1 TOPIC: NATURAL GAS DEVELOPMENT                                                               7
     TITLE: Resolution on Ensuring Sustainable Natural Gas Development
     [M. Baker, UPDATED 11/1/11 9:03am EDT]

      The resolution commends the American Gas Association and the Shale Gas
      Subcommittee of the Secretary of Energy Advisory Board for their efforts and
      support for improving the environmental performance of shale gas production in a
      cost-effective and responsible manner.

GS-2 TOPIC: NATIONAL PETROLEUM COUNCIL                                                            9
     TITLE: Resolution Supporting the National Petroleum Council’s 2011
     North American Resource Development Study – “Prudent Development:
     Realizing the Potential of North America’s Abundant Natural Gas and
     Oil Resources Report”
     [T. Simon, UPDATED 11/1/11 at 10:10am EDT]

      The resolution supports the National Petroleum Council’s 2011 North American
      Resource Development Study - “Prudent Development: Realizing the Potential of
      North America’s Abundant Natural Gas and Oil Resources Report.”


                                                    2
III.   INTERNATIONAL RELATIONS [1]

IR-1   TOPIC: MEMBERSHIP                                                                       10
       TITLE: Resolution Affirming “International Affiliate” Program
       [J. Ramsay, UPDATED 11/1/11 at 10:42 EDT]

       The resolution affirms the International Committee’s proposed “International
       Affiliate” program.


IV.    SUBCOMMITTEE ON EDUCATION & RESEARCH [1]

       SER-1 TOPIC: WORKFORCE DEVELOPMENT                                                      12
       TITLE: Resolution Supporting the Troops to Energy Jobs Initiative
       [L. Lee, 10/20/11 at 10:11am EDT]

       The resolution supports the mission and efforts of the Troops to Energy Jobs
       Initiative.


V.     TELECOMMUNICATIONS [3]

TC-1 TOPIC: VOICE-OVER INTERNET PROTOCOL                                                       13
     TITLE: Resolution on Mandatory Reporting of Service Outages by
     Interconnected Voice-Over Internet Protocol Service Providers and
     Broadband Internet Service Providers
     [B. Kane, 10/31/11 at 5:03pm EDT]

       The resolution urges the FCC to extend the mandatory service outage reporting
       requirements in 47 C.F.R. Part 4 to interconnected VoIP and broadband service
       providers.

TC-2 TOPIC: MERGERS                                                                            15
     TITLE: Resolution on Accountability for FCC Imposed Merger Public Interest
     Commitments to Deploy Broadband Infrastructure and Adoption Programs
     [B. Kane, 10/31/11 at 5:03pm EDT]

       The resolution requests the FCC to undertake a public inquiry into the extent that
       wireline and wireless carriers and cable television companies have complied with
       the public interest broadband deployment and adoptions obligations imposed on
       previous merger applicants; that the FCC require any and all applicants that make
       merger application public interest commitments to submit on a semi-annual basis
       implementation progress reports to the FCC and State commissions; that the FCC
       enforce prior and future merger application public interest obligations; and that the
       FCC prohibit the use of or reliance on federal financial support from the Connect
       America Fund of the Mobility Fund by any wireless or wireline carrier or cable
       television company or any other applicants.




                                                    3
TC-3 TOPIC: CRAMMING                                                                18
     TITLE: Resolution Urging the FCC to Protect All Voice Service Consumers
     from Cramming Billing Practices
     [G. Why, 10/31/11 at 4:24pm EDT]

      The resolution urges the FCC to implement mandatory cramming rules to all
      voice service providers that assess telephone bills on consumers, including
      traditional wireline service providers, interconnected voice-over internet
      protocol service providers, and wireless service providers.




                                              4
Resolution Urging the Immediate Resumption of the Yucca Mountain Repository License Review
                       and the Abolishment of the Nuclear Waste Fund
                    [T. Echols via W. Gardner, 10/31/11 at 4:52pm EDT]

WHEREAS, Nuclear energy is the largest provider of emissions-free, low-carbon electricity,
almost 8 times larger than all renewable power production combined, excluding hydroelectric
power; and

WHEREAS, Nuclear power plants virtually eliminate emission of greenhouse gases and criteria
pollutants associated with acid rain, smog, or ozone; and

WHEREAS, Nuclear energy supplies constant, baseload electricity, independent of environmental
conditions and is a reliable, efficient, and affordable source of energy; and

WHEREAS, Nuclear operators should have the greatest interest in a successful fuel disposition
program and will develop a sustainable strategy if given the opportunity; and

WHEREAS, Permanent geological storage capacity is a finite resource, which would carry a very
high value if subjected to the market, and commoditizing this resource will allow its value to fall or
rise as its availability increases or decreases, and this will empower nuclear operators to consider
the actual costs of geologic storage and integrate other technologies such as reprocessing, into their
overall waste management strategies in an economically rational way; and

WHEREAS, Private sector control of used fuel management promotes competition throughout the
fuel cycle, and an inflexible government approach can limit how much fuel is processed, and limits
competition for nuclear reactor technologies; and

WHEREAS, The taxpayer will not be liable for waste disposal cost because each waste produced
will be required to maintain an escrow account with adequate funds to pay for the geologic disposal
of any waste stored in casks on site; and

WHEREAS, The federal government’s (tax payer’s) current liability for not meeting its waste
disposal obligations are over $15 billion and growing at $2 billion annually; and

WHEREAS, Ratepayers in States using nuclear-generated electricity have paid over $35 billion in
fees and interest to the Nuclear Waste Fund in the U.S. Treasury in what was to have been a self-
financed waste disposal program, and only approximately $10 billion has been spent leaving a
balance of approximately $25 billion; and

WHEREAS, Utility companies pass the costs of the Nuclear Waste Fund fees onto ratepayers at the
current level of approximately $750 million per year; and

WHEREAS, The Department of Energy failed to meet the mandate of the Nuclear Waste Policy
Act of 1982, as amended, to begin accepting spent nuclear fuel for disposal in 1998, so that spent
nuclear fuel remains in onsite storage at commercial reactor sites around the country; and




                                                  5
WHEREAS, The Nuclear Waste Policy Act of 1982, as amended, selected the Yucca Mountain site
to be the sole geologic repository in which to store high-level radioactive waste and spent nuclear
fuel; and

WHEREAS, Congress reaffirmed Yucca Mountain as the sole candidate site for a geologic
repository in 2002; and

WHEREAS, The failure of the federal government to accept high-level radioactive waste and spent
nuclear fuel from utilities is a significant barrier to the future development of additional nuclear
power; and

WHEREAS, The Yucca mountain repository’s capacity is statutorily limited to 70,000 tons but can
safely hold 120,000 tons; now, therefore be it

RESOLVED, That the National Association of Regulatory Utility Commissioners, convened at its
2011 Annual Meeting in St. Louis, Missouri, urges Congress to require the Nuclear Regulatory
Commission to carry out its review of the Department of Energy’s Yucca Mountain permit
application, replace the statutory 70,000-ton limit on Yucca repository with one based on technical
capacity, abolish the Nuclear Waste Fund and use the balance to construct a geologic repository;
and be it further

RESOLVED, That all used nuclear fuel produced under the current system shall be permitted
emplacement at the geologic repository at no additional costs to the utility or rate payers; and be it
further

RESOLVED, That the current nuclear waste fee paid by ratepayers to the U.S. Treasury for nuclear
waste disposition be repealed; and be it further

RESOLVED, That the NARUC urges Congress to place the responsibility for future used fuel
management with waste producers and require that all waste disposal activities are complete in
accordance with plant decommissioning timeframes, require that nuclear waste producers maintain
an escrow account of sufficient funds to emplace any used fuel stored on site in dry cask storage
into a final geologic repository, and limit the federal government’s role to providing oversight, basic
research and development, and taking title of decommissioned geologic repository sites.

_____________________________________
Sponsored by the Subcommittee on Nuclear Issues-Waste Disposal and the
Committee on Electricity
Recommended by the NARUC Board of Directors November xx, 2011
Adopted by the NARUC Committee of the Whole November xx, 2011




                                                  6
                  Resolution on Ensuring Sustainable Natural Gas Development
                        [M. Baker, UPDATED 11/1/11 at 9:03am EDT]

WHEREAS, Over the past several years American consumers have benefited from substantially
lower and more stable natural gas prices due to the development of technologies that allow energy
producers to access significant supplies of domestic natural gas from shale formations and other
unconventional reservoirs; and

WHEREAS, Continuing development of this new natural gas supply will further benefit
consumers, provide new jobs, and lead to lower net emissions of carbon dioxide, nitrogen oxide and
sulfur dioxide. It will encourage the direct use of natural gas for cooking, heating and water heating
applications and also encourage the use of natural gas in place of other fossil fuels for generating
electricity, powering industry and fueling fleet vehicles; and

WHEREAS, Recently, the completion practices required to produce natural gas, specifically from
shale formations, have attracted considerable attention in both the media and public policy circles;
and

WHEREAS, NARUC has long supported sustainable resource development and balanced efforts to
ensure reliable U.S. energy resources developed in an environmentally responsible manner; and

WHEREAS, There have been significant environmental concerns raised with regards to natural gas
development, and efforts are being taken by public and private groups to reduce adverse
environmental impacts; such efforts need to be on going and strengthened; and

WHEREAS, In May, 2011, the Board of Directors of the American Gas Association adopted a
Position Statement on Responsible Natural Gas Resource Development. In this Position Statement,
AGA and its members, which deliver two thirds of the natural gas consumed in the nation, adopted
nine principles that stated, in part, that AGA and its members “believe it is critical to engage all
stakeholders in the process of meeting economic, environmental, and regulatory goals, to share
information transparently, and – based on lessons learned – to continually refine and improve safety
and environmental practices”; that “natural gas producers must be committed to operational
standards that ensure safe, environmentally sound, responsible, economically sensible and
sustainable development of natural gas resources in the United States” and that “State and local
governments have the obligation to implement regulatory constructs that protect the environment
and consumer interest. To accomplish these ends they should have adequate manpower and funding
resources. State agencies should likewise have sufficient resources to evaluate and responsibly
facilitate timely access to public lands and permits when required;” and

WHEREAS, on August 11, 2011, the Shale Gas Subcommittee of the Secretary of Energy Advisory
Board issued its Ninety-Day Report, which presented recommendations that if implemented
nationwide will reduce the environmental impacts from shale gas production. These detailed
recommendations support a process of continuous improvement in shale gas production, support the
implementation of best practices, support increased measurement and disclosure and improved
public information about shale gas operations, support improved communication among state and
federal regulators, and call for continuing annual support to STRONGER (the State Review of Oil
and Natural Gas Environmental Regulation) and the Ground Water Protection Council for
expansion of the Risk Based Data Management System and similar projects that can be extended to

                                                  7
all phases of shale gas development. These recommendations cover improvements in air quality,
protection of water quality, disclosure of fracking fluid composition, reduction in the use of diesel
fuel, and managing short-term and cumulative impacts on communities, land use, wildlife and
ecologies. In organizing for best practices, the Secretary’s subcommittee also calls for the creation
of a shale gas industry production organization dedicated to continuous improvement of best
practice; now, therefore be it

RESOLVED, That the National Association of Regulatory Utility Commissioners, convened at its
2011 Annual Meeting in St. Louis, Missouri, upon recommendation of the Committee on Gas,
commends the American Gas Association and the Shale Gas Subcommittee of the Secretary of
Energy Advisory Board for their efforts and support for improving the environmental performance
of shale gas production in a cost effective and responsible manner.

_____________________________________
Sponsored by the Committee on Gas
Recommended by the NARUC Board of Directors November xx, 2011
Adopted by the NARUC Committee of the Whole November xx, 2011




                                                 8
   Resolution Supporting the National Petroleum Council’s 2011 North American Resource
Development (NARD) Study - “Prudent Development: Realizing the Potential of North America’s
                         Abundant Natural Gas and Oil Resources”
                      [T. Simon UPDATED 11/1/11 at 10:10am EDT]

WHEREAS, The National Petroleum Council (NPC) is a federal chartered organization founded in
1946 by President Harry Truman whose sole purpose is to provide advice of the oil and gas industry
to the federal government that originally being the Secretary of the Department of the Interior; and

WHEREAS, Today, the NPC is Chartered by the Energy Secretary under the Federal Advisory
Committee Act of 1972[ft.nt], and the views represented are considerably broader than those of the
oil and gas industry; and

WHEREAS, Through the studies conducted by the NPC, the Secretary and the Department of
Energy can be better informed to implement the Administration’s energy policy goals; and

WHEREAS, The NPC consist of approximately 200 Council members appointed by the Energy
Secretary to assure well balanced representation from all segments of oil and natural gas industry
and all sections of the country and from large and small companies; and

WHEREAS, Other appointed Council members include representatives of the States, Native
American Nations, academic, financial research, public interest organizations, and institutions
focused on delivering policy advice and council to the Energy Secretary; and

WHEREAS, Certain NARUC Members, the Chairman of the Gas Committee, and an at-large
member are assigned by the President of NARUC, and subsequently appointed by the Energy
Secretary to the Coordinating Subcommittee to represent the interest of State utility regulators; and

WHEREAS, The Committee’s report provides a comprehensive reassessment of the character and
potential of North American natural gas and oil resources and the contribution that natural gas can
make in a transition to a lower carbon energy mix while achieving objectives of environmental
protection, economic growth, and energy security; and

WHEREAS, NARUC as an active participant in the NPC, continues through its appointed Council
members to inform the ratepayers, investors, and the general public on the consumer benefits as
well as challenges of United States energy policy; now, therefore be it

RESOLVED, That the National Association of Regulatory Utility Commissioners, convened at its
2011 Annual Meeting in St. Louis, Missouri, supports the National Petroleum Council’s 2011 North
American Resource Development Study - “Prudent Development: Realizing the Potential of North
America’s Abundant Natural Gas and Oil Resources Report.”
_____________________________________
Sponsored by the Committee on Gas
Recommended by the NARUC Board of Directors November xx, 2011
Adopted by the NARUC Committee of the Whole November xx, 2011




                                                 9
                     Resolution Affirming “International Affiliate” Program
                              [J. Ramsay 10/31/11 at 5:42pm EDT]

WHEREAS, As evidenced by its roles in the International Confederation of Energy Regulators
(ICER) and World Forum on Energy Regulation (WFER), NARUC is recognized in the
international community as a leader; and

WHEREAS, International Associate Membership in NARUC is currently open to public utility
regulatory agencies from around the world that have an interest in close and active participation
with NARUC members and its committees; and

WHEREAS, International Associate members currently pay dues established by the NARUC
Board of Directors and are: (1) invited to join the Committee or Staff Subcommittee on
International Relations and/or other standing committees with observer (non-voting) status; (2)
eligible to attend NARUC meetings at the reduced registration fee; (3) receive information on
upcoming NARUC activities, and those hosted by other organizations that are endorsed or
supported by NARUC, through email notifications and subscription to the NARUC Bulletin (e-
newsletter); (4) listed in the NARUC Membership Directory; (5) invited to view the NARUC
website for technical reports and other topical materials prepared by the Domestic and International
Departments; and (6) all Associate Members may also be invited to submit short articles about
recent regulatory developments for inclusion in the NARUC Bulletin (e-newsletter) to be
recognized by NARUC and educate its membership; and

WHEREAS, NARUC currently has approximately 21 international associate members, of which 11
are from North America; and

WHEREAS, There is an opportunity to enhance NARUC’s leadership by significantly expanding
NARUC’s international membership base by recognizing as associate NARUC members, a
subcategory of international regulators, unlikely to attend NARUC functions, to be designated as
“International Affiliate members” subject to reduced annual assessment fees; and

WHEREAS, The creation of this new category will demonstrate that NARUC is committed to
building long-term sustainable relationships, even if they are maintained through electronic means,
as well as insuring potential funders and partners recognize the breadth of the global network that
NARUC has created through its international work; now, therefore be it

RESOLVED, That the National Association of Regulatory Utility Commissioners, convened at its
2011 Annual Meeting in St. Louis, Missouri, will offer “International Affiliate” membership on a
complimentary (zero fee) basis to all international regulators interested in affiliating with NARUC,
but who are unlikely to ever attend NARUC meetings; and be it further

RESOLVED, That these members will: (1) receive information on upcoming NARUC activities,
and those hosted by other organizations that are endorsed or supported by NARUC, through email
notifications and subscription to the NARUC Bulletin (e-newsletter); (2) will be listed in the
NARUC Membership Directory as International Affiliates; (3) will be invited to view the NARUC
website for technical reports and other topical materials prepared by the Domestic and International
Departments; and (4) will be entitled to a one time registration fee waiver for those representatives
that first jointly attend any NARUC meeting.

                                                 10
_____________________________________
Sponsored by the Committee on International Relations
Recommended by the NARUC Board of Directors November xx, 2011
Adopted by the NARUC Committee of the Whole November xx, 2011




                                          11
                    Resolution Supporting the Troops to Energy Jobs Initiative
                               [L. Lee, 10/20/11 at 10:11am EDT]

WHEREAS, The Troops to Energy Jobs Initiative is an effort by the energy industry to develop an
accelerated process for bringing returning military veterans into the energy industry workforce
nationwide; and

WHEREAS, The Initiative is managed by the Center for Energy Workforce Development
(CEWD), a non-profit consortium of electric, natural gas, and nuclear utilities; their associations
and the unions who serve their industries; and

WHEREAS, A 2009 study by CEWD projected that nearly 40 percent of the nation’s energy
workforce will either be eligible for retirement or departing their jobs because of attrition during the
next five years causing the electricity and natural gas companies and the nuclear power industry to
face a potential worker shortage; and

WHEREAS, Jobs that are expected to be affected include engineers, technicians, line workers,
plant operators and pipefitters; and

WHEREAS, Many veterans though their extensive military training and experience already possess
the skills, knowledge and discipline required for energy careers; and

WHEREAS, The Troops to Energy Jobs Initiative seeks to increase the number of avenues though
which veterans with applicable job skills can transition into energy jobs, and for which interested
veterans can begin the process of training and certification in order to qualify for those jobs; and

WHEREAS, The Initiative focuses on the need for educators, employers and veterans to work
together to get veterans trained, certified and ready to enter the energy workforce after departing the
military; and

WHEREAS, The Troops to Energy Jobs Initiative has established a pilot program of five energy
companies: Dominion, American Electric Power, Pinnacle West Capital Corporation/Arizona
Public Service, Pacific Gas and Electric Company and Southern Company and seeks to eventually
expand the program to the entire energy industry; now, therefore be it

RESOLVED, That the National Association of Regulatory Utility Commissioners, convened at its
Annual Meeting in St. Louis, Missouri, supports the mission and efforts of the Troops to Energy
Jobs Initiative; and be it further

RESOLVED, That State commissions along with the U.S. Departments of Defense, Labor, Veteran
Affairs, and Energy and their local agencies, as well as community colleges and labor unions work
together in support of this partnership between the U.S. military and the energy industry.

_____________________________________________
Sponsored by the Subcommittee on Education and Research
Recommended by the NARUC Board of Directors November xx, 2011
Adopted by the NARUC Committee of the Whole November xx, 2011

                                                  12
 Resolution on Mandatory Reporting of Service Outages by Interconnected Voice-Over Internet
             Protocol Service Providers and Broadband Internet Service Providers
                              [B. Kane 10/31/11 at 5:03pm EDT]

WHEREAS, On May 13, 2011, the Federal Communications Commission (“FCC”) released a
Notice of Proposed Rulemaking (FCC 11-74; “NPRM”) that proposed to extend the service outage
reporting requirements in 47 C.F.R. Part 4 to interconnected Voice over Internet Protocol (“VoIP”)
service providers and broadband Internet service providers (“ISPs”); and

WHEREAS, The FCC reports that as of December 31, 2010, 31 percent of residential telephone
service subscribers received service from interconnected VoIP service providers, an increase of 27
percent from June 30, 2009, reflecting an ongoing trend for increased interconnected VoIP
subscribership; and

WHEREAS, As the FCC points out, “interconnected VoIP services increasingly are viewed by
consumers as a substitute for traditional telephone service” and “[i]nterconnected VoIP services ride
over broadband networks;” and

WHEREAS, The FCC reports a significant growth in subscribership for broadband Internet access
service providers, reflecting an “increasing reliance on [those] services [by American consumers] to
conduct important daily communications;” and

WHEREAS, Robust, reliable and resilient communications networks, regardless of the platform
technology, are necessary for local, State and federal agencies and the public to respond to man-
made emergencies or natural disasters; and

WHEREAS, On September 22, 2011, the FCC released a Notice of Proposed Rulemaking (FCC
11-134) seeking “to accelerate the development and deployment of Next Generation (NG 911)
technology,” including use of communications over broadband networks; and

WHEREAS, The FCC has concluded that service outages by interconnected VoIP service
providers and broadband backbone ISPs “could severely impact the ability of users to reach 9-1-1
during an emergency;” and

WHEREAS, Only providers of legacy circuit-switched voice and/or paging communications
services over wireline, wireless, cable, and satellite communications services must currently report
communications service outages to the FCC, which maintains an outage reporting database (the
Network Outage Reporting System or “NORS”); and

WHEREAS, The FCC grants only the U.S. Department of Homeland Security (“DHS”) direct
access to its outage reporting database, and the DHS currently acts as an intermediary to share that
information with state and local authorities, thereby, creating potential time delays and
miscommunications of outage information to State, county and local emergency management
entities; and

WHEREAS, The National Broadband Plan recommended that the FCC extend the Part 4 outage
reporting rules to broadband ISPs and interconnected VoIP service providers as “the lack of data
limits our understanding of network operations and of how to prevent future outages;” and

                                                 13
WHEREAS, There are multiple recent examples of interconnected VoIP service providers and
broadband ISPs experiencing local, regional and national service outages due to technical problems
and natural disasters that have disrupted communications several hours or, in the cases of natural
disasters, for days; and

WHEREAS, When communications service outages occur consumers usually contact State
commissions first for assistance to submit service complaints; and

WHEREAS, When communications service outages occur many State, county and local
emergency management entities contact State commissions for critical network status information,
including networks operated and services provided by VoIP service providers and broadband
backbone ISPs; and

WHEREAS, Both the FCC and the States have many years experience working with
communications service providers to improve communications infrastructure and service resiliency
and emergency readiness, and State and local entities often serve as the first line of defense for
public safety and emergency situations; now, therefore be it

RESOLVED, That the National Association of Regulatory Utility Commissioners, convened at its
2011 Annual Meeting in St. Louis, Missouri, requests the Federal Communications Commission to:

      Extend the mandatory service outage reporting requirements in 47 C.F.R. Part 4 to
       interconnected VoIP service providers and broadband ISPs; and

      Require interconnected VoIP service providers and broadband ISPs to report service outage
       information as is comparably required by other communications service providers, and on a
       detail level and timeliness that will provide immediate network status information in support
       of State, county and local emergency response efforts; and

      Expand the criteria that defines a significant service outage to specifically include service
       problems affecting public access to 9-1-1, emergency service communications, utilities and
       other telecommunications service providers; and

      Provide State commissions with direct and immediate access to the FCC’s outage reporting
       data base and to all outage reports filed by interconnected VoIP service providers and
       broadband ISPs.

_____________________________________
Sponsored by the Committee on Telecommunications
Recommended by the NARUC Board of Directors November xx, 2011
Adopted by the NARUC Committee of the Whole November xx, 2011




                                                14
 Resolution on Accountability for FCC Imposed Merger Public Interest Commitments to Deploy
                     Broadband Infrastructure and Adoption Programs
                              [B. Kane 10/31/11 at 5:03pm EDT]

WHEREAS, The National Association of Regulatory Utilities Commissioners (NARUC) has
previously expressed its commitment through several resolutions in past years to advancing the
deployment of broadband Internet access infrastructure and to promoting the adoption and usage of
broadband services in communities across the United States; and

WHEREAS, Sections 214(a) and 310(d) of the Communications Act of 1934, as amended,
and sections 34 through 39 of the Cable Landing License Act require the Federal Communications
Commission (FCC) to determine whether a proposed transfer of control and of licenses held and
controlled by a carrier regulated by the FCC will serve the public interest, convenience, and
necessity; and

WHEREAS, The FCC can, and has, imposed merger obligations in support of this finding of public
interest, including the applicants’ express reliance on private investment to deploy broadband
infrastructure or to implement broadband adoption and usage programs without reliance on federal
Universal Service Fund (USF) financial support; and

WHEREAS, On November 17, 2005, the FCC approved (in Docket No. 05-65) the acquisition by
SBC Communications of AT&T based, in part, on the voluntary public interest commitment to
deploy ADSL technology to all premises in its region within 12 months of the Merger Closing Date;
and

WHEREAS, On March 26, 2007, the FCC approved (in Docket No. 06-74) the acquisition by
AT&T (f/k/a SBC Communications) of BellSouth based, in part, on the voluntary public interest
commitment to accelerate broadband infrastructure deployment (i.e. Internet access service at
speeds in excess of 200 kbps in at least one direction) to 100 percent of the residences in its region
by December 31, 2007; and

WHEREAS, On January 8, 2008, the FCC approved (in Docket No. 07-22) the acquisition by
FairPoint Communications of Verizon Communications' assets in the States of Maine, New
Hampshire, and Vermont based, in part, on the voluntary public interest commitment to deploy
broadband infrastructure to at least 92 percent of the residences in its region; and

WHEREAS, On November 10, 2008, the FCC approved (in Docket No. 08-95) the acquisition by
Verizon Wireless of ALLTEL based, in part, on the voluntary public interest commitment to deploy
"cutting-edge, high speed wireless broadband technology and services in these areas (rural areas
currently served within ALLTEL's geographic footprint) on a faster timetable than is currently
planned by ALLTEL;" and

WHEREAS, On June 25, 2009, the FCC approved (in Docket No. 08-238) the acquisition by
CenturyTel of Embarq based, in part, on the voluntary public interest commitment to "offer retail
broadband Internet access to 100 percent of the merged company's retail single-line residential and
single-line business access lines within three years of the transaction closing date;" and



                                                 15
WHEREAS, On May 21, 2010, the FCC approved (in Docket No. 09-95) the acquisition by
Frontier Communications of Verizon Communications' assets in 14 States in the West, Midwest and
South based, in part, on the voluntary public interest commitment "to offer broadband service at
actual speeds of at least 3 Mbps downstream to at least 85 percent of housing units in the
transaction market area by the end of 2013, and actual speeds of at least 4 Mbps downstream to at
least 85 percent of housing units in the transaction market area by the end of 2015;" and

WHEREAS, The FCC conditioned the previously referenced approval of the acquisition by
Frontier Communications of Verizon Communications' assets on Frontier's commitment to "provide
the Commission, upon request, with periodic reports on its broadband adoption initiatives;" and

WHEREAS, On January 20, 2011, the FCC approved (in Docket No. 10-56) the acquisition by
Comcast of NBC Universal from General Electric based, in part, on the voluntary public interest
commitment to "expand broadband deployment to unserved areas, including rural communities, and
to facilitate increased broadband adoption by low income households. Specifically, Comcast will
expand its existing broadband networks to reach approximately 400,000 additional homes. Comcast
also will provide Internet access service in additional rural communities and provide courtesy video
and HIS service to 600 new locations (such as schools and libraries) in unserved, low-income areas.
To further encourage broadband adoption, Comcast will make available to low-income households
HIS access service for less than $10 per month, and personal computers, netbooks, or other
computer equipment at a purchase price below $150;" and

WHEREAS, On March 18, 2011, the FCC approved (in Docket No. 10-110) the acquisition by
CenturyLink (f/k/a CenturyTel) of Qwest Communications International based, in part, on the
voluntary public interest commitment to "expand broadband deployment to unserved areas,
including rural communities, and to facilitate increased broadband adoption by low-income
households. With respect to deployment, within seven years of the transaction closing date,
CenturyLink will make available broadband service at an actual download speed of at least 4 Mbps
to at least 4 million Qwest customers that do not currently have access to such service from Qwest.
In addition, at least 75 percent of those 4 million customers will also have access to an upload speed
of at least 1 Mbps. By the end of the seven-year build-out period, broadband service speeds of at
least 12 Mbps or higher downstream will be made available to more than twice as many Qwest
customers as have access to such speeds today;" and

WHEREAS, On April 21, 2011, AT&T and Deutsche Telecom filed applications (in Docket No.
11-65) with the FCC to approve AT&T's acquisition of T-Mobile USA from Deutsche Telecom
based, in part, on the voluntary public interest commitment to increase its LTE 4-G high speed
wireless broadband service deployment from 80 percent to more than 97 percent of the U.S.
population without a corresponding commitment that its infrastructure deployment plans are not
dependent on financial support from the USF’s Connect America Fund or Mobility Fund; and

WHEREAS, It is apparent that some carriers have made voluntary public interest commitments to
deploy broadband infrastructure on the basis that USF financial support would enable them to
satisfy the FCC approved merger obligation; and

WHEREAS, The FCC could establish monitoring and reporting requirements in merger approval
Orders that would publicly and transparently demonstrate compliance with the applicants'


                                                 16
broadband infrastructure deployment and broadband adoption program public interest
commitments; now, therefore be it

RESOLVED, That the National Association of Regulatory Utility Commissioners, convened at its
2011 Annual Meeting in St. Louis, Missouri, requests the Federal Communications Commission to
undertake a public inquiry into the extent that wireline and wireless carriers and cable television
companies have complied with the public interest broadband deployment and adoption obligations
imposed on previous merger applicants; and be it further

RESOLVED, That the FCC further require any and all applicants that make merger application
public interest commitments or have public interest obligations imposed on them by the FCC, as
part of the public interest finding required by federal law, to submit on a semi-annual basis
implementation progress reports to the FCC and the respective State commissions that are publicly
accessible upon filing; and be it further

RESOLVED, That the FCC enforce prior and future merger application public interest obligations
by wireless and wireline carriers and cable television companies and all other applicants seeking
FCC approval for a merger if an applicant has agreed to or is required to deploy broadband
infrastructure and to implement broadband adoption and usage programs; and be it further

RESOLVED, That the FCC prohibit the use of or reliance on federal financial support from the
Connect America Fund or the Mobility Fund by any wireless or wireline carrier or cable television
company or any and all other applicants that obtain FCC approval of a merger for expenses related
to meeting the applicants’ public interest obligations in the FCC order approving the merger to
deploy broadband infrastructure and/or to implement broadband adoption and usage programs.

______________________________________________
Sponsored by the Committee on Telecommunications
Recommended by the NARUC Board of Directors November xx, 2011
Adopted by the NARUC Committee of the Whole November xx, 2011




                                                17
    Resolution Urging the Federal Communications Commission to Protect All Voice Service
                         Consumers from Cramming Billing Practices
                             [G. Why 10/31/11 at 4:24pm EDT]

WHEREAS, On July 12, 2011, the Federal Communications Commission (FCC) released a Notice
of Proposed Rulemaking (FCC 11-106; NPRM) proposing to implement more stringent rules
specifically “designed to assist consumers in detecting and preventing the placement of
unauthorized charges on their telephone bills, an unlawful and fraudulent practice commonly
referred to as ‘cramming;’” and

WHEREAS, The FCC indicates that it previously chose to adopt “‘broad, binding principles’ to
promote truth-in-billing, rather than mandating more detailed rules to govern the details or format of
carrier billing practices” and permitted industry to adopt a voluntary code of best practices designed
to prevent the placement of unauthorized charges on consumer bills; and

WHEREAS, The FCC deems cramming to be an unjust and unreasonable practice in violation of
Section 201(b) of the Communications Act of 1934, as amended (Act); and

WHEREAS, The NPRM recognizes and data suggest that, despite the FCC’s previous actions and
other state and federal actions, “cramming is a significant and ongoing problem that has affected
consumers for over a decade, and has drawn the concern of Congress, states, and other federal
agencies” and “reports of cramming likely understate the magnitude of the problem because
consumers face significant challenges in detecting and preventing unauthorized charges on their
telephone bills;” and

WHEREAS, Data indicate that many carriers have a financial disincentive to closely monitor
customer bills because: (1) voice service providers often earn revenues by placing third-party
charges on their customers’ bills; and (2) unauthorized charges often go undetected and
unchallenged by consumers; and

WHEREAS, Over twenty (20) State Attorneys General, certain State public utility commissions,
the National Association of State Utility Consumer Advocates (NASUCA), and the Federal Trade
Commission (FTC) responded to the NPRM urging the FCC to ban all third-party charges on
customer telephone bills in some measure; and

WHEREAS, Many State public utility commissions and consumer advocates, including the
California Public Utilities Commission, the Indiana Regulatory Utility Commission, the Iowa
Utilities Board, the Michigan Public Service Commission, the Nebraska Public Service
Commission, the Rhode Island Division of Public Utilities and Carriers, Tennessee Regulatory
Authority Chairman Kenneth C. Hill, staff from the Virginia State Corporation Commission, and
through the New England Conference of Public Utilities Commissioners, the Connecticut
Department of Energy and Environmental Protection Public Utilities Regulatory Authority, the
Maine Public Utilities Commission, the Massachusetts Department of Telecommunications and
Cable, the New Hampshire Public Utilities Commission, the Vermont Department of Public
Service, and the Vermont Public Service Board, as well as certain State Attorneys General,
NASUCA, the FTC, and others, offer alternative recommendations short of a complete federal ban
on third-party charges; and


                                                 18
WHEREAS, The National Association of Regulatory Utility Commissioners (NARUC) filed a
letter with the Senate Committee on Commerce, Science, and Transportation (Committee) on July
12, 2011, commending the Committee’s “investigation into and hearing on cramming issues,”
noting that the issue “continues to affect consumers despite unprecedented technological
advancements in the telecommunications space marketplace and focused federal and State
enforcement activity,” and indicating that it “stands willing to work with Congress, the FCC, FTC
and other stakeholders to address this and other consumer concerns;” and

WHEREAS, NARUC adopted a Resolution in 2002, entitled Telecommunications Consumer Bill of
Rights, which, among other things, affirmed that “consumers should have a right to receive clear
and complete information about rates, terms and conditions for available products and services, and
to be charged only according to the rates, terms and conditions agreed to” and called for consumers
to have “fair, prompt and courteous redress for problems they encounter;” now, therefore be it

RESOLVED, That the National Association of Regulatory Utility Commissioners, convened at its
2011 Annual Meeting in St. Louis, Missouri, urges the FCC to implement mandatory cramming
rules to all voice service providers that assess telephone bills on consumers, including traditional
wireline service providers, interconnected voice-over internet protocol (VoIP) service providers,
and wireless service providers; and be it further

RESOLVED, That if the FCC does not implement a ban on third-party charges, then it should
mandate that all voice service providers offer a blocking option of third-party provider charges to
their customers free-of-charge; and be it further

RESOLVED, That the FCC should mandate that all voice service providers disclose third-party
blocking options to their customers on, at least, an annual basis; and be it further

RESOLVED, That all disclosure mandates by the FCC to address cramming billing practices be
clear and conspicuous; and be it further

RESOLVED, That the FCC should clearly specify that federal cramming rules will not preempt
more stringent or other State cramming standards, nor will they preempt States’ consumer
protection rules or other regulatory authority; and be it further

RESOLVED, That the FCC should require voice service providers to report billing complaint
trends and spikes involving specific third-party vendors to appropriate federal and State entities,
including the FCC, FTC, and State public utility commissions, consumer advocates, and Attorneys
General; and be it further

RESOLVED, While NARUC agrees that the FCC has sufficient legal authority to impose
cramming prevention rules on traditional wireline service providers, interconnected VoIP service
providers, and wireless service providers, NARUC urges the FCC to explore whether and how its
numbering authority may further support cramming prevention rules through advice from the North
American Numbering Council; and be it further

RESOLVED, That NARUC strongly endorse a federal-State collaborative approach to address
cramming prevention; and be it further


                                                19
RESOLVED, That NARUC directs its General Counsel to communicate this resolution to all
relevant policymakers, including federal and State agencies and Congress, and to file whatever
comments or petitions may be necessary and proper to advance the goals of this resolution.

______________________________________________
Sponsored by the Committee on Telecommunications
Recommended by the NARUC Board of Directors November xx, 2011
Adopted by the NARUC Committee of the Whole November xx, 2011




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