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					NO. 09-11                                                                                                  OCTOBER 31, 2009

                                        Regulatory Review
The Miller Isar, Inc. Regulatory Review is a monthly report designed to provide readers with information regarding
regulatory and policy matters that may impact business operations. The Regulatory Review is provided for informational
purposes only and does not constitute legal opinion or legal counsel. Comments and suggestions are always welcome.



              FEDERAL REGULATORY NEWS                            reduce or mitigate the effects of congestion on its network
                                                                 or to address quality-of-service concerns; (ii) address traffic
COMMISSION INITIATES CONTROVERSIAL “NET NEUTRALITY”              that is unwanted by users or harmful; (iii) prevent the
PROCEEDING                                                       transfer of unlawful content; or (iv) prevent the unlawful
                                                                 transfer of content; and (b) other reasonable network
On October 22, 2009, the Commission, by a unanimous 5 to         management practices.” The Commission is considering
0 vote, initiated a proceeding to explore what, if any,          applying the principles to broadband Internet access
regulatory framework may be appropriate for Internet             platforms, including mobile wireless broadband. According
oversight. Although characterized as an investigation to         to Chairman Genachoski, the intent is to review the related
“build upon the existing record at the Commission to             issues from a technical perspective, “based on sound
identify the best means to achieve the goal of preserving        engineering principles and not on politics.” He stress
and promoting the open Internet,” the rulemaking                 further, “our proposals attempt to build on existing policies
proceeding strikes at the underlying and highly contentious      that have contributed to the Internet's openness without
issue of network neutrality v. the ability of Internet Service   imposing conditions that might diminish innovation or
Providers to discriminate among users – high volume users        network investment. We seek to create a balanced
in particular. The Commission’s Notice of Proposed               framework that gives consumers and providers of Internet
Rulemaking (NPRM) proposes codification of four                  access, content, services, and applications the predictability
broadband principles adopted by the Commission in 2005:          and clarity they need going forward while retaining our
that broadband Internet service providers, subject to            ability to respond flexibly to new challenges.” In response
reasonable network management, may not: “1) prevent any          to opponents of the Commission’s rulemaking, Chairman
of its users from sending or receiving the lawful content of     Genachowski responded that “The idea that we must choose
the user's choice over the Internet; 2) prevent any of its       between innovation and investment on the 'edge' of the
users from running the lawful applications or using the          network, where content and applications are developed, or
lawful services of the user's choice; 3) prevent any of its      innovation and investment in the 'core' of the network,
users from connecting to and using on its network the user's     where broadband providers operate, is a false choice.”
choice of lawful devices that do not harm the network; 4) or     “Our rules can and must promote investment and
deprive any of its users of the user's entitlement to            innovation throughout the Internet ecosystem.” The two
competition among network” and the addition of two more          Republican Commissioners were supportive of the
principals: that broadband providers 5) “must treat lawful       investigation, but questioned whether new rules were
content, applications, and services in a nondiscriminatory       necessary. Comments on the Commission’s NPRM are due
manner” and 6) “must disclose such information concerning        January 14, 2010 and reply comments due March 5, 2009.
network management and other practices as is reasonably          (CG Docket No. 09-191; WC Docket No. 07-52)
required for users and content, application, and service         News Release
providers to enjoy the protections specified in this part.”      Genachowski Statement
According to the NPRM, “[r]easonable network                     Copps Statement
management consists of: (a) reasonable practices employed        McDowell Statement
by a provider of broadband Internet access service to: (i)
Clyburn Statement
Baker Statement                                                                 NANC NUMBER PORTING REPORT                 TO   DETAIL ONE BUSINESS
Staff Presentation                                                              DAY NUMBER PORTING

CONGRESSIONAL   REACTION     TO                 COMMISSION         “NET         The North American Numbering Counsel has indicated that
NEUTRALITY” RULEMAKING SWIFT                                                    it intends to release its report detailing how the industry will
                                                                                implement a new one-business-day porting interval
In reaction to the Commission’s Internet Notice of
                                                                                approved by the Commission by October 31. NANC
Proposed Rulemaking, Senator John McCain (R - AZ)
introduced the “Internet Freedom Act of 2009” that would                        Chairwoman Betty Anne Kane, speaking at a Federal
prohibit the Commission from enacting any regulations it                        Communications Bar event, stated that NANC will propose
might subsequently promulgate. McCain argued that any                           that business days be considered as Monday through
new rules would undermine innovation and further                                Friday, except for company holidays of the old service
contribute to harming the economy by endangering growth.                        provider porting a particular customer. Minimum business
According to McCain, the bill would allow for continuing                        hours will be considered 8 a.m to 5 p.m. in the time zone
innovation and preclude “oppressive regulations” as an
                                                                                for the end-user’s number being ported. One day number
additional stimulus for the economy.
                                                                                porting standards adopted by the Commission go into effect
Representative Marsha Blackburn (R - TN) also introduced                        on July 31, 2010 for a majority of providers, and on January
the “Real Stimulus Act” (HR 3924), which would preclude                         31, 2011, for smaller providers.
the Commission from promulgating any Internet or Internet
protocol-enabled service regulations beyond those                               CONFLICTING INTERESTS DEBATE FCC CONSUMER DISCLOSURE
necessary for promoting public safety, assisting or facilitate                  RULE ENHANCEMENTS
federal or state law enforcement efforts, or preventing
damage to national security. The bill is similar to McCain’s                    Parties weighing in on additional proposed Commission
though does not include provisions governing universal                          consumer billing, terms, and conditions disclosure
service fund preservation considerations contained in the                       requirements have taken conflicting, but predictable
McCain bill.                                                                    positions in comments filed with the Commission. In
                                                                                August, the Commission released a Notice of Inquiry
COMMISSION TO CONSIDER ADDITIONAL ILEC USF SUPPORT                              asking what changes, if any, should be made to existing
                                                                                truth-in-billing rules to ensure that consumers have
                                                                                sufficient access to current information regarding
Despite the Commission’s rejection of a Coalition for
                                                                                communications services to make informed decisions. The
Equity in Switching Support petition seeking Commission
                                                                                Notice suggested that additional disclosures were needed in
determination that would allow ILECs and eligible
                                                                                light    of     the   increasing    complexity    of    the
telecommunications carriers (ETCs) to increase their
                                                                                telecommunications market, particularly as carriers begin
universal service local switching support (LSS) in instances
                                                                                providing broadband and video services. Service providers
of line losses, the Commission has initiated a new
                                                                                maintained that the additional requirements are
rulemaking proceeding to consider modifying regulations to
                                                                                unnecessary, and that a voluntary industry approach is
address the effect of line loss on ILECs’ LSS. Regarding
                                                                                desirable. They maintained that consumers already have
the Coalition’s request, the Commission found that neither
                                                                                access to significant amounts of information, noting that
its rules nor the record of Commission proceedings
                                                                                additional regulations will undermine market forces and the
supported a finding that an ILEC ETC should be able to
                                                                                need for voluntary disclosures. Consumer interests argued
increase its LSS if its access lines decrease. Yet the
                                                                                that voluntary industry standards are not working. They
Commission found that public policy considerations
                                                                                stated that consumers do not have sufficient information
support a rule amendment that would allow LSS USF
                                                                                and that much of the information provided by the industry
support increases.       According to the Commission’s
                                                                                is confusing and misleading. The National Association of
proposal, ILEC ETCs serving 50,000 or fewer lines in a
                                                                                State Utility Consumer Advocates (NASUCA) stated that
study area that experience a decrease in access lines under
                                                                                voluntary guidelines are not a substitute for rules as
certain thresholds would be able to alter the weighing factor
                                                                                providers are not now providing meaningful disclosure
with which they apportion their switching costs, thus
                                                                                particularly regarding base service rates and Internet
allowing them to recover more LSS per access line. Of the
                                                                                speeds; a sentiment mirrored in joint comments by the
proposed rule amendment, Commission McDowell stated
                                                                                Consumer Federation of America, Consumers Union, Free
“as a general principle, a Universal Service system should
                                                                                Press, the Media Access Project, the New America
not reward companies for losing customers to competitors.”
                                                                                Foundation, and Public Knowledge. NASUCA maintained
Comments and reply comments are due 14 and 21 days,
                                                                                that the Commission should establish “clear pricing format
respectively, after the notice of proposed rulemaking is
                                                                                rules that are consistent across the industry” that include
published in the Federal Register.
                                                                                “prominent and concrete disclosure of usage limits and
This report is prepared for informational purposes only and does not constitute legal opinion or counsel. While the data herein is believed accurate at the
time of publication, Miller Isar cannot and does not guarantee its accuracy or completeness, nor does it make any warranties, express or implied, regarding
its usage.
                                                   Miller Isar, Inc. Regulatory Review - 2
overage charges for wireless services in billing and                            requested to identify interconnected VoIP-related issues
advertising.” NASUCA also urged that the Commission                             arising in the dispute. UTEX maintained that the entire
adopt rules requiring “clear disclosure of service quality                      $7.5M dispute related to access charges assessed on VoIP
and limitations and service contract terms,” with
                                                                                traffic. The Texas Commission abated the arbitration
“prominent disclosure of actual - not just theoretically
maximum - service speeds for all Internet access services.”                     proceeding pending an FCC decision resolving the
And NASUCA urged the Commission to revisit its 2004                             regulatory classification of VoIP services. UTEX first
order on network outage reporting requirements and make                         challenged the PUC order abating the arbitration in federal
revisions that will permit consumers to see, on a state-by-                     district court. District court dismissed UTEX’s complaint
state basis, which providers are particularly susceptible to                    in 2007, pending a final PUC determination or a PUC order
lengthy service outages. The Association further proposed                       declining jurisdiction. In an effort to resolve the pending
expansion of outage reporting requirements to include
                                                                                issues, in July 2009, UTEX filed its preemption petition
interconnected VoIP and Internet access providers; a
position opposed by the Voice on the Net Coalition. Deaf                        before the Commission, alleging that the Texas
Community interests advocated for the Commission to                             Commission failed to carry out its responsibilities under
ensure that information about telecommunications services,                      Section 252 of the 1996 Communications Act (the “Act”)
broadband Internet access, and subscription video services                      which requires state commission arbitration of open issues
be made equally available to all consumers, including                           arising in an interconnection negotiation between
individuals with disabilities. They noted that if a service                     incumbents and competitive carriers in response to a
provider provides contact information on its website but
                                                                                petition filed by either party to the negotiation. Under
does not make the information available for a screen reader,
the information was not adequately accessible. Further,                         Section 252 of the Act, the Commission must preempt the
Deaf interests maintained that customer service functions                       state commission’s jurisdiction over the arbitration if the
should accommodate those with disabilities. The U.S.                            state commission fails to carry out its arbitration
Telecom Association urged development of voluntary                              responsibility within nine months from the date on which
“industry      self-regulatory     best     practices,”   and                   the incumbent receives an interconnection request. Parties
“comprehensive government-wide consumer education
                                                                                commenting on the preemption request urged the
outreach effort, to ensure that all consumers are well-
informed and aware of the multiple sources of information                       Commission to clarify the issue by resolving long-pending
available to them.”              The National Cable &                           intercarrier compensation and regulatory classification
Telecommunications Association indicated that the cable                         issues regarding the status of VoIP traffic. The Bureau
industry has been especially effective in communicating                         denied UTEX’s preemption request, concluding that the
with current and new subscribers, noting Cable companies,                       Texas PUC “did act to complete its duties in a timely
while are already subject to billing and customer service                       manner, but believed that it was unable to make a final
standards at the federal, state, and local level must do more
                                                                                determination” pending Commission determination of the
in the intensely competitive cable market, without the need
for additional regulation.        The Organization for the                      proper regulatory classification of VoIP traffic and related
Promotion and Advancement of Small Telecommunications                           intercarrier compensation obligations. According to the
Companies opposed additional rules for smaller incumbent                        Bureau, the Texas Commission’s position that it stands
local exchange carriers, while favoring industry-developed                      ready to complete the arbitration proceeding in the event
consumers codes but only as an alternative. Otherwise,                          that the preemption request is denied and the FCC makes
OPASTCO urged “flexible broad (Commission)                                      clear that the lack of regulatory direction from the FCC is
principals.” OPASTCO also urged extension of Truth-In-
                                                                                not an obstacle to the Texas Commission’s resolution of the
Billing rules to interconnected VoIP providers. (GC Docket
Nos. 98-170 and 09-158; WC Docket No. 04-36).                                   arbitration, was cause for withholding preemption. The
                                                                                Bureau emphasized, however, that the Texas Commission
WIRELINE COMPETITION BUREAU WILL NOT PREEMPT TEXAS                              should not wait for the Commission to act, and stated that
PUC OVER VOIP INTERCONNECTION ISSUES                                            should the Texas Commission fail to act within nine months
                                                                                of the Bureau’s order, that parties could refile preemption
On October 9, 2009 the FCC’s Wireline Competition                               petitions. This opens up the potential for inconsistent state
Bureau denied a UTEX Communications Corp. petition                              policies pending final Commission action.
seeking Texas Public Utilities Commission preemption in a
payment dispute between UTEX and AT&T Texas. In                                 STUDY CONCLUDES U.S. IN MIDDLE OF BROADBAND “PACK”
2002, UTEX had asked the Texas Commission to arbitrate
an interconnection dispute with AT&T. The arbitration was                       A study prepared for the Commission by Harvard
extended through 2006, at which time the parties were                           University's Berkman Center for the Internet and Society,

This report is prepared for informational purposes only and does not constitute legal opinion or counsel. While the data herein is believed accurate at the
time of publication, Miller Isar cannot and does not guarantee its accuracy or completeness, nor does it make any warranties, express or implied, regarding
its usage.
                                                   Miller Isar, Inc. Regulatory Review - 3
has concluded that “The United States is a middle-of-the-                       initiated its investigation of Google in late October. In a
pack performer on most first generation broadband                               related matter, an AT&T ex-parte filed with the
measures.” The Study released for comment by the                                Commission indicated that Google engages in blocking a
Commission on October 14, 2009 added that “On fixed                             variety of call types to rural areas, arguing that because
broadband penetration the U.S. is in the third quintile in the                  such calls terminate on the public switched telephone
OECD [Organization for Economic Co-operation and                                network, the Commission has authority to preclude Google
Development]; on mobile broadband penetration, in the                           from engaging in call blockage, regardless of how the
fourth quintile. In capacity the U.S. does better, mostly                       Company’s voice service is classified.
occupying the second quintile by measures of both
advertised and actual speeds. In price, the U.S. does very                      REVISED PATRIOT ACT SURVEILLANCE PROVISION PASSES
well for the lowest prices available for the slowest speeds,                    SENATE JUDICIARY
but is otherwise a third quintile performer in average prices
at medium, high, and very high speeds.” The 232-page                            The Senate Judiciary Committee, by an 11 to 8 vote, has
Study               is               available              at                  approved S 1692, the USA Patriot Act Sunset Extension
http://www.fcc.gov/stage/pdf/Berkman_Center_Broadband                           Act. The legislation would, among other things, revise
_Study_13Oct09.pdf                                                              surveillance-related provisions of the Patriot Act, including
                                                                                some pertaining to telephone records, and would require
HOUSE COMMITTEE REQUESTS ACCESS CHARGE DISPUTE DATA                             Congress to review the amendments in four years under
FROM MAJOR CARRIERS FOLLOWING GOOGLE VOICE                                      sunset provisions. Under the bill, issuance of national
INVESTIGATION REQUEST                                                           security letters (NSLs) and section 215 nondisclosure
                                                                                orders would be subject to additional oversight, and current
Energy and Commerce Committee Chairman Henry A.                                 certification of access to telephone records procedures
Waxman (D-CA), communications, technology, and the                              would be amended to add a requirement for a statement of
Internet subcommittee Chairman Rick Boucher (D - VA),                           facts showing reasonable grounds to believe that the
and oversight and investigations subcommittee Chairman                          information sought is relevant to an authorized
Bart Stupak (D - MI) have requested that the Chief                              investigation. NSLs and section 215 orders are used by the
Executive      Officers     of    AT&T,      Inc.,     Verizon                  Federal Bureau of Investigations and federal authorities to
Communications,         Inc.,    Qwest       Communications                     gain record access records, including access to telephone
International, Inc., and Sprint Nextel Corp. provide                            records. Current procedures have been criticized as
information regarding access charge disputes and abuses,                        subjecting innocent individuals to investigation. The
including “traffic pumping.” The Representatives indicated                      attorney general would be tasked with establishing
that “any investigation of this matter must also examine the                    minimization and destruction procedures for the FBI of any
existing access charge regime and purported abuses of that                      records received by the agency in response to a NSL.
system, including so-called ‘traffic-pumping’ schemes.”
Among the questions posed to the carriers were whether the                      GENACHOWSKI PROMISES SPECIAL ACCESS PUBLIC NOTICE
companies are “currently engaged in any disputes with rural
ILECs [incumbent local exchange carriers] or other rural                        FCC Chairman Julius Genachowski, in an October 6, 2009
carriers over the payment of terminating access charges,”                       letter to Senator Daniel K. Inouye (D - HI), has indicated
and if so, with whom, for how much, and whether they are                        that the Wireline Competition Bureau is expected to release
in involved in litigation or regulatory proceedings related to                  a public notice requesting comment on “the appropriate
the disputes. The companies were also asked whether they                        analytical framework” to evaluate several matters raised in
have withheld access charge payments over “disagreements                        the existing special access proceeding within the next
about the appropriate rate,” and, if so, how much has been                      month. According to Chairman Genachowski, comments
withheld, and from whom. Further, an estimate of the actual                     received in response to the public notice will help identify
per minute cost of terminating traffic, the carriers’ own per-                  the type of data necessary to conduct a full analysis and will
minute terminating access charges, the companies’ total                         allow the FCC to move on the matter in quick fashion. The
annual receipts from terminating access charges, and total                      Commission, he noted, will seek “focused comment” on an
annual payments for terminating access charges were also                        appropriate framework to evaluate the special access
requested. Responses were due October 27. The inquiry                           market. He also indicated that the role of special access
cites to an early October request by twenty rural Committee                     services and “middle-mile” broadband facility deployment
representatives to the Commission urging initiation of an                       will be considered as part of the national broadband plan.
investigation into allegations that Google has been blocking
calls to rural areas. Google had argued that it is a non-                       “MIDDLE-” “SECOND-”              MILE     TRANSPORT        DEPLOYMENT
traditional telecommunications provider and does not                            COMMENTS SOUGHT
warrant common carrier regulation. The incumbents
expressed concern over the ramifications of Google                              The Commission has requested comments regarding what it
operating without regulatory oversight. The Commission                          terms “middle-mile” and “second-mile” transport, as part of

This report is prepared for informational purposes only and does not constitute legal opinion or counsel. While the data herein is believed accurate at the
time of publication, Miller Isar cannot and does not guarantee its accuracy or completeness, nor does it make any warranties, express or implied, regarding
its usage.
                                                   Miller Isar, Inc. Regulatory Review - 4
its expansive efforts to supplement the record in its national                  Commission concluded that it maintained authority to
broadband plan proceeding.           Comments are sought                        conclude that ISP-bound should be afforded different
regarding capacity requirements, pricing, deployment, and                       treatment than other section 251(b)(5) traffic under the
use of different technologies used for middle-mile
                                                                                1996 Telecommunications Act (the “Act”), and held to the
transport” - “the transport and transmission of data
communications from the central office, cable headend, or                       $0.0007 reciprocal compensation rate. The Commission’s
wireless switching point to an Internet point of presence,”                     ruling was in response to the D.C. Court of Appeals writ of
and “second-mile transport” - “the transport and                                mandamus, which directed the Commission to rule on ISP
transmission of data communications from the first point of                     traffic access. The key issue under appeal is whether the
aggregation . . . to the point of connection with the middle-                   Commission maintains statutory authority to establish
mile transport.”       Additionally, the Commission has                         terminating access rates for ISP-bound traffic.           The
requested comment regarding connectivity to “anchor”
                                                                                Commission maintains that section 251(i) of the Act
institutions including public schools and libraries,
community colleges, and hospitals. On October 5, 2009,                          authorizes oversight of ISP-bound traffic. Appellant Core
the Bill and Melinda Gates Foundation, in comments to the                       Communications and supporting state interests, maintain
Commission, stated that 80% of anchor institutions lack                         that the Commission exceeded its statutory authority in
fiber-optic connectivity. Their comments also provided                          establishing attendant terminating access rates. In response
presumptions regarding average loop lengths and the costs                       to the judges’ questions, Core counsel Michael Hazzard
for aerial and trenched deployment. The Commission asks                         argued that the Commission may act under section 252 of
interested parties to comment on the Foundation’s
                                                                                the Act only when states refuse to act noting that such is not
assumptions. Comments are due November 4. (Docket Nos.
09-47, 09-51, and 09-137)                                                       the case in this instance. Core maintains that the Act
                                                                                empowers states to set terminating rates for ISP-bound
COMMISSION ANNOUNCES NEW ECFS 2.0 UPGRADE                                       traffic. FCC Counsel Joseph Palmore argued that had
                                                                                Congress intended that the states establish rates, it would
On October 14, 2009, the Commission officially announced                        have so stated, but did not. The Commission contended that
release of its Electronic Comment Filing System (ECFS)                          it has consistently ruled in Internet-related proceedings
2.0 upgrade. According to the Commission’s release,
                                                                                where end-to-end communications are involved. AT&T and
“With the 2.0 upgrade, ECFS will including many new
features, including full Section 508 compliance; the ability                    Verizon counsel, Scott Angstreich, supported the
for users to file multiple documents to multiple rulemakings                    Commission’s position, arguing that the essential question
in a single submission; advanced search and query of                            is whether Congress waived FCC authority over interstate
rulemakings; ability to extract comments; RSS (Really                           traffic in [section] 201. (“Core Communications, Inc. v.
Simple Syndication) feeds; and the ability to export data                       FCC,” Case no. 08-1365)
results to Excel or PDF formats. ECFS was originally
launched in October 1998 to allow electronic submission
                                                                                NEW YORK DISTRICT COURT CALLS FOR FTC ACTION                           ON
and query of rulemakings before the Commission. The                             RECURRING PREPAID CALLING CARD SUITS
system tracks all open proceedings and contains all formal
rulemaking items and comments from 1992 to the present.
                                                                                District Court for the Eastern District of New York judge
A public demonstration was held on October 23.
FCC Announces the Public Launch of the Electronic                               Jack B. Weinstein, in a preliminary draft memorandum
Comment           Filing      System      Version        2.0.                   regarding a class action suit against a prepaid calling card
News Release: Word | Acrobat                                                    provider, has called for federal action to limit “repeating
                                                                                and ineffective cycle of lawsuits being filed against prepaid
                                                                                calling card companies for deceptive practices.” Judge
                          IN THE COURTS
                                                                                Weinstein noted that the recurring nature of such suits
                                                                                indicates the ineffectiveness of federal laws governing
D.C. APPEALS COURT QUESTIONS COUNSEL                  IN   ISP TRAFFIC
                                                                                prepaid calling card providers. Among the deceptive
APPEAL
                                                                                practices recounted in the October 1 memorandum are the
The three U.S. Court of Appeals for the District of                             charging of subscribers for uncompleted calls, imposing
Columbia judges aggressively probed counsel representing                        account maintenance fees which can account for as much as
the Commission and Core Communications during oral                              20% of card values, and applying excessive billing
argument in the appeal of a Commission’s decision                               increments of as much as three minutes. He further noted
regarding regulation of Internet Service Provider (ISP)-                        that the impact of such deceptive practices is particularly
bound traffic held this month. In November 2008, the                            harmful to “vulnerable” groups, including low-income and

This report is prepared for informational purposes only and does not constitute legal opinion or counsel. While the data herein is believed accurate at the
time of publication, Miller Isar cannot and does not guarantee its accuracy or completeness, nor does it make any warranties, express or implied, regarding
its usage.
                                                   Miller Isar, Inc. Regulatory Review - 5
non-English speaking consumers. “The FTC [Federal                               AB423, a bill that would have directed California’s 911
Trade Commission] has failed to comprehensively address                         Advisory Board to advise the Communications Division of
the problems raised by the instant litigation,” he wrote,                       the Department of General Services on issues related to the
concluding “The superior and sensible way to deal with this                     receipt of calls in a language other than English, noting that
controversy, involving as it does a multibillion-dollar                         the bill would duplicate efforts undertaken by other national
national and international communication industry that                          entities and the associated costs could not be justified
serves large numbers of relatively poor people in every                         accordingly.
state, may well be for the Federal Trade Commission to
issue appropriate regulations.” He maintained that FTC                          CALIFORNIA – High Cost Fund Surcharge Increased
regulation would enable nationwide enforcement of
regulations prohibiting deceptive practices, citing to S. 562,                  The California Public Utilities Commission has passed a
the Prepaid Calling Card Consumer Protection Act of 2009,                       resolution increasing the California High Cost Fund-B
currently under consideration by the U.S. Senate                                (CHCF-B) program to 0.45% from 0.25% of intrastate
                                                                                telecommunications revenues, effective December 1. The
Committee on Commerce, Science, and Transportation.
                                                                                increase is needed to make up for a steadily declining
S.562 would grant the FTC enforcement power and                                 program fund balance that has been impacted by the current
preempt any inconsistency in state laws. The immediate                          economy and reduction of revenues and resultant fund
case before the Court pertains to Dollar Phone, accused of                      contributions, as well as the State’s budgetary woes.
violating consumer fraud acts in 11 states through deceptive                    (Resolution T-17215)
practices. The plaintiff alleges that Dollar failed to disclose
material facts regarding fees and changes associated with                       DISTRICT OF COLUMBIA – Prepaid Calling Card
calling cards and is seeking monetary, damages, a                               Bill Considered
permanent injunction and a declaratory judgment. Dollar
has moved for a summary judgment to dismiss the case.                           The District of Columbia City Council is considering LB
("Orlando S. Ramirez, v. Dollar Phone Corp., d/b/a DPC,                         483, the “Prepaid Calling Card Consumer Protection
Dollar Phone Services, Inc., Dollar Phone Enterprise, Inc,                      Disclosure Act,” a bill that would establish disclosure
and Dollar Phone Access, Inc.," docket No. 09-cv-2290)                          requirements for prepaid calling card providers. The bill is
                                                                                intended to preclude companies from engaging in deceptive
                   STATE REGULATORY NEWS                                        marketing and notice practices. Prepaid calling card or
                                                                                service providers would be required to disclose on cards,
CALIFORNIA – Telecommunications Laws Enacted                                    packaging, or related materials (1) the number of minutes of
                                                                                domestic calls, (2) the number of minutes for calls to
California Governor, Arnold Schwarzenegger (R), has                             international locations, (3) any minimum charge per call,
enacted two telecommunications-related bills. The first,                        (4) geographic limitations to the advertised price, (5) all
AB 1553, now extends the Public Utilities Commission’s                          applicable fees or surcharges, (6) the name of the company,
authority to continue collecting a surcharge not to exceed                      (7) a toll-free customer service number, and (8) an
0.5% of a subscriber's intrastate telephone service to fund                     applicable expiration date. Violators would be fined a
the state Emergency Telephone Number Account program                            maximum of $1,000 per violation. LB 483 has been
to January 1, 2014. The Commission’s authority previously                       referred to the Committee on Public Services and Consumer
extended through January 1, 2010. A second bill, AB 912,                        Affairs.
allocates 0.5% of the charges for intrastate telephone
services and voice-over-Internet-protocol (VoIP) service to                     CONNECTICUT – AT&T Directed to Reduce Transit
be spent for the cost of administering, operating, and                          Rates
maintaining California’s “911” emergency system. The
new law provides that a maximum of one-quarter of 0.25%                         AT&T Connecticut has been directed to reduce its intrastate
of the surcharge imposed on telephone service and VoIP be                       transit rates by Connecticut’s Department of Public Utility
                                                                                Control. In October, the Department voted to adopt a
allocated for a one-time payment to primary public safety
                                                                                September 15, 2009 draft decision that directs the
answering points for recruitment and training of additional                     incumbent to reduce its transit traffic rate in the state to
personnel necessary to accept wireless enhanced 911                             total-service long-run incremental cost plus a 35% mark-up,
(E911) calls. The new law will sunset on December 31,                           until a Department review of AT&T cost studies is
2011. Governor Schwarzenegger vetoed a third bill,                              completed. In December 2008, Pocket Communications
This report is prepared for informational purposes only and does not constitute legal opinion or counsel. While the data herein is believed accurate at the
time of publication, Miller Isar cannot and does not guarantee its accuracy or completeness, nor does it make any warranties, express or implied, regarding
its usage.
                                                   Miller Isar, Inc. Regulatory Review - 6
petitioned the Department to align AT&T's rates in                              protect consumers. VoIP provider Charter Fiberlink
Connecticut with the transit traffic rates of other AT&T                        Georgia LLC disputed AT&T’s factual assertions, noting
territories, particularly those in Texas. The current                           that the Company’s voluntary compliance has no negative
Connecticut transit traffic service rate in is $0.009 per
                                                                                impact on consumers. Charter urged caution regarding
minute of use, compared to AT&T Texas’ rate of $0.00096.
Noting the limited number of alternative transit providers in                   allowing incumbent carriers to change rates without the
the State, the Department maintained that there is not an                       need for approval, noting AT&T affiliate requests for
effectively competitive market, justifying the directive.                       elimination of certain federal reporting requirements, if
(Docket 08-12-04)                                                               adopted, would give the incumbent little regulatory
                                                                                oversight. The Competitive Carriers of the South asked the
FLORIDA – Proposed Rule Would Eliminate Operator                                Commission to reject several provisions that members
Service Price Caps                                                              maintain could impact AT&T’s wholesale obligations and
                                                                                give its retail organization a competitive advantage.
The Florida Public Service Commission has initiated a                           (Docket 29890)
rulemaking to consider proposed amendments to Rules 25-
24.630(1) and 2524.516(1) of the Florida Administrative
                                                                                MASSACHUSETTS – Verizon’s Request to Terminate
Code pertaining to telephone rate caps and rate and billing                     Cable Subscriber Reporting Rejected
requirements, that would result in the elimination of rate
caps. Earlier this year, the Commission had delayed                             The Department of Telecommunications and Cable has
consideration of an amendment that would have raised                            denied a 2008 Verizon New England, Inc. request to
operator service rate caps to allow staff more time to                          eliminate a state requirement to report the total number of
consider alternative proposals that would justify the need                      cable subscribers annually to the Department. Verizon
for raising caps. Where the original staff proposal                             cited to state law, G.L. c. 166A, in arguing that the law does
                                                                                not give the Department authority to require subscriber
considered cap increases in “0+ toll non-person-to-person,”
                                                                                count information from cable providers. Verizon then asked
“0+ toll person-to-person”, “0+ non-person-to-person                            the Department to temporarily withhold from public
local”, and “0+ person-to-person local” calls, the new                          disclosure the number of FiOS TV subscribers listed in
proposal would eliminate caps on these calls altogether.                        already filed reports pending resolution of the case. The
Comments on the proposed amendment are due November                             Department disagreed, finding that it has statutory authority
13, 2009. (Docket No. 060476-TL)                                                to require cable reporting under its broad general oversight
                                                                                authority over the cable industry, which the Department
                                                                                held includes protection of consumer interests. The
GEORGIA – Industry Split on AT&T Retail LEC Rule                                Department found that Verizon failed to provide any
Proposal                                                                        persuasive arguments or evidence to support its requested
                                                                                relief. Several local governments had opposed the petition,
Comments filed in a Georgia Public Service Commission                           arguing that the Department clearly held statutory authority
proceeding to consider wireline service provider                                to require the reports, and that AT&T had overstated the
exemptions from several Commission retail rules, reveal                         competitive harm of the annual reporting obligations.
deeply divided views. On June 3, 2009, AT&T filed a                             (Docket 08-12)
proposal urging the Commission to exempt local exchange
carriers that electing alternative regulation, competitive                      MISSISSIPPI – Commission to Consider Customer
                                                                                Service Standards
local exchange carriers, interexchange service providers,
from 26 retail rules, which AT&T maintains are no longer
                                                                                Responding      to    consumer       complaints    regarding
necessary in a competitive requirement and needed to “level                     telecommunications service providers, and AT&T, Inc. in
the playing field.” Among the rules are those requiring                         particular, the Commission has indicated its interest in
annual and monthly reports, maintenance of inventory and                        developing customer service standards for the industry.
other records, accounting requirements, reasons for denial                      Under a proposal submitted by Commissioner Brandon
of service, complaints and appeals, quality of service, and                     Presley, telephone service providers would be subject to
service interruptions.    The exemptions, supported by                          benchmarks including mean time to repair and new service
                                                                                installations. Companies failing to meet the service
Verizon are intended to remove differences between
                                                                                benchmarks would be subject to penalties. Commissioner
regulated providers and interconnected VoIP providers.                          Presley noted that similar service standards have worked for
Opponents, including The Cable Television Association of                        rural incumbents, and should now be applied to the
Georgia, maintain that several rules are still necessary to                     dominant incumbent.

This report is prepared for informational purposes only and does not constitute legal opinion or counsel. While the data herein is believed accurate at the
time of publication, Miller Isar cannot and does not guarantee its accuracy or completeness, nor does it make any warranties, express or implied, regarding
its usage.
                                                   Miller Isar, Inc. Regulatory Review - 7
MISSOURI – Commission to Investigate Unauthorized                               NORTH CAROLINA – Commission Report Reflects
Pay Agents                                                                      Landline Declines

The Missouri Public Service Commission has initiated a                          The North Carolina Utility Commission’s biennial
rulemaking proceeding to consider whether payday lenders                        legislative report on the State’s telecommunications
may serve as pay stations for utility bills, whether utilities                  industry released this month reflects a decline of 6.9 percent
                                                                                of wireline access lines in 2008. The Commission
must establish customer service centers within their
                                                                                concludes that the availability of alternatives, including
operating regions, and whether utilities should be prohibited                   rapid expansion of Time Warner Cable’s digital voice
from charging customers additional user fees. The                               services, have contributed to the decline. According to the
rulemaking was prompted by a request from the Office of                         report, 25 percent of the State’s 4,238,474 are served by
the Public Counsel (OPC), over concerns that consumers                          competitors, an increase of 11.5%. Nine providers served
are being harmed by pay agent practices. OPC has called                         more than 10,000 commercial lines and four served more
for regulation that would explicitly limit pay day lender                       than 10,000 residential lines. Competitors hold 31 percent
                                                                                of the commercial market, and 21.5 percent of the
collection of utility bills, while requiring establishment of
                                                                                residential market. The Commission notes that more
customer service centers and prohibiting additional user                        providers are exiting the State market, attributing the exit to
fees for paper invoices. (See September 30, 2009                                financial pressures and reductions in incumbent wholesale
Regulatory Review). The Commission expressed interest in                        obligations. Incumbents have lost an estimated 35% of local
determining if the issues raised by OPC warrant                                 access lines since their March 2000 peak. (Docket No. P-
Commission action and sought additional information on                          100, Sub 133)
the extent that pay agents are used. Commission staff and
the Missouri Telecommunications Industry Association                                      COMPLIANCE REPORTING NOVEMBER 2009
have oppose OPC’s proposed rulemaking, arguing that
there is no evidence to support OPC’s contentions. Staff                        The following report listing has been compiled from past
                                                                                reporting requirements and is provided exclusively for
was directed to provide a recommendation of proceeding                          informational purposes. Reporting requirements are subject
with the rulemaking by November 30, 2009. (Docket AX-                           to change and should be verified by filers.
2010-0061)
                                                                                Special note, The Federal Trade Commission's "Red Flag
MISSOURI – AT&T Seeks CLEC ICAs                                                 Rules" to prevent, detect and mitigate identity theft became
                                                                                effective on January 1, 2008 with a compliance deadline of
                                                                                November 1, 2008 (later extended to November 1, 2009 –
AT&T, Inc. has petitioned the Missouri Public Service
                                                                                See http://www.ftc.gov/opa/2009/07/redflag.shtm). The
Commission to require 13 competitive local exchange                             rules are applicable to telecommunications carriers that
carriers to enter into interconnection agreements with the                      extend credit to residential customers and apply to any
incumbent. AT&T’s petition is based on the Commission’s                         accounts for which there is a reasonably foreseeable risk to
Post-M2A Arbitration Order issued in 2005 and new state                         customers or to the safety or soundness of the creditor from
law governing access charges on interconnected VoIP                             identity theft, including financial, operational, compliance,
providers. According to the Petition, although several                          reputation or litigation risks.
CLECs have executed amendments to existing
                                                                                Creditors are required to periodically determine whether
interconnection agreements to reflect regulatory and legal                      they offer “covered accounts,” (“A covered account is (1)
developments, Big River Telephone Company LLC;                                  an account primarily for personal, family, or household
Davidson Telecom LLC; KMC Data; KMC Telecom III                                 purposes, that involves or is designed to permit multiple
LLC; Level 3 Communications LLC; Matrix Telecom, Inc.;                          payments or transactions, or (2) any other account for
MCImetro        Access      Transmission      Services  LLC;                    which there is a reasonably foreseeable risk to customers or
McLeodUSA Telecommunications Services, Inc.; Nexus                              the safety and soundness of the financial institution or
                                                                                creditor from identity theft. Each financial institution and
Communications, Inc.; PAC-West Telecomm, Inc.; Qwest                            creditor must periodically determine whether it offers or
Communications Corp.; TruComm Corporation; and tw                               maintains a ‘‘covered account.” (16 C.F.R.§ 681.2.(b)(3)).
telecom of kansas city llc. Have failed to do so. AT&T has                      Creditors that maintain covered accounts are then required
asked the Commission to require that the CLECs execute an                       to develop and implement a written Identity Theft
amended interconnection agreement or show cause why                             Prevention Program. The program must be approved by the
their failure to do so is justified. (Docket TC-2010-0107)                      carrier's board of directors or an appropriate committee of
                                                                                the board, involve the board or a designated senior manager
                                                                                in the oversight, development, implementation and
This report is prepared for informational purposes only and does not constitute legal opinion or counsel. While the data herein is believed accurate at the
time of publication, Miller Isar cannot and does not guarantee its accuracy or completeness, nor does it make any warranties, express or implied, regarding
its usage.
                                                   Miller Isar, Inc. Regulatory Review - 8
administration of the program and train staff to effectively                    Due Date    Jurisdiction          Report Name
implement the program. For more information, click here                         November 15 Kentucky              Commonwealth of Kentucky
<http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt050.sht                                                       Telecommunications Relay Service
m> and see the related Frequently Asked Questions.                                                                Fund Telecommunications Devices
                                                                                                                  for the Deaf Distribution Fund
                                                                                November 15 Kentucky              Commonwealth of Kentucky
                                                                                                                  Universal Service Fund
FEDERAL REPORTS DUE IN NOVEMBER
                                                                                November 15 Maine                 Maine Telecommunications
                                                                                                                  Education Access Fund
     FCC Form 499Q de minimis determination notice due
     November 1 and ad hoc as may apply.                                        November 15 Maine                 Maine Universal Service Fund
                                                                                November 15 Missouri              Quarterly Quality of Service Report
     FCC Form 499-Q Telecommunications Reporting Worksheet                      November 15 Nebraska              Nebraska USF & E911 Remittance
     (Quarterly) due November 1, now including VoIP providers.                                                    Worksheet
                                                                                November 15 North                 North Carolina Access Line Report -
                                                                                            Carolina              Rule 17-2(K)
REPORTS DUE IN NOVEMBER                                                         November 15 North                 Public Utility Regulatory Fee Report
                                                                                            Carolina
Due Date                 Report Name
                Jurisdiction                                                    November 15 North        Questions for Competing Carriers
                                                                                            Carolina     Report
November         Alaska  Access Minutes Report
                                                                                November 15 Oklahoma     State of Oklahoma Universal Service
November         Alaska  Carrier and Area Specific Bulk
                                                                                                         Fund Carrier Remittance Worksheet
                         Billed Report
                                                                                November 15 Pennsylvania Pennsylvania Universal Service
November    Missouri     Relay Missouri Statement
                                                                                                         Fund, FY2004 Carrier Remittance
November    Rhode Island Telecommunication Education                                                     Monthly Worksheet
                         Access Fund
                                                                                November 15 Puerto Rico Puerto Rico Universal Service Fund
November    Rhode Island Telecommunications Relay Service                                                July 2004 - December 2004 Carrier
                         Report                                                                          Remittance Worksheet
November 1 Alabama       Inspection and Supervision Fees                        November 15 Rhode Island E911
                         Report to the Alabama Public
                                                                                November 15 South        The Public Service Commission of
                         Service Commission
                                                                                            Carolina     South Carolina SC Dual Party Relay
November 1 Idaho         ID Universal Service Fund Form                                                  System Invoice
November 1 Illinois      Staff Data Request - Intrastate Retail                 November 15 Texas        CTP (Certified Telecommunications
                         Telecommunications Billed Revenue                                               Provider) Quarterly Reporting
November 9 California    Combined California PUC                                                         pursuant to HB 1777
                         Telephone Surcharge Transmittal                        November 15 Utah         Hearing and/or Speech Impaired
November 9 Oregon        Oregon Universal Service                                                        Relay Report
                         Contribution Worksheet                                 November 15 Vermont      Vermont Universal Service Fund
November 10 Alaska       Alaska Telecommunications Relay                                                 Carrier Remittance Worksheet
                         Services Fund - Remittance of                          November 15 Virginia     Telecommunications Relay Service
                         Surcharges Collected                                                            Monthly Report
November 10 Arkansas     State of Arkansas Universal Service                    November 20 Alaska       State of Alaska Universal Service
                         Fund                                                                            Fund Monthly Carrier Remittance
November 10 California   Employee Compensation, Dues, and                                                Worksheet
                         Subscriptions                                          November 20 Arizona      Arizona Universal Service Fund
November 10 Georgia      Local Service Indicators Data                                                   Carrier Remittance Worksheet
                         Requests                                               November 20 Colorado     CO Telecommunications Relay
November 10 New York     Service Quality Performance                                                     Service Surcharge
November 15 Alabama      Revised Survey of Competitive                          November 20 Idaho        Idaho Telecommunications Service
                         Local Exchange Carriers                                                         Assistance Plan (ITSAP)
November 15 Florida      Florida Telecommunications Relay,                      November 20 New          Telecommunications Relay Service
                         Inc. (FTRI) Monthly Surcharge                                      Hampshire    Remittance
                         Collection Report                                      November 20 Pennsylvania Remittance Form for Monthly
November 15 Georgia      Georgia Telecommunications Relay                                                Telecommunications Relay Service
                         Service (TRS) Monthly Surcharge                                                 (TRS) Surcharge Collections
                         Collection Report                                      November 20 Utah         Utah Universal Service Fund
November 15 Kansas       Kansas Universal Service Fund                                                   Surcharge Remittal Statement
                         2004/2005 Wireless and Wireline                        November 20 Washington Telecommunications Relay Service,
                         Carrier Remittance Worksheet                                                    Washington Telecommunications
                                                                                                         Assistance Program, and E911
                                                                                November 21 New York     TAF Adjustment Input Form
This report is prepared for informational purposes only and does not constitute legal opinion or counsel. While the data herein is believed accurate at the
time of publication, Miller Isar cannot and does not guarantee its accuracy or completeness, nor does it make any warranties, express or implied, regarding
its usage.
                                                   Miller Isar, Inc. Regulatory Review - 9
Due Date    Jurisdiction         Report Name                                    Ad hoc            New York      (Targeted Accessibility Fund)
November 21 New York             Targeted Accessibility Fund                                                    Annual Forecast Report Form
                                 Monthly Online Reporting Form                  Ad hoc            New York      Emergency Plan
November 21 Oregon               Residential Services Protection Fund           Ad hoc            Oregon        Oregon Universal Service
                                 Surcharge Remittance Form                                                      Identification Worksheet
November 22 Arkansas             Arkansas Intrastate Carrier Common             Ad hoc            Pennsylvania Supplier Company Contacts
                                 Line Pool Report                               Ad hoc            South         Authorized Utility Representative
November 25 Minnesota            Minnesota Annual 911/TAM/TAP                                     Carolina      Information
                                 Fees Report Form                               Ad hoc            Texas         Outage Report
November 25 Texas                Texas Universal Service Fund                   Ad hoc            Wyoming       Update Form
                                 Worksheet                                      Ad Hoc            Wyoming       WY USF Assessment True Up Form
November 30 Mississippi          Mississippi Dual Party Fund                    Ad hoc            Federal       Notification of Affiliation with a
                                 Statement of Revenues                                                          Foreign Carrier
November 30 Nebraska             State of Nebraska Dual Party Relay             Certification     Tennessee     Small and Minority Owned
                                 Surcharge Form                                 Anniversary                     Telecommunications Business
November 30 Oregon               Oregon Telephone Assistance                                                    Participation Plan
                                 Program Reimbursement Form                     fiscal year       Alaska        Annual Operations Report
November 30 Tennessee            Wireline Activity Tennesse-CCN                 fiscal year       Alaska        Annual Operations Report Form
                                 Authority                                      fiscal year       Louisiana     Annual Financial Reports
November 30 Vermont              Monthly Disconnect Report                      fiscal year       Puerto Rico Annual Gross Income Statement of
November 30 Vermont              Vermont Service Quality                                                        Telecommunications Companies
                                 Performance Index Report                       Non-              North         Telecommunications Relay Service
November 30 Virginia             Service Quality Report                         Commission        Carolina      Fund Report
November 30 Wyoming              Telecommunication Companies                    Non-              Washington Washington Telecommunications
                                 Revenue & Assessment Report                    Commission                      Relay Service and Telephone
                                 (Wyoming Universal Service Fund)                                               Assistance Program
                                                                                Notification      Arkansas      Annual Affidavit of Switchless
                                                                                                                Reseller to the Carrier Common
AD HOC REPORTS                                                                                                  Line Pool
                                                                                Notification      Nebraska      Nebraska Universal Service Fund
Ad hoc           California       Service Quality Pursuant to G.O.                                              Contact and Revenue Information
                                  133(B)                                        Notification      Tennessee     Lifeline/Linkup Survey
Ad hoc           Federal          499Q de minimis determination                 Notification      West Virginia WV Gross Receipts Revenue Report
                                  notice                                        Post              Federal       Designation of Agent for Service of
Ad hoc           Federal          Communications Assistance for Law             Certification                   Process
                                  Enforcement Act (CALEA), System               Post              Oregon        Oregon Universal Service
                                  Security and Integrity compliance             Certification                   Identification Worksheet
                                  Policies and Procedure Manual                 Regional          Idaho         911 Surcharge Report
Ad hoc           Federal          Designation of Agent for Service of
                                  Process
                                                                                UPCOMING FEDERAL FILING DEADLINES
Ad hoc           Federal          FCC CORES Registration, CORES
                                  Update/Change Form, CORES
                                  Certification Form
Ad hoc           Federal          International Settlements                     October 27, 2009 Auction 86 (Broadband Radio
                                  Modification Request                                           Service or “BRS”) begins.
Ad hoc           Federal          Network Outage Reporting                      October 28, 2009 Reply comments due on Consumer
Ad hoc           Federal          Notification of Change of Name                                 Information and Disclosure NOI.
Ad hoc           Federal          Operating Agreements and Contracts            October 28, 2009 Comments due on cost estimates for
Ad hoc           Florida          Service Quality Report                                         connecting anchor institutions to
Ad hoc           Idaho            ID TRS Fund Form                                               fiber (NBP Public Notice #12).
Ad hoc           Louisiana        Affidavit of Compliance Louisiana             October 28, 2009 Comments due on USF policy
                                  Underground Facility/Utility                                   guidance requested by USAC.
                                  Damage Prevention Law                         November 2, 2009 Comments due on opportunities for
Ad hoc           Louisiana        Technical/Market Trial Report                                  disadvantaged businesses (NBP
Ad hoc           Nebraska         Change of Address/Contact                                      Public Notice #9).
                                  Information form                              November 4, 2009 Comments due on middle- and
Ad hoc           New              Contact Information Sheet                                      second-mile access on broadband
                 Hampshire


This report is prepared for informational purposes only and does not constitute legal opinion or counsel. While the data herein is believed accurate at the
time of publication, Miller Isar cannot and does not guarantee its accuracy or completeness, nor does it make any warranties, express or implied, regarding
its usage.
                                                  Miller Isar, Inc. Regulatory Review - 10
                  (NBP Public Notice #11).                                      And as we have seen in the national health care debate, the
November 5, 2009 Reply comments due on Wireless                                 volume of the arguments rise, rather than their merits, and
                  Innovation and Investment NOI.                                what is left is who has the loudest voice for the longest
November 6, 2009 Comments due on contribution of
                                                                                period of time. Government intervention often appears of
                  federal, state, tribal, and local
                  governments to broadband (NBP                                 dubious value, unless there is something that the
                  Public Notice #7).                                            government can do that “free markets” cannot. Whether the
November 9, 2009 Comments due on barriers to                                    stimulus packages are an example of this is questionable.
                  broadband on tribal lands (NPB                                Nevertheless, do we have a free market of competitive
                  Public Notice #5).                                            Internet interests? Seems we always have the same choir of
November 11, 2009 Reply comments due on Medical                                 dominant carriers arguing that regulation harms investment,
                  Body Area Network (“MBAN”)
                                                                                getting what they want, and then cleaning up their smaller
                  NPRM.
November 12, 2009 Additional comments due on public                             competitors. If you disagree, please give me examples. So
                  safety, homeland security, and                                while it is unclear whether Commission oversight of the
                  cybersecurity elements of national                            Internet – however one wants to characterize it – is
                  broadband plan (NBP Public Notice                             appropriate, I do have to give Chariman Genachowski
                  #8).                                                          credit for breaking with the Powell and Martin
November 12, 2009 Reply comments due on USF policy                              Administrations in having the guts to stand up to the
                  guidance requested by USAC.
                                                                                dominant carrier interests and their PAC money, and taking
November 13, 2009 Reply comments due on spectrum for
                  broadband (NBP Public Notice #6).                             a good look at whether there may be more here behind the
November 16, 2009 Comments due on broadband study                               screaming.
                  conducted by Berkman Center for
                  Internet and Society (NBP Public                                         MILLER ISAR, INC. TARIFF FILING OVERVIEW
                  Notice #13).
November 16, 2009 Comments due on broadband                                     Miller Isar, Inc. has updated it state tariff filing overview
                  clearinghouse (NBP Public Notice                              and contact listing for each state and the District of
                  #10).                                                         Columbia. The overview contains information regarding
                                                                                local exchange, interexchange, and access tariff
                    MILLER ISAR, INC. NEWS                                      requirements, regulatory citations, and identifies notice
                                                                                requirements to the Commission and subscribers for rate
Miller Isar, Inc. has completed a comprehensive federal and                     increases. Access benchmarks or other rate limitations are
three-state overview of wireline telecommunications                             also identified. To obtain a copy, please contact Andrew
compliance obligations for a new nationwide carrier. The                        Isar at 253.851.6700 or aisar@millerisar.com .
firm has also been engaged to complete a national tariff
update, and development of a service guide for use in states
that have adopted mandatory detariffing.

                             RAMBLINGS

FCC Chairman Genachowski’s announcement that the FCC
will take up a review of net-neutrality appears to be a dual
edged sword, unless you are one of the dominant carriers
who outright opposes any government intervention (read
here as the ability to control and profit from Internet
access). On the one hand, the FCC’s noble pronouncement
of its intent to avoid – or limit – regulation is commendable,
unless you are of the camp that believes that any
government pronouncement of limited intervention can be
believed. On the other, there is merit in a provider having
control over its own network. Yet our tortured experience
with dominant incumbent carriers since the federal 1996
Telecommunications, if not before, also suggests that their
claims are far from noble – e.g. “show me the money.”
This report is prepared for informational purposes only and does not constitute legal opinion or counsel. While the data herein is believed accurate at the
time of publication, Miller Isar cannot and does not guarantee its accuracy or completeness, nor does it make any warranties, express or implied, regarding
its usage.
                                                  Miller Isar, Inc. Regulatory Review - 11

				
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