BILL: House Bill 1135

SUBJECT: Expands jurisdiction of Public Service Commission to include telephone numbering issues and greater authority to impose rules on telecommunications companies.

DESCRIPTION: Under this proposal the Public Service Commission will have increased jurisdiction to handle numbering issues, such as new area codes and N11 codes, in North Dakota. The N11 dialing codes are those three digit numbers that the Federal Communications Commission has specifically set aside for certain entities. For example, 211 has been reserved for mental health, 311 for non-emergency calls to authorities, 511 for transportation and 911 for emergency calls. The legislation also removes the restraints that the Commission currently operates under when promulgating rules for telecommunications companies. Under the existing law, the agency cannot impose obligations that are "different or greater" than those imposed under the Federal Telecommunications Act.

IMPACT ON INDEPENDENT TELEPHONE COMPANIES: Members of the Association are extremely concerned about removing any limit on the ability of the Public Service Commission to impose rules greater than Federal law in their attempt to implement competition in North Dakota. Specifically, the Association believes that any rules should specifically be tailored to their intended purpose and other goals and objectives should not be incorporated in Public Service Commission orders. The Association believes that existing North Dakota law allows for effective implementation of the Federal Act.

The Association does believe that the Public Service Commission could play an effective role in resolving the question of which entities should be entitled to assignment of N11 dialing codes and supports that portion of House Bill 1135.

ASSOCIATION RECOMMENDATION: Oppose in part; Support in part.

January, 2003