HB 1253 A bill requiring cable operators offering internet service to open their networks to competitors for transport. The legislation requires those cable television providers to open their networks for resellers. The bill also makes those companies, including cable operators, who transport information to and from the Internet subject to the interconnection requirements found in Section 251 of the Federal Telecommunications Act of 1996.

HB 1357 A bill to extend the State’s provision of service to the cities of North Dakota. It expands the Information Technology Department’s list of customers for wide area network services to include all of the State’s communities.  Rep. Pam Gulleson, a sponsor of the legislation, testified this bill was to ensure that all cities in the State receive access to the network. Currently, the State intends to make its services available to 194 of the State’s 361 incorporated cities by the end of the year.

HB 1446 A bill that would require each telcom company providing intrastate long distance to a presubscribed customer to provide at least one day notice before there is any price increase or if there is a change in the terms and conditions of service.

HB 1473 A bill which requires internet service providers to display an on-screen warning if a toll charge will apply to the connection between the subscriber and internet service provider. Mr. Lynn Nelson from SRT testified on behalf of the Association and independent telephone industry and told legislators of the technical hurdles and great expense of complying with the bill.

HB 1479 Legislation that was introduced through the delayed bills committee that determines the proper jurisdiction for wireless carriers to remit taxes. The bill provides that wireless customers and services will be taxed based on the customer’s residential street address or primary business street address. It will be immaterial where the service originated, terminated or where that traffic may have passed through. HB 1479 also provides for the Public Service Commission, or some other entity, to establish an electronic data base that designates each street address in North Dakota and assigns the appropriate taxing jurisdictions.

HCR 3012 A resolution that asks Congress to reject any attempts to extend the Internet Tax Freedom Act. In 1998, President Clinton signed the measure that bans the imposition of any State and local tax on Internet access or electronic commerce transactions. Although there have been several bills introduced in Congress to make the moratorium on tax collections permanent, the resolution states that it will have a detrimental affect and pose grave financial risks for State and local governments as more transactions are completed over the Internet.

SB 2022 The Information Technology Department’s appropriation bill. The Department is requesting a budget of $107,021,019, but anticipates income of just over $71 million. The general fund appropriation is $35,835,932.

SB 2043 A bill revising the obligations of the Information Technology Department which clarifies their obligation to approve projects by entities under control of the State board of higher education, slightly alters the membership and renames the Statewide wide area network advisory committee, allows the Department to finance the purchase of equipment and streamlines the agency’s business reports.

SB 2067 A bill to extend the E 911 tax currently paid by wireline customers to subscribers of wireless devices. Former Governor Ed Schafer vetoed a similar bill at the conclusion of the last legislative session, but during the interim appointed a Task Force to hammer out language to extend the tax to wireless customers. The Task Force used the existing statute for the basis of extending the E 911 surcharge to wireless, but there are distinct sections in the bill for wireless and wireline, including segregated funds for compensating the providers. In the Association’s judgment a better option would be a single, unified fund with the Public Service Answering Points (PSAP’s) and counties as the focal point, but compromise on the issue was difficult to achieve. Association Position Papers

	Jan. 9   Introduced in Senate.
	Jan. 31 Finance and Taxation Committee Recommended "Do Pass" 5-1.
	Feb. 1  Senate Passed 44-5.
	Feb. 5  Introduced in House.  Referred to Finance and Taxation Committee.

 

SB 2227 A bill to amend the existing North Dakota One Call statute by clarifying the liability of excavators who damage facilities. It has been described by proponents as restoring the liability language that existed prior to the adoption of the one call statute. The new language more closely resembles “strict liability” for those who fail to follow the law and, subsequently, damage facilities. Association Position Papers

	Jan. 16  Introduced in Senate.
	Feb. 1   Political Subdivisions Committee Recommended "Do Pass" 8-0.
	Feb. 2   Senate Passed 49-0.
	Feb. 6   Introduced in House.  Referred to Political Subdivisions Committee.

 

SB 2410 A bill to abolish the telephone cooperative exemption and to subject all telephone companies with more than 2,500 local exchange subscribers to Public Service Commission jurisdiction. It would give the PSC the authority to originate, establish, modify, adjust, promulgate and enforce tariffs, rates, joint rates and charge of all telecommunications companies with more than 2,500 subscribers. The legislation also extends the same PSC oversight and requirements to rural electric cooperatives. NDATC Testimony

	Jan. 29  Introduced in Senate.
	Feb. 20 Industry, Business and Labor Committee Recommended "Do Not Pass", as amended, 4-3.
	Feb. 21 Senate Defeated 31-17.

 

SB 2423 A bill that modifies the call-before-you-dig law in North Dakota and would allow a operator with underground facilities to not mark an area if they notify an excavator that their facilities are mapped on a geographical information system and that the excavation will not disturb their facilities. The facilities owner must also provide the excavator with the name and address of the entity with the geographical information system. The Association is somewhat concerned with the wording of this bill because the One-Call statute has no provision for direct contact between the facilities-owner and the excavator. All communications, absent emergencies, are between the two entities and the one-call center.

	Jan. 29  Introduced in Senate.
	Feb. 12  Political Subdivisions Committee Recommended "Do Not Pass" 8-0.
	Feb. 15 Senate Defeated 44-3.

 

SB 2437 A bill that creates a statewide database that consumers may register with if they do not want telemarketing calls. The Public Service Commission would establish and operate a database of telephone numbers of residential customers who object to receiving telephone solicitations. The legislation also specifies rules for telemarketers soliciting individuals, fees for participating in the system and penalties for violating provisions of the Act.

	Jan. 29  Introduced in Senate.
	Feb. 6   Industry, Business and Labor Committee Recommended "Do Not Pass" 5-2.
	Feb. 7   Senate Defeated 35-14.

 

SCR 4008 A resolution introduced at the urging of Qwest that expresses the Legislature’s support for Qwest to be allowed Section 271 relief, which would allow them to provide interLATA and interstate services. Currently, they are prohibited from carrying calls across the LATA line dividing North Dakota and from carrying calls out-of-State. Qwest says that consumer choice and the number of voice and data providers are limited in the State as evidence the resolution should be supported. The resolution further urges Qwest to submit an application for approval to the FCC by December 31, 2001.Association Position Papers