THE NATIONAL ASSOCIATION OF STATE UTILITY CONSUMER ADVOCATES
RESOLUTION

Opposing Carriers’ Imposition of Regulatory Fees, Including
AT&T’s Efforts To Implement a
Nationwide “Regulatory Assessment Fee”

WHEREAS, Beginning July 1, 2003, AT&T intends to begin collecting a $0.99 “Regulatory Assessment Fee” from all customers who incur charges for any service (other than AT&T local service) in any given month, in order to recover its costs “associated with interstate access charges, property taxes and regulatory proceedings and compliance”;

WHEREAS, This fee is similar to fees currently being charged by other carriers, including wireless carriers;

WHEREAS, AT&T apparently intends to include intrastate access charges among those costs being recovered by its so-called Regulatory Assessment Fee;

WHEREAS, Both interstate and intrastate access charges have been declining steadily over time, and are already recovered in AT&T’s and other carriers’ existing monthly and per minute rates;

WHEREAS, Property taxes and costs associated with regulatory proceedings and compliance are ordinary business expenses already recovered in AT&T’s and other carriers’ existing monthly and per minute rates;

WHEREAS, There is no rational relationship between the amount of the proposed AT&T Regulatory Assessment Fee or other carriers’ fees and the carriers’ actual costs;

WHEREAS, No federal or state governmental or regulatory action has significantly increased either property taxes paid by AT&T or AT&T’s and other carriers’ costs of regulatory proceedings and compliance; and

WHEREAS, The so-called Regulatory Assessment Fee and other carriers’ similar fees are simply be an unjustified source of extra revenue, since AT&T plans and other carriers have implemented no decrease in otherexisting rates when these fees are imposed; and

WHEREAS, The characterization of these fees as a “Regulatory Assessment Fee” or similar terms unfairly and improperly suggests that it is the product of specific federal or state regulatory action, or is otherwise a government-mandated fee; and

WHEREAS, The so-called Regulatory Assessment Fee and other similar fees are unwarranted surcharges or line items on phone bills that will mislead customers, and hide the true cost of the service offered by the carriers, including AT&T;

THEREFORE BE IT RESOLVED that the National Association of State Utility Consumer Advocates (NASUCA) calls upon the Federal Communications Commission, state public utility commissions and state and federal legislators to reject AT&T’s efforts to impose a “Regulatory Assessment Fee,” and other carriers’ similar fees as excessive, unjust or unreasonable rates, charges or terms of service; and as such fees are inaccurate and misleading because they do not involve full, clear and conspicuous disclosure and truthful labeling; and

BE IT FURTHER RESOLVED, that NASUCA calls upon state and federal regulatory, enforcement and legislative authorities to require, to the extent that such fees are allowed, full, clear and conspicuous disclosure and truthful labeling of such fees; and

BE IT FURTHER RESOLVED, that NASUCA directs the Telecommunications Committee to mail a copy of the foregoing resolution to appropriate state and federal regulatory, enforcement and legislative authorities; and

BE IT FURTHER RESOLVED, that NASUCA authorizes the Executive Committee to develop positions and take further actions consistent with the contents of this resolution. The Executive Committee shall inform the membership of such positions and actions prior to proceeding with them, if at all possible. In any event, the Executive Committee will advise the membership of any actions taken consistent with the recommendations contained herein.

Approved by NASUCA:
Submitted by June 2003, Portland, OR Telecommunications Committee