The National Association of State Utility Consumer Advocate

Resolution 2005-01


WHEREAS, NASUCA has already adopted the position that federal high cost support from the Universal Service Fund should be available for primary lines only and,

WHEREAS, NASUCA members have generally supported Eligible Telecommunications Carrier (ETC) status for wireless carriers in their respective states in order to allow their states to share in such high cost support that is available to all other states, and

WHEREAS, NASUCA believes that, nationally, telecommunications consumers are harmed by increased USF contribution rates resulting from the rapid growth of competitive ETCs receiving high cost support for second lines, including wireless second lines, and

WHEREAS, wireless ETCs frequently resist compliance with fair billing and consumer protection rules and often fail to meet minimum service quality and customer service standards, and

WHEREAS, as a result of the FCC’s recent Order in response to NASUCA’s Truth In Billing Petition, the FCC has asserted that states are preempted from imposing fair billing requirements on wireless carriers, and

WHEREAS, on February 25, 2005, the FCC adopted new mandatory minimum requirements for ETCs with improved consumer protections that are not legally binding on the states,

NOW, THEREFORE, BE IT RESOLVED that the National Association of State Utility Consumer Advocates (NASUCA) encourages its members to oppose the designation of ETC status for any carrier that does not meet the new federal minimum ETC requirements or agree to lawful state-imposed consumer protection rules, and

BE IT FURTHER RESOLVED, that the National Association of State Utility Consumer Advocates (NASUCA) encourages its members to seek a review of the ETC status of any carrier that fails to meet the requirements as set forth above, and

BE IT FURTHER RESOLVED, that NASUCA authorizes the Telecommunications Committee and Consumer Protection Committee, with the consent of the Executive Committee, to develop specific positions and to take appropriate actions consistent with the terms of this resolution.  Those committees shall notify the membership of any action taken pursuant to this resolution.

Endorsed by the Telecommunications Committee

Approved by NASUCA:

Place:  New Orleans, Louisiana

Date:            June 13, 2005