Newsletter

Volume 67, October 2007

Editor:  Karen Pearl

Headlines

Click on the following headlines to jump to that article, or scroll down to review the entire newsletter.

ASSOCIATION NEWS

INDUSTRY NEWS

bulletEmbarq Announces New Gov't Affairs Manager
bullet Innovative Systems Demos New IPTV Middleware Solution
bulletFTC Seeks More Telecom Issue Authority
bulletOPASTCO Technical Committee White Paper on VoIP and SIP

FCC NEWS

bullet11.0% USF Contribution Factor for 4th Qtr. 2007
bulletUSF Administrative Reforms to Take Effect on Oct. 24
bullet Termination Fees Charged by Cellular Operators
bulletOutmoded Long-Distance Rules Replaced with New Protections for Consumers
bullet Joint Board to Reform Long Term, Comprehensive High-Cost Universal Service
bullet Telecommunications Provider Locator
bullet FCC Releases Reference Book

FEDERAL LEGISLATIVE NEWS

bulletSpace Introduces House Broadband Inventory Bill
bulletMarkey Issues Statement on VoIP E911 Bill
bulletHouse Wireless Interstate Toll Regulation Bill Introduced
bulletRep. Doyle Introduces Do-Not-Call List Extension Bill
bulletNumber Portability Bill Introduced in House
bulletWireless Consumer Protection Bill Introduced in Senate
bulletSenate Markup Internet Access Tax Moratorium Extension

DATES TO NOTE

ARCHIVES

 

Association News

Member Companies are invited to submit articles of industry interest to the Nevada Telecommunications Association for inclusion in our monthly newsletter.  If you would like to submit a "white paper" or other news of interest, please CONTACT US.  The NTA reserves the right to include, edit or refuse any article for submission.

Convention News

MARK YOUR CALENDARS FOR 2008! 

August 20-22, 2008, Harvey's Lake Tahoe

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Industry News

Embarq Announces New Gov't Affairs Manager

Brian McAnallen will be assuming the Government Affairs Mgr position as of Monday, Oct. 1, replacing Margaret McMillan.  Mr. McAnallen is from Scottsdale, AZ and most recently was the Director of Gov't Relations for Scottsdale Healthcare, the largest employer in Scottsdale.  McAnallen has extensive federal, state and local lobbying and government affairs experience and lobbied at the NV state legislature several years ago when he was Director of Government Relations for the American  Cancer Society. 

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Innovative Systems Demos New IPTV Middleware Solution

Telco representatives view new Middleware solution at Innovative Systems Annual User Meeting.

September 5, 2007 - Innovative Systems, LLC, debuted an early version of its new IPTV Middleware solution in a live demo for nearly two hundred of its customers at their annual User Meeting last week. Innovative Systems customers from as far away as Alaska were able to see the progress on this new turn-key Middleware offering that has entered alpha testing stage

Ryan Tupper, Voice & Video Products Director for Innovative Systems, demonstrated the functionality of the electronic program guide as well as some of the behind the scenes set-up components. System set-up is quite simple, especially for technical staff already familiar with Innovative’s popular Application Peripheral (AP) platform. The IPTV Middleware solution will be delivered on Innovative’s next generation platform called APMAX.

“A real value to companies will be the ability to provide both traditional telephony services as well as middleware from the same hardware platform. In the future, we see companies having the ability to seamlessly blend telephony and video services using our products,” says Tupper.

Tupper adds, “In a short period of time, our team has made huge strides in development. Having a product to demo to clients speaks volumes about the quality of our partners and the ability of our staff who have worked so diligently to take a concept and turn it into reality.”

During the Q&A immediately following the demo, the first question asked was when the Middleware solution would be ready for market. Tupper’s response, “When we feel it’s functioning to our high level of standards.”

About Innovative Systems:
Innovative Systems is a dominant provider of Enhanced Service Platforms and Operational Support Systems (OSS) for the Tier 3 telecommunications industry. Respected customer support, carrier grade products and an industry leading vision are the foundation of our company. The Innovative Systems Application Peripheral (AP) is the most feature rich and widely deployed platform in the industry with over 750 systems in service interfacing with all switch types. The eLation OSS solutions have already proven to be a market success with sixty plus customers in the first 30 months. Future offerings include the APMAX IMS Application Server and IPTV Middleware. For more information, please contact your Innovative Systems sales representative, Innovative Systems office or visit www.innovsys.com.

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FTC Seeks More Telecom Issue Authority

(Source:  National Journal's Insider Report, Michael Posner 9-12-07) Federal Trade Commission Chairwoman Deborah Platt Majoras pressed Congress to give it more power to root out unfair and deceptive practices in the mushrooming telecommunications industry.

She asked a Senate Commerce subcommittee to approve legislation that would allow the FTC to regulate telecommunications common carriers and subject them to rules against unfair and deceptive practices. "This exemption dates from a period when telecommunications were provided by government-authorized highly regulated monopolies," Majoras said. Her proposal found an ally in Senate Commerce Interstate Commerce Subcommittee Chairman Byron Dorgan, D-N.D., who said he wanted the full committee to remove the exemption as part of an FTC authorization bill and send it to the Senate "very soon." The agency's reauthorization has not been extended since 1996.

"Technological advances have blurred the traditional boundaries between telecommunications, entertainment and information," Majoras said. "As the telecommunications and Internet industries continue to converge, the common carrier exemption is likely to frustrate the FTC's ability to stop deceptive and unfair acts and practices and unfair methods of competition with respect to interconnected communications, information, entertainment and payment services."

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OPASTCO Technical Committee White Paper on VoIP and SIP

The OPASTCO Technical Committee has published a white paper entitled “TDM to IP Migration: The Gaining Popularity of Voice over Internet Protocol (VoIP).” The paper includes explanations of how VoIP benefits from the use of session initiation protocol (SIP) session management, how VoIP and IP Multimedia Subsystem (IMS) provide added value and utility across multiple platforms, and ways that VoIP can improve revenues and provide cost savings. To view the white paper, visit http://www.opastco.org/members/gateway/docs/OTC_Technical_Paper_-_The_Gaining_Popularity_of_VoIP.pdf. If you need access to the OPASTCO Members’ Only Website, please contact Caroline O’Reilly at 202/659-5990 or cao@opastco.org.

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FCC NEWS

FCC Proposes 11.0% USF Contribution Factor for 4th Qtr. 2007

(Source: BloostonLaw 9-19-07)  The FCC has proposed setting the Universal Service Fund (USF) contribution factor at 0.110 or 11.0% for the fourth quarter of 2007. This is down slightly from the 11.3% figure for the third quarter, and the 11.7% for the second quarter. But it is up from 9.7% in the first quarter, and 9.1% in the fourth quarter of 2006. It is also up from the 10.5% figure for the third quarter and the 10.9% and the 10.2% figures proposed for the second and first quarters of last year, respectively. The 11.3% contribution factor will be used to calculate the line item charge on the customer’s bill (i.e., to calculate the charges on revenues that a carrier receives). The FCC’s USF Interim Contribution Methodology order prohibits carriers from marking up the USF line item higher than the contribution factor. If the FCC takes no action by September 27, the contribution factor will become effective.

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FCC USF Administrative Reforms to Take Effect on Oct. 24

(Source OPASTCO 411, 9-25-07) The FCC issued a Report and Order to reform the Universal Service Fund’s (USF) program administration. The new rules will require timely filing of worksheets and payment of contributions, impose a five year record retention requirement for all documents, and set performance measurements for the High-Cost program.  The new rules will take effect on Oct. 24.

To view the Federal Register notice, visit http://edocket.access.gpo.gov/2007/pdf/E7-18711.pdf.

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FCC to Look at Termination Fees Charged by Cellular Operators

(Source:  DowJones NewsWires, Corey Bowes, 9-11-07) Federal Communications Commission Chairman Kevin Martin said  the agency will look at the early termination fees charged by cellular, telephone and cable companies to customers who want to break their contracts.

Speaking to reporters before the FCC's monthly public meeting, Martin said there is a need to look at the fees charged not just by wireless companies, which are often focused on, but on all industries the agency regulates.

He said this would include cable and telephone companies that levy the fees as part of their so-called triple-play offerings of cable, internet and phone service.

"I think it may be important for the commission to look at the early termination fees across all platforms," Martin said.

The chairman stopped short of saying the FCC would take action to prevent these types of fees from being charged, but the fact that he has committed the agency to looking at the situation indicates it is on his radar screen.

Last week, two lawmakers in the Senate introduced legislation that would require wireless companies to pro rate these fees, meaning if a customer wanted to terminate a contract half way through the standard two-year timeframe, they would be charged half the fee.

Verizon Wireless already offers this option, but the other major wireless carriers don't.

The bill, backed by Sens. Jay Rockefeller, D-W.V., and Amy Klobuchar, D-Minn., doesn't address termination fees levied by other FCC regulated industries.

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FCC Replaces Outmoded Long-Distance Rules with New Protections for Consumers

(FCC News Release 8-31-07) The Federal Communications Commission establishes a new framework to govern the provision of in-region, long distance services by the Bell Operating Companies (BOCs) and their independent incumbent local exchange carrier (incumbent LEC) affiliates.  The old framework included requirements that the BOCs separate their local telephone and long distance operations, which is at odds with a market environment where local and long distance services increasingly are marketed and provided on a bundled basis.  The new framework replaces those more burdensome regulations with less intrusive measures that protect important customer interests while allowing the BOCs and their independent incumbent LEC affiliates to respond to marketplace demands efficiently and effectively.

In particular, in order to protect consumers who make relatively few long-distance calls, the BOCs have committed to offer special rate plans tailored to those consumers for three years.  The BOCs also have committed to provide subscribers to bundled single-rate local/long distance plans adequate information regarding their monthly usage in order to ensure such consumers can make informed choices concerning their options for making long distance calls.  The Commission adopted these commitments as conditions of the new regulatory framework.

The new framework renders moot much of a petition for forbearance filed by AT&T Corp.  (FCC 07-159)

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Joint Board to Reform Long Term, Comprehensive High-Cost Universal Service

The Federal-State Joint Board on Universal Service (Joint Board) releases the following statement:

The Joint Board is taking a fresh look at high-cost universal service support.  The Joint Board has tentatively agreed that:

1.  Support mechanisms for the future will focus on: 

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            Voice

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            Broadband

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            Mobility

2.  In addition to the principles set forth in the statute, support mechanisms for the future will be guided by the following principles: 

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            Cost control

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            Accountability

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            State participation

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            Infrastructure build out in unserved areas

3.  The equal support rule will not be part of future support mechanisms.

(Sept. 6, 2007, WC Docket 05-337, CC Docket 96-45)

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Telecommunications Provider Locator

(Source:  FCC News Release 9-7-07)  The Federal Communications Commission (FCC) released its annual Telecommunications Provider Locator report.  The report lists 5,428 companies registered to provide interstate telecommunications as of November 2006, as compared to 5,632 companies as of October 2005.  For each of these providers, the report identifies whether it reported revenue for local, wireless, payphone, operator and prepaid calling card, or other toll services, and whether it contributed to support universal service.  The report also provides contact information for each company.

This report was compiled using information from FCC Form 499-A Telecommunications Reporting Worksheets filed by telecommunications providers.  The filed worksheets are proprietary and therefore not available to the public.

The report may  be downloaded from the Wireline Competition Bureau Statistical Reports Internet site, which can be reached at www.fcc.gov/wcb/iatd/locator.html

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FCC Releases Reference Book

(Source:  FCC NewsRelease 9-26-07)  The Federal Communications Commission (FCC) released its annual report, Reference Book of Rates, Price Indices, and Household Expenditures for Telephone Service.  The report contains information on local and long distance rates paid by residential and business consumers, household expenditures, and price indices.  Highlights include the following:

Toll Service Rates

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The average revenue per minute of wireline long distance calling, which reflects rates paid by residential and business consumers, remained at 6 cents in 2005 for the third consecutive year, and represents a decrease of 60% from 1992, when discount and promotional long distance plans were introduced.

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During 2006, the consumer price index (CPI) for wireline interstate toll service rose 5.1% and the CPI for intrastate toll service increased 3.3%, while the overall CPI rose 2.5%.

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Long-term, the CPI for wireline interstate toll service in December 2006 was 33% lower than in December 1997, and for intrastate toll service, 24% lower, while the overall CPI rose by 25% during the same period.

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The December 2006 CPI for wireless service remained unchanged from December 2005.  Long-term, the CPI for wireless services was 35% lower in December 2006 than it was in December 1997.

 Rates for Local Service

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The Lifeline universal service program subsidizes the monthly phone charges for low-income households, while the Link Up program subsidizes charges for the connection of a phone line.  Based on a sample of cities, Lifeline conferred an average monthly benefit of $14.65, and Link Up conferred an average benefit of $29.94.

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The average rate paid by business customers for a single phone line was $45.31 in 2006, compared to $43.75 in 2005, an increase of 3.5%.  The average connection charge for single-line business customers fell from $74.18 in 2005 to $72.26 in 2006, a decrease of 2.5%.

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The average rate paid by residential customers for unlimited touch-tone calling was $25.27 in 2006, compared to $24.64 in 2005, an increase of 2.6%.  The average connection charge for residential customers increased to $42.92 in 2006 from $42.80 in 2005.

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Consumer Expenditures for Telephone Service

 

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According to Bureau of Labor Statistics (BLS) surveys, average monthly expenditures for telephone service for all U.S. households rose from $82.50 in 2004 to $87.33 in 2005, an increase of 5.8%.  Telephone service continues to comprise approximately 2% of household expenditures.

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Also, according to BLS surveys, urban households continue to spend more on telephone service than rural households.  During 2005, average annual expenditures for urban households were $1055, as compared to $966 for rural households.

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According to data provided by TNS Telecoms, a marketing research firm, households with wireline telephone service spent an average total of $97 per month on telephone services during the year 2005 (compared to $92 in 2004); $36 per month on local service (same as in 2004); $8 per month on long distance service (compared to $9 in 2004); and $53 per month on wireless service (compared to $47 in 2004).  

The report can be downloaded from the Wireline Competition Bureau Statistical Reports Internet site at www.fcc.gov/wcb/stats.

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FEDERAL LEGISLATIVE NEWS

NOTE - BILLS AVAILABLE ONLINE ARE AVAILABLE BY CLICKING ON HEADLINE

HOUSE

 HR 3627 - Space Introduces House Broadband Inventory Bill

(Source:  OPASTCO 411, 9-25-07) On Sept. 20, Rep. Zack Space (D-Ohio) introduced H.R. 3627, the Connect the Nation Act. The legislation would fund statewide initiatives to identify and track broadband availability. Participating initiatives would be required to develop a baseline assessment for the state, inventory service providers, identify areas with low availability levels, identify barriers to uptake, and measure consumers’ and businesses’ take rates. The bill would require organizations funded by the program to develop a geographic information system (GIS) map that identifies gaps in service. Participants would be mandated to create a plan to encourage deployment and uptake using local demand aggregation, mapping analysis and market intelligence to improve the business case for bringing broadband to previously unserved areas.

Organizations receiving grants would be required to match at least 20 percent of the federal funds they receive. Groups that have received federal funds during the last four years would be ineligible for funding under the bill. Participants tracking deployment statistics would not be permitted to disclose confidential or proprietary information offered by service providers.

The Senate companion bill, S. 1190, was introduced by Sen. Richard Durbin (D-Ill.) on April 24 (411, May 3). Another Senate broadband inventory bill, S. 1492, was approved by the Senate Commerce Committee on July 19 (411, July 24). On May 17, the House Energy and Commerce Committee held a hearing on a discussion draft for a broadband mapping bill (411, May 17).

To view the bill text for H.R. 3627, visit http://thomas.loc.gov/home/gpoxmlc110/h3627_ih.xml.

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  HR 3403 - Markey Issues Statement on VoIP E911 Bill

(Source:  OPASTCO 411, 9-20-07)  The House Subcommittee on Telecommunications and the Internet held a hearing on H.R. 3403, the 911 Modernization and Public Safety Act of 2007. The legislation would mandate the FCC to issue regulations allowing IP-enabled service providers to access network components necessary to offer E911 services at the same rates, terms and conditions offered to commercial mobile radio service providers.  Rep. Ed Markey (D-Mass.) said that the FCC has not yet ruled that voice over Internet protocol (VoIP) service providers have a legal right to access the network components necessary to fulfill E911 service obligations. Markey said that the bill would ensure that VoIP service providers can access the infrastructure necessary to offer E911 services and would give them the same liability protections that wireless service providers currently have.

To view the statement, visit http://markey.house.gov/index.php?option=content&task=view&id=3086&Itemid=125.

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 HR 3565 - House Wireless Interstate Toll Regulation Bill Introduced

(Source:  OPASTCO 411, 9-20-07)  On Sept. 18, Rep. Madeleine Bordallo (D-Guam) introduced H.R. 3565, the Insular Rate for Cellular Customers Act. The legislation would impose the same regulations on interexchange services offered by commercial mobile radio service (CMRS) providers as are imposed on interstate, interexchange service providers.

To view the bill, visit http://thomas.loc.gov/home/gpoxmlc110/h3565_ih.xml.

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 HR 3541 - Rep. Doyle Introduces Do-Not-Call List Extension Bill

(Source OPASTCO 411 9-18-07)  On Sept. 17, Rep. Mike Doyle (D-Penn.) introduced H.R. 3541, the Do-Not-Call Improvement Act of 2007. The legislation would remove the five-year expiration for numbers added to the Federal Trade Commission’s (FTC) Do-Not- Call list and prevent the FTC from creating a new expiration date. To view the bill text, please visit http://thomas.loc.gov/home/gpoxmlc110/h3541_ih.xml.

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 HR 3482 - Number Portability Bill Introduced in House

(Source OPASTCO 411 9-11-07)  On Sept. 6, Rep. Mary Bono (R-Calif.) introduced H.R. 3482, the Same Number Act of 2007.The legislation would mandate the FCC to establish number portability performance standards that require all carriers to port numbers in an expeditious and efficient manner; institute a uniform porting process that limits the information that the customer’s previous carrier can require to validate and complete the port; prohibit the customer’s previous carrier from deactivating and removing the number from its switch for at least 48 hours after the port is completed; and encourage reasonable automation. The Commission would be required to account for differences between simple and complex ports, and grant temporary waivers for carriers or groups of carriers that demonstrate that the rules would impose unreasonable compliance costs.  Carriers would be required to report annually to the FCC on their porting activities, including the number of ports they failed to complete on time and the reasons why. The bill would apply to both telecommunications-based and IP-enabled voice services. On July 19, the Senate Commerce Committee marked up the Senate companion bill, S. 1769 (411, July 14). To view the bill text, please visit http://thomas.loc.gov/home/gpoxmlc110/h3482_ih.xml

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SENATE

Wireless Consumer Protection Bill Introduced in Senate

(Source OPASTCO 411 9-11-07)  On Sept. 7, Sens. Amy Klobuchar (D-Minn.) and Jay Rockefeller (D-W.Va.) introduced the Cell Phone Consumer Empowerment Act of 2007. The legislation would require wireless carriers to pro-rate early termination fees (ETFs) that they offer to customers, with an ETF for a two-year contract cut in half after one year. Customers would be allowed to cancel any contract within 30 days of signing without facing an ETF. The bill would mandate carriers to offer service maps that enable customers to determine whether or not service is available in their homes. The proposal would require the FCC to collect data on carriers’ dropped calls and coverage gaps, and make this available to the public. Under the legislation, carriers’ service contracts would be required to disclose all contract terms, charges, minutes, taxes, surcharges and E-911 service information prior to signing. The bill would mandate that taxes and fees be listed in a separate section, and that roaming charges be separately itemized and sent to customers within 60 days of relevant calls being made. Carriers would be required to provide point-of-sale notice of any contract extensions and allow customers to cancel any extensions within 30 days. The proposal would require carriers to notify customers of changes to rates or terms at least 30 days in advance. The measure would require the Commission to report on how handset locking effects consumers. The proposal would preempt all state laws except those that offer consumers more stringent protections. For more information,  visit http://klobuchar.senate.gov/newsreleases_detail.cfm?id=281970&.

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 S 1453 - Senate Markup Internet Access Tax Moratorium Extension

(Source:  OPASTCO 411 9-25-07) On Sept. 27, the Senate Commerce Committee began a markup of S. 1453, the Internet Tax Freedom Act Extension Act of 2007. The legislation, sponsored by Sen. Thomas Carper (D-Del.), would extend the federal moratorium on state and local taxes on Internet access until 2011. The current moratorium will expire on Nov. 1. The bill would also exclude telecom services from the moratorium, including services delivered using Internet protocol. For more information about the markup, visit http://commerce.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=1899.

On Sept. 20, Sens. Trent Lott (R-Miss.), John McCain (R-Ariz.) and John Sununu (D-N.H.) issued a press release recommending that the moratorium be made permanent. Sens. Harry Reid (D-Nev.), McCain, Sununu and Ron Wyden (D-Ore.) are sponsors of S. 156, the Permanent Internet Tax Freedom Act of 2007 (411, Jan. 5). The legislation would ban taxes on Internet access, ban double taxation of products or services purchased over the Internet, and ban taxes that treat purchases over the Internet differently than other sales. The senators’ statement is available at http://mccain.senate.gov/press_office/view_article.cfm?id=1133.

Sen. Gordon Smith (R-Ore.) also issued a statement supporting a permanent moratorium, available at http://gsmith.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=1083.

Two House bills would impose a permanent moratorium. They include H.R. 743, sponsored by Rep. Anna Eshoo (D-Calif.), and H.R. 1077, sponsored by Rep. John Campbell (R-Calif.).

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PLACE YOUR AD HERE! CONTACT US

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Dates To Note

October 15-16, 2007 - NTCA Region 9 Meeting, Sheraton Billings Hotel, Billings Montana.  For more information go to www.ntca.org.

October 31-November 1, 2007 - OPASTCO 2007 Technical and Marketing Symposium - Home Networks/Broadband, Minneapolis Airport Marriott, Minneapolis, MN.  For more information go to www.opastco.org.

November 7-8, 2007 - VoIP Training, Holiday Inn Sacramento Northeast.  For more information go to www.calcomwebsite.com.

Seminar Series for 2007

John Staurulakis, Inc. (JSI) has developed its comprehensive Seminar Series for 2007. CLICK HERE

Moss Adams Telecom Seminars CLICK HERE

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Archived Newsletters

September 2007      August 2007         July 2007

 

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