Regulatory Authority

	The purpose of these questions is to establish the existence and extent of your state utility commission's authority to regulate wireless phone service-either generally or as part of an eligible telecommunications carrier (ETC) process-and, if the commission's authority is limited, to identify the degree to which such authority is limited.

1.	Which of the following best describes your state commission's general authority to regulate wireless phone service (regardless of a carrier's ETC status)?
	(Select one.)
	1.		The commission has authority to regulate all aspects of wireless phone service (other than rates and entry).
	2.		The commission has authority to regulate some but not all aspects of wireless phone service.
	3.		It is unclear whether state law gives the commission authority but the commission has interpreted the law to imply authority to regulate wireless phone service.
	4.		The commission has no authority to regulate wireless phone service.
	5.		Other
	6.		No response

	If you answered "Other" above, please specify:

q2.	Which general aspects of wireless phone service does the state commission have authority to regulate?
	(Select one for each row.)

		Yes	No	Unclear	No response
2a.	Advertising disclosures
2b.	Disclosure of terms and conditions at the point-of-sale
2c.	Terms and conditions of service contracts or agreements between carriers and consumers
2d.	Billing practices (other than rates)
2e.	Quality of service

q3.	Within what legal framework does the state utility commission have authority to regulate wireless phone service?
	(Select one for each row.)

		Yes	No	Unclear	No response
3a.	The commission has authority under its state public utilities law (such as a public utilities statute or other similar law that includes telecommunications services) to regulate wireless phone service.
3b.	The commission has authority under its state consumer protection law to regulate wireless phone service.
3c.	The commission has authority under a state law other than those cited above to regulate wireless phone service.
3d.	The commission has authority under a state law but must meet certain conditions before it can exercise that authority.
3e.	The commission has no authority to regulate wireless phone service.

4.	If you indicated in question 3d that the commission has authority under a state law but must meet certain conditions before it can exercise that authority, what conditions must first be met? (if you did not answer "yes" to question 3d mark "not applicable")
	(Select one.)
	1.		The commission must hold a proceeding to determine that regulation is needed.
	2.		The commission must determine that some other condition must be satisfied.
	3.		Not applicable
	4.		No response

	If you answered "the commission must determine that some other condition must be satisfied", please specify condition:

q5.	If applicable, please cite the state law(s) under which the commission derives or claims its authority to regulate wireless phone service.

q6.	If applicable, please cite the state law, regulation, or order of the commission or any court of competent jurisdiction that currently limits the commission's authority to regulate wireless phone service.

7.	Which of the following best describes the status of the commission's use of authority to regulate wireless phone service?
	(Select one.)
	1.		The commission has no authority to regulate wireless phone service.
	2.		The commission has authority to regulate wireless phone service and has exercised its regulatory authority, such as by creating rules that apply to wireless carriers.
	3.		The commission has authority to regulate wireless phone service, has not yet exercised it, but may exercise it in the future.
	4.		The commission has authority to regulate wireless phone service, but has decided not to exercise it.
	5.		Other
	6.		No response

	If you answered "Other" above, please specify:

q8.	How, if at all, has wireless phone service been exempted from regulation in your state?
	(Select one for each row.)

		Yes	No	No response
8a.	State law has exempted wireless phone service from any regulation
8b.	State law has exempted wireless phone service from some regulation.
8c.	The commission has exempted wireless phone service from any regulation.
8d.	The commission has exempted wireless phone service from some regulation.
8e.	Judicial ruling(s) have restricted the commission's authority to regulate wireless phone service.
8f.	Other

	If you answered "other", please specify:

q9.	Does your state commission have regulations that apply to wireless phone service?
	(Select one for each row.)

		Yes	No	Not applicable	No response
9a.	There are general rules that apply to telecommunications services, including wireless phone service.
9b.	There are rules that apply specifically to wireless phone service (other than requirements for registration and/or licensing).

10.	Does your state commission designate or certify wireless phone service providers as eligible telecommunications carriers (ETC)?
	(Select one.)
	1.		Yes
	2.		No, the state commission does not make ETC designation decisions. (Skip to question 12.)
	3.		No response (Skip to question 12.)

11.	In your state commission's ETC designation/certification process has the commission imposed conditions related to the following areas on wireless phone service providers' access to universal service funding?
	(Select one for each row.)

		Yes	No	Do not know	No response
11a.	Advertising disclosures
11b.	Disclosures of terms and conditions at the point of sale
11c.	Service contract or agreement terms and conditions
11d.	Billing practices
11e.	Quality of service
11f.	Other area not listed above

	If you answered "Yes" to "Other area not listed above", please specify:

12.	Regardless of whether the state utility commission has regulatory authority over wireless phone service, do any other state agencies or offices have authority to regulate any aspect of wireless phone service?
	(Select one.)
	1.		Yes, another state agency or office has regulatory authority over wireless phone service.
	2.		No other state agencies or offices have regulatory authority over wireless phone service.
	3.		Do not know
	4.		No response

	If you answered "Yes, another state agency or office has regulatory authority over wireless phone service," please specify which agency (or agencies):

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Full Report: GAO-10-34

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