Wireless Competition Act Exposed

The Wireless Competition Act was adopted by ALEC's Telecommunications and Information Technology Task Force at the Spring Task Force Summit on May 1, 2004, approved by the full ALEC Board of Directors June, 2004. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

This Act promotes and encourages wireless telephone competition by preventing unnecessary and burdensome regulation by the state utilities commission.

Model Legislation

The people of the State of _______ do enact as follows:

Section 1. {Short Title}

This Act shall be known as the “Wireless Competition Act.”

Section 2. {Legislative Findings and Declarations}

A bill for an act to amend the [insert appropriate code sections] concerning wireless telecommunications.

WHEREAS, the people of [state] are best served by markets which are open and competitive; and

WHEREAS, effective competition and the free marketplace has resulted in increased usage, growing employment, improved public safety, expanded coverage, and declining prices; and

WHEREAS, eighty-three percent of the U.S. population lives in counties with five or more mobile telephone operators competing to offer service; and

WHEREAS, it is the belief of this assembly that open and vigorous competition is the most efficient way to continue these improvements:

THEREFORE, the general assembly agrees to the following enactment.

Section 3. {Exemption of Commercial Mobile Radio Service (CMRS) Providers}

A CMRS provider (as defined in 47 U.S.C. 332(d)(1)) is not subject to regulation by the [insert name of utilities commission] under this chapter*

*in states that have a state universal service fund, insert: “except that a CMRS provider shall respond, subject to the protection of the CMRS provider's competitive information, to reasonable requests for information about its operations in this state from the commission necessary to administer the state universal service fund.”

Adopted by the Telecommunications & Information Technology Task Force at the Spring Task Force Summit May 1, 2004. Approved by the full ALEC Board of Directors June, 2004.