Phone market not
ready for deregulation bill
By HAMILTON E.
RUSSELL III Guest
columnist
The Federal Communications Commission is drafting new regulations
that will have a dramatic impact on local telecommunications
competition across the country. In light of the uncertainty about
those new rules, now is not the time for Gov. Mark Sanford to sign
the special interest legislation that would substantially deregulate
BellSouth and other incumbent local phone companies, reduce
telecommunications competition and lead to higher local phone bills
for businesses and households.
According to the most recent FCC figures, competitive
telecommunications services providers such as my company, NuVox
Communications, provide local phone service to 8 percent of the
access lines in the state. This scant amount of market penetration
does not justify any determination, statutory or otherwise, that the
local telecommunications services market in South Carolina is “fully
competitive.”
The bill passed by the General Assembly puts at risk the modest
gains made by the competitive local telecommunications services
providers and promises to impede the development of the competitive
services market.
The bill would strip the S.C. Public Service Commission of its
statutory authority over prices and terms of telephone service
offered by BellSouth, Verizon and Alltel for any customers who
subscribe to basic local dial tone with any other service such as
call waiting, caller ID or long distance. While a consumer could
complain to the PSC about a billing dispute or service, the PSC
would no longer have any authority to resolve the complaint; the
consumer would have to file a formal complaint with the FCC or in
federal court.
This legislation would also allow smaller local phone companies
to ward off regulatory oversight. According to the S.C. Small
Business Chamber of Commerce, one of the bill’s many opponents, it
allows these smaller incumbents to institute immediate and dramatic
increases to local phone rates.
The bill also removes PSC authority to sanction BellSouth and
other local phone companies for “abuse of market power” and
anti-competitive practices. This leaves the door open for predatory
pricing and other forms of behavior to eliminate pesky competitors
such as NuVox, AT&T, MCI and ITC DeltaCom that have brought
technologically advanced services to market for lower prices and
forced BellSouth, Verizon and others to offer similar services at
cheaper rates.
So where’s the consumer benefit in all of this? Nowhere.
Mark Twain once said that a “conspiracy is nothing but a secret
agreement of a number of men for the pursuance of policies which
they dare not admit in public.” This legislation benefits only
BellSouth and other incumbent phone companies. While they publicly
claim that this bill would promote competition and benefit
consumers, facts tell another story. The real (secret) objective of
these companies and their horde of lobbyists is less virtuous: The
companies intend to fend off state oversight of their business
practices and gain flexibility to raise rates at any time and by any
amount.
Given the fact that the FCC’s old rules have been thrown out by a
federal court and the agency is currently debating new rules for
local telecommunications competition, and the fact that South
Carolina’s level of competition in local phone service is among the
lowest of the 50 states, it makes no sense for South Carolina to be
the first state with this type of law.
Gov. Sanford should listen to warnings from the Small Business
Chamber, the AARP and the state Consumer Affairs Department: All
testified against the bill. Rather than buckle under to BellSouth,
Verizon, other local incumbent phone companies and their lobbyists,
Gov. Sanford must veto this bill to protect business and residential
consumers and to preserve the competitive telecommunications
services market in South Carolina.
Mr. Russell is vice president of legal affairs for
Greenville-based NuVox
Communications. |