PENNSYLVANIA PUBLIC UTILITY COMMISSION Order [38 Pa.B. 6347]
[Saturday, November 15, 2008]Public Meeting held
October 23, 2008Commissioners Present: James H. Cawley, Chairperson; Tyrone J. Christy, Vice Chairperson; Robert F. Powelson; Kim Pizzingrilli; Wayne E. Gardner
In the Matter of the Request of the Commonwealth of Pennsylvania Department of Transportation to be Recognized and Assigned as the Sole Administrator of the 511 Dialing Code that Will be Implemented Statewide as a Means to Access Traveler Information;
Doc. No. M-2008-2061434Order On August 15, 2008, pursuant to the provisions of 52 Pa. Code § 5.11, the Pennsylvania Department of Transportation (PennDOT) filed an application for authority to be the sole administrator of the 511 abbreviated dialing code for the provision of its Traveler Information System for the State of Pennsylvania. In accordance with 52 Pa. Code § 5.14, notice of the application was published in the Pennsylvania Bulletin on September 20, 2008. Interventions were due on or before October 6, 2008. Verizon Pennsylvania, Inc. and Verizon North, Inc. (hereinafter jointly referred to as ''Verizon'') filed a Petition to Intervene and Comments in the proceeding.
Verizon indicates that it has a material interest in this proceeding because several of its regulated entities will likely have to perform switch translations or other facilities work to implement 511 service as requested by PennDOT. Additionally, Verizon emphasizes that it does not oppose the granting of the application. Based on the information submitted by PennDOT and Verizon, the Commission grants the application.
Background
On July 21, 2000, the Federal Communications Commission (''FCC'') ruled that the 511 abbreviated dialing code should be used exclusively to provide traveler information services.1 The FCC, acting on a petition filed by the U.S. Department of Transportation (''USDOT''), held that a nationwide, three-digit number for traveler information would ''stimulate the deployment and use of travel-related information'' in a way that the existing traveler information telephone services could not.2
The FCC also concurred with USDOT's argument that a three-digit number would be easier to remember and that it would be particularly useful for travelers moving across local boundaries. The FCC recognized that enabling travelers to make better-informed travel choices would also allow ''better, safer traffic and travel management'' and help reduce congestion and air pollution.3 The FCC also noted that ''state public utilities commissions may continue to exercise jurisdiction over N11 codes to the extent necessary to ensure that carriers comply with transportation agencies' requests to deploy 511 expeditiously.''4 However, the FCC's ruling leaves nearly all implementation issues to state and local agencies and telecommunications carriers.
Furthermore, Congress enacted the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (''SAFETEA-LU'') in 2005 that specifically calls for the implementation of a ''national, interoperable 511 system . . . by September 30, 2010.'' 23 U.S.C. § 512(b).
Discussion
PennDOT is seeking to establish ''511 Pennsylvania,'' which will provide users with timely, reliable and relevant traffic, weather and inter-modal information via telephone and the internet. The automated Advanced Traveler Information System will provide statewide traveler information, including, among other things, road conditions, weather information, incidents and road closures, as well as Statewide road maintenance and construction projects where potential delays might exist. A call to 511 will route to a toll-free number and the information provided by this system will be available 24 hours a day, 7 days a week, 365 days a year, and will be updated as needed. PennDOT is currently in the process of selecting a vendor to establish, host and operate the telephone and web service. Additionally, the Pennsylvania Turnpike Commission supports the assignment of 511 to PennDOT.
We find that PennDOT has shown good cause to grant its request for the authority to use the 511 abbreviated dialing code on a statewide basis. We find that statewide 511 traffic and traveler service will benefit the citizens of Pennsylvania by providing a simple, universal, easy-to-remember number to access road travel information. Moreover, no party opposes the assignment of 511 to PennDOT. Verizon's primary concern in this matter is the appropriate compensation, terms, and conditions for making and maintaining the system changes necessary to provide the 511 dialing functionality in Pennsylvania. Verizon asserts that it intends to provide this service to PennDOT through an individual case basis contract and will negotiate this commercial contract with PennDOT at market-based terms and conditions.
As PennDOT wants to provide 511 Pennsylvania statewide, we are sure that other jurisdictional local exchange carriers may have the same concerns that Verizon has expressed. We acknowledge, as mentioned above, that the FCC's ruling left the details of 511 implementation up to the states and localities. There are no Federal requirements and no mandated way to pay for 511. This presents a challenge; however, we agree with the FCC that a three-digit number is easier to remember and would be particularly useful for travelers moving across local boundaries. Accordingly, we will direct that all jurisdictional local exchange carriers expeditiously perform all analyses required to quantify its costs for the necessary translations and/or facilities work if it plans to seek recovery of internal costs associated with enabling 511 call completion and estimate the time required to perform the necessary translations and/or facilities work to allow 511 call completion from its subscribers. We also recognize that wireless callers will access 511. Therefore, we encourage wireless carriers to coordinate and work with PennDOT in an expeditious manner as well regarding any implementation issues. Likewise, we will direct PennDOT to provide access to a copy of its implementation plan for 511 to assist jurisdictional local exchange carriers in compiling the information necessary to provide ''511 Pennsylvania'' Statewide in an expeditious manner; Therefore,
It Is Ordered:
1. The Application of the Pennsylvania Department of Transportation to be Recognized and Assigned as the Sole Administrator for the Provision of the 511 Dialing Code in Pennsylvania is hereby granted.
2. That Verizon Pennsylvania, Inc.'s and Verizon North, Inc.'s Petition to Intervene is hereby granted.
3. That the Pennsylvania Department of Transportation shall provide all jurisdictional local exchange carriers with access to a copy of its implementation plan for 511 dialing, when available.
4. That within 30 days of the entry date of this Order, all jurisdictional local exchange carriers shall immediately discontinue using 511 for purposes other than access to intelligent transportation systems or other transportation information.
5. That within 30 days of the entry date of this Order, all jurisdictional local exchange carriers shall perform all analyses required to quantify its costs for the necessary translations and/or facilities work if it plans to seek recovery of internal costs associated with 511 call completion; and estimate the time required to perform the necessary translations and/or facilities work to allow 511 call completion from its subscribers.
6. That within 45 days of the entry date of this Order, any affected jurisdictional local exchange carriers shall provide PennDOT with an estimate of the time required to perform the necessary translation and/or facilities work to allow 511 call completion and the internal costs associated with 511 call completion.
7. That all affected jurisdictional local exchange carriers shall comply with the assignment and implementation schedule established by PennDOT unless a petition for waiver is filed with the Commission pursuant to 52 Pa. Code § 5.41.
8. That a copy of this order shall be served on all jurisdictional local exchange carriers and published in the Pennsylvania Bulletin.
9. That the Secretary's Bureau mark this matter closed.
By the Commission:
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 08-2095. Filed for public inspection November 14, 2008, 9:00 a.m.] _______
1 In the Matter of the Use of N11 Codes and Other Abbreviated Dialing Arrangements, CC Docket No. 92-105, Third Report and Order and Order on Reconsideration, 15 FCC Rcd 16753 (July 31, 2000).
2 Id.
3 Id.
4 Id.
