2151 Implementation of 811 abbreviated dialing access to the one call notification system; doc. no. M-00051921
PENNSYLVANIA PUBLIC UTILITY COMMISSION Implementation of 811 Abbreviated Dialing Access to the One Call Notification System; Doc. No. M-00051921 [35 Pa.B. 6397] Public Meeting held
October 27, 2005Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick
Interim Implementation Order By the Commission:
On March 14, 2005, the Federal Communications Commission (FCC) issued its In the Matter of the Use of N11 Codes and Other Abbreviated Dialing Arrangements Sixth Report and Order, FCC 05-59, CC Docket No. 92-105 (Sixth Report and Order) that, inter alia, designated 811 as the national abbreviated dialing code to be used by state One Call notification systems for providing advanced notice of excavation activities to underground facility operators in compliance with the federal Pipeline Safety Improvement Act of 2002 (Pipeline Safety Act)1 . By this Order, the Commission requests comments for developing an implementation plan for 811 abbreviated dialing access to the Pennsylvania One Call notification system. We will establish a 30-day Comment period and 10-day Reply Comment period on this matter.
In 1974, the Pennsylvania General Assembly established the One Call system as a way to provide for public safety by preventing damage to buried utilities. One Call provides a single telephone number for contractors, designers or any other person covered by the enacting legislation to call to notify owners of underground utility lines and pipes of the caller's intent to use powered equipment for excavating, tunneling, demolition or similar work. Underground Utility Line Protection Act, Act 287 of 1974, as amended by Act 199 of 2004, 73 P. S. §§ 176, et seq.
The Pennsylvania One Call system handles five different types of calls--design calls, emergency calls, routine location requests, demolition work calls and appointment calls. ''Design calls'' are calls regarding drawings that are prepared for excavations that require design notification; a design notice is meant to allow the designer to plan the new work around existing facilities in compliance with the law. ''Emergency calls'' address those sudden or unforeseen occurrences involving a clear and immediate danger to life or property, including but not limited to, serious breaks or defects in a facility owner's lines. (see 73 P. S. § 176); emergency calls include damage reporting calls and reports of an odor of natural gas, even if they are non-excavation related calls. Routine location request calls are calls of notification for excavation work at a designated work location and where the request is limited to the area described in the notification call. Demolition work calls are calls regarding notification for demolition work. Appointment calls are calls by excavators for job site meetings with facility owners in order to show the limits and schedule of the work when there is difficulty in describing the proposed excavation area or when the excavator chooses to call a preconstruction meeting with facility owners.
The United States Department of Transportation (DOT), pursuant to the Transportation Equity Act for the 21st Century, Transportation Equity Act for the 21st Century, Pub. L. No. 105-178, § 6105, 112 Stat. 107 (1998),2 established a national One Call notification program. On December 17, 2002, President Bush signed the Pipeline Safety Act into law. The Pipeline Safety Act, inter alia, is designed to strengthen the federal government's support for the One Call programs and requires the DOT, in consultation with the FCC, to ''provide for the establishment of a 3-digit nationwide toll-free telephone number system to be used by State one-call notification systems.''3
During January 2003, the North American Numbering Council (NANC) formed the abbreviated Dialing for One Call Notification Issue Management Group (DIG IMG) to identify and analyze the impact of employing the various abbreviated dialing options to implement the Pipeline Safety Act. The DIG IMG considered three possible alternatives for a 3-digit code to access One Call centers: N11 codes, codes using a leading star or number sign, and easily recognizable codes, and presented NANC with a report addressing these options. Upon reviewing the report, the NANC concluded that the best solution, within the framework of the existing statute, would be to assign an N11 code, specifically 811, to access One Call centers. 4
On August 28, 2003, to initiate implementation of the Pipeline Safety Act, the DOT filed a Petition for Rulemaking at the FCC requesting the assignment of a 3-digit toll-free telephone number to access One Call centers throughout the country. On May 14, 2004, the FCC released a Notice of Proposed Rulemaking (NOPR) seeking comment on various abbreviated dialing arrangements, including those considered and recommended by the NANC, that could be used by state One Call notification systems in compliance with the Pipeline Safety Act. The FCC sought comments on the following: (1) whether an N11 code, a code using a leading star or number sign, or another 3-digit number should be assigned to comply with the Pipeline Safety Act, and (2) implementation issues such as the integration of existing One Call center numbers, an appropriate implementation timeframe for each proposed abbreviated dialing arrangement, and whether the FCC should delegate authority to state commissions to address implementation issues.
On March 14, 2005, the FCC released the Sixth Re- port and Order http://hraunfoss.fcc.gov/edocs public/attachmatch/FCC-05-59A1.doc and http://hraunfoss. fcc.gov/edocs public/attachmatch/FCC-05-59A2.doc. In the Sixth Report and Order, the FCC concluded that an N11 code was the best solution, within the framework of the federal statute, for access to the One Call centers. It designated 811 as the national abbreviated dialing code to be used by state One Call notification systems for providing advanced notice of excavation activities to underground facility operators in compliance with the Pipeline Safety Act. By selecting the N11 designation, the FCC rejected other options including codes using a leading star or number sign, and an easily recognizable code as these alternatives were impractical, costly to implement and could delay for years the availability of a national One Call number. In addition, the FCC rejected the option of sharing an existing N11 code, such as 911, for the purpose of One Call. The FCC noted that shared use could result in customer confusion and misrouting when dialing a shared N11 Code, and that the confusion could increase the potential of deterring excavators from using the notification system and resulting in reducing the effectiveness of the One Call centers. The FCC found that the use of a national abbreviated dialing code will enhance public safety and strengthen homeland security by streamlining the advance notification of excavation activities and emergency notification procedures. The FCC also held that an abbreviated dialing code for providing advanced notice of excavation activities to underground facility operators will eliminate the need for each state One Call notification system to utilize different numbers, and that a single nationwide abbreviated dialing code would increase public awareness and the use of One Call services.
The FCC also addressed implementation issues, which included integration of existing One Call center numbers, originating switch location, the implementation period, and the role of state commissions. On the issue of existing One Call center number integration, the FCC wanted to ensure that calls to One Call centers are toll-free. In order to ensure that the call would be toll free, the FCC concluded that One Call centers should provide carriers with a toll-free number, which can be an 8YY number or any number that is not an IntraLATA toll call, from the area to be served for use in implementing 811. Thus, when a caller dials 811, the carriers will translate 811 into the correct 7- or 10-digit number to reach the appropriate One Call center. The FCC concluded that by implementing this requirement it will both simplify call routing and ensure that callers do not incur toll charges as mandated by the statute.
Regarding the switch location, the FCC directed carriers to use either the NPA-NXX or the originating switch to determine the appropriate One Call center to which a call should be routed. The FCC addressed wireline and wireless originating calls. For the wireline-originated calls, the originating switch location or the NPA-NXX will determine the One Call center to which the call is sent. For the wireless-originated calls, the originating Mobile Switch Center will determine the One Call center to which the call is sent. The FCC reasoned that by adopting this approach it gave all carriers the flexibility to utilize the most efficient and cost-effective method for routing calls to appropriate state One Call centers and the approach was competitively neutral.
The FCC also determined that based on the record a reasonable implementation period would be two years from publication of the order in the Federal Register. In addition, the FCC deferred to the expertise of the carriers, in cooperation with the individual states, to develop and determine the most appropriate technological means of implementing 811 access to One Call services, as determined by the carriers' particular network architecture.
The FCC's Sixth Report and Order held that the 811 abbreviated dialing code shall be deployed ubiquitously by carriers throughout the United States for use by all telecommunications carriers, including wireline, wireless and payphone service providers that provide access to state One Call centers. The FCC also held state commissions to be in the best position to address issues associated with implementing the abbreviated dialing arrangement because many of the One Call centers were developed by, or under the auspices of, the state commissions. Thus, pursuant to section 251(e) of the Telecommunications Act of 1996, the FCC delegated authority to the state commissions to address technical and operational issues associated with the implementation of nationwide 811.5
Implementing 811 abbreviated dialing in Pennsylvania will enable individuals and entities to dial only three digits to access our One Call system. The proposed simplified dialing will make the public more inclined to use the One Call system. For these reasons as well as for those addressed in the FCC's analysis in the Sixth Report and Order, implementing the 811 abbreviated dialing is in the public interest.
To assist us with 811 implementation in Pennsylvania, we are hereby requesting comments on the following issues in addition to any others commenters may consider pertinent: (1) guidelines for processes required to implement of 811; (2) attributive methods for cost recovery, if necessary; (3) the best method(s) of notification of the abbreviated dialing code for applicable businesses, industry and utilities (e.g., trade/industry publications in the utility and construction sectors); (4) development of a public/consumer notification program (press releases, directory changes, bill inserts, etc.); (5) requirements regarding input to the Local Exchange Routing Guide (LERG); (6) the need for system testing and/or trial period; and (7) what can and should be done, if anything, about misdials.
Based on comments received the Commission will develop a tentative implementation plan. We request comments and suggestions from interested parties including business and industry, the general public and the statutory advocates;
Therefore,
It Is Ordered That:
1. An original and eight copies of comments regarding Pennsylvania's implementation of national 811 dialing for access to our existing underground facility location system (One Call) shall be filed within 30 days from the date of publication in the Pennsylvania Bulletin. Reply comments shall be filed within 10 days from the close of the comment period. Comments and reply comments should reference the above docket number and be addressed to: Secretary James J. McNulty, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265.
2. This Interim Implementation Order be published in the Pennsylvania Bulletin and a copy be served on all Incumbent Local Exchange Companies (ILECs) and Competitive Local Exchange Companies (CLECs) operating in the Commonwealth, the Pennsylvania Telephone Association, the Central Atlantic Payphone Association, Cellular Telecommunications Industry Association, the Office of Consumer Advocate, and the Office of Small Business Advocate and Pennsylvania One Call, Inc.
3. The contact persons for this proceeding are Kimberly Hafner, Assistant Counsel, Law Bureau, (717) 787-5000 and Anthony Rametta, Bureau of Fixed Utility Services, (717) 787-2359.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 05-2151. Filed for public inspection November 18, 2005, 9:00 a.m.] _______
1 Pipeline Safety Improvement Act of 2002, Pub. L. No. 107-355, § 17, 116 Stat. 2985, 3008 (2002).
2 Under this program, grants are made to states to establish or improve One Call notification systems. Id. at § 6105(c).
3 Pipeline Safety Act, § 17.
4 NANC Recommendation at pp. 1-2; Letter to William Maher, Chief, Wireline Competition Bureau, from Robert C. Atkinson, Chair, North American Numbering Council, dated May 27, 2004. In that letter the NANC indicated, however, that its preferred solution would be for Congress to amend the statute to provide for the establishment of a toll-free number rather than an abbreviated dialing code to access One Call Centers.
5 In the Matter of the Use of N11 Codes and Other Abbreviated Dialing Arrangements Sixth Report and Order, FCC 05-59, CC Docket No. 92-105 (Sixth Report and Order), March 14, 2005, para. 35. Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), amending the Communications Act of 1934, codified at 47 U.S.C. § 251(e).
