2251 Proposal of Verizon Pennsylvania, Inc. and Verizon North Retain Co. to modify residential white pages directory distribution process
PENNSYLVANIA PUBLIC UTILITY COMMISSION Proposal of Verizon Pennsylvania, Inc. and Verizon North Retain Co. to Modify Residential White Pages Directory Distribution Process [40 Pa.B. 6757]
[Saturday, November 20, 2010]Public Meeting held
November 4, 2010Commissioners Present: James H. Cawley, Chairperson, Concurring in Result Only; Tyrone J. Christy, Vice Chairperson; John F. Coleman, Jr.; Wayne E. Gardner; Robert F. Powelson
Proposal of Verizon Pennsylvania, Inc. and Verizon North Retain Co. to Modify Residential White Pages Directory Distribution Process; P-2010-2198820 Order By the Commission:
On September 2, 2010, Verizon Pennsylvania, Inc. and Verizon North Retain Co. (''Verizon PA'' and ''Verizon North'' individually and ''Verizon'' collectively) advised this Commission that, effective January 1, 2011, Verizon intends to cease routinely providing paper copies of Verizon's residential White Pages directories absent a specific request for the directories in that format. On September 22, 2010, this Commission opened a comment period on the Verizon proposal. On October 18, 2010, the Office of Consumer Advocate (OCA) filed comments generally in support of the proposal but requested that certain conditions be imposed. No other comments or answers were received. On October 25, 2010, Verizon filed reply comments addressing OCA's comments.
Upon review, we determine that a waiver of 52 Pa. Code § 63.21 is not required in order for Verizon to implement the proposal. However, prior to implementing the change, Verizon must provide adequate notice, pursuant to Sections 102 and 1501 of the Public Utility Code, 66 Pa.C.S. §§ 102 and 1501, to customers and others that rely on the paper copy residential White Pages directories.
Background On September 2, 2010, Verizon advised this Commission by letter that, effective January 1, 2011, it intends to cease routinely providing paper copies of Verizon's residential White Pages directories. Verizon intends to provide the residential listing information primarily through its website but alternatively will provide paper copies of the residential White Pages directories or CD-ROMs with the residential listing information, free of charge, upon request. Thus, customers and other entities that want paper copies of residential White Pages listing information will need to opt-in to delivery of the paper copy residential White Pages directories or the CD-ROMs. Under the proposal, Verizon will significantly reduce the nearly 12 million yearly paper copies of Pennsylvania residential White Pages directories. Verizon characterizes this as an environmentally friendly initiative desired or favored by its customers. On September 22, 2010, our Secretarial Letter opened a comment period on the Verizon proposal.
On October 18, 2010, OCA filed comments generally in support of the proposal, subject to certain conditions that OCA requested the Commission to impose. In particular, OCA requested a one-year delay in implementation and that non-delivery of the directories be on an opt-out basis. OCA also requested additional information regarding details of customer notice. No other comments or answers were received. On October 25, 2010, Verizon filed reply comments addressing OCA's comments. Verizon and OCA have both noted that telecommunications entities in several neighboring states (including Delaware, New Jersey, and New York) have implemented or proposed implementing similar programs.
Thus, the issues before us are:
• Whether a waiver of Section 63.21 is required for Verizon to implement the proposal which will significantly reduce or eliminate delivery of residential White Pages listings in paper copy format; and
• Whether the customer notice planned by Verizon is adequate to advise consumers regarding this change to their service.
Discussion Verizon asserts in its October reply comments that Section 63.21 does not mandate delivery of paper copy residential White Pages directories and that, therefore, no waiver or approval from this Commission is required prior to implementation of the proposal. Verizon notes that OCA did not suggest in its comments that a waiver of Section 63.21 or permission from the Commission was required. According to Verizon, OCA's comments focused on customer notification without implying that there were any requirements that a paper copy residential White Pages directory be delivered.
Section 63.211 of our regulations provides as follows:
§ 63.21. Directories.
(a) When a directory is provided by the public utility, it shall be revised and reissued at sufficiently frequent intervals to avoid serious inconvenience to the public. A satisfactory length for a directory period shall be determined by the volume of changes and new listings and the facilities available for supplying new numbers to calling parties and for intercepting calls to numbers which have been changed.
(b) One copy of each new directory issue shall be furnished to each subscriber and one copy sent to the Commission by the issuing public utility at the time of its distribution to subscribers.
(c) A directory shall contain the following:
(1) The name of the issuing public utility.
(2) The month and year issued.
(3) A statement of the area covered by the directory.
(4) Necessary instructions to enable users to place calls efficiently, including, but not limited to, telephone company local, toll, emergency and operator-assistance calls. Necessary instructions to transact business with the telephone company, such as payment of bills, ordering changes in service and reporting service difficulties.
(5) A separate section containing social service organization, school and government listings.
(d) A name shall be listed in a directory only if the following conditions are met:
(1) It leads to a positive and particular identification of a party.
(2) It is a name the party legally is authorized to use.
(3) It is a name used by the party in the community.
(4) It is a name which is not misleading, deceptive or confusing.
(e) Upon receiving a customer complaint alleging misleading, deceptive or confusing directory listings, a public utility shall investigate the complaint under § 63.15 (relating to complaint procedures). If the utility determines that a directory listing is misleading, deceptive or confusing, the utility shall delete the listing from future directories. After reaching its decision the public utility shall advise interested parties in writing of its opinion and shall inform them of the right to file a complaint with the Commission.
Upon review, we determine that a waiver of Section 63.21 is not required in order for Verizon to implement the proposal.2 Section 63.21 does not specify a method for the delivery of the residential White Pages listing information. There is no prescription that the listing information be in paper copy format. Absent such a prescription, there is no need for a waiver should a carrier wish to alter its method of providing white pages information so long as the alternate method is reasonable, safe, adequate, and efficient, subject to adequate notice to its customers. Accordingly, the Commission finds that providing White Pages directory information through Verizon's web site and, if requested, by providing paper copies of the residential White Pages directories or CD-ROMs with the listings, at no charge, is a reasonable, adequate, and efficient means of providing White Pages information to customers.
However, because residential White Pages listings information has been an element of the jurisdictional service3 provided by Verizon to its customers for decades and because Verizon proposes to substantially alter the means by which the residential White Pages listings information is to be provided, Verizon is obligated to provide adequate customer notice regarding that change in service and the options available to customers who wish to continue to receive residential White Pages in the printed format. Under Section 1501 of the Public Utility Code, Verizon is obligated to provide reasonable, efficient and adequate service. The provision of White Pages directory information is a long-standing component of Verizon's service, and, as such, Verizon must provide adequate notice of this change to customers and others that rely on the paper copy residential White Pages directories. Indeed, while many customers now rely on web-based or other electronic means to obtain the information contained in the residential White Pages directories, not all customers desire or have access to those alternative electronic means of accessing the directory.
Accordingly, having previously provided paper copy residential White Pages directories to all of its customers as part of its telephone public utility service, Verizon may not substantially change that element of its service without reasonable and adequate notice to its customers and the Commission. Therefore, the Commission will review OCA's comments and determine whether Verizon's plans for customer notice in regard to the discontinuance of the paper copy residential White Pages directories are adequate.
OCA suggested a number of modifications to the customer notification that Verizon described in its September 2, 2010 letter. See OCA Comments at 11. Verizon asserts that many of OCA's suggestions are already covered in Verizon's plans. Verizon will utilize various media in its notification process, including press releases, bill messages, printed messages on the front cover of the yellow pages directories, a letter from SuperMedia4 at the front of the yellow pages directories explaining how to request a free paper copy residential White Pages directory or a CD-ROM with the residential listings, and a notice on SuperMedia's web site.5 Citing the significant environmental benefits of eliminating the tons of unused directories, Verizon has further requested that this Commission utilize its own web site and public relations department to educate customers on the plans as a supplement to Verizon's own efforts.
Verizon's plans for notifying its customers and others of the proposed change include customer bill inserts and for notices to be included with the paper copies of the business listings directories that will continue to be delivered. Having reviewed the proposed bill insert, the notices, and the letter from SuperMedia, we are not persuaded that the content of the insert and notices/letter is sufficient. We do not believe that the notice of this change should be used as a vehicle for advertising the ease of access to or the use of commercial yellow pages. Further, the message should come from (or at least significantly mention) Verizon; a message from Super- Media could be easily overlooked. Accordingly, Verizon will be directed to consult with the Commission's Bureau of Consumer Services (BCS), the Office of Communications, and the Law Bureau to develop appropriate language and placement of notices and inserts.6
In its comments, OCA also expressed concern about ensuring the continued paper distribution of emergency numbers, government listings and various customer education materials. See OCA comments at 4. Verizon responds that this information will be contained in the ''Consumer Guide Pages''7 and governmental listing pages of the yellow pages directory that will still be distributed to all customers by SuperMedia.
We note that Section 64.191(g) of our regulations also requires that certain information be included in directories. In particular, Section 64.191(g)8 specifies that
In addition to the notice requirements set forth in this chapter, . . . each LEC [(local exchange carrier)] shall prepare a summary of the rights and responsibilities of the LEC and its customers under this chapter. This written information shall be subject to Commission review and approval and shall be reproduced by the LEC, displayed prominently, available at LEC locations open to the general public, printed in each telephone directory, and made available to each customer. Thereafter, the information shall be delivered or mailed to each new customer when service begins and shall be available at all times upon request. The written information shall indicate conspicuously that it is being provided in accordance with this chapter and shall contain information including, but not limited to, the following:
(1) Billing procedures.
(2) Methods of customer verification of billing accuracy.
(3) Payment requirements and procedures.
(4) Security deposit and guarantee requirements.
(5) Procedures for suspension, termination and reconnection of service.
(6) Dispute, informal complaint and formal complaint procedures.
(7) Third-party notification procedures.
(8) Telephone numbers and addresses of the LEC and of the nearest Regional Office of the Commission where further inquiries may be made.
(9) Definitions of terms or abbreviations used by the telephone company on its bills.
Verizon's plan to curtail the automatic delivery of paper copies of residential White Pages directories does not relieve it of the obligation imposed by Section 64.191(g). With the cessation of routine delivery of paper copies of residential White Pages directories, this information will now also need to be on Verizon's web site and in the CD-ROMs and the paper copies of the White Pages directories that it delivers on request. Additionally, the information will need to be included in the business White Pages directories that Verizon will continue to deliver routinely.
OCA also asked about multi-year distributions. OCA comments at 3 and 12. Verizon responds that it plans to treat a request for a printed directory as a ''standing order'' to get a new paper directory each year without requiring yearly follow-up requests. We find this to be sufficient.
Additionally, OCA queried how new customers will be informed. OCA comments at 3 and 12. Verizon plans to educate new customers on the option to request a free paper copy residential White Pages directory or CD-ROM with the listings. Verizon does not, however, plan to automatically provide a new customer with a paper copy residential White Pages directory as the customer will have had the option to request a paper copy residential White Pages directory or CD-ROM when the service was ordered. We find this to be sufficient.
Verizon does not agree with all of OCA's suggestions. Most notably, OCA would delay implementation until January 1, 2012. See OCA Comments at 3 and 9. OCA would also prefer delivery (rather than non-delivery) to be standard practice. According to Verizon, either approach would be ''wasteful in the extreme.'' Verizon contends that OCA did not offer any legal justification or factual support for either condition.
We agree with Verizon that there is no need to delay implementation until January 1, 2012. We also are persuaded that the ability to request paper copy residential White Pages directories or CD-ROMs is adequate and will not mandate that directories be delivered unless an entity specifies ''no delivery.''
Any jurisdictional telecommunications entity that wishes to implement a similar plan must provide notice to the Commission detailing its proposed process to eliminate distribution of paper copies of its residential directories. Such proposals will be reviewed by Commission and will be subject to the conditions and considerations of this order.
This matter does not involve a change in statute or regulation, nor does it constitute a waiver of Commission regulations. Thus, this order does not have the effect of a change in law. Therefore, any existing contracts, such as interconnection agreements, between Verizon and other carriers or entities will not be affected by the terms of this order, and such contracts will remain in full force and effect with regard to any contract terms related to White Pages distribution.
Conclusion Under these facts, the Commission finds, pursuant to its authority under 66 Pa.C.S. § 3019(b)(2), that Verizon's proposal to eliminate automatic delivery of residential White Page directories in paper copy format, concurrent with the commitments that it has made in conjunction with the proposal, does not require a waiver of 52 Pa. Code § 63.21. We further find that the commitments that Verizon has made in conjunction with the proposal constitute adequate, efficient, safe, and reasonable service consistent with 66 Pa.C.S. §§ 102 and 1501. We do note some inadequacies in the language of the customer notice that Verizon has proposed and shall direct Verizon to consult with BCS and the Law Bureau to develop appropriate language for the bill inserts and notice to customers regarding the planned change in service. Should other jurisdictional telephone entities wish to propose changing their directory distribution procedures similar to the changes proposed by Verizon, they should provide notice to this Commission, OCA, and OSBA. Additionally, they should conform to the applicable ordering paragraphs of this Order relative to notice and compliance with Section 64.191; Therefore,
It Is Ordered That:
1. The plan of Verizon Pennsylvania, Inc. and Verizon North Retain Co. to cease routinely providing paper copies of residential White Pages directories, absent a specific request for the directories, and to provide White Pages information by alternative means does not require a waiver of 52 Pa. Code § 63.21.
2. If a waiver were deemed to be required, Verizon Pennsylvania, Inc. and Verizon North Retain Co. have presented adequate notice and justification to support a waiver of 52 Pa. Code § 63.21.
3. The methods detailed by Verizon Pennsylvania, Inc. and Verizon North Retain Co. for informing customers regarding the planned change in service and the options available to customers are consistent with their obligations under 66 Pa.C.S. §§ 102 and 1501 relative to service and adequate customer notice.
4. Verizon Pennsylvania, Inc. and Verizon North Retain Co. shall consult with the Commission's Bureau of Consumer Services, the Office of Communications, and the Law Bureau to develop appropriate language for the customer notice and bill inserts.
5. Verizon Pennsylvania, Inc. and Verizon North Retain Co. shall provide the information required by 52 Pa. Code § 64.191(g) consistent with this order.
6. Should other jurisdictional telephone entities propose to change their directory distribution procedures similar to the changes proposed herein, they should provide notice to this Commission, the Office of Consumer Advocate, and the Office of Small Business Advocate and conform to Ordering Paragraphs 4 and 5 of this Order.
7. A copy of this order be provided to the Pennsylvania Telephone Association (PTA) and to the Pennsylvania Emergency Management Authority (PEMA).
8. A copy of this order be published in the Pennsylvania Bulletin.
ROSEMARY CHIAVETTA,
Secretary[Pa.B. Doc. No. 10-2251. Filed for public inspection November 19, 2010, 9:00 a.m.] _______
1 The provisions of 52 Pa. Code § 63.21 were adopted March 25, 1946; amended through June 30, 1969; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394.
2 If a waiver had been warranted, we find that Verizon has demonstrated adequate justification for a waiver of Section 63.21. Consumers have numerous and varied means to obtain White Pages directory information. Verizon will continue to provide this information on its web site and, upon request, via a paper copy of the White Pages directory or on a CR-ROM. Under these circumstances, continuing to provide White Pages directories in paper format to customers that may not want them would be wasteful. Moreover, as explained by Verizon, it has provided for customers to nevertheless receive paper copies of the directory if so desired at no charge.
3 Section 102 of the Public Utility Code provides that ''[s]ervice, used in its broadest and most inclusive sense, includes any and all acts done, rendered, or performed, and any and all things furnished or supplied . . . by public utilities . . . in the performance of their duties under this part to their patrons . . . and the public . . .'' The provision of alphabetical white pages directories has long been a element of the telephone public utility service provided to customers by Verizon and its corporate predecessors. Felix v. Pa. PUC, 146 A.2d 347 (Pa. Super. 1959).
4 SuperMedia is a third-party, independent directory publisher and will handle the order-taking and delivery of the paper copy White Pages directories and CD-ROMs.
5 Verizon provided copies of the notices with its October 25, 2010, reply comments.
6 The Verizon proposal will stop distribution of Verizon directories to customers of rural LECs (RLECs) and competitive LECs (CLECs). If customers of RLECs and CLECs wish to continue to receive paper copies of Verizon residential White Pages directories, those customers will need to call SuperMedia. These RLECs and CLECs will need to provide notice to their customers of the cessation of paper copies and the procedure of alternate access to listings as well for reinstating delivery of paper copies of the directories. These customer notices and bill inserts will be subject to review by Commission staff.
7 Verizon has not proposed any changes to the Customer Guide Pages. Verizon intends to include it, in its entirety, in paper copies of the business White Pages directories that Verizon will continue to deliver routinely to customers and other persons.
8 Initially promulgated in 1985, 14 Pa.B. 4354, 52 Pa. Code § 64.191 was amended in 1995, 25 Pa.B. 2887, and in 1998, 28 Pa.B. 3394 and 30 Pa.B. 2028.
