Tentative Order [31 Pa.B. 6887] Public Meeting held
November 30, 2001Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Interim Guidelines Establishing Quality of Service Procedures for Jurisdictional Telecommunications Companies; Doc. No. M-00011582F0003
Tentative Order1 By the Commission:
The Commission first promulgated Chapter 63, Telephone Service, 52 Pa. Code §§ 63.1--63.137, on March 25, 1946, and Chapter 64, Standards and Billing Practices for Residential Telephone Service, 52 Pa. Code §§ 64.1--64.213, on November 30, 1984, and has amended both chapters several times thereafter. Since 1984, there has been a marked increase in the number of competitors in the Pennsylvania telecommunications market. Consumers are moving back and forth among the various local (and toll) service providers. As a result, consumers have encountered confusion, delay, and/or interruption of local service in dealing with multiple local service providers (LSPs). Further, Verizon Pennsylvania, Inc., has recently received authority from the Federal Communications Commission (FCC) and this Commission to commence offering in-region long distance service within Pennsylvania. These additional options may result in even more interaction between a customer and multiple LSPs. Accordingly, the Commission proposes to adopt interim guidelines as set forth in Appendix A for the following purposes:
1. To establish uniform procedures for all LSPs to use when handling interfering station conditions.
2. To establish uniform procedures for all LSPs that will allow residential and business customers to retain their telephone lines and numbers when they change LSPs.
3. To address coordination of repair problems when there is an underlying carrier.
By this Tentative Order, the Commission proposes to adopt interim guidelines that will remain in place until a final rulemaking on this subject matter has been completed.
Discussion2
In 1993, competition in the local telecommunications markets in Pennsylvania was initiated through the enactment of Chapter 30 of the Public Utility Code, 66 Pa.C.S. §§ 3001--3009. Moreover, the Telecommunications Act of 1996 (TA-96), as codified in 47 U.C.S.A. § 201, et seq., mandated the opening of local-telephone service competition on a national level. Both the state and federal actions were designed to create customer choice of provider and service. In 1995, this Commission granted the first four Pennsylvania certificates of public convenience for competitive local exchange carrier (CLEC) authority to provide local service. Today, we have approximately 240 active and inactive CLECs, serving approximately 900,000 access lines. These numbers are growing. Consequently, the churn in the local market is increasing daily.
Along with the growth in CLECs, the industry has experienced a divergence in the type and form of services being provided. The growth and divergence have added to the need for updates in our regulations.
These interim guidelines are to address issues relating to interfering stations in conjunction with migration of customers among LSPs, porting, coordination of repair problems when there is an underlying carrier, transfers of customer base among LSPs, and carrier-to-carrier guidelines.3 Our discussion of these issues relates to residential and business customers. All other Commission regulations contained in Chapter 55, Non-Carrier Rates and Practices, Chapter 63, Telephone Service, and Chapter 64, Residential Telephone Service, are applicable to LSPs. It is the responsibility of each LSP to know these requirements and to ensure that it operates in compliance with the regulations. Further, it is not acceptable for a LSP to attempt to transfer to the customer the LSP's responsibility to deal with the underlying carrier when there is a problem with the quality of service being provided.
Interfering Stations.
LSPs and individual customers have complained that pre-existing service prevents the reuse of the existing telephone facilities by a new LSP to serve a new customer at a location where the prior customer abandoned the premises without notifying the old LSP to terminate the telephone service. We find that this practice unfairly causes new customers unnecessary delays and/or expense in obtaining service.
Accordingly, when a LSP (old LSP) receives notice from a new LSP that an interfering station condition exists and the old LSP's prior or present use of the line is the cause of the condition, the old LSP should send a 7-day notice of termination to its listed customer of record at the customer's last known address. The notice must state that there has been a request for new service in the name of a different customer at the location specified in the notice and that, unless notified otherwise, the old LSP will discontinue service in the name of the customer of record 7 days from the date of the notice in order to allow for installation of new local service at the service address. At the end of the 7-day period, if the old LSP has not received any response from the previous customer of record, the old LSP should terminate service to the service address. If the old LSP is not the underlying carrier, the old LSP must arrange to have the service terminated at the end of the 7-day period. The service must be terminated within 24 hours of the end of the 7-day period. Within 24 hours of the termination, the old LSP should notify the new local service provider that the service has been terminated.
The new LSP should complete the installation of the service for the customer consistent with existing regulations and guidelines for primary service orders. Further, as with repair and maintenance issues, the new LSP shall not require the customer to deal with the underlying carrier when there is a problem with the quality of service being provided. The old LSP and the new LSP may be the same carrier, for example, if a customer vacates a premises and the new customer chooses the same LSP as served the prior customer.
Porting.
The FCC has spoken rather clearly on number porting, holding that LECs do not have a proprietary interest in numbers assigned to their customers and, more significantly, that number portability is absolutely critical to the opening of local telecommunications markets to competition. In the Matter of Telephone Number Portability, Old Report and Order and Further Notice of Proposed Rulemaking, CC Docket No. 95-1165, RM 8535, 11 FCC Rcd 8352; 1996 LEXIS 3430, ¶113.
This Commission agrees with the FCC's position. Looking at the energy markets for a parallel, the Commission does not permit a distribution entity to hold an end-user's service line hostage to ensure payment of outstanding bills. While this example corresponds more closely to a LEC refusing to release a local loop for resale or as an UNE than it does to a refusal to port the number, it must, nevertheless, be recognized that LECs do not have a proprietary interest in the telephone numbers assigned to customer users.
Accordingly, this Commission believes that it is appropriate to establish in the interim guidelines that LSPs may not refuse to port a telephone number for customers whose service is suspended or still in service. If, however, the service has been terminated for non-payment, the old LSP may refuse to port the telephone number until the bill is paid or otherwise resolved. Furthermore, in conjunction with the refusal to port the telephone number, a LSP may not refuse to release the local loop or other facilities required to provide service to the premises where service was previously terminated on the basis of the unpaid billing.
Coordination of Repair Problems.
Often times, it is initially unclear where a service problem (or incomplete installation problem) arises and who is responsible for fixing it. Regardless of the cause and effect of the various problems one can encounter in installation, maintenance, and repair of telecommunications services, we feel that it is in the best interest of the customer for the customer to have a single point of contact and to be able to rely on the LSP, rather than having to navigate between the LSP and an underlying carrier, to resolve such problems.
Accordingly, we shall provide that the new LSP shall not require the customer to assume the LSP's responsibility to deal with the underlying carrier when there is a problem with the quality of service being provided.
Transfers of Customer Base.
LSPs on occasion transfer customers among themselves. Transfers of customers between LSPs typically do not require a certificate of public convenience if both carriers are certificated and will remain in operation after the transfer of customers. For any such LSP-initiated transfer, the Commission requires appropriate and timely notice to the affected customers and notice to the Commission prior to the transfer. If such transfers occur because a LSP is ceasing to do business in the Commonwealth, the old LSP must additionally obtain Commission authority to abandon service. In most cases, the affected customers agree to transfer (affirmatively or by inaction) or make alternative arrangements with another LSP. On occasion, a customer with a LSPF may fail to lift the LSPF to allow the transfer to take place. This creates the risk that customers may lose dial tone when the old LSP ceases to service them.
Accordingly, we shall provide that when two LSPs agree to a transfer of customers, the transferring LSP should request that the Commission lift the LSPFs for all customers who have not timely responded to the LSP's notice of intent to transfer. The transferring LSP will provide notice to the affected customers of the request to have the LSPF lifted. If the transfer is necessitated by the abandonment of service by the old LSP, there should be a rebuttable presumption that the LSPF will be lifted upon request. If the transfer is predicated upon other grounds, the burden will be on the old LSP to prove that lifting the LSPF is appropriate. The LSP may satisfy this burden by competent evidence or by stipulation to the necessity of lifting the freeze from the Bureau of Consumer Services and the Office of Consumer Advocate and/or the Office of Small Business Advocate (depending upon customer base). Upon approval of the lifting of the LSPF by the Commission, the old LSP and the new LSP may complete the migration. Upon completion of the migration, the new LSP should reinstate a LSPF unless the customer requests otherwise.
Carrier-to-Carrier Guidelines.
At least one LSP (Verizon Pennsylvania, Inc.) is subject to both State and Federal carrier-to-carrier guidelines. There have been numerous suggestions that all LSPs should be subject to carrier-to-carrier guidelines to manage the transactions between carriers. Such an endeavor is beyond the scope of this order and may be considered by this Commission at some future date.
Accordingly, while recognizing that one LSP is subject to carrier-to-carrier guidelines, we shall not establish additional carrier-to-carrier guidelines at this time but shall require that if any carrier-to-carrier guidelines established by this Commission or the FCC provide a more explicit or a narrower window for performance, then such carrier-to carrier guidelines will control for LSPs subject to them.
Conclusion
We are hereby proposing by this Tentative Order Interim Guidelines to be in effect pending the promulgation of final regulations at a separate docket. These guidelines, when finalized after the receipt of public comment, are intended to provide guidance to LSPs and underlying carriers when addressing quality of service issues.
To accommodate public comment on these tentative interim guidelines, we will direct that this order be published in the Pennsylvania Bulletin and will establish a 10-day comment period from the date of publication. We urge that all interested persons file comments as soon as possible. Note that reply comments will not be permitted. Accordingly, comments should address all relevant issues including the identification of the additional costs, if any, that are anticipated to be incurred by the industry to comply with these interim guidelines. Additional costs are those that are in excess of the current costs to comply with similar existing State and Federal requirements; Therefore,
It Is Ordered That:
1. Voluntary Interim Guidelines re Quality of Service, Annex A to this Tentative Order, are hereby proposed to establish uniform procedures for all LSPs to use when handling interfering station conditions, to establish uniform procedures for all LSPs that will allow residential and business customers to retain their telephone lines and numbers when they change LSPs, and to address coordination of service problems when there is an underlying carrier. These guidelines, once finalized, are intended to remain in place pending the conclusion of a formal rulemaking to promulgate mandatory regulations.
2. This Tentative Order, including Annex A, be published in the Pennsylvania Bulletin and that a comment period ending 10 days after the date of publication is hereby established.
3. Written comments, an original and 15 copies, shall be submitted to the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. A copy of these comments should be submitted at that same address to the technical and legal contact persons listed below, and to Sherri DelBiondo, Regulatory Coordinator. A diskette containing the comments in electronic format (Word or compatible program) must also be submitted. Comments should specifically reference the docket number and folder number of this Tentative Order. No reply comments will be permitted.
4. A copy of this order and any accompanying statements of the Commissioners be served upon all jurisdictional local exchange carriers, the Pennsylvania Telephone Association, the Pennsylvania Cable and Telecommunication Association, the Office of Consumer Advocate, the Office of Small Business Advocate, and the Office of Trial Staff; be posted on the Commission's web site at puc.paonline.com; and be made available to all other interested parties.
5. The contact persons for this matter are David Lewis, Consumer Services, (717) 783-5187, and Louise Fink Smith, Law Bureau, (717) 787-8866.
6. A final order shall be issued subsequent to the receipt and evaluation of any comments filed in accordance with this Tentative Order.
JAMES J. MCNULTY,
SecretaryAnnex A Interim Guidelines For
Quality of ServiceI. Statement of Purpose, Application, and Effect.
A. Purpose. The purpose of these interim guidelines is to ensure that residential and business customers of all local service providers (LSPs) receive quality telephone service. Specifically, these interim guidelines address the following:
(1) To establish uniform procedures for all LSPs to use when handling interfering station conditions.
(2) To establish uniform procedures for all LSPs that will allow residential and business customers to retain their telephone lines and numbers when they change LSPs.
(3) To address coordination of repair problems when there is an underlying carrier.
B. Application. These guidelines apply to all LSPs.
C. Effect of guidelines. The requirements contained in these interim guidelines are intended to be consistent with and to augment 52 Pa. Code, Chapters 55, 63, and 64, Non-Carrier Rates and Practices, Telephone Service, and Standards and Billing Practices for Residential Telephone Service, respectively.
II. Definitions.
The following words and terms in these guidelines, as well as companion guidelines concerning Abandonment of Service, Changing Local Service Providers, and Customer Information, have the following meanings unless the content clearly indicates otherwise:
Discontinuance of service--The temporary or permanent cessation of service upon the request of a customer.
Interfering station--Pre-existing service that prevents the reuse of the existing telephone facilities by a new local service provider to serve a new customer at a location where the prior customer abandoned the premises without notifying the old local service provider to disconnect the telephone service. The old local service provider and the new local service provider may be the same company.
Local service--Calling capacity between points within the community in which a customer lives. Local service includes the customer's local calling plan, dial tone line, touch-tone, directory assistance, Federal line cost charge, PA Relay Surcharge, Federal Universal Service Fund, local number portability, and 9-1-1 emergency service.
Local service provider (LSP)--A company, such as a local exchange carrier, that provides local service and may also provide other telecommunications services.
Local service reseller--A local service provider that resells part or all of another company's wholesale telephone services to provide local service to consumers.
Migration--The movement of an end-user customer from one local service provider to another local service provider.
Porting--The process of moving a customer's telephone number from one local service provider to another local service provider.
Underlying carrier--A company that owns or has access to transport and/or switching and/or other facilities and sells access to such services to a local service provider such that the local service provider can provide local service. The underlying carrier may also be a local service provider.
III. Migration of Local Service.
Ninety-five percent of all primary service orders requesting the migration of local service from one LSP to another LSP should be completed within 10 working days of receipt of the request for service by the new LSP.
IV. Interfering Station Termination Procedures.
A. Notice Provisions.
(1) When an old LSP receives notice from a new LSP that an interfering station condition exists and the old LSP's prior or present use of the line is the cause of the condition, the old LSP should send a 7-day notice of termination to its listed customer of record at the customer's last known address.
(2) The notice must state that there has been a request for new service in the name of a different customer at the location specified in the notice.
(3) The notice must state that, unless notified otherwise, the LSP that sent the notice (i.e., the old LSP) will terminate service in the name of the customer of record 7 days from the date of the notice in order to allow for installation of new local service at the service address.
B. Duty of the old LSP.
(1) At the end of the 7-day period, if the old LSP has received no response from the previous customer of record, the old LSP should terminate service to the service address.
(2) If the old LSP is not the underlying carrier, the old LSP must arrange to have the service terminated at the end of the 7-day period.
(3) The service must be terminated within 24 hours of the end of the 7-day period.
(4) Within 24 hours of the termination, the old LSP should notify the new LSP that the service has been terminated.
C. Duty of the new LSP.
(1) The new LSP should complete the installation of the service for the customer consistent with existing regulations and guidelines for primary service orders.
(2) The new LSP shall not require the customer to assume the LSP's responsibility to deal with the underlying carrier when there is a problem with the quality of service being provided.
V. Number Porting.
A. Responsibility of the Old LSP.
(1) Upon notification by a new local service provider that the customer has applied for service from the new LSP, the old LSP should release the customer's telephone line and number to the new LSP.
(2) If the request for migration of local service is processed in accordance with state and federal requirements, the old LSP may not refuse to execute a customer's request to change basic service or refuse to port a customer's phone number even under the following circumstances so long as the customer's account is not terminated:
(a) For a customer's failure to pay a delinquent bill.
(b) For a customer's failure to keep the terms of a contract.
(c) Exception to prohibition: If an account has been terminated for non-payment of billing for local service, the old LSP may refuse to port the telephone number until the bill is paid or otherwise resolved.
(d) Limitation on exception to prohibition: The old LSP may not, however, refuse to release the local loop or other facilities required to provide service to the premises where service was previously terminated on the basis of the unpaid billing.
VI. Repair Problems.
The new LSP shall not require the customer to assume the LSP's responsibility to deal with the underlying carrier when there is a problem with the quality of service being provided.
VII. Transfer of Customer Base (Involuntary Migration).
A. See the interim guidelines on Local Service Provider Abandonment Process for details on the abandonment process.
B. These interim guidelines address the transfer of customers between LSPs. For any such LSP-initiated transfer, the Commission does require appropriate and timely notice to the affected customers and notice to the Commission prior to the transfer. If such transfers occur because a LSP is ceasing to do business in the Commonwealth, the old LSP must additionally obtain Commission authority to abandon service.
(1) In most cases, the affected customers agree to transfer (affirmatively or by inaction) or make alternative arrangements with another LSP. On occasion, a customer with a LSPF may fail to lift the LSPF to allow the transfer to take place. When two LSPs agree to a transfer of customers, the transferring LSP may request that the Commission lift the LSPFs for all customers who have not timely responded to the LSP's notice of intent to transfer. The transferring LSP will provide notice to the affected customers of the request to have the LSPF lifted.
(2) If the transfer is necessitated by the abandonment of service by the old LSP, there should be a rebuttable presumption that the LSPF will be lifted upon request. If the transfer is predicated upon other grounds, the burden will be on the old LSP to prove that lifting the LSPF is appropriate. The LSP may satisfy this burden by competent evidence or by stipulation to the necessity of lifting the freeze from the BCS and the OCA and/or OSBA (depending upon customer base). Upon approval of the lifting of the LSPF by the Commission, the old LSP and the new LSP may complete the migration.
VIII. Carrier-to Carrier Guidelines.
For any LSP subject to State or Federal carrier-to-carrier guidelines, if the carrier-to-carrier guidelines provide a more explicit or a narrower window for performance, the carrier-to-carrier guidelines shall control for that LSP.
[Pa.B. Doc. No. 01-2255. Filed for public inspection December 14, 2001, 9:00 a.m.] _______
