Order Granting Competitive Classification [45 Pa.B. 1586]
[Saturday, March 28, 2015]Joint Petition of Verizon Pennsylvania, LLC and Verizon North, LLC for Competitive Classification of All Retail Services in Certain Geographic Areas and for a Waiver of Regulations for Competitive Services; P-2014-2446303 and P-2014-2446304 The Pennsylvania Public Utility Commission (Commission) on February 26, 2015, adopted an Opinion and Order that granted, in part, the Joint Petition of Verizon Pennsylvania, LLC and Verizon North, LLC (Companies) requesting competitive classification of all retail services in certain geographic areas under 66 Pa.C.S. § 3016(a) (relating to competitive services), and seeking an 11-year waiver of parts of 52 Pa. Code Chapter 63 (relating to telephone service) and all of 52 Pa. Code Chapter 64 (relating to standards and billing practices for residential telephone service). A copy of the Order and the Errata to the Order, which contains one Statement and two Dissenting Statements from the Commissioners, can be found on the Commission's web site as follows:
Order: http://www.puc.pa.gov//pcdocs/1348740.docx
Errata to Order http://www.puc.pa.gov//pcdocs/1345907.pdf
In partially granting the joint petition, the Commission granted competitive classification to basic local exchange service and all other retail services offered by the Companies within 153 of their 504 wire centers encompassing the most urban areas of this Commonwealth in the Philadelphia, Erie, Scranton/Wilkes-Barre, Harrisburg, Pittsburgh, Allentown and York service regions. See Appendix A to this notice. The Companies had petitioned for a competitive classification in 194 wire centers in the previously-stated service regions.
In those areas that have been determined to be competitive, the Companies will be permitted to price basic local exchange services and associated local retail services at their discretion and without approval by the Commission. Instead of tariffs, the Order requires that the Companies maintain price lists including dial-tone and usage rates for their basic local exchange services with the Commission and post the information on the Companies' web site. The Companies will be permitted to file, upon 1 day's notice, price changes for their basic local exchange services and associated local retail services in those wire centers determined to be competitive. However, when any changes to retail prices in the affected wire centers are made, the Companies must provide 30 days' advance notice to retail customers about the change. Similarly, when any changes to those rates are made, the Companies must provide 30 days' advance notice to competitive local exchange carriers purchasing discounted local service in the affected wire centers.
In addition, in those same wire centers determined to be competitive, the Commission granted the Companies certain waivers of 52 Pa. Code Chapters 63 and 64 pertaining to telephone and residential telephone service. See Appendices B and C to this notice. The waivers were granted temporarily for 5 years or earlier upon the completion of a Commission rulemaking proceeding. In addition, the Commission directed the Companies to track data that is pertinent to the Commission's review of affordability of basic service and quality of service in the competitive areas. These waivers also were extended to all competitive local exchange carriers operating in those service regions that have been determined to be competitive. Finally, the Commission directed that a rulemaking docket be opened to revise and amend 52 Pa. Code Chapters 63 and 64 to address the status of these chapters for noncompetitive and competitive services on a permanent and industry wide basis.
In accordance with the Order, the Companies must maintain their obligations to serve as the carriers of last resort in all competitive wire centers. The Commission will continue to retain jurisdiction over quality of service standards that address the safety, adequacy, reliability and privacy of telecommunications services and the ordering, installation, suspension, termination and restoration of any telecommunication service of Verizon Pennsylvania, LLC and Verizon North, LLC in those wire centers determined to be competitive. The ability of a customer to file a complaint with the Commission about the Companies' services and practices is also retained.
Finally, customers in the affected wire centers will receive both general (newspaper) and personal (bill stuffer) advance notice by the Companies regarding the change in regulatory status.
ROSEMARY CHIAVETTA,
SecretaryAppendix A Wire Centers in Verizon's Petition Area that are granted competitive reclassification Wire Center CLLI ALLENTOWN PA ALTWPAAL ALLENTOWN-PITT PA PITBPAAL AMBLER PA AMBLPAAM AMBRIDGE PA AMBRPAAM AVONDALE PA AVDLPAAV BADEN PA BADNPABA BALA CYNWYD PA BCYNPAVBC BALDWIN PA PHLAPABA BEAR CREEK PA BRCKPAES BELLEVUE PA BLLVPABE BETHLEHEM PA BHLHPABE BRADDOCK PA BRDDPABR BRIDGEVILLE PA BGVLPABR BRISTOL PA BRSTPABR BUCKINGHAM PA BCHMPABU CAMP HILL PA CPHL PACH CARNEGIE PA CARNPACA CARRICK PA PITBPACA CARVERSVILLE PA CRVVPACA CATASAUQUA PA CTSQPACT CENTER POINT PA CNPNPACE CHESTER B PA CHESPACB CHESTER HEIGHTS PA CHTTPACT CHESTER SPRINGS PA CSSPPACS CHESTNUT HILL PA PHLAPACH CLAIRTON PA CLRTPACL COATESVILLE PA CTVLPACV COLLEGEVILLE PA CGVLPACL CONSHOHOCKEN PA CNSHPACN CORAOPOLIS PA CPRPLPACO CRAFTON PA CRAFPACR DAUPHIN PA DAPHPADA DAVENPORT PA PHLAPADB DEWEY PA PHLAPADE DORMONT PA DRMTPADO DORSEYVILLE PA DRVLPADO DOVER DOVRPAXD DOWNINGTOWN PA DWTWPADT DOWNTOWN PA PITBPADT DOYLESTOWN PA DYTWPADB EAGLE PA EAGLPAEG EAST LIBERTY PA PITBPAEL EASTON PA ESTNPAEA EASTWICK PA PHLAPAEW ELIZABETH TOWNSHIP PA ELZTPAET EMMAUS EMMSPAXE ERIE EAST ERIEPAXE ERIE MAIN ERIEPAXM ERIE SOUTH ERIEPAXS ERIE SOUTHEAST ERIEPAXT ERIE WEST ERIEPAXW EVERGREEN PA PHLAPAEV EXTON PA EXTNPAEX FAIRVIEW FRERPAXF FISHING CREEK PA FSCKPAFC GERMANTOWN PA PHLAPAGE GLENMOORE PA GLNMPAGL GLENOLDEN PA GLLDPAGN GLENSHAW PA GLNSPAGL GREEN LANE PA GRLAPAGL HARLEYSVILLE PA HRLVPAHV HARRISBURG PA HRBGPAHA HELLERTOWN PA HLTWPAHE HERSHEY HRSHPAXH HOMESTEAD PA HMSTPAHO HUMMELSTOWN PA HUMLPAHM IMPERIAL PA IMPRPAIM IRWIN PA IRWNPAIR IVYRIDGE PA PHLAPAIV JEFFERSON PA PHLAPAJE KEMBLESVILLE PA KMVLPAKV KENNETT SQUARE PA KNSQPAKS KING OF PRUSSIA PA KGPRPAKP KINGSTON PA KGTNPAES KIRKLYN PA KRLNPAKL KNIGHTS ROAD PA PHLAPAKR KUHNSVILLE PA KHVLPAKU LANDENBERG PA LDNBPALB LANSDOWNE PA LNSDPALD LINE LEXINGTON PA LNLXPALN MARKET PA PHLAPAMK MAYFAIR PA PHLAPAMY MCKEES ROCKS PA MCRKPAMR MCKEESPORT PA MCPTPAMK MCMURRAY PA MCMRPAMC MEDIA PA MEDIPAME MENDENHALL PA MNDNPAMH MIDLAND PA MDLDPAMI MILLVALE PA MLVAPAMI MORRISVILLE PA MRSLPAMV MOUNTAINVILLE PA ALTWPAMT NEW HOPE PA NWHPPANH NEW KENSINGTON PA NWKNPANK NEWTOWN PA NWTWPANW NORRISTOWN PA NRTWPANR OAKDALE PA OKDLPAOA OAKLAND PA PITBPAOK OAKMONT PA OKMTPAOA OLYPHANT PA OLYPPAOL ORCHARD PA PHLAPAOR PAOLI PA PAOLPAPA PAXTANG PA PXTGPAPG PAXTONIA PA PXTNPAPA PENN HILLS PA PEHLPAPH PENNSBURG PA PNBGPAPB PENNYPACKER PA PHLAPAPE PERKASIE PA PRKSPAPE PERRYSVILLE PA PYVLPAPE PHOENIXVILLE PA PXVLPAPV PILGRIM PA PHLAPAPI PINEVILLE PA PIVLPAPV PLEASANT HILLS PA PLHSPAPH PLUMSTEADVILLE PA PSVLPAPV PLYMOUTH PA PLMOPAPL POPLAR PA PHLAPAPO POTTSTOWN PA PTTWPAPT PUGHTOWN PA PGTWPAPT RED LION RDLNPAXR REGENT PA PHLAPARE REIGELSVILLE PA RGVLPARI RIDLEY PARK PA RDPKPARP ROBINSON TWP PA RBTPPART ROCHESTER PA ROCHPARC ROYERSFORD PA RYFRPARF SARATOGA PA PHLAPASA SCHWENKSVILLE PA SCHWPASV SCRANTON PA SCTNPASC SEWICKLEY PA SWKYPASE SHARPSBURG PA SHSAPASH SHERWOOD PA PHLAPASH SOUDERTON PA SDTNPASD SPRINGDALE PA SPDLPASP SPRINGFIELD PA SPFDPASF SPRINGTOWN PA SPTWPASP SQUIRREL HILL PA PITBPASQ STEELTON PA SLTNPAST TAYLOR PA TAYLPATA TROOPER PA TRPRPATR WARRINGTON PA WGTNPAWR WAVERLY PA PHLAPAWV WAYNE PA WAYNPAWY WEST CHESTER PA WCHSPAWC WEST MIFFLIN PA WMFLPAWM WEST VIEW PA WSVWPAWE WILKES BARRE PA WLBRPAWB WILKINSBURG PA WKBGPAWK WILLOW GROVE PA WLGRPAWG WYOMING PA WYNGPAWY YARDLEY PA YRDLPAYL YORK EAST YORKPAXE YORK MAIN YORKPAXM YORK NORTH YORKPAXN ZELIENOPLE PA ZLNPPAZE Appendix B Sections of 52 Pa. Code Chapter 63 That are Waived in Wire Centers in
Verizon's Petition Area That are Granted Competitive ReclassificationSubchapter Sections B Section 63.12 (Minimizing interference and inductive effects)
Section 63.16 (Traffic measurements)
Section 63.17 (Reserved)
Section 63.18 (Multiparty line subscribers)
Section 63.19 (Interoffice lines)
Section 63.21 (Directories)
Section 63.23 (Construction and maintenance safety standards for facilities)*
Section 63.24 (Service interruptions)
*Waiver is conditioned upon the requirement that Verizon shall construct and maintain its public utility equipment, facilities, and wire or cable crossings in accordance with the safety standards set forth in the current National Electrical Safety Code.C Section 63.31 (Classification of public utilities)
Section 63.32 (System of accounts)
Section 63.33 (Integrity of reserve accounts to be preserved)
Section 63.34 (Reclassification of telephone plant to original cost)
Section 63.35 (Preservation of records)E Section 63.51 (Purpose)
Section 63.52 (Exceptions)
Section 63.53 (General provisions)
Section 63.54 (Record retention)
Section 63.55 (Surveillance levels)
Section 63.56(a)—(e) (Measurements)
Section 63.58 (Installation of service)*
Section 63.59 (Operator-handled calls)**
Section 63.60 (Automatic Dialing Announcing Devices (ADAD))
Section 63.61 (Local dial service)
Section 63.62 (Direct distance dial service)
Section 63.63 (Transmission requirements and standards)
Section 63.64 (Metering inspections and tests)
Section 63.65 (Safety)
*Waiver granted conditionally upon the requirement that Verizon include in its Product Guide applicable to competitive services, its rules regarding the timing of service installations and any commitments that Verizon is willing to make to customers on the subject.
**Pursuant to a prior ruling, a waiver is already in place for Section 63.59(b) until a rulemaking is undertaken. See Pa. PUC, Law Bureau Prosecutory Staff v. Verizon PA, Doc. No. M-2008-2077881 (Order entered October 12, 2012).F Section 63.71 (Definitions)
Section 63.72 (Traffic usage studies)
Section 63.72a (InterLATA traffic studies)Section 63.73 (Optional calling plans)
Section 63.74 (EAS polls)
Section 63.75 (Subscriber polls)
Section 63.76 (EAS complaints)
Section 63.77 (Evaluation criteria)G Section 63.91 (Purpose)
Section 63.92 (Definitions)
Section 63.93 (Conditions of service)
Section 63.94 (Coin telephone requirements)
Section 63.95 (Sufficiency of public telephone service)
Section 63.96 (Service requirements for coin telephones)
Section 63.97 (Reserved)
Section 63.98 (Compliance)Appendix C Sections of 52 Pa. Code Chapter 64 That are Waived in Wire Centers in
Verizon's Petition Area That are Granted Competitive ReclassificationSubchapter Sections A 64.1—first sentence only B Section 64.11 (Method of payment)
Section 64.12 (Due date for payment)
Section 64.13 (Billing frequency)
Section 64.14 (Billing information)
Section 64.15 (Advance payments)
Section 64.16 (Accrual of late payment charges)
Section 64.17 (Partial payments for current bills)
Section 64.18 (Application of partial payments between past and current bills)
Section 64.19 (Rebilling)
Section 64.20 (Transfer of account)
Section 64.21 (Reserved)
Section 64.22 (Billing service for interexchange carriers)C* Section 64.31 (LEC credit and deposit policies)
Section 64.32 (Credit standards)
Section 64.33 (Payment of outstanding balance)
Section 64.34 (Written procedures)
Section 64.35 (Deposit requirements for existing customers)
Section 64.36 (Method of making deposit)
Section 64.37 (Refund of deposits)
Section 64.38 (Application of deposit to bills)
Section 64.39 (Periodic review)
Section 64.40 (Refund statement)
Section 64.41 (Interest)*Waiver is conditioned upon the requirement that Verizon provide information in its Product Guide about the consequences if an applicant for service is not deemed to be creditworthy. D Section 64.52 (Refunds for service interruptions)
Section 64.53 (Discontinuance of service)E Section 64.61 (Authorized suspension of service)
Section 64.63 (Unauthorized suspension of service), paragraphs (1) through (9) only
Section 64.72 (Suspension notice information)
Section 64.73 (Notice when dispute pending)
Section 64.74 (Procedures upon customer contact before suspension)
Section 64.81 (Limited notice upon noncompliance with report or order)F Section 64.121 (Authorized termination of service)
Section 64.122 (Unauthorized termination of service when dispute pending)
Section 64.123 (Termination notice)H Section 64.181(Restoration of service after suspension)
Section 64.182 (Restoration of service after termination)I Section 64.191 (Public information), subsections (f) and (g)*
Section 64.192 (Record maintenance)
* Section 64.191(e) remains waived per the Order entered at Doc. Nos. I-00940034 and P-00072348J Section 64.201 (Reporting requirements), subsection (b)(1); (b)(2)(ii), (iii) and (iv); (b)(3); (b)(4)(ii), (iii) and (iv); (b)(8)(ii), (iii) and (iv); (b)(9)(ii), (iii) and (iv); (b)(10)(ii), (iii) and (iv); and (b)(11) K Section 64.211 (Availability of normal Commission procedures) [Pa.B. Doc. No. 15-576. Filed for public inspection March 27, 2015, 9:00 a.m.]
