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PA Bulletin, Doc. No. 15-576

NOTICES

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, 
Secretary

Appendix 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 Reclassification

Subchapter 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 Reclassification

Subchapter 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-00072348
J 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.]



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