NOTICES
Tentative Order
[31 Pa.B. 6883] 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 Procedures for Changing Local Service Providers for Jurisdictional Telecommunications Companies; Doc. No. M-00011582
Tentative Order1 By the Commission:
The Commission first promulgated Chapter 64, Standards and Billing Practices for Residential Telephone Service, 52 Pa. Code §§ 64.1--64.213, on November 30, 1984, and has amended it several times. 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 during the migrations between 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 migration of consumers. Accordingly, the Commission proposes to adopt interim guidelines as set forth in Annex A for the following purposes:
1. To ensure that consumers can change LSPs without unnecessary confusion, delay, or interruption to their basic service.
2. To ensure that the migration from one LSP to another LSP is seamless from the customer's perspective.
3. To minimize overlap in billing during the transition from one LSP to another LSP.
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 migration of customers among LSPs, slamming, customer information, and billing. Our discussion of migration slamming, E911, and directory listings/white pages applies to all customers. Our discussion of customer information and billing applies to all customers. All other Commission regulations contained in 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.
Migration.3
Changes in a customer's LSP should be executed in accordance with the regulations of the FCC that relate to verification of service orders, letters of agency, and preferred carrier freezes, as such regulations may be changed from time to time. Additionally, Chapter 64 imposes certain obligations upon LSPs. The interim guidelines are designed to provide further guidance.
The new LSP should determine if there is a LSPF on the account. A change in service cannot be processed if an existing LSPF is not removed by the customer. Applicants for service with LSPFs must be advised that they need to contact their current (old) LSP to remove the LSPF before an order to migrate the service may be taken.4
To process a migration, the new LSP must provide the old LSP with notification of a change within 24 hours. The time to change from a customer's old LSP to a new LSP should not exceed 10 business days. The new LSP should advise applicants of a service start date.5 When applicable, the new LSP should inform applicants that they could keep (that is, port) their same telephone numbers.
If the migration of local service request 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. This applies so long as the customer's account is or was not terminated for the customer's failure to pay a delinquent bill, even if the account has been suspended or for the customer's failure to keep the terms of a contract. 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. 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.
Slamming.
Slamming is the unauthorized changing of a customer's telecommunications service provider. On March 23, 2001, we issued a Secretarial Letter in LEC Obligations for Addressing Customer Complaints about LEC Slamming and LEC Adherence to the FCC Slamming Liability Rules, Docket No. M-00991322. Slamming continues to be an issue in the market place. This order and the interim guidelines will not change or reduce the provisions of the Secretarial Letter but rather clarify and expand upon it.
Accordingly, the interim guidelines are to be applied in conjunction with and as an enlargement upon the Secretarial Letter based upon further market experience as competition has evolved.
Customer Information.
Customer information is crucial to the operation of a competitive marketplace. Markets do not work at their optimum when there is a pattern of asymmetrical dissemination of information.
Accordingly, the new LSP should inform applicants that it will send a written disclosure statement of the terms and conditions of service within 1 business day of its acceptance of the customer's migration order. The new LSP should provide applicants with information in accordance to 52 Pa. Code Chapter 64. The new LSP should also inquire whether applicants want information that may assist customers with disabilities or explain universal service programs.
Billing.
The failure to properly remove a migrated customer from the automatic billing systems may result in duplicate bills and overlapping bills. This exacerbates the potential for improper billing. Improper billing may go unnoticed by a customer.
Accordingly, upon notification from the new LSP, the customer's old LSP should, within 42 days, issue the customer a final bill for services rendered. Once charges are paid for those services rendered prior to the change of the customer's LSP, the old LSP should remove the customer from its billing system and discontinue billing.
Finally, the interim guidelines are not designed to affect or constrict a customer's debtor/consumer rights or an LSP's creditor's remedies otherwise permitted by law. Additionally, customers who believe that service has not been rendered consistent with the interim guidelines may file informal complaints with the Commission's Bureau of Consumer Services.
E911 and Directory Listings/White Pages.
Access to accurate information is essential to the operation of emergency response systems. Listings with directory assistance and in the white pages are of major significant to most customers.
Accordingly, any migration will require specific and timely coordination of records to ensure that the data bases are accurate and accessible.
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 the process of changing LSPs.
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 Procedures for Changing Local Service Providers, following this Tentative Order as Annex A, are hereby proposed, inter alia, to ensure that consumers can change LSPs without unnecessary confusion, delay, or interruption to their basic service, to ensure that the migration from one LSP to another LSP is seamless from the customer's perspective, and to minimize overlap in billing during the transition from one LSP to another LSP. 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 of the Tentative Order 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 (in Word or a 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,
Secretary
Annex A
Interim Guidelines for
Changing Local Service ProvidersI. Statement of Purpose, Application, and Effect.
A. Purpose. The purpose of these interim guidelines is as follows:
(1) To ensure that consumers can change their local service provider (LSP) without unnecessary confusion, delay, or interruption to their basic service.
(2) To ensure that the migration from one LSP to another LSP should be seamless to the customer.
(3) To minimize overlap in billing during the transition from one LSP to another LSP.
B. Application. With the exception of E911 and Directory Listings/White Pages, which apply to all customers, these interim guidelines apply to all residential customers except those customers who want to discontinue service. Residential customers who discontinue service are required to provide their LSP with notice in accordance with 52 Pa. Code § 64.53, Discontinuance of service, as such regulations may be changed from time to time.
C. Effect of Interim Guidelines. The requirements contained in these interim guidelines are intended to be consistent with the FCC's regulations at 47 CFR Subpart K, Changing Long Distance Service, which is also applicable to local service, and with 52 Pa. Code § 64.2, Definitions; and 52 Pa. Code § 64.191, Public Information.
II. Definitions.
The following words and terms in these guidelines, as well as companion guidelines concerning Quality of Service, Abandonment of Service, and Customer Information, have the following meaning unless the context clearly indicates otherwise:
Freeze--Designation elected by a customer that requires the customer with the freeze, including a local service provider freeze, to advise his/her old preferred carrier of his/her intention to change preferred carriers. For customers without freezes, the new preferred carrier may relay the information to the old preferred carrier that the customer has made a verified decision to change preferred carriers.
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 request--The method used to inform a customer's current local service provider that the customer wants to change local service providers.
Local service provider freeze (LSPF)--The procedure which prevents a change in a customer's local service provider without the customer notifying the local service provider to lift the freeze.
Migration--A transfer of service from one carrier to another. For the purpose of these interim guidelines, the focus is on the movement of a customer from one local service provider to another local service provider.
Preferred carrier (PC)--The service provider chosen by a customer to provide particular telecommunications services. A customer's existing provider is his/her preferred carrier until such time as the customer makes a verified choice of a new preferred carrier.
Porting--The process that allows customers to keep their telephone numbers when migrating from one local service provider to another local service provider.
Telephone bill--The invoice for telecommunications products or services rendered whether rendered by the local service provider or its billing agent.
III. Migration of Local Service.
A. Execution of Changes in Local Service Provider. Changes in a customer's LSP should be executed in accordance with the regulations of the FCC that relate to verification of service orders, letters of agency, and preferred carrier freezes, as such regulations may be changed from time to time.
B. Additional Obligations. In addition to existing obligations in 52 Pa. Code Chapter 64, the following requirements apply:
(1) The new LSP must provide the old LSP with notification of a change within 24 hours.
(2) The time to change from a customer's old LSP to a new LSP should not exceed 10 business days.
(3) The new LSP should advise applicants of a service start date.
(4) When applicable, the new LSP should inform all applicants for service that they could keep their same telephone numbers.
(5) 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.
C. Removal of Local Service Provider Freeze (LSPF). The new LSP cannot process a change in service if an existing LSPF is not removed by the customer. The new LSP should do the following:
(1) Ask applicants if they have a LSPF on their basic service accounts.
(2) Inform applicants for service that the new LSP cannot authorize the removal of a customer's LSPF.
(3) Inform applicants for service with LSPFs that arrangements must be made to have the freeze lifted before an order to migrate the service may be processed.
(4) If the new LSP is also seeking to provide services (e.g., inter-exchange, intraLATA, interLATA, interstate, or international toll) covered by a PC freeze, the authorization to lift the freezes may be done in the same process, but the customer must expressly lift each particular freeze.
D. Unauthorized Refusal to Migrate Service. If the migration of local service request is processed in accordance with state and federal requirements, the old LSP may not refuse to execute a customer's request to change LSP's or refuse to port a customer's phone number even under the following circumstances so long as the customer's account is not terminated:
(1) For a customer's failure to pay a delinquent bill, even if the account has been suspended.
(2) For a customer's failure to keep the terms of a contract.
(3) 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.
(4) 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.
IV. Customer Information.
A. Disclosures. The new LSP should inform applicants for service that it will send a written disclosure statement of the terms and conditions of service within one (1) business day.
B. Inquiries. The new LSP should provide applicants with information in accordance to 52 Pa. Code Chapter 64. The new LSP should also do the following:
(1) Inquire whether applicants want information that may assist customers with disabilities.
(2) Inquire whether applicants want information about low income assistance.
V. Discontinuance of Billing.
A. Final Bills. Upon notification from the new LSP, the customer's old LSP should, within 42 days, issue the customer a final bill for services rendered.
B. Final Payments. Once charges are paid for those services rendered prior to the change of the customer's LSP, the old LSP should remove the customer from its billing system and discontinue billing.
VI. Debtor's Rights and Creditor's Remedies.
These interim guidelines do not affect the customer's debtor/consumer rights or the LSP's creditor's remedies otherwise permitted by law. Additionally, customers who believe that service has not been rendered consistent with these interim guidelines may file informal complaints with the Commission's Bureau of Consumer Services.
VII. E911 and Directory Listings/White Pages.
Any migration will require specific and timely coordination of records between the carriers to ensure that the data bases are accurate and accessible.
[Pa.B. Doc. No. 01-2254. Filed for public inspection December 14, 2001, 9:00 a.m.] _______
1 This Tentative Order is one of several we are adopting this day addressing: Changing LSPs (base folder); Customer Information (F0002); Quality of Service (F0003); and Abandonment by Local Service Provider (F0004). While there may be overlap among all the orders, there is perhaps more so between F0001 and F0003. The focus of this Tentative Order and interim guidelines is generally looking at the issues from the perspective of the customer, whereas the focus of the base folder is generally from the LSPs' perspective.
2 The proposed interim guidelines define and use terms not found in 52 Pa. Code Chapter 64. The following terms, when used in this tentative order, shall have the following meanings unless the context clearly indicates otherwise. These definitions are more fully explained in the interim guidelines.
Freeze--Designation elected by a customer that requires the customer with the freeze to advise his/her old preferred carrier of his/her intention to change preferred carriers.
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 (LEC), that provides local service and may also provide other telecommunications services.
Local service provider freeze (LSPF)--The procedure which prevents a change in a customer's local service provider without the customer notifying the local service provider to lift the freeze.
Migration--A transfer of service from one carrier to another. For the purpose of these interim guidelines, the focus is on the movement of a customer from one local service provider to another local service provider.
Preferred carrier (PC)--The service provider chosen by a customer to provide particular telecommunications services. A customer's existing provider is his/her preferred carrier until such time as the customer makes a verified choice of a new preferred carrier.
Porting--The process of moving a customer's telephone number from one local service provider to another local service provider.3 It is noted that a Collaborative has commenced at Docket No. C-00015149 F0002 to address local service provider freeze (LSPF) issues including processes and procedures available for LECs to migrate lines currently subject to LSPF. The issue of whether LSPF is appropriate or necessary is being addressed as a litigated matter presently before ALJ Chestnut at Docket No. C-00015149. To the extent that the interim guidelines proposed herein are inconsistent with the resolutions reached in either Docket No. C-00015149 or C-00015149 F0002, the resolutions reached in those dockets shall control until final regulations are adopted or those dockets are otherwise modified.
4 If the new LSP is also seeking to provide services (e.g., inter-exchange, intraLATA, interLATA, interstate, or international toll) covered by a PC freeze, the authorization to lift the freezes may be done in the same process, but the customer must expressly lift each particular freeze.
5 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.
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