[35 Pa.B. 4597]
[Continued from previous Web Page]
DISPUTES § 63.221. Customer complaint procedures.
AT&T and MCI commented that the dispute provisions are unnecessary since similar provisions already appear in Chapter 64. We acknowledge that Chapter 64 does contain provisions for handling disputes from residential customers. However, there are no provisions that pertain to complaints from business customers. Because of this, we retained these provisions in the final-form regulations.
IRRC commented that the title of the subsection at § 63.221 contains the word ''consumer'' which is not defined and not used anywhere in the section. IRRC recommended changing the title to ''Customer complaint procedures.'' We agree and revised the title as recommended.
In its comments to our proposed regulations, the OAG suggested that in § 63.221(a), ''subscriber'' should be replaced with ''applicant'' to be consistent with subsections (b) and (c). We agree with this suggestion and made the change.
Regarding the citation to Chapter 64 in subsection (b), IRRC asked if the citation should be §§ 64.131--64.182 rather than §§ 64.141--64.182. We agree and amended the citation.
IRRC and the OAG each commented that the final-form regulations should provide timeframes to indicate when the Commission or a service provider must perform the required duty as described in § 63.221(c) and (d). We have responded by adding language to (c) that provides for the Commission to transmit a summary of a complaint to the LSP within 1 working day of receiving a complaint covered by this subchapter. Regarding the duties of LSPs, § 64.153(b)(1) specifies that, in response to residential customer complaints, LSPs are to supply information and documents to the Commission within 30 days of the date the LSP receives the complaint summary. Since commercial accounts are often more complex than residential accounts they may require a longer time to gather the information needed to respond to the complaint. Therefore, we did not require LSPs to respond with the information and documents in the same 30-day window in all cases. In those cases where the LSP will need more than 30 days, it must advise the Commission of that need and establish a reasonable timeline for the production of the information and documents. We also inserted new language into § 63.221(d) to require an LSP to advise the Commission within 10 days of the resolution when a complaint has been resolved between the LSP and the complaining party. We did not insert language into the regulations specifying the time period within which the Commission will close a complaint resolved by the parties. Variations in complaint volumes and staffing levels make it impractical for the Commission to be able to specify a timeframe in which the Commission will be able to verify and act on this information from the LSP. As with all customer complaints, the Commission will close out these complaints as expeditiously as possible.
The proposed § 63.221(c) discusses a complaint from an applicant, customer or third party. IRRC asked who would be a ''third party.'' A ''third party'' might be, for example--a spouse, agent, or consenting individual designated to act on the customer's part such as an employee of a business or the adult children of an elderly customer. Any of these individuals may contact the Commission on the part of the customer of record to file a complaint.
§ 63.222. Expedited process for resolution of migration disputes between service providers.
MCI commented that it supports the Commission's proposal regarding an expedited dispute process. IRRC asked if a customer or applicant could file a complaint under this section. This process addresses only disputes between service providers, including LSPs and NSPs. To clarify our intent, we amended the title of this section to ''Expedited process for resolution of migration disputes between service providers'' and added similar language to § 63.222(a). IRRC also asked if the contact persons designated by the Commission in this subsection will be employees of the Commission. Our response is that the Commission will designate members of its staff as contact persons. To clarify this subsection, we have added language that indicates that the Commission will designate ''Commission staff as'' contact persons through which LSPs may request expedited resolution of problems.
IRRC further questioned the reference in § 63.222(d) of the proposed regulations to the Commission's alternate dispute resolution process. The correct reference and citation to this process is the Commission's mediation process under §§ 69.391--69.397. We amended the language of this subsection to include the appropriate citation.
Conclusion
Accordingly, under sections 501 and 1501 of the Public Utility Code, 66 Pa.C.S. §§ 501 and 1501; sections 201 and 202 of the act of July 31, 1968, P. L. 769 No. 240, 45 P. S. §§ 1201 and 1202, and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5; section 204(b) of the Commonwealth Attorneys Act, 71 P. S. § 732.204(b); section 745.5 of the Regulatory Review Act, 71 P. S. § 745.5; and section 612 of The Administrative Code of 1929, 71 P. S. § 232, and the regulations promulgated thereunder at 4 Pa. Code §§ 7.231--7.235, we find that the regulations establishing general rules, procedures, and standards to provide for the orderly migration of customers between LSPs at §§ 63.191--222 should be approved as set forth in Annex A; Therefore,
It Is Ordered That:
1. The Petition for Reconsideration filed by Verizon Pennsylvania Inc. on February 24, 2005, is granted in part and denied in part, consistent with this Order.
2. This Final Rulemaking Order/Order on Reconsideration and Annex A replace in their entirety the Commission's Order and Annex A entered on February 9, 2005, at this docket.
3. The regulations of the Commission, 52 Pa. Code Chapter 63, are amended by adding §§ 63.191, 63.192, 63.201--63.207, 63.211--63.214, 63.221 and 63.222 to read as set forth in Annex A.
4. The Secretary shall submit this order and Annex A for review by the designated standing committees of both houses of the General Assembly, and for review and approval by the Independent Regulatory Review Commission.
5. The Secretary shall submit this order and Annex A to the Office of Attorney General for approval as to legality.
6. The Secretary shall submit this order and Annex A to the Governor's Budget Office for review of fiscal impact.
7. A copy of this order and Annex A shall be served upon the Pennsylvania Telephone Association, the Pennsylvania Cable & Telecommunications Association, The North American Numbering Plan Administrator, National Emergency Numbering Association, the Office of Trial Staff, the Office of Consumer Advocate, the Small Business Advocate and active parties to this proceeding.
8. The final regulations in Annex A shall become effective upon publication in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 4270 (July 30, 2004).)
Fiscal Note: Fiscal Note 57-230 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart C. FIXED SERVICE UTILITIES
CHAPTER 63. TELEPHONE SERVICE
Subchapter M. CHANGING LOCAL SERVICE PROVIDERS GENERALLY
Sec.
63.191. Statement of purpose and policy. 63.192. Definitions. MIGRATION
63.201. General migration standards. 63.202. Migration responsibilities of OLSPs, NLSPs and NSPs. 63.203. Standards for the exchange of CSRs. 63.204. Removal or lifting of LSPFs. 63.205. Porting telephone numbers. 63.206. Discontinuance of billing. 63.207. Carrier-to-carrier guidelines and performance assurance plans. INTERFERING STATIONS
63.211. Duties of NSPs and NLSPs when an interfering station condition is identified. 63.212. Duties of the prospective NLSP and the applicant when an interfering station condition is identified. 63.213. Duties of the OLSP if notified by the prospective NLSP that an interfering station exists at a location where existing local service is provided by the OLSP and the applicant has shown proof of identity and of ownership or right of occupancy. 63.214. Duties of the prospective NLSP when the OLSP is unable to resolve the interfering station condition at the applicant's service location. DISPUTES
63.221. Customer complaint procedures. 63.222. Expedited process for resolution of migration disputes between service providers.
GENERALLY § 63.191. Statement of purpose and policy.
(a) The purpose of this subchapter is to establish general rules, procedures and standards governing the migration of customers between LSPs, including porting telephone numbers, resolving interfering stations, exchanging customer records and the transition of billing accounts. The primary objective of this subchapter is to establish standards to ensure that residential and business customers can migrate from one LSP to another LSP without confusion, delay or interruption to their local service.
(b) This subchapter applies to:
(1) LSPs and NSPs for migration of residential and business customers between LSPs.
(2) LSPs and NSPs when interfering station conditions are encountered.
(c) This subchapter does not apply to:
(1) Mass migrations of customers brought about by the selling or transferring of a customer base of one LSP to another.
(2) An LSP that has properly proceeded with the abandonment of service to its customer base.
(3) DSL migration.
(4) Line sharing/splitting arrangements.
(d) To the extent that other regulations do not address circumstances as described in subsection (c), this subchapter may provide guidance for those transactions.
§ 63.192. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Applicant--
(i) A person, association, partnership, corporation or government agency making a written or oral request for the commencement of local service, other than a transfer of local service from one location to another within the local service area of the same LSP or a reinstatement of local service following a discontinuation or termination.
(ii) The term does not apply to a customer who is subject to special contractual arrangements and has otherwise agreed to different conditions of local service that do not contradict Commission rules or regulations.
Appropriate retained documentation--Proof accompanying a customer's order, request for a change in telephone service or service providers, or permission to obtain the customer's CSR that uses a unique identifier associated with the customer, such as the customer's city of birth, Social Security number, mother's birth name or tax identification code.
Authorized agent--An adult designated by an applicant or a customer to act on the behalf of the applicant or customer.
CSR--Customer service record--Documentation indicating the customer's name, address, contact telephone number, quantity of lines, services, features, network serving arrangements, and other information associated with a customer account.
Commission review--Includes informal or formal review, evaluation or adjudication, staff-level review or alternate dispute resolution.
Customer--The end user recipient of telephone service provided by an LSP.
DSL--Digital subscriber line--A dedicated, high-speed, always-on service, frequently used in the context of ''ADSL'' or ''XDSL.''
Discontinuation of service--The temporary or permanent cessation of service upon the request of a customer.
Facilities--The equipment (for example--local loop, network interface device, transport facilities, and the like) necessary to provide local service to a customer.
Freeze--A designation elected by a customer that restricts a third party's ability to change the customer's choice of preferred service providers.
Interfering station--Preexisting local service that prevents the reuse of existing telephone facilities by an NLSP to serve a new customer at a location where the prior customer did not notify the OLSP to disconnect the local service. The OLSP and the NLSP may be the same company.
InterLATA--Originating in one LATA and terminating in another LATA. For example--an interLATA telephone call is a call that is placed from a telephone in one LATA to a telephone located in another LATA.
IntraLATA--Originating and terminating within the same LATA. For example--an intraLATA telephone call is a call that is placed from a telephone in one LATA to a telephone located within the same LATA.
LATA--Local access and transport area--One of the 196 geographical areas designated in 1984 by the decree that broke up AT&T into seven telephone operating companies. At that time, a LATA was the area within which one of the existing local service providers could offer either local or long distance service.
LOA--Letter of authorization--A specific written or electronic record signed by a customer granting a NLSP the authority to act as the customer's agent.
LSC--Local service confirmation--Documentation issued by the NSP to inform the LSP of the confirmed scheduled completion date for work affecting the migration of local service.
LSP--Local service provider--A company, such as a local exchange carrier (LEC), that provides local service by resale, by unbundled network elements (with or without platform) or through its own facilities, or by a combination of these methods of providing local service to a customer.
LSPF--Local service provider freeze--A designation elected by a customer that restricts a third party's ability to change a customer's choice of preferred LSP.
LSR--Local service request--The electronic or paper form that contains all the information required to arrange for installation of, change in or disconnection of local services.
(i) The LSR is sent by an LSP to an NSP, for example--to request the activation of number portability, the installation of an unbundled loop facility, or the disconnection of loop facilities and migration of a number.
(ii) The NSP uses the LSR to create the internal directives, for example--a service order, to cause the work to be performed as ordered.
Line loss notification--The report the old NSP issues upon completion of a migration to inform the OLSP that the OLSP no longer provides local service to a customer on a particular line.
Line sharing--The sharing of facilities by an LSP and an NSP in the provision of voice and data services to a given location over the same facilities.
Line splitting--The sharing of facilities by two LSPs, when neither is the NSP, in the provision of voice and data services to a given location over the same facilities.
Local loop--The wires and cable between the customer's premise and the central office of the local telephone company.
Local service--Telecommunications service within a customer's local calling area.
(i) The term includes the customer's local calling plan, dial tone line, touch-tone and directory assistance calls allowed without additional charge.
(ii) The term also includes services covered by the Federal line cost charge, Pennsylvania Relay Surcharge, Federal Universal Service Fund Surcharge, Local Number Portability Surcharge, Public Safety Emergency Telephone Act (9-1-1) Fee and applicable Federal and State taxes.
Migration--The movement of a customer from one LSP to another LSP at the same service location.
NLSP--New local service provider--The company that will provide local service to a customer after a migration.
NSP--Network service provider--A telecommunications provider that interacts with LSPs and provides the facilities and equipment components needed to make up a customer's telecommunications service.
(i) An NSP may also be referred to as an underlying carrier.
(ii) An NSP may also be an LSP.
Network serving arrangements--The service platform (for example--resale, unbundled loop, full facilities, UNE-P) to provide local service to a customer. Network serving arrangements may also be referred to as service configuration information.
OLSP--Old local service provider--The company that provides local service to a customer prior to migration.
Optional services--
(i) Telecommunications services in addition to local service that are offered by LSPs at a cost per individual service or as part of a package of services.
(ii) Examples include toll blocking, 900/976 blocking, inside wiring maintenance plans and extensions off premise.
(iii) The term also includes vertical services.
Preferred service provider--The company chosen by a customer to provide particular telecommunications services. A preferred service provider is sometimes referred to as a ''preferred carrier.''
Porting--The process that allows customers to keep their telephone numbers when changing LSPs.
Recording verifying permission--An auditory documentation of a customer's voice made when the customer ordered local service, requested a change in local service or local service providers or granted permission to a local service provider to obtain the customer's CSR.
Service provider--A generic term to include LSPs and NSPs.
Termination of service--Permanent cessation of service after a suspension without the consent of the customer.
Third party verification--The process by which an independent entity confirms that a customer ordered local service, authorized a change in local service or local service providers or granted permission to a local service provider to obtain the customer's CSR.
UNEs--Unbundled network elements--Various physical and functional parts of an NSP's infrastructure that may be leased to another LSP. These components include things such as local switching, local loops, interoffice transmission facilities, signaling and call-related databases, operator services, directory assistance, and the like.
UNE-P--UNE-platform--A combination of unbundled network elements that facilitates end-to-end service delivery. A typical arrangement includes at least a local loop and switching.
Vertical services--Telecommunications features available to local service customers at either an added cost or as part of a service package. Vertical services refer to the way in which a telephone line works and include customer calling features such as call forwarding and call waiting.
Unbundled loop--A local loop that is leased by one service provider from another service provider to provide local service to a customer.
Working day--A day except Saturday, Sunday or legal holiday.
MIGRATION § 63.201. General migration standards.
(a) A customer has the right to migrate from one LSP to another LSP.
(b) The prospective NLSP shall communicate and explain to the customer the migration process and the migration timetable for the local service and for any other service the customer may order.
(c) The OLSP, the NLSP and the NSP shall work together in good faith to minimize or avoid problems associated with migrating the customer's account.
(d) The OLSP may not prohibit the NLSP from reusing facilities that are no longer needed by the OLSP to provide local service to the migrating customer or other customer. If the OLSP has a conflict over the use of the facilities, it may be resolved using the interfering station procedures under §§ 63.211--63.214 (relating to interfering stations) or the expedited dispute process under § 63.222 (relating to expedited process for resolution of migration disputes between service providers).
(e) At the end of each working day, the NLSP shall notify the 9-1-1 host carrier and the Directory Listings/White Pages providers of that day's changes to these databases.
(f) Each LSP and NSP shall maintain a company contact and escalation list for use in resolving migration problems and interfering station conditions. The companies shall update the lists to ensure that the information is current and accurate. LSPs and NSPs shall post the list on a publicly accessible website and supply the website address to the Commission. The Commission will post the address on its website.
§ 63.202. Migration responsibilities of OLSPs, NLSPs and NSPs.
(a) The OLSP shall be responsible for responding to the prospective NLSP's request for a CSR, consistent with the requirements of § 63.203 (relating to standards for the exchange of CSRs).
(b) The prospective NLSP shall be responsible for coordinating the migration of the customer's local service with its NSP, if any, and with the OLSP.
(c) The prospective NLSP shall provide the LSR information to affected service providers, as applicable.
(d) The timetable for issuing an LSC is as follows:
(1) By August 13, 2005, the NSP or OLSP shall issue an LSC or rejection within 3 working days from the date the NSP or OLSP receives an LSR from the prospective NLSP.
(2) After February 13, 2006, the NSP or OLSP shall issue an LSC or rejection within 2 working days from the date the NSP or OLSP receives an LSR from the prospective NLSP.
(3) After August 14, 2006, the NSP or OLSP shall issue an LSC or rejection within 1 working day from the date the NSP or OLSP receives an LSR from the prospective NLSP.
(e) The NLSP shall be responsible for coordinating a customer's service restoration that may become necessary due to problems with the migration.
(f) After a migration has been completed, the old NSP shall provide notification to the OLSP that the customer has migrated to the NLSP.
§ 63.203. Standards for the exchange of CSRs.
(a) Prospective NLSPs may not acquire CSRs without a verified customer authorization. The prospective NLSP shall use one of the following verification procedures and shall retain the authorization and verification for 2 years:
(1) An LOA from the customer of record to review the customer's account.
(2) A third-party verification of the customer's consent.
(3) A recording verifying permission from the customer.
(4) Oral authorization documented with appropriate retained documentation.
(5) Additional verification procedures as may be authorized by the Federal Communications Commission (FCC) or the Commission.
(b) The prospective NLSP shall indicate to the customer's current LSP that it has a verified authorization for access to the CSR. The NLSP is not required to provide a copy of the authorization or verification to the current LSP.
(c) A current LSP may not contact a customer to retain or keep that customer as a result of a request from another LSP for the customer's CSR.
(d) When a prospective NLSP has verified authorization from the customer to switch the customer's LSP, the prospective NLSP shall request the customer's CSR from the OLSP. The prospective NLSP is not required to provide proof to the OLSP of the authorization or verification at the time of migration. The prospective NLSP shall use one of the following types of verification and shall retain the authorization and verification for 2 years:
(1) An LOA from the customer to switch LSPs.
(2) A third-party verification of the customer's request.
(3) An electronic verification of the customer's request to switch LSPs that contains unique identifying information.
(4) Additional verification procedures as may be authorized by the FCC or the Commission.
(e) A customer's current LSP shall provide the following information when the CSR is requested to migrate a customer's local service:
(1) Billing telephone number and working telephone number.
(2) Complete customer billing name and address.
(3) Complete service address, including floor, suite unit and any other unique identifying information.
(4) 9-1-1/E-9-1-1 information.
(5) Directory listing information, including address, listing type and all other pertinent information.
(6) Preferred service providers for interLATA, intraLATA, local service and other services.
(7) Provider freeze status by interLATA toll, intraLATA toll, local service and other services.
(8) Listing of all vertical services (for example--custom calling, hunting, and the like) to which the customer currently subscribes.
(9) Listing of all optional services (for example--900 blocking, toll blocking, remote call forwarding, off-premise extensions, and the like) to which the customer currently subscribes.
(10) Tracking number or transaction number (for example--purchase order number).
(11) Network serving arrangements (for example--resale, UNE-P, unbundled loop).
(12) Identification of NSPs.
(13) Identification of any line sharing/line splitting on the migrating customer's line.
(f) Timetable for providing CSRs, minimum requirements:
(1) By August 13, 2005, OLSPs shall provide 80% of requested CSRs within 2 working days.
(2) After February 13, 2006, OLSPs shall provide 80% of requested CSRs within 1 working day.
(3) After August 14, 2006, OLSPs shall provide 80% of requested CSRs the same day if the request is made by noon of that day, or by noon of the next working day if requested after noon.
§ 63.204. Removal or lifting of LSPFs.
(a) An applicant shall authorize the removal of an existing LSPF before a prospective NLSP may process a change in LSP. The prospective NLSP shall inform the applicant of the following at the time of application:
(1) If the applicant has an LSPF, the applicant shall authorize the removal of the LSPF before the request for a change of the customer's LSP can be processed.
(2) The applicant or the applicant's authorized agent shall contact the OLSP to have an LSPF lifted. Before processing the lifting of the LSPF, the OLSP shall confirm appropriate verification data such as the customer's date of birth, Social Security number or mother's birth name with the applicant or the applicant's authorized agent.
(3) A prospective NLSP may not authorize the removal of an applicant's LSPF.
(b) When the prospective NLSP is also seeking to provide other services, (for example, interexchange, intraLATA, interLATA, interstate or international toll) covered by freezes, authorizations to lift the freezes may be transmitted in one process, if the applicant expressly requests that each freeze be lifted. The prospective NLSP shall inform the applicant of the distinctions among the services and of the requirement that service may not be migrated unless the customer expressly lifts each freeze.
(c) LSPs that offer LSPFs to their customers shall provide various methods to customers for lifting LSPFs, as required by the Federal Communications Commission as set forth in 47 CFR Part 64, Subpart K (relating to changes in preferred telecommunications service providers).
§ 63.205. Porting telephone numbers.
An OLSP or NSP may not refuse an otherwise valid request to port a number to a NLSP unless the number is for local service that has been terminated or discontinued under Chapter 64 (relating to standards and billing practices for residential telephone service) for residential customers or consistent with the LSP's tariff for other customer classes.
§ 63.206. Discontinuance of billing.
(a) LSPs shall minimize overlap in billing during the migration between LSPs.
(b) Within 42 days of the receipt of a line loss notification from the NSP, the customer's OLSP shall issue the customer a final bill for services rendered.
(c) Once the customer has paid the charges on the final bill, the OLSP shall immediately remove the customer from its billing system and discontinue billing, unless the OLSP provides other services to the customer.
(d) Subject to the terms of an applicable tariff or customer specific pricing arrangement, the OLSP shall stop billing the customer for any recurring charges associated with the migrated services as of the date of the migration.
(e) This subchapter does not affect a customer's debtor/consumer rights or an LSP's creditor's remedies, as may be otherwise permitted by law.
§ 63.207. Carrier-to-carrier guidelines and performance assurance plans.
For an LSP or NSP subject to State or Federal carrier-to-carrier guidelines or performance assurance plans, if the carrier-to-carrier guidelines or performance assurance plan provide a more explicit or a narrower window for performance than otherwise specified under this subchapter, the carrier-to-carrier guidelines or performance assurance plan shall control for that LSP or NSP.
INTERFERING STATIONS § 63.211. Duties of NSPs and NLSPs when an interfering station condition is identified.
(a) The NSP shall inform the prospective NLSP of an interfering station condition by the end of the next working day after the NSP identifies that an interfering station condition exists.
(b) The NSP shall review the LSR information with the prospective NLSP to determine possible errors:
(1) Upon confirmation that the LSR information is correct, the NSP shall inform the prospective NLSP that the LSR cannot be fulfilled because there is preexisting local service at the service location.
(2) If the LSR information is incorrect, the prospective NLSP shall correct the information and resubmit the corrected LSR to the NSP.
§ 63.212. Duties of the prospective NLSP and the applicant when an interfering station condition is identified.
(a) The prospective NLSP shall notify the applicant that there is preexisting local service at the service location within 1 business day of the date the NLSP receives notice of the interfering station condition. The prospective NLSP shall contact the applicant by telephone, email, first class mail or in person to request that the applicant verify the address at the service location.
(b) If the applicant fails to respond to the notice within 5 days, the prospective NLSP may cancel the application.
(c) If the applicant informs the prospective NLSP that the address is incorrect, the prospective NLSP shall correct the information on the application, submit a new LSR and provide the new local service installation date.
(d) If the applicant verifies that the address is correct, the prospective NLSP shall explain that new local service is not able to be installed using the same facilities due to preexisting local service at the address and request the applicant to provide proof of ownership or right of occupancy.
(e) If the applicant provides proof of ownership or right of occupancy, the prospective NLSP shall advise the applicant of the following options:
(1) The applicant may authorize the prospective NLSP to contact the OLSP to confirm abandoned service.
(2) The applicant may attempt to resolve the interfering station condition with the customer of record, if known to the applicant.
(3) The applicant may arrange for the installation of new facilities.
(i) If inside wiring is required, the applicant shall provide proof of installation before the prospective NLSP is able to proceed with the LSR.
(ii) If new facilities (for example--outside wiring or a network interface device (NID)), are required, the prospective NLSP shall advise the applicant that the applicant shall pay for the installation of the new facilities pursuant to tariff rates and that the installation may take longer than 5 days.
(4) The applicant may cancel the application.
§ 63.213. Duties of the OLSP if notified by the prospective NLSP that an interfering station exists at a location where existing local service is provided by the OLSP and the applicant has shown proof of identity and of ownership or right of occupancy.
(a) Within 3 working days of the notification, the OLSP shall issue a termination notice to the customer of record in the OLSP's billing system. The notice of termination must state the reason for termination, date of termination and what the customer of record is required to do to prevent termination. The termination date must be 7 days from the date of the mailing of the notice by first class mail.
(b) If the customer of record does not contact the OLSP, the OLSP shall terminate the customer's service and take appropriate action to release the customer's facilities to the prospective NLSP.
(c) If the customer of record contacts the OLSP by the termination date and does not agree to the termination of service, the OLSP shall notify the prospective NLSP of the inability of the OLSP to release the facilities to be used by the prospective NLSP.
§ 63.214. Duties of the prospective NLSP when the OLSP is unable to resolve the interfering station condition at the applicant's service location.
(a) The prospective NLSP shall contact the applicant and explain that the preexisting customer will not agree to the termination of service and that the prospective NLSP is not able to use the existing facilities.
(b) The prospective NLSP shall inform the applicant of the following options to obtain local service:
(1) The applicant may pursue any disputes between co-tenants, owners and occupants before an appropriate forum for the remedy. The prospective NLSP shall inform the applicant that neither the prospective NLSP, the OLSP nor the Commission is responsible for or available to resolve private disputes between customers and applicants.
(2) The applicant may arrange for the installation of new facilities.
(i) If inside wiring is required, the applicant shall provide proof of installation before the prospective NSLP is able to proceed with the LSR.
(ii) If new facilities (for example--outside wiring or a NID) are required, the applicant shall pay for the installation of the new facilities pursuant to tariff rates and the installation may take longer than 5 days.
DISPUTES § 63.221. Customer complaint procedures.
(a) Records of complaints. An LSP covered by or operating under this title shall preserve written or recorded complaints showing the name and address of the applicant or complainant, the date and character of the complaint, the action taken and the date of final disposition. Records of complaints for residential customers shall be kept in accordance with § 64.192 (relating to record maintenance).
(b) Commission review. If a customer or applicant expresses dissatisfaction with the LSP's decision or explanation, the LSP shall inform the customer or applicant of the right to have the dispute considered and reviewed by the Commission and shall provide the name, address and telephone number of the appropriate Commission bureau. This subsection shall be read in conjunction with Chapter 64, Subchapters G and H (relating to disputes; informal and formal complaints; and restoration of service) for residential service.
(c) Investigations. Within 1 working day of receiving a complaint covered by this subchapter from an applicant, customer or third party, the Commission will transmit a summary of the complaint to the LSP. When complaints are referred to the LSP through the Commission, the LSP and the Commission will work to process and resolve the complaints. An LSP shall make a full and prompt investigation of complaints made to it through the Commission by the applicant, customer or third party. For complaints involving commercial service, if the LSP needs more than 30 days to respond to the Commission, the LSP shall advise the Commission of that need within 30 days of the date it receives the complaint summary and indicate when it will send its response to the Commission.
(d) Resolutions. If a complaint is resolved between the LSP and the complaining party, the LSP shall advise the Commission within 10 working days of the resolution and submit a copy of the service order or other documentation of satisfaction which identifies the action taken by the LSP to resolve the complaint. The LSP may not consider the complaint closed until the Commission advises the LSP that the Commission has closed the complaint.
§ 63.222. Expedited process for resolution of migration disputes between service providers.
(a) The Commission will provide a nonadversarial, expedited dispute process to address migration disputes between service providers. The Commission will designate Commission staff as contact persons through which LSPs and NSPs may request expedited resolution for alleged problems between service providers or compliance with this title.
(b) An LSP or NSP that has a dispute under this subchapter with another LSP which cannot be resolved between the entities may refer the dispute to the expedited dispute process for a suggested resolution in a nonadversarial context.
(c) The Commission designee will review the dispute within 2 working days of the date the dispute was received, attempt to contact the involved entities and suggest a nonbinding resolution of the dispute, consistent with § 1.96 (relating to unofficial statements and opinions by Commission personnel).
(d) If the expedited dispute process fails to resolve the dispute, the parties may resort to the Commission's mediation process under §§ 69.391--69.397 (relating to mediation process) or formal dispute resolution processes.
(e) The expedited dispute process is neither mandatory nor a prerequisite to the Commission's mediation or formal dispute resolution processes.
[Pa.B. Doc. No. 05-1513. Filed for public inspection August 12, 2005, 9:00 a.m.]
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