[35 Pa.B. 5910]
[Continued from previous Web Page] 9. Annual Access Line Report
In our Tentative Order, we determined that telecommunications carriers should continue to file the annual access line report with the Commission in accordance with our regulation at section 69.513(b) and Act 183. The Commission reached this conclusion because Act 183 at section 3015(e)(6) clearly requires LECs to provide an annual access line report.90
As indicated in the LB & FC Report, the Commission requires the annual access line report in order to recalculate the TRS surcharges each year.91 In addition, the report is used as a measure of market competition in the state, by comparing the access line counts for CLECs and ILECs.92
The PTA indicates that the annual access line report is permissible under section 3015(e)(6).93 No other participant commented on this reporting requirement.
Therefore, we affirm our determination in our Tentative Order that the LECs will continue to submit their annual access line report as required by section 69.513(b) of our regulations and our previous Orders in accordance with Chapter 30 at section 3015(e)(6).
10. Lifeline Tracking Report
In the Tentative Order, we determined that comments should be received concerning the Lifeline tracking report so that we could further assess the necessity of this filing requirement. We indicated in the Tentative Order that, once the parties' comments are reviewed by the Commission, we will make a final determination as to the necessity of the Lifeline tracking report.
In the LB & FC Report, the Commission indicated that the Lifeline tracking report is required by our February 21, 2003 Order94 on an annual basis in order to monitor customer enrollment and funding levels in the statewide Lifeline 150, and Link-Up programs, the Verizon95 companies' Lifeline programs and Verizon Pennsylvania Inc.'s Universal Telephone Assistance Program (UTAP). Also, the Commission stated that it uses the data to monitor the status of other LECs' universal service programs.96
BCS filed comments on this reporting requirement indicating that it monitors the universal service programs of LECs by using the data collected from the annual Lifeline tracking report. BCS indicates that the reporting on universal service programs consists primarily of enrollment data on the following programs: Link-Up America, Lifeline Service, and the Universal Telephone Assistance.97 BCS also indicates that the Commission directed that industry and other interested participants develop new formats for reporting the requested data but no consensus was reached by the parties. Therefore, BCS developed and the Commission approved Verizon's annual Lifeline tracking report to monitor the customer enrollment and funding levels for the universal service programs offered by Verizon Pennsylvania and Verizon North. BCS also uses this same data to provide an annual report to the Commission, the General Assembly and the public on the status of telephone universal service programs in Pennsylvania. BCS further indicates that it uses the annual Lifeline tracking reports supplied by the non-Verizon companies to monitor customer enrollment and the status of universal programs offered by other major carriers operating in Pennsylvania.98
In addition, BCS indicates that the annual Lifeline tracking report is permitted as a reporting requirement at section 3015(e)(5) of Chapter 30.99 In light of the changes in Chapter 30 requiring automatic notification of Lifeline programs at section 3019(f), BCS recommends that the annual report remain in place so that program changes resulting from Act 183 can be tracked to measure the impact of the newly-enacted provisions.100
As stated previously, the PTA submits comments at this docket indicating that, if specific reports do not appear in section 3015(e)(1)--(9), the Commission cannot require them under Act 183. Also, the PTA opines that the Commission cannot reinstate any reports not related to rates unless it uses the process outlined in section 3019(f) of Chapter 30.101 Specifically, PTA indicates that the Commission can no longer required the Lifeline tracking report because it does not relate to rates or rate setting as set forth in section 3015(f)(1) of Chapter 30.102 The PTA also submits that this report cannot be required under section 3015(e)(5) as a universal service report simply because other participants state that it is related to the policy goal of universal service.103 The PTA argues that the term ''universal service reports'' at section 3015(e)(5) includes only two separate reports related to the administration of the universal service fund.104 Concurrently, the PTA stated that no changes to these reporting requirements were needed at the time of the LB & FC Report.105
The OCA submits that the continuation of the annual Lifeline tracking reports is critical to assessing the success of Pennsylvania's telephone low-income assistance programs. The OCA states that, in order to measure the specific Lifeline provisions designed to enhance enrollment as set forth at section 3019(f) of Chapter 30, the tracking reports are necessary to monitor customer participation.106 The OCA further submits that the continued reporting of Lifeline tracking data is necessary for the Commission, the OCA and other interested parties to monitor the effectiveness of the statutory changes to Lifeline terms, eligibility, and outreach.107
In addition, the OCA submits that the annual Lifeline tracking reports are permitted under section 3015(e)(5) of Chapter 30 in that this report is a universal service report derived from the Commission's 1997 Universal Service Order.108 The OCA points out that the Commission has identified Lifeline as a universal service program since 1997 and categorizing the Lifeline tracking reports as other than universal service reports contradicts established practice and usage.109 Also, the OCA states that the Commission should construe the annual Lifeline tracking reports as permitted under section 3015(e)(5) as universal service reports because OCA opines that the declarations of policy, definitions and Lifeline provisions of Act 183 work together regarding universal service objectives.110 Further, the OCA submits that the annual Lifeline tracking reports be continued so that the Commission can assess its newly-imposed requirements111 and the legislative changes mandated by Act 183.112
The OCA further argues that the Commission can require the annual Lifeline tracking reports requirement pursuant to its section 3015(f) authority. In doing so, the OCA submits that the Commission satisfies the requirements of 3015(f) in that Lifeline service is defined as a discounted rate local service offering.113 The OCA also submits that the Commission is authorized to enforce and monitor rates for Lifeline service to determine whether qualified customers are being charged the appropriate rate for discounted Lifeline service. Further, the OCA points out that the annual Lifeline tracking reports take minimum preparation time on the part of the LECs as stated in the LB & FC Report which satisfies section 3015(f)(2) requirements.114
In the Commission's judgment, both the record in this proceeding and the Lifeline statutory provision in Chapter 30 have highlighted the importance of the Lifeline program.115 As explained by the OCA, the Lifeline tracking report data is essential for the regulatory process, in order to gauge past successes and determine the need for changes going forward.116 Also, BCS notes that this report is the only report available for tracking and monitoring telephone universal service programs in Pennsylvania.117 Six new sections of Chapter 30 address Lifeline service to ensure broader customer notice about the program. Since the Lifeline tracking report is the only currently provided report that allows the Commission to monitor Lifeline programs in Pennsylvania and Chapter 30 seeks to broaden Lifeline enrollment, it appears that the benefits of this report may outweigh the attendant costs.
Accordingly, we find that the Lifeline tracking report is not within the scope of reports listed in section 3015(e) but, at the same time, we shall refer to another proceeding the issue of whether the Lifeline tracking report meets the exception standard in section 3015(f)(1) that would nevertheless allow the Commission to require this report on a permanent basis.118 In the interim, to protect against a gap in our ability to fulfill our statutory duty to monitor Lifeline programs, we shall require LECs to continue the Lifeline tracking report pending the outcome of the 3015(f) proceeding.
11. State Tax Adjustment Surcharge (STAS)
In the Tentative Order, we found that the LECs are required to submit their tariff filings reflecting any changes in state taxes in accordance with our regulations at Sections 69.52--56 and Act 183 at Section 3015(e)(8). Specifically, we concluded that Chapter 30 at section 3015(e)(8) permits an annual state tax adjustment surcharge report, if applicable.
In the LB & FC Report,119 the Commission states that this is a tariff filing on an annual basis or on a per occurrence basis that allows public utilities to adjust its STAS in response to fluctuations in certain taxes for cost recovery of state tax changes. This tariff filing requirement permits all utilities, including LECs, to recover portions of the Capital Stock Tax, Corporate Net Income Tax, Gross Receipts Tax, and Public Utility Realty Tax through a surcharge on rates charged to customers.
The PTA submitted comments indicating that the STAS report should continue in its current form in accordance with our regulations.120 PTA also recommended no changes to this filing requirement at the time of the LB & FC Report.
Therefore, we affirm our determination in our Tentative Order that the LECs will continue to submit the annual state tax adjustment surcharge report as required by section 69.52--56 of our regulations and in accordance with Chapter 30 at section 3015(e)(8).
12. Physical and Cyber Security Planning Self-Certification
In the Tentative Order, the Commission remained committed to its proposed final rulemaking121 regarding the LECs' self-certification of physical and cyber security planning because we found that the public benefit of this cyber security certification outweighs the cost of submitting the one-page form. The Commission also concluded that this cyber security regulation relates directly to the type of service quality standard permitted by Section 3019(b)(2). After the Tentative Order, the Commission's proposed final regulation became effective on June 11, 2005. Therefore, this reporting requirement is presently required by the LECs.
As stated in the LB & FC Report, this reporting requirement applies to all utilities, including LECs, to provide information concerning the development and maintenance of security and emergency response plans. The Commission is requesting that all utilities certify on an annual basis that the companies have developed and maintained written physical, cyber security, emergency response, and business continuity plans to protect the Commonwealth's infrastructure and maintain safe, continuous and reliable utility service.122
At the time the Commission was finalizing this regulation, PTA informed the Commission that it does not oppose the Commission's proposed final rulemaking regarding the LECs' self-certification of physical and cyber security planning.123 No other comments were received concerning this reporting requirement. Therefore, this reporting requirement remains in place as required in June 2005.
13. State Certification of Universal Service Support
The Commission, in its Tentative Order, continued to suspend the state certification of universal service support reporting requirement under the conditions articulated in the Commission's June 11, 2004 Order.124 As noted in our Tentative Order, this reporting requirement was suspended by the Commission unless certain conditions occurred concerning the membership of the Pennsylvania Independent Telecommunications Coalition (Coalition), the disaggregated study areas of the PTA members, or in the E-911 status of the counties in which the PTA members serve.125 Also, we concluded, based upon our review of the provisions of Act 183, that the Commission is granted independent state authority to require universal service information from Pennsylvania LECs as set forth in section 3015(e)(5).
In the LB & FC Report,126 the Commission indicated that this requirement is dictated by federal regulation which requires state commissions to certify to the Federal Communications Commission (FCC) and the Universal Service Administrative Company (USAC) that rural telecommunications carriers in Pennsylvania will use any federal high cost support received only for the provision, maintenance, and upgrading of the facilities and services eligible for support.127 In order to meet this federal mandate, the Commission requires rural telecommunications carriers to submit affidavits and supporting data certifying that high cost support monies are being spent as intended by the Telecommunications Act of 1996. The PTA's position, at the time of the LB & FC Report, was to eliminate the certification as a routine annual report.
The OCA filed comments addressing this reporting requirement. The OCA indicated that it is concerned that the Commission no longer gathers data to make certain that federal universal service funds are properly used.128 The OCA submits that its concern is amplified by the recent FCC decision to expand reporting requirements for ETCs so that they use high-cost universal service support for its intended purposes.129 The OCA points out that the FCC will apply its expanded reporting requirements to Pennsylvania ETCs that are not jurisdictional to the PUC. The OCA submits that the PUC should apply these same reporting requirements for jurisdictional ETCs.130
Based upon our review of Act 183 and federal regulations, we are unable to eliminate this reporting requirement since it is subject to federal regulation. Therefore, we affirm our decision in the Tentative Order and continue to suspend this reporting requirement under the conditions articulated by the Commission's June 11, 2004 Order.
14. Annual Price Stability Mechanism
In its Tentative Order, the Commission determined that Act 183 allows LECs to file amended NMPs that include updated network modernization plans and changes to their productivity offset.131 In making that determination, we concluded that the LECs need to submit revenue and inflation information of the type specified in this report to support any rate changes that may be permitted by a LEC's alternative form of regulation. Therefore, in order for the Commission to review and allow implementation of any subsequent rate changes to protected service, we found that the annual price stability mechanism report is required by and necessary to the Commission's duties and powers under Act 183.
In addition, the Commission found that the information contained in this report is necessary in order to properly assess LECs their correct share of contributions to the various broadband funds established in the statute.132 Further, we concluded that the information is needed to calculate any potential refunds if a particular LEC has not met its NMP commitments.133
The LB & FC Report noted that the Commission requires the LECs with alternative forms of regulation to file annually the allowable changes in revenues from non-competitive telecommunications services. This filing is required by previous Commission Orders approving individual company Chapter 30 plans and the Commission's January 2004 Policy Statement.134 The purpose is to calculate the LECs' change in revenues as permitted by its alternative form of regulation and to reflect those changes in accompanying tariff supplements in accordance with each company's Chapter 30 plan.135 The PTA recommended that no changes should be made to this reporting requirement at the time of the LB & FC Report.136
No comments were received addressing this reporting requirement. Upon review of this matter, we believe that this filing requirement should be continued for the following reasons as articulated in our Tentative Order. Thus, the Commission affirms its determination in the Tentative Order and requires the annual price stability mechanism report to be filed so that the Commission can fulfill its statutory duties and powers under Act 183.
15. Interest Rate on Deposits
In the Tentative Order, the Commission found that the interest rate on deposits report137 is no longer needed as a separate filing with the Commission. Therefore, we concluded that this reporting requirement should be eliminated for telecommunications carriers only through a rulemaking proceeding.
In the LB & FC Report, the Commission stated that the purpose of the report is to compare customer deposits taken for the current year with that of prior years. PTA indicated in the LB & FC Report that information on customer deposits is filed at Schedule 25 of the annual financial report.138 PTA's position was that this reporting requirement is no longer needed.
No comments were submitted addressing this reporting requirement. In reviewing Act 183 and our regulations, we affirm our decision in the Tentative Order that this reporting requirement is no longer needed as a separate filing with the Commission. Therefore, we conclude that staff shall immediately initiate a rulemaking proceeding to eliminate the interest rate on deposit requirements as required by our regulation at 52 Pa. Code § 64.41 for telecommunications carriers only. Since no comments were received, we rescind our Order at Docket No. P-00981357 in accordance with section 703(g) of the Public Utility Code.139
16. Quarterly Slamming Reports
In its Tentative Order, the Commission determined that LECs are no longer required to file long distance slamming reports. Since the FCC is responsible for administering and enforcing its slamming liability rules at 47 C.F.R. §§ 64.1140--1180 for interexchange carriers, the Commission found that there is no public need to require reporting in this area.
However, the Commission determined, in the Tentative Order, that information documenting the occurrence of local slamming140 remains vital to monitoring the quality of local telephone service, particularly the quality of customer service and consumer protection. The Commission concluded that section 3015 (e)(4) allows the Commission to require information regarding customer service to be filed in an annual service report so that the Commission can fulfill its statutory duties of service quality and consumer protection.
The filing of quarterly slamming reports with the Commission is required by our regulation at 52 Pa. Code § 64.23(b)(7) and Commission Order.141 Waivers of this requirement have been granted to ILECs having fewer than 50,000 access lines.142 All LECs regardless of access line counts must retain records of customer allegations of slamming for three years.143 In the LB & FC Report, the Commission indicated that the purpose of this report is to provide the Commission with data to monitor local and long distance slamming complaints received by ILECs with 50,000 or more residential accounts and CLECs.144 Companies maintain records and submit a quarterly report of all customer complaints made about slamming.145
Several comments were filed concerning this reporting requirement. BCS indicates that the Commission should continue to require all LECs with more than 50,000 access lines to file a report that addresses local slamming only.146 BCS recommends that the report be limited to an annual filing containing the following three items: the name of the company that slammed the LEC's customer, the slamming company's CIAC code, and the number of local slamming complaints the LEC has received.147
The PTA submits that legislative references to particular reports are properly interpreted as references to the reports that existed at the time that Act 183 was passed. The PTA specifically indicates that the use of the singular in the phrase ''annual service report'' means that it cannot be reasonably expanded to incorporate other reports that are not listed such as slamming and cramming.148 Also, the PTA interprets the statute to limit the language in section 3015(e)(9) to apply only to the bona fide retail request report and not to any other report in the list at section 3015(e).149 The PTA argues that the fact that the Commission's authority to determine the form of a report is limited to the bona fide retail request report highlights the strict limits intended by the General Assembly concerning the LECs reporting requirements. Further, the PTA submits that the quarterly slamming reports for local slamming do not relate to rates or rate setting and, therefore, the Commission can not require this report in accordance with section 3015(f)(1).150
MCI agrees with PTA that the General Assembly recognized the elimination of the reporting requirements which includes the quarterly slamming report as an unnecessary report.151 MCI submits that both the long distance and local slamming reports should be eliminated because it requires one LEC to report the alleged misbehavior of another LEC.152 MCI believes this requirement forces LECs to determine whether a slamming allegation is valid and this situation is problematic in a competitive environment.153
The OCA does not object to eliminating long distance slamming reports as recommended in the Commission's Tentative Order.154 However, the OCA requests that the Commission indicate in its final order that long distance slamming continues to be a violation of section 1501 of the Public Utility Code and may be enforced by the Commission in a future case.155
In reviewing the comments submitted in this docket and the provisions of Act 183, the Commission affirms it determination that LECs are no longer required to report long distance slamming. As stated previously, since the Federal Communications Commission (FCC) is responsible for administering and enforcing its slamming liability rules at 47 C.F.R. §§ 64.1140--1180 for interexchange carriers, there is no public need for the Commission to require reporting in this area.
Also, we agree with the participants that urged the Commission to eliminate the local slamming report. Although the Commission clearly retains the authority at section 3019(b)(2) to address service standards and consumer protection, we find that the local slamming report should be eliminated. However, we determine that incidents of local slamming should be maintained by the LECs for a minimum of three years as required by our regulations at section 64.23(b)(7). In addition, in the event that the Commission requests slamming information, we find that the LECs continue to be required to furnish such information to the Commission upon request in accordance with section 505 of Title 66. Further, we determine that the Commission maintains the ability to inspect the records of utilities as deemed necessary in accordance with section 506 of Title 66. In consideration of our authority to gain information regarding local slamming when necessary, we determine that the LECs no longer are required to file local slamming reports.
Therefore, the Commission will immediately initiate a rulemaking to revise its regulations to eliminate long distance and local slamming complaints as required by our regulations at section 64.23(b)(7). As set forth in the Tentative Order, the waiver of the quarterly report filing will remain in effect until such time as regulations revised in accordance with this discussion receive final regulatory approval.156
17. Quarterly Cramming Reports
In the Tentative Order, we concluded that the quarterly cramming reports should be discontinued because the Commission does not have jurisdiction over the entities that are primarily responsible for cramming.157 Therefore, in our Tentative Order, we directed staff to immediately initiate a rulemaking to revise section 64.23(a)(6) to eliminate this reporting requirement. In addition, the Commission waived the filing of cramming reports until such time as our revised regulations receive final regulatory approval.
In the LB & FC Report, the Commission stated that our regulations at section 64.23(a)(6)158 required cramming reports to be filed on a quarterly basis by LECs.159 All LECs regardless of access line counts must retain records of customer complaints alleging cramming for three years. The purpose of these quarterly reports is to provide the Commission with data to monitor cramming complaints received by ILECs with 50,000 or more residential accounts and CLECs.160
The PTA and OCA filed comments concerning this reporting requirement. Although the PTA states that OCA's comments fall outside of the scope of this proceeding, the PTA concurs with the OCA that the Commission continues to regulate LEC and IXC cramming with the caveat that the Commission's jurisdiction is limited to intrastate cramming charges on LEC bills.161 Also, the PTA, at the time of the LB & FC Report, opposed this requirement as it does not believe that its members should be burdened with reporting IXC misbehavior. The PTA argued that there are other means by which the Commission can obtain this information to monitor the frequency in which these incidents occur in order to identify trends involving specific IXCs.162
The OCA does not object to the elimination of the cramming report but submits that the Commission retains jurisdiction over IXC and non-IXC carriers' billing actions concerning cramming.163 The OCA clarifies that the Commission's regulations at section 64.23(a) apply to any cramming charges that appear on a LEC bill. Also, the OCA emphasizes that the Commission retains jurisdiction over many of the bills provided to Pennsylvania customers on which cramming charges from IXCs or non-IXC carriers may appear. The OCA relies on sections 3018(b)(3) and 3019(b)(2) to reach its conclusion that the Commission retains jurisdiction over LEC and IXC cramming and may continue to eliminate these charges from a LEC's bill.164
Upon further review of Act 183, we agree with the OCA that the Commission retains jurisdiction over cramming charges that appear on LEC bills by IXC or non-IXC carriers. Chapter 30 at section 3018(b) clearly retains the Commission's authority to regulate the ordering, installation, restoration and disconnection of interexchange service to customers. In addition, section 3018(d) also provides authority to the Commission to resolve complaints regarding the quality of IXC service.165 Further, we agree with the PTA and the OCA that the Commission retains additional authority under section 3019(b)(2) of Chapter 30 to review and revise quality of service standards addressing the ordering, installation, suspension, termination and restoration of any telecommunications service.166
However, upon our review of Act 183, we continue to believe that we do not retain jurisdiction over many of the entities that may cram charges on LECs bills to customers. Because of this determination, we conclude that the quarterly cramming reporting requirement can be eliminated consistent with the discussion in our Tentative Order.
18. Accident Reports and Service Outage Reports
In the Tentative Order, the Commission determined that the accident and service outage reporting requirements should receive additional comment to determine their necessity. At the same time, we found that these reporting requirements are not listed among the annual and other periodic reporting requirements listed in Section 3015(e). However, based on the provisions at sections 3019(b)(2) and (b)(3), we determined that Act 183 retains the Commission's authority to review and establish requirements relative to service quality for the safety and reliability of telecommunications services and consumer protection.167 In addition, the Commission concluded that we are granted the authority in Section 1501 of the Title 66168 to ensure that every public utility furnishes and maintains adequate, efficient, safe and reasonable service and facilities.
The reports, as required by the Commission's regulations at section 63.11 and section 1508 of Title 66,169 require all public utilities, including LECs, to file reports following an accident resulting in the death of a person or an occurrence of an unusual nature. The purpose of the report is to have information provided to the Commission so that it can monitor serious accidents involving facilities or operations of all public utilities.170 At the time of the LB & FC report, the PTA indicated that accident reports are only required on a per incident basis and stated that no changes in this reporting requirement are necessary.171
In addition, the Commission's regulations at section 67.1 requires all public utilities, including LECs, to report service outages when 2,500 or 5 percent, whichever is less, of a public utility's customers have an unscheduled service interruption in a single accident for six or more projected consecutive hours.172 The Commission reviews the service outage reports to ensure that all necessary steps were taken in the utility's restoration efforts and to monitor the level of service outages occurring in the state.173 The PTA indicated in the LB & FC Report that no changes to this reporting requirement should be made.174
Comments were filed in this docket by interested participants concerning accident and service outage reports. FUS explains that the Commission has developed an electronic form to report accidents that are required whenever injury or death occur involving utility property, on a per occurrence basis.175 FUS indicates that this report is required by statute at section 1508 of Title 66 and, thus, cannot be waived by the Commission. In addition, FUS concludes that the General Assembly has not eliminated accident reports as a reporting requirement because section 1508 of Title 66 has not been superseded by Chapter 30 at 3019(h).176
Regarding the service outage reports, FUS indicates that this report is required by section 67.1 of our regulations to implement our statutory duty of ensuring that utility service ''shall be reasonably continuous and without unreasonable interruptions or delay'' in accordance with section 1501 of Title 66.177 Again, FUS points out that section 1501 has not been superseded by Chapter 30 at 3019(h). In addition, FUS submits that the service outage reports are required to implement the provisions of section 3019(b)(2) of Chapter 30 since the Commission retains the authority to review and revise standards addressing safety, adequacy, and reliability of service.178 FUS further explains that the purpose of the service outage reporting requirement is to provide the utility with an opportunity to initially explain the circumstances surrounding an outage of larger magnitude so that the Commission can determine whether the incident warrants enforcement action under section 1501.179
The PTA submits that accident reports and service outage reports are no longer required because they are not specified in section 3015(e) of Chapter 30.180 In addition, these two reports cannot be requested by the Commission under section 3015(f)(1)(i) because they do not address rates. Further, the PTA submits that the Commission cannot require accident and service outage reports under section 3015(f)(1)(ii) because subpart (i) and (ii) operate together.181 The PTA thus concludes that the accident reports and service outage reports may not be required by the Commission and must be discontinued.182
In addition, the PTA disagrees with FUS' conclusions that certain provisions of Title 66 are not superseded by Act 183. Rather, the PTA submits that Act 183 is clear at section 3019(h) in that the statute supersedes ''any conflicting provisions of this title or other laws of this Commonwealth.''183 The PTA concludes that accident and service outage reporting can no longer be maintained because of the above-mentioned provisions of Chapter 30.
The OCA submits that section 1501 of Title 66 permits the Commission to request utilities to provide notice of widespread and prolonged service failures in order that the Commission knows whether a particular utility is providing reasonably continuous service.184 The OCA submits that elimination of this requirement for service outage reports would present a large danger to public safety which is a result the General Assembly could not have intended. The OCA submits that the Commission can comply with section 3015(f) of Chapter 30 because the threat to public safety that would result from eliminating the service outage reporting requirement clearly outweighs the LECs expense and time to prepare the required information.185 However, the OCA comments that the Commission is correct in that section 3019(b)(2) provides the Commission authority to seek information necessary to facilitate the review and revision of service standards including those involving safety, adequacy and reliability.186
In the Commission's judgment, the information contained in the accident reports and service outage reports, filed on a per incident basis, is important to the Commission's duty to ensure reasonable, adequate and reliable utility service for the benefit of consumers in accordance with section 1501 of Title 66 and our regulations at sections 63.11 and 67.1. The Commission receives this information from every public utility, including telephone companies, and the information is vital in an emergency situation to allow the Commission to respond effectively. Since obtaining timely and current information regarding serious service outages and accidents relates directly to our ability and statutory duty to monitor the quality of service provided by LECs, it appears that the benefits of this report may outweigh the attendant costs.187
Accordingly, we find that the accident and service outage reports are not within the scope of reports listed in section 3015(e) but, at the same time, we shall refer to another proceeding the issue of whether these reports, filed on a per incident basis, meet the exception standard in section 3015(f)(1) that would nevertheless allow the Commission to require these reports on a permanent basis.188 In the interim, to protect against a gap in our ability to fulfill our statutory duty to ensure safe and reliable service to the public, we shall require the LECs to continue to file, on a per incident basis, the accident and service outage reports pending the outcome of the 3015(f) proceeding.
19. Service Surveillance Exception Reports
In our Tentative Order, we found that the service quality exception reports are reflective of and are permitted by our statutory obligation to mandate that public utilities provide safe, adequate and reliable public utility service in accordance with Act 183 and sections 308(d), 331(b) and 1501 of Title 66. Nevertheless, the Commission determined that the necessity of this reporting requirement will be further examined in the context of Petition of the Consumer Advocate for Rulemaking to amend 52 Pa. Code Chapter 63 pending at Docket No. P-00021985.189
The Commission's regulations at 52 Pa. Code § 63.55 require ILECs and CLECs to file service surveillance exception reports when the companies' performance fails to meet minimal performance standards set forth in subchapter E (relating to telephone quality service standards).190 The report is required to be filed only if a company's performance fails to meet minimal standards for three consecutive months191 and the report apprises the Commission of corrective steps the company will take to remedy the situation.192 The report allows the Commission to monitor the LECs on-going performance and to take necessary corrective action.193 Further, we note that the service surveillance exception report is not a recurring report and therefore differs from the type of annual and other periodic reports addressed in section 3015(e).
MCI filed comments recommending that this reporting requirement be eliminated because it is considered an annual service report and it is not necessary in the present competitive telecommunications market place.194 MCI indicates that Chapters 63 and 64 of the Pennsylvania Code were written to monitor and enforce compliance with service quality levels when customers had no choice in telecommunications providers.195 On the other hand, the PTA stated in the LB & FC Report that the purpose of the report is to identify service performance issues and the subsequent resolution of particular issues.196 The PTA did not object to filing these service quality exception reports.197
Although comments were filed addressing this reporting requirement, we affirm our decision in the Tentative Order to further examine this regulation and its necessity in the context of the Petition of the Consumer Advocate for Rulemaking to amend 52 Pa. Code Chapter 63 pending at Docket No. P-00021985.
20. Traffic Usage Studies
In the Tentative Order, we concluded that the biennial filing of the traffic usage studies should continue to be waived while the Commission examines the EAS Task Force's recommendations presently pending before us. However, in the interim, we determined that the Commission's Administrative Law Judges have the discretion to require that traffic usage studies, if needed, be performed on a case by case basis in any pending complaint proceedings addressing EAS issues. Further, we noted that, once the Commission has concluded its work on the EAS Task Force's recommendations at Docket No. M-00031703, we will address whether there is a continuing need for this requirement and any appropriate revisions to our regulations.
As indicated in the LB & FC Report, the Commission's regulations at section 63.72 require all LECs to conduct interexchange toll usage studies to measure the average calling frequency between contiguous exchanges and between exchanges having a toll rate center within 16 miles.198 The Commission's regulations require that the traffic usage studies be done every two years. Presently, traffic usage studies are required on a case by case basis and are used during an Extended Area Service (EAS) complaint proceeding.
At the present time, the filing of this report on a routine biennial basis by all LECs has been waived. In June 1999, the Commission suspended the requirement to file biennial reports and directed that further evaluation be undertaken regarding the usefulness of the traffic studies.199 Subsequently, the Commission established an EAS Task Force200 to determine how to make traffic studies more reflective of the realities existing in the current market place. The PTA participated in the Commission's EAS Task Force and recommended that the existing regulations and traffic usage studies be eliminated.201
MCI submitted comments concerning the traffic usage studies. MCI recommends that all regulations associated with EAS should be eliminated which would obviate the need for traffic usage studies.202 No other comments were filed addressing this reporting requirement.
Based upon our review of section 3015(e) of Chapter 30, the Act does not specifically list that traffic usage studies have to be filed by the LECs. Second, we note that our current regulation at section 63.72 pertaining to biennial traffic usage studies has been waived since 1999 and the current regulations have been examined in the Commission's EAS Task Force. Thus, we conclude that the biennial filing of the traffic usage studies continue to be waived at this time while the Commission examines the EAS Task Force's recommendations presently pending before us.
21. Service Life Study Report
In our Tentative Order, the Commission determined that the list of reports permitted by Act 183 does not include a separate service life study report of the type required by section 73.5 of our regulations. We also concluded that this reporting requirement should be waived and staff commence a rulemaking proceeding to eliminate the regulation. In addition, we concluded that each LEC remains obligated to file service life study information in the form specified by section 73.5 of our regulations as part of the NMP biennial report consistent with sections 3014(f)(1) and 3015(e)(1).
In the LB & FC Report, the Commission states that it requires telephone utilities providing telephone service with over 50,000 access lines to file service life study reports triennially to reflect estimates for each depreciable group of utility plant used in determining annual depreciation expense.203 Currently, this reporting requirement applies to the eight largest ILECs204 but has been waived since 2001.205 The Commission indicated in the LB & FC Report that depreciation expense is a major item in determining rates of unbundled network elements of ILECs that are leased to CLECs. This report also provides detailed support for depreciation and plant information contained in each company's annual financial and depreciation reports.
The PTA indicated in the LB & FC Report that the service life study report should be waived during the time period that a telecommunications carrier has a Chapter 30 plan in effect. The PTA also indicated that a permanent waiver should be granted to all carriers with existing Chapter 30 plans.206 No other comments were submitted at this docket.
Upon our review of Act 183 at section 3015(e), the list of reports does not include a separate service life study report of the type required by section 73.5 of our regulations. In addition, this reporting requirement has been waived since 2001. Therefore, we shall waive this filing requirement as it pertains to general filing and reporting obligations, and staff will immediately commence a rulemaking proceeding to eliminate the regulation.
At the same time, we note that sections 3014(f)(1) and 3015(e)(1) continue to require the filing of biennial reports in the detail and form required by the Commission as of July 1, 2004,207 unless the Commission reduces such reporting requirements. The Commission's reporting requirements for biennial updates currently includes a requirement to file service life study reports in the form specified by section 73.5. Therefore, each LEC remains obligated to file this information with its NMP biennial report consistent with sections 3014(f)(1) and 3015(e)(1).
22. Capital Investment Plan Report
In our Tentative Order, the Commission determined that the list of reports permitted by Chapter 30 does not include a separate capital investment plan report of the type required by section 73.7 of our regulations.208 We also concluded that this reporting requirement should be waived and staff should commence a rulemaking proceeding to eliminate the regulation. In addition, we concluded that each LEC remains obligated to file a capital investment plan report in the form specified by section 73.7 of our regulations as part of the NMP biennial report consistent with sections 3014(f)(1) and 3015(e)(1).
Our regulations at section 73.7 require telephone utilities with over 50,000 access lines to file a capital investment plan report which provides an overview of plans for major project expansion, modification, or other alteration of current and proposed facilities.209 The purpose of this report is to document the companies' plans for future plant investment so that any imprudent plant expenditures can be detected. The Commission indicated in the LB & FC Report that this reporting requirement provides information regarding investment in the Commonwealth infrastructure and reviewed in conjunction with the utilities NMPs.210 Currently, this reporting requirement applies to the eight largest ILECs211 but has been waived since 2001.212
The PTA favored in the LB & FC Report a permanent waiver to all LECs with Chapter 30 plans.213 No other comments were submitted concerning this reporting requirement.
Upon our review of Act 183 at section 3015(e), the list of reports does not include a capital investment plan report of the type required by section 73.7 of our regulations. In addition, this reporting requirement has been waived since 2001. Therefore, we shall waive this filing requirement as it pertains to general filing and reporting obligations, and staff will immediately commence a rulemaking proceeding to eliminate the regulation.
At the same time, we note that Sections 3014(f)(1) and 3015(e)(1) continue to require the filing of biennial reports in the detail and form required by the Commission as of July 1, 2004,214 unless the Commission reduces such reporting requirements. The Commission's reporting requirements for biennial updates currently includes a requirement to file capital investment plan reports in the form specified by section 73.7. Indeed, the specific information contained in such capital investment plan reports will be critical to the Commission's ability to evaluate compliance with broadband deployment commitments. Therefore, each LEC remains obligated to file this information as part of its NMP biennial report consistent with Sections 3014(f)(1) and 3015(e)(1).
23. Service Records
In our Tentative Order, we concluded that the obligation to keep internal service quality records at section 63.22 of our regulations will continue. At the same time, we determined that the retention of LECs' service records, including the specific nature of the records to be maintained, should be addressed in Petition for Appeal from Action of Staff filed by the Pennsylvania Telephone Association, Docket No. M-00031772 (filed January 9, 2004) that is presently pending before us. Also, we noted in the Tentative Order that section 63.22 is not a general filing or reporting requirement; rather, it is a regulation that directs each LEC to keep adequate internal records regarding tests and inspections, service complaints and trouble reports, and service interruptions.215
The LB & FC Report discussed service records, particularly the requirement at section 63.22(c) that such records be filed with the Commission when a request is made to examine such records.216 The Commission indicated in the LB & FC Report that the purpose of the record keeping provision is to ensure that utilities keep sufficient records of tests and inspections of facilities, service complaints and trouble reports, service interruptions affecting 300 or more customers and the location and description of its plant. The records are available to the Commission on request and allow the Commission to verify whether proper tests and inspections are conducted and service complaints are addressed. These records are necessary to verify that adequate, efficient, safe and reliable service is being provided to the public.217
MCI submitted comments regarding this reporting requirement.218 MCI does not object to handling this reporting requirement in a separate proceeding as we concluded in our Tentative Order. However, MCI requests that the Commission should permit other interested parties to join in the Petition for Appeal from Action of Staff filed by the Pennsylvania Telephone Association, Docket No. M-00031772. To do so, MCI requests that the Commission provide notice to all regulated telecommunications providers to file comments on any changes to the regulations addressed in that docket.
No other interested participant filed comments in this docket. However, in the LB & FC Report, the PTA indicated that ILECs must keep records in accordance with the Commission's regulations and that an ILEC must maintain the records at its offices and provide them to the Commission upon request.219 The PTA did not oppose any changes to the requirement of maintaining service records for inspection by the Commission. However, in the LB & FC Report, the PTA did oppose a request made by the OCA under section 63.22 (c) to obtain access to these service records. PTA argued that the only reports that must be made available to the OCA are those that may be made available to the public, the standard service surveillance level reports as previously discussed in Section 19, supra. The PTA does not object to disclosing the standard service surveillance level reports to OCA.220
In terms of Chapter 30's required reports at section 3015(e) and additional Commission authority at section 3019(b)(2), section 63.22 is not a general filing or reporting requirement. As stated previously, section 63.22 is a regulation directing each LEC to keep adequate internal records regarding tests and inspections, service complaints and trouble reports, and service interruptions. Because of the nature of this regulation, we determine that it is not inherent to the reporting requirements of Chapter 30 at section 3015(e). At this time, we find that the obligation to keep internal service quality records at section 63.22 of our regulations will continue until we dispose of the matter in the pending Petition for Appeal from Action of Staff filed by the Pennsylvania Telephone Association at Docket No. M-00031772.
24. Affiliated Interest Agreement
In the Tentative Order, we determined that the LECs are required to continue to file their affiliated interest agreements in accordance with sections 2101 and 2102 of Title 66 and Act 183. Also, we found that, although affiliated interest agreements are not listed on the reports to be filed by LECs at Section 3015(e), section 3019(b)(1) requires the LECs to file affiliated interest and affiliated transaction agreements unless such agreements involve services declared competitive. In addition, we determined that section 3019(b)(1) provides that the filings shall constitute notice to the Commission only and shall not require approval by the Commission.
In the LB & FC Report, the Commission indicated that affiliated interest agreements are reviewed to ensure that all public utilities comply with the statute to ensure that there is no self-dealing by the utility. As prescribed by Title 66 at sections 2101 and 2102,221 the filing of affiliated interest agreements applies to all public utilities that enter into a contract or arrangement with an affiliate to provide service or purchase or lease of any property.
No comments were received concerning this reporting requirement. However, the PTA noted in the LB & FC Report that this filing notifies the Commission of affiliated interest transactions and suggested no changes in the reporting requirement.222
We affirm our determinations as stated in the Tentative Order. In reviewing Chapter 21 of the Public Utility Code in conjunction with Act 183, we find that section 3019(b)(1) requires the LECs to file affiliated interest and affiliated transaction agreements unless such agreements involve services declared competitive. In addition, section 3019(b)(1) provides that the filings shall constitute notice to the Commission only and shall not require approval by the Commission. Therefore, the LECs continue to be required to file the agreements in accordance with Section 2101 and 2102 of Title 66 and Act 183 for notice only and not approval purposes.
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90 66 Pa.C.S. § 3015(e)(6).
91 Id. and 52 Pa. Code § 69.153.
92 LB & FC Report at 16.
93 PTA May 3, 2005 Comments at 6.
94 Joint Petition of Nextlink PA, Inc., Senator Vincent J. Fumo, Senator Roger Madigan, Senator Mary Jo White, et al, for Adoption of Partial Settlement Resolving Telecommunications Issues, Docket Nos. P-00991648 and P-00991649 (Order entered February 21, 2003).
95 Verizon North Inc. and Verizon Pennsylvania Inc.
96 The LECs affected are Alltel, Comcast, Commonwealth Telephone Company, MCI Inc., and United Telephone Company.
97 BCS May 3, 2005 Comments at 2-3.
98 BCS May 3, 2005 Comments at 5.
99 Id. at 6.
100 Id.
101 PTA May 31, 2005 Comments at 7.
102 PTA May 3, 2005 Comments at 12-13.
103 PTA May 31, 2005 Comments at 5-6.
104 Id.
105 LB & FC Report at 17.
106 OCA May 3, 2005 Comments at 2.
107 Id. at 4.
108 Id. at 2-3 and OCA June 2, 2005 Comments at 2-3. Formal Investigation to Examine and Establish Updated Universal Service Principles and Policies for Telecommunications Services in the Commonwealth, Docket No. I-00940035 (Order on Reconsideration entered July 31, 1997).
109 OCA June 2, 2005 Comments at 4-5.
110 Id. at 5-6.
111 Lifeline and Link-Up, Docket No. M-00051871 (Order entered May 23, 2005). The Commission is requiring that companies verify customers' continuing eligibility in Lifeline/Link-Up programs on an annual basis using the FCC's regulations as a guideline for reporting this information.
112 OCA June 2, 2005 Comments at 9.
113 66 Pa.C.S. § 3012 (emphasis added). OCA June 2, 2005 Comments at 9-10.
114 OCA June 2, 2005 Comments at 11 and LB & FC Report at 17.
115 66 Pa.C.S. § 3019(f).
116 OCA May 3, 2005 Comments at 4.
117 BCS May 3, 2005 Comments at 6.
118 Section 3015(f) Review Regarding the Lifeline Tracking Report, Accident Report and Service Outage Report, Docket No. M-00051900 (Order adopted September 9, 2005).
119 LB & FC Report at 18.
120 PTA May 3, 2005 Comments at 7.
121 Physical and Cybersecurity Program Self Certification Requirements for Public Utilities, Docket No. M-00031717 (Order entered December 9, 2003) and Public Utility Security Planning and Readiness, Docket No. L-00040166 (Order entered October 5, 2004). On March 3, 2005, the Commission approved a revised final rulemaking concerning public utility security planning and readiness. See Revised Final Rulemaking Order Re: Public Utility Security Planning and Readiness, Docket No. L-00040166 (Order entered March 10, 2005), 35 Pa.B. 3299 (June 11, 2005).
122 LB & FC Report at 19. The Commission has committed to treating the information on a confidential basis.
123 PTA Letter to Commission Secretary McNulty dated February 11, 2005.
124 Petition of the Pennsylvania Independent Telco Coalition for Designation as Eligible Telecommunications Carriers for both State and Federal Purposes, Docket No. P-00971264 (Order entered June 11, 2004).
125 If there is any significant change in these areas, the Commission noted that the PTA is required to notify the Commission of the change within 30 days of its occurrence.
126 LB & FC Report at 20.
127 47 C.F.R. § 54.314.
128 OCA May 3, 2005 Comments at 5.
129 In the Matter of Federal-State Joint Board on Universal Service, CC Docket No. 96-45 (Order released March 17, 2005).
130 OCA May 3, 2005 Comments at 6. The OCA also submits similar comments during the May 11, 2005 Facilitated Discussion. Tr. 35-36.
131 66 Pa.C.S. at §§ 3014 and 3015.
132 Id. at § 3015.
133 Id. at § 3015(a)(2).
134 Sunset of Chapter 30, Title 66 of the Public Utility Code, Docket No. M-00041786 (Order adopted January 16, 2004).
135 LB & FC Report at 21.
136 Id.
137 52 Pa. Code § 64.41. Petition of the Pennsylvania Telephone Association for Waiver of the Pennsylvania Public Utility Commission's Regulation at 52 Pa. Code § 64.41, Docket No. P-00981327 (Order entered November 5, 1998).
138 LB & FC Report at 23.
139 66 Pa.C.S. § 703(g).
140 Slamming is an unauthorized change to the customer's long distance carrier. 52 Pa. Code § 64.23 (b).
141 Proposed Rulemaking and Final Interim Guidelines for Standardizing Local Exchange Company Responses to Customer Contacts Alleging Unauthorized Changes to Customers' Telecommunications Service Providers and Unauthorized Charges to Customers' Bills, Docket Nos. L-00990140 and M-00981063 (Order entered January 14, 1999).
142 Petition of Pa. Telephone Association for Waiver of Requirements at 52 Pa. Code § 64.23(a) (6) and (b)(7), Docket No. P-00032050 (Order entered September 18, 2003).
143 The 3-year record keeping requirement appears at 52 Pa. Code § 64.23(b)(7).
144 LB & FC Report at 25.
145 Also, BCS compares this information with the number of informal complaints filed to determine whether the LECs are handling these complaints according to the Commission's regulations at Section 63.23(b). Additionally, the Office of Trial Staff may use this information to prosecute a LEC for non-compliance. This information may also be used by the Commission's Office of Communications to support its consumer education efforts.
146 BCS May 3, 2005 Comments at 2.
147 Id.
148 PTA May 3, 2005 Comments at 4 and PTA May 31, 2005 Comments at 6.
149 Id. at 4-5. Section 3015(e)(9) includes the following language: ''[t]hese reports shall be submitted in the form determined by the commission.''
150 Id. at 12-13.
151 MCI May 3, 2005 Comments at 2. Tr. at 36.
152 MCI May 31, 2005 Comments at 7.
153 Id.
154 OCA May 3, 2005 Comments at 6.
155 Id. at 7. Tr. at 36. The PTA agrees with the OCA's statement that long distance slamming continues to be a violation of the Public Utility Code.
156 Note that the 3-year maintenance requirement for all records of customer allegations of slamming in section 64.23(b)(7) is a record keeping requirement and not a reporting requirement and as such, remains in effect for all LECs pending further regulatory action.
157 Cramming is unauthorized charges added to the customer's bill. 52 Pa. Code § 64.23(a). The three year record keeping requirement at 52 Pa. Code § 64.23(a)(6) is a record keeping requirement and not a reporting requirement and as such, remains in effect for all LECs pending further regulatory action.
158 52 Pa. Code § 64.23(a)(6). Waivers of this requirement have been granted to ILECs having fewer than 50,000 access lines.
159 LB & FC Report at 26.
160 BCS compares this information with the number of informal complaints to determine whether the LECs are handling these complaints according to the regulations at Section 63.23(a). BCS may forward this information about problem companies to the Attorney General's Office for investigation. BCS also provides this information as needed to the Commission's Communications Office to support its consumer education program.
161 PTA May 31, 2005 Comments at 6-7.
162 LB & FC Report at 26-27.
163 OCA May 3, 2005 Comments at 7-8. Tr. at 36.
164 Id. at 8-9.
165 66 Pa.C.S. § 3018(b) and (d).
166 66 Pa.C.S. § 3019(b)(2).
167 Id.
168 66 Pa.C.S. § 1501.
169 52 Pa. Code § 63.11 and 66 Pa.C.S. § 1508. Specifically, § 1508 provides that every public utility give immediate notice to the Commission of any accident in or about, or in connection with, the operation of its service and facilities, when a person has been killed or injured.
170 LB & FC Report at 28.
171 Id.
172 52 Pa. Code § 67.1.
173 LB & FC Report at 32.
174 Id.
175 FUS May 3, 2005 Comments at 1. Tr. at 41.
176 Id. Section 3019(h) repeals several sections of Chapter 13 of Title 66 but section 1508 is not repealed by Chapter 30. Therefore, FUS states that this incident driven reporting is expected by the Legislature to be continued, otherwise it would have been specifically highlighted as superseded. FUS May 3, 2005 Comments at 1. Tr. at 41.
177 FUS May 3, 2005 Comments at 1.
178 Tr. at 41.
179 Id. at 1-2.
180 PTA May 3, 2005 Comments at 12.
181 66 Pa.C.S. § 3015(f)(1)(i) and (ii). Notwithstanding any other provision of this title to the contrary, no report, statement, filing or other document or information, except as specified in subsection(e), shall be required of any local exchange telecommunications company unless the commission, upon notice to the affected local exchange telecommunications company and an opportunity to be heard, has first made specific written findings supporting conclusions in an entered order that: (i) The report is necessary to ensure that the local exchange telecommunications company is charging rates that are in compliance with this chapter and its effective alternative form of regulation. (ii) The benefits of the report substantially outweigh the attendant expense and administrative time and effort required of the local exchange company to prepare it.
182 Id. at 12-13. PTA May 31, 2005 Comments at 3-4.
183 66 Pa.C.S. § 3019(h). PTA May 31, 2005 Comments at 3.
184 OCA May 3, 2005 Comments at 12-13.
185 Id. at 14.
186 Id. at 15.
187 We note here that the per incident accident report is a 1-page form and that the service outage report is a 2-page form, both available on the Commission's website. In years that no accidents or serious service outages occur, no report would be required.
188 Section 3015(f) Review Regarding the Lifeline Tracking Report, Accident Report and Service Outage Report, Docket No. M-00051900 (Order adopted September 9, 2005).
189 The petition was published Nov. 2, 2002, at 32 Pa.B. 5416 for interested parties to comment.
190 LB & FC Report at 29.
191 52 Pa. Code § 63.55(a).
192 A waiver exempting a company from complying with any of the subchapter's requirements may be granted by the Commission where unreasonable hardship is demonstrated. 52 Pa. Code § 63.53(e).
193 LB & FC Report at 29.
194 MCI May 31, 2005 Comments at 7.
195 MCI May 31, 2005 Comments at 7-8.
196 Id.
197 Id.
198 52 Pa. Code § 63.72.
199 Formal Investigation to Examine and Establish Updated Principles and Policies for Telecommunications Services in the Commonwealth Report and Recommendation of the Universal Service Task Force, Docket No. I-00940035 (Order entered June 30, 1999).
200 Report and Recommendation of the Extended Area Service (EAS) Task Force, Secretarial Letter issued April 1, 2003 at Docket No. M-00031703.
201 LB & FC Report at 31.
202 MCI May 31, 2005 Comments at 8.
203 LB & FC Report at 33.
204 The affected ILECs are as follows: Alltel, Commonwealth Telephone Company, Conestoga Telephone Company, D&E Communications Inc., North Pittsburgh Telephone Company, United Telephone Company, Verizon North Inc., and Verizon Pennsylvania Inc.
205 Petition of Alltel Pennsylvania, Inc., Commonwealth Telephone Co., Conestoga Telephone and Telegraph Co., D&E Telephone Co. and North Pittsburgh Telephone Co. for a Temporary Waiver of Service Life Study Reporting Requirement Pursuant to 52 Pa. Code § 73.5(b), Docket No. P-00011885 (Order entered June 21, 2001).
206 Id.
207 Implementation of Chapter 30 of the Public Utility Code: Reporting Requirements for Biennial Updates of Network Modernization Plans Filed Pursuant to 66 Pa.C.S. § 3003(b)(6), Docket No. M-00930441 (Order entered May 17, 1999).
208 52 Pa. Code § 73.7.
209 LB & FC Report at 34.
210 Id.
211 The affected ILECs are as follows: Alltel, Commonwealth Telephone Company, Conestoga Telephone Company, D&E Telephone Co., North Pittsburgh Telephone Company, United Telephone Company, Verizon North Inc., and Verizon Pennsylvania Inc.
212 Petition of Alltel Pennsylvania, Inc., Commonwealth Telephone Co., Conestoga Telephone and Telegraph Co., D&E Telephone Co. and North Pittsburgh Telephone Co. for a Temporary Waiver of the Capital Investment Plan Reporting Requirement Pursuant to 52 Pa. Code § 73.7, Docket No. P-00011917 (Order entered December 5, 2001).
213 LB & FC Report at 34.
214 Implementation of Chapter 30 of the Public Utility Code: Reporting Requirements for Biennial Updates of Network Modernization Plans Filed Pursuant to 66 Pa.C.S. § 3003(b)(6), Docket No. M-00930441(Order entered May 17, 1999).
215 52 Pa. Code § 63.22.
216 LB & FC Report at 35.
217 Id.
218 MCI May 31, 2005 Comments at 2-3.
219 Id.
220 Id.
221 66 Pa.C.S. §§ 2101 and 2102.
222 LB & FC Report at 36.
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