[35 Pa.B. 5910]
[Continued from previous Web Page] 25. NMP Biennial Reports
In the Tentative Order, the Commission found that section 3014(f)(1) continues to allow biennial NMP reports to be filed in the form and detail required by the Commission as of July 1, 2004. We also determined that section 3014(f)(2) permits the Commission to require ''submission of further information to support the accuracy of or to seek an explanation of the [NMP] reports.''223 In addition, we found that Chapter 30 permits the filing of NMP reports at section 3015(e)(1) and therefore determined that no revision is needed to the Commission's 2004 Policy Statement or 1999 Order requiring biennial NMP reports.
In the LB & FC Report, the Commission explained the filing of biennial NMP reports as required by our 2004 Policy Statement224 and 1999 Order225 so that the Commission is provided the necessary details of each LEC's progress toward meeting its network modernization objectives. The NMP reports are unique to the specific Chapter 30 petition filed by a LEC and subsequently approved by the Commission.226
At the time of the LB & FC Report, the PTA described the biennial NMP reports as demonstrating a LEC's commitment to accelerate the modernization of its network by providing the carrier's current and projected deployment of its network and the LEC's penetration levels by type of service, including depreciation and capitalization information. The PTA also noted that its member companies are abiding by the current reporting requirements developed by the Commission.227 No other comments were submitted in this docket.
Therefore, we affirm our determinations in the Tentative Order. In reviewing Chapter 30, we find that the General Assembly, at Section 3014(f)(1), continues to allow biennial NMP reports to be filed in the form and detail required by the Commission as of July 1, 2004. In addition, the Legislature at Section 3014(f)(2) permits the Commission to require ''submission of further information to support the accuracy of or to seek an explanation of the [NMP] reports.''228 Further, Act 183 permits the filing of NMP report at Section 3015(e)(1). Thus, we find that no revision is needed to the Commission's 2004 Policy Statement or 1999 Order requiring biennial NMP reports in light of Act 183's passage.
26. Collocation Report
In the Tentative Order, the Commission concluded that no action was needed to eliminate this reporting requirement since the Commission no longer requires this reporting requirement as set forth in its February 14, 2005 Secretarial Letter to all ILECs and CLECs.229 Originally, this report was required to inform the Commission about the quality of Verizon Pennsylvania Inc.'s collocation provisioning to CLECs.230 In the LB & FC Report, the Commission indicated that this reporting requirement applies to CLECs or ILECs that collocate switches in Verizon Pennsylvania's central offices.
No comments were filed regarding this reporting requirement. Therefore, we affirm the determination in our Tentative Order concerning collocation reports and conclude no further action is necessary.
Based on our review of the comments submitted in this docket, Chapter 30 and the LB & FC report, the Commission directs the continuation, consolidation and/or elimination of the reporting requirements presently imposed on LECs operating in Pennsylvania, Therefore,
It Is Ordered That:
1. The annual financial report as required by 52 Pa. Code § 63.36 and pursuant to § 3015(e)(2) shall be filed by October 31, 2005 in the format agreed to by the Commission's Bureau of Fixed Utility Services and the Pennsylvania Telephone Association in the August 9, 2005 stipulation as Appendix A filed at this docket. This format shall apply to all incumbent and competitive LECs and shall be filed by October 31, 2005 as discussed herein. In subsequent years, the filing date for the LECs annual financial report shall be in accordance with the Commission's regulations at section 63.36.
2. Law Bureau shall immediately initiate rulemaking proceedings to eliminate the following reports for telecommunications carriers only:
* Financial Earnings Report, 52 Pa. Code § 71.3
* Annual Depreciation Report, 52 Pa. Code § 73.3
* Interest On Deposits Report, 52 Pa. Code § 64.41
* Service Life Study Report, 52 Pa. Code § 73.5
* Capital Investment Plan Report, 52 Pa. Code § 73.7
* Residential Account Information on a quarterly basis as required by 52 Pa. Code § 64.201(b)
* Quarterly Cramming Reports, 52 Pa. Code § 64.23 (a)(6)
* Quarterly Slamming Report, 52 Pa. Code § 64.23 for long distance and local slamming
* Collocation Report, Docket Nos. R-00994697 and R-00994697C0001.
These regulations are hereby waived pending completion of these rulemakings. In terms of the Financial Earnings Report at Docket No. M-00041857, the filing date of March 31, 2005 continues to be waived as prescribed in the Commission's March 11, 2005 Secretarial Letter.
3. To the extent the Interest on Deposits report at Docket No. P-00981357, the Collocation Report at Docket No. R-00994697, and a streamlined Financial Earnings Report are required by Commission orders, the Commission hereby rescinds those orders since no comments to the contrary were filed at this docket.
4. In accordance with Act 183, the following reports, filings and obligations shall remain in place:
* Network Modernization Implementation Plan pursuant to § 3015(e)(1) and § 3014(f)
* Annual Financial Report pursuant to § 3015(e)(2) as subject to the August 9, 2005 stipulation and Appendix A filed at this docket
* Annual Tracking Report of Telecommunications Relay Service Surcharges as required by 52 Pa. Code § 69.513(a) and pursuant to § 3015(e)(3)
* Residential Account Information as required by 52 Pa. Code § 64.201 and pursuant to § 3015(e)(4) on an annual basis
* Universal Service Fund Contributions as required by 52 Pa. Code § 63.165; and Universal Service Monthly Remittance Worksheet as required by 52 Pa. Code § 63.169 and pursuant to § 3015(e)(5)
* Annual Access Line Report as required by 52 Pa. Code § 69.513(b) and pursuant to § 3015(e)(6)
* Assessment Report, Annual Assessment Bill and Supplemental Assessment Bill as required by 66 Pa.C.S. § 510(b) and pursuant to § 3015(e)(7)
* STAS Report as required by 52 Pa. Code § 69.52--56 and pursuant to § 3015(e)(8)
* Physical Cyber Security Planning Self Certification pursuant to Revised Final Rulemaking Order Re: Public Utility Security Planning and Readiness, Docket No. L-00040166 as published in the Pennsylvania Bulletin on June 11, 2005
* Chapter 30 Annual Price Stability Mechanism Report required by Docket No. M-00041786 and pursuant to §§ 3014 and 3015
* Affiliated Interest Agreements as required by 66 Pa.C.S. §§ 2101, 2012 and pursuant to 3019(b)(1) only for notice and not approval purposes.
5. In accordance with Act 183, the Lifeline Tracking Report as required by Docket No. P-00991648, the Accident Reports, per occurrence, as required by 52 Pa. Code § 63.11 and 66 Pa.C.S. § 1508, and the Service Outage Reports, per occurrence, as required by 52 Pa. Code § 67.1 shall remain in place subject to the outcome of the proceeding described in this order at Docket No. M-00051900.
6. The following reports, filings and obligations shall be waived:
* Traffic Usage Studies as required by 52 Pa. Code § 63.72 pending the Commission's rulemaking at Docket No. M-00031703
* State Certification of USF Support of Eligible Telecommunications Carriers per 47 C.F.R. § 54.314 suspended pursuant to 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).
7. In accordance with Act 183, following reports, filings and obligations shall remain in place subject to the outcome of the proceedings described in this order:
* Annual Report of Certified Interexchange Transporter as required by 52 Pa. Code § 63.107 and as addressed in Proposed Rulemaking for Revision of Chapter 63 of Title 52 of the Pennsylvania Code Pertaining to Regulation of Interexchange Telecommunications Carrier and Service, Docket No. L-00050170 (Order entered March 29, 2005)
* Standard Service Surveillance Level Report, per occurrence, as required by 52 Pa. Code § 63.53 and as addressed in Petition of the Consumer Advocate for Rulemaking to amend 52 Pa. Code Chapter 63 pending at Docket No. P-00021985
* Service Records, per occurrence, as required by 52 Pa. Code § 63.22(c) and as addressed in Petition for Appeal from Action of Staff filed by the Pennsylvania Telephone Association pending at Docket No. M-00031772.
8. In accordance with 66 Pa.C.S. § 3014(f) (1), LECs shall continue to file biennial NMP update reports in the form and detail required by the Commission as of July 1, 2004.
9. A copy of this final implementation order be served on all incumbent and competitive local exchange telecommunications carriers, the Office of Consumer Advocate, the Office of Small Business Advocate, and the Pennsylvania Telephone Association. Notice of this order shall be published in the Pennsylvania Bulletin.
10. All waivers of the Commission's regulations as granted in this final implementation order shall be effective upon the entry date of this order and will remain in effect until further action by the Commission.
JAMES J. MCNULTY,
Secretary
Statement of Commissioner Bill Shane
Public Meeting September 9, 2005; SEPT-2005-L-0078*
Final Implementation Order Regarding PUC Filing and Reporting Requirements on Local Exchange Carriers; M-00041857 By our action today, we are eliminating, modifying and/or waiving certain reporting requirements in accordance with Act 183 and, thereby, relieving local exchange companies of, in some cases, a great burden. I commend the parties and the staff for their diligence in this effort but I would be remiss if I did not, at the same time, call to task the Pennsylvania Telephone Association for its assertion that accident reports and service outage reports are no longer required to be filed with this Commission. In this day of competition and deregulation, there is nothing more important than the Commission insuring that the service offered by all utilities is both safe and reliable. Accident and service outage reporting is critical to the Commission's ability to meet this mandate. The comments by the PTA that we may not require these reports and that they must be discontinued is quite disconcerting and, while I might be understanding of a utility's desire to control costs, I am not willing to compromise on safety and reliability and neither should any utility.
Statement of Commissioner Terrance J. Fitzpatrick
Public Meeting September 9, 2005; SEPT-2005-L-0078*
Final Implementation Order Regarding PUC Filing and Reporting Requirements on Local Exchange Carriers; M-00041857 This matter involves the Final Implementation Order arising from the Commission's review of its filing requirements for local exchange carriers following the passage of Act 183 of 2004 (Act), 66 Pa.C.S. § 3011 et seq. In the Act, the Legislature limited the reporting that the Commission may require from local exchange carriers (LECs or carriers) to a list of nine specific reports. 66 Pa.C.S. § 3015(e). The purpose of this proceeding is to determine how the Commission's current reporting requirements must be changed in light of the new legislation, and to initiate changes to the Commission's regulations where appropriate.
The Law Bureau recommends that the Commission adopt an Order that concludes that the Commission may continue to require, among others, the following current reports: the lifeline tracking report, the quarterly local slamming report (but now on an annual basis as part of the ''annual service report''), accident reports, and outage reports. However, the Commission today is adopting the Motion of Commissioner Pizzingrilli, which 1) concludes that the quarterly local slamming report shall no longer be required because it is not listed in Section 3015(e), and 2) tentatively concludes that the lifeline tracking report, accident report, and outage report should continue to be required under Section 3015(f), described below. With regard to the continuation of the latter three reports, the Motion calls for issuance of a tentative order that would allow the parties to file comments on whether these reports may be continued under Section 3015(f). For reasons set forth below, I will vote in support of the Motion.
First, for reasons set forth in this Statement, I agree that none of the four reports in question may be required under Section 3015(e). Second, with regard to the conclusion that three of the reports may be required under Section 3015(f), I will support this aspect of the Motion because it is not final and allows the parties to file further comments. I have my doubts about whether these reports may be required under Section 3015(f)--specifically, whether the reports are related to determining that the rates of the LEC comply with applicable law. However, while some of the parties addressed subsection (f) in passing, we have not received detailed legal arguments on the proper interpretation of that language.231 Accordingly, I will reserve final judgment until after reviewing the additional comments.
The remainder of this Statement explains my reasons for concluding that the four reports may not be required under Section 3015(e).
The Commission's task in this proceeding is to interpret the new law. The first principle of statutory interpretation is that the goal must be to ''ascertain and effectuate the intention of the General Assembly.'' Section 3 of the Statutory Construction Act, 1 Pa.C.S. § 1921(a). The Statutory Construction Act further provides that ''[w]hen the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.'' 1 Pa.C.S. § 1921(b). However, if the words of a statute are ambiguous, the intention of the General Assembly may be ascertained by considering, among other things:
(1) The occasion and necessity for the statute.
(2) The circumstances under which it was enacted.
(3) The mischief to be remedied.
(4) The object to be attained.
* * *
(6) The consequences of a particular interpretation.
1 Pa.C.S. § 1921(c).
Prior to discussing the individual reports, a general discussion of the historical background and purpose of Section 3015(e) is necessary. This section provides that the Commission filing requirements for LECs ''shall be limited'' to the nine specific reports that are listed. It is obvious that the overall legislative intent behind Section 3015(e) was to restrict the reports that the Commission could require of LECs. Using the language of the Statutory Construction Act, over-regulation--in the form of requiring too many reports--was the ''mischief to be remedied'' here. 1 Pa.C.S. § 1921(c)(3). Stated differently, the ''object to be attained'' was to restrict the discretion of the Commission to require reports to move toward the goal of easing regulation of LECs. 1 Pa.C.S. § 1921(c)(4).
In addition, the language of Section 3015(e) must be considered in light of its historical context. Prior to the passage of the Act, there was a public debate over the Commission's reporting requirements for LECs. The carriers argued, via the Pennsylvania Telephone Association (PTA), that they had not received the regulatory relief to which they were entitled under the former Chapter 30 law. To evaluate this claim, the House of Representatives adopted House Resolution No. 786 in 2004. This Resolution required the Legislative Budget and Finance Committee (LBFC) to review the Commission's reporting requirements to determine whether all of the reports being required by the Commission were needed. The LBFC issued its report in November 2004.232 The LBFC report listed and discussed each of the reports individually and summarized the positions of the Commission and the PTA on each one. The LBFC report contained five general recommendations, but did not take a position on the need for individual reports (pp. S-3, S-4).
Lifeline Tracking Report
Staff recommends that the Commission continue to require LECs to file lifeline tracking reports. First, the draft order states that the reports are needed so that the Commission can monitor compliance with the lifeline provisions of the new law. See, 66 Pa.C.S. § 3019. Second, the draft order finds that lifeline tracking reports are a form of ''universal service reports'' that the Commission is authorized to require under Section 3015(e)(5). Neither argument is persuasive.
As to the need for the report, this Commission's perception of need cannot be elevated above that of the General Assembly. Western Pa. Water Co. v. Pa. Public Utility Commission, 10 Pa. Commw. 533, 311 A.2d 370 (Pa. Commw. 1973) (The Commission is a creature of the legislative process, and it has only those powers, duties, responsibilities and jurisdiction given to it by the Legislature). The lifeline tracking report was recognized as a separate report prior to passage of Act 183--for example, it was listed and discussed separately in the LBFC report (p. 17).233 Since the General Assembly declined to list the lifeline tracking report as one of the reports that may be continued, it must be assumed that the General Assembly was not convinced that the report was needed.
Third, the term ''universal service reports'' cannot be interpreted to include the lifeline tracking report. While I disagree with the PTA argument that the term ''universal service reports'' is clear on its face,234 the canons of statutory construction preclude interpreting the term to include the lifeline tracking report. Again, the overall thrust of Section 3015(e) was to restrict the reports the Commission may require from LECs. The General Assembly declined to list the lifeline tracking report as a report that could be continued. Given the ''mischief to be remedied'' by Section 3015(e), as well as ''the object to be attained,'' and ''the circumstances under which it was enacted,'' this omission can only be interpreted as reflecting a legislative intent to discontinue the report. See, 1 Pa.C.S. § 1921(c).
The argument that the lifeline tracking report may be continued as one of the ''universal service reports'' permitted in the Act is tantamount to slipping the report in through the back door (via ''interpretation''), even though the General Assembly barred it from coming in through the front door (by leaving it off the list of permissible reports). This broad interpretation of the term ''universal service reports'' flies in the face of the legislative intent underlying Section 3015(e)--to restrict the discretion of the Commission to require reports.
Slamming Reports
Staff recommends that the Commission require local slamming reports, on an annual rather than quarterly basis, as part of the ''annual service report'' that the Commission may require under Section 3015(e)(4). I disagree.
The analysis of this issue is similar to that described above in the discussion of the lifeline tracking report. The General Assembly declined to include the quarterly slamming report in the list of reports that may be continued even though it was recognized as one of the Commission's existing reporting requirements prior to the passage of Act 183. (LBFC report, p. 25) Under the circumstances, this can only be interpreted as reflecting a legislative intent to discontinue the report.
In addition, staff concludes that the ''annual service report'' under Section 3015(e)(4) logically represents residential account information collected per 52 Pa. Code § 64.201 ''Annual LEC Reporting Requirements.'' The § 64.201 report compiles information, for example, on average bills for basic and toll service, service suspensions, service terminations, and uncollectibles. Incorporating a slamming report into the ''annual service report'' frustrates the legislative intent to restrict reporting requirements.
Accident Reports and Service Outage Reports
Staff concludes that the Commission may continue to require accident reports and service outage reports, despite the fact that these reports are not included in the list of permissible reports contained in Section 3015(e). The rationale for this conclusion is, first, that subsections 3019(b)(2) and (3) retain the Commission's authority to regulate service quality and consumer protection. Second, the draft order states that Section 3015(e) relates only to ''general filing requirements,'' which the order interprets as applying solely to annual and quarterly reports. Since accident and outage reports are only filed on a per incident basis, they allegedly do not fall under ''general filing requirements.''
This conclusion is inconsistent with both the letter and spirit of Act 183. With regard to the Commission's authority under Section 3019, that section provides specifically that the Commission's authority to regulate service quality is ''subject to the provisions of Section 3015(e).'' 66 Pa.C.S. § 3019(b)(3). Since accident and outage reports are not contained in the list of permissible reports under Section 3015(e), it is clear that Section 3019 does not provide a basis for requiring the reports.
Moreover, the fact that the Commission retains general authority to regulate service quality is not a sufficient basis to require these reports. Presumably, any report the Commission has ever required is related in some way to the Commission's regulatory authority. Accordingly, accepting this argument would negate the legislative restrictions in Section 3015(e) on the Commission's authority to require reports.
Finally, the argument that accident and outage reports may be required because they do not constitute ''general filing requirements'' under Section 3015(e) is unpersuasive. The contention that ''general filing requirements'' applies only to annual and quarterly reports does not have any basis in the Act. These reporting requirements are ''general'' in the ordinary sense of the word since all LECs have been required to file them when accidents or outages occur that fall within the scope of the regulations. The fact that such events, and therefore the reports, are intermittent does not mean that the reports do not fall under ''general filing requirements.''
This interpretation is supported by the LBFC report, which separated the reporting requirements of LECs into ''Annual reports'' and ''Other required reports.'' (LBFC report, pp. i-ii). The LBFC report did not suggest that only annual reports fall under ''general filing requirements.'' Moreover, the fact that the LBFC report discussed both annual and other reports demonstrates that the scope of the controversy included both types of reports.
Conclusion
For the reasons set forth above, I conclude that the four reports at issue may not be required under Section 3015(e). As to whether three of the reports may be required under Section 3015(f), while I have my doubts, I will withhold final judgment pending review of additional comments.
[Pa.B. Doc. No. 05-1962. Filed for public inspection October 21, 2005, 9:00 a.m.] _______
223 Act 183 at §§ 3014(f)(1) and (2).
224 Sunset of Chapter 30, Title 66 of the Public Utility Code, Docket No. M-00041786 (Order adopted January 16, 2004).
225 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).
226 LB & FC Report at 37.
227 Id.
228 66 Pa.C.S. §§ 3014(f)(1) and (2).
229 Secretarial Letter to All Incumbent Local Exchange Carriers and All Competitive Local Exchange Carriers, dated February 14, 2005 at Docket Nos. R-00994697 and R-00994697C0001.
230 Bell-Atlantic Supplement to Pa. P.U.C. No. 216 and Pa. P.U.C. 218 to become effective July 27, 1999, Regarding the FCC's New Requirements on Incumbent Local Exchange Carriers for the Provision of Colocation Service Used for Exchange Access and Mandated Compliance via State Tariffs, SGATS and/or Individual Interconnection Agreements, Docket No. R-00994697 (Order entered September 4, 2001).
231 For example, must the Commission find that both (i) and (ii) of Section 3015(f) are satisfied?
232 PUC Filing and Reporting Requirements on Local Exchange Carriers, House Legislative Budget & Finance Committee, November 2004 (LBFC report).
233 Prior to the LBFC report, PTA had taken the position that the lifeline tracking report could be continued. This is reflected in the discussion in the LBFC report. However, this is a moot point since Act 183 has now resolved the dispute over what reports may be required.
234 Of the reports described is Section 3015(e)(1)--(9), all but two appear to refer to specific reports currently required by the Commission. However, it appears that ''annual service report'' (no. 5) and ''universal service reports'' (no. 4) are generic descriptions of reports rather than references to particular reports that are currently required.
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