NOTICES
PENNSYLVANIA PUBLIC UTILITY COMMISSION
Implementation of 811 Abbreviated Dialing Access to the One-Call Notification System; Doc. No. M-00051921
[37 Pa.B. 378]
[Saturday, January 20, 2007]Public Meeting held
December 7, 2006Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Kim Pizzingrilli; Terrance J. Fitzpatrick
Implementation Order By the Commission
Before the Commission for consideration are the comments to our October 27, 2005 Interim Implementation Order concerning the implementation of 811 abbreviated dialing access to the One-Call underground utility facilities notification system in Pennsylvania. The Interim Implementation Order requested comments for deploying abbreviated dialing access to the Pennsylvania One-Call notification system (PA One-Call or One-Call) and established a 30-day comment period and a 10-day reply comment period.
In 1974, the Pennsylvania General Assembly established the One-Call system as a way to provide for public safety by helping to prevent damage to buried utilities. One-Call provides a single telephone number for contractors, developers or any other person covered by the enabling legislation to call to notify owners of underground utility lines and pipes of the caller's intent to use powered equipment for excavating, tunneling, demolition or similar work. Underground Utility Line Protection Act, Act 287 of 1974, as amended by Act 199 of 2004, 73 P. S. §§ 176, et seq.
The United States Department of Transportation (DOT), pursuant to the Transportation Equity Act for the 21st Century, Transportation Equity Act for the 21st Century, Pub. L. No. 105-178, § 6105, 112 Stat. 107 (1998)1 (Pipeline Safety Improvement Act of 2002), established a national One-Call notification program. On December 17, 2002, President Bush signed the Pipeline Safety Improvement Act of 2002 into law. The Pipeline Safety Improvement Act of 2002, inter alia, is designed to strengthen the federal government's support for the One-Call programs and requires the DOT, in consultation with the Federal Communications Commission (FCC), to ''provide for the establishment of a 3-digit nationwide toll-free telephone number system to be used by state One-Call notification system.''2
On August 28, 2003, DOT filed a petition for rulemaking at the FCC, requesting the assignment of a 3-digit toll-free telephone number to access One-Call centers throughout the country. On May 14, 2004, the FCC released a Notice of Proposed Rulemaking (NOPR) seeking comment on various abbreviated dialing arrangements, including those considered and recommended by the North American Numbering Council (NANC), that could be used by state One-Call notification systems in compliance with the Pipeline Safety Act.
On March 14, 2005, the FCC issued In the Matter of the Use of N11 Codes and Other Abbreviated Dialing Arrangements Sixth Report and Order, FCC 05-59, CC.
Docket No. 92-105 (Sixth Report and Order) that, inter alia, designated 811 as the national abbreviated dialing code to be used by state One-Call notification systems for providing advanced notice of excavation activities to underground facility operators in compliance with the federal Pipeline Safety Improvement Act of 2002.
On October 27, 2005, we issued our Interim Implementation Order requesting comments for developing an implementation plan for 811 abbreviated dialing access to the Pennsylvania One-Call notification system. Specifically, the Commission requested comments on the following issues in addition to any others commenters might consider pertinent: (1) guidelines for processes required to implement 811; (2) attributive methods for cost recovery, if necessary; (3) best method(s) of notification of the abbreviated dialing code to applicable businesses, industry and utilities (e.g., trade/industry publications in the utility and construction sectors) and for development of a public/consumer notification program (press releases, directory changes, bill inserts, etc.); (4) requirements regarding input to the local exchange routing guide (LERG); (5) the need for system testing and/or a trial period; and (6) protocols for addressing misdials.
The Commission received comments from Verizon Pennsylvania Inc. and Verizon North Inc. (filed jointly, hereinafter Verizon), the Pennsylvania Telephone Association (PTA), and Sprint Nextel Corporation (Sprint Nextel). After reviewing the comments, we made additional data requests and conducted follow-ups. Subsequently, on August 2, 2006, the Commission staff held a workshop with interested commenters and William Kiger, Executive Director of PA One-Call, for further dialogue on this matter.
Addressing separately the comments to each of the specific areas of Commission inquiry, we will resolve the specific issues within the context of each area of discussion.
1. Guidelines for Processes to Implement 811
In its comments, Sprint Nextel strongly recommended that the Commission select a single entity to serve as the One-Call Center for the entire state and establish one 800 point-to/translation number for the entire state to which carriers should direct 811 calls. Furthermore, Sprint Nextel suggested that to the extent the One-Call Center finds any geographic distinctions for its service are necessary, the One-Call Center should establish an interactive voice recording (IVR) unit to direct the calls. In addition, Sprint Nextel noted that the implementation could be managed similarly to other N11 services. Sprint Nextel proposed that each local exchange carrier would tariff an 811 service offering that lists the cost of establishing the service for each central office, and that the One-Call Center(s) would agree to order the 800 number and share the administration of the service, including the ordering of the 811 service and associated costs.
Verizon suggested that the Commission consider general guidelines and responsibility assignments associated with the 811 implementation order. First, that the PA One-Call Center would have to provide service providers with its 8YY toll-free number and purchase 811 service from every wireless and wireline service provider including incumbent local exchange carriers (ILECs), competitive local exchange carriers (CLECs), and public and private payphone providers. In addition, the PA One-Call Center would invite all service providers to participate in an 811 service planning conference call or meeting to exchange pertinent general information. After the exchange, the service providers and PA One-Call each would assume respective responsibilities. Service provider responsibilities would include preparing or purchasing any switch software necessary to offer 811 service, developing and/or applying the contracts or tariffs needed to compensate for providing the service, participating in the PA One-Call Center implementation planning meeting or call, providing the One-Call Center with appropriate documents and other information for planning and ordering the 811 service, providing network test-ready and in-service ready dates to the One-Call Center to do testing, and completing all required service provisioning steps.
In addition, Verizon stated that PA One-Call responsibilities would be to order 811 service from all relevant service providers in Pennsylvania, to organize an 811 service planning conference call or meeting with all these service providers, to provide the toll-free number for use when service providers route 811 calls to the One-Call Center, and to timely complete all service-provider-required service provisioning steps.
The PTA noted that the conversion from the existing 800 number to 811 dialing is straight forward. Other than the programming of each rate center or host to translate an end-user's 811 call directly to a single toll-free number, PTA was not aware of any other processes. Therefore, the PTA did not recommend that the Commission establish guidelines for processes to implement 811.
Pennsylvania has only one One-Call center for the entire Commonwealth. Based on the comments, responses to data requests, and input from participants at a workshop, the Commission notes that the translation process to implement 811 is straight forward in nature. Furthermore, several carriers already have implemented or are implementing 811. Thus, the Commission will not establish guidelines for processes to implement 811. In order to ensure that telecommunications carriers modify their equipment to route 811 dialed calls to the PA One Call Center, the carriers should be afforded until February 16, 2007 for equipment modifications and that the testing period continue until the cutover dates identified for April to meet the federal deadline. Therefore, the Commission will establish the following timeline for the implementation of 811:
* February 16--April 1, 2007--811 translation equipment modifications and 811 access testing period.
* April 1, 2007, but no later than April 13, 2007--811 public access cutover date.
* All communications carriers, except interexchange providers, as well as electric, gas, water, wastewater and pipeline utilities providing service in the Commonwealth, shall include a bill message in all customer bills during the month of April 2007.
If any telecommunications carrier is unable to meet this timeline, they are to advise the Commission, at this docket, as soon as possible so that 811 can continue to be implemented by April 13, 2007 as required by federal law.
Further, establishing a February implementation date should in no way compromise carriers' efforts to begin to take the necessary steps now to implement 811 as an abbreviated dialing code to reach PA One Call. In fact, the Commission encourages carriers from the entry date of this Order to begin the process of implementing 811 since several wireless and wireline carriers have already successfully completed the implementation process.
PA One-Call has reassured the Commission that the existing toll-free number will remain operative for a reasonable period of time after the 811 implementation. When PA One-Call decides to discontinue use of that number the Commission expects PA One-Call to activate a method of service that would include a referral message informing the caller to dial 811.
2. Attributive Methods for Cost Recovery
In its comments, Verizon noted that the service provider could recover the nonrecurring and recurring service provisioning costs from the One-Call Center at contract or tariff prices. Regarding the One-Call Center's recovery of its costs to obtain 811 service, the present arrangement would continue. That arrangement provides that the Commonwealth's underground utility providers fund all operating costs of the One-Call Center.
Sprint Nextel's comments noted that the costs associated with the 811 implementation should be passed to the state One-Call administrator, who in turn can pass the costs on to the companies funding the One-Call center. Sprint Nextel contended that this would allow for a fair distribution of the implementation costs and the telecommunications industry would pay an appropriate share of the costs to implement 811 service. In addition, Sprint Nextel noted that a single One-Call center for the entire state would be less costly to implement than multiple One-Call centers with multiple point-to/translation numbers.
PTA noted in its comments that the current 800 number service is paid by the One-Call system, which is in turn paid by all member utilities across Pennsylvania. PTA stated that continuing that process would permit the fair distribution of the costs to those entities that fund the One-Call Center without placing the total burden on the telecommunications industry. In addition, PTA noted that those companies that have a tariff in effect for N11 translations could simply amend their current tariff to include 811 and applicable charges, which for the most part, would be the implementation of a non-recurring fee for number translation. Companies that do not have tariff language for N11 services would have to make tariff filings on one day's notice to introduce language for all available N11 services, including 811 service, similar to those used by the currently tariffed companies.
The Commission will allow for cost recovery via individual contracts between the companies and PA One-Call that are negotiated on a case-by-case basis. This approach more appropriately allocates cost to the most direct beneficiaries of the underground utility location program. In compliance with the Public Utility Code, jurisdictional utilities that are charging or receiving compensation for any service shall submit a tariff filing indicating that this matter will be addressed via an individual contract basis. See, 66 Pa.C.S. §§ 102, 1301, and 1302.
3. Best Methods of Notification
Verizon's comments argued that the notification of 811 dialing availability is best left to PA One-Call, which already has well-established advertising, publicity and other distribution channels for getting out its message.
Sprint Nextel, in its comments, recommended that the Commission consider using the local service telephone directory as a method of notifying businesses, industry, utilities and the public.
PTA argued in its comments that the best method of notification would be to continue the current methods used by the One-Call system and that any additional decisions relative to notification should be made by the affected utilities. PTA suggested that the Commission might wish to expand the scope of this proceeding to include other utility industries and One-Call supporters.
The Commission finds that the notification of the public of the 811 abbreviated dialing code should be a joint effort among the Commission, affected utilities and PA One-Call. A joint effort would be the most efficient approach to educating the public and assures the broadest possible dissemination of information regarding this new N11 that is important to public safety. Therefore, all communication providers, except interexchange carriers, as well as all electric, gas, water, wastewater and pipeline utilities providing service in the Commonwealth shall include a one-time bill message during the month of April 2007 regarding 811 dialing. In addition, telecommunications carriers shall include information about 811 in their directories along with all the other N11 information.
In order to accomplish comprehensive education about 811, our Office of Communications will work closely with the PA One Call system and utilities to ensure that all Pennsylvanians are aware of how to reach the Commonwealth's One Call system. First, the Office of Communications is directed to prepare bill message language to provide guidance to all utilities so that its customers are aware that the One Call system can be reached by the abbreviated dialing code. Also, the Office of Communications is directed to provide the bill message to all affected utilities.
Second, the Office of Communications should assist in educating the public by coordinating with PA One Call, other Commission Bureaus, and the utility industry on facilitating and advising on matters related to 811 outreach. The Commission's Office of Communications has extensive public outreach and media outreach resources that we can harness for this effort.
Furthermore, the Bureau of Transportation & Safety and the Office of Communications are encouraged to use any unspent federal grant monies available to educate Pennsylvanians about the necessity to dial 811 before they dig. In addition, they should pursue future grant opportunities to continue consumer education on dialing 811 to reach the PA One Call system.
4. Requirements to the Local Exchange Routing Guide (LERG)
Verizon's comments noted that N11 codes are already in Telcordia's LERG, so no additional LERG inputting will be required for 811 implementation in Pennsylvania.
Sprint Nextel did not offer comments on this issue at this time but reserved the right to provide a response in any reply comments.
PTA's comments noted that it is not aware of any changes that are required in the LERG and made no recommendation regarding the LERG.
The Commission finds that no requirements regarding the LERG are required at this time.
5. Need for System Testing and/or Trial Period
Verizon proposed that service providers establish system testing based on dates agreed-upon by the service providers and the PA One-Call. Furthermore, Verizon averred that adequate testing prior to the in-service ready date obviates any need for a trial period.
Sprint Nextel's comments suggested that testing is an important step in the implementation process. In addition, some N11 assignees establish a 30 to 60-day trial period. The trial period allows the assignee the time to test its systems and ensure a positive customer experience.
PTA noted that the translations for N11s are fairly simple and the PTA companies do not anticipate the need for system testing and/or a trial period beyond those included in the companies' standard business practices.
As stated above, the Commission finds the carriers should be afforded until February 16, 2007 for equipment modifications and that the testing period continue until the cutover dates identified for April to meet the federal deadline. In fact, as stated previously, the Commission encourages carriers from the entry date of this Order to begin the process of implementing 811 since several wireless and wireline carriers have already successfully completed the implementation process.
6. Misdials
Verizon's comments proposed that a misdialed call should be routed to a vacant code announcement. In addition, if the end-user customer attempted to reach PA One-Call through a 10XXX3 access dialing code, the caller should be routed to a 10XXX Dialed in Error Announcement. If the customer misdials another N11, the customer generally recognizes the mistake, hangs up and redials.
Sprint Nextel, in its comments, suggested that the misdialed calls should be resolved by the PA One-Call. Sprint Nextel recommended that the PA One-Call implement a method to direct misdialed calls to their appropriate destination, such as an Interactive Voice Recording.
PTA's comments noted that when a customer misdials, the customer normally realizes the error and redials. In addition, PTA suggested that it is the customer's responsibility to correctly dial the required digits.
Based on the comments, the Commission will not mandate any particular action regarding misdials since a customer generally recognizes the mistake, hangs up and redials.
Accordingly, based on review of the comments and review of the submitted documents, the Commission directs, inter alia, that all local exchange and other telecommunications carriers with switching capability, including payphone providers, modify their equipment so as to allow abbreviated 811 dialing to PA One-Call in accordance with this Implementation Order; Therefore,
It Is Ordered:
1. That this Implementation Order be published in the Pennsylvania Bulletin.
2. That all local exchange carriers and other telecommunications carriers with switching capability, including payphone providers, modify their equipment to translate calls dialed as 811 to the assigned toll-free number in order to route 811 dialed calls to PA One-Call in accordance with the schedule in Ordering Paragraph No. 3, below.
3. That local exchange carriers and other telecommunications carriers with switching capability, including payphone providers, adhere to the following schedule for implementation of state-wide 811 dialing:
February 16--
April 1, 2007811 translation equipment modifications and 811 access testing period April 1, 2007, but no
later than April 13, 2007811 public access cutover date 3. That if any telecommunications carrier is unable to meet this timeline, they are to advise the Commission at this docket as soon as possible so that 811 can be implemented by April 13, 2007.
4. That the Office of Communications in collaboration with other Commission Bureaus and utilities prepare the appropriate bill message for use by all utilities so that customers are aware that PA's One Call system can be reached by the abbreviated dialing code 811.
5. That all communications providers, except inter- exchange providers, as well as electric, gas, water, wastewater and pipeline utilities, include a bill message in all customer bills during the month of April 2007.
6. That telecommunications carriers shall include information about 811 in their directories along with all the other N11 information.
7. That the Office of Communications works with PA One Call to facilitate the incorporation of messages related to 811 in other existing outreach initiatives.
8. That the Office of Communications and the Bureau of Transportation and Safety use available grant monies to educate Pennsylvanians about 811 and pursue future grant opportunities for this same purpose.
9. That a copy of this Implementation Order be served on all incumbent local exchange carriers and competitive local exchange carriers operating in the Commonwealth, the Pennsylvania Telephone Association, the Central Atlantic Payphone Association, the Association for Local Telecommunications Services, PA One-Call, the Cellular Telecommunications Industry Association, the Office of Consumer Advocate and the Office of Small Business Advocate.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 07-109. Filed for public inspection January 19, 2007, 9:00 a.m.] _______
1 Under this program, grants are made to states to establish or improve One-Call notifications systems. Pipeline Safety Improvement Act of 2002, Pub. L. No. 107-355, § 6105(c), 116 Stat. 2985, 3008 (2002).
2 Id., § 17.
3 10XXX is the original access code dialed in North America to reach a carrier that a caller does not have equal access to. On July 1, 1998, the 10XXX access code was changed to 101XXX. Using 101XXX allows the caller to dial a different long distance carrier than the one the caller subscribes to, either to save money or to use another carrier because the pre-selected carrier is having problems with its network. Newton's Telecom Dictionary, 20th Edition, Harry Newton, (2004).
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
