20080813final_order_no_30621.pdf

Office of the Secretary
Service Date
August 13, 2008
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE PETITION OF
CITIZENS TELECOMMUNICATIONS OF
IDAHO FOR EXEMPTION FROM RULE
201.02, IDAP A 31.41.01.201.02.
ORDER NO. 30621
CASE NO. CTC- T -08-
On June 24, 2008 Citizens Telecommunications of Idaho dba Frontier
Communications of Idaho filed a Petition with the Commission seeking a permanent exemption
from a provision of the Commission s Telephone Customer Relations Rule (TCRR) 201 , IDAPA
31.41.01.201. Specifically, the Company seeks an exemption from Rule 201.02 that requires
itemization of long-distance telephone bills to itemize the date, time, duration, called number and
charge for each call. On July 9 2008 , the Commission issued a Notice of Petition and Notice of
Modified Procedure requesting comments no later than July 30, 2008. Commission Staff was the
only party to file comments. Based on our review of the Petition and Staff comments, we grant
the exemption as conditioned below.
THE PETITION
Citizens maintains that it offers long-distance (or toll) calling plans that include
unlimited long-distance calls at a flat rate. The Company requests discontinuance of itemized
billing for its flat rate long-distance customers only. Customers who do not subscribe to a flat
rate toll plan and pay for toll services based on time and distance of individual calls, would
continue to receive itemized billing in accordance with Rule 201.02, IDAP A 31.41.01.201.02.
The Petition also states that customers who wish to receive call detail for the
unlimited plans may do so by contacting the Company s customer service center. The Company
proposes to make no less than 12 months of detailed billing statements available to its customers
at no charge.
The Company asserts that providing the details of each call adds significant printing
and postage charges, makes the bills more cumbersome, and provides information that most
unlimited calling customers do not need or want. Citizens contends that denying its Petition
would result in hardship to the Company which is attempting to improve customer service by
ORDER NO. 30621
reducing costs and simplifying billing. Finally, the Company observed that TCRR 9 allows the
Commission to grant a permanent exemption to any rule. IDAP A 31.41.01.009.
ST AFF COMMENTS
Staff supports the Company s request for permanent exemption from Rule 201.02
IDAP A 31.41.01.201.02. The Company s Petition indicates that it will make detailed billing
statements available to its customers for no less than 12 consecutive months at no charge. Staff
believes that this condition provides a reasonable period of time within which customers could
access detailed billing information.
Although Citizens is presently requesting authority to eliminate itemized billing for
its flat rate long-distance customers, Staff notes that the Company already implemented these
changes sometime prior to January 2008. As a result, the Company requests that the effective
date for its rule exemption be made retroactive to January 1 2008. Staff recommended that the
Commission remind the Company of its continuing obligation to comply with all Commission
rules.
COMMISSION FINDINGS AND CONCLUSIONS
After examining the Petition and comments of Staff, the Commission finds, pursuant
to TCRR 9, that Citizens' Petition for a permanent exemption from Rule 201.02 shall be granted
and made retroactively effective as of January 1 , 2008, as conditioned below.
The Commission conditions Citizens' exemption from Rule 201.02 on the Company
making available, without charge, the detailed itemization required by Rule 201.02 for a
minimum of 12 consecutive months upon the request of a flat rate unlimited calling customer. In
addition, despite the Company s election to be regulated under the terms of Idaho Code ~~ 62-
601 et seq.the Commission maintains authority over non-economic regulatory requirements
including, but not limited to, such matters as service quality standards, provision of access to
carriers providing (long-distance) service, filing of price lists, customer notice and customer
relation rules, and billing practices and procedures.Idaho Code ~ 62-605(5)(b). Consequently,
the Commission expects that Citizens shall comply with all applicable rules until such time as
the Commission grants relief.
ORDER
IT IS HEREBY ORDERED that the Petition filed by Citizens Telecommunications
of Idaho dba Frontier Communications of Idaho for permanent exemption from Rule 201.
ORDER NO. 30621
IDAPA31.41.01.201.02, be granted as conditioned and modified in the body of this Order. The
exemption shall be retroactive and effective as of January 1 2008.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ ~ 61-626 and 62-619.
DONE by Order ofthe Idaho Public Utilities Commission at Boise, Idaho this j.JiA
day of August 2008.
MARSHA H. SMITH, COMMISSIONER
ii?/ . KEMPT MMISSIONER
ATTEST:
~n (ff~Je D. Jewell
Commission Secretary
O:CTC-08-02 ks2
ORDER NO. 30621