20030221Letter from Excel.pdf

02/21/2003 10:09 2144241518 VARTEC TELECOM,INC.PAGE 82
''ELafTeeTa.swornFebruary21,2003
VIA FACSIMILE [phone]
AND ELECTRONIC MAIL
Ms.Birdelle Brown
Idaho Public Utilities Commission
472 w.Washington
Boise,Idaho 83702-5983
Re:Case No.EXC-T-02-1
Application of Excel Telecommunications,Inc.For a Certificate of Public Convenience and
Necessity to Provide Local Exchange Telecommunications Services
Dear Ms.Brown:
Excel Telecommunications,Inc.("Excel")submits this letter in response to our conversation onFebruary20,2003 relatingto the pending application in the aforementioned matter.It is Excel's intentthatthiscorrespondencewilladequatelyaddressanyconcernsthatCommissionstaffmayhavewiththeCompany's ability to provide quality telecommunications services in Idaho.
During our conversation yesterday,you indicated that Excel has experienced an increase in thenumberofinformalcomplaintsfiledwiththeIdahoPublicUtilitiesCommission("Commission"),receivingfour or five additionalinformal complaints in the past fivemonths.Specifically,you referencedfour"slamming"complaints,two of which were sent to Excel for investigation,and two of which were
not substantiated by Commission staff and therefore not forwarded to the Company.Commission staff
has also recently referenced Exce!'s previous application for a Certificate of Public Convenience andNecessityfiledin1997(EXC-T-97-1)which staff opposed based on the number of complaints theComrnissionreceivedfromExcel's customers.'Die purpose of this letter is to explain,in general,theCompany's efforts to prevent "slamming"complaints,as well as to specifically address the twocomplaintswhichwereforwardedtotheCompanyforinvestigation.
Since the Company's previous application in 1997,Excel has taken steps to address Staffsconcerns,correct them,and enhance its processes.For the past three years,Excel has been utilizing anationwidethirdpartyverification(TPV)system to confirm residential primary interexchange carrierchanges.Excel has developed processes and procedures for both its interexchangeoperations and its localexchangeserviceoperationstoensurethatallcarnerchangesareproperlyverifiedinaccordancewith
state and federal regulations.First andforemost,Excel promptly terminates independent representativeswhoarefoundtohaveengagedinimproperorillegalconduct.Excel maintains a zero tolerance policvwithregardtosuchconduct.In addition,Excel created the "Service Not RequestedGroup,"a specialized
Excel Tiecommunicodens,Inc.
1600 Vicerov Drive
Dalla,Tern 7523)
82/21/2003 10:09 2144241510 VARTEC TELECOM,INC.PAGE 03
group within the customer service department,to ensure that allegations of slamming are handledexpeditiouslyandthatappropriatecredits/refunds are issued where warranted by the circumstances.
While Excel is concerned with every complaint that it receives,the Company does not believe thatthelownumberofslammingallegationsreceivedinIdahorecentlywarrantsanyheightenedconcernsfromtheCommission.As in any business,customer complaints of various types arise in the normalcourseofoperations.These complaints vary in scope and many times,are not justified.In fact,half oftheallegedslammingcomplaintsthatyoureferencedyesterdaywerenotevenforwardedtotheCompanyforinvestigationduetoalackofevidenceofanyviolation.Excel does not believe that theseunsubstantiatedclaimsshouldhaveanyeffectontheCompany's pending application.
Since August 2002,the Commission has forwarded two alleged slamming complaints to Excel forinvestigation.Commission staff closed one of these complaints on December 31,2002 as a resolvedcomplaint,noting that the Company submitted a "timely response"and evidence of the third partyauthorization.In this instance,Excel had obtained a third party verification as evidence of theauthorizationtochangetheconsumer's interLATA long distance service provider.However,uponfurtherinvestigationofthismatter,Excel determined that another consumer,who presentedherself as theauthorizeddecisionmakerforthetelephonenumberinquestion,authorized the change.In an effort toresolvethismatter,Excel absolved the complainant of all chargesincurred,including the switching feesbilledbythecomplainant's local service provider.
The second slamming complaint that was forwarded to Excel for investigation was closed byCommissionstaffonJanuary2,2003 as a valid slamming complaint due to the Company's failure torespondtothismatter.Excel sincerely apologizes for this oversight and ensures the Commission that itfindsthisbehaviorunacceptable.As we discussed yesterday,the analyst who was assigned to this casewasrecentlyterminatedforfailingtorespondtosimilarcomplaintsforotherjurisdictions.In additiontotakingthisimmediateactionwiththisindividualemployee,the Company has also taken proactive steps toensurethatfutureincidentsofthisnaturedonotoccur.Excel is implementing a more streamlinedmonitoringandtrackingsystemforcommissioncomplaintswhereinonepersonwillbeassignedtomonitorincomingcomplaintsaswellastheirtimelycompletion.This plan is expected to be implementedwithin30daysorassoonastheproperstaffingcanbesecured,In addition,the Company is attaching aresponsetothiscomplainttoverifythatthecomplainanthasbeenabsolvedofallchargesinaccordancewiththeCommission's rules.
With all of the above-noted efforts combined,it is clear that Excel has the utmost commitment toensuringthatthepotentialforslamsisavoided.¯nie Company regularly looks for new ways to addprotectionstoitsprocessestoprotectconsumersfromallserviceissues,including slamming,crammingandbillingrelatedissues.The Company believes that it has proven itself as a quality provider ofinterexchangetelecommunicationsservicesandiseagertoexpanditsserviceofferingsintothecompetitiveresidentiallocaltelephonemarket.
The Company appreciates the opportunity to respond to this matter and provide additionalinfornationinsupportofitsapplication.Should you have any questions.or require additionalinformation,please feel free to contact me directly at [phone].Thank you for your time andconsiderationregardingthismatter.
Respectfully submitted,
Kevin Allen
Manager,Regulatory Affairscc:Becky Gipson
Director,RegulatoryAffairs
02/21/2003 18:09 2144241510 VARTEC TELECOM,INC.PAGE 04
E¾EL
February 21,2003
VIA FACSIMILE AT [phone] andVIAFIRSTCLASSU.S.MAIL
Mr.Daniel Klein,Utilities Compliance InvestigatorIdaboPublicUtilitiesCommission
P.O.Box 83720
Boise,Idaho 83720-0074
Re:Complamants Terryand Vivian Knudsen
Telephone Number [phone]
Dear Mr.Klein:
Excel Telecommunications,Inc.("Excel")has examined the issues raised by the above-notedcomplainantsregardingthechangeintheprimarylongdistanceserviceproviderfortelephonenumber(208)667-0837.It is the Company's intent that the information provided herein willadequatelyrespondtoMr.and Ms.Knudsen's concerns as they relate to Excel.
In accordance with state and federal regulations,telecommunications service providers mustverifyordersfromcustomerswhenchangingtheprimaryserviceproviderforlocaland/or longdistanceservices.The Company currentlyutilizes a third party verificationprocess to verify ordersforExcel's services to comply with these regulations.Excel contracts with a professionalthird partyverificationcompanythathasnumerousyearsofexperienceinthetelecommunicationsindustry.The Company's verificationprocess is recorded to ensure that the telemarketing representative hasobtainedthecustomer's verbal authorization to submit the service change orderwhich confirms andincludestheverificationinformation(e.g.,customer's date of birth).
The complainants indicated in their communication with the Idaho Public UtilitiesCommissionthatthelongdistanceserviceproviderfortelephonenumber(208)667-0837 waschangedtoExcelwithoutproperauthorization.Internalrecords indicate that Debbie Knudsen,thecomplainants'daughter,contacted the Company's Customer Care Center on February 25,2002 todiscussExcePsservices.On this date,Debbie Knudsen presented herselfas an authorizeddecisionmakerfortelephonenumber(208)667-0837and verballyconfirmed her request for Excel to be theprimarylongdistanceproviderfortheabove-noted telephone number by responding to the thirdpartyverificationprocess.Debbie Knudsen gave her birth date as confinnation that she hadauthorizedthechangeinthelongdistanceserviceproviderfortelephonenumber(208)667-0837.
Excel Telecomrnunications,Inc.
1600 Viceroy Drive
Dalla.Tem 75235
02/21/2003 10:09 2144241510 VARTEC TELECOM,INC.PAGE 05
Due to the aforementioned facts,the Company maintains that proper authorization for thechangeinthelongdistanceserviceproviderfortheaforementionedtelephonenumberwasobtained.However,in an effort to resolve this matter and as a one-time goodwill gesture,Excel is issuing anadjustmentintheamountof$121.81 to fully credit all long distance charges billed to the account fortelephonenumber(208)667-0837.As such,Mr.and Ms.Knudsen's account will reflect a zerobalanceandtheCompanynowconsidersthismatterresolved.
Excel apologizes for any inconveniencethis matter may have caused Mr.and Ms.KnudsenandappreciatestheopportunitytoaddresstheirconcemsastheyrelatetotheCompany.Pleasecontacttheundersigneddirectlyat(214)424-6609 with any questions regardingthis correspondence,
espectfully submitted,
Amy M.pbell
Regulatory Analyst
cc:Terryand Vivian Knudsen
5103 Pinegrove Drive
Coeur D'Alene,Idaho 83814
Nicole Mizell
Regulatory Analyst
02/21/2003 10:09 2144241510 VARTEC TELECOM,INC.PAGE 01
facsimileTRANSM I TT A L
To:Birdelle Brown
Phone:[phone]
Fax:[phone]
Pages:5,includingthis cover sheet.
Date:February 21,2003
Comments:
From the desk of,..Kevin C.AIIen
Excel Telecommunications.Inc.
1600 Viceroy Drive
Dallas,Texas 75235
[phone]Facsimile(214)424-1510