The URL can be used to link to this page

Home My WebLink About20120504Settlement Stipulation.pdfWELDON B. STUTZMAN DEPUTY ATTORNEY GENERAL IDAHO PUBLIC UTILITIES COMMISSION P0 BOX 83720 BOISE, IDAHO 83720-0074 TELEPHONE: 208-334-0318 E-MAIL: we1don.stutzman(puc.idaho.gov IDAHO STATE BAR NO. 3283 RECEIVED 2O12MM4 AM1I; 19 1DAHOPULIC JT1L10LH COMMISSION STREET MAILING ADDRESS: 472 WEST WASHINGTON STREET BOISE, IDAHO 83702-5983 Attorney for the Commission Staff BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE COMMISSION'S ) REVIEW OF TELEPHONE CUSTOMER ) CASE NO. GNR-T-12-03 RELATIONS RULE 502, IDAPA 31.41.01.502 ) ) SETTLEMENT STIPULATION 1.This Settlement Stipulation is entered into by and between Qwest Corporation dba CenturyLink QC, Centurylel of Idaho, Inc. dba CenturyLink, and CenturyTel of the Gem State, Inc. dba CenturyLink (the CenturyLink Companies or CenturyLink), Frontier Communications Northwest Inc. and Citizens Telecommunications Company of Idaho dba Frontier Communications of Idaho (Frontier), TDS Telecommunications Corp. (TDS), the Idaho Telecom Alliance (ITA), and Commission Staff. 2.On December 22, 2011, the CenturyLink Companies filed a Petition requesting an exemption from the Commission's Telephone Customer Relations Rule 502 (IDAPA 31.41.01.502). Rule 502 establishes standards for a telephone company to restore basic local service after an outage, and requires payment of customer credits when standards are not met. The rule was initially adopted in 1993, and CenturyLink asserted in its Petition that changes in the telecommunications industry since the rule was adopted make the rule obsolete, and that the rule now creates unusual and unreasonable hardships in a competitive marketplace that did not exist when the rule was adopted. SETTLEMENT STIPULATION 1 3.Rule 502, under most circumstances, requires a telephone company to restore local service within 24 hours after an outage is reported to the company. 1DAPA 31.01.41.502.01.b. If a telephone company does not restore service within the time required by the Rule, the company must credit the customer's account for an amount equal to the monthly rate for one month of local exchange service. Id. The rule requires telephone companies to keep monthly records of out-of-service reports and to notify the Commission if the company is not able to clear at least 90% of outages within the time required by the rule for a period of three consecutive months. IDAPA 31.01.41.502.03. 4.The Commission determined to initiate a review of Telephone Customer Relations Rule 502 and update the rule, if appropriate, to recognize the changes that have occurred in the telecommunications industry since 1993. The Commission Staff convened a public workshop on April 30, 2012, to discuss Rule 502, and obtain information and expertise from industry representatives to recommend possible changes to the rule. 5.The Commission served notice of the workshop on April 10, 2012, to all telecommunications providers with contact information on file with the Commission. Representatives from CenturyLink, Frontier, ITA, TDS, and Commission Staff attended the workshop. 6.The parties attending the workshop agreed to revisions to Rule 502, simplifying the rule and removing the reporting requirements and the credit to customers requirements. The rule as revised by agreement of the parties is the following: 502. REPAIR SERVICE STANDARDS (RULE 502). 1.Restoration of Service. When a telephone company providing local exchange service is informed by a customer of a service outage as described in Rule 500.02, the telephone company must restore service within forty-eight (48) hours after the report of the outage, except (a) for outages reported on Thursday, the company must restore service no later than the following Monday by 6:00 pm, and (b) for outages reported on Friday, Saturday or Sunday, the company must restore service no later than the following Tuesday by 6:00 pm. 2.Extenuating Circumstances. Following disruption of telephone service caused by natural disaster or other causes not within the telephone company's control and affecting large groups of customers, or in conditions where the personal safety of an employee would be jeopardized, the telephone SETTLEMENT STIPULATION 2 company is required to use reasonable judgment and diligence to restore service, giving due regard for the needs of various customers. When a customer causes the customer's own service outage or does not make a reasonable effort to arrange a repair visit within the service restoration deadline, or when the telephone company determines that the outage is attributable to the customer's own equipment or inside wire, the telephone company is not required to meet the restoration timelines of Rule 502.01. 03. Compliance Standard. Each month at least eighty percent (80%) of out-of-service trouble reports shall be cleared in accordance with Rules 502.01 and 502.02. 7.The parties agreed to file the Settlement Stipulation with the Commission and request that the Commission approve it without alteration or modification. The parties further request that the Commission's consideration of the Settlement Stipulation be processed by Modified Procedure with a 21-day comment period. The parties further recommend, if the revised rule is approved by the Commission, that it be submitted to the Rules Coordinator for publication and promulgation as a revised rule. 8.The parties agree and request that the Commission grant an exemption to the existing Rule 502 to the companies that are parties to this Settlement Stipulation, and to any other companies that subsequently request an exemption, pending completion of the rulemaking process and the effectiveness of the revised Ruled 502. The parties agree, and the Commission may order, that any company granted an exemption will be bound by the terms of the revised Rule 502 during pendency of its enactment. 9.The parties agree the Stipulation represents a fair, just and reasonable compromise of the issues, and the Stipulation is in the public's interest. The parties believe the Stipulation and its acceptance by the Idaho Public Utilities Commission (Commission) represents a reasonable resolution of the issues identified in this matter. The parties, therefore, recommend that the Commission, in accordance with Rule of Procedure (RP) 274, approve the Stipulation and all of its terms and conditions without material change or condition. 10.The parties agree that this Stipulation represents a compromise of the positions of the parties. Therefore, other than any testimony or comments filed in support of the approval of this Stipulation, and except to the extent necessary for a party to explain before the Commission SETTLEMENT STIPULATION 3 its own statements and positions with respect to the Stipulation, as directed by RP 272, all statements made and positions taken in negotiations relating to this Stipulation shall be confidential and will not be admissible in evidence in this or any other proceeding. 11.If the Commission rejects any part or all of this Stipulation, or imposes any additional material conditions on approval of this Stipulation, each party reserves the right, upon written notice to the Commission and other parties to this proceeding, within fourteen (14) days of the date of such action by the Commission, to withdraw from this Stipulation. In such case, no party will be bound or prejudiced by the terms of this Stipulation, and each party shall be entitled to seek reconsideration of the Commission's Order, file testimony as it chooses, cross- examine witnesses, and do all other things necessary to put on such case as it deems appropriate. 12.This Stipulation may be executed in counterparts and each signed counterpart shall constitute an original document. Respectfully submitted this Idaho Public Utilities Commission í1 '1 day of May 2012. The CenturyLink Companies By: Weldon B. Stutzman Deputy Attorney General Attorney for Commission Staff Frontier Communications By: Renee Wilier Frontier Communications Representative Idaho Telecom Alliance Cynthia A. Melillo Attorney for Idaho Telecom Alliance bls/N:GNR-T-1 2-03_ws_Settlement Stipulation By: Mary kIobson Attorney for the CenturyLink Companies TDS Telecommunications Corp. By: Gail Long Manager, State Government Affairs SETTLEMENT STIPULATION 4 MAY -04-2012 09:33 From:FRONTIERCOMM 503629095 To:208334045 its own statements and positions with respect to the Stipulation, as directed by R. 272, all statements made and positions taken in negotiations relating to this Stipulation shall be confidential and will not be admissible in evidence in this or any other proceeding. ii. If the Commission relects any part or all of this Stipulation, or imposes any additional material conditions on approval of this Stipulation, each party reserves the right, upon written notice to the Commission and other parties to this proceeding, within fourteen (14) days of the date of such action by the Commission, to withdraw from this Stipulation. In such case, no party will be hound or prjudiced by the terms of this Stipulation, and each party shall be entitled to seek reconsideration of the Commission's Order, file testimony as it chooses, cross- examine witnesses, and do all other things necessary to put on such case as it deems appropriate. 12. This Stipulation may he executed in counterparts and each signed counterpart shall Constitute an original document, Respectfully submitted this day of May 2012. .Idaho Public 'Utilities Commission The CenturyLink Companies Weldon 13. Stutzman Deputy Attorney General Attorney for Commission Staff Frontier Communications By: Re ceWiller Frontier Communications Representative Idaho Telecom Alliance - Mary S. Hobson Attorney for the CenturyLink Companies TDS Telecommunications Corp. Gail Long Manager, State Government Affairs By: Cynthia A. Melillo Attorney for Idaho Telecom Alliance bIsINONft-T. 1 2-O3•ws_SU1n•icnI. Stpuft*Uôn S:I3TTLEMFNT STIPULATION 4 its own statements and positions with respect to the Stipulation, as directed by RP 272, all statements made and positions taken in negotiations relating to this Stipulation shall be confidential and will not be admissible in evidence in this or any other proceeding. 11.If the Commission rejects any part of all of this Stipulation, or imposes any additional material conditions on approval of this Stipulation, each party reserves the right, upon written notice to the Commission and other parties to this proceeding, within fourteen (14) days of the date of such action by the Commission, to withdraw from this Stipulation. In such case, no party will be bound or prejudiced by the terms of this Stipulation, and each party shall be entitled to seek reconsideration of the Commission's Order, file testimony as it chooses, cross- examine witnesses, and do all other things necessary to put on such case as it deems appropriate. 12.This Stipulation may be executed in counterparts and each signed counterpart shall constitute an original document Respectfully submitted this Idaho Public Utilities Commission By: Weldon B. Stutzman Deputy Attorney General Attorney for Commission Staff Frontier Communications By: Renee Willer Frontier Communications Representative Idaho Telecom Alliance By: aL Cyn 'a A. Melillo Attorney for Idaho Telecom Alliance blsN:GNR-T-12-03_ws_Settlement Stipulation day of May 2012. The CenturyLink Companies By: Mary S. Hobson Attorney for the CenturyLink Companies TDS Telecommunications Corp. By: Gall Long Manager, State Government Affairs SETTLEMENT STIPULATION 4 its own statements and positions with respect to the Stipulation, as directed by RP 272, all statements made and positions taken in negotiations relating to this Stipulation shall be confidential and will not be admissible in evidence in this or any other proceeding. II. If the Commission rejects any part or all of this Stipulation, or imposes any additional material conditions on approval of this Stipulation, each party reserves the right, upon written notice to the Commission and other parties to this proceeding, within fourteen (14) days of the date of such action by the Commission, to withdraw from this Stipulation. In such case, no party will be bound or prejudiced by the terms of this Stipulation, and each party shall be entitled to seek reconsideration of the Commission's Order, file testimony as it chooses, cross- examine witnesses, and do all other things necessary to put on such case as it deems appropriate. 12. This Stipulation may be executed in counterparts and each signed counterpart shall constitute an original document. Respectfully submitted this day of May 2012. Idaho Public Utilities Commission The CenturyLink Companies By: Weldon B. Stutzman Mary S. Hobson Deputy Attorney General Attorney for the Century -Link Companies Attorney for Commission Staff Frontier Communications TDS Telecommunications Corp. ft By: By: 111 S_____________________ Renee Willer Gail Long Frontier Communications Representative Manager, State Government Affairs Idaho Telecom Alliance M. Cynthia A. Melillo Attorney for Idaho Telecom Alliance b1s/N:GNR-T-1 2-03_ws_Settkment Stipulation SETTLEMENT STIPULATION 4