20010523APA Notice of Proposed Rule - 51-01.doc

IDAPA 31—IDAHO PUBLIC UTILITIES COMMISSION
31.51.01-OPERATOR SERVICES AND
PAY TELEPHONE RULES

DOCKET NO. 31-5101-0101
NOTICE OF PROPOSED RULE

AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the Public Utilities Commission’s proposed rulemaking. This action is authorized pursuant to Sections 61-507, 62-601, and 62-622(5), Idaho Code.

PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be scheduled only if requested in writing by twenty-five (25) persons, political subdivision, or an agency, no later than July 18, 2001. The hearing site will be accessible to persons with disabilities. Requests for accommodations must be made no later than five (5) days prior to the hearing, to the Commission’s address set out below.

DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance and purpose of the proposed rulemaking:

The Commission’s Operator Services and Pay Telephone Rules were last updated in 1994. The Commission proposes to amend these Rules so that they are consistent with recent changes in federal law and the Federal Communications Commission (“FCC”). See generally, In the Matter of Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, CC Docket No. 96-128, Order No. 96-388 (September 20, 1996). Other changes were proposed so that these rules are in compliance with the Americans with Disabilities Act, 42 U.S.C. §  12101 et seq. (September 22, 2000) and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities, 36 C.F.R Part 1191, Appendix A (July 1, 2000). Finally, the Commission is proposing to make several non-substantive changes to clarify and streamline these Rules. These changes were also agreed upon by the parties to this negotiated rulemaking. Thus, the Commission has deleted obsolete and redundant material and added several terms and abbreviations that are consistent with terms and abbreviations used by the FCC in its payphone orders.

FEE SUMMARY: There are no fees associated with this proposed rulemaking.

NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.0811, informal negotiated rulemaking was conducted. The Commission held a public workshop to discuss possible changes to these Rules on September 27, 2000. At the workshop changes were agreed upon by the participating parties and persons.

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Joe Cusick, Telecommunications Section Supervisor at (208)-334-0333. Anyone may submit written comments regarding these proposed rules. All written comments must be directed to the undersigned and must be delivered on or before July 25, 2001.

DATED at Boise, Idaho this day of May 2001.

Jean D. Jewell
Commission Secretary
Idaho Public Utilities Commission Street address for express delivery:
PO Box 83720 472 W Washington
Boise, ID 83720-0074 Boise, Idaho
Telephone: [phone]
Facsimile: [phone]