20120726Notice of Proposed Rulemaking.pdf

IDAPA 31—IDAHO PUBLIC UTILITIES COMMISSION RECEIVED
31.41.01 - CUSTOMER RELATIONS RULES FOR TELEPHONE CORP 4Pk 38
PROVIDING SERVICES IN IDAHO SUBJECT TO CUSTOMER SERVJC , Pt]Bi c REGULATION BY THE IDAHO PUBLIC UTILITIES COMMISIDN11ES )MMSS$c,
(THE TELEPHONE CUSTOMER RELATIONS RULES)
DOCKET NO. 31-4101-1201
NOTICE OF RULEMAKING - TEMPORARY AND PROPOSED RULE
EFFECTIVE DATE: The effective date of the temporary rule is July 3, 2012.
AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226, Idaho Code, notice is
hereby given that this agency has adopted a temporary rule, and proposed rulemaking procedures
have been initiated. The action is authorized pursuant to Sections 61-515, 62-605(5)(b), and 62-
622(5), Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking will be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than September 19, 2012.
The hearing site(s) will be accessible to persons with disabilities. Requests for
accommodation must be made not later than five (5) days prior to the hearing, to the agency
address below.
DESCRIPTIVE SUMMARY: The following is the required finding and concise statement of
its supporting reasons for adopting a temporary rule and a nontechnical explanation of the
substance and purpose of the proposed rulemaking:
The IPUC adopted changes to IDAPA 31.41.01.502, effective July 3, 2012, by approving
a stipulation signed by IPUC Staff and telephone companies affected by the rule. The proposed
change was initiated by the telephone companies who face competitive pressures that did not
exist in 1993 when the rule was promulgated. Particular references to Rule 502 in Rule 500 and
Rule 501 are deleted to coincide with the changes to Rule 502.
TEMPORARY RULE JUSTIFICATION: Pursuant to Section(s) 67-5226(1)(c), Idaho Code,
the Governor has found that temporary adoption of the rule is appropriate for the following
reasons:
The change to IDAPA 31.41.01.502 confers an economic benefit on telephone companies
who currently face competition in local telephone markets. The rule change (a) increases time to
restore service when outages occur, (b) eliminates penalty payments, and (c) eliminates
automatic reporting requirements. Adopting the rule change as temporary allows benefit to be
immediately effective.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMPACT: There is no fiscal impact on the state general fund resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Negotiated rulemaking was conducted through a public
workshop on April 30, 2012, and by written comments received by electronic mail. Members of
the public and representatives of at least twelve (12) telecommunications companies participated
in the informal negotiated rulemaking process.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Weldon B. Stutzman, Deputy Attorney General, at [phone].
Anyone may submit written comments regarding this proposed rulemaking. All written
comments must be directed to the Commission Secretary and must be delivered on or before
September 26, 2012. Persons desiring to comment are encouraged to submit written comments
at their earliest convenience rather than wait until the comment deadline.
DATED this day of July 2012.
(/t (2
JQ'ah D. Jewell(j V Commission Secretary
Idaho Public Utilities Commission
P0 Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5918
IDAPA 31
TITLE 41
CHAPTER 01
31.41.01 - CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS
PROVIDING SERVICES IN IDAHO SUBJECT TO CUSTOMER SERVICE
REGULATION BY THE IDAHO PUBLIC UTILITIES COMMISSION
(THE TELEPHONE CUSTOMER RELATIONS RULES)
500. QUALITY OF SERVICE (RULE 500).
01. Service Standards. Each telephone company providing local exchange service
pursuant to Title 61 or Title 62, Idaho Code, as applicable, and each eligible telecommunications
carrier (ETC) is required to employ prudent management and engineering practices to ensure that
customers receive the best quality of service practicable. Each telephone company is required to
adopt and pursue a maintenance program aimed at achieving efficient operation of its systems to
render safe, adequate and uninterrupted service. These programs must include guidelines for
keeping all plant and equipment in good repair, including the following: (3-29-10)
a.Broken, damaged or deteriorated equipment must be promptly repaired or replaced;
and (7-1-93)
b.Transmission problems (including induction, cross-talk, or other poor transmission on
any line) must be promptly corrected when located or identified. (7-1-93)
02. Service Outage. If a customer's local telephone service quality deteriorates to such
an extent that the customer cannot make local calls or cannot receive local calls or cannot use the
service for voice grade communication because of cross-talk, static or other transmission
problem, the telephone company must respond to a customer's report of such a "service outage"
in accordance with Rule 502. Customer's bills must be appropriately and automatically credited
pursuant to the tes of Rule 502. (3 294-0)(Z-3-12)T
501. RESPONSE TO SERVICE OUTAGE (RULE 501).
01. Receipt and Recording of Reports. Each telephone company providing local
exchange service shall provide for the receipt of customer trouble reports at all hours and make a
full and prompt investigation of and response to all reports. The telephone company shall
maintain an accurate record of trouble reports made by its customers. This record shall include
accurate identification of the affected customer or service, the time, date and nature of the report,
the action taken to clear the trouble or satisfy the customer, and the date and time of trouble
clearance or other disposition. This record shall be available to the Commission or its authorized
representatives upon request at anytime within two (2) years of the date of the record. (3-29-10)
02. Repair Commitments. Commitments to customers for repair service shall be set in
accordance with Rule 502. Each telephone company shall make every reasonable attempt to
fulfill repair commitments to customers. Customers shall be timely notified of unavoidable
changes. Failure to meet a repair commitment does not relieve the telephone company of the
credit provisions in Rule 502.01, unless the customer fails to keep an appointment the customer
agreed to when the original commitment was made. (3 29 1 0)(7-3- 1 2)T
502. REPAIR SERVICE STANDARDS (RULE 502).
01. 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:
(3 29 lO)(7-3-12)T
a.Restore service within sixteen (16) hours after the report of the outage if the customer
notifies the telephone company that the service outage creates an emergency for the customer
For outages reported on Thursday, the company must restore service no later than the following
Monday by 6 p.m.; of and (7 1 93)(7-3-12)T
b.Restore service within t\venty four (21) hours after the report of the outage if no
emergency exists, except that outages reported between noon on Saturday and 6 p.m. on the
following Sunday must be restored within forty eight (18) hours or by 6 p.m. on the following
Monday, which ever is sooner. If the telephone company does not restore service within the
times required by this Rule the telephone company must credit the customer's account for an
amount equal to the monthly rate for one (1) month of basic local exchange service For outages
renorted on Friday. Saturday or Sunday. the comnanv must restore service no later than the
following Tuesday by 6 p.m.. (7 1 93)(7-3-12)T
02. 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 company is not required to provide the credit referred to in Rule
502.01 as long as it uses 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 provide to
that customer the credit referred to win meet the restoration timelines of Rule 502.01.
(3 29-4-0)G-3-12 T
03. Compliance Standard. Each month at least ninety eighty percent (980%) of out-of-
service trouble reports shall be cleared in accordance with Rules 502.01 and 502.02. che
telephone company shall keep a monthly service record as described in Rule 501.01 and shall
notify the Commission if the record indicates the ninety percent (90 0,40) level has not been met for
a period of three (3) consecutive months. (3 29 lO)(7-3-12)T
RULEMAKING CHECKLIST FORM
Docket Number (Assigned by the Office of Administrative Rules): 31-4101-1201
(OAR will assign docket number to Negotiated, Proposed and Temporary rulemakings.)
IDAPA, Title, and Chapter Number and Chapter Name:
31.41.01 - Telephone Customer Relations Rules
Agency: Idaho Public Utilities Commission
Agency Contact and Phone Number: Weldon Stutzman 334-0318
Legal Authority for rulemaking - Idaho Code Section(s): 61-302, 61-503, 61-507, 62-605, 62-606,
62-615, and 62-616
This rulemaking is a: (Check at least one; it may be necessary to check more than one.)
Negotiated Rulemaking Proposed Rulemaking _____ Temporary/Proposed Rulemaking XX
Temporary Rulemaking Effective Date of Temporary Rule: July 3, 2012
Temporary Rule Justification (See Idaho Code Section 67-5226):
Protection of the public health, safety, or welfare; or
_Compliance with deadlines in amendments to governing law or federal programs; or
XX Conferring a benefit.
Pending Rule Date Pending Rule Will Become Effective:
Amendment to Temporary Rule Rescission of Temporary Rule
Correction to Pending Rule Vacation of Rulemaking
Does any portion of this rulemaking impose or increase a fee or charge?
If yes, provide a specific description along with the citation of the statute authorizing the imposition or increase.
No
Does this rulemaking have a negative fiscal impact on the state general fund greater than ten
thousand dollars ($10,000) during the fiscal year?
If yes, include a descriptive summary of the fiscal impact involved.
No
Does this rulemaking necessitate changes in other rules?
If yes, please specify.
No
Does this rulemaking incorporate by reference other documents?
Specify an exact description of document(s) incorporated by reference.
No.
XX 1. Had your legal counsel review your rulemaking?
XX 2. Received Director, Board or Commission approval for the rulemaking?
HAVE YOU INCLUDED...
XX 1. An approved Proposed/Temporary Administrative Rules Form (PARF)?
XX 2. An electronic version of the Notice and complete text of the rule changes in Microsoft Word?
XX 3. An 8 1/2 by 11 hard copy of the Notice and the complete text of the rule changes?
DFM Tracking No.
State of Idaho
DIVISION OF FINANCIAL MANAGEMENT
Executive Office of the Governor
' o
Proposed/Temporary Administrative Rules Form
- Section 1 (To be completed by Agency)
Agency Name: STARS Agency Code: Fax Number: Date:
Idaho Public Utilities Commission 900 334-3762 05-10-2012
Contact Person: Title: Phone: Email:
Joe LeckieiWeldon Stutzman Executive Administrator 334-0331 ioe.leckie(puc.idaho.gov
Dep. Attorney General 334-0318 Weldon.stutzmanäDuc.idaho.qov
Person Authorizing Rule: Title: Phone: Email:
Paul Kjellander President, PUC 334-2898 paul.kielIander(Puc.idaho.ov
Section 77tI7 J
Statutory Authority for the rule making (Idaho Code, Federal Statute or Regulation):
Idaho Code 61-515; 62-605(5)(b); 62-622(5)
Title, Chapter, and Possible Docket (IDAPA) Number:
Telephone Customer Relations Rules, 31.41.01, 31-4101-1201
This Rule is: X Proposed X Temporary Effective Date:
July 1, 2012
If Temporary Rule:
O Necessary to protect the public health, safety, or welfare; or
O Compliance with deadlines in amendments to governing law or federal programs; or
X Conferring a benefit.
If this is a temporary rule which imposes a fee or charge, provide justification as described in Idaho Code 67-
5226(2): N/A
Provide a fiscal impact statement, both positive and negative, by fund source for all programs affected:
There is no fiscal impact to the IPUC; the rule change confers economic benefit to telephone companies by
eliminating penalties paid to customers, and increasing time to restore basic local telephone exchange service.
Need for Proposed Rule Change:
The proposed change to IDAPA 31 .41 .01 .502 was initiated by telephone companies who face competitive
pressures that did not exist in 1993 when the rule was implemented.
Proposed Rule Changes (Summary Only):
IDAPA 31.41.01.502 is changed to (a) increase time that basic local telephone service outages must be restored,
(b) eliminate penalty payments to customers, and (c) eliminate reporting requirements.
Interest Group(s) or Citizens Affected:
Telephone companies that provide basic local exchange service and their customers.
Section 3 (DFM Use Only)
DFM Analyst Comments:
DFM Analyst Fiscal Impact Review:
DFM Analyst Signature & Date: Recommend:
Revised: March 11, 2008
0 Yes 0 No
Gov Special Assistant Signature & Date: Recommend:
O Yes 0 No
DFM Administrator Signature & Date: Approval:
O Yes 0 No
Section 4 ( To Be Completed By DFM PARF Coordinator
Received by DFM from Agency
Date Irl,k
Received by DFM Analyst from Coordinator
Received by Coordinator from Analyst
Received by Governor's Special Assistant from Coordinator
Received by Coordinator from Governor's Special Assistant
Received by DFM Administrator
Return via email to: info(dfm.idaho.qov
Revised: March 11 2008