20160602Notice of Rulemaking.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.46.02 - RULES GOVERNING TELECOMMUNICATIONS RELAY SERVICES (TRS)
DOCKET NO. 31-4602-1601
NOTICE OF RULEMAKING. ADOPTION OF TEMPORARY RULE
EFFECTIYE DATE: The effective date of the temporary rule is May 1, 2016.
AUTHORITY: In compliance with Sections 67-5226, Idaho Code, notice is hereby given this
agency has adopted a temporary rule. The action is authorized pursuant to Section 6l-1306, Idaho
Code.
DESCRIPTIVE SUMMARY: The following is the required finding and concise statement of its
supporting reasons for adopting a temporary rule:
Telecommunication Relay Services (TRS) enable a communications-impaired person to send and
receive messages to and from a non-communications-impaired person, using specialized
telecommunications equipment. The Commission contracts with a TRS Administrator that
requests and evaluates proposals from TRS providers that wish to enter a contract to be a TRS
provider for Idaho. The temporary rule was needed to enable the Administrator to proceed with
securing a TRS provider, thus ensuring that TRS services could continue. Idaho's TRS program
ensures the health, safety, and welfare of deaf and hearing-impaired citizens in Idaho. Without a
TRS program, an emergency situation can become fatal if, for example, a hearing-impaired person
cannot communicate with first-responder personnel. The Commission understands that this rule
may change as a result of the later negotiated rule process.
TEMPORARY RULE JUSTIFICATION: Pursuant to Section(s) 67-5226(1Xa), Idaho Code,
the Govemor has found that temporary adoption of the rule is appropriate to ensure protection of
the public health, safety and welfare, specifically Idaho's deaf and hearing-impaired community.
FEE SUMMARY: No fee or charge is imposed or increased by the temporary rule.
ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions
conceming the temporary rule, contact Grace Seaman at208-334-0352.
I
DATED this JL^t auy of June 2016
PO Box 83720
Boise, Idaho 83720-007 4
Telephone: [phone]
Facsimile: (208) 334-37 62
E-mail: [e-mail]. gov
Street address for express delivery:
472W Washington
Boise, Idaho 837 02-591,8
Public Utilities Commission
IO3. ESTABLISHMENT OF TELEPHONE INDUSTRY ADVISORY COMMITTEE
(RULE 103).
01. Establishment of Committee. The Commission hereby establishes a telephone
industryadvisorycommitteewithwhichtheadministratorshallconsultinffi
he assessment of
responses to the RFP, and the-review ef the guatiqrcf services provided. The industry committee
shall have serren three (3) members, who shall be representatives of:(ryxs-r-r5n
a. A largest provider of local exchange and
intraLATA MTS services in +he-.southem Idaho t,+f* arU in tne Uwer C
eeffirni#€e;(rurys-1-1.6)I
b.
MTS in nerth€m ldahe)$w
e-+l*e€) An independent telephone companiesy providing local e
a member of te be appeinted frem nernirees reeenrnended by the Idaho Telephone Association
(the trade group that includes independent telephone companies in Idaho); end(7443X5:UOf
dg. AT&T eemmunieatien.r
The ldaho
State Council for the Deaf and Hard of Hearine. or the State Council on Developmental
Disabilities.(+.]=93Xs-t-_loI
e, MeI Teleeernrntrnieatiens eerperatier (ar MTS earrier that has expressed great
@
f. ene ether MTS €affier
@ t714?,
PROPOSED RULEMAKING CHECKLIST
Docket Number (Assigned by the Office of Administrative Rules):3t-4602-1601
(OAR will assign docket number to Negotiated, Proposed and Temporary rulemakings.)
IDAPA, Title, and Chapter Number and Chapter Name:
31.46.01 - Rules Governing Telecommunications Relay Services (TRS)
Agency:Idaho Public Utilities Commission
Agency Contact and Phone Number:Daohne Huans. 334-0357
Legal Authority for rulemaking - Idaho Code Section(s):61-1306
This rulemaking is a: (Check at least one; it may be necessary to check more than one)
Negotiated Rulemaking
-Temporary Rulemaking X
Proposed Rulemaking _
Effective Date of Temporary Rule: 511116
Temporary Rule Justification (See Idaho Code Section 67-5226):
X Protection of the public health, safety, or welfare; or
Compliance with deadlines in amendments to governing law or federal programs; or
Conferring a benefit.
Does any portion of this rulemaking impose or increase a fee or charge? No
If yes, provide a specific description along with the citation of the statute authorizing the imposition or increase.
Does this rulemaking have a negative fiscal impact on the state general fund greater than
ten thousand dollars ($f 0,000) during the fiscal year? No
If yes, include a descriptive summary of the fiscal impact involved
Does this rulemaking necessitate changes in other rules? No
If yes, please speciff.
Have any documents been Incorporated by Reference into this rulemaking? No
Speciff an exact description ofdocument(s) incorporated by reference.
HAVE YOU...X l. Had your legal counsel reviewed your rulemaking?
X 2. Received approval from your Director, Board or Commission for the rulemaking?
HAVE YOU INCLUDED...X l. An approved and signed Proposed/Temporary Administrative Rules Form (PARF)?X 2. An electronic version of the Notice and complete text of the rule changes in Word or RTF?
Statc of [daho
Drust gm or Frls*IrclAt ManAGEHEnT
Exccutlt c Officc of thr Go?cmor
Tracking #: A900-2016-1
Status: DFM Analyst Recommended 05/13/16
Gov's Office: Recommended 05/1 3/16
DFM Admin: Recommended 05/16/16
Administrative Rules Request Form
Agency Name:Public Utilities Commission
Primary Contact: Joe Leckie
Secondary Contact: Maria Barratt-Riley
Person Authorizing Rule: Joe Leckie
Phone: [phone]
Phone: [phone]
Phone: [phone]
Submitted onl 051 1 21201 6
Email: [e-mail]
Emaih [e-mail]
Email: [e-mail]
Statutory Authority for the rule making (ldaho Code, Federal Statute or Regulation):
61 -1 306
Title, Chapter, and Possible Docket (IDAPA) Number: 31.46.02
This rule is: D proposed E Temporary E Proposedffemporary EffectiveDate: 0510112016
lf this is a temporary rule:
@ Necessary to protect the public health, safety, or welfare; or
n Compliance with deadlines in amendments to governing law or federal programs; or
! Conferring a benefit.
Please explain:
This temporary rule is needed to both protect the public health, safe$ and welfare by continuing to provide telecommunication relay services to the deaf and
hearing impaired citizens in ldaho. Wthout a telecommunications relay services program in place, any type of emergency situation can become fatal if a person
with hearing impairment cannot communicate with first responder personnel. ln addition, this temporary rule will continue to confer the benefit of
communication for the deaf and hearing impaired community within ldaho. The Commission understands that this rule may change as a result of the later
negotiated rule process, however due to the immediate need to have a reconstituted advisory committee to allow the ldaho Public Utilities Commission to issue
an order naming said representatives, that will then assist in the evaluation of the RFP proposals for the continuation of telecommunication relay services this
rule is being requested as a temporary/proposed rule with a May lst effective date.
!f this is a temporary rule which imposes a fee or charge, provide justification as described in ldaho Code 67-5226(2):
N/A
Agency has determined according to ldaho Code 67-5220(1):
! fnis rule is to be negotiated
Agency certifies that the rule : E has been ! will be negotiated with interested persons as outlined in ldaho Code 67-5220(3).
I Negotiation of this rule is not feasible
V Rule is temporary; or tr Lack of identifiable representatives of affected interests; or
tr Rule is simple in nature; or tr Affected interests are not likely to reach consensus; ortr other.
Please explain:
As mentioned above, this rule is both temporary and proposed. The Commission will go through the negotiated rule process this summer.
Provide a fiscal impact statement for all programs affected. Be sure to reflect both positive and negative impacts and to include all fund
aources including both the General Fund and dedicated funds:
There is no fiscal impact tied to this rule, however without this temporary rule being proposed a new contract for relay services cannot be issued.
Monday, May 16, 16 01:10 PM Page 'l of 2
Provide a short explanation of the need for this rule:
The current rule establishes a seven (7) member advisory committee compromised specific entities (U.S. West, GTE Northwest, AT&T of the Mtn States, MCl,
etc.) for the puncose of formulation RFP for telecommunication relay seruices. Several of these specific entities either no longer exist, or have changed
names/owners, etc. The telecommunications relay services program is required to be administered by 3rd party administrator, who recently issued a new RFP
for relay services. This advisory committee, as the rule is currently written cannot be convened to assist in the evaluation of submitted bids/proposals for
contract award.
Does this rute adopt amendments to materials previously incorporated by reference? fl Ves E ffo Filename:
Provide a short summary of the changes this rule makes:
This rule eliminates the reference of specific entities to serve on the advisory council, and instead identifies representatives from the following to be named by
the ldaho Public Utilities Commission in an official Commission Order: 1. One representative from a large provider of local exchange and inhaLATA MTS
services in ldaho 2. One representative from an independent telephone company providing local exchange services who is a member of the ldaho Telephone
Association (trade group) 3. One representative from the ldaho State Council for the Deaf and Hard of Hearing, or the State Council on Developmental
Disabilities. ln addition to removing the specific entities and renaming categories of entities, this rule reduces the size of the advisory committee from seven
(7) to three (3). The purpose of the advisory committee remains the same, to assist with the assessment of response to the RFP and review of the services
provided.
Provide a list of those persons or interested group(s) affected by the rule:
The deaf and hearing impaired community, local exchange carriers, and telecommunication relay providers.
DFM Analyst: Gideon Tolman Recommendation: I RecommendeO n ruot Recommended n Pending Date: osl13t2o16
Comments:
Although this will go through the proposed rule process, the current contract needs to be renegotiated this summer, so it is going through as temporary as well
in order to continue to provide services for hearing impaired citizens.
Fiscal lmpact Comments:
There is no fiscal impact.
Special Assistant: Stephen Goodson Recommendation: @ Recommended f] ruot Recommende6 Date: 0511312016
Comments:
DFM Administrator Action: 0511612016
! nuthorized to Advance to Rulemaking Process, DFM to review draft rule prior to publication
I Approved E ruotApproved
Monday, May 16, 16 01:10 PM Page 2 oI 2