20160602Notice of Intent to Promulgate Rules.pdf

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31.46.02 _ RULES GOVERNING TELECOMMUNICATIONS
RELAY SERVICES (TRS)
DOCKET NO. 31-4602-1602
NOTICE OF INTENT TO PROMULGATE RULES _ NEGOTIATED RULEMAKING
AUTHORITY: In compliance with Sections 67-5220, Idaho Code, notice is hereby given that this
agency intends to promulgate rules and desires public comment prior to initiating formal
rulemaking procedures. This negotiated rulemaking action is authorized pursuant to Section 6l-
1306, Idaho Code.
METHOD OF PARTICIPATION: Interested persons wishing to participate in the negotiated
rulemaking must respond to this notice by contacting the undersigned either in writing, by email,
or by calling the phone number listed below. Anyone may submit written comments. To
participate, responses must be received by July 27,2016.
Should a reasonable number of persons respond to this notice, negotiated meetings will be
scheduled and all scheduled meetings shall be posted and made accessible on the agency website
at the address listed below.
Failure of interested persons to respond to this notice of intent, or an insufficient number
of responses to this notice of intent may result in the discontinuation of further informal
proceedings. In either event, the agency shall have sole discretion in determining the feasibility
of scheduling and conducting informal negotiated rulemaking and may proceed directly to formal
rulemaking if proceeding with negotiated rulemaking is deemed infeasible.
Upon the conclusion of the negotiated rulemaking, any unresolved issues, all key issues
considered, and conclusions reached during the negotiated rulemaking will be addressed in a
written summary and made available on the agency website.
DESCRIPTM SUMMARY: The following is a statement in nontechnical language of the
substance and purpose of the intended negotiated rulemaking and the principal issues involved:
The Idaho Public Utilities Commission seeks to amend its Telecommunications Relay
Services (TRS) Rules. TRS are services that enable a communications-impaired person to send
and receive messages to and from a non-corlmunications-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.
Proposed changes to the TRS Rules accomplish four objectives: (l) delete obsolete
references; (2) conect misspellings and outdated email addresses; (3) improve the clarity or
readability of rules; and (a) simplift the Administrator's process for requesting proposals from
TRS providers. As to the fourth objective, the proposed changes reduce the number of members
on the advisory committee that assists the Administrator in assessing TRS providers' responses to
the requests, and that reviews the services provided by the selected provider.
ASSISTANCE ON TECHNICAL QUESTIONS, OBTAINING DRAFT COPIES: FOT
assistance on technical questions concerning this negotiated rulemaking, contact Grace Seaman at
208-334-0352. Materials pertaining to the negotiated rulemaking, including any available
preliminary rule drafts, can be found on the Commission's website at http://rwvw.puc.idaho.gov.
I
DATED this A^o day of June 2016.
Idaho Public Utilities Commission
PO Box 83720
Boise, Idaho 83720-007 4
Telephone: [phone]
Facsimile: (208) 334-37 62
E-mail: secretary(,ipuc.idaho. qclv
Street address for express delivery:
472W Washington
Boise, Idaho 83702-5918
PROPOSED RULEMAKING CHEGKLIST
Docket Number (Assigned by the Office of Administrative Rules):3t-4602-1602
(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:
Agency Contact and Phone Number: Daphne Huang. 334-0357
Legal Authority for rulemaking - Idaho Code Section(s): 6l-1306
This rulemaking is a: (Check at least one; it may be necessary to check more than one)
NegotiatedRulemaking X
Temporary Rulemaking
-
Proposed Rulemaking _
Effective Date of Temporary Rule:
Temporary Rule Justilication (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
_Conferring a benefit.
Does any potrion 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 ($f 0,000) during the fiscal year? No
If yes, include a descriptive summary of the fiscal impact involved
Does this rulemaking necessitate changes in other rules? No
If yes, please specifr.
Have any documents been Incorporated by Reference into this rulemaking? No
Speci$, 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 1. 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?
IDAPA 3I
TITLE 46
CHAPTER 02
31.46.02 - RULES FOR TELECOMMUNICATIONS RELAY SERVICES (TRS)
o0s. DEFrNrrroNS (RULE 5).
As used in these rules:(7-r-e3)
01. Administrator. "Administrator" means the person with whom the Idaho Public
Utilities Commission contracts to administer the progftrm for delivery of telecommunications
relay services. See Section 61-1302(l), Idaho Code.(7-r-e3)
02. American Sign Language (ASL). ooAmerican sign language" means a visual
language based on hand shape, position, movement, and orientation of the hands in relation to
each other and the body. See 47 C.F.R. 64.601(1).(7-1-e3)
03. ASCII. "ASCII" is an acronym for American Standard Code for Information
Interexchange, which employs an eight-bit code and can operate at any standard transmission
baud rate including 300, 1200, 2400, and higher. See 47 C.F.R. 64.601(2). (7-l-93)
04. Baudot. "Baudot" means a seven (7) bit code, only five (5) of which are information
bits. Baudot was used by some text telephones to communicate with each other at a forty-five
point five (45.5) baud rate. See 47 C.F.R. 64.601(3). (7-l-93)
05. Communications Assistant (CA). "Communications assistant (CA)" means a person
who transliterates conversation from text to voice and from voice to text between two (2) end
users of TRS. CAs are also known by terms such as "TRS operator" or "TDD operator." See 47
c.F.R. 64.601(s).(7-1-e3)
06. Communications Impaired. "Communications impaired" means individuals who are
hearing-impaired or speech-impaired as defined in Title IV, Section 401, Americans with
Disabilities Act of 1990, Public Law 101-336, 47 U.S.C. 225, or regulations promulgated
pursuant to that Act, in particular, 47 C.F.R. 64.601et seq. See Section 61-1302(3), Idaho Code.
(7-r-e3)
07. Hearing Carry Over (HCO). "Hearing czury over (HCO)" means a reduced form of
TRS where the person with a speech disability is able to listen to the other end user and, in reply,
the CA speaks the text as typed by the person with the speech disability. The CA does not type
any conversation. See 47 C.F.R. 64.601(6).(7-r-e3)
08. Local Exchange Company. "Local exchange company" means a telephone
corporation that provides access lines to residential and business customers with the associated
transmission of two-way interactive switched voice communication within a geographic area
where basic local exchange rates rather than message telecommunications service rates apply.
See Section 6l-1302(4),Idaho Code. (7-l-93)
09. Message Telecommunications Service (MTS). "Message telecommunications
service (MTS)" means the transmission of two-way interactive switched voice communication
between local exchange areas for which charges are made on a per-unit basis, not including Wide
Area Telecommunications Service (WATS) (or its equivalent) or individually negotiated
contracts for telecommunication services. See Section 62-603(6), Idaho Code, as adopted by
reference in Section 6l-1302(5), Idaho Code.(7-r-e3)
10. Program. 'oProgram" means the effort directed by the administrator to establish and
operate an Idaho system to provide telecommunications relay services. See Section 61-1302(5),
Idaho Code.(7-r-e3)
11. Telephone Corporation. "Telephone corporation" means every corporation or
person, their lessees, trustees, or receivers appointed by any court whatsoever, providing
telecommunication services for compensation within this State, except telephone corporations
solely providing radio paging, mobile radio telecommunications services, answering services
(including computerized or otherwise automated answering or voice message services), or one-
way transmission to subscribers of video programming, or other programming service, and
subscriber interaction, if any, that is required for the selection of video programming or other
programming service. See Section 62-603(9Y), Idaho Code, as adopted by reference in Section
6l-1302(7), Idaho Code.€-+-ea(_)
12. Telecommunications Relay Services (TRS). o'Telecommunications relay services
(TRS)" mean services through which a communications-impaired person, using specialized
telecommunications equipment, may send and receive messages to and from a non-
communications-impaired person whose telephone is not equipped with specialized
telecommunications equipment and through which a non-communications-impaired person may,
by using voice communication, send and receive messages to and from a communications-
impaired person. This term includes services that enable two-way communication between an
individual who uses a text telephone or other non-voice terminal device and an individual who
does not use such a device. TRS supereedes supersedes the terms "dual party relay system,"
"message relay services," and "TDD relay." See Section 6l-1302(8), Idaho Code, and 47 C.F.R.
64.601(7).(7#3X_-)
13. Text Telephone (TT)."Text telephone (TT)" means a machine that employs graphic
communication in the transmission of coded signals through a wire or radio communications
system. TT supereeCes supersedes the term "TDD" or "telecommunications device for the deaf."
See 47 C.F.R. 64.601(a).(++-93X_)
14. Universal Service Fund (USD. o'Universal service fund (USF)" means the fund
established by the Commission pursuant to Section 62-610,Idaho Code, and this Commission's
rules codified at IDAPA 31.46.01.000, et seq. The USF has an administrator whose duties are
set forth by this Commission's rules and this Commission's contract with the administrator. See
rDAPA 31.46.01.102.(7-r-e3)
15. Voice Carry Over (VCO). "Voice cilry over (VCO)" means a reduced form of TRS
where the person with the hearing disability is able to speak directly to the other end-user. The
CA types responses back to the person with the hearing disability. The CA does not speak on
behalf of the TT users. See 47 C.F.R. 64.601(9).(7- l -e3)
(BREAK IN CONTINUITY OF SECTIONS)
101. REQUTREMENTS OF THE TRS PROGRAM (RULE 10r).
01. Operational Requirements. State or federal law imposes the following operational
requirements upon a TRS provider: (7-1-93)
a. TRS must be provided twenty-four Q\ hours per day, seven (7) days per week, every
day of the year. See 47 U.S.C. 225(dX1)(C); a7 C.F.R. 64.604(b)(4); Section 6l-1303(2)(a),
Idaho Code.(7-l-e3)
b. The TRS provider shall not refuse calls or limit the length of calls using TRS, except
that providers of TRS may decline to complete a call because credit authorization has been
denied. See 47 U.S.C. 22s(dxl)(E); 47 C.F.R. 6a.60a(a)(3).(7-r-e3)
c. The TRS provider must be capable of communicating with text telephone users using
either the ASCII or Baudot format, at any speed generally in use. See 47 C.F.R. 64.604(bxl).
(7-l-e3)
d. Except during network failure, the TRS provider shall answer eighty-five percent
(85%) of all calls within ten (10) seconds, and no more than thirty (30) seconds shall elapse
between receipt of dialing information and the dialing of a requested number. The TRS provider
shall include adequate staffing to provide callers with efficient access under projected calling
volumes so that the probability of a busy response due to unavailability of communications
assistants will be functionally equivalent to what a voice caller would experience in attempting to
reach aparty through the voice telephone network. See 47 C.F.R. 64.604(b)(2).(7-r-e3)
e. The TRS providers shall give TRS users access through the TRS to their chosen inter-
exchange carrier and to all other operator services to the same extent that such access is provided
to voice users. See 47 C.F.R. 64.604(bX3).(H3)(_l
02. Communications Assistants' Handling of Calls. TRS providers must require that
communications assistants (CAs) be sufficiently trained to effectively meet the specialized
communication needs of individuals with hearing and speech disabilities and that
communications assistants have competent skills in typing, grammar, spelling, interpretation of
typewritten ASL, and familiarity with hearing and speech disability cultures, languages and
etiquette. Communications assistants are prohibited from disclosing the content of any relayed
conversation regardless of content and from keeping records of the content of any conversation
beyond the duration of a call. Communications assistants are prohibited from intentionally
altering a relayed conversation and must relay all conversations verbatim unless the relay user
specifically requests summarization. Communications assistants must relay all messages
promptly and accurately. See 47 U.S.C. 225(d)(1XF), -(G); 47 C.F.R. 6a.60a@)Q), -(2); Section
6 l - I 303(2)(b), Idahe4eder-(c). Idaho Code.(7-+43)(__l
03. Rates. The users of TRS shall pay rates no greater than the rates paid for functionally
equivalent voice communication services with respect to such factors as the duration of the call,
the time of day, and the distance from point of origination to the point of termination. In
particular, this means that when a telephone call from one customer to another would not incur
long-distance charges if the call were placed directly without use of the TRS system, then there
will be no long-distance charge for that call when the TRS system is used, even if the TRS
provider is located in a telephone exchange that would ordinarily require a long-distance call to
reach the calling or answering party. See 47 U.S.C. 225(dxlXD); 47 C.F.R. 6a.60a(c)(3).
(7-r-e3)
04. Other Standards and Services. The standards and services required for TRS
providers by this rule are minimum standards and services. The request for proposal for TRS
services may require additional standards or services, or if the request for proposals does not, the
selection of the TRS provider may take into account the ability of the TRS provider to meet
standards or provide services in addition to the minimum standards or services required by this
rule.(7-r-e3)
(BREAK IN CONTINUITY OF SECTIONS)
IO3. ESTABLISHMENT OF TELEPHONE INDUSTRY ADVISORY COMMITTEE
(RULE 103).
01. Establishment of Committee. The Commission hereby establishes a telephone
industryadvisorycommitteewithwhichtheadministratorshallconsultinffi
e assessment of
responses to the RFP, and th+review ef the gualiqtef services provided. The industry committee
shall have seven three (3) members, who shall be representatives of:(ro)(5!15[
a. A largest provider of local exchange and
intraLATA MTS services in the-+euthem Idaho
eemmit+ee;(7-g3{s-l-ro1
b. GTE Nerthrvest Ineererated; (the previder er leeal exehange sewiee ard intrar AT4
}#FS in nerthern lddre); whieh is hereby ap-einted te a permanent seat en the eemmittee;
@
e-+we-(Z) An independent telephone companiesy providing local e
a member of te be appeinted fronr+ernirees reeenrmended by the Idaho Telephone Association
(the trade group that includes independent telephone companies in Idaho); and(7-1-93x5:l:lQI
dg. AT&T eemmunieetiens o
The ldaho
State Council for the Deaf and Hard of Hearing. or the State Council on Developmental
Disabilities.(H+X5:L1-6II
e, MeI Teleeemmunieatiens eerperotio-r (an NITS earrier that has expressed great
(+-e3)
f, gne etner I'ATS earrieTd€+ @
IO4. CONSULTATION WITH REPRESENTATIVES OF THE HEARING.IMPAIRED
AND THE SPEECH-TMPAIRED (RULE 104).
It shall be the duty of the administrator to consult with representatives of the Idaho State Council
for the Deaf and Hard of Hearing and of the Idaho State Council on Developmental Disabilitiesi€€s.M
rwitten repe* reviewing the reeernrnerdatiens ef the Idahe State Ceuneil fer the Dear ard Hard
ie
wh:eh shall explain whfindividual reeenrnendatiens t'ere er rvere net adepted; stating with
isiens'(#3X__J
10s. REQUEST FOR PROPOSALS (RFP) -- SELECTTON OF TRS PROVTDER (RULE
r0s).
01. Formulation of RFP and Submission to the Commission. The administrator,
follewing eonsult*ti shall formulate and submit a request
for proposals (RFP) for the provision of TRS to the Commission. The Commission shall review
the RFP and retum it to the administrator, with comments or changes that Commission finds
appropriate, and direct the administrator to issue the RFP.(re)LJ
02. Requirements of the RFP. The RFP issued by the administrator must request all
companies responding to the RFP to comply with all requirements of state and federal law. See
Rule 101. In addition, the RFP may require those responding to the RFP to meet additional
requirements contained in the RFP or ask those responding to list additional standards they could
meet or additional services that they could provide above the minimums required by state and
federal law.(7-r-e3)
03. Timetable for Decision. The administrator shall seleet develop a timetable for
formulation of the RFP, its review by the Commission, advertisement of the RFP for response,
review of proposals submitted in response to the RFP, and final decision selecting a TRS
providerthatwillcompletetheprocessofselectionoftheTRSprovider@
W in sufficient time to maintain unintemrpted relay services.(H3X___J
106. STATE CERTIFICATION *NNUAT PIIP0RTS (RULE 106).
eadministratorshallsubmitareporttoheIdahoPublicUtilities
Commission, to the Idaho State Council for the Deaf and Hard of Hearing, and to the Idaho State
Council on Developmental Disabilities
a-+epofr=+e as necessary so that the Commission may file the necessary document with theFederalCommunicationsCommission,requestingcontinued
certification of the Idaho TRS in order to allow any Idaho intrastate telephone corporation to
comply with its obligations under federal law to provide TRS by contracting with the Idaho TRSprovider. is"ien
te the pregram; reeemmending a budget for the follewing yea*; ard etherwise addressing issueseon€emi ion(7#3X_)
(BREAK IN CONTINUITY OF SECTIONS)
202. THE COMMTSSTON'S DETERMINATTON OF FUNDTNG LEVELS (RULE 202).
01. Issuance of Commission Order. er e- befere Nevember l; 1992; the eemmissien
eemmiss;on may iss
ef ex-erienee with the initial menths ef serviee, Thereafter; eQn or before March I of each
sueeee+ing year, the Commission shall issue an order in response to the administrator's annual
report that will establish funding levels to be in effect for the twelve months beginning April I
following issuance of the order. The Commission may issue an order revising funding levels at
other times in order to preserve the integrity of the fund.(a-ry(_)
02. Findings and Directives of the Order Prescribing Funding Levels. All orders
prescribing funding levels issued pursuant to Rule 202.01shall contain the following: (7-l-93)
a. The Commission's finding of the funding target for the TRS program for the twelve
(12) months beginning April I (or other appropriate time, if the order is not issued to be in effect
for twelve (12) months beginning April 1), based upon anticipated expenses of operation of the
TRS program for those twelve (12) months and prudent management of minimum fund balances;and (7-1-93)
b. The Commission's findings of the fair, just and reasonable allocations of the twelve
(12) month funding target that will come from telephone corporations providing local exchange
service and that will come from telephone corporations providing MTS/WATS services,
respectively.(7-r-e3)
03. Calculation of Funding Levels. Telephone corporations providing local exchange
service in Idaho and telephone corporations providing intrastate MTS/WATS services in Idaho
must contribute to the TRS fund as follows:(7-r-e3)
a. Each telephone corporation providing local exchange service in Idaho shall file a
monthly report, due on or before the hrst of each month, stating the number of local access lines
it has for that month. The data used to determine a local exchange company's number of local
access lines shall be the same as that used for monthly reporting to the administrator of the
Universal Service Fund (USF) for the monthly USF report. See USF Rule 201.01, IDAPA3r.46,01.201.01. (7-r-93)
b. Each telephone corporation providing intrastate MTS/WATS service in Idaho is
required to contribute to TRS funding in proportion to the number of its intrastate MTS/WATS
billed minutes, provided that those telephone corporations providing intrastate MTS/WATS
service in Idaho that use the services of another telephone corporation for the actual
transportation of calls and that have been granted exemptions from contributions to the Universal
Service Fund by the Commission, the USF administrator, or the Commission staff are also
granted exemptions from contributions to the TRS fund by operation of this rule. The USF
administrator shall provide the TRS administrator with a list of all telephone corporations
exempted from contributing to the USF and all changes to that list whenever they are made. The
data determining an MTS/WATS company's number of intrastate MTS/WATS billed minutes
for a given monthly report due on or before the first of the month shall be the same provided to
the administrator of the Universal Service Fund (USF) for the USF report also due on or before
the first of that month. See USF Rule 201.02, IDAPA 31.46.02.201.02.(7- l -e3)
(BREAK IN CONTINUITY OF SECTIONS)
205. THE ADMINISTRATOR'S ANNUAL REPORT TO THE COMMISSION (RULE
20s).
0l.ReportofExistingFinancialConditions.@orbefore
February 15 of each year. the administrator shall annually submit a report to the Commission
providing the following information :(H3X_)
a. A statement of the TRS fund's income in the previous calendar year from remittances
by local exchange companies and from remittances by MTS/WATS companies, and the total,
and a statement of all other income (including interest), gifts, contributions, etc., for the calendar
year; (7-l-93)
b. Actual TRS fund balances at the end of the quarters ending in March, June, September
and December of the preceding calendar year; and (7-r-e3)
c. The statewide line count for local service lines on January 1 of that year and January I
of the previous year, and the total number of MTS/WATS minutes reported to the TRS
administrator for the year ending the previous December 3l and the year ending the December
3l before that.
frem the permanent TRS ad
terrporary administrater er frem telephene eerperatiens, In additien, the TRS administrater may
ffi (rc)Ll
02. Report on Use of the TRS Program. The administrator shall also report, based upon
information to be supplied by the TRS provider, upon use of the TRS program in the previous
calendar year. The administrator's contract with the TRS provider shall require appropriate data
collection by the TRS provider, including, but not limited to, the number of calls handled by the
provider, with breakdown showing whether the calls are local or MTS, intrastate or interstate
MTS, total intrastate and interstate MTS minutes, the hours when calls are made (e.g., from 8
a.m. to 5 p.m., from 5 p.m. to I I p.m., from 11 p.m. to 8 a.m.), days of the week when calls are
made, and pattems of increased or decreased usage of the TRS program from month to month for
the previous calendar year. The TRS provider shall provide this information by month to the
TRS administrator on dates to be specified by the administrator.(7-t-e3)
03. Recommendation. The administrator shall report the TRS fund's expected surplus or
deficit for the twelve months beginning April 1 based upon the assumption that the TRS funding
levels will not change. The administrator shall also report whether this surplus or deficit will
alter the expected fund balance during the twelve (12) months beginning April 1 following the
report significantly enough to recommend that TRS funding levels be increased or decreased. If
the administrator believes that the TRS funding levels should be increased or decreased, the
administrator shall recommend a target balance for the TRS fund for the end of the twelve (12)
months beginning April 1 following this report and the amount by which TRS fund remittances
should be increased or decreased beginning April 1 to meet this target.(7-r-e3)
04. Review by Commission Staff. On or before March I the Commission Staff shall
review the calculations and recommendations of the administrator and call any effors or
omissions to the attention of the administrator and the Commission.(7-r-e3)
05. Report a Public Record - Workpapers Exempted Trade Secrets. The report of
the administrator showing statewide totals for local service and MTS/WATS minutes,
inventories of service lines, and other information not identifying a telephone corporation or a
customer is a public record available for inspection, examination and copying under Section 74-
102, Idaho Code. Workpapers accompanying the report (including those produced by the USF
administrator) showing individual telephone corporation's data for Title 62 services and
individual telephone corporation's reports to the TRS or USF administrators showing data for
their Title 62 services, together with any data for Title 6l services protected from disclosure
under applicable Trade Secret Law, are trade secrets exempt from disclosure under Section 74-
[07, Idaho Code.(7-r-e3)