Rulemaking Docket 31-4602-1601.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
EFFECTIVE 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 61-1306,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(1)(a),Idaho Code,
the Governor 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
concerning the temporary rule,contact Grace Seaman at 208-334-0352.
DATED this day of June 2016
/1 K
/tJ1/’
J n D.Jewell(ommission Secretary
I aho Public Utilities Commission Street address for express delivery:
P0 Box 83720
Boise,Idaho 83720-0074 472 W Washington
Telephone:[phone] Boise,Idaho 83702-59 18
Facsimile:[phone]
E-mail:secretary(Zipuc.idaho.gov
103.ESTABLISHMENT OF TELEPHONE INDUSTRY ADVISORY COMMITTEE
(RULE 103).
01.Establishment of Committee.The Commission hereby establishes a telephone
industry advisory committee with which the administrator shall consult in the formulation of a
Request for Proposals (RFP)for telecommunications relay services (TRS),the assessment of
responses to the RFP,and the-review of the quality of services provided.The industry committee
shall have seven three (3)members,who shall be representatives oE (7 1 93)(5-1-16)T
a.U S WEST Communications,Inc.,(the A largest provider of local exchange and
intraLATA MTS services in the southern Idaho LATA and in the lower Clearwater drainage
associated with the Spokane LATA),which is hereby appointed to a permanent seat on the
committee;(7 1 93)(5-1-16)T
b.GTE Northwest Incorporated,(the provider of local exchange service and intraLATA
wii in norinern Idaho),which is hereby appointed to a permanent seat on the committee;
(7 1 93)
c.Two (2)An independent telephone companiesy providing local exchange services and
a member of to be appointed from nominees recommended by the Idaho Telephone Association
(the trade group that includes independent telephone companies in Idaho);çj-7 I 93)(51-16)T
dc.AT&T Communications oi inc ivlountain States,Inc.(the principal interLATA MTS
carrier in Idaho),which is hereby appointed to a permanent seat on the Committee;The Idaho
State Council for the Deaf and Hard of Hearing,or the State Council on Developmental
Disabilities.(7 1 93)(5-1-16)T
e.MCI Telecommunications Corporation (an MTS carrier that has expressed great
interest in the TRS rulemaking),which is hereby appointed to a permanent seat;and (7 1 93)
f.One other MTS carrier that is not a local exchange company (e.g.,Sprint,Northwest
Telco).(7 1 93)
PROPOSED RULEMAKING CHECKLIST
Docket Number (Assigned by the Office of Administrative Rules):3 1-4602-1601
(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:Daphne Huang,334-0357
Legal Authority for rulemaking -Idaho Code Section(s):6 1-1306
This rulemaking is a:(Check at least one;it may be necessary to check more than one)
Negotiated Rulemaking Proposed Rulemaking
Temporary Rulemaking X Effective Date of Temporary Rule:5/1/16
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 ($10,000)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 specify.
Have any documents been Incorporated by Reference into this rulemaking?No
Speci1’an exact description of document(s)incorporated by reference.
HAVE YOU...
X 1.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?
State et Idaho Tracking #:A900-201 6-1
(êjj DIVISION OF’FINANCIAL MANAGEMENT Status:DFM Analyst Recommended 05/13/16
F;:t:c Offcc ohc Govcrror Coy’s Office Recommended 05/13/16
DFM Admin Recommended 05/16/16
Administrative Rules Request Form
Agency Name:Public Utilities Commission Submitted on:05/12/2016
Primary Contact:Joe Leckie Phone:[phone] Email:[e-mail]
Secondary Contact:Maria Barratt-Riley Phone:[phone] Email:maria.barratt-rileypuc.idaho.gov
Person Authorizing Rule:Joe Leckie Phone:[phone] Email:joe.leckiepuc.idaho.gov
Statutory Authority for the rule making (Idaho Code,Federal Statute or Regulation):
61-1306
Title,Chapter,and Possible Docket (IDAPA)Number:31.46.02
This rule is:LI Proposed LI Temporary Proposed/Temporary Effective Date:05/01/2016
If this is a temporary rule:
Necessary to protect the public health,safety,or welfare;or
LI Compliance with deadlines in amendments to governing law or federal programs;or
LI Conferring a benefit.
Please explain:
This temporary rule is needed to both protect the public health,safety and welfare by continuing to provide telecommunication relay services to the deaf andhearingimpairedcitizensinIdaho.Without a telecommunications relay services program in place,any type of emergency situation can become fatal if a personwithhearingimpairmentcannotcommunicatewithfirstresponderpersonnel.In addition,this temporary rule will continue to confer the benefit ofcommunicationforthedeafandhearingimpairedcommunitywithinIdaho.The Commission understands that this rule may change as a result of the laternegotiatedruleprocess,however due to the immediate need to have a reconstituted advisory committee to allow the Idaho Public Utilities Commission to issueanordernamingsaidrepresentatives,that will then assist in the evaluation of the REP proposals for the continuation of telecommunication relay services thisruleisbeingrequestedasatemporary/proposed rule with a May 1st effective date.
If this is a temporary rule which imposes a fee or charge,provide justification as described in Idaho Code 67-5226(2):
N/A
Agency has determined according to Idaho Code 67-5220(1):
LI This rule is to be negotiated
Agency certifies that the rule:LI has been LI will be negotiated with interested persons as outlined in Idaho Code 67-5220(3).
Negotiation of this rule is not feasible
Rule is temporary;or LI Lack of identifiable representatives of affected interests;or
LI Rule is simple in nature;or LI Affected interests are not likely to reach consensus;or
LI 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 fundsourcesincludingboththeGeneralFundanddedicatedfunds:
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 16,1601:10 PM Page 1 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,MCI,etc.)for the purpose of formulation RFP for telecommunication relay services.Several of these specific entities either no longer exist,or have changednames/owners,etc.The telecommunications relay services program is required to be administered by 3rd party administrator,who recently issued a new REPforrelayservices.This advisory committee,as the rule is currently written cannot be convened to assist in the evaluation of submitted bids/proposals forcontractaward.
Does this rule adopt amendments to materials previously incorporated by reference?Yes No 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 bytheIdahoPublicUtilitiesCommissioninanofficialCommissionOrder:1.One representative from a large provider of local exchange and intraLATA MTSservicesinIdaho2.One representative from an independent telephone company providing local exchange services who is a member of the Idaho TelephoneAssociation(trade group)3.One representative from the Idaho State Council for the Deaf and Hard of Hearing,or the State Council on DevelopmentalDisabilities.In 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 REP and review of the servicesprovided.
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:Recommended Not Recommended Pending Date:05/13/2016
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 wellinordertocontinuetoprovideservicesforhearingimpairedcitizens.
Fiscal Impact Comments:
There is no fiscal impact.
Special Assistant:Stephen Goodson Recommendation:j Recommended Not Recommended Date:05/13/2016
Comments:
DFM Administrator Action:05/16/2016
3 Authorized to Advance to Rulemaking Process,DFM to review draft rule prior to publication
Approved Not Approved
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