Rulemaking Docket 31-4602-1602.pdf

IDAPA 31-IDAHO PUBLIC UTILITIES COMMISSION
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 61-
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.
DESCRIPTIVE 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-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.
Proposed changes to the TRS Rules accomplish four objectives:(1)delete obsolete
references;(2)correct misspellings and outdated email addresses;(3)improve the clarity or
readability of rules;and (4)simplify 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:For
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
DATED this day of June 2016.
/1 \/1 12/‘J-iS I
D.JeweW’i
commission Secretary
Idaho Public Utilities Commission Street address for express delivery:
P0 Box 83720
Boise,Idaho 83720-0074 472 W Washington
Telephone:[phone] Boise,Idaho 83702-5918
Facsimile:[phone]
E-mail:secretai5puc.idaho.gov
PROPOSED RULEMAKING CHECKLIST
Docket Number (Assigned by the Office of Administrative Rules):3 1 -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: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 X Proposed Rulemaking
Temporary Rulemaking Effective Date of Temporary Rule:
__________
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
_____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
Specify 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?
IDAPA 31
TITLE 46
CHAPTER 02
31.46.02 -RULES FOR TELECOMMUNICATIONS RELAY SERVICES (TRS)
005.DEFINITIONS (RULE 5).
As used in these rules:(7-1-93)
01.Administrator.“Administrator”means the person with whom the Idaho Public
Utilities Commission contracts to administer the program for delivery of telecommunications
relay services.See Section 61-1302(1),Idaho Code.(7-1-93)
02.American Sign Language (ASL).“American 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).(7-1-93)
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.64.60 1(2).(7-1-93)
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).(7-1-93)
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(5).(7-1-93)
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.64.60 1 et seq.See Section 6 1-1302(3),Idaho Code.
(7-1-93)
07.Hearing Carry Over (HCO).“Hearing carry 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).(7-1-93)
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 61-1302(4),Idaho Code.(7-1-93)
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 6 1-1302(5),Idaho Code.(7-1-93)
10.Program.“Program”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.(7-1-93)
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(914),Idaho Code,as adopted by reference in Section
6 1-1302(7),Idaho Code.(7 1 93)()
12.Telecommunications Relay Services (TRS).“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 supercedes supersedes the terms “dual party relay system,”
“message relay services,”and “TDD relay.”See Section 6 1-1302(8),Idaho Code,and 47 C.F.R.
64.601(7).(7 1 93)()
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 supercedes supersedes the term “TDD”or “telecommunications device for the deaf.”
See 47 C.F.R.64.60 1(a).(7 1 93)()
14.Universal Service Fund (USF).“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 3 1.46.01.000,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
IDAPA 31.46.01.102.(7-1-93)
15.Voice Carry Over (VCO),“Voice carry 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).(7-1-93)
(BREAK IN CONTINUITY OF SECTIONS)
101.REQUIREMENTS OF THE TRS PROGRAM (RULE 101).
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 (24)hours per day,seven (7)days per week,every
day of the year.See 47 U.S.C.225(d)(I)(C);47 C.F.R.64.604(b)(4);Section 6l-1303(2)(a),
Idaho Code.(7-1-93)
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.225(d)(l)(E);47 C.F.R.64.604(a)(3).(7-1-93)
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(b)(1).
(7-1-93)
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 a party through the voice telephone network.See 47 C.F.R.64.604(b)(2).(7-1-93)
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(b)(3).(7 1 93)()
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)(l)(F),-(G);47 C.F.R.64.604(a)(l),-(2);Section
61-1303(2)(b).Idaho Code,-(c),Idaho Code.(7 1 93)()
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(d)(1)(D);47 C.F.R.64.604(c)(3).
(7-1-93)
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.(7-1-93)
(BREAK IN CONTINUITY OF SECTIONS)
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 ef the quality of services provided.The industry committee
shall have se*ien three (3)members,who shall be representatives of:(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
MTS in northern Idaho),which is hereby appointed to a permanent seat on the committee;
(7 1 93)
c.Two (2)An independent telephone companesy 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);1 93)(5-1-16)T
dc.AT&T Communications of the Mountain 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-l-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)
104.CONSULTATION WITH REPRESENTATIVES OF THE HEARING-IMPAIRED
AND THE SPEECH-IMPAIRED (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 Disabilities
before formulating the RFP for telecommunications relay services.The administrator shall also
solicit comments from the general hearing impaired and speech impaired communities before
issuing the RFP for TRS.Before issuing the RFP,the administrator shall issue a draft RFP and a
written report reviewing the recommendations of the Idaho State Council for the Deaf and Hard
of Hearing,of the Idaho Stute Council on Developmental Disabilities and of the general public,
which shall explain why individual recommendations were or were not adopted,stating with
particularity technical or economic reasons underlying the administrator’s decisions.
(7193)()
105.REQUEST FOR PROPOSALS (RFP)--SELECTION OF TRS PROVIDER (RULE
105).
01.Formulation of RFP and Submission to the Commission.The administrator,
following consultation as provided in Rules 103 and 104,shall formulate and submit a request
for proposals (RFP)for the provision of TRS to the Commission.The Commission shall review
the RFP and return it to the administrator,with comments or changes that Commission finds
appropriate,and direct the administrator to issue the RFP.(7 1 93)()
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.(7-1-93)
03.Timetable for Decision.The administrator shall select 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
provider that will complete the process of selection of the TRS provider no later than September
1,1992 in sufficient time to maintain uninterrupted relay services.(7 1 93)(‘)
106.STATE CERTIFICATION ANNUAL REPORTS (RULE 106).
As soon as practicable after September 1,1992,and no later than September 21,1992,tThe
administrator shall submit a report to the Governor or his designee,to the Idaho Public Utilities
Commission,to the Idaho State Council for the Deaf and Hard of Hearing,and to the Idaho State
Council on Developmental Disabilities describing the program that will be put in place under the
accepted RFP.The purpose of this report will be to allow the Governor or his designee to submit
a report to as necessary so that the Commission may file the necessary document with the
Federal Communications Commission on or beibre October 1,1992,requesting continued
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 TRS
provider.The administrator shall in succeeding years submit annual reports to the Commission
on or before September 1 reviewing the adequacy of the TRS,recommending necessary changes
to the program,recommending a budget for the following year,and otherwise addressing issues
concerning the TRS that should be brought to the public’s and this Commission’“_“
(7193)()
(BREAK N CONTINUITY OF SECTIONS)
202.THE COMMISSION’S DETERMINATION OF FUNDING LEVELS (RULE 202).
01.Issuance of Commission Order.On or before November 1,1992,the Commission
shall issue an order in response to the administrator’s contract with the IRS provider that will
establish flmding levels to be in effect for the initiation of TRS service.Before June 30,1993,the
Commission may issue an order or orders adjusting the initial nding levels as necessary in light
of experience with the initial months of service.Thereafter,oOn or before March 1 of each
succeeding 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 1
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.(7 1 93)()
02.Findings and Directives of the Order Prescribing Funding Levels.All orders
prescribing funding levels issued pursuant to Rule 202.01 shall contain the following:(7-1-93)
a.The Commission’s finding of the funding target for the IRS program for the twelve
(12)months beginning April 1 (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.(7-1-93)
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:(7-1-93)
a.Each telephone corporation providing local exchange service in Idaho shall file a
monthly report,due on or before the first 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,IDAPA
31.46.01.201.01.(7-1-93)
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.(7-1-93)
(BREAK IN CONTINUITY OF SECTIONS)
205.THE ADMINISTRATOR’S ANNUAL REPORT TO THE COMMISSION (RULE
205).
01.Report of Existing Financial Conditions.Beginning in 1994,oOn or before
February 1 5 of each year,the administrator shall ann-ual1y submit a report to the Commission
providing the following information:(7 1 93)()
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;(7-1-93)
b.Actual TRS fund balances at the end of the quarters ending in March,June,September
and December of the preceding calendar year;and (7-1-93)
c.The statewide line count for local service lines on January 1 of that year and January 1
of the previous year,and the total number of MTS/WATS minutes reported to the TRS
administrator for the year ending the previous December 31 and the year ending the December
31 before that.The TRS administrator’s initial annual report in 1991 shall include all the periods
from the permanent TRS administrator’s first receipt of any TRS funds,either from the
temporary administrator or from telephone corporations.In addition,the TRS administrator may
obtain from the USF administrator any information concerning calendar year 1992 that the TRS
administrator does not have.(7 1 93)()
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
am.to 5 p.m.,from 5 p.m.to 11 p.m.,from 11 p.m.to 8 a.m.),days of the week when calls are
made,and patterns 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.(7-1-93)
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.(7-1-93)
04.Review by Commission Staff.On or before March 1 the Commission Staff shall
review the calculations and recommendations of the administrator and call any errors or
omissions to the attention of the administrator and the Commission.(7-1-93)
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 61 services protected from disclosure
under applicable Trade Secret Law,are trade secrets exempt from disclosure under Section 74-
107,Idaho Code.(7-1-93)