PENNSYLVANIA



|PENNSYLVANIA

PUBLIC UTILITY COMMISSION

Harrisburg, PA. 17105-3265 | | |

| |Public Meeting held September 9, 2005 |

|Commissioners Present: | |

|Wendell F. Holland, Chairman | |

|James H. Cawley, Vice Chairman | |

|Bill Shane | |

|Kim Pizzingrilli | |

|Terrance J. Fitzpatrick | |

|SECTION 3015(F) REVIEW REGARDING |Docket No. M-00051900 |

|THE LIFELINE TRACKING REPORT, ACCIDENT REPORT AND | |

|SERVICE OUTAGE REPORT | |

TENTATIVE ORDER

BY THE COMMISSION:

On September 9, 2005, the Commission adopted, at Docket No. M-00041857, the final implementation order regarding filing and reporting requirements for Local Exchange Carriers (LECs) in compliance with the new Chapter 30.[1] In that order, the Commission directed that further review of certain reporting requirements be conducted in accordance with section 3015(f)(1) of Chapter 30[2] to determine whether the Lifeline tracking reports and the accident and service outage reports can be required. In accordance with that directive, the Commission hereby requests comments regarding the Lifeline tracking reports and the accident and service outage reports to determine whether these reporting requirements meet the exception standard set forth in section 3015(f)(1) of Chapter 30.

Background

In December 2004, the Legislature enacted Act 183[3] which substantially amends the Public Utility Code relating to alternative forms of regulation for LECs and, in particular, contains provisions designed to reduce the present level of annual, quarterly and other periodic reporting requirements for LECs. Act 183 or Chapter 30 provides that the general filing and reporting requirements for LECs are limited to the nine reports specified in the statute, and are to be “submitted in the form determined by the Commission.” 66 Pa. C.S. §3015(e).

Section 3015(e) provides that the Commission’s filing and audit requirements for a LEC that is operating under an amended network modernization plan are limited to the following: (1) Network modernization reports filed pursuant to Section 3014(f); (2) An annual financial report consisting of a balance sheet and income statement; (3) An annual deaf, speech-impaired and hearing-impaired relay information report; (4) An annual service report; (5) Universal service reports; (6) An annual access line report; (7) An annual statement of gross intrastate operating revenues for purposes of calculating assessments for regulatory expenses; (8) An annual state tax adjustment computation for years in which a tax change has occurred, if applicable; and (9) for those companies with a bona fide retail request program, a bona fide retail request report under Section 3014(c)(9).

In addition, Chapter 30 permits the Commission to require other reports, provided that, after notice and opportunity to be heard, the Commission first finds that the additional report is necessary to ensure compliance with the Act and that the benefits of the report will substantially outweigh the costs to prepare it. 66 Pa. C.S. §3015(f)(1). Finally, the Act allows that these provisions shall not be construed to limit the Commission’s ability to seek further information “to support the accuracy of or to seek an explanation of the reports specified in subsection (e).” 66 Pa. C.S. §3015(f)(2). Further, section 3019 retains certain powers for the Commission to review and revise its quality of service standards and establish customer protection requirements.[4]

On April 15, 2005, in accordance with the newly-enacted Chapter 30, the Commission entered a Tentative Implementation Order[5] directing the continuation, consolidation, and/or elimination of the general filing and reporting requirements presently imposed on LECs operating in Pennsylvania. In its Tentative Order, the Commission sought comments on its initial determinations to maintain, streamline or eliminate certain LEC reports. Upon review of Chapter 30 and the submitted comments, the Commission adopted a Final Implementation Order[6] on September 9, 2005 determining which LEC reporting requirements should be maintained, streamlined or eliminated in accordance with Chapter 30.

In the Final Implementation Order, the Commission found that the Lifeline tracking reports and the accident and service outage reports are not within the scope of reports listed in section 3015(e). In that Order, however, we directed that a new proceeding be opened to address the issue of whether these reports can meet the exception standard in section 3015(f)(1). If so, then the Commission could determine to require these reports on a permanent basis.

Discussion

Section 3015(f)(1) of Chapter 30 provides that “no report, statement, filing or other document or information shall be required of any LEC unless the Commission, upon notice to the affected LEC and an opportunity to be heard, has made written findings supporting conclusions in an entered order that:

(i) The report is necessary to ensure that the LEC is charging rates that are in compliance with the chapter and its effective alternative form of regulation.

(ii) The benefits of the report substantially outweigh the attendant expense and administrative time and effort required by the LEC to prepare it.[7]

In the Commission’s judgment, both the record in Docket No. M-00041857 and the Lifeline statutory provisions in Chapter 30 have highlighted the importance of the Lifeline program.[8] As explained in the Commission’s September 9, 2005 Final Implementation Order, the Office of Consumer Advocate (OCA) indicated that the Lifeline tracking report data is essential for the regulatory process, in order to gauge past successes and determine the need for changes going forward.[9] Also, in that same docket, the Commission’s Bureau of Consumer Services (BCS) noted that this report is the only report available for tracking and monitoring telephone universal service programs in Pennsylvania.[10] Further, we note that six new sections of Chapter 30 address Lifeline service to ensure broader customer notice about the program. Since the Lifeline tracking report is the only currently provided report that allows the Commission to monitor Lifeline programs in Pennsylvania and Chapter 30 seeks to broaden Lifeline enrollment, it appears that the benefits of this report may outweigh the attendant costs.

Similarly, the information contained in the accident reports and service outage reports, filed on a per incident basis, is important to the Commission’s duty to ensure reasonable, adequate and reliable utility service for the benefit of consumers in accordance with section 1501 of Title 66 and our regulations at sections 63.11 and 67.1.[11] The Commission receives this information from every public utility, including telephone companies, and the information is vital in an emergency situation to allow the Commission to respond effectively. Since obtaining timely and current information regarding serious service outages and accidents relates directly to our ability and statutory duty to monitor the quality of service provided by LECs, it appears that the benefits of this report may outweigh the attendant costs.[12]

However, before we make any final determination on whether these reports can be required on a permanent basis, we shall, by this order, provide notice to the affected LECs and provide an opportunity to be heard. Accordingly, we shall seek written comments from LECs and other interested parties on whether the Lifeline tracking reports and the accident and service outage reports meet the exception standards set forth in section 3015(f)(1). This will provide a basis for the specific written findings necessary to support our final determination on whether the above-mentioned reports should be required.

As an initial matter, the Commission observes that the language in regard to the exception standard in section 3015(f)(1) is ambiguous in that the statute does not use the word “and” between the standard described in subparagraph (i) pertaining to rate issues and subparagraph (ii) pertaining to cost/benefit issues. As such, the Commission seeks comment on whether both described standards must be met, or whether satisfaction of either one would allow for the report to be required pursuant to section 3015(f)(1).

In regard to the Lifeline tracking report, we are seeking comment concerning whether this report is necessary for the Commission to ensure that the rates charged by LECs are in compliance with Chapter 30 and are in accordance with the LECs’ current alternative forms of regulation. In particular, given that Lifeline is a discounted rate for local telephone service, is there is a relationship between rates that are in compliance with the goals of Chapter 30, as expressed in section 3019(f), and the actual availability of discounted Lifeline rates for local telephone service?

In regard to the accident and service outage reports, we are seeking comment concerning whether these reports are necessary for the Commission to ensure that the rates charged by LECs are in compliance with Chapter 30 and are in accordance with the LECs’ current alternative forms of regulation. In particular, given that Chapter 30 requires that all rates shall be just and reasonable at 66 Pa. C.S. §3015(g), is there a relationship between whether rates are just and reasonable and the frequency, duration and extent of service outages? Similarly, is there a relationship between the level of rates charged and the frequency and severity of accidents?

In regard to the Lifeline tracking reports and the accident and service outage reports, we request that the comments address the expense and administrative time and effort involved in the preparation of the individual reports and the benefits of the report in relation to the Commission’s duties under Title 66. In addition, we seek comments on the frequency of the accident and service outage reports filed by individual LECs in prior years. Finally, we request comment on whether the above-mentioned reports, if made permanent reporting requirements, can be streamlined and submitted to the Commission in an electronic format.[13] In submitting comments regarding these issues, the comments may be supported by affidavits.

Accordingly, in order to fulfill our statutory obligations set forth in section 3015(f)(1) and Title 66, in general, the Commission requests comments to determine whether the Lifeline tracking reports and the accident and service outage reports can be required and, if so, whether the reports can be streamlined and filed electronically; THEREFORE:

IT IS ORDERED:

1. That comments are to be submitted addressing the issues as discussed herein within 20 days of the entry date of the order.

2. That a copy of this order be served on all incumbent and competitive local exchange telecommunications carriers, the Office of Consumer Advocate, the Office of Small Business Advocate, and the Pennsylvania Telephone Association.

BY THE COMMISSION

James J. McNulty

Secretary

(SEAL)

ORDER ADOPTED: September 9, 2005

ORDER ENTERED: October 5, 2005

Attachment A

|[pic] | | |

| |COMMONWEALTH OF PENNSYLVANIA | |

| |PENNSYLVANIA PUBLIC UTILITY COMMISSION | |

| |P.O. BOX 3265, HARRISBURG, PA 17105-3265 | |

| | | |

| | | |

| | |IN REPLY PLEASE REFER|

| | |TO OUR FILE |

February 21, 2003

P-00991648

P-00991649

Re: Annual Lifeline Tracking Reports

To: Verizon Pennsylvania Inc.

Verizon North Inc.

By Order approved at Public Meeting of February 20, 2003, at the above- referenced dockets, the Commission approved a new reporting format for Verizon Annual Lifeline Tracking Reports. The new format for Verizon PA includes the status of Lifeline, Lifeline 150, Link Up, and expanded reporting on the Universal Telephone Assistance Program. The format for Verizon North report includes the status of Lifeline, Lifeline 150, and the Link Up programs. The Verizon companies should comply with the format outlined in the new report format.

The 2002 Annual Lifeline Tracking Reports will be due on or before June 30, 2003. Thereafter, all future Annual Lifeline Tracking Reports will be due on or before June 30th of the following year.

The Council for Utility Choice has agreed to provide local service providers with the socio-economic demographic information regarding the counties in your service area. The Commission will notify your company as to how to access this demographic data via our website.

If you have questions please contact Lenora Best at (717) 783-9090 or by e-mail at lebest@state.pa.us.

Sincerely,

James J. McNulty

Secretary

Attachment

Attachment A

Verizon PA & Verizon North

Lifeline Service Tracking Report – 2002

| |Enrollment |Lifeline |Total Lifeline |Lifeline |Year End |

| |Year End |2002 |Activity |Disconnections |2002 |

| |12/31/01 |Enrollment |2002 | |Enrollment |

| | | | | |As of 12/31/02 |

|Lifeline Service Customers | | | | | |

Lifeline Service Enrollment- 2002

|New Lifeline Customers | |

|Existing Customers Converting to Lifeline | |

|Total | |

Lifeline Service Disconnections –2002

|Nonpayment Disconnects | |

|Customer Requested Disconnects | |

|Total | |

Verizon PA & Verizon North

Lifeline 150 Service Tracking Report – 2002

| |Enrollment |Lifeline 150 |Total Lifeline 150 |Lifeline 150 |Year End |

| |Year End |2002 |Activity |Disconnections |2002 |

| |12/31/01 |Enrollment |2002 | |Enrollment |

| | | | | |As of 12/31/02 |

|Lifeline 150 Service Customers | | | | | |

Lifeline 150 Service Enrollment- 2002

|New Lifeline 150 Customers | |

|Existing Customers Converting to Lifeline 150 | |

|Total | |

Lifeline 150 Service Disconnections –2002

|Nonpayment Disconnects | |

|Customer Requested Disconnects | |

|Total | |

Verizon PA & Verizon North

Link Up Service Tracking Report – 2002

| | |

|Type of Link Up Installations |Link Up Installations 2002 |

|Lifeline | |

|Lifeline 150 | |

|Link Up Only | |

|Total Link Up Installations | |

Method of Certifications -2002

|Total Applicants | |

|Total 2002 Manual Certifications | |

Verizon – Pennsylvania, Inc.

Universal Telephone Assistance Program (UTAP) Report:

UTAP Funding

Period February 1996 – December 2002

|Source |Cumulative | |

| |1996-2001 |2002 |

|Customer/Employee Contributions | | |

|Company Contributions | | |

|Total Contributions | | |

|Total Funds Available | | |

Status of UTAP Requests in 2002

|Number of Customers Requesting Assistance | |

|Status of Requester: | |

|With Phone Service | |

|Without Phone Service | |

|Number of Reconnected due to UTAP Grant | |

UTAP Assistance Requested and Granted in 2002

|Assistance Amount Requested by Applicant: | |

|$0 to $100 | |

|$101 to $200 | |

|$201 to $300 | |

|Assistance Amount Granted: | |

|$0 to $100 | |

|$101 to $200 | |

|$201 to $300 | |

|Average Assistance Amount per Customer | |

|Total Assistance Paid | |

|Balance Available to Carry Forward | |

Verizon PA & Verizon North

Telephone Penetration Statistics

Service Territory by Counties Served

|County Name |Percent of Households with Telephone Service |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

Attachment B

|[pic] | | |

| | | |

| |COMMONWEALTH OF PENNSYLVANIA | |

| |PENNSYLVANIA PUBLIC UTILITY COMMISSION | |

| |P.O. BOX 3265, HARRISBURG, PA 17105-3265 | |

| | | |

| | |IN REPLY PLEASE REFER|

| | |TO OUR FILE |

February 21, 2003

P-00991648

P-00991649

Re: Annual Lifeline Tracking Reports

To: All Jurisdictional Non-Verizon Local Exchange Carriers

By Order approved at Public Meeting of February 20, 2003, at the above- referenced dockets, the Commission approved the new reporting format for Annual Lifeline Tracking Reports. The new format includes the status of Lifeline 150, and the Link Up programs. Your company’s Annual Lifeline Tracking Report for 2002 should comply with the format outlined in the new report format.

The 2002 Annual Lifeline Tracking Reports will be due on or before June 30, 2003. Thereafter, all future Annual Lifeline Tracking Reports will be due on or before June 30th of each following year.

The Council for Utility Choice has agreed to provide local service providers with the socio-economic demographic information regarding the counties in your service area. The Commission will notify your company as to how to access this demographic data via our website.

If you have questions please contact Lenora Best at (717) 783-9090 or by e-mail at lebest@state.pa.us.

Sincerely,

James J. McNulty

Secretary

Attachment

Attachment B

Non-Verizon Companies

Lifeline 150 Service Tracking Report – 2002

| |Enrollment |Lifeline 150 |Total |Lifeline 150 |Year End |

| |Year End |2002 |Lifeline 150 |Disconnections |2002 |

| |12/31/01 |Enrollment |Activity | |Enrollment |

| | | |2002 | |As of |

| | | | | |12/31/02 |

|Lifeline 150 Service Customers | | | | | |

Lifeline 150 Service Enrollment-2002

|New Lifeline 150 Customers | |

|Existing Customers Converting to Lifeline 150 | |

|Total | |

Lifeline 150 Service Disconnections Customers-2002

|Nonpayment Disconnects | |

|Customer Requested Disconnects | |

|Total | |

Non-Verizon Companies

Link Up Service Tracking Report – 2002

| | |

|Type of Link Up Installations |Link Up Installations 2002 |

|Lifeline 150 | |

|Link Up Only | |

|Total Link Up Installations | |

Non-Verizon Companies

Telephone Penetration Statistics

Service Territory by Counties Served

|County Name |Percent of Households with Telephone Service |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

REPORT OF OUTAGE TO

PENNSYLVANIA PUBLIC UTILITY COMMISSION

SECRETARY’S BUREAU

P O BOX 3265

HARRISBURG, PA 17105-3265

Phone-In Reports: During normal business hours (717) 787-6381

After hours pager number (717) 773-7377

Written Reports require an original and one copy to be filed with the Secretary’s Bureau.

Information Required:

1. Reporting Utility:

Address:

2. Name and title of person making report:

(Name) (Title)

3. Telephone number:

(Telephone Number)

4. Date and time report was made to Commission:

___________________________

(Date) (Time)

5. Interruption or Outage:

(a) Number of customers affected:

(b) Number of troubled locations in each geographic area affected by county and local political subdivision:

(c) Reason for interruption or outage: _________________________________

_____________________________________________________________

(d) Projected time of restoration:

e) The number of utility workers and others assigned specifically to the repair

work: _______________________________________________________

f) The date and time of the first information of a service interruption:________

_____________________________________________________________

g) The date and time that repair crews were assembled: __________________

_____________________________________________________________

h) The date and time that the supervisor made the first call: _______________

_____________________________________________________________

i) The approximate time that repair work was started: ___________________

_____________________________________________________________

j) The actual time that service was restored to the last affected customer: ____

_____________________________________________________________

Remarks:

_____________________________________________________________

_____________________________________________________________

Form UCTA-8

Pennsylvania PUBLIC UTILITY Commission

accident report form

"D"

TO: James J. McNulty, secretary

Room B-20, North Office Building

P. O. Box 3265

Harrisburg, PA 17105-3265

___________________________________________________________Utility Company

Date of Accident ___________________________ Date of Report ___________________________

Location Where Accident Occurred _______________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

F A T A L I T Y / OCCURANCE OF AN UNUSUAL NATURE

(These events require immediate telephone notification to the PUC’s emergency pagers @ 717-773-7377 or717-773-7378) ______________________________________________________________________________

(Name) (Age) (Residence) (Emp., Tres., Other, patron or Consumer)

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

I N J U R E D

______________________________________________________________________________

(Name) (Age) (Residence) (Emp., Tres., Other, patron or Consumer)

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

CAUSES OF AND CIRCUMSTANCES ATTENDING ACCIDENT

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

____________________________________________________________________________________

(SIGNED) _____________________________ ____________________

(Name) ( Title of Reporting Officer)

(Telephone Number)_________________________________________________________

NOTE: Classify fatalities or injured persons as EMPLOYEE, TRESPASSER, OTHER, PATRON or CONSUMER.

cc: Bureau of Fixed Utility Services

(Attach additional 8½ x 11 paper if needed.)

-----------------------

[1] 66 Pa. C.S. §§3011-3019.

[2] 66 Pa. C.S. §3015(f)(1).

[3] 66 Pa.C.S. §§3011-3019.

[4] 66 Pa. C.S. §§3019(b)(2) and (3).

[5] PUC Filing and Reporting Requirements on Local Exchange Carriers, Docket No. M-00041857 (Order entered April 15, 2005).

[6] PUC Filing and Reporting Requirements on Local Exchange Carriers, Docket No. M-00041857 (Order adopted September 9, 2005).

[7] 66 Pa. C.S. §3015(f)(1).

[8] 66 Pa. C. S. §3019(f).

[9] PUC Filing and Reporting Requirements on Local Exchange Carriers, Docket No. M-00041857 (Order adopted September 9, 2005).

[10] Id.

[11] 52 Pa. Code §§63.11 and 67.1.

[12] We note here that the per incident accident report is a 1-page form and that the service outage report is a 2-page form, both available on the Commission’s website. In years that no accidents or serious service outages occur, no report would be required.

[13] For ease of reference, copies of the current format for these reports are attached to this tentative order.

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