Open Telecommunications Cases

Transcription

1 Open Telecommunications Cases 1 Attachment 25 (As of February 17, 2013) History of Pending Telecommunications Applications TAs (The first two numbers of each TA reflect the year the case is opened) Per the D.C. Code (d) the PSC must approve applications from local telecommunications providers before they can serve the District. The PSC has 15 business days either to issue a deficiency letter or order approving the filing. In FY12, the PSC issued 6 deficiency letters and 3 approval orders. In FY 13 to date, the PSC has issued 2 deficiency letters and 6 approval orders. No applications are pending. Await next filings. F.C. No. 892/TA Transfers of Control/Merger/Financing Filings (Opened January 23, 1990) Transfers of Control and Mergers D.C. Code governs transfer of control; 15 DCMR 2512 governs transfer of CLEC certification Requests to Abandon Service and/or Withdraw Certifications - 15 DCMR 2704 governs abandonment of certification; 15 DCMR 2705 governs abandonment of service; 15 DCMR 2706 governs abandonment of local exchange voice service Staff reviews applications for recertification, abandonment, transfers of control, and mergers on an individual basis. In FY 12, the PSC reviewed 29 filings and issued 15 orders. In FY 13 to date, the PSC reviewed 7 filings and issued 5 orders. Two applications have been received in FY13 to date. In one case, the PSC has issued an order requesting additional information. Issue 6 orders. Issue two orders. F.C. No. 962 Setting Rates for Verizon s Unbundled Network Elements (Opened October 9, 1996) Pursuant to 47 USC 251 and 252 and D.C. Code 2002(i), the PSC was required to establish None There has not been any activity since 2006, when the PSC tried to close this case by issuing

2 rates Verizon would charge Competitive Local Exchange Carriers (CLECs) that want to lease space in Verizon s network in order to provide service in the District of Columbia. 2 Order on October 12, 2006, requesting the parties advise the PSC if there were any outstanding matters that needed to be resolved. The parties cannot agree on any further resolution of the case so the stay in the case is continued. F.C. No. 988 D.C. Universal Trust Fund (DCUSTF) Support for Low-Income Discount and Telecommunications Relay Service for the Deaf and Hard-of-Hearing (Opened January 31, 2000) DCUSTF Budget NationsLine Requests for DCUSTF Reimbursement Verizon s Requests for DCUSTF Reimbursements 15 DCMR (b) requires the DCUSTF Administrator to submit a proposed budget for the next calendar year by 9/30 of each year. Pursuant to 15 DCMR , the proposed budget must be approved by the PSC by November 30 of each year after comments have been sought. Pursuant to 15 DCMR , the DCUSTF Administrator has 30 days to provide a recommendation to the PSC on the application for reimbursement. The PSC has 45 days from the date of receipt of the recommendation to issue an order on the application, pursuant to 15 DCMR Pursuant to 15 DCMR , the DCUSTF The PSC approved the 2012 DCUSTF budget in Order issued on 11/21/11. The PSC approved the 2013 DCUSTF budget in Order 17022, issued 12/21/12. The company ceased providing service in the District in However, it owes DC taxes, which must be subtracted before any reimbursements are made. DCUSTF Administrator s recommendation received 1/31/13. Verizon filed two requests on 12/20/12. Staff has prepared its review Await 2014 DCUSTF budget due in October Issue an order. Issue a second order.

3 DCUSTF Administrator s Quarterly Fund Performance Report Administrator has 30 days to provide a recommendation to the PSC on the application for reimbursement. The PSC has 45 days from the date of receipt of the recommendation to issue an order on the application, pursuant to 15 DCMR DCMR 2813 requires the DCUSTF Administrator to file a quarterly report regarding the DCUSTF. DCUSTF Annual Audit Pursuant to 15 DCMR , the DCUSTF auditor files this report on 7/15 of each year. DCUSTF Working Group and FY 2012 Lifeline Recertification Process The Working Group is composed of representatives from OPC, Verizon, DDOE, and the PSC. The PSC established a DCUSTF Working Group in Order 11916, issued on 2/13/01. The Working Group files reports pursuant to Orders 14362, issued 7/9/07, 16557, issued 9/29/11, and 16600, issued 11/3/11. The PSC approved the recertification (regrading) process in Order In addition, in Order 16557, the PSC required DDOE to file monthly reports (due the 15 th of each month) on the number of Utility Discount Program (UDP) applications and analysis of both filings. The PSC approved one request in Order issued on 2/15/13. The most recent report was filed on 1/18/13. Staff is preparing its recommendation. The most recent auditor s report was filed on 7/31/12. Staff reviewed the report and no action was required. Staff reviews each monthly report as it is filed and tracks the number of applications. DDOE filed a report on 1/17/12. On 2/3/12, the Working Group filed its report on the Lifeline recertification process; i.e., the regrading of customers. After approval in an open meeting, on 2/16/12, the PSC issued Order 16705, authorizing Verizon to re-grade 4,078 Lifeline customers from Economy II service to flat rate service because these customers were not recertified by DDOE to be eligible for the program. The re-grading was completed by 5/31/12. Continue monitoring through quarterly reports Await next report which is due in July Monitor the 2013 regrading process for UDP customers who have not renewed their application 3

4 DDOE s Processing of UDP Applications based on Monthly Reports Transfer of Lifeline Activities from DDOE to the Income Maintenance Administration (IMA) UDP Consumer Education Working Group established by the PSC in Order issued 7/8/11. Revised Chapter 28 to Change the Lifeline Eligibility Criteria to Conform with the RAD Eligibility Criteria Revised Chapter 28 to Exempt Small CLECs from Paying Small Assessments pursuant to Sept. 14, 2011, D.C. Law 19-21, 2083 processed. DDOE files monthly reports in response to Order 16557, issued on 9/20/11. DDOE files quarterly reports on the status of the transfer per Order issued on 10/21/10. Working Group meetings are ongoing. On 11/21/11, the PSC issued Order that required the Working Group to file a report containing a detailed budget and list of activities for the FY 2012 Consumer Education program by 2/21/12. For FY 13 and beyond, the order also directed the Working Group to file proposed projects and a budget by June 30 of each year and annual reports by December 31 of each year. DDOE filed its most recent report on 2/14/13. After requesting an extension, the UDP Education Working Group filed its annual report on 1/31/13. A Public Notice requesting comments was issued on 2/7/13. Comments are due 2/22/13; replies are due 3/8/13. The PSC issued Order on 10/12/12. NOFR appeared in the DC Register on 10/19/12. The PSC issued Order on 4/13/12. NOFR appeared in the Dc Register on 4/20/12. Continue monitoring Await the next report. Await comments. None at this time. None at this time. 4

5 Implemented FCC Lifeline Reform Order Telecommunications Relay Service (TRS) for the Deaf and Hard of Hearing called Captel for Captioned Telephone Service YMax Request for Eligible Telecommunications Carrier (ETC) status filed 12/20/12 The PSC filed annual reports to the FCC and holds annual meetings with an Advisory Board ETC status is required to provide lifeline service for lowincome residential consumers. 5 The PSC held a meeting with the Captel administrator on 12/20/12. The PSC is currently arranging the next annual board meeting. The FCC is currently reviewing the PSC s certification of TRS. Requested information was provided to the FCC on 2/4/13. On 21/17/13, the PSC issued Order 17044, requesting information from YMax. The company submitted its information on 2/1/13. Arrange next meeting of the TRS Advisory Board. Issue an order. F.C. No. 990 Telecommunications Wholesale and Retail Quality of Service Standards (Opened February 11, 2000) Wholesale Quality of Service Standards - Revisions to the wholesale quality of service standards, the Carrierto-Carrier Guidelines, are approved automatically unless a party objects, pursuant to Order 13639, issued on 7/14/05. The last revision was submitted on 2/22/11. The most recent version of the D.C. Performance Assurance Plan (PAP) was approved in Order 14199, issued 2/2/07. Quarterly Retail Quality of Service Reports are required The D.C. PAP requires Verizon to file a Performance Assurance Plan (PAP) and a Carrier-to- Carrier report on a monthly basis. These reports contain metrics to determine whether Verizon is favoring it own service over CLECs that lease space in its network. Thus, they are necessary to ensure competition at the wholesale level. Per Order 14036, issued 9/55/06, and codified in the Staff reviews each report to monitor Verizon s performance and to determine if any anti-competitive violations have occurred and hence penalties imposed. Staff maintains a database of the monthly performance measures and results. Staff tracks the performances of Verizon and the 4 CLECs in tables and Continue monitoring. Continue monitoring. Staff is preparing its quarterly advisory

6 pursuant to 15 DCMR DCMR at 15 DCMR 2720, telecommunications service providers with more than 10,000 lines are required to file quarterly reports on installation commitments met, out of service clearing time, and trouble reports per 100 lines. Currently, Verizon and 4 CLECs file quarterly reports due 1/30, 4/30, 7/30, and 10/30 of each year. Investigation of Verizon s Service Quality Per Order 15143, issued 12/18/08, the PSC requires Verizon to file quarterly status reports on the steps Verizon is taking to reduce the number of non-verizon contractor damages that the company claims are the source of many of its outages. In Order 15337, issued 7/24/09, the PSC requires Verizon to file a report that provides the status of each third party incident, also on a quarterly basis. graphs. The most recent reports were filed by 1/31/13. Staff is reviewing them. On 9/7/12, the PSC concluded its investigation of Verizon s service quality, but required the company to continue to file monitoring reports in compliance with its remedial plans and quality of service standards. On 1/30/13, Verizon filed its quarterly status report which Staff is reviewing. memorandum. Continue monitoring 6

7 Revised Chapter 27 - Waiver of the Outage Reporting Rules so reports will be filed only for outages that impact retail customers and revise section 2740 of Chapter 27 of the DCMR. - On 10/21/11, the PSC issued a NOPR in the D.C. Register (58 D.C. Reg ). Verizon and Comcast filed comments on 11/21/11. Reply comments were due 12/6/11. None was filed. Revised Chapter 27 re Confidentiality Provisions Per Order 15071, issued 9/26/08, the PSC approved a new Verizon Price Cap Plan. Increases in discretionary services are capped at 15% a year. The PSC does not set prices for competitive services. After approval in an open meeting, on 12/21/11, the PSC issued Order It extended the waiver of the Chapter 27 rules so Verizon would only file reports for outages that impact retail customers. The waiver was extended to 3/21/12. The outage reports are now filed in the SO- T- docket. 7 After approval in an open meeting, on 1/26/12, the PSC issued Order 16690, adopting the new rules. On 2/3/12, the NOFR appeared in the DC Register (59 D.C. Reg On 4/13/12, the PSC issued Order The NOFR appeared in the DC Register on 4/20/12. Completed Completed F.C. No Verizon s Regulatory Price Cap Plan (Opened April 27, 2007) Verizon files proposed changes to its discretionary and competitive services under the Price Cap Plan as tariff filings. Staff reviews each filing for compliance with the Price Cap Plan and advises the Commissioners if action is recommended. There are no pending filings at this time. Await new filings. F.C. No Investigation of the Reliability of Verizon s Infrastructure (Opened August 26, 2011) On 10/14/11, the PSC issued Order 16586, initiating an investigation. OPC and Verizon filed comments on 11/14/11 and they filed reply comments on 11/28/11. After approval at an open meeting, on 1/26/12, the PSC issued Order 16692, proposing issues and a procedural schedule for the proceeding. After the filing of testimony and briefs, in October 2012, the parties asked for a delay in the proceedings. Evidentiary hearings were held on 1/23-24/13. On Await responses and issue order re OPC motion.

8 8 1/31/13, the parties filed a joint motion to extend the time for responding to questions posed by the Commissioners during the hearing. The PSC granted the motion in Order issued on 2/4/13. On 1/2/13 OPC filed a motion to file exhibits electronically. F.C. No Investigation of the Continued Use of Verizon s Copper Network (Opened 1/17/13) Billing Error Notices Telecommunications Service Outage Reports Verizon s Promotions - On 1/17/13, the PSC initiated an investigation of the implications of Verizon s switch to a fiber optic network on the company s copper infrastructure after receiving citizen complaints. Staff is preparing data requests to Verizon. BE Billing Errors Telecommunications formerly filed in FC 1048 Telecommunications billing errors must be reported pursuant to 15 DCMR Issue data requests. Await new billing error notifications. SO Service Outage Reports - Telecommunications formerly filed in FC 990 Pursuant to 15 DCMR 2740, the PSC requires telecommunications service providers to file reports for each service outage. Staff reviews the reports as they are filed. Verizon has filed 16 initial reports and 13 final reports in FY13 to date. The company has also withdrawn 5 reports after further investigation. Continue monitoring Telephone Tariffs TT 06-6 Verizon s Promotions (Opened October 12, 2006) Per Order 15317, issued 6/29/09, Verizon is allowed to file its promotions on one-day notice. No filings are pending. In FY 12, Verizon filed 4 promotions. Await future filings.

9 Per Order issued on 12/20/00, Verizon files changes to its rights of way fee surcharge each year TT 00-5 Verizon s Rights of Way Fees (Opened May 1, 2000) Verizon files this report on an annual basis in August of each year. Verizon s filing in August 2012 had errors. The PSC is waiting the company s refiling. Await Verizon s refiling. TT 12-1 Verizon Notice of Revisions to its Construction Charges Tariff (Opened 4/17/12) Verizon filed the notice on 4/17/12. Pursuant to 47 USC 252 and 15 DCMR Chapter 26, the PSC reviews interconnection agreements when filed. The PSC has 90 days to act on each agreement. On 5/25/12, the PSC issued Order and a NOPR appeared in the DC Register on 6/1/12. Comments were due in July None was filed. On 8/2/12, the PSC issued Order The NOFR appeared in the DC Register on 8/10/12. Completed TIA - Telecommunications Interconnection Agreement (Opened April 28, 1999) No TIAs are currently pending before the PSC. In FY 12, the PSC approved 9 TIAs. No TIAs have been filed in FY 13 to date. None at this time. Await future filings. 9