DATE:	August 6, 2009
TO:	Office of Commission Clerk (Cole)
FROM:	Office of the General Counsel (Cowdery, Miller, Cibula) Division of Regulatory Compliance (Mailhot, Salak, Kennedy) Division of Economic Regulation (Hewitt) Division of Service, Safety & Consumer Assistance (Moses)
RE:	Docket No. 080641-TP – Initiation of rulemaking to amend and repeal rules in Chapters 25-4 and 25-9, F.A.C., pertaining to telecommunications.
AGENDA:	08/18/09 – Regular Agenda – Rule Adoption – Participation is Limited to Commissioners and Staff
COMMISSIONERS ASSIGNED:			All Commissioners
PREHEARING OFFICER:			Skop
RULE STATUS:			Adoption should not be deferred. F.A.W. notice issued indicating Commission would consider the written comments at August 18 agenda conference
SPECIAL INSTRUCTIONS:			None
FILE NAME AND LOCATION:			S:\PSC\GCL\WP\080641.RCM.DOC

 

 Case Background

The Commission published Notices of Rulemaking in the January 23, 2009 edition of the Florida Administrative Weekly, indicating its intent to amend Rules 25-4.002, 25-4.0185, 25-4.023, 25-4.066, 25-4.070, 25-4.071, 25-4.073, 25-4.074, 25-4.083, 25-4.107, 25-4.109, and 25-4.110, and repeal Rules 25-4.046, 25-4.067, and 25-4.108, Florida Administrative Code (F.A.C.).  These rules may be generally characterized as telecommunications service quality rules.  The purpose of the rules in Chapter 25-4 is to define reasonable service standards that will promote the furnishing of adequate and satisfactory local and long distance service to the public and establish the rights and responsibilities of both the utility and customers.[1]

The notices required that any comments or requests for hearing on the proposed rules be filed with the Office of Commission Clerk by February 13, 2009.  The Commission did not receive any requests for hearing on the proposed rules.  However, Verizon Florida LLC, BellSouth Telecommunications, Inc. d/b/a AT&T Florida, Embarq Florida Inc., Quincy Telephone Company d/b/a TDS Telecom, and Windstream Florida, Inc. (together referred to herein as the Joint Petitioners) timely filed comments on the following proposed rules:  Rule 25-4.066, Availability of Service; Rule 25-4.070, Customer Trouble Reports; Rule 25-4.073, Answering Time; and Rule 25-4.110, Customer Billing for Local Exchange Telecommunications Companies.  The Communications Workers of America (CWA) submitted comments on proposed Rule 25-4.070, Customer Trouble Reports.  The Florida Cable Telecommunications Association, Inc., (FCTA) timely filed comments on proposed Rule 25-4.083, Preferred Carrier Freeze.  No comments were filed concerning the remaining proposed rules.[2]

 On July 1, 2009, Committee Substitute (CS) for CS for Senate Bill 2626, the “Consumer Choice and Protection Act,” now Chapter 2009-226, Laws of Fla., became effective.  This law amended certain sections of Chapter 364, F.S., as addressed in this staff recommendation.  Interested persons were given the opportunity to file supplemental comments to address the new law’s impact on the Commission’s proposed rules.   Written comments were required to be received by the Office of the Commission Clerk by July 13, 2009.  Written comments were timely filed by Joint Petitioners concerning proposed Rules 25-4.0185, 25-4.066, 25-4.070, 25-4.073, and 25-4.110, and by FCTA concerning Rule 25-4.083. 

This recommendation addresses whether the Commission should make changes to proposed Rules 25-4.0185, 25-4.066, 25-4.070, 25-4.073, 25-4.110, and 25-4.083, F.A.C., based on the comments submitted by the Joint Petitioners, FCTA, and CWA.[3]  The Commission has jurisdiction pursuant to Section 120.54 and Chapter 364, F.S.

Discussion of Issues

Issue 1: 

 Should the Commission adopt changes to proposed Rules 25-4.0185, Periodic Reports, 25-4.066, Availability of Residential Service, 25-4.070, Customer Trouble Reports for Residential Service, and 25-4.073, Answering Time for Residential Service, and 25-4.110, Customer Billing for Local Exchange Telecommunications Companies, F.A.C., based on comments filed by Joint Petitioners and by CWA?

Recommendation:  The Commission should adopt some, but not all, of Joint Petitioners’ suggested changes to proposed Rules 25-4.0185, 25-4.066, 25-4.070, 25-4.073, and 25-4.110, as set forth in Attachment A.

  The Commission should not adopt CWA’s suggested changes to proposed Rule 25-4.070.  (Cowdery, Miller, Salak, Mailhot, Moses)

Staff Analysis: 

            In their comments, Joint Petitioners suggest that the Commission make changes to proposed Rules 25-4.0185, 25-4.066, 25-4.070, 25-4.073, and 25-4.110, F.A.C., prior to filing the rules for adoption.  Joint Petitioners note that Chapter 2009-226 modified Section 364.02(1), F.S., to limit the definition of “basic local telecommunications service” to “voice-grade, single-line, flat-rate residential local exchange service.”  In addition, they state that Section 364.15, F.S., was modified to limit the scope of the Commission’s authority under that section to “basic local telecommunications service.”  Joint Petitioners assert that the legislative changes to these sections eliminate the Commission’s authority to impose service quality rules on services other than basic local telecommunications service.  They submit that because of these statutory amendments, the Commission should modify proposed Rules 25-4.0185, 25-4.066, 25-4.070, and 25-4.073 to reflect the limitation of the Commission’s authority over service quality to basic local telecommunications service.  Joint Petitioners conclude that applying these service quality rules to basic service only will provide a safety net to basic local telecommunications service customers while allowing the incumbent local exchange companies (ILECs) the flexibility needed to compete in Florida’s current telecommunications market. 

 

            Staff notes that Chapter 2009-226, Laws of Fla., amended Chapter 364, F.S., such that the definition of “basic local telecommunications service” no longer includes flat-rate single-line business service, and the definition of “nonbasic service” was amended to state that any combination of basic service along with a nonbasic service or an unregulated service is nonbasic service.[4]  Additionally, Section 364.051(5)(b), F.S., was amended to delete the language stating that the commission has continuing regulatory oversight of nonbasic services for purposes of ensuring resolution of service complaints.

 

            Staff recommends that the Commission adopt Joint Petitioners’ suggestion to amend proposed Rules 25-4.066, 25-4.070, and 25-4.073 to apply to basic residential service only, which is consistent with the statutory changes.[5]  In addition, proposed Rule 25-4.0185 should be amended to state that Schedules 2, 3, 11, and 15 of Form PSC/CMP 28[6] shall apply to basic residential service only.

 

            Below is a summary of Joint Petitioners’ suggested changes to the individual proposed rules, as well as staff’s recommendation on the suggested changes.

 

Rule 25-4.0185, Periodic Reports and Form PSC/SSC 28

 

            Rule 25-4.0185 (p. 20) requires local exchange telecommunications companies (LECs) to file certain engineering data requirements pursuant to schedules contained in Commission Form PSC/CMP 28 (p. 43), incorporated into the rule by reference.  Commission Form PSC/CMP 28 requires the filing of schedules 2, 3, 8, 11, 15, 16, and 19.[7]  The Commission proposed amending Rule 25-4.0185 to specify that schedules 2 and 3, filed pursuant to Rule 25-4.066, schedule 11, filed pursuant to Rule 25-4.073, and schedule 15, filed pursuant to Rule 25-4.073, shall apply to residential service only, consistent with the same proposed amendments to Rules 25-4.066, 25-4.070, and 25-4.073.  The Commission also proposed amending schedules 2, 11, and 15 to reflect other corresponding proposed rule amendments.  Schedule 8 was amended to clarify that reporting is required on a quarterly basis, consistent with Rule 25-4.0185.  The Commission proposed amending Rule 25-4.0185 to delete the requirement of reporting schedules 16 and 19. 

 

            Joint Petitioners suggest changes to clarify the applicability of the proposed rule to basic local telecommunications service.  They suggest that in subsection (2) of the rule, schedules 2 and 3 of Form PSC/CMP 28 should be deleted to reflect Joint Petitioners’ suggested repeal of Rule 25-4.066.

 

            Staff recommends that subsection (2) of proposed Rule 25-4.0185 be changed to state that schedules 2, 3, 11, and 15 of the Form PSC/CMP 28 shall apply to basic local telecommunications service only, consistent with the changes recommended by staff to proposed Rules 25-4.066, 25-4.070, and 25-4.073, as discussed below.  In addition, staff recommends that  Form PSC/CMP 28 be changed so that schedule 2 refers to basic local telecommunications service, instead of to the outdated and undefined term “primary.”[8]  Staff does not recommend that schedules 2 and 3 of Form PSC/CMP 28 be deleted, consistent with staff’s recommendation that Rule 25-4.066 should not be repealed.

 

            Joint Petitioners suggest in their supplemental comments to proposed Rule 25-4.0185, Periodic Reports, that a new subsection be added to 25-4.0185 which would provide that, where a company is not yet able to isolate and specifically provide basic local telecommunications service data, aggregate data may be submitted, however, any differences between the data submitted and that required by the rule will be identified.  They also suggest that Rule 25-4.0185 state that upon request by the Commission, the LEC will provide any additional information required to determine compliance with Rule 25-4.070(3).  Joint Petitioners assert that this change provides a mechanism for compliance with the rule until a company can transition its systems to identify and collect only reportable data.

 

            Staff agrees with the concept suggested by Joint Petitioners.  In order to give utilities time to adjust data reporting system to report only data concerning basic telecommunications service, staff recommends that a new subsection should be added to proposed Rule 25-4.0185 which states that each LEC shall begin recording data concerning solely basic telecommunications service for reporting on Schedules 2, 3, 11 and 15 no later than January 1, 2010.  Staff believes that this is a reasonable amount of time for a company to put in place a system for collecting basic local telecommunications service data.  It is important that Form PSC/CMP 28 specifically report data for basic local telecommunications service as required by rule in order for the Commission to properly enforce the requirements of Rules 25-4.066, 25-4.070 and 25-4.073.

 

Rule 25-4.066, Availability of Service

 

            The Commission’s proposed Rule 25-4.066 (p. 20) pertains to telecommunications companies having sufficient facilities to provide service.  The proposed rule clarifies that it applies to residential service only, and not to commercial or business service.  Rule 25-4.066 requires that, where central office and outside plant facilities are readily available, at least 90 percent of all requests for primary service shall be installed within an interval of three working days after receipt of application when all tariff requirements relating thereto have been complied with, except in certain instances including where broadband or video services are requested in addition to the telecommunications service.  The proposed rule contains specific requirements that the company must follow in order to notify a service applicant about installation delay and circumstances and conditions under which service will be provided.  The rule requires each company to report primary residential installation performance pursuant to Rule 25-4.0185, Periodic Reports.

 

            The Joint Petitioners argue that this rule should be deleted in its entirety.  They question the Commission’s authority to set the standards in this rule in light of the sunsetting of Carrier-of-Last Resort (COLR) obligations in Section 364.025(2), F.S.  Joint Petitioners’ assert that there is no longer a statutory obligation for an ILEC to provide service to any specific person and, thus, there is no logical basis upon which to impose rules governing the availability of service.  They assert that such matters should now be governed by each company’s service tariffs or schedules.  Joint Petitioners state that to the extent that the Commission determines to retain this rule, it should be limited to basic local telecommunications service.  As previously stated in this recommendation, staff recommends changing this rule to apply to basic local telecommunications service only.  For this reason, staff recommends changing the title of the proposed rule from “Availability of Residential Service” to “Availability of Basic Local Telecommunications Service,” changing proposed subsection (1) from referencing “residential local telecommunications service” to “basic local telecommunications service,” changing proposed subsection (2) from referencing “primary service” to “basic local telecommunications service,” and changing proposed subsection (5) from referencing “basic residential” to “basic local telecommunications.”

 

            Joint Petitioners also suggest that the proposed rule should be changed to increase the installation interval from three to five days.  In support, they state that “this will provide flexibility to ILECs to more efficiently schedule and deploy technicians, which will save money and allow the ILECs to compete more effectively with alternative providers who are not subject to this rule.” 

 

            The proposed rule requires that, where central office and outside plant facilities are readily available, at least 90 percent of all requests for primary service shall be installed within an interval of three working days after receipt of application when all tariff requirements relating thereto have been complied with, except where broadband or video services are requested in addition to the telecommunications service.  Staff recommends deleting the proposed rule language “or when broadband or video services are requested in addition to the telecommunications service.”  This language is no longer necessary because limitation of this rule to basic services by definition does not include bundled services.

 

            Staff does not believe that the sunsetting of ILECs’ COLR obligations as set forth in Section 364.025(2), F.S., eliminates the Commission’s authority to have equipment and facilities, installation, and reporting requirements and standards as set forth in Rule 25-4.066.  Section 364.01(4)(a) states that the Commission shall exercise its exclusive jurisdiction in order to protect the public health, safety, and welfare by ensuring that basic local telecommunications services are available to all consumers in the state at reasonable and affordable prices.  Section 364.01(2) specifies that the Legislature finds that the transition from the monopoly provision of local exchange service to the competitive provision thereof will require appropriate regulatory oversight to protect consumers.  In addition, Rule 25-4.066 implements Section 364.15, F.S., Compelling Repairs, Improvements, Changes, Additions, or Extensions, which requires the Commission to make and serve an order directing that such actions be made as the Commission determines reasonably ought to be made, in order to secure adequate service or facilities for basic local telecommunications services.  In implementing Section 364.15, F.S., Rule 25-4.066 sets parameters that ILECs are required to meet in providing basic local telecommunications service.  Setting such standards by rule ensures uniform enforcement of the Commission’s regulatory responsibilities exercised under Section 364.15, F.S. 

 

            Staff does not recommend that the Commission change Rule 25-4.066 to increase the installation interval from three to five days.  The Commission’s policy decision to continue to require a three-day installation interval was based on the input it received in this rulemaking proceeding.  Maintaining a three-day installation time while decreasing applicability and reporting requirements of the rule was a reasonable balance of the Commission’s Section 364.01 responsibilities of encouraging the development of competition and considering customer protection.

 

            The Chapter 2009-226, Laws of Fla., amendments to Chapter 364, F.S., deleted references to tariffs, instead referring to rate schedules.[9]  For this reason, staff recommends that the word “schedules” be substituted in place of “filed tariff” in subsection (1) of Rule 25-4.066, and that the word “schedule” be used in place of “tariff” in subsection (2) of the rule. 

 

Rule 25-4.070 Customer Trouble Reports for Residential Service

 

            Proposed Rule 25-4.070 (p. 22) pertains to trouble reports[10] for residential service.  The rule establishes requirements for telecommunications companies when service needs to be restored, identifies circumstances under which a customer must be given a refund or adjustment, and requires reports to be filed with the Commission.  The Commission proposed that Rule 25-4.070 be amended to properly characterize the service restoration requirements as “service standards” instead of “service objectives.”  Proposed Rule 25-4.070 contains service standards for “service interruption” and “service affecting” trouble conditions.  The rule provides that the restoration of interrupted service and service affecting trouble conditions shall be scheduled to ensure clearance of at least 90 percent of these conditions within the time frames required by rule. Provisions regarding repeat trouble conditions were deleted.

 

            As addressed previously, Joint Petitioners believe proposed Rule 25-4.070 should apply to basic residential customer service only.  For the reasons previously set forth in this recommendation, staff  agrees and recommends that this change be made to the title of proposed Rule 25-4.070 and to subsections (1) and (8). 

 

            Joint Petitioners also suggest that subsections (2), (3), (4) and (6) of the proposed rule be changed to provide for service objectives rather than a stricter requirement of service standards.  They state that the Commission should be moving toward less regulation as competition intensifies and ILECs continue to lose lines to unregulated providers. 

 

            Staff does not believe that proposed Rule 25-4.070 should be changed to adopt Joint Petitioners’ suggestions concerning service standards.  Staff believes that the question before the Commission in reviewing these rules is not solely whether or not certain rule provisions are needed because competition exists in the telecommunications market, but whether a statutory responsibility of the Commission is being implemented by a particular rule, and whether the rule is necessary for the proper implementation of that statute.  Rule 25-4.070 implements Section 364.15, F.S., by providing specific requirements regarding restoration of interrupted service, repairs on Sundays and holidays, and service interruptions that affect the public health and safety. Staff believes that the proposed rule is important and necessary to implement Section 364.15, F.S.  Setting such requirements by rule ensures uniform enforcement of the exercise of the Commission’s regulatory responsibilities under Section 364.15, F.S.  Moreover, rulemaking is not a matter of agency discretion, and Section 120.54(1)(a), F.S., requires that each agency statement defined as a rule by Section 120.52, F.S.,[11] must be adopted as a rule.

 

            Staff does not recommend that Rule 25-4.070 be changed to provide for service objectives[12] instead of service standards.[13]  The service restoration requirements in subsections (2), (3), (4), and (6) are requirements which companies are expected to meet as representative of adequate service, and therefore meet the definition of a service standard.  Staff believes that the requirements in these subsections are properly characterized as “service standards” instead of “service objectives,” consistent with Commission practice.[14] 

 

            Joint Petitioners also urge that the service standards for trouble clearing be changed to 80 percent within 48 hours.  They state the 80 percent objective would provide a safety net to assure that repair timelines stay within certain limits, but would leave more room for market forces to find service levels that customers value.  Joint Petitioners request that the out-of-service and not-out-of-service standards be combined.  They assert that this change to the proposed rule may enable ILECs to achieve greater efficiencies in their repair operations.

 

            The Commission’s proposed rule changed the existing rule language from 95% to 90% clearance and maintains the distinction between service interruption and service affecting standards.  Staff believes that the proposed rule language strikes a reasonable balance between the Commission’s Section 364.01 responsibilities of encouraging the development of competition and  considering customer protection.

 

            CWA urges the Commission to retain subparagraph (1)(c) and subsection (5) of Rule 25-4.070.  Subparagraph (1)(c) provides that if service is discontinued in error, the service shall be restored without undue delay and clarification made with the subscriber to verify that service is restored and in satisfactory working condition.  Subsection (5) of Rule 25-4.070 requires each telephone company to establish procedures to ensure the prompt investigation and correction of repeat trouble reports, as defined, and that the percentage of repeat troubles would not exceed 20 percent of the total initial customer reports in each exchange when measured on a monthly basis. 

 

            With regard to subparagraph (1)(c), staff believes that a customer’s service that has been disconnected in error must be restored within 24 hours pursuant to the provisions of Rule 25-4.070.  The term “undue delay” did not have an enforceable measure and is appropriately deleted.  Additionally, it is common practice for companies to contact customers when an outage occurs to ensure that the customer is satisfied with the repairs; therefore, the rule requirement is appropriately deleted.  With regard to subsection (5), repeat troubles are an expense to telephone companies that staff would expect should result in prompt investigation and correction without the necessity of a rule requirement.  It is to the detriment of the company to allow a high percentage of repeat troubles to continue without prompt correction.  For these reasons, staff  believes that the deletion of subparagraph (1)(c) and subsection (5) from Rule 25-4.070 is appropriate, and that these provisions should not be retained as suggested by CWA.

 

Rule 25-4.073, Answer Time

 

            Rule 25-4.073 pertains to a company’s responsibilities in answering calls to their offices.  Each company is required to submit a report pursuant to Rule 25-4.0185, F.A.C., to the Commission with respect to answer time.  The Commission’s proposed amendments to Rule 25-4.073 (p. 25) include clarifying that the rule applies to residential service only, increasing the times within which calls directed to business and repair offices must be answered by a company, combining repair office and business office answer time service standards, and deleting a provision requiring the utility to make answering time studies. 

 

            Joint Petitioners suggest changing the proposed rule to apply to basic local telecommunications customers only.  Staff agrees and recommends changing the proposed rule to apply to basic telecommunications customers only, for the reasons previously set forth in this recommendation. 

 

            Subparagraph (1)(a) of current Rule 25-4.073 requires that each company under normal operating conditions answer at least 90 percent of all calls directed to repair services and 80 percent of all calls to business offices within 30 seconds after the last digit is dialed when no menu driven system is utilized.  The Commission has proposed amending the rule to require that at least 90 percent of all calls directed to both business and repair offices for solely residential service be answered within 90 seconds after the last digit is dialed when no menu driven system is used.

 

            Joint Petitioners recommend deleting the requirements of subparagraph (1)(a).  They suggest that, instead, answer time for calls directed to repair services and calls directed to business offices for basic residential service customers, as opposed to all residential service customers, be measured and reported based on the average speed of answer (ASA) which shall not exceed 120 seconds.  They suggest amending the rule to state that the measurement of ASA begins when the call leaves the automated, interactive answering system, referred to as an Integrated Voice Response Unit (IVRU), and ends when a service representative answers the call or the caller abandons the call.  Further, they suggest language that provides that, where an IVRU is not used, measurement of ASA begins as soon as the call is received and ends when a service representative answers the call or the caller abandons the call.  Joint Petitioners suggest language stating that, for companies that do not have systems enabling reporting results on an automated basis according to service type, performance shall be measured and reported based on results for all residential telecommunications customers.  Finally, upon request, the Commission may authorize a company to measure and report results on an alternative basis.  Joint Petitioners state that aggressive answer time requirements increase costs to companies and decrease capital that could otherwise be used to deploy broadband or provide services customers value.

 

            Staff does not recommend changing the required answer time to an ASA not to exceed 120 seconds.  Staff recognizes that there is some level of competition for basic service.  With regard to Rule 25-4.073 and the answer time requirements, staff does not believe that competition will force companies to answer the telephone, but that it could potentially have the opposite effect.  In a competitive environment, it is more cost effective to have an automated system do as much work as possible and have fewer service representatives answer the telephones.  In the proposed rule, customers may use the automated features for as long as they want to and have no effect on the answer time.  Answer time as proposed in the rule is only measured from the time a person elects to receive help from a live representative.  Staff believes that the amendments proposed by the Commission will allow the companies additional flexibility in managing their call centers and in regard to using automated systems.  Staff also believes that 90 seconds is a reasonable amount of time for a person to wait for a live attendant when compared to answer times in other industries.[15]

 

            Subparagraphs (1)(b) and (c) of Rule 25-4.073 currently state that, when a company uses an IVRU, at least 95 percent of the calls offered shall be answered within 15 seconds after the last digit is dialed, and the initial recorded message presented by the system to the customer shall include the option of transferring to a live attendant within the first 30 seconds of the message.  The call is required to be transferred by the system to a live attendant when a subscriber selects that option or does not interact with the system for 20 seconds, and at least 90 percent of the calls shall be answered by the live attendant prepared to give immediate assistance within 55 seconds of being transferred to the attendant. 

 

            The Commission has proposed that subparagraph (1)(b) be amended to increase the answer time of the IVRU from 15 to 30 seconds in order to give companies the ability to reduce the number of trunks.  The Commission also proposed changing the time within which the option to transfer to a live attendant is presented to the caller from 30 to 60 seconds from the message.  The Commission proposed amending subparagraph (1)(c) of Rule 25-4.073 to delete as obsolete the portion of this rule requiring that subscribers who do not interact with the IVRU for 20 seconds be transferred to a live attendant.  The Commission also proposed amending the rule to increase the answer time for live attendants from 55 to 90 seconds.  Staff believes that the Commission’s proposed changes which increase the answer times should result in cost savings to the companies.  Staff also believes that these increased answer times are an acceptable amount of time for both callers and companies as compared to other industries.[16]

 

            Joint Petitioners suggest deleting the language of subparagraphs (1)(b) and (c) and replacing it with the statement that the answer time for calls initially routed to an automated menu and handled without the intervention of a live business office representative should be counted as one second.

 

            Staff does not recommend changing the proposed rule to make the changes to subparagraphs (1)(b) and (c) suggested by Joint Petitioners.  The purpose of the answer time rule has always been to measure the amount of time it takes for a person to access a live person for assistance after the customer has requested a live attendant.  Many customers have questions that cannot possibly be handled by an automated system.  Adding in answer time for an automated system is not appropriate because it would skew the answer time results.  A one second answer time call would offset many calls that far exceed the standards the Commission has set forth.

 

            Subparagraph (1)(d) defines the term “answered” as used in subparagraphs (1)(a) and (c) to mean more than an acknowledgment that the customer is waiting on the line and that the service representative is ready to render assistance.  Joint Petitioners suggest amending this language to limit this definition to calls in which the customer elects to speak to a service representative.  Staff does not recommend that this suggested change should be made.  Staff believes that subparagraph (1)(d) should be retained as an important customer service protection.  Having someone answer the phone without having the ability to assist defeats the purpose of electing to speak with a live person.  A company could have a person answer the phone only to put the person on hold, which would not serve the purpose of providing quality service.

 

Rule 25-4.110, Customer Billing for Local Exchange Telecommunications Companies

 

            Rule 25-4.110 (p. 30) is a very extensive rule which contains specific and detailed requirements concerning billing.  This rule implements Section 364.604, F.S., which specifically requires that each billing party must clearly identify on its bill, among other things, the telecommunications or information services billed, and the specific charges, taxes, and fees associated with each telecommunications or information service.[17]  The statute also specifies that the Commission may adopt rules to implement that section.  Rule 25-4.110 also implements Section 364.603, F.S., which requires the Commission to adopt rules to prevent the unauthorized changing of a subscriber’s telecommunications service, and Section 364.3382, F.S., which requires LECs to make certain disclosures to residential customers.

 

            The Commission proposed to amend the rule to state that local providers are required to meet the requirements of the FCC Truth-in-Billing Requirements for Common Carriers.  The Commission proposed significant changes to the rule.  The Commission proposed deleting the following provisions of Rule 25-4.110 that are duplicative of Section 364.604, F.S., or 47 C.F.R. 64.2401(a), (b) and (d): Subparagraphs (2)(a)(b), and (c), concerning billing requirements; the provision in subsection (4) requiring itemized bills to be in easily understood language; subsection (14), concerning billing information requirements; subsection (17), concerning notice of change to the customer’s presubscribed provider of local, local toll, or toll service; and the language of subsection (2)(d) which states that each billing party shall set forth on the bill all charges, fees, and taxes which are due and payable.  The Commission proposed deleting as obsolete subparagraph (4)(c), which requires a bill to itemize touch tone service charges; the provision in subsection (10) referencing ratemaking proceedings; and the provisions of subsection (15) of Rule 25-4.110, addressing requirements concerning charges for Pay Per Call service (900 or 976).

 

            The Commission proposed amending subsection (4) such that the annual itemized bill shall be accompanied by a bill insert or bill message, rather than by solely a bill stuffer.  Further, the Commission proposed amending subparagraph (5)(c) to allow the statement on bills of either dollar amounts or items, rather than solely items for which nonpayment will result in disconnection.  The purpose of this amendment is to give the companies more flexibility in their bill presentation.

 

            Additionally, the Commission proposed deleting unnecessary provisions of subsection (7), and all of subsection (11) of Rule 25-4.110, Local Communications Services Tax, in part as duplicative of Chapter 202, F.S., Communications Services Tax Simplification Law, which authorizes and addresses local communications services tax, and in part because certain provisions are adequately addressed through Section 364.604.  The Commission also proposed deleting subsection (12), State Communications Services Tax, as unnecessarily duplicative of definitions found in the Chapters 202 and 203, F.S., and, in part, as adequately addressed by Section 364.604.

 

            Joint Petitioners state that Rule 25-4.110 is “unnecessary in Florida because the telecommunications market is competitive.”  They request that the Commission change subsection (1) of the proposed rule to reference the FCC’s Truth-In-Billing requirements and strike the remaining subsections (2) through (16) of the proposed rule.  They assert that “[t]he FCC’s Truth-In-Billing requirements provide customers the tools needed to make informed choices in the market and provide carriers with specific requirements as to information provided to customers on their bills.” 

 

            Joint Petitioners state that subsections (3), (4) and (5) do not apply to competitive local exchange telecommunications companies (CLECs) or the ILECs’ other competitors.  Moreover, they assert that subsections (3) and (4) are unnecessary because they are adequately covered by Section 364.3382, F.S. 

 

            Joint Petitioners state that subsection (6) is unnecessary because it is duplicative of the requirement in subparagraph (1)(b) of Rule 25-4.070, F.A.C.  As for subsection (10) of the proposed rule concerning backbilling mistakes, Joint Petitioners state that CLECs are not subject to such a requirement and instead are governed by the applicable statute of limitations, and the same should be true for the ILECs.[18]

 

            Joint Petitioners assert that the requirements of proposed Rule 25-4.110(12) relating to 900/976 rules addressing 900/976 notice of blocking provisions to the customer and regarding adjusting the bill containing Pay Per Call charges when the customer states that he/she had no knowledge that such calls have a charge, are not applied to the ILECs’ competitors and are “unnecessary in today’s environment.”  Moreover, they state that the FCC’s rules and Section 364.604, F.S., require carriers to clearly identify all charges on the bill and to provide specific notice about how to contest charges.  They assert that, if a dispute arises, the appropriate method to resolve it would be a complaint proceeding before the Commission.

 

            Staff does not believe that the Commission should adopt Joint Petitioners’ suggested changes to the proposed rule.  While staff believes that the FCC Truth-in-Billing regulations and state statutes allow deletion of the rule provisions as proposed by the Commission in amending Rule 25-4.110, the provisions included in the proposed rule should be retained because they are not duplicative of the law, and are not obsolete or unnecessary.  Subsections (1) through (15) of proposed Rule 25-4.110, address an option for monthly billing, an annual itemized bill with explanation, bill credits for out-of-service conditions, minimum time for bill payment, annual notice regarding directory closing date and listing updates/additions, annual notice regarding “no sales solicitation” list, a 12-month limit on backbilling, application of partial payments, removal of unauthorized charges, notification of PC Freeze availability, and requests from customers for a billing party to restrict charges in its bills.  These provisions of Rule 25-4.110 provide important consumer safeguards and information to customers.  Staff believes that these requirements in proposed Rule 25-4.110 are necessary and important to the Commission’s implementation of Section 364.604, F.S.

 

            Staff does not believe that the Commission should adopt Joint Petitioners’ suggestion to delete provisions for which the Commission proposed amendments.  Staff recommends that no change be made to the proposed subsection (2), which adds language stating that the billing party will provide a plain language explanation to any customer who contacts the billing party, and which replaces similar language proposed for deletion in subparagraph (2)(d)2.b. of the rule.  Staff believes that this is an important customer protection which should be maintained.

 

            Subsection (3)(a) of Rule 25-4.110 requires that each LEC shall provide an itemized bill for local service with the first bill rendered after local exchange service to a customer is initiated or changed.  Staff does not agree with Joint Petitioners that subsection (3) is adequately covered by Section 364.3382, and therefore should be deleted as unnecessary.  This requirement is not specifically states in the statute, and staff believes that it is an important customer protection. 

 

            Proposed rule subsection (4) contains provisions which implement Section 364.3382, F.S., and which are not specifically stated in the statute.  Section 364.3382, Disclosure, essentially requires a new residential customer to be advised of the least-cost service alternative, and provide a listing of what information an itemized bill shall include and the option of using a bill message instead of a bill insert.  This section was amended, effective July 1, 2009, to delete the requirement that the disclosure be in the form of a bill insert, and to delete the requirement that copies of both the written notices and information provided to customer service representatives concerning this disclosure be submitted to the Commission for prior approval.  Staff does not agree with Joint Petitioners that subsection (4) is adequately covered by Section 364.3382, and therefore should be deleted as unnecessary.  However, Staff recommends that proposed Rule 25-4.110(4) be amended, consistent with the statutory amendments, to delete the language that:  “This bill insert or bill message shall be submitted to the Commission’s Division of Regulatory Compliance.”  (p. 32)

 

            Likewise, staff recommends that subsection (5) be retained in its current form as proposed by the Commission.  (p.33)  Subsection (5) lists items which are required to be on all bills rendered by a LEC:  Discount or penalty, past due balance, items for which nonpayment will result in disconnection of basic local service, long-distance monthly or minimum charges and usage charges, usage–based local charges, telecommunications access system surcharge, 911 fee, and delinquent date.  Staff believes that this information is important for customers and that this subsection should, therefore, be retained. 

 

            Staff recommends that the Commission should not adopt Joint Petitioners’ suggestion to delete   Subsection (5)(c) which requires a LEC or IXC to adjust the first bill containing Pay Per Call charges upon the customer’s stated lack of knowledge that such calls have a charge, and to make a second adjustment if necessary as described in the rule.  Further, staff does not recommend adopting Joint Petitioners’ suggestion to delete the language of this provision which requires that at the time the charge is removed, the end user/customer must be notified of the availability of free blocking of Pay Per Call service.  Staff believes that these provisions are required in order to provide customers with protection. Staff notes that Section 364.604(3) provides additional protection to customers by requiring that every billing party provide a free blocking option to a customer to block 900 or 976 telephone calls.

 

            Staff also recommends that subsection (6) of the Rule 25-4.110 be retained in its current form as proposed by the Commission.  Staff does not agree with Joint Petitioners that this subsection is duplicative of the requirement in Rule 25-4.070(1)(b), F.A.C.  Subsection (6) requires each company to make appropriate adjustments or refunds where the subscriber’s service is interrupted through no fault of the subscriber, and remains out of order in excess of 48 hours after the subscriber notifies the company of the interruption.  Rule 25-4.070(1)(b) does not address how a refund or adjustment is to be calculated. 

 

            Staff does not recommend that subsection (10) be deleted as suggested by Joint Petitioners.  Proposed subsection (10) requires that the company may not backbill in excess of 12 months where any undercharge in billing of a customer is the result of a company mistake.  Staff recommends retaining that portion of subsection (10) as proposed by the Commission because it provides certainty to the company and the customer.  (p. 35)

 

            In addition, staff recommends that the Commission should not adopt Joint Petitioners’ suggested deletion of proposed subsection (13).  Proposed subsection (13) specifies that customers must be notified that a PC-Freeze is available “at no charge” and requires that notification shall conform to the requirements of Rule 25-4.083.  (p. 40)  Staff believes that the proposed amendments to subsection (13) of Rule 25-4.110 are required by Section 364.603, F.S., which states the Commission must adopt rules which “provide for the notification to subscribers of the ability to freeze the subscriber’s choice of carriers at no charge.”

Issue 2: 

 Should the Commission adopt changes to proposed Rule 25-4.083, Florida Administrative Code, as suggested by the FCTA?

Recommendation: 

 No, the Commission should not adopt FCTA’s suggested changes to proposed Rule 25-4.083, F.A.C.  (Cowdery, Miller, Salak, Mailhot, Kennedy)

Staff Analysis: 

 Rule 25-4.083 imposes requirements on local exchange providers concerning imposition and removal of a Preferred Carrier Freeze (PC-Freeze)[19] on a subscriber’s account, including information which must be contained on written authorizations to impose a PC-Freeze on a preferred provider selection.  Rule 25-4.083 implements Section 364.603, F.S., Methodology for Changing Telecommunications Provider, which requires the Commission to adopt rules to prevent the unauthorized change of a subscriber’s telecommunications service, to provide for specific verification methodologies, to provide for the notification to subscribers of the ability to freeze the subscriber’s choice of carriers at no charge, to allow for a subscriber’s change to be considered valid if verification was performed consistent with the Commission’s rules, to provide for remedies for violations of the rules, and to allow for the imposition of other penalties available in Chapter 364, F.S.

 

            The Commission proposed to amend Rule 25-4.083 by requiring local providers to meet the requirements of 47 C.F.R., 64.1190 concerning PC-Freezes. (p. 30)  Further, the Commission proposed to delete the rule requirements of Rule 25-4.083 which were duplicative of the provisions of 47 C.F.R 64.1190.  In addition to the 47 C.F.R. 64.1190 requirements, the proposed rule contains three subsections. 

 

            The Commission proposed to amend Rule 25-4.083 to add a new subsection (1) to state that a local provider shall make available a PC-Freeze upon a subscriber’s request. (p. 27)  In addition, the Commission proposed retaining the rule requirements that a PC-Freeze shall not be required as a condition for obtaining service and that a PC-Freeze shall be implemented or removed at no charge to the subscriber.  The Commission proposed deleting the remaining subsections of Rule 25-4.083.

 

            The Commission proposed that subsection (5) of Rule 25-4.083 should be deleted.  This subsection prohibits a local provider from soliciting, marketing, or inducing subscribers to request a PC-Freeze, but states that a local provider is not prohibited from informing an existing or potential new subscriber who expresses concerns about slamming about the availability of a PC-Freeze. 

 

            The Commission proposed that Rule 25-4.083 be amended to delete subsections (3), (6), and (8), as covered by the requirements of the 47 C.F.R. 64.1190(c), (d)(2), and (e), respectively.  Subparagraphs (4)(a) and (b) of Rule 25-4.083 were deleted because they are covered by the requirements of 47 C.F.R 64.1190(d)(1).  Likewise, subparagraphs (7)(a) through (c) of Rule 25-4.083 were deleted because they are covered by the requirements of 47 C.F.R 64.1190(d)(3).

 

            The Commission proposed that subsection (9) of Rule 25-4.083 be deleted because it is unnecessary.  This subsection requires a local provider to retain authorization documentation or recordings for a period of one year as proof that a customer requested implementing or lifting a PC-Freeze.

 

            In its comments, FCTA suggests that the Commission essentially withdraw its proposal to amend Rule 25-4.083 and keep the rule as it exists today, with the exception of subsection (9), the one-year record retention requirement, which it believes may be deleted.  FCTA states that Rule 25-4.083 protects consumers by ensuring that no “slamming” of a customer, i.e., the unauthorized switch of a customer’s carrier, can occur.  It asserts that the rule also safeguards competition and ensures a level playing field because the rule prevents a carrier from imposing a PC-Freeze on a customer without that customer’s consent.  FCTA states that, were it otherwise, carriers could unilaterally prevent any customer from switching to a competitor by imposing a PC-Freeze without the subscriber’s consent, thereby “stopping competition in its tracks.”  It contends that Florida’s existing rule represents “a thoughtful and measured effort.”  FCTA asserts that the amendments the Commission is proposing to Rule 25-4.083 lack evidentiary support in the record.

  

            Specifically, FCTA disagrees with adding proposed subsection (1) to Rule 25-4.083.  FCTA states that there has been no showing in this docket that the information required by proposed subsection (1) would be beneficial to consumers.  FCTA asserts that introducing a new requirement in the rule that LECs provide notice to their customers of the PC-Freeze option could hamper competition.

 

            Staff does not agree with FCTA’s characterization of proposed subsection (1).  Proposed subsection (1) is not a notification provision, but is a requirement that the companies make available a PC-Freeze upon a subscriber’s request.  This subsection was added because it is not specifically required by 47 C.F.R. Section 64.1190.  47 C.F.R. 64.1190 applies only to LECs who offer PC-Freezes.[20]  Thus, if a LEC elects not to offer this service, customers would not be able to obtain a PC-Freeze to protect themselves from an unauthorized carrier change.  In contrast, Section 364.603, F.S., requires telecommunications companies to offer PC-Freezes, and Rule 25-4.083, F.A.C., applies to ILECs, CLECs, and intrastate interexchange companies (IXCs). 

 

            FCTA disagrees that the offer of a PC-Freeze is mandatory.  It states that Section 364.603, F.S., requires consistency with federal law, yet the federal regulations suggest that offering PC-Freezes is optional.  FCTA states that it is concerned that under the proposed rule ILECs could aggressively solicit existing customers to freeze their choice of carrier, making it more difficult to transfer a customer seamlessly to a new network.  FCTA states that the PC- Freeze makes it harder for a competitor to win a customer because it creates numerous additional steps to “unfreeze” the carrier choice.

 

            Staff believes that, in order to implement Section 364.603, F.S., the offer of a PC-Freeze must be a mandate.  The law requires the Commission to adopt rules to prevent slamming and take other actions, such as requiring the companies to notify subscribers of the ability to freeze the subscriber’s choice of carriers. 

 

            FCTA also disagrees with deletion of subsection (5) of the existing rule, which prohibits ILECs from soliciting their subscribers to place PC-Freezes on their accounts.  FCTA states that this provision is designed to ensure a level playing field between incumbent and competitor.  It asserts that the presence of this rule requirement has helped facilitate competition in Florida.  FCTA states that removing the “no solicitation” rule would enable ILECs to create a new hurdle for competitors to clear when seeking to win customers.  Allowing a solicitation of a PC-Freeze would enable a competitor to freeze customers in place, thereby erecting a barrier to competition.  Thus, FCTA urges the Commission to withdraw the changes it has proposed to this section of the rule.

 

            Staff does not recommend that proposed Rule 25-4.083 be changed to prohibit ILECs’ soliciting their subscribers to place PC-Freezes on customer accounts.  Staff believes that subsection (5) is appropriately deleted because there will be sufficient consumer protections remaining in proposed Rule 25-4.083, proposed Rule 25-4.110(13), and 47 C.F.R. 64.1190 to prevent companies from misleading customers about PC-Freezes.  Section 64.1190 provides that all carrier-provided solicitation must include an explanation, in clear and neutral language, of what a PC-Freeze is and what services may be subject to a freeze.  Proposed Rule 25-4.110(13), requires that companies billing for local service must provide notification to customers about the availability of a PC-Freeze at no charge.  Proposed subsection 25-4.083(2) prevents a company from forcing a customer to take a PC-Freeze as a condition for obtaining service.  If there are abusive or anticompetitive practices that are alleged, the Commission is required by Section 364.603, F.S., to resolve on an expedited basis any complaints of anticompetitive behavior concerning a local PC-Freeze.

 

            FCTA initially took the position in this docket that the Commission should retain subsection (9) of the rule which requires authorization confirmation to be retained for one year to show that a customer requested the implementation or lifting of a PC-Freeze.  However, in its supplemental comments, FCTA states that the one year record retention requirement is no longer necessary due to the Chapter 2009-226, Laws of Fla., amendments to Section 364.603, F.S., which place the burden of proving that a customer requested a PC-Freeze on the provider asserting that the PC-Freeze exists.  FCTA states that existing federal rules and the statutory amendments create an incentive for providers to retain information showing a customer actually requested a PC-Freeze, because if the provider does not retain evidence of a customer request, any complaint concerning whether a customer actually requested the freeze will likely be resolved against the provider.  FCTA states that the incentives for ILECs to retain these records enables the Commission to resolve disputes quickly and in a way that benefits the customer and fairness in the marketplace.  

 

            Consistent with FCTA’s position in support of the proposed deletion of subsection (9), staff continues to recommend that the rule retention requirement be deleted as proposed.  Staff also notes that Section 364.603 has been amended to require the Commission to resolve on an expedited basis any complaints of anticompetitive behavior concerning a local PC-Freeze.  As pointed out by FCTA, the amended statute provides that the telecommunications company that is asserting the existence of a local PC-Freeze shall have the burden of proving through competent evidence that the customer did in fact request the freeze.  If the company does not retain authorization confirmation records, it may have a difficult time meeting this burden of proof.

 

            FCTA also suggests that subsections (10), (11) and (12) of Rule 25-4.083 be retained.  FCTA states that these subsections contain provisions designed to ensure that back office procedures account for PC-Freezes when an underlying wholesale service provider changes. FCTA specifically points to subsection (11) of Rule 25-4.083 as a means to increase communications between providers and states that deleting this subsection could have a harmful effect on those interactions. 

 

            Staff believes that these back office procedures are generally better left as “best practices” of the industry.  Furthermore, these subsections were originally adopted in 2004 at the request of several telecommunications companies.[21]  Because the industry requested elimination of these provisions in this rulemaking, staff concluded that the industry has changed its operational practices such that the issues addressed by these rules no longer exist as impairments to the competitive market.

 

FCTA states that ILECs still possess the power unilaterally to delay or prevent customers from switching to a competitor.  FCTA states that for these reasons the Commission should keep Rule 25-4.083 as it is in effect today.

While staff agrees that Rule 25-4.083 has been an effective and well-balanced rule, we recommend the streamlining of the rule as proposed by the Commission and as set forth in this recommendation.  Streamlining should retain the key ingredients of the rule, while minimizing the burden on the companies. 

 

 

 

 

 

 

 

 

 

Issue 3:  Should this docket be closed?

Recommendation: 

 Yes.  (Cowdery, Miller)

Staff Analysis: 

 If the Commission votes to accept staff’s recommendation in Issues 1, a notice of change must be issued prior to the filing of the rules with the Secretary of State.  If, however, the Commission votes not to change the proposed rules addressed in Issue 1, the rules will be filed with the Secretary of State for adoption without changes.  If the Commission votes to accept staff’s recommendation in Issue 2, proposed Rule 25-4.083 will be filed with the Secretary of State for adoption without changes.  In either instance, the docket should be closed once the rules are filed with the Secretary of State.

 

 

25-4.0185 Periodic Reports.

            (1)  Each local exchange telecommunications company shall file with the Commission’s Division of Service, Safety and Consumer AssistanceCompetitive Markets and Enforcement the information required by Commission Form PSC/SSCCMP 28 (xx/xx4/05), which is incorporated into this rule by reference. Form PSC/SSCCMP 28, entitled “Engineering Data Requirements,” may be obtained from the Commission’s Division of Service, Safety and Consumer AssistanceCompetitive Markets and Enforcement.

            (21) The information required by schedules 2, 3, 8, 11, and 15 and 16 of Form PSC/SSCCMP 28 shall be filed reported on a quarterly basis by the large LECs and semiannually by the small LECs and shall be filed on or before the end of the month following the reporting period.

            (32) Schedules 2, 3, 11, and 15 of Form PSC/SSC 28 shall apply to basic local telecommunications service only. The information required by Schedule 19 of Form PSC/CMP 28 shall be reported on a semiannual basis and shall be filed on or before the end of the month following the second and fourth quarters.

            (4)  Each local exchange telecommunications company shall begin recording basic local telecommunications service data for reporting on schedules 2, 3, 11 and 15 no later than January 1, 2010.

Specific Authority 350.127(2) FS.

Law Implemented 364.01(4), 364.03, 364.17, 364.183(1) FS.

History–New 12-14-86, Amended 7-20-89, 12-27-94, 3-10-96, 4-3-05,_______.

25-4.066 Availability of Basic Local Telecommunications Service.

            (1) Each telecommunications company shall provide central office equipment and outside plant facilities designed and engineered in accordance with realistic anticipated customer demands for basic local telecommunications service within its certificated area in accordance with its schedules.  filed tariffs or orders of the Commission, subject to its ability to secure and provide, for reasonable expense, suitable facilities and rights for construction and maintenance of such facilities.

            (2) Where central office and outside plant facilities are readily available, at least 90 percent of all requests for basic local telecommunications primary service in any  calendar month shall normally be satisfied installed in each exchange of at least 50,00 lines and quarterly in exchanges of less than 50,000 lines within an interval of three working days after receipt of application when all schedule tariff requirements relating thereto have been complied with, except those instances where a later installation date is requested by the applicant. or where special equipment or services are involved.

            (3) If the applicant requests an installation date beyond three working days, the requested date shall be counted as day three for measurement purposes.

            (4) When an appointment is made in order for the company to gain access to the customer’s premises, the mutually agreed upon date will be day three for measurement purposes. Failure of the customer to be present to afford the company representative entry to the premises during the appointment period shall exempt the order for measurement purposes. Whenever a company representative is unable to gain admittance to a customer’s premises during the scheduled appointment period, the company representative shall leave a notice, stating the name of the company representative and the date and time the company representative was at the premises.

            (5) Each telecommunications company shall establish as its objective the satisfaction of at least 95 percent of all applications for new service in each exchange within a 30 day maximum interval and, further, shall have as its objective the capability of furnishing service within each of its exchanges to applicants within 60 days after date of application; except those instances where a later installation date is requested by the applicant or where special equipment or services are involved.

            (6) Whenever, for any reason, the service installation cannot be made at the time requested by the applicant or within the prescribed interval, the applicant shall be notified promptly of the delay and the reason therefor.

            (7) Where facility additions are required to make service available, the applicant shall be further advised as to the circumstances and conditions under which service will be provided and as soon as practicable an estimated date when service will be furnished. With respect to applications aged over six months all service dates that result in a further delay due to the company’s inability to meet the original estimated date of service shall be identified in the appropriate section of the report of held applications filed with the Commission and shall include an explanation of the reasons therefor.

            (58) Each company shall report basic local telecommunications installation performance pursuant to Rule 25-4.0185, F.A.C., Periodic Reports, the performance of the company with respect to the availability of service requirements. as outlined in Form PSC/CMP 28 (4/05), incorporated into Rule 25-4.0185, F.A.C., by reference and available from the Division of Competitive Markets and Enforcement. Each company shall explain the reasons for all service orders that are not completed within 30 calendar days.

Specific Authority 350.127(2) FS. Law Implemented 364.025, 364.03, 364.14, 364.15, 364.183, 364.185 FS. History–Revised 12-1-68, Amended 3-31-76, Formerly 25-4.66, Amended 3-10-96, 4-3-05, 4-3-05,_______.

25-4.070 Customer Trouble Reports for Basic Local Telecommunications Service.

            (1) Each telecommunications company shall make all reasonable efforts to minimize the extent and duration of trouble conditions that disrupt or affect basic local telecommunications customer telephone service. Trouble reports will be classified as to their severity on a service interruption (synonymous with out-of-service or OOS) or service affecting (synonymous with non-out-of-service or non-OOS) basis. Service interruption reports shall not be downgraded to a service affecting report; however, a service affecting report shall be upgraded to a service interruption if changing trouble conditions so indicate.

            (a) Companies shall make every reasonable attempt to restore service on the same day that the interruption is reported to the serving repair center.

            (b) In the event a subscriber’s service is interrupted other than by a negligent or willful act of the subscriber and it remains out of service in excess of 24 hours after being reported to the company, an appropriate adjustment or refund shall be made to the subscriber automatically, pursuant to Rule 25-4.110, F.A.C. (Customer Billing). Service interruption time will be computed on a continuous basis, Sundays and holidays included. Also, if the company finds that it is the customer’s responsibility to correct the trouble, it must notify or attempt to notify the customer within 24 hours after the trouble was reported.

            (c) If service is discontinued in error by the telephone company, the service shall be restored without undue delay, and clarification made with the subscriber to verify that service is restored and in satisfactory working condition.

            (2) Sundays and Holidays:

            (a) Except for emergency service providers, such as the military, medical, police, and fire, companies are not required to provide normal repair service on Sundays. Where any repair action involves a Sunday or holiday, that period shall be excepted when computing service standardsobjectives, but not refunds for service interruptionsOOS conditions.

            (b) Service interruptions occurring on a holiday not contiguous to Sunday will be treated as in paragraph (2)(a) of this rule. For holidays contiguous to a Sunday or another holiday, sufficient repair forces shall be scheduled so that repairs can be made if requested by a subscriber.

            (3) Service Standards Objectives:

            (a) Service Interruption: Restoration of interrupted service shall be scheduled to ensure insure at least 9095 percent shall be cleared within 24 hours of the report.  in each exchange that contains at least 50,000 lines and will be measured on a monthly basis. For exchanges that contain less than 50,000 lines, the results can be aggregated on a quarterly basis. For any exchange failing to meet this objective, the company shall provide an explanation with its periodic report to the Commission.

            (b) Service Affecting: Clearing of service affecting trouble reports shall be scheduled to ensure insure at least 9095 percent of such reports are cleared within 72 hours of the report. in each exchange which contains at least 50,000 lines and will be measured on a monthly basis. For exchanges which contain less than 50,000 lines, the results can be aggregated on a quarterly basis.

            (4c) If the customer requests that the service be restored on a particular day beyond the service standards objectives outlined in subsection (3)paragraphs (a) and (b) above, the trouble report shall be counted as having met the service standards objective if the requested date is met.

            (45) Priority shall be given to service interruptions that affect public health and safety that are reported to and verified by the company and such service interruptions shall be corrected as promptly as possible on an emergency basis.

            (5) Repeat Trouble: Each telephone company shall establish procedures to insure the prompt investigation and correction of repeat trouble reports such that the percentage of repeat troubles will not exceed 20 percent of the total initial customer reports in each exchange when measured on a monthly basis. A repeat trouble report is another report involving the same item of plant within 30 days of the initial report.

            (6) The service standards objectives of this rule shall not apply to subsequent customer reports, or (not to be confused with repeat trouble reports), emergency situations, such as unavoidable casualties where at least 10 percent of an exchange is out of service.

            (7) Reporting Criteria: Each company shall report pursuant to periodically report the data specified in Rule 25-4.0185, F.A.C., Periodic Reports, the performance of the company with respect to customer trouble reports.on Form PSC/CMP 28 (4/05), incorporated into Rule 25-4.0185. F.A.C., by reference and available from the Division of Competitive Markets and Enforcement.

            (8) This rule shall apply to basic local telecommunications service only.

Specific Authority 350.127(2) FS. Law Implemented 364.01(4), 364.03, 364.15, 364.17, 364.18, 364.183, 364.386 FS. History–Revised 12-1-68, Amended 3-31-76, Formerly 25-4.70, Amended 6-24-90, 3-10-96, 4-3-05,________.

25-4.073 Answering Time for Basic Local Telecommunications Service.

            (1) Each telephone company utility shall provide equipment designed and engineered on the basis of realistic forecasts of growth, and shall make all reasonable efforts to provide adequate personnel so as to meet the following service standards criteria under normal operating conditions:

            (a) At least 90 percent of all calls directed to repair services and 80 percent of all calls to business and repair offices for basic local telecommunications service shall be answered within  9030 seconds after the last digit is dialed when no menu driven system is utilized.

            (b) When a company utilizes a menu driven, automated, interactive answering system (referred to as the system or as an Integrated Voice Response Unit (IVRU)), at least 95 percent of the calls offered shall be answered within 3015 seconds after the last digit is dialed. The initial recorded message presented by the system to the customer shall include the option of transferring to a live attendant within the first 630 seconds of the message.

            (c) For subscribers who either select the option of transferring to a live assistant, or do not interact with the system for twenty seconds, the call shall be transferred by the system to a live attendant. At least 90 percent of the calls shall be answered by the live attendant prepared to give immediate assistance within 9055 seconds of being transferred to the attendant.

            (d) The terms “answered” as used in paragraphs (a) and (c) above, shall be construed to mean more than an acknowledgment that the customer is waiting on the line. It shall mean that the service representative is ready to render assistance.

            (2) Answering time studies using actual data or any statistically valid substitute for actual data shall be made to the extent and frequency necessary to determine compliance with this rule.

            (23) All telecommunications companies are expected to answer their main published telephone number on a 24 hour a day basis. Such answering may be handled by a special operator at the toll center or directory assistance facility when the company offices are closed. Where after hours calls are not handled as described above, at least the first published business office number will be equipped with a telephone answering device which will notify callers after the normal working hours of the hours of operation for that business office. Where recording devices are used, the message shall include the telephone number assigned to handle urgent or emergency calls when the business office is closed.

            (34) Each company shall report, pursuant to Rule 25-4.0185, F.A.C., Periodic Reports, the performance of the company with respect to answer time. as outlined in Form PSC/CMP 28 (4/05), incorporated into Rule 25-4.0185, F.A.C., by reference and available from the Division of Competitive Markets and Enforcement.

            (4) This rule shall apply to basic local telecommunications service only.

Specific Authority 350.127(2) FS. Law Implemented 364.01(4), 364.03, 364.386, 365.171 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.73, Amended 11-24-92, 4-3-05,________.

25-4.083 Preferred Carrier Freeze.

            (1) A local provider shall make available a PC-Freeze upon a subscriber’s request.

            (2) (1) A PC-Freeze shall not be imposed or removed on a subscriber’s account without the subscriber’s authorization and shall not be required as a condition for obtaining service.

            (3) (2) A PC-Freeze shall be implemented or removed at no charge to the subscriber.

            (3) The subscriber’s authorization shall be obtained for each service for which a PC Freeze is requested. Procedures implemented by local exchange providers must clearly distinguish among telecommunications services (e.g., local, local toll, and toll) subject to a PC Freeze.

            (4) All notification material regarding PC Freezes must include:

            (a) An explanation of what a PC Freeze is and what services are subject to a freeze;

            (b) A description of the specific procedures necessary to lift a PC Freeze and an explanation that the subscriber will be unable to make a change in provider selection unless the subscriber authorizes lifting of the PC Freeze; and

            (c) An explanation that there are no charges for implementing or removing a PC Freeze.

            (5) A local provider shall not solicit, market, or induce subscribers to request a PC-Freeze. A local provider is not prohibited, however, from informing an existing or potential new subscriber who expresses concerns about slamming about the availability of a PC-Freeze.

            (6) A local exchange provider shall not implement a PC Freeze unless the subscriber’s request to impose a freeze has first been confirmed in accordance with one of the following procedures:

            (a) The local exchange provider has obtained the subscriber’s written or electronically signed authorization in a form that meets the requirements of subsection (7);

            (b) The local exchange provider has obtained the subscriber’s electronic authorization, placed from the telephone number(s) on which the PC Freeze is to be imposed. The electronic authorization should confirm appropriate verification data (e.g., the subscriber’s date of birth or the last four digits of the subscriber’s social security number) and the information required in paragraphs (7)(a) through (d). Telecommunications providers electing to confirm PC Freeze orders electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the number(s) will connect a subscriber to a voice response unit, or similar mechanism that records the required information regarding the PC Freeze request, including automatically recording the originating automatic numbering identification; or

            (c) An independent third party has obtained the subscriber’s oral authorization to submit the PC Freeze and confirmed the appropriate verification data (e.g., the subscriber’s date of birth or the last four digits of the subscriber’s social security number) and the information required in paragraphs (7)(a) through (d). The independent third party must not be owned, managed, or directly controlled by the provider or the provider’s marketing agent; must not have any financial incentive to confirm PC Freeze requests for the provider or the provider’s marketing agent; and must operate in a location physically separate from the provider or the provider’s marketing agent. The content of the verification must include clear and conspicuous confirmation that the subscriber has authorized a PC Freeze.

            (7) A local exchange provider shall accept a subscriber’s written and signed authorization to impose a PC Freeze on a preferred provider selection. A written authorization shall be printed in a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language that confirms:

            (a) The subscriber’s billing name and address and the telephone number(s) to be covered by the PC Freeze;

            (b) The specific service, (e.g., local, local toll, and toll), separately stated, on which a PC Freeze will be imposed.;

            (c) That the subscriber understands that to make a change in provider selection, the subscriber must lift the PC Freeze; and

            (d) That there will be no charge to the subscriber for a PC Freeze.

            (8) All local exchange providers shall, at a minimum, offer subscribers the following procedures for lifting a PC Freeze:

            (a) Acceptance of a subscriber’s written or electronically signed authorization; and

            (b) Acceptance of a subscriber’s oral authorization along with a mechanism that allows the submitting provider to conduct a three-way conference call between the provider administering the PC Freeze and the subscriber. The provider administering the PC Freeze shall confirm appropriate verification data (e.g., the subscriber’s date of birth or the last four digits of the subscriber’s social security number) and the subscriber’s intent to lift a specific PC Freeze.

            (9) Information obtained under subsection (6) and paragraph (8)(a) shall be retained by the provider for a period of one year.

            (10) A PC Freeze shall not prohibit a local provider from changing wholesale services when serving the same end user.

            (11) Local providers shall make available an indicator on the customer service record that identifies whether the subscriber currently has a PC Freeze in place.

            (12) Local providers shall make available the ability for the subscriber’s new local provider to initiate a local PC Freeze using the local service request.

            (4) In addition to the requirements listed in subsections (1) through (3) above, a local provider shall meet the requirements as prescribed by the Federal Communications Commission in Title 47, Code of Federal Regulations, Part 64, Section 64.1190, Preferred Carrier Freeze,  revised as of October 1, 2007, which is hereby incorporated into this rule by reference.   

Specific Authority 350.127, 364.01, 364.603 FS. Law Implemented 364.01, 364.603 FS. History–New 9-9-04, Amended__________.

25-4.110 Customer Billing for Local Exchange Telecommunications Companies.

            (1) Each company shall issue bills monthly or may offer customers a choice of billing intervals that includes a monthly billing interval.

            (2) Each billing party shall set forth on the bill all charges, fees, and taxes which are due and payable.

            (a) There shall be a heading for each originating party which is billing to that customer account for that billing period. The heading shall clearly and conspicuously indicate the originating party’s name. If the originating party is a certificated telecommunications company, the certificated name must be shown. If the originating party has more than one certificated name, the name appearing in the heading must be the name used to market the service.

            (b) The toll-free customer service number for the service provider or its customer service agent must be conspicuously displayed in the heading, immediately below the heading, or immediately following the list of charges for the service provider. For purposes of this subparagraph, the service provider is defined as the company which provided the service to the end user. If the service provider has a customer service agent, the toll-free number must be that of the customer service agent and must be displayed with the service provider’s heading or with the customer service agent’s heading, if any. For purposes of this subparagraph, a customer service agent is a person or entity that acts for any originating party pursuant to the terms of a written agreement. The scope of such agency shall be limited to the terms of such written agreement.

            (c) Each charge shall be described under the applicable originating party heading.

            (d)1. Taxes, fees, and surcharges related to an originating party heading shall be shown immediately below the charges described under that heading. The terminology for Federal Regulated Service Taxes, Fees, and Surcharges must be consistent with all FCC required terminology.

            2. The billing party shall either:

            a. Identify Florida taxes and fees applicable to charges on the customer’s bill and identify the assessment base and rate for each percentage based tax, fee, and surcharge, or

            b.(i) Provide a plain language explanation of any line item and applicable tax, fee, and surcharge to any customer who contacts the billing party or customer service agent with a billing question and expresses difficulty in understanding the bill after discussion with a service representative.

            (ii) If the customer requests or continues to express difficulty in understanding the explanation of the authority, assessment base or rate of any tax, fee or surcharge, the billing party shall provide an explanation of the state, federal, or local authority for each tax, fee, and surcharge; the line items which comprise the assessment base for each percentage based tax, fee, and surcharge; or the rate of each state, federal, or local tax, fee, and surcharge consistent with the customer’s concern. The billing party or customer service agent shall provide this information to the customer in writing upon the customer’s request.

            (2e) If each recurring charge due and payable is not itemized, each bill shall contain the following statement: “Further written itemization of local billing available upon request.” In addition, the billing party will provide a plain language explanation to any customer who contacts the billing party.

            (3) Each LEC shall provide an itemized bill for local service:

            (a) With the first bill rendered after local exchange service to a customer is initiated or changed; and

            (b) To every customer at least once each twelve months.

            (4) The annual itemized bill shall be accompanied by a bill insert or bill message stuffer which explains the itemization and advises the customer to verify the items and charges on the itemized bill. This bill stuffer shall be submitted to the Commission’s Division of Competitive Markets and Enforcement for prior approval. The itemized bill provided to residential customers and to business customers with less than ten access lines per service location shall be in easily understood language. The itemized bill provided to business customers with ten or more access lines per service location may be stated in service order code, provided that it contains a statement that, upon request, an easily understood translation is available in written form without charge. An itemized bill shall include, but not be limited to the following information, separately stated:

            (a) Number and types of access lines;

            (b) Charges for access to the system, by type of line;

            (c) Touch tone service charges;

            (cd) Charges for each custom calling features, separated by feature or package;

            (de) Unlisted number charges;

            (ef) Local directory assistance charges;

            (fg) Other tariff charges; and

            (gh) Other nontariffed, regulated charges contained in the bill.

            (5) All bills rendered by a local exchange company shall clearly state the following items:

            (a) Any discount or penalty. The originating party is responsible for informing the billing party of all such penalties or discounts to appear on the bill, in a form usable by the   billing party;

            (b) Past due balance;

            (c) Amounts or iItems for which nonpayment will result in disconnection of the customer’s basic local service, including a statement of the consequences of nonpayment;

            (d) Long-distance monthly or minimum charges, if included in the bill;

            (e) Long-distance usage charges, if included in the bill;

            (f) Usage-based local charges, if included in the bill;

            (g) Telecommunications Access System Surcharge, per subsection 25-4.160(3), F.A.C.;

            (h) “911” fee per Section 365.171(13), F.S.; and

            (i) Delinquent date.

            (6) Each company shall make appropriate adjustments or refunds where the subscriber’s service is interrupted by other than the subscriber’s negligent or willful act, and remains out of order in excess of 24 hours after the subscriber notifies the company of the interruption. The refund to the subscriber shall be the pro rata part of the month’s charge for the period of days and that portion of the service and facilities rendered useless or inoperative; except that the refund shall not be applicable for the time that the company stands ready to repair the service and the subscriber does not provide access to the company for such restoration work. The refund may be accomplished by a credit on a subsequent bill for telephone service.

            (7)(a) Bills shall not be considered delinquent prior to the expiration of 15 days from the date of mailing or delivery by the company. However, the company may demand immediate payment under the following circumstances:

            1. Where service is terminated or abandoned;

            2. Where toll service is two times greater than the subscriber’s average usage as reflected on the monthly bills for the three months prior to the current bill, or, in the case of a new customer who has been receiving service for less than four months, where the toll service is twice the estimated monthly toll service; or

            3. Where the company has reason to believe that a business subscriber is about to go out of business or that bankruptcy is imminent for that subscriber.

            (b) The demand for immediate payment shall be accompanied by a bill which itemizes the charges for which payment is demanded, or, if the demand is made orally, an itemized bill shall be mailed or delivered to the customer within three days after the demand is made.

            (c) If the company cannot present an itemized bill, it may present a summarized bill which includes the customer’s name and address and the total amount due. However, a customer may refuse to make payment until an itemized bill is presented. The company shall inform the customer that he may refuse payment until an itemized bill is presented.

            (8) Each telephone company shall include a bill insert or bill message advising each subscriber of the directory closing date and the subscriber’s opportunity to correct any error or make changes as the subscriber deems necessary in advance of the closing date. It shall also state that at no additional charge and upon the request of any residential subscriber, the exchange company shall list an additional first name or initial under the same address, telephone number, and surname of the subscriber. The notice shall be included in the billing cycle closest to 60 days preceding the directory closing date.

            (9) Annually, each telephone company shall include a bill insert or bill message advising each residential subscriber of the option to have the subscriber’s name placed on the “No Sales Solicitation” list maintained by the Department of Agriculture and Consumer Services, Division of Consumer Services, and the 800 number to contact to receive more information.

            (10) Where any undercharge in billing of a customer is the result of a company mistake, the company may not backbill in excess of 12 months. Nor may the company recover in a ratemaking proceeding any lost revenue which inures to the company’s detriment on account of this provision.

            (11) Local Communications Services Tax.

            (a) The Local Communications Services Tax is comprised of the discretionary communications services tax levied by the governing authority of each municipality and county authorized by Chapter 202, F.S.

            (b) When a municipality or county levies the Local Communications Services Tax authorized by Chapter 202, F.S., the local exchange company may collect that tax only from its subscribers receiving service within that municipality or county.

            (c) A local exchange company may not incorporate any portion of the Local Communications Services Tax into its other rates for service.

            (12) State Communications Services Tax.

            (a) The State Communications Services Tax is comprised of the Gross Receipts Tax imposed by Chapter 203, F.S., the communications services sales tax imposed by Chapter 202, F.S., and any local option sales tax.

            (b) A local exchange company may not incorporate any portion of the State Communications Services Tax into its other rates for service.

            (113) Each LEC shall apply partial payment of an end user/customer bill first towards satisfying any unpaid regulated charges. The remaining portion of the payment, if any, shall be applied to nonregulated charges.

            (14) All bills produced shall clearly and conspicuously display the following information for each service billed in regard to each company claiming to be the customer’s presubscribed provider for local, local toll, or toll service:

            (a) The name of the certificated company;

            (b) Type of service provided, i.e., local, local toll, or toll; and

            (c) A toll-free customer service number.

            (15) This section applies to LECs that provide transmission services or bill and collect on behalf of Pay Per Call providers. Pay Per Call services are defined as switched telecommunications services between locations within the State of Florida which permit communications between an end use customer and an information provider’s program at a per call charge to the end user/customer. Pay Per Call services include 976 services provided by the LECs and 900 services provided by interexchange carriers.

            (a) Charges for Pay Per Call service (900 or 976) shall be segregated from charges for regular long distance or local charges by appearing separately under a heading that reads as follows: “Pay Per Call (900 or 976) nonregulated charges.” The following information shall be clearly and conspicuously disclosed on each section of the bill containing Pay Per Call service (900 or 976) charges:

            1. Nonpayment of Pay Per Call service (900 or 976) charges will not result in disconnection of local service;

            2. End users/customers can obtain free blocking of Pay Per Call service (900 or 976) from the LEC;

            3. The local or toll-free number the end user/customer can call to dispute charges;

            4. The name of the IXC providing 900 service; and

            5. The Pay Per Call service (900 or 976) program name.

            (b) Pay Per Call Service (900 and 976) Billing. LECs and IXCs who have a tariff or contractual relationship with a Pay Per Call (900 or 976) provider shall not provide Pay Per Call transmission service or billing services, unless the provider does each of the following:

            1. Provides a preamble to the program which states the per minute and total minimum charges for the Pay Per Call service (900 and 976); child’s parental notification requirement is announced on preambles for all programs where there is a potential for minors to be attracted to the program; child’s parental notification requirement in any preamble to a program targeted to children must be in language easily understandable to children; and programs that do not exceed $3.00 in total charges may omit the preamble, except as provided in subparagraph (11)(b)3.;

            2. Provides an 18 second billing grace period in which the end user/customer can disconnect the call without incurring a charge; from the time the call is answered at the Pay Per Call provider’s premises, the preamble message must be no longer than 15 seconds. The program may allow an end user/customer to affirmatively bypass a preamble;

            3. Provides on each program promotion targeted at children (defined as younger than 18 years of age) clear and conspicuous notification, in language understandable to children, of the requirement to obtain parental permission before placing or continuing with the call. The parental consent notification shall appear prominently in all advertising and promotional materials, and in the program preamble. Children’s programs shall not have rates in excess of $5.00 per call, and shall not include the enticement of a gift or premium;

            4. Promotes its services without the use of an autodialer or broadcasting of tones that dial a Pay Per Call (900 or 976) number;

            5. Prominently discloses the additional cost per minute or per call for any other telephone number that an end user/customer is referred to either directly or indirectly;

            6. In all advertising and promotional materials, displays charges immediately above, below, or next to the Pay Per Call number, in type size that can be seen as clearly and conspicuously at a glance as the Pay Per Call number. Broadcast television advertising charges, in Arabic numerals, must be shown on the screen for the same duration as the Pay Per Call number is shown, each time the Pay Per Call number is shown. Oral representations shall be equally as clear;

            7. Provides on Pay Per Call services that involve sales of products or merchandise clear preamble notification of the price that will be incurred if the end user/customer stays on the line, and a local or toll free number for consumer complaints; and

            8. Meets internal standards established by the LEC or IXC as defined in the applicable tariffs or contractual agreement between the LEC and the IXC; or between the LEC/IXC and the Pay Per Call (900 or 976) provider which when violated, would result in the termination of a transmission or billing arrangement.

            (12)(c) Pay Per Call (900 and 976) Blocking. Each LEC shall provide blocking where technically feasible of Pay Per Call service (900 and 976), at the request of the end user/customer at no charge. Each LEC or IXC must implement a bill adjustment tracking system to aid its efforts in adjusting and sustaining Pay Per Call charges. The LEC or IXC will adjust the first bill containing Pay Per Call charges upon the end user’s/customer’s stated lack of knowledge that Pay Per Call service (900 and 976) has a charge. A second adjustment will be made if necessary to reflect calls billed in the following month which were placed prior to the Pay Per Call service inquiry. At the time the charge is removed, the end user/customer shall be notified of the availability of may agree to free blocking of Pay Per Call service (900 and 976).

            (d) Dispute resolution for Pay Per Call service (900 and 976). Charges for Pay Per Call service (900 and 976) shall be automatically adjusted upon complaint that:

            1. The end user/customer did not receive a price advertisement, the price of the call was misrepresented to the consumer, or the price advertisement received by the consumer was false, misleading, or deceptive;

            2. The end user/customer was misled, deceived, or confused by the Pay Per Call (900 or 976) advertisement;

            3. The Pay Per Call (900 or 976) program was incomplete, garbled, or of such quality as to render it inaudible or unintelligible, or the end user/customer was disconnected or cut off from the service;

            4. The Pay Per Call (900 and/or 976) service provided out-of-date information; or

            5. The end user/customer terminated the call during the preamble described in subparagraph 25-4.110(11)(b)2., F.A.C., but was charged for the Pay Per Call service (900 or 976).

            (e) If the end user/customer refuses to pay a disputed Pay Per Call service (900 or 976) charge which is subsequently determined by the LEC to be valid, the LEC or IXC may implement Pay Per Call (900 and 976) blocking on that line.

            (f) Credit and Collection. LECs and IXCs billing Pay Per Call (900 and 976) charges to an end user/customer in Florida shall not:

            1. Collect or attempt to collect Pay Per Call service (900 or 976) charges which are being disputed or which have been removed from an end user’s/customer’s bill; or

            2. Report the end user/customer to a credit bureau or collection agency solely for non-payment of Pay Per Call (900 or 976) charges.

            (g) LECs and IXCs billing Pay Per Call service (900 and 976) charges to end users/customers in Florida shall implement safeguards to prevent the disconnection of phone service for non-payment of Pay Per Call (900 or 976) charges.

            (136) Companies that bill for local service must provide notification with the customer’s first bill or via letter, and annually thereafter that a PC-Freeze is available at no charge. Existing customers must be notified annually that a PC-Freeze is available at no charge.  Notification shall conform to the requirements of Rule 25-4.083.

            (17) The customer must be given notice on the first or second page of the customer’s next bill in conspicuous bold face type when the customer’s presubscribed provider of local, local toll, or toll service has changed.

            (148) If a customer notifies a billing party that they did not order an item appearing on their bill or that they were not provided a service appearing on their bill, the billing party shall promptly provide the customer a credit for the item and remove the item from the customer’s bill, with the exception of the following:

            (a) Charges that originate from:

            1. Billing party or its affiliates;

            2. A governmental agency;

            3. A customer’s presubscribed intraLATA or interLATA interexchange carrier; and

            (b) Charges associated with the following types of calls:

            1. Collect calls;

            2. Third party calls;

            3. Customer dialed calls for; and

            4. Calls using a 10-10-xxx calling pattern.

            (159)(a) Upon request from any customer, a billing party must restrict charges in its bills to only:

            1. Those charges that originate from the following:

            a. Billing party or its affiliates;

            b. A governmental agency;

            c. A customer’s presubscribed intraLATA or interLATA interexchange carrier; and

            2. Those charges associated with the following types of calls:

            a. Collect calls;

            b. Third party calls;

            c. Customer dialed calls; and

            d. Calls using a 10-10-xxx calling pattern.

            (b) Customers must be notified of this right by billing parties annually and at each time a customer notifies a billing party that the customer’s bill contained charges for products or services that the customer did not order or that were not provided to the customer.

            (c) Small local exchange telecommunications companies as defined in Section 364.052(1), F.S., are exempted from this subsection.

            (20) Nothing prohibits originating parties from billing customers directly, even if a charge has been blocked from a billing party’s bill at the request of a customer.

            (16) In addition to the requirements listed in subsections (1) through (15) above, a local provider shall meet the requirements as prescribed by the Federal Communications Commission in Title 47, Code of Federal Regulations, Part 64, Sections 64.2400 and 64.2401, Truth-in-Billing Requirements for Common Carriers, revised as of October 1, 2007, which are incorporated into this rule by reference.

Specific Authority 350.127, 364.604(5) FS. Law Implemented 350.113, 364.03, 364.04, 364.05, 364.052, 364.17, 364.19, 364.3382, 364.602, 364.603, 364.604 FS. History–New 12-1-68, Amended 3-31-76, 12-31-78, 1-17-79, 7-28-81, 9-8-81, 5-3-82, 11-21-82, 4-13-86, 10-30-86, 11-28-89, 3-31-91, 11-11-91, 3-10-96, 12-28-98, 7-5-00, 11-16-03,________.

 

 

 

 

FORM PSC/CMP 28 (4/05)                                                                                                                                                    RULE 25-4.0185, F.A.C.

 

PERIODIC REPORTS

 

ENGINEERING DATA REQUIREMENTS

 

SCHEDULE                TITLE                                                                                                              SUBMISSION

Large LECs/Small LECs

 

 2                     Summary of Completed New Basic Local Telecommunications Service Orders            Quarterly/Semiannually

 

 3                     Summary of Held Applications            Quarterly/Semiannually

 

 8                     Access Line Data                                                                                             Quarterly/Semiannually

 

11                    Repair Service-Trouble Reports            Quarterly/Semiannually

 

15                    Answer Time- Repair Service                                                                           Quarterly/Semiannually

 

16                    Answer Time-Business Office                                                               Quarterly/Semiannually

 

19                    Central Office NXX Data                                                                                 Semiannually with Monthly Updates

 

 

 

 

 

 

 

 

 

 

 

FORM PSC/SSC 28 (X/XX)

 

 

NAME OF COMPANY (a) _______________________________________            RULE 25-4.0185066, F. A. C.

 

SCHEDULE 2 (Rule 25-4.066)                       COMPLETED NEW BASIC LOCAL TELECOMMUNICATIONS PRIMARY SERVICE ORDERS

 

QUARTER ENDING MONTH (b) _______________                                                                                  QUARTER ENDING (c) ____________

 

 

 

 

Enter the name of the company in line a.

If the exchange is greater than 50,000 access lines enter the month and year of the reported data in line b.  If the exchange is less than 50,000 access lines enter the quarter and year for exchanges with less than 50,000 access lines in line c, since the data is to be accumulated over the entire quarter. Enter the ending period of the report (such as March 31, 2004)  if month three was March, 2004) in line b.

 

1)      Under column 1, group exchanges together for those having access lines of 50,000 or more and separately group together exchanges having fewer than 50,000 access lines.Enter the name of the exchange in column 1.

2)      Enter the total number of basic local telecommunications primary service order requests received during the quarter.

3)      Enter the number of orders being held for new construction.

4)      Enter the total number of orders completed within 3 days including appointments. and customer requests met.

5)      Enter the percentage of service orders completed within 3 days (column 4 divided by column 2 minus column 3).

6)      Enter Y if at least 90% were completed or N if the rule was not met.

7)      Enter the total number of orders completed within 30 days.

8)      Enter the percentage of service orders completed within 30 days (column 7 divided by column 2 minus column 3).

9)      Enter Y if 95% were completed within 30 days or N if the rule was not met.

10)    Enter the percentage of service orders completed within 30 days (column 10 divided by column 2 minus column 3).

11)    Enter the percentage of service orders completed within 60 days.

12)    Enter Y if 100% were completed within 60 days or N if the rule was not met.

 

FORM PSC/SSC 28 (X/XX)

 

 

NAME OF COMPANY (a) _______________________________________            RULE 25-4.0185066, F. A. C.

 

SCHEDULE 3 (Rule 25-4.066)                       SUMMARY OF HELD APPLICATIONS

 

MONTH (b) _______________

 

 

Enter the name of the company line a.

Enter the month and year of the reported data in line b.

1)   Enter the name of the exchange.

2)   Enter the total number of orders waiting on right-of-way or permits.

3)   Enter the total number of orders held for OSP construction.

4)   Enter the total number of orders held for central office equipment.

5)   Enter the total number of orders held due to other company circumstances and explain the reason for the delay.

6)   Enter the total number of orders held due to action on the part of the subscriber.

7)   Enter the total number of orders aged 31-60 days.

8)   Enter the total orders aged over 60 days.

 

 

 

 

 

 

 

 

 

 

 

 

FORM PSC/SSC 28 (X/XX)

 

 

NAME OF COMPANY (a) _______________________________________                                                         RULE 25-4.0185, F. A. C.

 

SCHEDULE 8                                                             ACCESS LINE DATA

 

QUARTER AND YEARMONTH (b) _______________

 

 

 

Enter the name of the company in line a.

Enter the quarter and year month of the reported data in line b.

1)                  Enter the name of the exchange in column 1.

2)                  Enter the total retail lines in column 2.

3)                  Enter the number of residential retail lines in column 3.

4)                  Enter the number of business retail lines in column 4.

5)                  Enter the total number of resale lines in column 5.

6)                  Enter the number of residential resale lines in column 6.

7)                  Enter the number of business resale lines in column 7.

8)                  Enter the total number of unbundled network element-platforms (UNE-P) in column 8.

9)                  Enter the number of residential UNE-P in column 9.

10)              Enter the number of business UNE-P in column 10.

11)              Enter the total number of pay phone access lines in column 11.

12)              Enter the total number of access lines in column 12 by adding columns 2, 5, 8, and 11.

 

 

 

 

 

 

FORM PSC/SSC 28 (X/XX)

 

 

NAME OF COMPANY (a) _______________________________________                                                         RULE 25-4.0185070, F. A. C.

 

SCHEDULE 11 (Rule 25-4.070)                                REPAIR SERVICE-TROUBLE REPORTS

 

QUARTER ENDING MONTH (b) _______________                                                                                  QUARTER ENDING (c) _______________

 

 

Exchange	Total Reports	Total Exempt	Out of Service	Cleared Within 24 Hours	% Cleared Within 24 Hours	Rule Satisfied (Y or N)	Service Affecting	Cleared Within 72 Hours	% Cleared Within 72 Hours	Rule Satisfied (Y or N)
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)

 

Enter the name of the company in line a.

If the exchange is greater than 50,000 access lines enter the month and year of the reported data in line b. 

If the exchange is less than 50,000 access lines enter the quarter and year for exchanges with less than 50,000 access lines in line c, since the data is to be accumulated over the entire quarter. Enter the ending period of the report (such as March 31, 2004) if month three was March, 2004) in line b.

1)      Under column 1, group exchanges together for those having access lines of 50,000 or more and separately group together exchanges having fewer than 50,000 access lines.Enter the name of the exchange in column 1.

2)      Enter the total of all trouble reports received during the quarter. in each exchange in column 2.

         Note:  If it is determined that a trouble involves inside wire or CPE, the trouble report should be closed at that time and recorded as cleared if the company has notified or attempted to notify the customer of the cause within the required time frame.  If the required time frame is not met, the trouble shall be counted as not cleared. 

3)      Enter the total number of exempted reports for each exchange in column 3.

         Note: Exempt reports are those due to emergency situations such as unavoidable casualties where at least 10% of an exchange is out-of-service. 

4)      Enter the total number of Out-Of-Service (OOS) reports in column 4.  Include Customer Requests beyond 24 hours and Appointments made when a premises visit is made in order to obtain access.

5)      Enter the total number of OOS troubles cleared within 24 hours in column 5.  Customer Requests and Appointments are counted as being cleared within 24 hours if the trouble has been cleared within the agreed date.

6)      Enter the percent of OOS troubles cleared within 24 hours in column 6 (column 5 divided by column 2.

7)      Enter a “Y” if at least 9095% were completed or an “N” if not in column 7.

 

 

FORM PSC/SSC 28 (X/XX)

 

 

8)      Enter the total number of Service Affecting (SA) trouble reports in column 8.

9)      Enter the number of SA reports cleared within 72 hours in column 9.  Customer Requests and Appointments are counted as being cleared within 72 hours if the trouble has been cleared within the agreed date.

10)    Enter the percent of SA troubles cleared within 72 hours in column 10 (column 9 divided by column 8).

11)    Enter a “Y” if at least 9095% were completed or an “N” if not in column 11.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FORM PSC/SSC 28 (X/XX)

NAME OF COMPANY (a) ______________________________________                                               RULE 25-4.0185073, F. A. C.

 

SCHEDULE 15 (Rule 25-4.073)                                 ANSWER TIME-REPAIR SERVICE

 

QUARTER ENDING (b) _______________                                                                                                                          Period Ending (b)

 

Month (c)

Month (d)

Month (e)

Categories

Attempts   (1)

AnsweredAns’d w/in Std.   (2)

Percent AnsweredAns’d w/in Std. (3)

Std. Met Yes or No   (4)

Attempts   (5)

Ans’d w/in Std.   (6)

Percent Ans’d w/in Std. (7)

Std. Met Yes or No   (8)

Attempts   (9)

Ans’d w/in Std.   (10)

Percent Ans’d w/in Std. (11)

Std. Met Yes or No   (12)

Automated Answer w/in 3015 Sec (IVRU)

Answered Ans’d by Attendant w/in 9030 Sec (No IVRU)

Answered Ans’d by Attendant w/in 9055 Sec (IVRU)

 

Enter the name of the company in line a.

Enter the ending period of the report (such as March 31, 2004)  if month three was March, 2004) in line b.

Enter the name of the month for the first month’s data (such as January) in column c.

First Month’s Data

1)                  Enter the total number of calls to the business and repair offices in columns by category during the quarter.

2)                  Enter the total number of calls that were answered within standard in column 2.

3)                  Enter the percentage of calls that were answered within the standard (column 2 divided by column 1) in column 3.

4)                  Enter whether the standard was met.  Enter "Y" for Yes or "N" for No in column 4.

 

FORM PSC/SSC 28 (X/XX)

 

Enter the name of the month for the second month’s data (such as February) in column d.

5)         Enter the total number of calls to repair in column 5 by category.

6)         Enter the total number of calls that were answered within the standard in column 6.

7)         Enter the percentage of calls that were answered within the standard (column 6 divided by column 5) in column 7.

8)         Enter whether the standard was met.  Enter "Y" for Yes or "N" for No in column 8.

 

Enter the name of the month for the third month’s data (such as March) in column e.

9)         Enter the total number of calls to repair in column 9 by category.

10)       Enter the total number of calls that were answered within the standard in column 10.

11)       Enter the percentage of calls that were answered within the standard (column 10 divided by column 9) in column 11.

12)       Enter whether the standard was met.  Enter "Y" for Yes or "N" for No in column 12.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF COMPANY           (a)                                                                                                                                          RULE 25-4.073, F. A. C.

 

SCHEDULE 16                                                           ANSWER TIME-BUSINESS OFFICE

 

MONTH (b)______________________

 

Period Ending (b)

Month (c)

Month (d)

Month (e)

Categories

Attempts   (1)

Ans’d w/in Std.   (2)

Percent Ans’d w/in Std. (3)

Std. Met Yes or No   (4)

Attempts   (5)

Ans’d w/in Std.   (6)

Percent Ans’d w/in Std. (7)

Std. Met Yes or No   (8)

Attempts   (9)

Ans’d w/in Std.   (10)

Percent Ans’d w/in Std. (11)

Std. Met Yes or No   (12)

Automated Answer w/in 15 Sec (IVRU)

Ans’d by Attendant w/in 30 Sec (No IVRU)

Ans’d by Attendant w/in 55 Sec (IVRU)

 

Enter the name of the company in line a.

Enter the ending period of the report (such as March 31, 2004 if month three was March, 2004) in line b.

Enter the name of the month for the first month’s data (such as January) in column c.

1)         Enter the total number of calls to the business office in column 1 by category

2)         Enter the total number of calls that were answered within standard in column 2.

3)         Enter the percentage of calls that were answered within the standard (column 2 divided by column 1) in column 3.

4)         Enter whether the standard was met.  Enter "Y" for Yes or "N" for No in column 4.

 

Enter the name of the month for the second month’s data (such as February) in column d.

5)         Enter the total number of calls to the business office in column 5 by category.

6)         Enter the total number of calls that were answered within the standard in column 6.

 

 

 

7)         Enter the percentage of calls that were answered within the standard (column 6 divided by column 5) in column 7.

8)         Enter whether the standard was met.  Enter "Y" for Yes or "N" for No in column 8.

 

Enter the name of the month for the third month’s data (such as March) in column e.

9)         Enter the total number of calls to the business office in column 9.

10)       Enter the total number of calls that were answered within the standard in column 10.

11)       Enter the percentage of calls that were answered within the standard (column 10 divided by column 9) in column 11.

12)       Enter whether the standard was met.  Enter "Y" for Yes or "N" for No in column 12.

 

 

 

 

 

NAME OF COMPANY         (a)                                                                                                                                            RULE 25-4.0185, F. A. C.

 

SCHEDULE 19                                                           CENTRAL OFFICE NXX DATA

 

MONTH (b)  ______________

                       

 

Enter the name of the company in line a.

Enter the month and year of the reported data in line b.

1)                  Enter the Area Code in column 1.

2)                  Enter the three digit central office identifier in column 2.

3)                  Enter in column 3 an (a) if this is the only switch or home switch for the NXX or enter (b) if this is a remote switch.

4)                  Enter the name of the central office in column 4.

5)                  Enter the name of the Exchange in column 5.

6)                  Enter the LATA or Market Area in column 6.

7)                  Enter the toll center name in column 7.

8)                  Enter the milliwatt supply number for the designated NXX in column 8.

9)                  Enter the quiet line determination number for the central office in column 9.

10)              Enter the central office telephone number in column 10.

11)              Enter the Common Language Location Identifier (the 11 digit alphanumeric code used to identify the location) in column 11.