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PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Telecommunications Division

RESOLUTION T-16546

Public Programs Branch *

August 23, 2001

R E S O L U T I O N

RESOLUTION T-16546. TO IMPLEMENT THE 711 ABBREVIATED DIALING CODE FOR CONNECTION TO THE CALIFORNIA RELAY SERVICE ADMINISTERED BY THE DEAF AND DISABLED TELECOMMUNICATIONS PROGRAM. TO CHANGE THE DEFINITION OF "BASIC SERVICE" AS DEFINED IN DECISION 96-10-066 TO INCLUDE FREE CONNECTION TO THE CALIFORNIA RELAY SERVICE BY MEANS OF THE 711 ABBREVIATED DIALING CODE.

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SUMMARY

This Resolution establishes the abbreviated dialing code 711 for connection to the California Relay Service (CRS) effective October 1, 2001 and adopts the following provisions with regard to 711 service:

BACKGROUND

Federal Communications Commission (FCC) Reports and Orders

In the FCC's CC Docket No. 92-105, on the use of N11 codes and other abbreviated dialing arrangements, FCC 97-51 (First Report and Order) and FCC 00-257 (Second Report and Order) established 711 as a nationwide code to reach Telephone Relay Service (TRS) providers. The purpose of these orders as they relate to 711 is to fulfill the goals set forth in Title IV section 401 of Public Law 101-336, the Americans with Disabilities Act (ADA), by providing persons with hearing and speech disabilities equivalent access to communication by means of a variety of telephony devices and/or processes. The FCC ordered all telecommunications carriers to provide access for customers to TRS as a toll free call.

Working Groups

Public Workshop

TD conducted a public workshop on April 11, 2001, in San Francisco to gather public input regarding the implementation of 711 in the State of California. A workshop notice was posted on the Commission's Daily Calendar on March 29, 2001 (revised April 5, 2001).

Excluding TD staff, 25 individuals, representing the spectrum of affected parties, attended the workshop. Participants included representatives of payphone operators and the Payphone Service Providers Enforcement (PSPE) program, the California Telephone Association (CTA), a variety of Local Exchange Carriers (LECs), national and local wireless providers, members of the deaf community, the Deaf and Disabled Telecommunications Program (DDTP), and both of the state's major relay service providers. At the workshop TD distributed a document entitled "Workshop on 711 Implementation" to participants to encourage discussion and comments. The draft workshop report was released to workshop participants for comments on April 18, 2001.

Workshop Report Comments

Comments on the draft workshop report were due by May 4th, 2001. The following parties submitted comments by the end of the business day May 4th.

Cooper, White & Cooper (on behalf of Roseville Telephone Company) (Roseville)

Deaf and Disabled Telecommunications Program

Pacific Telesis (Pacific)

Verizon

Hale Zukas - World Institute on Disability

Comments were also received from:

AT&T Wireless

Nossman, Guthner, Knox & Elliot (on behalf of California Payphone Association) (CPA)

The Telecommunications Division received and processed the comments and made necessary changes to the workshop report. This Resolution resolves issues unresolved in the Workshop Report. The final Workshop Report was mailed with the Draft Resolution July 24, 2001.

NOTICE OF AVAILABILITY OF DRAFT AND CONFORMED RESOLUTION AND PROTESTS

In accordance with Public Utilities Code section 311(g)(1), a draft resolution was mailed by July 24, 2001, to the parties of record in OIR R-00-05-001, OII I-87-11-031, R.95-01-021, I.95-01-021, those in attendance at the 711 public workshop of April 11, 2001, and those requesting placement on the service list for the workshop and/or subsequent resolutions related to 711. A copy of the cover letter of this mailing was also sent to all Commission telecommunications carriers informing them that the draft resolution is available at the Commission web site: www.cpuc.ca.gov. In a transmittal letter TD has informed the telecommunications carriers that the draft resolution, and subsequently the conformed resolution, is available on the Commission web site. This letter also informs parties that the final Resolution adopted by the Commission will be posted and available at the same web site. This means of distribution is consistent with the Commission's commitment to utilize our Internet web site for distributing Commission orders and information. In addition, a hard copy of the conformed Resolution will be mailed to all parties of record in OIR R-00-05-001, OII I-87-11-031, R.95-01-021, I.95-01-021, those in attendance at the 711 public workshop of April 11, 2001, and those requesting placement on the service list for the workshop and/or subsequent resolutions related to 711. Comments received on a timely basis will be addressed by TD in this resolution. Comments were received from:

AT&T Wireless

Goodin, MacBride, Squeri, Ritchie & Day (on behalf of Verizon Wireless)

Earl Nicholas Selby (on behalf of Nextel Communications)

Verizon

Pacific Bell

Deaf and Disabled Program Administrative Committee

Cooper, White & Cooper (on behalf of Roseville)

DISCUSSION

The fundamental purpose of a unified abbreviated dialing code for access to TRS is to facilitate functionally equivalent access to telecommunication networks by simplifying the various numbers necessary for reaching different relay services. In the past these numbers have varied from state to state as well as from relay service type to relay service type [e.g. Voice Carry Over (VCO), Speech to Speech (STS), and Spanish relay service all have different numbers]. The First Report and Order assigned the abbreviated dialing code 711 to relay services for hearing-impaired and speech-impaired individuals in compliance with Section 401 of Title IV of the Americans with Disabilities Act.

The introduction of the 711 abbreviated dialing code for connection to TRS represents minimal changes to the network functions by which TRS is accessed. However minimal the change to the provision of relay services to the deaf and disabled, implementation of 711 requires some new provisions as well as clarification and amplification of certain provisions with regard to existing TRS regulation.

Technical Feasibility and Minimum Service Quality Standards

The Second Report and Order suggests both Advanced Intelligent Network (AIN) and switch-based technologies are acceptable means for providing connection to the relay service. The Second Report and Order specifies that the specific method of connection to TRS by means of the 711 abbreviated dialing code may be determined by carriers, provided the service does not interfere with TRS's Minimum Service Quality Standards (MSQS) requirements as detailed in Title 47 Section 64.604 of the Code of Federal Regulation. To ensure that the implementation of 711 does not inadvertently reduce the quality of service provision, CRS standards should supercede the federal standards for TRS calls where the CRS standards exceed the federal standards.1

Comments regarding MSQS were received from Roseville. Roseville commented that it was not aware of any service quality standards that applied to carriers and requested clarification thereof. At this time TD is not aware of any service quality standards that would have an impact on Roseville's existing operations and sees no need for removing the language regarding MSQS.

Rate Structures

Title IV of the ADA, which is enforced by the FCC, includes US Code Section 47.225 (d) 1 (D) which requires that "users of telecommunication relay services pay rates no greater than rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination." In order to comply with this federal requirement, calls to CRS via the 711 abbreviated dialing code shall be free of charge. Additionally it should be noted that Title 47 CFR 64.1300(b) specifically prohibits payphone owners from charging for completed calls to TRS providers. Telecommunications carriers that provide dial tone to payphone owners should amend their tariffs to ensure calls from payphones made to CRS via 711 are free. TD recommends that the telecommunications carriers providing service to pay telephones file advice letters by September 15, 2001 to be effective October 1, 2001 that state:

Local calls completed through CRS by the 711 abbreviated dialing code shall be charged rates consistent with company tariffs prior to the designation of 711 as an abbreviated dialing code. Toll and long distance charges may be charged only upon connection to the intended number by CRS. Additionally the FCC recommends, but does not require, the application of reduced toll and long distance rates to accommodate the increased time required by relay conversations. Like the FCC, the Commission supports, but does not require, the reduction of rates for calls made through 711 as a means of ensuring equivalent access to communications for deaf and disabled persons.

Wireless providers stated in comments on the draft workshop report that the language of the rate structure section is preempted by the Omnibus Budget Reconciliation Act of 1993 (OBRA) amendment to the Communications Act, which prevents states from regulating "the entry of or rates charged" for wireless services. This resolution does not set rates for wireless providers.

Comments on rate structures were received from AT&T Wireless, Verizon, and Nextel. All three carriers requested that the rate setting ordering paragraphs expressly exempt wireless carriers.

This recommended clarification is redundant based on the language and intent of the body of this resolution. However, the ordering paragraphs have been revised to exclude wireless carriers from any provisions that establish rate setting requirements.

Basic Service Definition

TD believes changing the definition of basic service to specifically include access to CRS by the 711 abbreviated dialing code is essential to the successful accommodation of deaf and disabled persons. Several facts support this change in definition. 711 service meets three of the four criteria necessary for petitions to make amendments to the definition of basic service as detailed in D-96-10-066, Appendix B Section (4) (D)(3).

The fourth criteria [(d) availability of the service, or the number of subscribers would not increase without intervention] is not applicable because carriers are required to provide the service to 100% of the state's residential customers.

The addition of 711 service to the definition of basic service is consistent with the current requirement in D-96-10-066 to provide "access to telephone relay service as provided for in PU Code 2881." We also agree with the workshop report commenters that the 711 abbreviated dialing code does not represent a fundamental change to the definition of basic service but merely ensures the inclusion of an abbreviated form of a mechanism that is part of the existing definition of basic service. The definition of basic service must be modified in order to ensure that both the rate mechanisms and the breadth of coverage for 711 calls to CRS stay consistent with those already detailed in Decision 96-10-066 and PU Code 2881.

Comments regarding changes to the definition of basic service were received from Roseville. Roseville requested the provision of limiting language making it clear that no precedent is established with respect to the formal procedures that should be followed when expanding the basic service definition citing the TD staff's proposal for expanding the definition of basic service as failing to create an adequate record as required by D.96-10-066.

The April 11 workshop was publicly noticed and changes to the definition of basic service were included in the agenda. During the course of these public meetings and comment periods the content of the proposed change to the definition of basic service was not objected to by any parties. TD believes the noticed public meetings and subsequent comments constitute due process in accordance with PU Code 1708 and recommends no change. We find support for this conclusion in the fact that this Resolution only updates an existing element of universal service.

Education and Outreach

Education and outreach are important parts of the successful implementation of the 711 dialing code. The two primary target communities for education and outreach are providers and consumers. Providers need to be informed of their requirements with regard to 711. Telecommunications carriers that provide dial tone for payphones must inform those customers of the change in applicable tariffs as well as their responsibilities with regard to 711 service.

In order for the deaf, disabled and hearing communities to be aware of implementation of the 711 abbreviated dialing code, local and wireless telecommunications carriers are required to include bill inserts to all of their customers informing them of the existence of 711 on and after October 1, 2001, as well as the availability of alternate relay toll free numbers. The insert must be approved by the Commission's Public Advisor with the assistance of TD prior to mailing and may be sent as a separate mailing but must be received by customers prior to October 1, 2001.

Comments regarding education and outreach were received from AT&T Wireless, Verizon Wireless, Pacific, DDTP, Nextel, and Roseville. AT&T Wireless, Verizon Wireless, and Pacific all commented that bill inserts and separate mailings were not necessarily cost effective means of education and outreach. All three carriers requested language changes that permitted the use of bill messages for education and outreach.

Nextel requested the deadline for customer bill inserts and mailings be extended to November 1, 2001 unless Public Advisor's Office approved samples are included in the resolution. Nextel also requested identification of the alternative numbers for contacting CRS be provided in the resolution.

DDTP recommended the inclusion of requirements for PBX customers in the education and outreach material as well as their participation in the Public Advisor's Office approval of education and outreach material.

Roseville commented that the October 1, 2001 deadline for education and outreach material would be impractical considering the time required for Public Advisor's Office approval and recommended the Commission provide sample language.

TD has reviewed suggested alternatives to bill inserts and separate mailings and recommends the acceptance of bill messages approved by the Public Advisor's Office. Additionally, in order to expedite review, TD recommends DDTP's involvement with the education and outreach materials of the telecommunications carriers be limited to a formal letter to the Public Advisor with its preferences for education and outreach materials. TD does not recommend the extension of the mailing deadline but understands the difficulties related to bill inserts given the time constraints and assures all parties it will expedite all aspects of its involvement in the process to ensure timely delivery of education and outreach materials. Finally, TD recommends carriers contact DDTP for information related to alternative numbers for connection to CRS.

Payphones Signage Requirements

Pay telephone signage provides important information to consumers and pay telephone signage should reflect that connection to CRS via 711 is a free call. We believe that payphone signage should state that 711 is a free call to CRS.

Although payphone owners should begin the process of converting signage as soon as possible, TD agrees with workshop comments that the larger payphone owners cannot change signage of all of their phones by October 1, 2001 without incurring substantial added expenses.

We require the telecommunications carriers that provide dial tone to payphone owners to file tariffs by no later than September 15, 2001, to be effective January 1, 2002, that state the following:

Comments regarding payphone signage were received from Pacific and Verizon. Verizon recommends directing the public to directories for information on 711 rather than using payphone signage. Verizon suggested it will pursue cost recovery from DDTP for signage changes related to 711. Pacific suggested a completion date for signage changes of January 1, 2003, to allow replacement of signage during the normal course of business. Pacific stated that payphones are not regulated by the Commission consistent with section 276 of the 1996 Telecommunications Act. Additionally Pacific stated its costs per phone to be about $7.00 and that the Commission failed to discuss the issue of cost recovery or whether the costs are reasonable in light of the benefits to be received.

TD disagrees with Pacific's implication that the Commission's ability to regulate payphone signage is limited. The FCC has not preempted state authority to impose regulations to provide customers with information and price disclosure. Additionally, TD arrived at the January 1, 2002 date for payphone signage compliance at the public workshop after Pacific representatives requested additional time to change payphone signage during the normal course of business specifically to prevent the need for cost recovery. Representatives for both Verizon and Pacific were present and participated in this process. Finally although none of Pacific's costs related to payphone signage have been justified, their stated costs for signage changes have increased from the public workshop to the comment period. TD recommends no change to the deadline for signage requirements.

FINDINGS

THEREFORE, IT IS ORDERED THAT:

This Resolution is effective today.

I hereby certify that this Resolution was adopted by the Public Utilities Commission at its regular meeting on August 23, 2001. The following Commissioners approved it:

1 TRS is the name used for relay service by the FCC. CRS is the name for the relay service in California.

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