Agenda Date: August 9, 2000 Item Number: 2E Docket: UT-990401 Company Name: Verizon Northwest Inc. f/k/a GTE Northwest Incoporated Staff: Suzanne Stillwell, Consumer Affairs Supervisor Recommendation: Grant Verizon Northwest Inc’s (Verizon) request for a waiver until September 1, 2000, of WAC 480-120-141(2)(b), which requires automatic access to rate quotes for consumers using pay phones; grant Verizon’s request for a waiver of WAC 480-120-141(2)(b) as it relates to the originating party on collect calls from inmates at correctional facilities; and deny Verizon’s request for waiver of WAC 480-120-141 (7)(a), emergency calls. Background: On March 4, 1999 Verizon (formerly GTE) filed a petition for a waiver of WAC 480-120-141 (7)(a); and filed a petition for a waiver until January 1, 2000, of WAC 480-120-141(2)(b). Verizon explained in its petition that they sought a waiver of certain parts of the operator service rules because technology and equipment was not available at that time to comply with the Commission’s newly revised rule requirements. In particular, Verizon sought an extension for compliance with WAC 480-120-141(2)(b) until January 1, 2000 to develop the technology to provide automatic verbal rate quotes from a pay phone. Verizon also asked for a waiver of WAC 480-120-141(7)(a). This section of the rule relates to the capabilities of providing emergency access to E-911 and Public Safety Answering Points (PSAP) . Verizon claimed that due to equipment limitations they were unable to transfer a call from an operator to a known PSAP location with a single keystroke, and at the same time provide automatic number identification (ANI). Several companies sought similar waivers of the verbal disclosure requirements from the Federal Communications Commission (FCC). Staff worked with the FCC throughout 1999 to coordinate consistent state and federal response. The FCC did not act on this specific issue for any local exchange company. As a result, Staff likewise did not act on Verizon’s petition. Recently, on July 28, 2000, Verizon asked for an amendment to the originally-filed petition. Verizon states that they cannot complete the necessary changes to comply with WAC 480-120-141 (2)(b) until September 1, 2000. Verizon further asks for additional consideration as it relates to pay phone service from correctional facilities. Verizon seeks a permanent waiver of that portion of the rule requiring automatic rate disclosure, at inmate facilities, to the party originating the operator assisted (collect) call. Discussion: Verbal Disclosure of Rates, WAC 480-120-141 (2)(b) General: The Commission made significant changes to its pay phone and operator services rules in January 1999, to carry out consumer protections regarding pay phone use after deregulation of much of the pay phone industry at the federal level. The Commission’s rules were revised in order to be consistent with the Telecommunications Act of 1996 and subsequent FCC orders relating to pay phones and operator services, and to ensure adequate protections for users of pay phones within Washington state. One of the major additions to the FCC’s rules and subsequently the Commission’s rules is the capability for a consumer to receive a verbal rate quote from the pay phone within no more than two key strokes. In its amended petition, Verizon now indicates that it can comply with the verbal rate disclosure (other than from prison pay phones) by September 1, 2000. Staff recommends granting a temporary waiver of WAC 480-120-141 (2)(b) until September 1, 2000. Staff will conduct an investigation into the practices of Verizon’s operator services in September 2000. If Verizon is not able to offer verbal disclosure in compliance with the rule, it will be subject to penalties. Prison pay phones: Verizon seeks a permanent waiver of that portion of the rule requiring access to automatic rate disclosure to the party originating the operator-assisted (collect) call, when that call originates from an inmate phone at a penal facility. Verizon would still make the verbal disclosure option available to the person receiving the call (i.e., the receiver of a collect call from an inmate), who would ultimately incur the cost of the call. Staff believes this is a reasonable request, as long as Verizon always makes available to the receiver of the collect call automatic access to a rate quote as required by the rule. Staff recommends granting the waiver to WAC 480-120-141 (2)(b) only as it applies to collect calls from inmates at correctional facilities, and only as it applies to the originating, not the receiving, party. Emergency Calls, 480-120-141 (7)(a) In its original petition, Verizon asked for a waiver of WAC 480-120-141(7)(a). This section of the rule relates to the capabilities of providing emergency access to E911 and PSAPs. The rule requires that an operator service provider transfer the caller into the appropriate E-911 system and to the PSAP serving the location of the caller with a single keystroke from the operator's console. This must include automatic identification of the exact location and address from which the call is being made. This request will occur when a caller dials 0 for the operator during an emergency situation. Staff believes this rule is critical for emergency access for consumers who need it . The operator must be able to transfer the caller immediately to the PSAP which displays the location, phone, and address of the pay phone. Verizon recognizes that the capability exists to transfer a call from an operator to a known PSAP location with a single keystroke. In its petition, they noted that they would have to provide a “speed calling-type” service to each of the PSAPs to which a caller could be transferred. Their original petition cited concerns about the cost required to provide trunking from each operator center to the PSAPs. Further, they indicated that to display and forward the address and location, its operators would need to access the E-911 database, which is completely separate from the Line Information Database used by Verizon’s operator services. Staff has partnered with Emergency Management personnel since the inception of this rule change in order to help pay phone service providers and operator service providers comply with this rule. Companies use current technologies such as speed dialing, call forwarding, and three-way calling in order to have one keystroke access to the proper PSAP. Staff believes that Verizon should take the necessary steps to access the E-911 database in compliance with this rule. One of the intentions of the E-911 upgrade around the state was to have a central database that includes all phone numbers and physical locations. To date all locations within Washington have upgraded to the E-911 system. In recent discussions with staff last week, Verizon indicates that the company no longer has the trunking issues, however, access to the E-911 database must be addressed. The company states that they could have the necessary changes implemented in approximately 90 days to ensure compliance with this part of the rule. Staff believes that the company has not adequately shown the need for relief from the requirements of this rule. Emergency access to the appropriate PSAP is vitally important to the safety and welfare of consumers, and Verizon should have been actively working on its systems to meet this requirement since the inception of the rule changes in January 1999. Therefore, Staff recommends that the Commission reject Verizon’s request for a waiver of WAC 480-120-141(7)(a). Conclusion: In Docket UT-990401, Staff recommends that the Commission grant Verizon’s request for a waiver until September 1, 2000, of WAC 480-120-141(2)(b), which requires automatic access to rate quotes for consumers using pay phones; grant Verizon’s request for a waiver of WAC 480-120-141(2)(b) as it relates to the originating party on collect calls from inmates at correctional facilities; and deny Verizon’s request for waiver of WAC 480-120-141 (7)(a), emergency calls.