PUBLIC UTILITY COMMISSION
Harrisburg, PA. 17105-3265
Public Meeting held August 17, 2000
Commissioners Present:
John M. Quain, Chairman
Robert K. Bloom, Vice Chairman
Nora Mead Brownell
Aaron Wilson, Jr.
Terrance J. Fitzpatrick
Application of Universal Access, Inc. for Docket Number
approval to offer, render, furnish, or supply A-310903
telecommunication services as a Competitive
Local Exchange Carrier to the public in
the Commonwealth of Pennsylvania.
Application of Universal Access, Inc. for A-310903 F0002
approval to offer, render, furnish, or supply
telecommunication services as a facilities-based
Interexchange Toll Carrier to the public in the
Commonwealth of Pennsylvania.
ORDER
BY THE COMMISSION:
On January 10 and February 17, 2000, Universal Access, Inc. (Universal or Applicant), filed Applications seeking a Certificate of Public Convenience pursuant to the Telecommunications Act of 1996, 47 U.S.C. §§201, et seq., (TA-96)[1] and to Chapter 11 and 30 of the Public Utility Code (Code) (66 Pa. C.S. §1101, et seq., and §§3001, et seq.) evidencing authority to provide telecommunication services as a Competitive Local Exchange Carrier (CLEC) on a facilities-based and resold basis and as a facilities-based Interexchange (IXC) Toll Carrier to residential and business customers in the Commonwealth of Pennsylvania.
The Applicant complied with Section 5.14 of our regulations, 52 Pa Code §5.14, relating to applications requiring notice. No protests were filed. No hearings were held.
The Applicant requests authority to provide services as a CLEC in the service territories of Bell Atlantic-Pennsylvania, Inc. (Bell), GTE North, Inc. (GTE) and Sprint/United. The Applicant asserts that it will not be a rural telephone company. The Applicant served a copy of the Application upon Bell, GTE and Sprint/ United.
The Applicant is an Illinois Corporation with its principal place of business at 100 N. Riverside Plaza, Suite 2200, Chicago, Illinois 60606, phone (312) 660-5000, fax (312) 660-5050. Complaints may be resolved by calling Cathy Zygadlo, Customer Service Manager, at the Applicant’s principal place of business.
The Applicant is not currently doing business in Pennsylvania and has no affiliates or predecessors doing business either in or outside of Pennsylvania. Furthermore, the Applicant neither provides services to nor receives services from any affiliates.
Issues affecting CLECs have been addressed and are being addressed in a number of Commission proceedings.[2] A CLEC applicant is expected to adhere to the requirements relative to universal service and lifeline programs, as initially set forth or as subsequently enlarged or modified.[3] Further, Section 253(b) of the TA-96 permits a state commission to impose, on a competitively neutral basis and consistent with the Universal Service Section, requirements necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunication services, and safeguard the rights of consumers. In response, we articulated explicit concerns relative to an applicant’s financial fitness, tariff compliance, and rates.[4]
The Applicant has provided financial information to support its Application. We, therefore, conclude that the Applicant has demonstrated that it is financially capable of providing telecommunication services to the public as a CLEC and as an IXC Toll Carrier.
We conclude that the Applicant has met the requirements for certification as a CLEC and as an IXC Toll Carrier consistent with this Order. Premised upon our review of the Application and the proposed Initial Tariffs, and consistent with our Orders, the Code, our Regulations and the TA-96, we conclude that the Applicant’s proposed services do not raise concerns at this time regarding safety, adequacy, reliability, or privacy as contemplated by Section 3009(b)(4) of the Code. We note, however deficiencies in the proposed Initial Tariffs. See Appendix A.
We shall direct the Applicant to revise the proposed Initial Tariffs in accordance with the changes noted in Appendix A of this Order.[5] The Applicant shall thereafter file Compliance Tariffs reflecting the requested changes on or before sixty (60) days from the date of entry of this Order. Copies of the Compliance Tariffs shall also be served upon the same entities receiving service of the original Applications, including the ILECs. If the time required for such resolution and filing exceeds sixty (60) days, the Applicant may request an extension of an additional sixty (60) days with the Commission’s Secretary. Thus, if the Compliance Tariffs are not filed within 60 days (120 days including the extension) of the date of entry of this Order, the Applications will be dismissed and the authority granted herein will be revoked without further Commission Order. To the extent that the proposed Initial Tariffs contain rates, the Compliance Tariffs may become effective on one (1) day’s notice from the date upon which they are filed and served.
Conclusion
Accordingly, we shall grant the Applications. Upon the establishment of filed rates and the approval of the Compliance Tariffs, a Certificate of Public Convenience shall be issued evidencing the Applicant’s authority to provide services as an IXC Toll Carrier and as a CLEC in the Commonwealth, consistent with this Order and our decisions in the MFS and such other proceedings:
THEREFORE,
IT IS ORDERED:
1. That the Application of Universal Access, Inc., at Docket No. A-310903, for authority to operate as a reseller and facilities-based Competitive Local Exchange Carrier within the service territories of Bell, GTE North and Sprint/United, is granted consistent with this order.
2. That the Application of Universal Access, Inc., at Docket No. A-310903 F0002, for authority to operate as a facilities-based Interexchange Toll Carrier throughout the Commonwealth is granted, consistent with this Order.
3. That the Applicant shall file its Compliance Tariffs consistent with the requisite changes noted in Appendix A of this Order, within sixty (60) days after the date of entry of this Order. The Applicant shall serve copies of the Compliance Tariffs on each entity receiving a copy of the original Application. If the proposed Initial Tariffs contained rates, the Compliance Tariffs may become effective on or after one (1) day’s notice from the date upon which it is filed and served. If the proposed Initial Tariffs did not contain rates, the Compliance Tariffs may not become effective prior to sixty (60) days from the date upon which they are filed and served. The facilities-based Interexchange Compliance Tariff shall be labeled “Facilities-Based Interexchange Carrier Tariff” and the Competitive Local Exchange Carrier Compliance Tariff shall be labeled “Competitive Local Exchange Carrier Tariff.”
4. That the Applicant shall comply with all the provisions of the Public Utility Code, as now exist or as may be hereafter amended, and with all pertinent rules, regulations, and Orders of the Pennsylvania Public Utility Commission, now in effect or as may be prescribed by the Pennsylvania Public Utility Commission, including but not limited to: the MFS Intelenet, et al., Docket Nos. A-310203F0002, et al.; and the Universal Service Investigation, Docket No. I-00940035; and the Global Order, Docket Nos. P-00991648 and P-00991649.
5. That the authority granted herein, to the extent that it duplicates authority now held by or subsequently granted to the Applicant, shall not be construed as conferring more than one operating right to the Applicant.
6. That the Applicant maintain separate accounting systems for the Interexchange toll operations and the competitive local exchange carrier operations.
7. That the Applicant shall file such affiliated interest agreements as may be necessary relative to any transactions with affiliates.
8. That the Applicant contact each county or municipal authority where it intends to provide telecommunications service, and make the necessary arrangements for the provisioning of Emergency 911 service.
9. That the Applicant shall make 711 abbreviated dialing available to Telecommunications Relay Service and to arrange its switching equipment to translate these calls to the assigned toll-free number, (888) 895-1197, in order to route calls to the Telecommunications Relay Service Provider, in accordance with the Commission’s Order entered February 4, 2000 at Docket No. M-00900239.
10. That in the event that the Applicant has not, on or before sixty (60) days (120 days including an approved extension) from the date of entry of this Order, complied with the requirements set forth herein, the Application at
Docket No. A-310903 and A-310903 F0002 may be dismissed and the authority granted herein revoked without further Commission Order.
11. That upon the establishment of filed rates and approval of the Compliance Tariffs, a Certificate of Public Convenience shall be issued authorizing the Applicant to furnish services as a facilities-based Interexchange Toll Carrier and as a facilities-based and resold Competitive Local Exchange Carrier (within the service territories of Bell, GTE North, and Sprint/United) consistent with this Order.
BY THE COMMISSION,
James J. McNulty Secretary
(SEAL)
ORDER ADOPTED: August 17, 2000
ORDER ENTERED: August 21, 2000
Attachment
7
APPENDIX A
UNIVERSAL ACCESS, Inc
A-310903 F0002 (Interexchange Toll Services)
Tariff deficiencies noted for Tariff No.2
1. The tariff should be identified as Telephone-Pa. P.U.C. No.2. This heading should appear in the upper right corner of every page, along with the section number and page number.
2. The Title Page should read as follows:
UNIVERSAL ACCESS, Inc.
REGULATIONS AND SCHEDULE OF CHARGES
Applicable to
FACILITIES-BASED INTEREXCHANGE TOLL SERVICES
IN
The Commonwealth of Pennsylvania
3. The title page should state the type of service it provides as facilities-based Interexchange Toll Services.
4. Replace the Check Sheet with a Change Sheet. The Change Sheet should be headed as “List of Changes Made by this Supplement” and will indicate the supplement number and the changes made each time a tariff supplement is filed. A second heading “Sheets Affected by this Supplement” may be added to this page.
5. Use of Symbols- Use only the following symbols (symbols (§53.22 of 52 Pa. Code):
Symbol
Increase in rates (I)
Decrease in rates (D)
Change (C)
6. Original Sheet 10, second sentence should read ‘facilities-based interexchange toll services carrier.”
7. Original Sheet 19, Restoration of Service should be in accordance with Chapter 64 of 52 Pa. Code.
8. Original Sheet 20. 2. 10. 1 The late payment charge on for business customers should not exceed 1.5% per month, and for residential customers 1.25% per month on the unpaid balance of the bill and may not include previously accrued late payment charges.
9. Original Sheet 21, 2.13 Same as 2. 10. 1
10. Original Sheet 23, 3.2 (a) Include “If the Customer and the Company are unable to resolve the dispute to their mutual satisfaction, the customer may file an informal complaint with the Bureau of Consumer Services, at the Pennsylvania Public Commission, P.O. Box 3265, Harrisburg, PA 17105-3265, phone 1-800-782-1110, fax 717-787-6641, in accordance with the Commission rules of procedures. The Bureau of Consumer Services shall have primary jurisdiction over customer complaints.
(b) Add the Company contact person’s name phone number, and the fax number to this page as the Company contact for resolving disputes.
UNIVERSAL ACCESS, INC.
Docket No. A-310903
Tariff for Competitive Local Exchange Carrier Services
Tariff deficiencies noted: Competitive Local Exchange Carrier Services
1. Title Page should read as follows:
UNIVERSAL ACCESS, INC.
REGULATIONS AND SCHEDULE OF CHARGES
Applicable to
COMPETITIVE LOCAL EXCHANGE CARRIER SERVICES
Provided by
UNIVERSAL ACCESS, INC.
100 N. Riverside Plaza,
Suite 2200
Chicago, Illinois 60606
IN
The Commonwealth of Pennsylvania
IN
The territories serviced by Bell Atlantic-Pa, GTE North, Inc. and Sprint/United
2. The upper right corner of each tariff page should read Tariff Telephone-Pa. P.U.C.
No.1.
3. Add a change sheet (one page) as Page 2 of the tariff. It should be headed “List of Changes Made by This Supplement” and indicate the supplement number and changes made each time a tariff supplement is filed.
4. The Table of Contents should precede the change sheet.
5. Use of Symbols- Use only the following symbols (symbols (§53.22 of 52 Pa. Code):
Symbol
Increase in rates (I)
Decrease in rates (D)
Change (C)
6. The tariff must include a list of all exchanges and their respective local calling areas that must conform with the local calling areas of the serving incumbent local exchange companies
7. Original Page No.6 The service should be clearly defined as “Competitive Local Exchange Carrier and the service area as being that of Bell Atlantic-Pennsylvania, Inc., GTE North, Inc., and Sprint/United. Define customers as business and residential customers.
8. Need to include language that states services are intended for Business Customers and that residential service shall be made available at the business rates until Company is able to offer residential service.
9. Need to include Lifeline Service in accordance with guidelines issued by the Commission at Docket No.P-00971274.
10. Page 30 The late payment charge for business customers on an overdue bill should not exceed 1.50% per month, and for residential customers 1.25% per month on the unpaid balance of the bill, and may not include previously accrued late payment charges.
(b) Amount of return check charge must be shown.
11. Page 31 Include “If the Customer and the Company are unable to resolve the dispute to their mutual satisfaction, the customer may file an informal complaint with the Bureau of Consumer Services, at the Pennsylvania Public Commission, P.O. Box 3265, Harrisburg, PA 17105-3265, phone 1-800-782-1110, fax 717-787-6641, in accordance with the Commission rules of procedures. The Bureau of Consumer Services shall have primary jurisdiction over customer complaints.
(b) Add the Company contact person’s name phone number, and the fax number to this page as the Company contact for resolving disputes.
12. Rates need to be included.
13. 3.1.2.3.1. non-recurring charges should be clearly defined. Minimum and maximum charges are not allowed in local exchange services.
14. Page 51 Add residential customers are allowed two free directory assistance calls per month.
15 Page 61,62,63 Change Department of Social Services to Department of Public Welfare.
16 Page 66 Indicate how customers will be notified of promotional offerings, and how they can sign up for them. Promotional Offerings are to be filed with the Commission ten days prior to the actual offering to customers.
UNIVERSAL ACCESSS, INC
Docket No. A-310903
Tariff for Switched Access Services
Tariff deficiencies noted: Switched Access Services
1 Switched Access Tariffs are required for facilities-based competitive local exchange carriers. Applicant must comply with 52 Pa. Code §53.1-53.10 and §53.21-53.26. Tariff should be Tariff Telephone-Pa.P.U.C. No. 3. This heading should appear in the upper right corner of every tariff page.