20VAC5-428 Rules Governing Local Exchange Telecommunications Carrier Retail Service Quality

REGULATIONS

Vol. 25 Iss. 9 - January 05, 2009

TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

Chapter 428

Reproposed Regulation

REGISTRAR’S NOTICE: The State Corporation Commission is exempt from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.

Titles of Regulations: 20VAC5-427. Rules for Local Exchange Telecommunications Company Service Quality Standards (repealing 20VAC5-427-10 through 20VAC5-427-170).

20VAC5-428. Rules Governing Local Exchange Telecommunications Carrier Retail Service Quality (adding 20VAC5-428-10 through 20VAC5-428-120).

Statutory Authority: §§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246 and 56-479 of the Code of Virginia.

Public Hearing Information:

March 10, 2009 - 10 a.m. - State Corporation Commission Courtroom, 2nd Floor, 1300 East Main Street, Richmond, VA

Public Comments: Public comments may be submitted until 5 p.m. on February 5, 2009.

Agency Contact: Steven Bradley, Assistant Director, Division of Communications, State Corporation Commission, P.O. Box 1197, 1300 East Main Street, Richmond, VA 23218, telephone [phone], FAX (804) 371-9069, or email [e-mail].

Summary:

The regulations apply to all certified local exchange carriers and prescribe a minimum acceptable level of quality of service under normal operating conditions. They also set forth enforcement and sanction processes to address any concern for inadequate service. The revised proposed regulations require a company with 10,000 or more network access lines to file quarterly performance reports, which can be made publicly available, but only if it fails to meet a given standard for one or more months. In addition to the four performance standards originally proposed, the commission now seeks comment on three additional performance standards, which include repeat report rate, outside plant trouble report rate, and central office trouble report rate. The revised proposed regulations would eliminate the originally proposed rule relating to the network relocation and rearrangement in favor of an industry working group.

AT RICHMOND, DECEMBER 15, 2008

COMMONWEALTH OF VIRGINIA

STATE CORPORATION COMMISSION

CASE NO. PUC-2008-00047

Ex Parte: Revision of Rules for
Local Exchange Telecommunications
Company Service Quality Standards

SECOND ORDER FOR NOTICE AND HEARING

On June 17, 2008, the State Corporation Commission ("Commission") issued an Order Prescribing Notice, Scheduling Hearing, and Inviting Comments ("Order Prescribing Notice") that established this proceeding for the purpose of: (1) repealing the current Rules for Local Exchange Telecommunications Company Service Quality Standards, 20 VAC 5-427-10 et seq.; and (2) considering the adoption of new Rules Governing Local Exchange Telecommunications Carrier Retail Service Quality ("Proposed Rules"), 20 VAC 5-428-10 et seq. The Commission provided for publication of the Proposed Rules, permitted interested persons to submit written and electronic comments thereon, directed the Commission's Staff ("Staff") to file a response to such comments, and scheduled a public hearing for September 25, 2008.

On September 15, 2008, the Staff filed a response to the written and electronic comments submitted in this proceeding. As part of such response, the Staff provided a summary of each comment and noted that comments were received from the following: Office of the Attorney General's Division of Consumer Counsel; Communications Workers of America; Utility Professional Services, Inc. ("Utility Pros"); Nancy Anderson; Ellen Boone; Alexander Chinoy; Vincent Cody; Curtis Darlington; M. Timothy Firebaugh; Arthur Garrison; Patrick Geraghty; Richard Hampton; Joyce Hann; Peter Hudik; James R. Jones; Elizabeth Piaskecki; Gerald T. Yost; John T. O'Mara; Cox Virginia Telcom ("Cox"); Virginia Cable Telecommunications Association ("VCTA"); AT&T Communications of Virginia and TCG Virginia ("AT&T"); Cavalier Telephone ("Cavalier") and XO Virginia; Central Telephone Company and United Telephone Southeast ("Embarq"); NTELOS Telephone Company, Roanoke and Botetourt Telephone, NTELOS Network, and R&B Network ("NTELOS"); Virginia Telecommunications Industry Association ("VTIA"); Verizon; and PAETEC Communications and US LEC Corp. ("PAETEC").

On September 25, 2008, the Commission held a public hearing at which it received comments from persons on behalf of the following: Utility Pros; Embarq; VCTA; Cavalier; Cox; VTIA; Verizon; MGW Telephone Company; Shentel; and the Staff.

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds as follows.

Code of Virginia

We find as a matter of law – and no commenter disputed – that this Commission has the legal authority to promulgate minimum service quality standards for local exchange telecommunications carriers ("LECs") operating in the Commonwealth of Virginia. As noted in Rule 10 A,¹ the Proposed Rules: (1) "[are] promulgated pursuant to §§ 56-35, 56-36, 56‑234, 56‑234.4, 56-246, 56-247, 56-249, and 56-479 of the Code of Virginia [("Code")] and shall apply to [LECs] providing local exchange telecommunications services within the Commonwealth of Virginia;" and (2) "prescribe[] the minimum acceptable level of service quality under normal operating conditions."

Some of the commenters, however, asserted that service quality rules are not necessary but, rather, should be left to the marketplace.² For example, Verizon asserts that the language of Va. Code § 56‑265.4:4 B 3 (ii) directing the Commission to "require equity in the treatment of certified [LECs] so as to encourage competition based on service, quality and price differences between alternative providers" essentially means that we should not place regulatory service quality standards on LECs that are more burdensome than those placed on Voice over Internet Protocol ("VoIP") and wireless providers—both of which are not subject to the Commission's jurisdiction but, nevertheless, may be competitors to a LEC's landline services.³ In effect, therefore, Verizon urges us to read Va. Code § 56‑265.4:4 B 3 (ii) to say that service quality regulation by the Commission cannot exceed comparable federal service quality regulation of VoIP and wireless providers. We disagree. The General Assembly could have explicitly amended this Code provision to mirror the federal regulatory regime, but we do not interpret the plain language of this statute to restrict service quality in the Commonwealth in such a way.⁴

We do not dispute that landline service from LECs, as a category, is losing market share to other forms of telephone service, including VoIP and wireless. Indeed, we have recognized this marketplace reality in recent orders.⁵ We acknowledge that VoIP, cable and wireless providers do not face the same state regulation as LECs do. We find, however, that as a matter of law the General Assembly has not directed this Commission to leave service quality standards for landline service from LECs solely to the marketplace.

Finally, protecting the public health and safety and protecting economic well-being should be priorities in ensuring minimum service quality. We note that public health and safety issues differentiate landline LEC service from VoIP and wireless, which are under federal jurisdiction. Although the provision of "reasonably adequate service and facilities" is not explicitly limited to public health and safety or economic impacts on customers under the statute, and we do not limit our inquiry to those issues here, we find that it is reasonable to examine further the impact on public health and safety, as well as potential economic impacts, in adopting specific service quality standards.

Revised Proposed Rules

Based on comments received on the proposed new service quality rules, and having affirmed our decision to promulgate new service quality standards pursuant to the Commission's statutory authority, we request additional information on specific performance standards and on revisions to the Proposed Rules. Specifically, attached hereto are modifications to the Proposed Rules ("Revised Proposed Rules"), and we seek additional comments thereon. Although we request comment on these revised rules, we clarify that provisions included, or excluded, from the Revised Proposed Rules do not represent final findings by the Commission in this proceeding as to such provisions.

While we do not discuss herein each of the changes contemplated by the Revised Proposed Rules, we note that the comments received to date have prompted a number of questions as to Rule 90.⁶ Revised Proposed Rule 90 addresses specific performance standards applicable to, among other things, restoration of out-of-service trouble reports, completion of installation service orders, and field dispatch for installation and repair commitments. We seek comments on what the specific minimum standards should be for these items, especially in light of our finding that priority should be placed on protecting the public health and safety and minimizing economic impacts of service interruptions in establishing minimum service quality standards. For example, upon what basis should the Commission adopt the specific metrics for out-of-service trouble reports, and/or in what manner should such metrics be modified? In addition, the Commission seeks comment on Revised Proposed Rules 90 B (1) and (3), pertaining to out-of-service trouble reports and installation service orders, that remove from noncompliance a time interval that exceeds the required standard when it has been caused by any customer, or when it has been explicitly requested or accepted by a residential customer. Our revisions raise the issue of whether, for business customers, restoration or installation of service that is not done in a timely manner can cause serious economic harm to the business customer, particularly small businesses.

Further, and in response to comments submitted by certain LECs regarding the integrity of a LEC's network, the Revised Proposed Rules also include provisions regarding repeat trouble reports, central office trouble reports, and outside plant trouble reports. Also in response to comments by certain LECs, the quarterly performance reports required by the Revised Proposed Rules only apply for a quarter in which the LEC failed to meet a standard.

Moreover, Proposed Rule 40, relating to network relocation and rearrangement, has been deleted from the Revised Proposed Rules about which we are now seeking additional comment. We acknowledge that developers have expressed frustration with respect to the receipt of prompt, detailed estimates associated with the relocation or rearrangement of LEC facilities. However, due to the complexity and breadth of the issues involved in this proceeding, we seek comment on whether it is advisable to limit the present rulemaking to the consideration of service quality subject matter already addressed in the Current Rules and whether we should direct the Staff to convene an industry working group, including representatives from Virginia's electric utilities, to draft guidelines pertaining to the relocation or rearrangement of utility facilities for the Commission's consideration.

Accordingly, IT IS HEREBY ORDERED THAT:

(1) The Commission's Division of Information Resources shall forward the revised proposed Rules Governing Local Exchange Telecommunications Carrier Retail Service Quality (Chapter 428), Appendix A herein, to the Registrar of Virginia for publication in the Virginia Register of Regulations.

(2) The Commission's Division of Information Resources shall make a downloadable version of the revised proposed Rules Governing Local Exchange Telecommunications Carrier Retail Service Quality, Appendix A, available for access by the public at the Commission's website, http://www.scc.virginia.gov/case. The Clerk of the Commission shall make a copy of the revised proposed Rules Governing Local Exchange Telecommunications Carrier Retail Service Quality available for public inspection and provide a copy, free of charge, in response to any written request for one.

(3) Interested persons wishing to submit written comments regarding the revised proposed Rules Governing Local Exchange Telecommunications Carrier Retail Service Quality shall file such written comments with the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118, on or before February 5, 2009, making reference to Case No. PUC-2008-00047. Interested persons desiring to submit comments electronically by this date may do so by following instructions found on the Commission's website, http://www.scc.virginia.gov/case.

(4) On or before March 2, 2009, the Commission Staff is directed to file a Report on the issues raised in this Order and in response to the comments that are filed with the Commission.

(5) The Commission shall conduct a hearing in the Commission's Courtroom, Second Floor, Tyler Building, 1300 East Main Street, Richmond, Virginia at 10:00 a.m. on March 10, 2009, to consider the adoption of the Revised Proposed Rules.

(6) On or before December 31, 2008, the Commission's Division of Information Resources shall publish the following notice as classified advertising in newspapers of general circulation throughout the Commonwealth of Virginia.

NOTICE TO THE PUBLIC OF A PROCEEDING TO ADOPT REVISED RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY CASE NO. PUC-2008-00047

By Order dated September 30, 2005, in Case No. PUC‑2003-00110, the State Corporation Commission ("Commission") adopted Rules for Telecommunications Company Service Quality Standards ("Current Rules") (20 VAC 5‑427‑10). Thereafter, by Order dated June 17, 2008, the Commission indicated that is was considering the repeal of the Current Rules and the adoption of a revised set of rules styled Rules Governing Local Exchange Telecommunications Carrier Retail Service Quality ("Proposed Rules"). In accordance with the Order dated June 17, 2008, Commission received written comments regarding, and conducted a hearing associated with, the Proposed Rules.

Upon review of the previously submitted written comments and consideration of statements made at the hearing on September 25, 2008, the Commission is now considering revisions to the Proposed Rules. Interested parties may obtain a copy of the revised Proposed Rules by visiting the Commission's website, http://www.scc.virginia.gov/case, or by requesting a copy from the Clerk of the State Corporation Commission. The Clerk's office will provide a copy of the revised Proposed Rules to any interested party, free of charge, in response to any written request for one.

Interested persons wishing to submit written comments regarding the revised Proposed Rules shall file such written comments with the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118, on or before February 5, 2009, making reference to Case No. PUC-2008-00047. Interested persons desiring to submit comments electronically may do so by following instructions found on the Commission's website, http://www.scc.virginia.gov/case.

A public hearing to consider the Revised Proposed Rules shall be convened at 10:00 a.m. on March 10, 2009, in the Commission's Courtroom, Second Floor, Tyler Building, 1300 East Main Street, Richmond, Virginia. Any person desiring to comment orally at the public hearing need only appear at the Commission's Second Floor Courtroom in the Tyler Building at the address set forth above prior to 9:45 a.m. on the day of the hearing and register a request to speak with the Commission's bailiff.

VIRGINIA STATE CORPORATION COMMISSION

(7) This matter is continued for further orders of the Commission.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: Meade Browder, Jr., Senior Assistant Attorney General, Division of Consumer Counsel, Office of Attorney General, 900 East Main Street, 2nd Floor, Richmond, Virginia 23219; all local exchange carriers certificated in Virginia as set out in Appendix B; and the Commission's Office of General Counsel and the Division of Communications.

_______________________________

¹ References herein to a particular proposed rule will be shortened to wit: "Rule 10 A" is Proposed Rule 20 VAC 5‑428‑10 A.

² See, e.g., Verizon August 21, 2008 Comments at 12-13; AT&T August 21, 2008 Comments at 2; Tr. at 55‑56. Despite this assertion, however, no commenter has identified a specific Code provision precluding the Commission from adopting service quality rules. See, e.g., Tr. at 55 (Statement of Lydia R. Pulley, Esquire, on behalf of Verizon: "It is not Verizon's position that the General Assembly stripped the Commission of the ability to adopt service quality rules or service quality standards.")

³ See, e.g., Verizon's August 21, 2008 Comments at 7; Tr. 58-60. Both VoIP and wireless are subject to federal rather than state jurisdiction and the General Assembly has specifically precluded the Commission from regulating VoIP services. See Va. Code § 56-1.3.

⁴ Section 56-235.5 of the Code, pertaining to "alternative" forms of telephone company regulation, serves as additional support for the Commission's retained authority to regulate service quality. Section 56‑235.5 B (ii) provides that the Commission should consider service quality when deciding whether to approve a LEC's alternative regulatory plan. Similarly, § 56-235.5 D (ii) provides that the Commission may alter or revoke the terms of an alternative regulatory plan if it finds that "the quality of local exchange telephone service has deteriorated or will deteriorate to the point that the public interest will not be served by continuation of the alternative form of regulation."

⁵ See Application of Verizon Virginia Inc. and Verizon South Inc. for a Determination that Retail Services are Competitive and Deregulating and Detariffing the Same, Case No. PUC-2007-00007, 2007 S.C.C. Ann. Rep. 225 (Dec. 14, 2007).

⁶ A number of revisions to the Rules, which are suggested by various commenters and not opposed by the Staff, have been included in the Revised Proposed Rules.

CHAPTER 428
RULES GOVERNING LOCAL EXCHANGE TELECOMMUNICATIONS CARRIER RETAIL SERVICE QUALITY

20VAC5-428-10. Applicability; definitions.

A. This chapter is promulgated pursuant to §§ 56-35, 56-36, 56-234, 56-234.4, 56-246, 56-247, 56-249, and 56-479 of the Code of Virginia and shall apply to local exchange carriers (LECs) providing local exchange telecommunications services within the Commonwealth of Virginia. This chapter prescribes the minimum acceptable level of service quality under normal operating conditions. The commission may, after investigation and at its discretion, suspend application of this chapter during force majeure events, which include natural disaster, severe storm, flood, work stoppage, civil unrest, major transportation disruptions, or any other catastrophic events beyond the control of a LEC.

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Automated answering system" means a system where customer calls are received and directed to a live agent or an automated transaction system.

"Automated transaction system" means a system where customer transactions can be completed without the assistance of a live agent, and include the option to reach a live agent before the completion of an automated transaction.

"Central office" means a LEC-operated switching system, including remote switches and associated transmission equipment.

"Central office serving area" means the geographic area in which local service is provided by a LEC's central office and associated outside plant.

"Commission" means the Virginia State Corporation Commission.

"Customer" means any person, firm, partnership, corporation, municipality, cooperative, organization, or governmental agency that is an end user [ or the authorized agent of an end user ] of local exchange telecommunications services under the jurisdiction of the commission.

"Customer call center" means any functional entity that accepts customer calls pertaining to service orders, billing inquiries, repair, and any other related requests.

"Emergency" means a sudden or unexpected occurrence involving a clear and imminent danger demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services.

"Local exchange carrier (LEC)" means a certificated provider of local exchange telecommunications services, excluding LECs subject to Chapter 16 (§ 56-485 et seq.) of Title 56 of the Code of Virginia.

"Local exchange telecommunications services" means local exchange telephone service as defined by § 56-1 of the Code of Virginia.

"Major service outage" means any network condition that causes 1,000 or more customers to be out of service for 30 or more minutes; causes an unplanned outage of, or completely isolates, a central office for 30 or more minutes; or disrupts 911 emergency call processing for any period.

"Network" means a system of central offices and associated outside plant.

"Network access line (NAL)" means a customer dial tone line, or its equivalent, that provides access to the public telecommunications network.

"Out of service" means a network service condition causing an inability to complete an incoming or outgoing call or any other condition that causes a connected call to be incomprehensible.

"Outside plant" means the network facilities not included in the definition of central office including, but not limited to, copper cable, fiber optic cable, coaxial cable, terminals, pedestals, load coils, or any other equipment normally associated with interoffice, feeder, and distribution facilities up to and including the rate demarcation point.

"Rate demarcation point" means the point at which a LEC's network ends and a customer's wiring or facilities begin.

[ "Repeat report" means a customer reported trouble that is received by a LEC within 30 days of another trouble report on the same NAL. ]

"Speed of answer interval (SAI)" means the period of time following the completion of direct dialing, or upon completion of a customer's final selection or response within an automated answering system, and lasting until the call is answered by a live agent or is abandoned by the customer or the LEC. In the case of automated transactions where a customer opts to speak to a live agent, the SAI is the period of time following the customer opting to speak to a live agent until the call is answered by a live agent or is abandoned by the customer or the LEC. A call is considered to have been answered when a live agent is ready to render assistance.

"Staff" means the commission's Division of Communications and associated personnel.

"Trouble" means an impairment of a LEC's network.

"Trouble report" means an initial oral or written notice, including voice mail and email, to any LEC employee or agent of a condition that affects or may affect network service.

20VAC5-428-20. Private property restoration.

A LEC, whenever it disturbs private property during the course of construction or maintenance operations, shall, except when otherwise specified or governed by easement or agreement, [ make every reasonable effort to ] restore the private property to a condition that is at least as good as that which existed prior to the disturbance [ once all work is completed ].

20VAC5-428-30. Availability and retention of records.

A. A LEC shall provide to the commission or staff, upon request, all records, reports, and other information required to determine compliance with this chapter.

B. A LEC shall retain records relevant to this chapter for a minimum of two years.

C. A LEC shall retain customer billing records for a minimum of three years to permit the commission or staff to investigate and resolve billing complaints.

20VAC5-428-40. [ Routine network relocation and rearrangement. (Reserved.) ]

[ Upon the receipt of a bona fide request for the routine relocation or rearrangement of its network facilities, a LEC shall provide the requesting party a detailed, itemized written good faith cost estimate, or a written work plan if no charges are applicable, within 45 days, unless otherwise agreed to by the requestor. Upon the requestor's acceptance of the cost estimate or work plan, a LEC shall complete the relocation or rearrangement work within 60 days, unless otherwise agreed to by the requestor. ]

20VAC5-428-50. Trouble report availability.

A. A LEC shall accept [ and , ] acknowledge [ , and record ] trouble reports of an emergency nature at all times through automated or live means.

B. A LEC shall take immediate action to clear trouble reports of an emergency nature.

20VAC5-428-60. Service outage reporting.

A. A LEC shall advise the staff of a major service outage on the same day as the outage occurs. If the outage occurs outside of the commission's normal business hours, a LEC shall advise the staff [ via voice mail and email at the beginning of the next business day ].

B. A LEC shall submit to the staff a major service outage report by the end of the next business day following the [ end of the ] outage and shall include the following information:

1. The central office, remote switch, or other network facility involved;

2. The date and estimated time of commencement of the outage;

3. The geographic area affected;

4. The estimated number of customers affected;

5. The types of services affected;

6. The duration of the outage (e.g., time elapsed from the commencement of the outage until estimated restoration of full service); and

7. The apparent or known cause or causes of the outage, including the name and type of equipment involved and the specific part of the network affected, and methods used to restore service.

20VAC5-428-70. Commission complaints.

A. When the staff informs a LEC of an out-of-service commission complaint, that LEC shall restore the affected service within 24 hours of the report, unless an extension is granted by the staff.

B. When the staff informs a LEC of a non-out-of-service commission complaint, the LEC shall resolve the complaint within 10 business days, unless an extension is granted by the staff.

20VAC5-428-80. Printed directories.

[ A. ] A LEC shall publish printed directories or cause its customers' listing information to be published in printed directories at yearly intervals.

[ B. A LEC responsible for publishing a directory shall make every reasonable effort to correct directory errors and to resolve directory disputes in a timely and efficient manner. A LEC responsible for directory publication may be required by the commission to postpone publication depending upon the nature and severity of a complaint. A LEC responsible for publishing a directory includes, but is not limited to, a LEC that publishes directories, causes directories to be published, or provides customer information for inclusion in directories. ]

20VAC5-428-90. Network and customer care service quality and reporting.

A. A LEC with 10,000 or more NALs shall file quarterly performance reports showing monthly results on a statewide basis for the performance standards contained in subsection B of this section [ for any quarter in which it failed to meet a standard for one or more months ]. The quarterly reports shall be filed no later than the 15th day of the month following the close of the preceding quarter. The reports and the data they contain shall not be deemed confidential and shall be subject to commission audit. A LEC may request the commission to exempt it from the filing of quarterly reports by demonstrating that its services, in whole or in part, are provided through the resale or lease of another LEC's services or facilities over which it has no direct control.

B. A LEC shall comply with the following performance standards:

1. A LEC shall restore no less than 80% of out-of-service trouble reports within 24 hours, and no less than 95% within 48 hours, per calendar month, on a statewide basis, excluding Sundays and LEC-recognized holidays. A LEC shall calculate its results by dividing the number of out-of-service customer trouble reports restored within 24 hours and 48 hours respectively in the given month by the number of out-of-service customer trouble reports received in the given month. The quotient is then multiplied by 100 to produce the result as a percentage. [ A LEC may exclude (i) customer caused delays, and (ii) extended intervals that are explicitly accepted or requested by residential customers; a LEC shall submit to the commission’s Division of Communications a satisfactory description of the criteria it will apply to determine an explicit acceptance or request by a residential customer and of the method it will employ to record such explicit acceptance or request. ]

2. A LEC shall answer calls to its customer call centers with an average SAI of no greater than 60 seconds per calendar month. A LEC shall calculate its results by dividing the cumulative SAI in seconds in the given month by the number of calls answered by a live agent in the given month. A LEC shall exclude from its calculation customer-initiated web transactions and customer-initiated automated transactions.

3. A LEC shall complete no less than 90% of installation service orders within five business days of a customer's request, per calendar month, on a statewide basis. A LEC shall calculate its results by dividing the number of installation service orders completed within five days in the given month by the number of service orders received in the given month. The quotient is then multiplied by 100 to produce the result as a percentage. A LEC may exclude [ customer-requested ] extended intervals [ that are explicitly accepted or requested by residential customers ], customer-caused installation delays, and service orders for the installation of more than five NALs at one customer location [ ; a LEC shall submit to the commission’s Division of Communications a satisfactory description of the criteria it will apply to determine an explicit acceptance or request by a residential customer and of the method it will employ to record such explicit acceptance or request. A LEC may exclude installation service orders that involve porting telephone numbers, the delivery of which has been delayed by another LEC ].

4. A LEC shall meet no less than 90% of installation and repair commitments requiring a field dispatch, per calendar month, on a statewide basis. A LEC shall calculate its results by dividing the number of installation and repair commitments met in the given month by the number of commitments made in the given month. The quotient is then multiplied by 100 to produce the result as a percentage.

[ 5. A LEC shall not exceed a 16% report rate, per calendar month, on a statewide basis. A LEC shall calculate its results by dividing the number of repeat reports in the given month by the number of trouble reports cleared in the given month. The quotient is then multiplied by 100 to produce the result as a percentage.

6. A LEC shall not exceed a 0.35% central office trouble report rate, per calendar month, on a statewide basis. A LEC shall calculate its results by dividing the number of central office-related trouble reports in the given month by the number of NALs at the end of the given month. The quotient is then multiplied by 100 to produce the result as a percentage.

7. A LEC shall not exceed a 3.0% outside plant trouble report rate, per calendar month, on a statewide basis. A LEC shall calculate its results by dividing the number of outside plant-related trouble reports in the given month by the number of NALs at the end of the given month. The quotient is then multiplied by 100 to produce the result as a percentage. ]

C. Notwithstanding that quarterly performance reports are compiled on a statewide basis, the commission may, in its discretion, direct that analogous reports be filed to assure that LECs comply with the performance standards set out in subdivisions B 1, B 3, [ and ] B 4 [ , B 5, B 6, and B 7 ] of this section, for any individual central office serving area of any LEC. [ The commission also may direct that additional reports be filed to provide information, to be prescribed by the commission, not included in the quarterly performance reports. ] A LEC's failure to comply with the performance standards set out in subdivisions B 1, B 3, [ and ] B 4 [ , B 5, B 6, and B 7 ] for any individual central office serving area may result in enforcement proceedings as provided in 20VAC5-428-110.

[ D. If a customer indicates that a medical necessity requires prompt restoration of service, a LEC shall restore service within 24 hours. ]

20VAC5-428-100. Generally inadequate service.

A LEC shall, at the direction of the commission following notice and an opportunity for hearing, address any concern for inadequate service quality not specifically addressed in this chapter.

20VAC5-428-110. Enforcement and sanctions.

The commission may, upon motion, and after opportunity for written response from the LEC in accordance with 5VAC5-20-100, issue such order or orders as it deems necessary to notify a LEC of the LEC's obligation and need to satisfy the provisions of this chapter. If a LEC fails to comply with the directives of such order, the commission may, following notice and an opportunity for hearing, levy one or more of the penalties and sanctions authorized by §§ 12.1-13, 12.1-33, and 56-483 of the Code of Virginia for violations of such order.

20VAC5-428-120. Commission authority.

The commission may, at its discretion, waive or grant exceptions to any provision of this chapter.

VA.R. Doc. No. R08-1363; Filed December 15, 2008, 4:06 p.m.