20VAC5-427 Rules for Local Exchange Telecommunications Company Service Quality Standards

REGULATIONS

Vol. 26 Iss. 3 - October 12, 2009

TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

Chapter 427

Final 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 20VAC5-428-130).

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

Effective Date: November 1, 2009.

Agency Contact: Steven Bradley, Deputy Director, Public Utility Commission, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The regulations apply to all certificated 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 final regulations require companies to report service outages in the same manner as required by the Federal Communications Commission, rather than using the previous criteria. Quarterly performance reports from large companies are no longer required, except for a company subject to a commission investigation that directs that company to file specified service quality performance reports. The monthly performance standards include (i) a new requirement to restore service within 24 hours when a customer reports a medical necessity; (ii) restoring no less than 80% of all out-of-service troubles within 48 hours, instead of the previous 24-hour standard; (iii) answering calls to repair centers within an average of 60 seconds, rather than requiring all customer calls to be answered within that average; and (iv) meeting no less than 90% of repair and installation commitments, which includes those commitments that do not require a field dispatch. The regulation contains a sunset provision allowing the regulation to expire on December 31, 2012, if the commission has conducted a proceeding that determines that service regulations are no longer necessary to ensure reasonably adequate service.

AT RICHMOND, SEPTEMBER 11, 2009

COMMONWEALTH OF VIRGINIA, ex. rel.

STATE CORPORATION COMMISSION

CASE NO. PUC-2008-00047

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

ORDER ADOPTING RULES

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 ("Consumer Counsel"); Communications Workers of America ("CWA"); 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 Piasecki; Gerald T. Yost; John T. O'Mara; Cox Virginia Telcom ("Cox"); Virginia Cable Telecommunications Association ("VCTA"); AT&T Communications of Virginia and TCG Virginia (collectively, "AT&T"); Cavalier Telephone ("Cavalier") and XO Virginia; Central Telephone Company and United Telephone Southeast (collectively, "Embarq"); NTELOS Telephone Company, Roanoke and Botetourt Telephone, NTELOS Network, and R&B Network (collectively, "NTELOS"); Virginia Telecommunications Industry Association ("VTIA"); Verizon Virginia Inc., Verizon South Inc., and MCImetro Access Transmission Services of Virginia, Inc. (collectively, "Verizon"); and PAETEC Communications and US LEC Corp.

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; Shenandoah Telecommunications Company; and the Staff. The Commission considered all the comments received and revised the Proposed Rules ("Revised Proposed Rules"). By Second Order for Notice and Hearing ("Second Order") entered December 15, 2008, the Commission published and sought comments upon the Revised Proposed Rules, which were attached to the Second Order. In addition, a public hearing for oral comments regarding the Revised Proposed Rules was scheduled for March 10, 2009.

Pursuant to an amended motion filed by the VTIA on January 5, 2009, and responses thereto, the comment deadline and public hearing were rescheduled. On January 15, 2009, the Commission entered its Order Granting Motion for Extension that allowed comments to be submitted on or before March 13, 2009, and continued the public hearing from March 10, 2009, to April 2, 2009.

Comments were submitted by Battinto Batts; William Beckner; Tainer Whitehurst; Jennifer Jones; Daniel Casey; Donnie Tate; Nicholas Beltrante, Esquire; Tracy Garrett; Nancy Sykes; Chris Barnert; Jennifer Lantrip; Joan Quinn; Adel Farag; Julie Kelly; Utility Pros; VTIA; Consumer Counsel; Cox; Verizon; AT&T; Embarq; VCTA; CWA; and Urchie Ellis; and the Staff Report was filed March 27, 2009. The public hearing was conducted on April 2, 2009, and comments were received on behalf of the following: Utility Pros; CWA; Embarq; VCTA; Cox; VTIA; Verizon; and the Staff. At the conclusion of the hearing, the Commission authorized Verizon to submit the written comments of John L. Barnes and asked the participants to submit any post-hearing briefs on or before May 14, 2009.

On May 8, 2009, the Staff filed its Motion to Defer Post-Hearing Briefs ("Staff Motion"), stating that the Staff and Verizon had assembled a modified version of the Revised Proposed Rules that satisfied the concerns of both the Staff and Verizon. The Staff Motion asserted that the modified version of the Revised Proposed Rules (Appendix A attached to the Staff Motion) (hereinafter, "Suggested Modifications") might also satisfy the other participants if they were afforded an opportunity to review and evaluate it.

By Order entered May 11, 2009, the Commission granted the Staff Motion and advised the participants that a subsequent order would schedule further pleadings. By Order entered May 29, 2009, the Commission directed that post-hearing briefs addressing the Suggested Modifications be filed on or before June 15, 2009. Such briefs were received from Utility Pros; VTIA; Verizon; Cox; Consumer Counsel; CWA; Embarq; AT&T; and the Staff. Only the CWA opposed the Commission's adoption of the modified version of the rules attached to the Staff Motion.

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

We find that the rules adopted herein, which incorporate most of the Suggested Modifications, establish minimum standards for protecting public health, safety, and economic vitality while allowing competition to offer customers choices above and beyond these minimum standards.¹ We do not adopt the Suggested Modifications verbatim because we conclude that specific revisions and clarifications are required.

First, we find that the Sunset Provision of Rule 130 should be rephrased to make it optional for the Commission to conduct a proceeding that might determine whether the rules are no longer necessary to ensure adequate service.

We also find that certain additions and modifications should be made to the definitions included in Rule 10. Specifically, we conclude that the term "rolling 30-day average," which can result in daily fines, needs to be added to the rules' definition provisions. Hence the following definition shall be added to 20 VAC 5-428-10 B: "'Rolling 30-day average' means a determination of average compliance with the metrics set out in 20 VAC 5-428-90 B.2-B.8 during the 30 days that precede the date or dates specified by the commission pursuant to 20 VAC 5-428-110 B." In addition, we modify, and thereby clarify, the proposed definition of "Network access line" to mean a "voice-grade customer dial tone line." Furthermore, we find that the proposed definitions of "Central office service area" and "Major service outage" are unnecessary and, therefore, should be eliminated.

Moreover, we find that the definition of "Minimum acceptable level of service quality under normal operating conditions" should be clarified by adding at its end the phrase "as required by Va. Code §§ 56-234 and 56-247." We find that these Code sections require, for example, that every customer whose service is interrupted shall have service restored with no unnecessary delay. Further, all persons or businesses desiring to initiate service from a carrier should expect to receive a requested service within a reasonable period. These requirements recognize the vital importance to personal and public safety, as well as to the expectations of modern commerce, that reliable communications networks and services provide.

There has also been concern about the measurement of two of the metrics of 20 VAC 5-428-90. Both Rule 90 B.2 and Rule 90 B.4 require the completion of a certain proportion of out-of-service trouble reports and installation of service orders, respectively. To assure consistent calculation of these two metrics, the denominator of the out-of-service restorations shall be the "number of out-of-service trouble reports restored in the given month" and the denominator for installation of service orders shall be the "number of service orders completed in the given month." That replacement language shall be added to each rule.

We also recognize that the performance standards in Rule 90 B.2 and Rule 90 B.4 are largely dependent upon the quality and accuracy of criteria and information provided to customers by local exchange carriers ("LECs") with regard to the acceptance of or requests for extended intervals. In this regard, both such rules permit that, upon request from the Staff, a LEC shall provide certain criteria and information to - and which must be approved as satisfactory by - the Staff.

The proposed rule for routine network relocation and rearrangement has been eliminated. We omit it from the ongoing service standards because we conclude that a specific rule pertaining to network relocation and rearrangement may not be necessary. Nevertheless, we also conclude that Verizon's practices and procedures relative to network relocation and rearrangement should be investigated. Accordingly, we will soon initiate an investigation of Verizon's network relocation and rearrangement practices and procedures.

In order to enhance the effectiveness of the rule regarding Commission complaints, we shall adopt a requirement that LECs with 10,000 or more network access lines shall publish prominently on customers' bills every six months the information customers need in order to lodge a service-related complaint with the Commission. Such LECs shall obtain Staff approval of the form and content of this notice to customers. Any subsequent changes to that notice shall also be submitted to Staff for approval.

We do not adopt the Suggested Modifications' revision of Rule 80 pertaining to directories. While we acknowledge that some customers may prefer to find listing information online or from a storage disk, rather than by consulting a printed directory, we also recognize that those customers without ready access to a computer still need access to the printed directory. Thus, Rule 80, as adopted today, continues to pertain to the publication and distribution of a printed directory. We note further that a LEC may seek a waiver or exception to Rule 80, as authorized by the terms of Rule 120, if it proposes not to publish and distribute a printed directory.

Finally, while we adopt the suggested modification to Rule 60 to incorporate federal requirements with respect to a wireline LEC's obligation to report service outages, we find it appropriate to reference all of Chapter 1, Subchapter A, Part 4 of Title 47 of the Code of Federal Regulations.

Accordingly, IT IS ORDERED THAT:

(1) We hereby adopt the revised Rules Governing Local Exchange Telecommunications Carrier Retail Service Quality (Chapter 428), appended hereto as Attachment A, to be effective on November 1, 2009.

(2) The Commission's Division of Information Resources shall forward this Final Order and the rules adopted herein to the Registrar of Virginia for publication in the Virginia Register of Regulations.

(3) This case is dismissed, and the papers filed herein shall be placed in the file for ended causes.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to: C. 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 Attachment B; and the Commission's Office of General Counsel and the Division of Communications.

______________________________________

¹ Verizon and others initially contended that the service quality of landline networks should now be left to the marketplace, based upon the dramatic changes in the telecommunications industry over the past decade. This includes the significant loss of landlines to wireless and other competitors. We recognize the increased competition faced by landline networks, but as previously stated in this proceeding, see Second Order at 4, Virginia law currently requires this Commission to regulate the service quality of landline networks, and we find a current need for the regulation promulgated herein.

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 [ , except when a signed contract with a business customer provides otherwise ]. 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.

"Minimum acceptable level of service quality under normal operating conditions" means the minimum level of service that shall be considered by the commission to be reasonably adequate as required by §§ 56-234 and 56-247 of the Code of Virginia. ]

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

"Network access line (NAL)" means a [ voice-grade ] 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.

[ "Rolling 30-day average" means a determination of average compliance with the metrics set out in 20VAC5-428-90 B 2 through B 8 during the 30 days that precede the date or dates specified by the commission pursuant to 20VAC5-428-110 B. ]

"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 [ excluding reports relevant to 20VAC-5-428-90, which shall be provided pursuant to 20VAC5-428-90 A ] .

B. A LEC shall retain [ any routine business ] 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 Emergency trouble ] report [ availability response ].

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 inform ] 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 in Virginia by providing all reports required by the Federal Communications Commission (FCC) under 47 CFR Part 4. A LEC shall comply with all provisions of 47 CFR Part 4 related to report content, processing, and delivery. Upon request, a LEC shall provide to the commission or staff additional information regarding service outages not included in FCC reports as necessary to perform their oversight responsibility ].

[ 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, [ subject to the customer-caused delay exclusion of 20VAC5-428-90 B 2, ] 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 [ of the report ] , unless an extension is granted by the staff.

[ C. When the staff informs a LEC of an extended service installation complaint, that LEC shall provision service within five business days of the report, subject to the customer-caused delay, installation of more than five NALs, and telephone number porting exclusions of 20VAC5-428-90 B 4, unless an extension is granted by the staff. ]

20VAC5-428-80. Printed directories.

A. A LEC shall publish [ printed directories ] or cause [ to be published ] its customers' listing information [ to be published ] in printed directories [ and shall distribute or cause to be distributed to its customers such directories ] at yearly intervals. [ The listing information of a LEC's customers shall be updated at least yearly, unless otherwise agreed to by the commission or staff. ]

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 subject to a docketed commission investigation of its service quality relating to this section shall file reports as directed by the commission ]. 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 all ] 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 for customers stating a medical necessity when restoration is feasible. As used in this subdivision, "feasible" means service can be restored unless there exists a condition beyond the control of a LEC ].

2. A LEC shall [ answer calls to its customer call centers with an average SAI of no greater than 60 seconds restore no less than 80% of out-of-service trouble reports within 48 hours, and no less than 95% within 96 hours, ] per calendar month [ , on a statewide basis, excluding Sundays and LEC-recognized holidays for business customers, and excluding Saturdays, Sundays, and LEC-recognized holidays that do not result in three consecutive excluded days for residential customers ]. A LEC [ subject to performance reporting pursuant to subsection A of this section ] 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 number of out-of-service customer trouble reports restored within 48 hours and 96 hours respectively in the given month by the number of out-of-service customer trouble reports restored in the given month. The quotient is then multiplied by 100 to produce the result as a percentage. A LEC may exclude customer-caused delays, and extended intervals that are explicitly accepted or requested by customers. Upon request by the commission's staff, a LEC shall submit for approval a satisfactory description of (i) the criteria the LEC will apply to determine such explicit acceptance or request by a customer, and (ii) the method the LEC will employ to record such explicit acceptance or request ].

3. A LEC shall [ complete no less than 90% of installation service orders within five business days of a customer's request answer calls to its repair customer call centers with an average SAI of no greater than 60 seconds and shall answer calls to its customer call centers with an average SAI of no greater than 180 seconds ], per calendar month, on a statewide basis. A LEC [ subject to performance reporting pursuant to subsection A of this section ] shall calculate its results by dividing the [ number of installation service orders completed within five days cumulative SAI in seconds ] in the given month by the number of [ service orders received calls answered by a live agent ] 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 shall ] exclude [ installation service orders that involve porting telephone numbers, the delivery of which has been delayed by another LEC from its calculation customer-initiated web transactions and customer-initiated automated transactions ].

4. A LEC shall [ meet complete ] no less than 90% of installation [ and repair commitments requiring a field dispatch service orders within five business days of a customer's request ], per calendar month, on a statewide basis. A LEC [ subject to performance reporting pursuant to subsection A of this section ] shall calculate its results by dividing the number of installation [ and repair commitments met in the given month by the number of commitments made service orders completed within five days in the given month by the number of service orders completed ] in the given month. The quotient is then multiplied by 100 to produce the result as a percentage. [ A LEC may exclude customer-caused installation delays, service orders for the installation of more than five NALs at one customer location, and extended intervals that are explicitly accepted or requested by customers. Upon request by the commission's staff, a LEC shall submit for approval a satisfactory description of the criteria the LEC will apply to determine such explicit acceptance or request by a customer and the method the LEC 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, or any other communication provider.

5. A LEC shall meet no less than 90% of installation and repair commitments, per calendar month, on a statewide basis. A LEC subject to performance reporting pursuant to subsection A of this section 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. 6. ] A LEC shall not exceed a 16% repeat report rate, per calendar month, on a statewide basis. A LEC [ subject to performance reporting pursuant to subsection A of this section ] 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. 7. ] A LEC shall not exceed a 0.35% central office trouble report rate, per calendar month, on a statewide basis. A LEC [ subject to performance reporting pursuant to subsection A of this section ] 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. 8. ] A LEC shall not exceed a 3.0% outside plant trouble report rate, per calendar month, on a statewide basis. A LEC [ subject to performance reporting pursuant to subsection A of this section ] 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 A. For purposes of enforcing all of the provisions of this chapter, including 20VAC5-428-90 B 1 but excluding the remainder of 20VAC5-428-90, the ] commission may, upon motion, and after opportunity for written response from the LEC [ and an opportunity for hearing, ] 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, 5VAC5-20-90 ] 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 provisions of this chapter ].

[ B. For purposes of enforcing 20VAC5-428-90, other than 20VAC5-428-90 B 1, the commission may, upon motion, and after opportunity for written response from the LEC in accordance with 5VAC5-20-90, 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 in accordance with 5VAC5-20-90, 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. For purposes of enforcement under this section, the commission may, if it deems necessary, further prospectively order a LEC to meet a 20VAC5-428-90 standard each day, based on a rolling 30-day average, notwithstanding that the standard is based on a calendar month under 20VAC5-428-90 and each day that the LEC does not meet such standard may constitute a separate violation of this chapter. ]

20VAC5-428-120. Commission authority.

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

[ 20VAC5-428-130. Sunset provision.

This chapter may sunset on December 31, 2012, if, following a proceeding, the commission determines that this chapter or other regulations are no longer necessary to ensure reasonably adequate service. ]

VA.R. Doc. No. R08-1363; Filed September 11, 2009, 3:29 p.m.