i.e.
, it includes the time that all customers wait
to be answered). Further, the 20 second answer time interval is reasonable
given that this interval is representative of a normal telephone ringing cycle
of three to four rings.
DOD/FEA opined that the proposed modification to change the criteria for
corrective action from a "period of four days in any month" to a "monthly
average basis" will give dominant certified telecommunications utilities (DCTUs)
a little more flexibility, but still maintain reasonable levels for consumers.
DOD/FEA disagreed with SBC Texas that the proposed modifications would allow
a company to select between two standards rather than applying both. Furthermore,
pending further study, the DOD/FEA opined that allowing the DCTU to select
between the two standards for calls to toll or assistance operator calls provides
too much latitude at the expense of consumers.
Commission response
The commission's intent is to allow providers to select either of the two
proposed methods for measuring its compliance. The commission agrees with
SBC Texas that the modifications made to the rule should help lessen administrative
expenses associated with measuring service quality by reducing the measurement
efforts that would otherwise be required in the event both information sets
had to be recorded. Furthermore, the commission finds that there is no empirical
evidence to support DOD/FEA's claim that allowing the DCTU to select between
the two standards for calls to toll or assistance operators provides too much
latitude at the expense of consumers. Therefore, the commission revises this
subsection to reflect that, for operator-handled calls, providers may choose
to either use a benchmark of 85% of calls answered within ten seconds or that
the average answer time shall not exceed 3.3 seconds.
Subsection (c)(2)(B)
SBC Texas opined that the proposed elimination of compliance thresholds
for calls to the business office, and other calls are appropriate. These proposed
changes reflect compliance, competitive and marketplace realities, as well
as consumer expectations. Furthermore, the proposed changes move toward parity
application among other regulated industries and among similarly situated
competitors of DCTUs.
Verizon applauded the commission's proposal to eliminate the service objective
requirement for calls to the business office. However, Verizon opined that
the service objective for calls to the repair office could also be eliminated
because competitive market forces would ensure that customers would continue
to receive the same level of service. However, if the commission decided to
retain a requirement applicable to Repair Service Calls, then the requirement
should be revised to reflect a monthly ASA of 60 seconds. Verizon asserted
that an ASA of 60 seconds is more representative of the customer experience
because it includes the time that all customers wait to be answered. Additionally,
Verizon proposed that the rule language should be revised to eliminate the
language "for a period of five days within" from the benchmark for corrective
action.
DOD/FEA contended that calls to the business offices, other than for repairs
(if they can be identified), should be removed from the test as proposed by
staff. DOD/FEA suggested that the proposed changes provide the DCTU with more
flexibility and calls to the business office for other than repair are almost
always of lesser time value. Furthermore, the DOD/FEA asserted that uniform
procedures that provide independent means for consumers to predict service
levels and evaluate carrier's service claims can be particularly important
with more competition.
Commission response
The commission finds that at this time it is inappropriate to eliminate
or modify the service objectives for calls to the repair office. Verizon's
proposal of revising the service objective for repair calls would be burdensome
because other carriers would have to modify their systems to monitor the new
standard. Furthermore, based on the comments filed by the DOD/FEA, federal
agencies and other large telecommunications users still value and utilize
service quality data in the procurement of telecommunications services in
a competitive environment.
Subsection (c)(2)(C)
Verizon contended that service performance benchmarks for calls to directory
assistance (DA) should be eliminated in favor of allowing the market to provide
the necessary level of service quality. Verizon also commented that if the
commission declines to eliminate the DA service quality measure, then the
benchmark should be revised to require a monthly ASA of 20 seconds. Furthermore,
Verizon asserted that correction action reports for operator-handled calls
provide no benefit to the Texas consumer and imposes unreasonable and unnecessary
administrative burden on DCTUs.
SBC Texas opined that the proposed changes reflect compliance, competitive
and marketplace realities, as well as consumer expectations. Furthermore,
the proposed changes move toward parity application among other regulated
industries and among similarly situated competitors of DCTUs.
The DOD/FEA asserted that uniform procedures that provide independent means
for consumers to predict service levels and evaluate carrier's service claims
can be particularly important with more competition.
Commission response
The commission finds that at this time it is inappropriate to eliminate
or modify the service objectives for directory assistance calls. Verizon's
proposal of revising the service objective for directory assistance calls
would be burdensome because other carriers would have to modify their systems
to monitor the new standard. Furthermore, based on the comments filed by the
DOD/FEA, federal agencies and other large telecommunications users still value
and utilize service quality data in the procurement of telecommunications
services in a competitive environment.
Subsection (c)(6)(A)
SBC Texas commented that the proposed modifications are reasonable in that
they establish thresholds at more achievable levels that take into account
the size of the exchange in questions. Larger exchanges (which the rule would
define as those with 100,000 or more lines would be subject to a compliance
threshold of three trouble reports, while smaller exchanges (less than 10,000
lines) would be subject to a threshold of six trouble reports.
TTA commented that it appreciated that the proposed performance benchmark
applicable for corrective actions has a sliding scale as a function of exchange
size. However, TTA remains concerned that a company wide benchmark of three
customer trouble reports per 100 access lines may still provide for an impossible
standard to meet for companies that only serve one or two exchanges. TTA opined
that the company-wide average should be bifurcated to allow companies with
fewer than 100,000 access lines to use a benchmark of six trouble reports
per 100 access lines on a company wide basis.
Verizon commented that the published rule should be revised to impose a
single statewide service quality standard of 6.0%, or no more than six trouble
reports per 100 access lines. Verizon asserted that the published rule inappropriately
imposes both company-wide and exchange specific standards that are inconsistent
with one another.
DOD/FEA urged the commission to adopt the proposed changes. DOD/FEA opined
that this gives the DCTU more flexibility without significantly affecting
expected service levels for nearly all customers. DOD/FEA also commented that
it does not object to TTA's proposal because it still provides a moderately
tough standard for small companies in rural areas.
Commission response
The commission acknowledges that companies serving a total of 10,000 access
lines or less would be subject to company-wide and exchange specific standards
that are inconsistent with one another. Therefore, in order to provide consistency
between the company-wide and exchange specific benchmarks for smaller exchanges,
the commission revises the rule to bifurcate the company-wide average to allow
companies that serve a total of 10,000 or less access lines to use a benchmark
of six trouble reports per 100 access lines.
General Comments
SBC Texas, Verizon, TTA, and DOD/FEA generally support the commission's
proposed revisions to the service objectives and performance benchmarks. However,
Verizon and TTA suggested that although these revisions represent an excellent
beginning point for revising the current service quality rules, competition,
not regulation, should ultimately dictate service quality. Verizon asserted
that its continuing commitment to provide quality services to its customers
and consumers having the ability to choose from multiple providers when selecting
a provider for telecommunications services eliminates the need for regulatory
monitoring of service quality. Therefore, Verizon proposed that most, if not
all, of the existing service objectives and performance benchmarks be eliminated
from the proposed rule.
In contrast, the DOD/FEA urged the commission to reject Verizon's request
to eliminate nearly all objectives and benchmarks. DOD/FEA opined that it
is not clear that competition in Texas has yet replaced the need to monitor
telecommunications service quality. Furthermore, data regarding service quality
is important for consumers to make informed choices among alternative suppliers.
Federal agencies and other large telecommunications users, while experienced
in procuring telecommunications services in a competitive environment, still
value service quality information. The DOD/FEA suggested that in the near
future, the commission should conduct a comprehensive review of service objectives
and performance benchmarks for all local exchange carriers (LECs) in Texas.
Commission response
The commission acknowledges all of the comments filed by the parties and
will continue to evaluate the need to conduct a comprehensive review of service
objectives and performance benchmarks for all LECs in Texas.
All comments, including any not specifically referenced herein, were fully
considered by the commission.
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2005) (PURA) which provides the commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
14.052, 55.001, 55.002, 55.003.
§26.54.Service Objectives and Performance Benchmarks.
(a)
This section establishes service objectives that should
be provided by a dominant certificated telecommunications utility (DCTU),
as applicable. The section outlines performance benchmark levels for each
exchange. If service quality falls below the applicable performance benchmark
for an exchange, that indicates a need for the utility to investigate, take
appropriate corrective action, and provide a report of such activities to
the commission. The objective service levels are based on monthly averages,
except for dial service and transmission requirements, which are based on
specific samples. DCTUs shall make measurements to determine the level of
service quality for each item included in this section. Each DCTU shall provide
the commission with the measurements and summaries for any of the items included
herein on request of the commission. Records of these measurements and summaries
shall be retained by the DCTU as specified by the commission.
(b)
One-party line service and voice band data.
(1)
One-party line service will be made available to all subscribers
of local exchange service upon request.
(2)
All open wire transmission media shall be replaced with
more reliable and better quality transmission media by the end of 1998, unless
otherwise exempted by the commission. Any utility that obtained an exemption
from this requirement shall file a report with the commission on the status
of its open wire replacement program by June 1, 2000, and if all open wire
replacement is not complete by that date, every three months thereafter until
the replacement program is complete.
(3)
All switched voice circuits shall be adequately designed
and maintained to allow transmission of at least 14,400 bits of data per second
when connected through an industry standard modem (ITU-T V.32bis or equivalent)
or a facsimile machine (ITU-T V.17 or equivalent), by the end of 2002. This
upgrade will be made at no charge to the individual customer.
(4)
Within 180 days of the effective date of this section,
a DCTU may request a waiver from the requirements of paragraph (3) of this
subsection. The waiver request may be granted only if the commission determines
that all of the following requirements have been met.
(A)
The cost to the DCTU of implementing the provisions of
paragraph (3) of this subsection exceeds the public benefit.
(B)
The DCTU has submitted by June 30, 2000, a reasonable implementation
plan stating for each exchange when all switched voice circuits within that
exchange shall be adequately designed and maintained to allow transmission
of at least 14,400 bits of data per second when connected through an industry
standard modem (ITU-T V.32bis or equivalent) or a facsimile machine (ITU-T
V.17 or equivalent).
(C)
The DCTU has submitted proposed tariff sheets which provide
that:
(i)
upon request by a customer, the DCTU will upgrade the customer's
switched voice circuits to allow transmission of at least 14,400 bits of data
per second when connected through an industry standard modem (ITU-T V.32bis
or equivalent) or a facsimile machine (ITU-T V.17 or equivalent);
(ii)
the upgrade will be made at no charge to the individual
customer; and
(iii)
the upgrade request will be completed within the time
period allowed for a service order for regular service installation pursuant
to subsection (c)(1)(B) of this section.
(D)
The DCTU has agreed to provide an on-going customer education
program, acceptable to the commission, which assures that the DCTU's customers
are aware of the availability of the service quality upgrade.
(c)
The DCTU shall comply with the service quality objectives
established below in providing the basic telecommunications service to its
end-use customers. The DCTU shall file its service quality performance report
on a quarterly basis. The report shall include its monthly performance for
each category of performance objective and a summary of its corrective action
plan for each exchange in which the performance falls below the benchmark.
Additionally, the corrective action plan shall include, at a minimum, details
outlining how the needed improvements will be implemented within three months
and result in performance at or above the applicable benchmark.
(1)
Installation of service. Unless otherwise provided by the
commission:
(A)
Ninety-five percent of the DCTU's service orders for installing
primary service shall be completed within five working days, excluding those
orders where a later date was specifically requested by the customer. Performance
Benchmark Applicable for Corrective Action: If the performance is below 95%
in any exchange area for a period of three consecutive months, the DCTU shall
provide a detailed corrective action plan for such exchanges or wirecenters.
(B)
Ninety percent of the DCTU's service orders for regular
service installations shall be completed within five working days, excluding
those orders where a later date was specifically requested by the customer.
This includes orders for primary and other services, installations, moves,
or changes, but not complex services. Performance Benchmark for Corrective
Action: If the performance is below 90% in any exchange area for a period
of three consecutive months the DCTU shall provide a detailed corrective action
plan for such exchanges or wirecenters.
(C)
Ninety-nine percent of the DCTU's service orders for service
installations shall be completed within 30 days. Performance Benchmark for
Corrective Action: If the performance is below 99% in any exchange area for
a period of three consecutive months, the DCTU shall provide a detailed corrective
action plan for such exchange or wirecenter.
(D)
One-hundred percent of the DCTU's service orders for service
installations shall be completed within 90 days.
(E)
Each DCTU shall establish and maintain installation time
commitment guidelines for the various complex services contained in its tariff.
Those guidelines should be available for public review and should be applied
in a nondiscriminatory manner.
(F)
The installation interval measurements outlined in subparagraphs
(A) - (D) and (H) of this paragraph shall commence with either the date of
application or the date on which the applicant qualifies for service, whichever
is later.
(G)
The DCTU shall provide to the customer a due date on which
the requested installation or change shall be made. If a customer requests
that the work be done on a regular working day later than that offered by
the DCTU, then the customer's requested date shall be the commitment date.
If a premises visit is required, the DCTU shall schedule an appointment period
with the customer for morning or afternoon, not to exceed a four-hour time
period, on the due date. If the DCTU is unable to keep the appointment, the
DCTU shall attempt to notify the customer by a telephone call and schedule
a new appointment. If unable to gain access to the customer's premises during
the scheduled appointment period, the DCTU carrier representative shall leave
a notice at the premises advising the customer how to reschedule the work.
(H)
Ninety percent of the DCTU's commitments to customers for
the date of installation of service orders shall be met, excepting customer-caused
delays. Performance Benchmark Applicable for Corrective Action: If the performance
is below 90% in any exchange area for a period of three consecutive months,
the DCTU shall submit a list of missed commitments to the commission and provide
a detailed corrective action plan for such exchange or wirecenter.
(I)
The installation interval and commitment requirements of
subparagraphs (A) - (D) and (H) of this paragraph do not include service orders
either to disconnect service or to make only record changes on a customer's
account.
(J)
A held regrade order is one not filled within 30 days after
the customer has made application for a different grade of service except
where the customer requests a later date. In the event of the DCTU's inability
to so fill such an order, the customer should be advised and told when the
DCTU can fulfill the order. The number of held regrade orders shall not exceed
1.0% of the total number of customer access lines served.
(2)
Operator-handled calls. DCTUs shall maintain adequate personnel
to provide an average operator answering performance as follows for each exchange
on a monthly basis:
(A)
Eighty-five percent of toll and assistance operator calls
answered within ten seconds, or average answer time shall not exceed 3.3 seconds.
Benchmark for Corrective Action: If the performance is either below 85% within
ten seconds or if the average exceeds 3.3 seconds at any answering location
in any given month, the DCTU shall provide a detailed corrective action plan
for such exchange or wirecenter.
(B)
Ninety percent of repair service calls shall be answered
within 20 seconds or average answer time shall not exceed 5.9 seconds. Benchmark
for Corrective Action: If the performance is below 90% within 20 seconds or
the average answer time exceeds 5.9 seconds at any answering location for
a period of five days within any given month, the DCTU shall provide a detailed
corrective action plan for such exchange or wirecenter.
(C)
Eighty-five percent of directory assistance calls shall
be answered within ten seconds or the average answer time shall not exceed
5.9 seconds. Benchmark for Corrective Action: If the performance is either
below 85% within ten seconds or if the average answer time exceeds 5.9 seconds
at any answering location in any given month, the DCTU shall provide a detailed
corrective action plan for such exchange or wirecenter.
(D)
An "answer" shall mean that the operator, interactive voice
system, or representative, is ready to render assistance and/or ready to accept
information necessary to process the call. An acknowledgment that the customer
is waiting on the line shall not constitute an "answer."
(E)
DCTUs may measure answer time on a toll center or operating
unit basis in lieu of measuring answer time in each exchange unless specifically
requested by the commission.
(3)
Local dial service. Sufficient central office capacity
and equipment shall be provided to meet the following requirements:
(A)
dial tone within three seconds on 98% of calls. For record-keeping
and reporting purposes, 96% in three seconds during average busy season and/or
busy hour shall be acceptable as complying with this requirement;
(B)
completion of 98% of intraoffice calls (those calls originating
and terminating within the same central office building) without encountering
an equipment busy condition (blockage) or equipment failure;
(C)
for every switch that serves customers, the availability
factor for stored program controlled digital and analog switching facilities
shall be 99.99%, or the total unscheduled outage for each switch shall not
exceed 53 minutes per year.
(D)
A report detailing the cause and proposed corrective action
for the local dial service measures, for any exchange that falls below the
established performance objective level, must be submitted to the commission.
(4)
Local interoffice dial service.
(A)
Each DCTU shall provide and maintain interoffice trunks
on its portion of the local exchange service network so that 97% of the interoffice
local calls excluding calls between central offices in the same building are
completed without encountering equipment busy conditions or equipment failures.
For DCTUs' testing, record-keeping, and reporting purposes, DCTUs are not
required to separate local dial service results from local interoffice dial
service results unless specifically requested by the commission.
(B)
The availability factor for stored program controlled digital
and analog switching and interoffice transmission facilities for end-to-end
transmission shall be 99.93%, or the total unscheduled outage shall not exceed
365 minutes per year.
(C)
A report detailing the cause and proposed corrective action
for the local dial service measures, for any exchange that falls below the
established performance objective level, must be submitted to the commission.
(5)
Direct distance dial service. Engineering and maintenance
of the trunk and related switching components in the toll network shall permit
97% completion on properly dialed calls, without encountering failure because
of blockages or equipment irregularities. A report detailing the cause and
proposed corrective action for the direct distance dial service measure, for
any exchange that falls below the established performance objective level,
must be submitted to the commission.
(6)
Customer trouble reports.
(A)
The DCTU that serves more than 10,000 access lines shall
maintain its network service in a manner that it receives no more than three
customer trouble reports on a company-wide basis, excluding customer premises
equipment (CPE) reports, per 100 customer access lines per month (on average).
Performance Benchmark Applicable for Corrective Action: If the customer trouble
report exceeds 3.0% (three per 100 access lines) for a large exchange or 6.0%
(six per 100 access lines) for a smaller exchange for three consecutive months,
the DCTU shall provide a detailed corrective action plan for such exchange
or wirecenter. For purposes of this section, a large exchange is defined as
serving 10,000 or more access lines and a small exchange is defined as serving
less than 10,000 access lines.
(B)
The DCTU that serves 10,000 or less access lines shall
maintain its network service in a manner that it receives no more than six
customer trouble reports on a company-wide basis, excluding customer premises
equipment (CPE) reports, per 100 customer access lines per month (on average).
Performance Benchmark Applicable for Corrective Action. If the customer trouble
report exceeds 6.0% (six per 100 access lines) per exchange for three consecutive
months, the DCTU shall provide a detailed corrective action plan for such
exchange or wire center.
(C)
The DCTU shall provide to the customer a commitment time
by which the trouble will be cleared. If a premises visit is required, the
DCTU shall schedule an appointment period with the customer for the morning
or afternoon, not to exceed a four-hour time period. When the DCTU cannot
keep an appointment, the DCTU shall attempt to notify the customer by a telephone
call and schedule a new appointment. If unable to gain access to the customer's
premises during the scheduled appointment period, the DCTU representative
shall leave a notice at the premises advising the customer how to reschedule
the work.
(D)
At least 90% of out-of-service trouble reports on service
provided by a DCTU shall be cleared within eight working hours, except where
access to the customer's premises is required but not available or where interruptions
are caused by unavoidable casualties and acts of God affecting large groups
of customers. Performance Benchmark Applicable for Corrective Action: If the
performance is below 90% in any exchange area for a period of three consecutive
months, the DCTU shall provide a detailed corrective action plan for such
exchange or wirecenter.
(E)
Each DCTU shall establish procedures to insure the prompt
investigation and correction of trouble reports so that the percentage of
repeated trouble reports on residence and single line business lines does
not exceed 22% of the total customer trouble reports on those lines. Performance
Benchmark Applicable for Corrective Action: If repeat reports exceed 22% of
the total customer trouble report in any exchange for three consecutive months,
the DCTU shall provide a detailed corrective action plan for such exchange
or wirecenter.
(7)
Transmission requirements. All voice-grade trunk facilities
shall conform to accepted transmission design factors and shall be maintained
to meet the following objectives when measured from line terminals of the
originating central office to the line terminals of the terminating central
office. A periodic report for central offices or exchanges as requested by
the commission staff shall be provided by the DCTU, in order to demonstrate
compliance with the following objectives.
(A)
Interoffice local exchange service calls. Excluding calls
between central offices in the same building, 95% of the measurements on the
network of a DCTU should have from two to ten decibels loss at 1000+20 hertz
and no more than 30 decibels above reference noise level ("C" message weighting).
(B)
Direct distance dialing. Ninety-five percent of the transmission
measurements should have from three to 12 decibels loss at 1000+20 hertz and
no more than 33 decibels above reference noise level ("C" message weighting).
(C)
Subscriber lines. All newly constructed and rebuilt subscriber
lines shall be designed for a transmission loss of no more than eight decibels
from the serving central office to the customer premises network interface.
All subscriber lines shall be maintained so that transmission loss does not
exceed ten decibels. Subscriber lines shall in addition be constructed and
maintained so that metallic noise does not exceed 30 decibels above reference
noise level ("C" message weighting) on 90% of the lines. Metallic noise shall
not exceed 35 decibels above reference noise level ("C" message weighting)
on any subscriber line.
(D)
PBX, key, and multiline trunk circuits. PBX, key, and multiline
trunk circuits shall be designed and maintained so that transmission loss
at the subscriber station does not exceed eight decibels. If the PBX or other
terminating equipment is customer-owned and if transmission loss exceeds eight
decibels the DCTU's responsibility shall be limited to providing a trunk circuit
with no more than five decibels loss from the central office to the point
of connection with customer facilities.
(E)
Impulse Noise Limits. The requirements for impulse noise
limits shall be as follows:
(i)
For switching offices, the noise level count shall not
exceed five pulses above the threshold in any continuous five minute period
on 50% of test calls. The reference noise level threshold shall be less than:
54 dBrnC for Crossbar switch, 59 dBrnC for step-by-step switch, and 47 dBrnC
for electronic or digital switch.
(ii)
For trunks, the noise level count shall not exceed five
pulses above the threshold in any continuous five minute period on 50% of
trunks in a group. The reference noise level threshold shall be less than
54 dBrnCO for voice frequency trunks, and 62 dBrnCO for digital trunks.
(iii)
For loop facilities, the noise level count shall not
exceed 15 pulses above the threshold in any continuous 15 minute period on
any loop. The reference noise level threshold shall be less than 59 dBrnC
when measured at central office (CO), or referred to CO through 1004 Hz loss.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office of
the Secretary of State on July 25, 2005.
TRD-200503031
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: August 14, 2005
Proposal publication date: February 25, 2005
For further information, please call: (512) 936-7223