1758724 Notice of Final Rulemaking - In the Matter of the Development of Universal Service Standards and an Universal Service Trust Fund for the District of Columbia
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PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA
NOTICE OF FINAL RULEMAKING
FORMAL CASE NO. 988, IN THE MATTER OF THE DEVELOPMENT OF UNIVERSAL SERVICE STANDARDS AND A UNIVERSAL SERVICE TRUST FUND FOR THE DISTRICT OF COLUMBIA
1. The Public Service Commission of the District of Columbia (Commission), pursuant to its authority under D.C. Official Code § 34-802 (2010 Repl.) and D.C. Official § 34-2003 (2010 Repl. & 2011 Supp.), hereby gives notice of its final rulemaking action taken on September 29, 2011, in Order No. 16558, amending chapter 28 of title 15 of the District of Columbia Municipal Regulations. This chapter governs the operation of the District of Columbia Universal Service Trust Fund for telecommunications services. The Commission finalizes the following provisions, which were published in a Notice of Proposed Rulemaking on November 26, 2010.[1] The rules contained in this Notice of Final Rulemaking will become effective upon publication in the D.C. Register.
On December 23, 2010, AT&T Communications of Washington, DC, LLC, Teleport Communications – Washington, D.C. Inc. (AT&T), and the District Department of the Environment, Energy Office (DDOE) filed comments to the November 2010 NOPR.[2] The Office of the People’s Counsel (OPC) and Verizon Washington, DC Inc. (Verizon DC) filed comments on December 27, 2010.[3] Verizon DC filed reply comments on January 10, 2011.[4]
In Order No. 16558, the Commission finalized certain sections of chapter 28; other sections will be subject to further comment in subsequent Notices of Proposed Rulemaking. To be consistent with the Notice of Proposed Rulemaking which showed how the entire chapter 28 was to be re-written, this rulemaking shows how the sections are to be re-written in their entirety in chapter 28. However, because the Commission voted not to move forward with amending certain sections in chapter 28, those sections are omitted. Additionally, the Commission voted not to move forward with certain proposed amendments to subsections within the sections; preferring to retain the language that currently exists in chapter 28. Specifically, the following subsections will retain the language that currently exists in the chapter 28 as opposed to being amended as initially indicated in the Notice of Proposed Rulemaking:
- Subsection 2802.1(i)
· In the Notice or Proposed Rulemaking, the Commission proposed to remove the phrase, “for qualifying low-income consumers.” Based on the comments received, the Commission elected not to remove this language. Thus, the subsection shall remain the same.
- Subsection 2804.1
· In the Notice of Proposed Rulemaking, the Commission proposed to re-write section 2804 (Funding of the District of Columbia Universal Service Trust Fund). In response to comments it received, the Commission elected not to finalize subsection 2804.1 at this time. Proposed amendments to subsection 2804.1 will published in a subsequent rulemaking. At this time, the Commission is only seeking to finalize the amendments to section 2804 to the extent that it deletes subsection 2804.2.
- Subsection 2815.3
· In the Notice of Proposed Rulemaking, the Commission, amongst other amendments to subsection 2815.3, proposed to amend the subsection to include the following phrase, “and VoIP Service Provider,” after the term, “carrier.” The Commission elected not to add this new language to subsection 2815.3. Therefore, the phrase was removed in this Notice of Final Rulemaking.
- Subsection 2815.4
· In the Notice of Proposed Rulemaking, the Commission, amongst other amendments to subsection 2815.4, proposed to amend the subsection to include the following phrase, “and VoIP Service Provider,” after the term, “carrier.” The Commission elected not to add this new language to subsection 2815.4. Therefore, the phrase was removed in this Notice of Final Rulemaking.
- Subsection 2815.5
· In the Notice of Proposed Rulemaking, the Commission proposed to amend subsection 2815.5 to add the following phrase, “or VoIP Service Provider,” after the term, “carrier.” The Commission elected not to add this new language to subsection 2815; thereby, retaining the language that currently exists.
- Section 2819 (Telecommunications Relay Service)
· In new subsection 2819.4, the Commission proposed to amend the language that presently exists in 15 DCMR § 2819.5 to read as follows to replace the phrase, “at least once every six months” with “when necessary.” The Commission elected not to amend the current language; therefore, the current language will remain although the subsections have been renumbered indicated in the Notice of Proposed Rulemaking.
· In the Notice of Proposed Rulemaking, the Commission initially planned on removing the language that currently exists in 15 DCMR § 2819.6. The Commission has elected not to remove this subsection. The subsection is replicated in this Notice of Final Rulemaking as subsection 2819.5, but is exactly the same as the current 15 DCMR § 2819.6. The Commission adds the subsection to this Notice of Final Rulemaking to let the public know that it does not intend to delete this language from section 2819 as initially suggested in the Notice of Proposed Rulemaking.
· In the Notice of Proposed Rulemaking, the Commission created a new subsection 2819.5 which amended and renumbered existing 15 DCMR § 2819.7. Based on the Commission’s decision not to repeal existing 15 DCMR § 2819.6 but rather re-number it § 2819.5 as indicated in this Notice of Final Rulemaking, the new subsection 2819.5 is renumbered 2819.6.
- Subsections 2820.1 and 2820.2
· The Commission elected not to move forward with the proposed amendments to subsection 2820.1 and 2820.2.
These changes to the proposed rulemaking do not substantially alter the Notice of Proposed Rulemaking and is consistent with the Commission’s intent.
Stylistic changes were made to the rulemaking since it was published as proposed on November 26, 2010, that are not substantive in nature, but rather conform to the Office of Documents and Administrative Issuances’ rulemaking drafting guidelines. These changes include: fixing D.C. Official, U.S. Code, and DCMR citations where applicable; replacing a capital “C” in “chapter” with a lower case “c;” spelling out numbers where applicable; adding numbers in parentheses where applicable; removing quotation marks from around acronyms or short-hand version of terms when they are placed in parentheses after the full term; removing the quotation marks from around terms in the Definitions section; and replacing the term “means” with a hyphen (-) when used in the Definitions section. Additionally, section 2823 (Definitions) is renumbered 2899 so as to be consistent with ODAI’s DCMR structure.
These rules shall go into effect upon publication of this Notice in the D.C. Register.
Chapter 28, Universal Service, of title 15, Public Utilities and Cable Television, of the District of Columbia Municipal Regulations is amended as follows:
Section 2801, Applicability, is amended to read as follows:
2801 APPLICABILITY
2801.1 This chapter establishes the Public Service Commission (Commission) of the District of Columbia Rules and Regulations Governing the Provisioning of the District’s Universal Services, in conformance with the District of Columbia Telecommunications Competition Act of 1996. This chapter shall be cited as the District of Columbia Universal Service Rules.
2801.2 This chapter shall be applicable to all local exchange carriers (LEC) and Voice over Internet Protocol (VoIP) service providers. However, providers of mobile service are exempt from regulation under this chapter pursuant to D.C. Official Code § 34-2006(b)(2010 Repl.).
Section 2802, District of Columbia Universal Services, is amended to read as follows:
2802 DISTRICT OF COLUMBIA UNIVERSAL SERVICES
2802.1 District of Columbia Universal Services shall consist of the following services:
(a) Voice grade access to the public switched network, with the ability to place and receive calls;
(b) Dual Tone Multifrequency (DTMF) signaling or its functional equivalent;
(c) Single-party service;
(d) Access to emergency services, including, access to 911 and enhanced 911 (E911) services;
(e) Access to operator services;
(f) Access to interexchange services;
(g) Access to directory assistance;
(h) Telecommunications Relay Service (TRS); and
(i) Toll limitation services for qualifying low-income consumers.
2802.2 The Commission may expand universal services to be supported by the District of Columbia Universal Service Trust Fund (DC USTF or Fund) after notice and comment.
Section 2804, Funding of the District of Columbia Universal Service Trust Fund, subsection 2804.2 is deleted in its entirety.
Section 2805, Sizing the District of Columbia Universal Service Trust Fund, is amended to read as follows:
2805 SIZING THE DISTRICT OF COLUMBIA UNIVERSAL SERVICE TRUST FUND
2805.1 The size of the DC USTF shall be the sum of the total local lifeline subsidy, the cost of lifeline eligibility verification, the cost of providing TRS, and reasonable administration costs for the Fund. The lifeline subsidy shall be determined by taking the difference between subsidized lifeline rates and the comparable tariffed residential rates, less the federal USF support, times the number of customers who subscribe to lifeline service.
2805.2 The Fund Administrator shall submit to the Commission:
(a) An income statement of the Fund’s activity based on the proceeding calendar year by April 15; and
(b) A proposed budget for the Fund for the upcoming calendar year by September 30.
2805.3 On or before November 30 of each year, the Commission shall establish a budget for the upcoming year after seeking comments on the Fund Administrator’s proposed budget.
Section 2806, Eligibility to Receive Universal Service Funding, is amended to read as follows:
2806 ELIGIBILITY TO RECEIVE UNIVERSAL SERVICE FUNDING
2806.1 Upon request by a local exchange carrier, and after notice and comment, the Commission shall consider designation of the requesting carrier as an ETC to receive funding from the DC USTF under the District of Columbia Telecommunications Competition Act of 1996 and 47 U.S.C. § 214(e). Interested parties may file comments within thirty (30) days after publication of the Commission’s Notice of Proposed Rulemaking, and reply comments within forty-five (45) days of publication.
2806.2 The Commission shall designate a requesting local exchange carrier as an ETC, provided:
(a) The LEC is certificated by the Commission to provide local exchange service, and offers all universal services to all residential customers in the District in a nondiscriminatory manner;
(b) The LEC has a compliant tariffed lifeline service in the District and advertises the availability and charges for lifeline service(s) it provides through multiple media of general distribution reasonably expected to reach eligible residents;
(c) The LEC has been designated as an ETC for purposes of Federal Universal Service support, or such designation is granted concurrent with designation of eligibility for District funding; and
(d) The Commission determines that the designation is in the public interest and that the LEC complies with the appropriate Commission regulations.
2806.3 In order to be designated as an ETC for purposes of Federal Universal Service support, the local exchange carrier shall meet the requirements of 47 U.S.C. § 214(e).
Section 2807, Relinquishment of DC USTF Support Eligibility, is amended to read as follows:
2807 RELINQUISHMENT OF DC USTF SUPPORT ELIGIBILITY
2807.1 A local exchange carrier may seek to relinquish its ETC designation.
2807.2 If the District of Columbia is served by more than one (1) ETC, the Commission may permit a carrier to relinquish its designation as an ETC upon:
(a) Written notification not less than ninety (90) days prior to the proposed effective date that the carrier seeks to relinquish its designation as an ETC;
(b) Determination by the Commission that the remaining eligible telecommunications carrier or carriers can offer federally and District of Columbia supported services to the relinquishing ETC’s customers; and
(c) Determination by the Commission that sufficient notice of relinquishment has been provided to permit the purchase or construction of adequate facilities by any remaining eligible telecommunications carrier or carriers necessary to serve the supported customers of the relinquishing ETC prior to the effective date.
2807.3 If the District is served by only one (1) local exchange carrier that is the only ETC, the Commission may permit it to relinquish its ETC designation upon:
(a) Written notification not less than ninety (90) days prior to the proposed effective date that the LEC seeks to relinquish its designation as an ETC; and
(b) Commission approval and designation of another ETC.
Section 2808, Selection and Duties of the DC USTF Administrator, is amended to read as follows:
2808 SELECTION AND DUTIES OF THE DC USTF ADMINISTRATOR
2808.1 The DC USTF Administrator (Administrator) will be selected through a competitive bidding process as provided for in 15 DCMR §§ 2200, et seq.
2808.2 The Administrator shall:
(a) Manage the daily operations and affairs of the DC USTF in an efficient, fair, and competitively neutral manner;
(b) Calculate and collect the proper assessment amount from every local exchange carrier and VoIP service provider operating in the District of Columbia;
(c) Disburse the proper support amounts to ETCs, ensuring that only ETCs receive funds;
(d) Notify the Commission of any local exchange carriers or VoIP service providers that are in violation of any of requirements of these rules;
(e) Compute the anticipated funding required and costs of the DC USTF programs as specified in this chapter;
(f) Establish a reserve for such contingencies as late payments and uncollectibles, in an amount to be approved by the Commission;
(g) Provide information necessary to support external audits of the DC USTF;
(h) Resolve informal assessment disputes with local exchange carriers and VoIP service providers;
(i) Maintain thorough records of costs directly and reasonably associated
with implementation of the DC USTF;
(j) Establish an appropriate true-up methodology for the DC USTF assessment;
(k) Protect the proprietary nature of information reported to the DC USTF administrator in conjunction with the Commission while recognizing that the DC USTF Administrator is subject to the Freedom of Information Act (FOIA), D.C. Official Code §§ 2-531 to 2-539 (2011 Repl.);
(l) Monitor the TRS provider’s compliance with the Commission’s and the FCC’s requirements for the provision of TRS and report suspected non-compliance to the Commission. At the direction of the Commission, conduct audits of the TRS provider to ensure compliance with the Commission and the FCC’s requirements for the provision of TRS;
(m) Maintain insurance to indemnify the Commission and the Fund against the Administrator’s and TRS provider’s improper use of the funds;
(n) Disburse the proper support amounts to the TRS vendor(s);
(o) Ensure that funds are received from each local exchange carrier and VoIP service provider and that the funds are deposited in the DC USTF;
(p) Disperse funds to the entity responsible for certifying Lifeline customers to reimburse for the costs of managing the certification program; and
(q) Perform any other duties as required by law or this chapter or ordered by the Commission.
Section 2809, Universal Service Fund Audit, is amended to read as follows:
2809 UNIVERSAL SERVICE FUND AUDIT
2809.1 The Administrator or the Commission shall have the authority to audit contributors, local exchange carriers, and VoIP service providers reporting data to the Administrator.
2809.2 On July 15 every year after the establishment of the DC USTF, an audit and recommendation report of the DC USTF provided by an independent accountant that is selected by the Commission shall be submitted to the Commission.
2809.3 The costs of the DC USTF audits shall be paid by the DC USTF.
2809.4 Those portions of the report that are not confidential in nature will be made available to the public for review.
2809.5 If the result of the audit reveals evidence of fraud or mismanagement, such results will be forwarded to the Office of the Inspector General and the District of Columbia Office of the Attorney General for further review.
Section 2815, Recovery of Contributions, is amended to read as follows:
2815 RECOVERY OF CONTRIBUTIONS
2815.1 A local exchange carrier may recover no more than the amount of its contributions to the DC USTF from its non-Lifeline retail customers.
2815.2 Prior to recovering its DC USTF contributions from its customers, a local exchange carrier shall have a tariff specifying the charge to be assessed, in accordance with the rules and Orders of the Commission.
2815.3 The local exchange carrier shall ensure that any recovery from its retail customers shall be in a fair, equitable, and nondiscriminatory manner.
2815.4 The local exchange carrier shall also ensure that no over-recovery of contributions occurs. Any over-recovery of Fund contributions for the preceding year shall be carried forward to the ensuing year and shall be included as a reduction in the calculation of the retail end-user recovery amount for the ensuing twelve (12)-month period of the local exchange carrier’s contributions. Any under-recovery of contributions for the preceding year, may, at the option of the local exchange carrier, be recovered from the end-users within the following twelve (12) months.
2815.5 In the event a local exchange carrier elects to recover its DC USTF contributions from its customers, the amount of the recovery shall be explicitly stated as a line item on its customers’ bills.
Section 2816, Request for DC USTF Funding, is amended to read as follows:
2816 REQUEST FOR DC USTF FUNDING
2816.1 Any ETC may request funding from the DC USTF for the provision of Lifeline service to an eligible customer.
2816.2 An ETC requesting funds from the DC USTF for the provision of Lifeline service to eligible customers shall submit a Request for DC USTF Funding Application (Application) with supporting documentation to the DC USTF Administrator and the Commission Secretary’s Office.
2816.3 Concurrent with the filing of the Application, the ETC requesting funding shall serve each District ETC and OPC with a copy of the Application
2816.4 Any entity responsible for certifying Lifeline customers may request funding from the DC USTF for reimbursement of costs incurred as the manager of the certification and recertification processes.
2816.5 Any TRS provider may request funding from the DC USTF consistent with its contract with the Commission to provide TRS services.
Section 2817, Review and Decision on Application for Funding, is amended to read as follows:
2817 REVIEW AND DECISION ON APPLICATION FOR FUNDING
2817.1 The Fund Administrator may request additional information from the Applicant. The Applicant must provide the requested information in writing to the Fund Administrator within fifteen (15) calendar days of the receipt of the request.
2817.2 If there is a deficiency with the Application, the Fund Administrator will notify the Applicant of the deficiency(ies) in writing within thirty (30) days of the receipt of the Application. Upon notification, the Applicant will have fifteen (15) calendar days to amend the Application or resubmit another Application to the Commission. If the Applicant does not correct or complete the Application within the fifteen (15)-day deadline, the Application will be denied.
2817.3 Each funding request shall be reviewed by the Fund Administrator on a case-by-case basis. Within thirty (30) days of receipt of an Application, the Fund Administrator shall review the submission and advise the Commission and the Applicant of eligibility in writing.
2817.4 After receiving a recommendation from the Fund Administrator, the Commission shall issue an Order denying or approving the Application within forty-five (45) days of receipt of the Administrator’s recommendation.
2817.5 Upon approval of the Application, the Applicant may elect to use any funding to offset future contributions, request that the funds be mailed, or request that the funds be deposited in a designated account. The Administrator shall provide the approved funding to the ETC within fifteen (15) calendar days of approval of the request.
2817.6 Unless good cause is shown, any request for DC USTF funding should be made within twelve (12) months from the date the carrier provided the Lifeline service for which funding is requested.
2817.7 If an ETC receives funding from alternative sources for an investment or expense already reimbursed by the DC USTF, the ETC shall reduce the amount of any prospective funding request from the DC USTF by the equivalent amount. Under no circumstances will double recovery be allowed.
2817.8 If the Commission does not issue an Order within the time frames set forth in § 2817.4, the request shall be deemed approved, on an interim basis, subject to refund, with interest at a rate determined by the Commission. Any refund shall include interest at a rate of not more than the interest rate established by the Commission on customer deposits and shall accrue for a period not to exceed ninety (90) days from the date the funds were received by the requesting provider.
2817.9 Any party adversely affected by the Commission’s decision shall have thirty (30) days to file a request for reconsideration. Upon filing a request for reconsideration, the Commission shall render a decision in accordance with chapter 1 of this title.
Section 2818, Priority of Distribution in the Event of a Shortfall, is amended to read as follows:
2818 PRIORITY OF DISTRIBUTION IN THE EVENT OF A SHORTFALL
2818.1 If the DC USTF experiences a shortfall, the available funds will be distributed in the following order:
(a) To support the services designated as universal services; and
(b) Any residual funds will be used to cover the costs associated with administering the fund.
2818.2 The remaining costs associated with administering the fund will be paid as additional funds become available.
Section 2819, Telecommunications Relay Service, is amended to read as follows:
2819 TELECOMMUNICATIONS RELAY SERVICE
2819.1 Provision of TRS in the District shall be administered by the Fund Administrator.
(a) The Fund Administrator shall monitor service levels to ensure that minimum service requirements specified in this chapter are satisfied.
(b) The Fund Administrator shall attempt to resolve any complaints regarding TRS in a reasonable timeframe. If unable to do so, the Fund Administrator shall refer the complaint to the Commission.
(c) The Fund Administrator shall draft the Application for Recertification to be submitted to the FCC every five (5) years, submitting the draft for review by the Commission no later than twelve (12) months prior to expiration of the current certification.
2819.3 A TRS Advisory Board, established by the Commission and comprised of community, industry and governmental representatives, shall monitor the provision of TRS in the District.
2819.4 The Board shall meet at least once every six months and provide input to the Fund Administrator and to the TRS provider regarding operation of TRS in the District.
2819.5 The Commission representative shall:
(a) Serve as facilitator to the Advisory Board;
(b) Schedule meetings and provide notice of the meetings to members;
(c) Take minutes and circulate the minutes to members; and
(d) Report urgent matters to the Fund Administrator when necessary.
2819.6 The TRS provider shall meet the requirements of 47 C.F.R. §§ 64.601, et seq. and any other requirements specified in FCC rules and regulations.
Section 2820, District of Columbia Lifeline Service Program, subsections 2820.3 through 2820.9 are amended to read as follows:
2820 DISTRICT OF COLUMBIA LIFELINE SERVICE PROGRAM
2820.1 The District of Columbia Lifeline Service Program is a program designed to operate in conjunction with the Federal Lifeline Program, to provide a low monthly recurring rate to qualifying residential subscribers for the services enumerated in § 2802.1.
2820.2 In order to qualify for the Lifeline subsidy, a customer must meet both District of Columbia and federal guidelines, which include certification and recertification processes. Customers must show that they either:
(a) Fall below the highest available income level authorized by the Federal Low Income Energy Assistance Program; or
(b) Participate in one of the following federal assistance programs: Medicaid; Food Stamps; Supplemental Security Income; Federal Public Housing Assistance (Section 8); Low-Income Home Energy Assistance Program; National School Lunch Program’s free lunch program; or Temporary Assistance for Needy Families.
2820.3 Each ETC shall file tariffs implementing a Lifeline service that is consistent with both FCC and Commission regulations.
2820.4 Lifeline subsidies shall not be available to customers on a retroactive basis.
2820.5 When the entity responsible for certifying Lifeline customers notifies an ETC that a list of customers no longer qualifies for Lifeline service and when the Commission orders termination of Lifeline service for those customers, the Lifeline rate will revert to the serving ETC’s standard tariffed retail rate.
2820.6 Lifeline service is only available at the qualifying customer’s principal residence. An applicant for Lifeline service may report only one (1) address in the District of Columbia as the principal place of residence. Post office boxes are not acceptable designations of residence. Where applicable, an apartment number must be provided.
2820.7 Each household receiving Lifeline service is limited to one (1) Lifeline-supported local exchange telecommunications service.
2820.8 Participants in the District’s Lifeline Program are eligible to receive Toll Restriction Service at no charge.
2820.9 District of Columbia residents who meet all eligibility requirements shall not be denied Lifeline service because of unpaid toll charges.
Section 2821, Waiver, is amended to read as follows:
2821 WAIVER
2821.1 Whenever compliance with any requirement of this chapter would result in unreasonable hardship upon or excessive expense to a party or parties subject to the rules of this chapter, the Commission may, upon application or sua sponte, and for good cause shown, waive or modify the requirements of this chapter.
Section 2822, Violations, is amended to read as follows:
2822 VIOLATIONS
2822.1 Failure to pay an assessed contribution to the DC USTF shall be deemed a violation of this chapter.
2822.2 If the Commission determines after notice and hearing that an ETC has acted in violation of this chapter, the Commission may file an action on behalf of the DC USTF to recover any unpaid fees and charges the Commission has determined are due and payable, including interest, administrative and adjudicative costs, and attorney fees. Upon collection of the above charges and costs, the Fund Administrator shall pay the costs of the actions and deposit the remaining funds in the DC USTF as appropriate.
Section, 2899, Definitions, is amended as follows:
2899 DEFINITIONS
2899.1 When used in this chapter, the following terms and phrases shall have the following meanings:
Administrator or Fund Administrator - the person(s) or entity(ies) responsible for administering the District of Columbia Universal Service Trust Fund.
Applicant - a local exchange carrier that has submitted a request for funding from District of Columbia Universal Service Trust Fund.
Application - the Request for DC USTF Funding Application.
Commission - the Public Service Commission of the District of Columbia.
Competitive local exchange carrier (CLEC) - a provider of telecommunications service that was not an incumbent local exchange carrier on January 31, 1996 but that is now certified to provide local exchange telecommunications service within the District.
Customer or Subscriber - any person, firm, partnership, cooperative corporation, corporation or lawful entity that receives telecommunications services.
District of Columbia Universal Service Trust Fund or DC USTF or Fund - the fund established and required to be implemented by the Commission pursuant to D.C. Code § 34-2003 (2010 Repl. & 2011 Supp.)
Eligible telecommunications carrier or ETC - any LEC that is designated as an eligible telecommunications carrier pursuant to 47 U.S.C. § 214(e) and 15 DCMR 2806, et seq.
Facilities - any physical components of the telecommunications network that are used in the transmission or routing of the services designated for support under 47 U.S.C. § 214(e)(1).
FCC - the Federal Communications Commission.
Incumbent local exchange carrier or ILEC - the local exchange carrier that provided local exchange telecommunications service in the District on the date of enactment of the federal Telecommunications Act of 1996, 47 U.S.C. §§ 151, et seq.
Lifeline Service - the service or benefits established by federal and District programs designed to keep low-income subscribers on the telecommunications network.
Local exchange telecommunications service - a switched telecommunications service capable of originating and terminating calls within the Washington Metropolitan local calling area.
Local exchange carrier or LEC - any person or entity that is engaged in the provision of local exchange telecommunications service or exchange access. The term “local exchange carrier” does not include a person or entity engaged in the provision of a commercial mobile service.
Low-income senior - a person aged sixty-five (65) or older that qualifies for Lifeline service.
Network - a telecommunications service provider's or telecommunication carrier’s facilities used to originate and terminate traffic.
Person - any individual, partnership, corporation, association, joint-stock company, or any other entity.
Telecommunications - the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
Telecommunications Act of 1996 - the Federal legislation cited as 47 U.S.C. §§ 151, et. seq.
Telecommunications Relay Service or TRS - telephone transmission services that provide the ability for an individual who has a hearing or speech disability to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing or speech disability to communicate using voice communications services by wire or radio. Such term includes services that enable two-way communication between an individual who uses a text telephone or other non-voice terminal device and an individual who does not use such a device, speech-to-speech services, video relay services, and non-English relay services.
Telecommunications service - the offering of telecommunications for a fee directly to the public or to such classes of users as to be effectively available to the public, regardless of the facilities used.
U.S.C. - United States Code.
Universal Service - an evolving set of telecommunications services determined to be essential for residential customers’ health and welfare, and as such, must be available throughout the District of Columbia.
Voice over Internet Protocol or VoIP - any service that enables real time two way voice communications that originate or terminate from the user’s location using Internet protocol or a successor protocol and uses a broadband connection from the user’s location. This term includes any service that permits users to receive calls that originate on the public switched telephone network and to terminate calls on the public switched telephone network.
VoIP service provider - any provider of Voice over Internet Protocol service.
[1] 57 DCR 11316 (November 26, 2010).
[2] Comments of AT&T Communications of Washington, DC, LLC, and Teleport Communications – Washington, D.C. Inc. regarding the proposed revisions to chapter 28 of the Rules of the Public Service Commission (“AT&T Comments”), filed December 23, 2010; Comments of the District Department of the Environment in response to the Commission’s November 26, 2010, Notice of Proposed Rulemaking (“DDOE Comments”), filed December 23, 2010.
[3] Comments of the Office of the People’s Counsel to the Proposed Universal Service Regulations (“OPC Comments”), filed December 27, 2010; Comments of Verizon Washington, DC Inc. to Notice of Proposed Rulemaking Issued November 26, 2010 (“Verizon DC Comments”), filed December 27, 2010.
