Section
7.301 Definitions
A.
End user: a person or entity who initiates a telephone
call.
B. N11 code: any
one of the three-digit dialing codes in the form N11 unavailable
under the North American Numbering Plan for assignment as area codes
or central office codes and used to connect end users to special
services where N is a digit between 2 and 9, inclusive.
C. N11 service manager: an entity,
other than a telephone company, responsible for operational oversight
of a service to which end users connect when calling an N11
code.
D. Telephone
company: a person or company offering a telecommunications service as
defined in Title 30 V.S.A. that uses telephone numbers.
Section 7.302
Abbreviated Dialing Codes
The purpose of this Rule is to ensure
the efficient use of limited abbreviated dialing code resources and
to encourage the development of abbreviated dialing code services
that are of high quality and that provide a consistent performance to
end users regardless of the end user's telephone company.
An N11 service manager may be designated for any N11
code not actively in use or reserved by the Federal Communications
Commission for use by telephone companies. The terms of any
designation under this Rule shall be consistent with the terms of any
assignment or designation by the Federal Communications
Commission.
A. Completion of
calls made to N11 codes. All telephone companies not exempted by
state or federal law shall complete calls made by end users to any
N11 code for which an N11 service manager for the code has been
designated under this Rule.
B. Charges to end users. No
telephone company may charge an end user for placing a call to an N11
service, except as otherwise provided in federal law, or as otherwise
authorized by the Public Service Board. Except as otherwise provided
in federal law, the Public Service Board may determine end-user
charges for placing a call to an N11 service.
Section 7.303 Designation of N11
service managers for N11 codes
A. An
entity may seek designation as an N11 service manager for an N11 code
under this section, provided that the N11 code does not otherwise
have an N11 service manager specifically designated under state or
federal law for the geographic area proposed to be served.
B. Each geographic area shall have
one N11 service manager per N11 code. The geographic area may be the
entire state of Vermont, or upon good cause shown, one or more
subdivisions. The geographic area in which each N11 service manager
provides service shall be determined by the Public Service Board at
the time the N11 service manager is designated. Except upon good
cause shown, calls shall not be routed to areas smaller than, or with
boundaries inconsistent with, existing exchange boundaries or
wireless coverage areas.
C. Petition form and content. An
entity seeking designation under this Rule as an N11 service manager
shall file a petition with the Public Service Board. The petition
shall identify the N11 code and the proposed geographic area
coverage, and shall describe the use intended for the code by the
proposed N11 service manager. The petition shall include the
following additional information and shall demonstrate that the
petitioner will meet the following standards:
(1) a description of the
organizational structure and management of N11 service manager along
with the N11 service manager's articles of association and bylaws, if
any;
(2) evidence of
sufficient technical and managerial expertise to administer the
service;
(3) evidence of
a sufficient and stable source of funding;
(4) a proposed implementation date
that affords affected entities sufficient time to undertake necessary
implementation arrangements;
(5) a plan for coordination of
services with other active and future N11 service managers operating
in the proposed and neighboring geographic coverage areas, which plan
demonstrates that the proposal will not cause any undue technical
difficulty for telephone companies;
(6) a plan for public education
about the use of the N11 code sufficient to assure that the proposed
use will not cause customer confusion;
(7) a technical proposal consistent
with the provisions of Section 7.303 B for routing N11
calls;
(8) a proposal for
the mechanism, if any, by which telephone companies will or may
recover costs associated with the N11 service;
(9) an operational plan for
ensuring availability of the N11 service 24 hours per day, 7 days per
week or an explanation of why a lesser level of availability is
appropriate;
(10) a
service quality proposal which shall include the standards, if any,
by which the N11 service manager's performance will be determined,
the means by which performance regarding those standards will be
measured, and a method by which the performance will be
reported;
(11) if the N11
code in question currently has an N11 service manager, an explanation
of the justification for changing N11 service manager designation and
an administration transition plan;
(12) other information showing that
the proposal must be practical, cost-effective and consistent with
the public interest.
D. Service of petition. The
petitioner shall provide a copy of the petition to the Department of
Public Service, the Vermont Enhanced-911 Board, all other N11 service
managers designated to provide service within the area the petitioner
proposes to serve or in a neighboring area within Vermont, all local
exchange carriers certified to provide service within the area the
petitioner proposes to serve, and all commercial mobile radio service
providers certified to provide service within the area the petitioner
proposes to serve. Along with each copy of the petition, the
petitioner shall provide a list of the persons served under this
paragraph.
E. Order.
After notice and opportunity for hearing, the Public Service Board
shall issue an order accepting, conditionally accepting, or rejecting
the petition.
F.
Provisional designation. If the Public Service Board finds that
provisional designation of an N11 service manager will promote the
planning and development of an N11 service in the public interest,
the Public Service Board may provisionally designate the petitioner
as the N11 service manager. This designation shall be for a fixed
period of time. An entity seeking provisional designation as an N11
service manager shall file a petition with the Public Service Board.
The petition shall identify the N11 code and the proposed geographic
area coverage, and shall describe the use intended for the code. The
petition must also include information sufficient to demonstrate
compliance, to the extent practicable, with the standards described
in 7.303 C.
(1) Telephone companies
shall not be obliged to complete N11 calls to an entity because it
has received provisional N11 service manager status, but shall make
good-faith efforts promptly to provide provisional N11 service
manager's information necessary for planning an N11 call routing and
answering system.
(2) A
provisional N11 service manager may submit a new petition for
recognition as a non-provisional N11 service manager at any time, or
may request an extension of provisional status.
G. Reporting and evaluation. In an
order granting a provisional or non-provisional designation as an N11
service manager, the Public Service Board may require a periodic
report by the N11 service manager, and may specify a process for
evaluating the performance of the N11 service manager.
H. Term and revocation of
designation.
(1) The term of a
non-provisional N11 service manager designation shall be indefinite
unless expressly limited by the Public Service Board. Designation as
an N11 service manager may not be transferred to a successor without
prior Public Service Board approval.
(2) Upon its own motion or upon the
petition of the Department of Public Service or an entity or person
adversely affected by an N11 service manager's performance, the
Public Service Board may after notice and opportunity for hearing
revoke or suspend its designation of an N11 service manager, or may
impose additional conditions on continued designation for failure to
adequately administer its N11 code, for failure to comply with
conditions of its designation, or if the Public Service Board
determines that taking such actions serve the public good of the
state.
(3) The burden of
proof in a revocation hearing is on the party seeking the revocation
or suspension; the standard of proof is the preponderance of the
evidence.
Statutory Authority:
3 V.S.A. §
206;
30 V.S.A. §
2