ORDER NO. 99-187

ENTERED MAR 02 1999

This is an electronic copy.

OF OREGON

UM 928

 DISPOSITION: INVESTIGATIONS OPENED; SERVICE OBLIGATIONS IMPOSED

At its public meeting on March 2, 1999, the Public Utility Commission of Oregon initiated an investigation in the service quality provided by U S WEST Communications, Inc. (USWC) to Mercy Medical Center, Roseburg, Oregon (Mercy), under ORS 756.515(4). In addition, the Commission initiated an investigation into service quality problems in the Roseburg, Sutherlin, and Winston, Oregon areas. Finally, the Commission ordered USWC to submit a report concerning the future of the remaining ten 1AESS switches in Oregon.

At the public meeting, the Commission received testimony and an affidavit from Anthony Haber, Director of General Services, of Mercy. The record shows that over at least the past two months, Mercy has experienced problems with the telecommunications services provided by USWC on almost a daily basis. Several employees received fast busy signals when they attempted to make telephone calls. Mercy medical and administrative personnel have been experiencing severe call blocking problems while trying to access long distance trunks.

In the past three weeks, the blocking has created potentially life-threatening problems at the Mercy emergency room. Mercy had two emergency cases requiring voice telecommunications consultations with doctors at the Oregon Health Sciences University (OHSU) in Portland. On those two occasions, medical personnel had to wait between five and ten minutes for the calls to go through. Mr. Haber noted that during a medical emergency, five minutes is an eternity. In addition, Mercy has had difficulty using telecommunications facilities to send ultrasound and magnetic resonance imaging (MRI) images for evaluation to doctors in other medical facilities due to the switch blocking problems. While this problem is not as serious, it is also a matter of concern to Mercy.

Cellular telephones are not a satisfactory alternative for the physicians in the emergency room. These telephones emit radio waves that interfere with telemetry equipment used to monitor the condition of patients. In addition, USWC cannot provide Mercy dedicated access to trunks because the hospital has a PBX.

Mr. Haber discussed this problem with USWC personnel. Thus far, his requests for adequate service have gone unmet. Mr. Haber reports that local USWC personnel have been polite and have tried to be helpful. However, when he reported the problems with emergency room communications, he was told that the service problems would be addressed when USWC completed its planned switch replacement in two years. Mr. Haber is requesting guaranteed access to telephone trunk lines.

Vicki McLean, Administrator, of Central Services Division reported that, over the past two months, the Commission's Consumer Services Section has received an increasing number of consumer complaints over call blockage from the Roseburg area. In mid-February, the City of Sutherlin Police Department reported that the officers were having difficulty reaching the dispatch center in Roseburg between 5 p.m. and midnight. U.S. Congressman Peter DeFazio’s office called the Commission indicating that senior citizens in the area are concerned about the accessibility of 911 services to them.

The Commission's Staff telecommunications engineer, Woody Birko, looked into the problems that Mercy is experiencing. He spoke to USWC personnel and evaluated the telecommunications facilities serving the Roseburg, Sutherlin, and Winston areas. He indicates that the problems that Mercy is experiencing are endemic throughout the Roseburg area. Properly operated and maintained facilities should not have reached this state of inadequacy. Although USWC is currently adding capacity to address the problems, the steps should have been taken before service degraded. Based on his testimony, we find:

• The USWC central office switching equipment serving the Roseburg area is an outdated analog 1AESS switch. The cost of this equipment is fully depreciated on USWC's books.
• The trunking facilities in the Roseburg area are under the capacity requirements specified in our rules. OAR 860-023-0055.
• The Commission's records indicate that USWC’s network performance started to decline in the Roseburg area in September 1998. The problem became serious in November 1998.

Mr. Birko recommends that USWC be required to take the following steps to address the service problems experienced by Mercy and by the Roseburg area:

• Immediately address Mercy’s problems so it can access OHSU and other specialty medical centers;
• By March 12, 1999, load balance the existing 1AESS office; and
• By March 20, 1999, increase the number of interoffice facilities in Roseburg, Sutherlin, and Winston to provide the grade of service required in OAR 860-023-0055.

In addition, Mr. Birko recommends that the Commission open an investigation to address USWC's plans to ensure adequate service by its eleven 1AESS switches operating in Oregon. Mr. Birko recommends that USWC report its plans for those switches by April 1, 1999. We adopt that recommendation.

Based on the testimony from Mr. Birko, we conclude that the service failures are due to USWC’s apparent unwillingness to maintain and update its facilities properly. These failures are serious in that they could impact persons needing to call 911, impact police needing to contact the dispatch center in Roseburg, and impact patients seeking emergency care at Mercy. As a result, we adopt Mr. Birko’s recommendations. USWC must take actions that will enable Mercy emergency medical personnel to contact specialty medical centers, such as OHSU, without delay. In addition, USWC must update equipment expeditiously to ensure that customers, including Mercy, receive the service to which they are entitled. Finally, USWC must report to us on the status of its plans for its 1AESS switches operating in Oregon.

ORDER

IT IS ORDERED that:

1.  An investigation be opened into the telecommunications services provided by U S West Communications, Inc., to Mercy Medical Center, Roseburg, Oregon, and the status of its 1AESS switches operating in Oregon.

2.  U S WEST Communications, Inc., shall:

a.  Immediately take whatever actions are necessary to address the problems that Mercy Medical Center is experiencing with voice and data telecommunications to specialty medical centers, such as Oregon Health Sciences University;

b.  By March 12, 1999, load balance the existing 1AESS office;

c.  By March 20, 1999, increase the number of interoffice facilities in Roseburg, Sutherlin, and Winston to provide the grade of service required in OAR 860-023-0055; and

d.  By April 1, 1999, report to the Commission on its plans for the 1AESS switches that it is still operating in Oregon.

3.  By April 1, 1999, Commission Staff shall report to the Commission on the status of USWC's service problems in the Roseburg, Sutherlin, and Winston areas.

4.  By May 1, 1999, Commission Staff shall report to the Commission on the adequacy of USWC's plans for its 1AESS switches still operating in Oregon.

Made, entered, and effective ____________________________.

A party may request rehearing or reconsideration of this order pursuant to ORS 756.561. A request for rehearing or reconsideration must be filed with the Commission within 60 days of the date of service of this order. The request must comply with the requirements of OAR 860-014-0095. A copy of any such request must also be served on each party to the proceeding as provided by OAR 860-013-0070. A party may appeal this order to a court pursuant to ORS 756.580.