The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Applicant—A person, association, partnership, corporation or government agency making a written or oral request for the commencement of or changes in its public utility service.

   Application—A written or oral request to a public utility for the commencement of or changes in public utility service.

   Automatic dialing-announcing device—Automatic equipment used for solicitation which has a storage capability of multiple numbers to be called or a random or sequential number generator that produces numbers to be called and has the capability, working alone or in conjunction with other equipment, of disseminating a prerecorded message to the number called.

   Busy hour—The continuous 1-hour period of the day during which the volume of traffic is greater than during another continuous 1-hour period of the same day.

   Busy season—The calendar month or 30-day period of the year during which the greatest volume of traffic is handled in the office.

   Calls—A customer telephone message attempted.

   Central office—An operating unit equipped with switching apparatus by means of which telephonic communication is established between telephones connected to it or by the additional aid of trunk lines between the telephones and telephones connected to other central offices.

   Customer—A person, association, partnership, corporation or government agency provided with telephone service by a regulated public utility.

   Exchange—A unit established by a public utility for the administration of communication services under its specific local exchange service tariff provisions consisting of one or more central offices with associated plant facilities used in furnishing services and having one point designated for the purpose of rating toll calls for customers.

   Interexchange carrier—A carrier which provides interexchange telephone services to the public under 66 Pa.C.S. §  3008 (relating to interexchange telecommunication carrier).

   Local service area—The area within which customers may call without assessment of toll charges.

   Message—A completed customer or user call.

   Message unit—A unit of measurement used for a form of exchange service under which originated messages are measured and charged for in accordance with the local exchange tariff.

   Metering—The metering of data concerning a customer’s calls which is used in preparation of the customer’s bill for service which is made by operators, automatic message accounting, message registers or other acceptable data recorder methods.

   Nonprimary service order—An application for simple residential or business, voice grade, public utility service which is not primary service.

   Primary service order—An application for simple residential or business, voice grade, public utility service to be provided at a customer location which does not have public utility service including, but not limited to, the initial connection of a new customer or the transfer of public utility service of an existing customer’s service to a new location.

   Public utility—A person or corporation owning or operating equipment or facilities in this Commonwealth for conveying or transmitting messages or communications over the telecommunications network for the public for compensation. The term does not include either a person or corporation not otherwise a public utility who or which furnishes service only to himself or itself or a bona fide cooperative association which furnishes services only to its stockholders or members on a nonprofit basis.

   Subscriber—A person, firm or corporation designated on public utility records as the party responsible for payment of bills for telephone service.

   Surveillance level—A measurement of telephone service which indicates a need for the public utility to investigate the cause of the problem, to remedy the problem and to inform the Commission of the problem.

   Trouble report—A written or oral report delivered to an authorized public utility representative by a customer or user of public utility services which relates to a defect, difficulty or dissatisfaction with the public utility’s regulated service.

   Trunk—A communication channel between central offices, switching units or private branch exchanges.

   Working day—A day except Saturday, Sunday or legal holiday.

   The provisions of this §  63.1 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301, 1501, 1504 and 2901.

   The provisions of this §  63.1 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (232265) to (232266) and (205879).

   This section cited in 52 Pa. Code §  63.51 (relating to purpose); and 52 Pa. Code §  63.52 (relating to exceptions).

Subchapter B. SERVICE AND FACILITIES

Sec.

§ 63.11. [Reserved].

 (a)  Interference. A public utility system shall be so constructed as to eliminate cross-talk and noise resulting from faulty construction, to the extent that these factors interfere with the satisfactory transmission of messages.

 (b)  Induction. A public utility shall use reasonable means to minimize inductive effects between adjacent power and communication circuits.

   The provisions of this §  63.12 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501 and 1508.

 A public utility shall adopt a program of periodic tests, inspections and preventive maintenance aimed at achieving continuous efficient operation of its system in a manner satisfactory to the Commission.

   The provisions of this §  63.13 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501 and 1508.

 (a)  Emergencies. A public utility shall take reasonable measures to meet emergencies, such as fire, storm, illness of personnel, power failure or sudden increase in traffic, by making available to the extent practicable the following:

   (1)  Emergency sources of ringing, lighting and other power.

   (2)  Other reserve equipment.

     (i)   The reserve equipment shall include a minimum of 3 hours battery reserve for central offices equipped with permanently installed standby power facilities.

     (ii)   Central offices shall have adequate provisions for standby power. A central office which is without stationary standby power facilities shall have available a portable power unit which can be delivered and connected on short notice.

     (iii)   Exchanges exceeding 5,000 lines shall be equipped with stationary standby power facilities.

   (3)  Qualified personnel for emergency operating and repair work.

 (b)  Emergency service. If the volume of traffic does not require that the central office be attended during the full 24 hours, emergency service shall be provided during the period in which the switchboard is unattended by the use of suitable alarm signals and conveniently available personnel.

   The provisions of this §  63.14 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  Investigations. A public utility shall make a full and prompt investigation of service complaints made to it through the Commission by its customers or third parties. Upon receiving a service complaint from a customer of a utility, the Commission will transmit a summary of the service complaint to the utility. If a service complaint is resolved, the utility may terminate the investigation by submitting or transmitting a copy of the service order which identified the action taken by the utility to resolve the service complaint. When complaints are referred to the public utility through the Commission, the public utility and the Commission shall work to process and resolve all complaints.

 (b)  Records of complaints. A public utility shall preserve written or recorded service complaints showing the name and address of the subscriber or complainant, the date and character of the complaint, the action taken and the date of final disposition. Records of complaints shall be kept in accordance with §  64.192 (relating to record maintenance).

 (c)  Commission review. If a customer or applicant expresses dissatisfaction with the utility company’s decision or explanation, the utility shall inform the customer or applicant of the right to have the problem considered and reviewed by the Commission and shall provide the name, address and telephone number of the appropriate Commission Bureau. This subsection shall be read in conjunction with § §  64.141—64.182 when applicable to residential utility service.

   The provisions of this §  63.15 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301, 1501, 1504 and 2901.

 Traffic measurements shall be taken of sufficient extent, frequency and character to determine that central office equipment and personnel are adequate to handle traffic without unreasonable delay.

 A multiparty line subscriber may be required to take service of a different grade if his use of service interferes unreasonably with the necessary service of the other subscribers on the line. The number of subscribers connected to a multiparty line shall be limited to a maximum of four.

   The provisions of this §  63.18 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301, 1501 and 1508.

 A public utility furnishing, singly or jointly with other telephone companies, channels for communication between different central offices, may not connect stations of subscribers to these channels. Sufficient interoffice channels shall be provided to handle the traffic without unreasonable delay.

 (a)  Duty of public utility to make line extensions. A public utility shall make reasonable line extensions within the territory in which it is chartered to operate.

 (b)  Tariffs to include line extension rule. As part of its tariffs each public utility shall file rules with the Commission setting forth the conditions under which it will make line extensions servicing applicants within its charter territory.

 (a)  When a directory is provided by the public utility, it shall be revised and reissued at sufficiently frequent intervals to avoid serious inconvenience to the public. A satisfactory length for a directory period shall be determined by the volume of changes and new listings and the facilities available for supplying new numbers to calling parties and for intercepting calls to numbers which have been changed.

 (b)  One copy of each new directory issue shall be furnished to each subscriber and one copy sent to the Commission by the issuing public utility at the time of its distribution to subscribers.

 (c)  A directory shall contain the following:

   (1)  The name of the issuing public utility.

   (2)  The month and year issued.

   (3)  A statement of the area covered by the directory.

   (4)  Necessary instructions to enable users to place calls efficiently, including, but not limited to, telephone company local, toll, emergency and operator-assistance calls. Necessary instructions to transact business with the telephone company, such as payment of bills, ordering changes in service and reporting service difficulties.

   (5)  A separate section containing social service organization, school and government listings.

 (d)  A name shall be listed in a directory only if the following conditions are met:

   (1)  It leads to a positive and particular identification of a party.

   (2)  It is a name the party legally is authorized to use.

   (3)  It is a name used by the party in the community.

   (4)  It is a name which is not misleading, deceptive or confusing.

 (e)  Upon receiving a customer complaint alleging misleading, deceptive or confusing directory listings, a public utility shall investigate the complaint under §  63.15 (relating to complaint procedures). If the utility determines that a directory listing is misleading, deceptive or confusing, the utility shall delete the listing from future directories. After reaching its decision the public utility shall advise interested parties in writing of its opinion and shall inform them of the right to file a complaint with the Commission.

   The provisions of this §  63.21 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301, 1501, 1504 and 2901.

   The provisions of this §  63.21 adopted March 25, 1946; amended through June 30, 1969; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (225747) to (225748) and (205885).

   Duty to Inform

 (a)  A public utility shall keep sufficient records to reflect the following:

   (1)  Tests and inspections showing data as to date, facilities tested or inspected, conditions of the facilities and action taken.

   (2)  Service complaints and trouble reports.

     (i)   A public utility shall provide for the receipt of trouble reports at all hours and make a full and prompt investigation of, and response to, complaints, with the exception of isolated outages beyond normal working hours affecting fewer than 15 customers in an exchange.

     (ii)   A public utility shall maintain an accurate record of customer trouble reports which shall include:

       (A)   Identification of the customer affected.

       (B)   Service affected.

       (C)   Time, date and nature of the report.

       (D)   Results of investigation.

       (E)   Action taken to remedy the situation.

       (F)   Time and date of trouble clearance or other disposition.

   (3)  Service interruptions affecting 300 or more customers, including the date, cause, extent and duration of the interruption.

   (4)  Location and description of its plant, including maps, as appropriate.

 (b)  Records required by this chapter shall be kept within this Commonwealth at an office of the utility located in the territory served by it, and shall be open for examination by the Commission or its representative.

 (c)  Records pertaining to reasonableness and adequacy of utility service, as required by this chapter, shall be filed with the Commission and released to the public upon request. A utility may petition the Commission for waiver of this subsection for particular public requests.

   The provisions of this §  63.22 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1508 and 2901.

 Overhead and underground public utility equipment or facilities and crossings of the wires or cables of every public utility over or under the facilities of other public utilities, cooperative associations or electric utilities—including parallel or random installation of underground electric supply and communication conductors or cable—shall be constructed and maintained in accordance with safe and reasonable standards as set forth in the National Electrical Safety Code, 1981 edition.

   The provisions of this §  63.23 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501 and 1508.

 (a)  System maintenance. Each public utility shall endeavor to maintain its entire system in such condition as to make it possible to furnish continuous service, and shall take reasonable measures to prevent interruptions of service and to restore service with a minimum delay if interruptions occur.

 (b)  When main telephone service is interrupted for a period of at least 24 hours, the public utility, after due notice by the customer, shall apply the following schedule of allowances except in situations as provided for in paragraph (3):

   (1)  One-thirtieth of the tariff monthly rate of services and facilities furnished by the public utility rendered inoperative, useless or impaired for each of the first three full 24-hour periods during which the interruption continues after notice by the customer to the public utility conditioned that the out-of-service extends beyond a minimum of 24 hours.

   (2)  Two-thirtieths of each full 24-hour period beyond the first three 24-hour periods. However, in no instance may the allowance for the out-of-service period exceed the total charges in a billing period for the service and facilities furnished by the public utility rendered useless or impaired.

   (3)  When service is interrupted for a period of at least 24 hours due to such factors as storms, fires, floods or other conditions beyond the control of the public utility, an allowance of 1/30 of the tariff monthly rate for all services and facilities furnished by the public utility rendered inoperative or substantially impaired to the extent of being useless shall apply for each full 24 hours during which the interruption continues after notice by the customer to the public utility.

   (4)  The allowances set forth in paragraphs (1)—(3) may not be applicable where service is interrupted by the negligence or willful act of the customer to service or where the public utility, pursuant to the terms of the contract for service, suspends or terminates service for nonpayment of charges or for unlawful or improper use of the facilities or service or for any other reason provided for in the filed and effective tariff.

   The provisions of this §  63.24 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501 and 1508.

   The provisions of this §  63.24 adopted March 25, 1946; amended through June 30, 1969; amended through October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285. Immediately preceding text appears at serial pages (21004) to (21005).

Subchapter C. ACCOUNTS AND RECORDS

Sec.

§ 63.31. Classification of public utilities.

 For accounting and reporting purposes, telephone public utilities are classified as follows:

   (1)  Class A. Telephone public utilities that are incumbent local exchange carriers subject to an alternative form of regulation, including, but not limited to, price cap formulas, under 66 Pa.C.S. Chapter 30 (relating to alternative form of regulation of telecommunications services).

   (2)  Class B. Telephone public utilities that are incumbent local exchange carriers subject to rate base/rate of return regulation or the Plan B Simplified Ratemaking Plan approved by the Commission under 66 Pa.C.S. Chapter 30.

   (3)  Class C. Telephone public utilities that provide competitive local telephone exchange services and that are not the incumbent provider in any local exchange area within this Commonwealth.

   The provisions of this §  63.31 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

   The provisions of this §  63.31 adopted March 25, 1946; amended through June 30, 1969; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394; amended April 5, 2002, effective April 6, 2002, 32 Pa.B. 1723. Immediately preceding text appears at serial page (246453).

 (a)  Class A and Class B telephone public utilities shall keep their accounts in conformity with the requirements prescribed by the Federal Communications Commission (FCC), under ‘‘Common Carrier Services; Revision; Uniform System of Accounts (USOA); Classes A, B, and C Telephone Companies’’, 51 Fed. Reg. 43498 (December 2, 1986) (to be codified at 47 CFR Part 32). The symbol ‘‘32’’ which forms the initial component of each account number in the system of accounts, as published, may not be considered as a prescribed part of the account number for accounting and reporting purposes.

 (b)  A Class C telephone public utility which is not required by the FCC to conform to the USOA and does not do so, shall inform the Commission of this fact on its annual financial report. The Class C utility shall also state the method of accounting utilized to compile the financial information reported, including the Generally Accepted Accounting Principles (GAAP).

   The provisions of this §  63.32 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1501 and 1701.

   The provisions of this §  63.32 adopted March 25, 1946; amended through June 30, 1969; amended December 18, 1987, effective January 1, 1988, 17 Pa.B. 5253; amended April 5, 2002, effective April 6, 2002, 32 Pa.B. 1723. Immediately preceding text appears at serial pages (246453) to (246454).

 With respect to those companies which keep their accounts in conformity with the requirements prescribed by the Federal Communications Commission under the ‘‘Common Carrier Services; Revision; Uniform Systems of Accounts (USOA); Classes A, B and C Telephone Companies,’’ 51 FR 43498 (December 2, 1986) (to be codified at 47 CFR Part 32), amounts in Class A and Class B accounts 169—173 inclusive, and in Class C accounts 185 and 190, reserved as of the effective date of the appropriate system of accounts prescribed in §  63.32 (relating to systems of accounts), may not, except by permission of the Commission, be used for any purpose other than the specific purpose for which reserved.

   The provisions of this §  63.33 amended under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

 Before making entries in its books of account to reclassify its telephone plant to original cost when first devoted to the public service, as required by the text of accounts 100:1, 100:2, 100:3, 100:4 and 100:7 of the uniform accounting system prescribed by §  63.32 (relating to systems of accounts), each telephone public utility subject to such system of accounts shall submit to the Commission, for approval, a draft of the entries which it proposes to make accompanied by all of
the following data, sworn to or affirmed by the officer of the utility responsible for the preparation of such entries:

   (1)  Statement A. Statement A shall be a comprehensive statement of the procedures and methods followed by the utility in the determination of the original cost of its telephone plant at the effective date of the uniform accounting system prescribed by §  63.32. If procedures or methods or both differed with respect to classes of plant, such differences should be set forth clearly.

   (2)  Statement B. Statement B shall be a comprehensive index for the utility and for each of its predecessors of ledgers, journals and other books of account, of vouchers, work orders, contracts covering the purchase or construction of utility plant, time reports, payrolls and summaries and other original records which are the sources of entries in the books of account for telephone plant transactions and relevant reserves, and of other books and memoranda, such as minute books, operating maps and records, and similar items, which may be useful in the establishment of the historical development of the telephone plant and related reserves of the company. With the exception of mass records—such as material tickets, vouchers, work orders, time reports, payrolls, and similar items—the index shall describe each record, indicate the period covered by it, show the physical location of it, and give the name of the person in charge of it. For mass records, the index shall be so prepared to show, for each type record, the periods covered thereby at each location and identified, as appropriate, by the first and last serial number of the record for each period.

   (3)  Statement C. Statement C shall be an outline of the origin and the development of the utility, including a description of each consolidation and merger to which the utility or predecessors were parties, and each acquisition by the utility or by a predecessor of property comprising a substantially complete telephone system, exchange line, or toll line.

   (4)  Statement D. Statement D shall be a summary by years for the utility and for each of its predecessors of the gross debits and the gross credits to the telephone plant account from the date of origin of the telephone plant of the utility to the effective date of the system of accounts prescribed by §  63.32, setting forth all of the following:

     (i)   Plant acquired by merger or consolidation.

     (ii)   Plant constructed by the utility.

     (iii)   Plant acquired by purchase.

     (iv)   Total.

     (v)   Retirements of the plant which cannot be classified by subparagraphs (i)—(iii).

     (vi)   Balance at the effective date of the system of accounts.

   (5)  Statement E. Statement E shall be a statement showing the following for each acquisition by the utility or by a predecessor—through consolidation, merger or purchase—of property comprising a substantially complete telephone system, exchange line, or toll line:

     (i)   A description of the property acquired.

     (ii)   The names of parties to the transaction and whether the parties were affiliated with each other.

     (iii)   The date of incorporation of the merged constituent or vendor.

     (iv)   The date physical property was acquired.

     (v)   A balance sheet of the predecessor at the date its plant was acquired.

     (vi)   The book value of the plant acquired, by primary accounts, as recorded by the predecessor or vendor, at the date the physical property was acquired.

     (vii)   The cost of the plant to the acquirer, and how the cost was determined.

     (viii)   Entries recording the acquisition.

     (ix)   The amount recorded by the acquirer in subaccounts of 100:1, ‘‘Telephone plant in service,’’ of the uniform system of accounts prescribed by §  63.32.

     (x)   The amount of depreciation reserve applicable to the plant acquired, as shown in the books of account of the predecessor or vendor.

     (xi)   The adjustment of the depreciation reserve, if any, by the vendee with respect to the plant acquired, and the basis.

     (xii)   If the capital stock of the predecessor was acquired prior to the acquisition of its property, the date or dates such capital stock was acquired, from whom acquired, the consideration paid, and whether the vendor was an affiliate of the utility or of a predecessor.

     (xiii)   If the parties referred to in subparagraphs (ii) and (xii) were affiliates, the following additional information shall be furnished:

       (A)   With respect to subparagraph (ii), the name of the affiliated interest which acquired the property at arm’s-length, and the consideration paid by it shall be given.

       (B)   With respect to subparagraph (xii), the name of the affiliated interest which acquired the capital stock at arm’s-length, and the consideration paid by it shall be given.

   (6)  Statement F. Statement F shall be a statement for the accounting utility or its predecessors showing any increases in plant accounts resulting from the recording of appraised values. The statement should give the full journal entry together with a comparative balance sheet showing the accounts prior and subsequent to the journal entry at the time the appraisal was recorded.

   (7)  Statement G. Statement G shall, with respect to increments, that is, differences between paragraph (5) (vi) and (ix) and also the amounts shown by Statement F under paragraph (6) in plant accounts of the utility or its predecessors arising from plant acquisitions or from the recording of appraised values, state the amounts of the increments remaining in the plant account as of the reclassification date.

   (8)  Statement H. Statement H shall be a statement with detailed accounts showing telephone plant per books as of the date as of which telephone plant will be reclassified to original cost.

   (9)  Statement J. A statement J shall be a statement, by years of plant installation, of the original cost of the telephone plant proposed to be classified in the subaccounts of account 100:1, ‘‘Telephone plant in service,’’ of the uniform system of accounts prescribed in §  63.32.

   (10)  Statement K. Statement K shall be a comparative balance sheet, as of the effective date of the system of accounts, setting forth the accounts and the amounts appearing in the books of account both before entries to adjust the telephone plant to original cost have been made, and to give pro forma effect to the proposals of the utility for adjusting the telephone plant to original cost.

   (11)  Statement L. Statement L shall be a reconciliation of the book value of the telephone plant immediately before reclassification to original cost (as shown by Statement H in paragraph (8)) and the utility-determined original cost as of the effective date of the system of accounts (as shown in Statement J in paragraph (9)). The reconciliation shall show all adjustments by nature of adjustment in detail.

   (12)  Statement M. Statement M shall be an analysis of Account 100:4, ‘‘Telephone plant acquisition adjustment,’’ and of Account 100:7, ‘‘Telephone plant adjustment,’’ showing character and the basis for computation of each amount included and proposed to be included.

   (13)  Statement N. Statement N shall be a suggested plan for depreciating, amortizing, or otherwise disposing of, in whole or in part, the amounts included and includible, as of the effective date of the system of accounts, in Account 100:4, ‘‘Telephone plant acquisition adjustment,’’ and Account 100:7, ‘‘Telephone plant adjustment,’’ of the uniform system of accounts prescribed by §  63.32.

 (a)  A telephone public utility shall keep and preserve its records in conformity with ‘‘Part 45—Preservation of Records of Telephone Carriers,’’ adopted by Federal Communications Commission on August 16, 1950 (47 CFR Part 42).

 (b)  Telephone public utilities which maintain the original cost of their plants in continuing property records which conform with the requirements of the Commission may apply for permission to dispose of books and records related to transactions dated 20 years or more prior to the date of the application.

 Under 66 Pa.C.S. § §  504 and 3301 (relating to reports by public utilities; and civil penalties for violations), the Commission may require a public utility to file certain reports, and invoke penalties for failure to file those reports. In this regard, the following apply:

   (1)  Unless prior permission to do otherwise is granted, a public utility, other than transportation, subject to the jurisdiction of the Commission, shall file with the Commission annual financial reports by April 30 immediately following the reporting year, for reports based upon the calendar year, and by July 31 immediately following the reporting year for reports permitted to be based upon the fiscal year ending May 31. A request for an extension of time for filing an annual report shall be submitted to the Commission prior to the filing dates specified in this paragraph.

   (2)  If a public utility, other than transportation, fails to file its annual report in compliance with paragraph (1), the public utility may be subject to a penalty as provided under 66 Pa.C.S. §  3301. Continued failure to file annual reports may result in additional penalties.

   The provisions of this §  63.36 amended under the Public Utility Code, 66 Pa.C.S. § §  501 and 504.

   The provisions of this §  63.36 adopted March 25, 1946; amended through June 30, 1969; amended May 6, 1988, effective May 7, 1988, 18 Pa.B. 2106. Immediately preceding text appears at serial page (125481).

   This section cited in 52 Pa. Code §  101.2 (relating to definitions); and 52 Pa. Code §  101.4 (relating to reporting requirements).

Subchapter D. UNDERGROUND SERVICE

Sec.

§ 63.41. Underground telephone service in new residential developments.

 (a)  For the purpose of this section only, the following words and terms, have the following meanings, unless the context clearly indicates otherwise:

   (1)  Applicant for telephone service—The developer of a recorded plot plan consisting of five or more lots, or one or more five unit apartment houses.

   (2)  Developer—The party responsible for constructing and providing improvements in a development, that is, streets, sidewalks and utility-ready lots.

   (3)  Development—A planned project which is developed by a developer/applicant for telephone service set out in a recorded plot plan of five or more adjoining unoccupied lots for the construction of single-family residences, detached or otherwise, mobile homes, or apartment houses, all of which are intended for year-round occupancy, if telephone service to the lots necessitates extending the utility’s distribution lines.

   (4)  Distribution line—A main line facility directly or indirectly connecting the customers in a development to the telephone central office.

   (5)  Service line—A line from the distribution line to the residence of the subscriber.

   (6)  Subdivider—The party responsible for dividing a tract of land into building lots which are not to be sold as utility-ready lots.

   (7)  Subdivision—A tract of land divided by a subdivider into five or more adjoining unoccupied lots for the construction of single-family residences, detached or otherwise, or apartment houses, all of which are intended for year-around occupancy, if telephone service to the lots necessitates extending the utility’s existing distribution lines.

 (b)  Distribution and service lines, except pedestals, installed as the result of an application for the telephone service within a development shall be installed underground; shall conform to the utility’s construction standards; and shall be owned and maintained by the utility. Excavating and backfilling shall be performed by the applicant for telephone service or by another agent the applicant may authorize. Other installation shall be performed by the utility or by another agent the utility may authorize. The utility may not be liable for injury or damage occasioned by the wilful or negligent excavation, breakage or other interference with its underground lines occasioned by anyone other than its own employes or agent. Nothing in this section shall prohibit a utility from performing its own excavating and backfilling for greater system design flexibility. No charges other than those specified in subsections (c) and (d) is permitted.

 (c)  The applicant for telephone service to a development shall do the following:

   (1)  At its own cost, provide the utility with a copy of the recorded development plot plan identifying property boundaries, and with easements satisfactory to the utility for occupancy and maintenance of distribution and service lines and related facilities.

   (2)  At its own cost, clear the ground in which the service lines and related facilities are to be laid of trees, stumps and other obstructions, provide the excavating and backfilling according to utility specifications and subject to the inspection and approval of the utility, and backfill within 6 inches of final grade. Utility specifications for excavating and backfilling shall be set forth by the utility in written form and presented to the applicant at the time of application for the service and presentation of the plot plan to the utility. If the utility’s specifications have not been met by the applicant’s excavating and backfilling, the excavating and backfilling shall be corrected or redone by the applicant or its authorized agent. Failure to comply with the utility’s construction standards and specifications permits the utility to refuse utility service until the standards and specifications are met.

   (3)  Request the installation of distribution and service lines at the time that the lines may be installed before curbs, pavements and sidewalks are laid; carefully coordinate scheduling of the utility’s line and facility installation with the general project construction schedule including coordination with another utility sharing the same trench; keep the route of lines clear of machinery and other obstructions when the line installation crew is scheduled to appear; and otherwise cooperate with the utility to avoid unnecessary costs and delay.

   (4)  Place with the telephone company, in advance or upon other terms that the company may require, the following charges:

     (i)   A prepayment in aid of construction in an amount not in excess of 60% of the company’s costs of the distribution line for the development.

     (ii)   The prepayment in aid of construction will be refunded on a proportionate basis for each contract for telephone service rendered. The basis for total refund shall be 100% refund upon receipt of telephone contracts for telephone service from 50% of the total development within a 10 year period.

 (d)  If the applicant changes the plot plan after installation of the telephone utility’s lines has begun, or requests deviation from the utility’s established underground construction practices, the additional costs shall be borne by the applicant. No charges other than those described in this subsection and in subsection (c) may be borne by the applicant for telephone service or by another utility sharing the same trench, even if the utility elects to perform its own excavating and backfilling.

 (e)  The Commission believes that there should be joint use of trenches whenever economically and technologically feasible. However, the Commission realizes that the economic advantages which can result from the joint use of trenches may at times be obviated by the technological disadvantages of joint occupancy. Therefore, the Commission will not make the joint use of trenches mandatory but will require the joint use of trenches whenever the circumstances indicate that the use would be feasible and parties agree thereto.

 (f)  This section applies to all requests for distribution facilities for telephone service to developments which are filed after June 9, 1984.

 (g)  Amounts the public utility receives under subsection (c)(4)(i) shall be credited to Accounts 174-Other deferred credits.

 (h)  Whenever the public utility or an affected person believes that the application of the tariff rule works an undue hardship, involves a physical impossibility, or is otherwise inappropriate, the utility or person may request an exception from the undergrounding requirements of this section by following the procedure set forth in §  57.86 (relating to exceptions).

 (i)  Exceptions, as granted by the Commission for electric distribution lines under §  57.86 shall also apply to telephone facilities. If an exception request initiated by an applicant for telephone service is granted and the applicant thereafter desires underground service, then this section shall apply as if no exception had been granted.

 (j)  Telephone utilities shall file a tariff supplement adding this section to its tariff. The tariff supplement shall become effective on the date filed.

 (k)  Telephone utilities shall file undergrounding construction and specification standards and revisions thereto with the Commission’s Bureau of Fixed Utility Services.

 (l)  Underground facilities in new residential developments are only required by this section when a bona fide developer exists, that is only when utility-ready lots are provided by the developer. A mere subdivision is not required to have underground service. However, should the lot owner or owners in a subdivision desire underground service, the service shall be provided by the utility if the lot owner or owners, at his option, either complies with subsection (c) or pays to the utility the charges that are contained in the utility’s tariff for underground telephone service not required by this title.

   The provisions of this §  63.41 amended under the Pennsylvania Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

   The provisions of this §  63.41 adopted March 25, 1946; amended through June 30, 1969; amended June 29, 1984, effective June 30, 1984, 14 Pa.B. 2250; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (205892) to (205895).

Subchapter E. TELEPHONE QUALITY SERVICE STANDARDS

Sec.

§ 63.51. Purpose.

 This subchapter establishes, regulates and enforces uniform, fair and reasonable service objectives and surveillance levels of telephone service offered within this Commonwealth. This subchapter applies to regulated simple residential or business voice grade services offered by a public utility as defined in §  63.1 (relating to definitions). This subchapter does not preclude, supersede or amend Chapter 64 (relating to standards and billing practices for residential telephone service). This subchapter shall be applied in conjunction with Chapter 64.

   The provisions of this §  63.51 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 This subchapter does not apply to services offered by interexchange carriers as defined in §  63.1 (relating to definitions).

   The provisions of this §  63.52 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  A public utility shall provide telephone service to the public in its service area in accordance with its tariff on file with the Commission. The quality of service shall meet or exceed the minimum standards set forth in this subchapter.

 (b)  If a public utility fails to meet a standard service surveillance level in a reporting entity as described in this subchapter, the service data for the standard not met in that reporting entity shall be filed with the Commission.

 (c)  A public utility shall provide access to operator-assisted services for all exchanges at all hours.

 (d)  A public utility shall provide equipment and facilities designed and engineered in accordance with realistic forecasts of customer demand and shall maintain, or have access to, a stock of associated equipment to meet the demand.

 (e)  If unreasonable hardship to a person or to a utility results from compliance within this subchapter, application may be made to the Commission for modification of the section or for temporary exemption from its requirements. The adoption of this subchapter by the Commission will not preclude the altering or amending of the provisions in a manner consistent with applicable statutory procedures, nor will the adoption of this subchapter preclude the Commission from granting temporary exemptions in exceptional cases. A person or utility that files an application under this section shall provide notice to a person who may be affected by the modification or temporary exemption. Notice may be made by a bill insert or in another reasonable manner.

   The provisions of this §  63.53 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 A public utility shall retain for at least 90 days the information contained in customer bills and used by the public utility in compiling customer bills. Billing information on an account for which a dispute is pending shall be retained until the dispute has been finally resolved.

   The provisions of this §  63.54 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  When the level of operation of a public utility fails to meet a stated average level of operation required by this subchapter for a period of 3 consecutive months, the public utility immediately shall:

   (1)  Initiate an investigation into the cause of the inadequate performance.

   (2)  Inform the Commission of the substandard performance and of steps, studies and investigations commenced and undertaken by the public utility to determine the cause and to remedy the inadequate performance.

 (b)  In addition to the requirements set forth in subsection (a), a public utility shall file with the Commission, within 5 working days from its initial contact with the Commission as provided for in subsection (a)(2), a report which contains the following information:

   (1)  The nature of the problem.

   (2)  The cause of the problem.

   (3)  The duration of the problem.

   (4)  The result of studies and investigations which have been taken.

   (5)  The remedial action taken.

 (c)  A public utility shall monitor the stated service problem area for a period of 1 month. At the end of this 1 month period the public utility shall file an updated status report with the Commission.

   The provisions of this §  63.55 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

   The provisions of this §  63.55 adopted January 29, 1988, effective July 30, 1988, 18 Pa.B. 466.

 (a)  A public utility shall utilize measuring devices, methods and practices generally recognized and accepted by the communications industry to obtain or to allow the calculation of the service objectives detailed in this subchapter.

 (b)  Equipment arrangements permitting, each public utility shall have an objective of attaining at least 300 local dial service measurements per month on originating entities serving more than 10,000 access lines that are a part of a local dial network of 15,000 access lines.

 (c)  A public utility shall provide, maintain and operate a dial tone speed measuring device for originating entities serving more than 3,000 access lines.

 (d)  A public utility shall provide, maintain and operate load or service indicating devices on originating equipment for entities not equipped with a dial tone speed measuring device.

 (e)  A public utility shall monitor the answering time for calls received at customer contact locations, including, but not limited to, repair service, business offices and toll operator office. The monitoring required by this subchapter may be accomplished through measuring devices, random sampling or statistically valid customer satisfaction surveys. The Commission retains the right to determine the appropriateness of utility monitoring methods in particular circumstances.

 (f)  A public utility shall establish and maintain a performance record for each central office or other appropriate entity which shall be kept current and shall show applicable service results hourly, daily, monthly, as appropriate.

 (g)  Records and measurements required by this section shall be retained by the public utility for a minimum period of 3 years.

   The provisions of this §  63.56 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  A public utility shall respond to and take substantial action to clear out-of-service trouble of an emergency nature whenever the outage occurs, within 3 hours of the reported outage consistent with the needs of customers and personal safety of utility personnel.

 (b)  A public utility shall respond to and take substantial action to clear other out-of-service trouble, not requiring unusual repair, within 24 hours of the report, except for isolated weekend outages affecting fewer than 15 customers in an exchange or where the customer agrees to another arrangement.

 (c)  A public utility shall keep commitments made to its customers and applicants, unless timely notice of unavoidable changes is given to the customer or applicant or a reasonable attempt is made to convey the notice.

 (d)  If unusual repairs are required or other factors preclude the prompt clearing of reported trouble, reasonable efforts shall be made to notify affected customers.

 (e)  A report received by the public utility shall be counted as a separate report even though it may be a duplication of, or may involve a progress inquiry of, a previous report.

 (f)  It shall be substandard performance for a public utility to receive more than 5.5 customer trouble reports per 100 lines per month. A public utility receiving greater than 5.5 customer trouble reports per 100 lines per month is subject to the reporting requirements set forth in §  63.55(a) (relating to surveillance levels).

   The provisions of this §  63.57 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  Ninety-five percent of a public utility’s primary service order installation shall be completed within 5 working days of receipt of an application unless a later date is requested by the applicant or when construction is required.

 (b)  Ninety percent of a public utility’s nonprimary service orders shall be completed no later than 20 days of receipt of an application unless a later date is requested by the applicant. If the utility company is unable to fill a nonprimary service order within the requisite time, the utility shall so inform the applicant and provide the applicant with the date nonprimary service will be available.

 (c)  Ninety percent of a public utility’s commitments to applicants as to date of installation of service orders shall be met, except for applicant-caused delays, adverse weather conditions and other supervening causes beyond the utility company’s control.

   The provisions of this §  63.58 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  A public utility supplying operators shall establish practices for operators and the public utility shall establish practices for its representatives with the stated objective of providing efficient and pleasing service to its customers. Operators and other representatives shall be instructed to be courteous and considerate, and to comply with the Communications Act of 1934 (47 U.S.C.A. § §  157—611) in maintaining the secrecy of communications.

 (b)  A public utility supplying operators shall maintain adequate personnel and equipment to assure an average operator answering performance on a monthly basis as follows:

   (1)  Ninety percent of toll and operator assistance calls shall be answered within 10 seconds.

   (2)  Eighty-five percent of calls seeking repair service or to the business office during normal working hours shall be answered within 20 seconds.

   (3)  For purposes of this section, an ‘‘answer’’ means that the operator or other representative is ready to render assistance and to accept information necessary to process the call. An acknowledgement that the customer or applicant is waiting on the line does not constitute an answer.

   (4)  A public utility may measure its compliance with paragraphs (1) and (2) through the use of measuring devices, random sampling, statistically valid customer attitude surveys or a combination of these compliance measuring techniques. The Commission retains the right to determine the appropriateness of utility monitoring methods in particular circumstances.

   The provisions of this §  63.59 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  Upon receipt of a complaint in which the complainant can identify the ADAD user, the public utility shall inform the ADAD user of the service standards set forth in subsection (b). A subsequent complaint may result, after notice, in suspension of the ADAD user’s service.

 (b)  A public utility may not knowingly permit an ADAD to be connected or operated over its network unless one of the following applies:

   (1)  A prior written agreement exists between the called and calling parties.

   (2)  The ADAD is used in accordance with the following standards:

     (i)   Within 10 seconds after the called-party terminates the call, the ADAD automatically shall create a disconnect signal or an on-hook condition allowing the called-party’s line to be released. The ADAD shall terminate calls completed and a disconnect or an on-hook condition shall be created within 15 seconds of termination.

     (ii)   The recorded message shall begin with, or be preceded by, a statement announcing the name, address and call-back telephone number of the calling party, the nature and purpose of the ensuing message, and the fact the message is a recording.

     (iii)   No calls are permitted to be made to emergency telephone numbers of hospitals, fire departments, law enforcement offices or other entities providing emergency services.

     (iv)   No calls may be made on a Sunday before 1:30 p.m. or after 9 p.m. or before 9 a.m. or after 9 p.m. during the remainder of the week.

     (v)   The public utility shall make a determination either at the time of application for use or at the time the utility becomes aware of the use of the ADAD that no substantial impairment of service will occur as a result of the use of ADAD.

   The provisions of this §  63.60 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  A public utility shall operate and maintain central office and interoffice channel capacity and equipment adequate to achieve the following minimum service requirements during the average busy season, busy hour:

   (1)  Ninety-eight percent of calls shall be provided a dial tone within 3 seconds.

   (2)  Ninety-seven percent of correctly dialed intraoffice calls shall be completed.

   (3)  Ninety-six percent of correctly dialed interoffice calls shall be completed.

 (b)  For purposes of this section, completion is accomplished when either a ringing or busy signal resulting only from use of the called line occurs.

   The provisions of this §  63.61 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  A public utility shall operate and maintain trunk and related switching components in the intertoll network adequate to achieve the following minimum service requirements for operator unassisted, properly dialed, direct distance dialed calls during the average busy season:

   (1)  Ninety-seven percent of outgoing calls by customers shall be completed to the trunk group.

   (2)  Ninety-eight percent of incoming calls by customers shall be completed from the trunk group.

 (b)  This section applies only to calls placed exclusively over the facilities of the public utility or over which the utility leases for the completion of local exchange calls.

   The provisions of this §  63.62 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  A public utility shall furnish, operate and maintain facilities adequate to provide acceptable transmission of communications. Transmission shall be at adequate volume levels and free of excessive distortion, noise and cross talk.

 (b)  The transmission standards shall be based upon the use of telephone sets connected to a 48-Volt dial central office, measured at a frequency of 1000 Hertz (Hz).

 (c)  A telephone line terminating at a customer’s premises shall have a loop resistance not exceeding the operating design of the associated central office equipment.

 (d)  Overall transmission loss on a customer loop shall not exceed 15 decibels.

   The provisions of this §  63.63 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 (a)  A public utility shall adopt a program of periodic tests, inspections and preventive maintenance aimed at achieving efficient operation of its system and the rendition of safe, adequate and continuous service.

 (b)  A public utility shall maintain or have access to test facilities enabling it to determine the operating and transmission capabilities of equipment and facilities, both for routine maintenance and for trouble location. The actual transmission performance of the network shall be monitored in order to determine if the established objectives and operating requirements are met. The monitoring function shall consist of circuit order test prior to placing trunks in service, routine periodic trunk maintenance tests, tests of actual switched trunk connections, periodic noise tests of a sample of customer loops in each exchange and special transmission surveys of the network.

 (c)  If a meter is used in connection with telephone service, it shall be read, where applicable, at monthly intervals. The meter reading records from which the customers’ bills are prepared shall show:

   (1)  Identifying number or means to determine readily the customer’s name, address and service classification.

   (2)  Meter readings.

   (3)  Date of meter reading.

   (4)  Multiplier or constant if used.

 (d)  A meter or other recording device used to record data and prepare customers’ bills shall be in good mechanical and electrical condition, shall be accurately read and may not involve approximations. A meter or recording device shall accurately perform the following:

   (1)  For message rate service, if timing the length of message is not involved, the meter or recording device shall show the number of completed messages sent by the station or trunk which it is measuring.

   (2)  For measured rate or toll service when, in addition to recording a call, it is necessary to time the call, the recording device shall show the number of calls, and the chargeable time involved in each call and the station or trunk making the call. If a meter is associated with the station making the call, the meter shall accumulate the number of message units for these calls.

   (3)  If the recording equipment provides customer bills, accurate interpretation of the coded information is required.

 (e)  A telephone meter and recording device shall be tested prior to installation or when released for service and at regular intervals, or both, either by the manufacturer, the public utility or an approved organization equipped for the testing. The utility shall comply with the following:

   (1)  A public utility furnishing service, if local exchange billing is based on the number or duration of messages, shall provide the necessary facilities, instruments and equipment for testing its metering or recording equipment.

   (2)  The overall accuracy of the test equipment and test procedure shall be sufficient to enable testing of meter and record equipment within the requirements of this chapter.

   (3)  A meter and recording device tested under this subchapter for routine or complaint shall be tested in its normal operating location and wiring mode prior to removal or adjustment.

   (4)  A record of meter and recording equipment tests and adjustments and data sufficient to allow checking of the results shall be recorded. The record shall include the identifying number of the meter and recording device, its type, the date and kind of test and the results of each test.

 (f)  A public utility shall perform periodic testing and maintenance of its controlling trunk equipment associated with the meters or recording devices, or both, to assure the integrity of their operation.

 (g)  Upon request of a customer, a public utility shall make a test of a meter and recording device related to the billing. The requests may not be made more often than once every 3 months unless unusual circumstances exist.

 (h)  A customer, by request to the Commission, may have a test conducted by the public utility in the presence of a Commission representative.

   The provisions of this §  63.64 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

 A public utility shall adopt and implement a safety program fitted to the size and type of its operation and shall conform to the Occupational Safety Health Act (OSHA) standards, 29 CFR Parts 1910—1999 which:

   (1)  Require employes to use suitable tools and equipment and to perform their work in a safe manner.

   (2)  Instruct employes in safe work practices.

   (3)  Instruct employes as to proper methods of artificial respiration for use in accidents, such as electric shock, asphyxiation and drowning.

   (4)  Exercise reasonable care in minimizing hazards to which employes, customers and the general public may be subjected.

   The provisions of this §  63.65 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1508 and 2901.

   The provisions of this §  63.65 adopted January 29, 1988, effective July 30, 1988, 18 Pa.B. 466.

Subchapter F. EXTENDED AREA SERVICE

Sec.

§ 63.71. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   EAS—extended area service—The expansion of a local calling area to include additional exchanges.

   Exchange—An area served by one or more central offices which has a unique local calling area and a defined rate center from which toll distances are measured.

   Full billing and collection agreement—An agreement under which an interexchange carrier contracts with the local exchange carrier to bill and collect the revenues for message toll service calls placed by end users through the interexchange carrier as the presubscribed carrier.

   Interexchange toll rates—Telephone rates, usually based in part on the length of a telephone call, which are applied to calls between exchanges that are not in the same local calling area.

   LATA—A local access and transport area as designated by Federal law.

   Local calling area—The area, consisting of one or multiple telephone exchanges, between which calls may be completed without having interexchange toll rates applied.

   Local exchange carrier—A public utility which is certificated to provide intraexchange telephone service.

   Optional calling plan—A tariff provision which establishes the rate option to be offered to residential and business subscribers in exchanges which qualify for alternatives to EAS under §  63.73 (relating to optional calling plans).

   Qualified noncontiguous exchanges—Exchanges with toll rate centers within 16 miles of each other which do not geographically border each other but which meet the following criteria:

     (i)   The call-frequency standards between the exchanges established under §  63.74 (relating to EAS polls) are met in at least one direction.

     (ii)   The local calling area of the calling exchange is contiguous to the receiving exchange.

   Subscriber—A person or entity which contracts directly with a telephone utility for telephone service.

   Traffic study interexchange carriers—The five most active interexchange carriers in the service territory of a local exchange carrier as determined by a biennial review of interLATA access charge levels.

   The provisions of this §  63.71 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

 A local exchange carrier shall conduct a biennial interexchange toll traffic usage study. The study shall measure traffic over both intraLATA and interLATA routes. The study shall measure the average calling frequency between contiguous exchanges and between each exchange and each noncontiguous exchange having a toll rate center within 16 miles. On intraLATA routes only, the study shall also measure the percentage of total access lines within the exchange over which the calls are placed. In measuring calling frequency, all calling classes shall be considered collectively, including those who have elected optional calling plans under §  63.73 (relating to optional calling plans). The study shall measure usage in a representative 30-day period within the 12-month period preceding the study. The local exchange carrier shall prepare a report containing results of the study. The report is required to address only routes which equal or exceed 1.50 calls per access line per month. The report shall be filed with the Commission with a copy to the Office of Consumer Advocate on or before October 1 of each survey year. The report will be treated as proprietary and shall be filed under protective seal. The Commission and the Office of Consumer Advocate will release the results of the report, upon request, on a route specific basis to customers or customer representatives. Traffic usage data for routes with less than 1.50 calls per access line per month shall be submitted by local exchange carriers upon request by the Commission or the Office of Consumer Advocate.

   The provisions of this §  63.72 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

   The provisions of this §  63.72 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829. Immediately preceding text appears at serial pages (157990) to (157991).

 (a)  By January 31 of each year in which a biennial traffic study is due, each local exchange carrier will identify and formally notify the Commission of the traffic study interexchange carriers in its service territory. The identity of the traffic study interexchange carriers shall be based upon review of the access charge levels from the most recent 12-month period available. Each local exchange carrier shall concurrently notify each traffic study interexchange carrier of the following:

   (1)  That the interexchange carrier’s traffic will be included in the local exchange carrier’s traffic study under this subchapter.

   (2)  The format which the local exchange carrier will utilize in its traffic usage study.

   (3)  The representative month the local exchange carrier will use in its study.

 (b)  Each traffic study interexchange carrier shall provide the local exchange carrier with data which identifies the relevant interexchange traffic completed by the interexchange carrier and which originated in the local exchange carrier’s service territory for the representative month used by the local exchange carrier. The data shall be submitted to the local exchange carrier by June 1 of each year in which a biennial traffic usage study is due. The data submitted by traffic study interexchange carriers may not include traffic for which the interexchange carrier bills through the local exchange carrier under a full billing and collection agreement.

 (c)  The data submitted by each traffic study interexchange carrier shall be organized consistent with the following:

   (1)  The data shall be in the format specified by the local exchange carrier for the traffic usage study.

   (2)  The data shall identify the total number of calls completed by the traffic study interexchange carrier and which originated in each exchange in the local exchange carrier’s service territory for each interLATA route which requires study under §  63.72 (relating to traffic usage studies) for the representative month.

   (3)  The data shall identify the total number of access lines presubscribed to the traffic study interexchange carrier in each exchange for which data is submitted under paragraph (2).

   (4)  Data submitted by a traffic study interexchange carrier to a local exchange carrier shall be considered proprietary to the traffic study interexchange carrier and may not be used by the local exchange carrier for a purpose other than preparing its traffic usage study.

   (5)  Each traffic study interexchange carrier may petition the Commission to waive the submission of a portion of the data required to be submitted under this section. Each waiver petition shall include the estimated costs of submitting the data and the relative amount of traffic which the data represents. The Commission will approve a waiver petition only if it finds that the costs to the interexchange carrier outweigh the value of the data to the traffic usage study.

 (d)  Upon receiving the traffic study interexchange carrier data, each local exchange carrier shall complete the following in preparing the interLATA component of the traffic usage study:

   (1)  Collect and analyze the traffic data for each traffic study interexchange carrier for calls completed by the interexchange carrier which are billed through the local exchange carrier under a full billing and collection agreement.

   (2)  Aggregate the traffic data it collects and analyzes under full billing and collection agreements with the traffic data it receives from each traffic study interexchange carrier. Each local exchange carrier shall report the aggregate interexchange carrier. Each local exchange carrier shall report the aggregate results of the interLATA traffic study to the Commission in its biennial traffic usage study filed under §  63.72.

   The provisions of this §  63.72a issued under Public Utility Code,

 (a)  When biennial interexchange toll traffic usage studies reveal an average monthly calling frequency of 2.00 or more calls per access line from one exchange to another and where at least 25% of the access lines in the calling exchange have been used for 1.00 or more calls per month to the receiving exchange over a route for which a local exchange carrier provides toll service, a local exchange carrier shall offer one of the following rate options to each residential and business subscriber within the calling exchange:

   (1)  The ability to purchase for a flat fee a block of time for calls and a continuing discount for all usage exceeding the initial block of time to the receiving exchange during each billing period.

   (2)  Another alternative rate option approved by the Commission.

 (b)  When an exchange qualifies for an optional calling plan over a route served by a local exchange carrier, the local exchange carrier shall notify each residential and business subscriber within 60 days of the availability of the optional calling plan and shall provide to each subscriber a general description of the rates and benefits of the optional calling plan.

 (c)  When biennial interexchange toll traffic usage studies reveal an average monthly calling frequency of 2.00 or more calls per access line from one exchange to another over an interLATA route, each traffic study interexchange carrier serving the route shall offer one of the following rate options to each residential and business subscriber to whom the traffic study interexchange carrier provides toll service within the calling exchange:

   (1)  The ability to purchase a block of time for calls for a flat fee and a continuing discount for usage exceeding the initial block of time to the receiving exchange during each billing period.

   (2)  Another alternative rate option approved by the Commission.

 (d)  When an exchange qualifies for an optional calling plan over an interLATA route, each traffic study interexchange carrier serving the route shall notify each residential and business subscriber it serves in the exchange within 60 days of the availability of the optional calling plan and shall provide a description of the rates and benefits of the optional calling plan.

 (e)  A local exchange carrier and a traffic study interexchange carrier, serving a route which qualifies for an optional calling plan under a traffic usage study shall maintain in its tariff a provision which provides for establishment of an optional calling plan. The optional calling plan shall be consistent with subsection (a) or (b) and may establish flat fees to be charged for the installation of the optional calling plan.

 (f)  A local exchange or traffic study interexchange carrier may not terminate an optional calling plan to an exchange without express Commission approval.

   The provisions of this §  63.73 issued under Public Utility Code,

   The provisions of this §  63.73 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2340; corrected May 31, 1991, effective May 18, 1991, 21 Pa.B. 2555; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829. Immediately preceding text appears at serial page (157991).

 Whenever a traffic usage study between contiguous exchanges or between qualified noncontiguous exchanges qualifies for EAS under paragraphs (1) and (2), a subscriber poll of the calling exchange shall be conducted by the local exchange carrier serving the calling exchange to determine if the local calling area should be extended.

   (1)  For intraLATA routes, a route qualifies for extended area service if it has an average monthly calling frequency of 5.50 or more calls per access line from one exchange to another and where at least 50% of the access lines in the calling exchange have been used for 1.00 or more calls per month to the receiving exchange.

   (2)  For interLATA routes, a route qualifies for EAS if it has an average monthly calling frequency of 5.50 or more calls per access line from one exchange to another.

   (3)  A subscriber request for polling will not be considered a legal pleading and will not be subject to response by a utility or another party.

   (4)  A poll is not required if subscribers have affirmatively rejected the implementation of EAS from the calling exchange to the receiving exchange during the preceding 2 years.

   (5)  Two-way balloting will not be required unless usage standards are met in both directions.

   (6)  If two-way balloting is required and if the same telephone utility serves each exchange, the utility shall poll subscribers in each exchange for EAS into the other exchange. If different telephone utilities serve each exchange, each utility shall poll its own subscribers.

   (7)  A poll is not required when usage standards are met on a specific route and there will be no increase in the local service charge for extending the local calling area of an exchange. In this instance, one-way EAS shall be implemented over the qualifying route.

   (8)  When usage standards are met in both directions, two-way balloting is not required if there will be no increase in the local service charge for extending the local calling area for one of the two exchanges. If one of the two exchanges will receive an increase, than that exchange shall be polled and, if the exchange polled adopts EAS two-way EAS shall be implemented. Otherwise, one-way EAS shall be implemented on the route where there will be no increase.

   (9)  If circumstances require, the Commission may specify additional conditions under which polls shall be conducted.

   (10)  A local exchange carrier may petition the Commission for waiver of a provision of this section to address unique circumstances.

   The provisions of this §  63.74 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

   The provisions of this §  63.74 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2555; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829. Immediately preceding text appears at serial pages (157991) to (157992).

 The following rules apply to EAS subscriber polls:

   (1)  Within 180 days of the submission of traffic usage data indicating that a route qualifies for EAS under §  63.74 (relating to EAS polls), a local exchange carrier shall file a petition with the Commission requesting approval of a proposed transmittal letter and ballot which includes an estimate of the increase in the charge for local service to the Commission as a result of extending the local calling area. The Commission will approve a transmittal letter and ballot which shall include an estimate of the increase in the charge for local service, if any, due to the expansion of the local calling area.

   (2)  The local exchange carrier shall mail one approved ballot to each subscriber in the calling exchange. The local exchange carrier may tabulate the ballots itself but shall submit to the Bureau of Safety and Compliance a list of customers to be polled and their telephone numbers prior to sending out ballots. Upon completion of tabulation by a local exchange carrier, the local exchange carrier shall submit the original returned ballots to the Bureau of Safety and Compliance and shall submit a verified report to the Commission detailing the results of the poll. If the local exchange carrier does not tabulate the ballots itself, the ballots sent by the local exchange carrier to the subscribers shall be preaddressed, postage prepaid postcards to be returned to the Commission for tabulation.

   (3)  At least 50% of the ballots from an exchange shall be returned for a poll to be considered valid.

   (4)  In a valid poll, if 50% of the ballots returned from an exchange are in favor of EAS, the affected local exchange carriers shall implement EAS to the receiving exchange.

   (5)  In cases where interLATA EAS is implemented, telephone service between the calling exchange and the receiving exchange shall be transferred from the interexchange carriers serving the calling exchange to the local exchange carrier serving the calling exchange.

   (6)  In cases where the local exchange carrier is prohibited from providing service between the calling exchange and the receiving exchange by Federal antitrust consent decree restrictions and a waiver is necessary to implement EAS, the local exchange carrier shall apply for a waiver of Federal antitrust restrictions to allow it to implement EAS. The request for waiver will be made within 60 days of a Commission order or Secretarial Letter approving EAS. The Commission will file a statement affirmatively supporting the waiver application.

   The provisions of this §  63.75 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

   The provisions of this §  63.75 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829. Immediately preceding text appears at serial pages (157992) to (157993).

 A formal complaint may be filed seeking the implementation of EAS. A complaint will be evaluated according to the criteria in §  63.77 (relating to evaluation criteria). If multiple telephone utilities are involved, each affected utility shall be an indispensible party to the proceeding. An administrative law judge may, as part of an initial decision, recommend the conduct of subscriber polls under §  63.75 (relating to subscriber polls) to determine if EAS should be implemented. The provisions of this subchapter do not prohibit the filing of complaints seeking the implementation of EAS between noncontiguous exchanges.

   The provisions of this §  63.76 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

 The Commission will consider the following criteria in evaluating EAS complaints:

   (1)  The amount of toll charge traffic between the two exchanges.

   (2)  The cost to the utility of implementing extended area service.

   (3)  The potential increase in local service charge due to implementation of EAS versus the current cost to subscribers for interexchange toll calls.

   (4)  The demography and the proximity of the exchanges as indicating community of interest.

   (5)  The availability of alternatives to EAS.

   (6)  The economic effect on the community if the local service area is not extended.

   The provisions of this §  63.77 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

   The provisions of this §  63.77 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179.

   This section cited in 52 Pa. Code §  63.76 (relating to EAS complaints).

Subchapter G. PUBLIC COIN TELEPHONE SERVICE

Sec.

§ 63.91. Purpose.

 The purpose of this subchapter is to promote competition in the coin telephone market, assure accurate price disclosure and provide for public interest coin telephones.

   The provisions of this §  63.91 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301—1325, 1501—1511 and 2911—2915.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

 Coin telephone—A telephone which includes a coin mechanism which accepts coins for payment of rates or charges associated with placing local or interexchange calls from the telephone. The term does not include a telephone which requires insertion of a credit card to pay for using or placing calls from the telephone and does not include a telephone without a coin mechanism.

 Local exchange carrier—A telephone company certificated by the Commission to provide service within a local calling area.

 Payphone service provider—A corporation, association, partnership or person who manufactures, vends, owns or leases coin telephones and is not required to be certificated by the Commission for the provision of coin telephone service.

   The provisions of this §  63.92 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301—1325, 1501—1511 and 2911—2915.

 A payphone service provider shall provide service in accordance with this subchapter to be eligible for access to a public utility’s intrastate telephone facilities and services, and these services shall be denied when a payphone service provider does not comply with the requirements of this subchapter.

   The provisions of this §  63.93 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301—1325, 1501—1511 and 2911—2915.

 (a)  A coin telephone shall be registered with the Federal Communications Commission when required under 47 CFR Part 68 (relating to the connection of terminal equipment to the telephone network).

 (b)  A coin telephone shall provide a dial tone without the insertion of a coin to permit access to the operator. A coin telephone shall comply with the Americans With Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) usability standards where compliance with usability standards is required by the Americans With Disabilities Act of 1990 (ADA). It shall provide call completion for 911 service if available, access to telecommunication relay services, and per-call blocking of any caller identification service when the caller initiates the blocking service by dialing *67. As an alternative to the per-call blocking service, the coin telephone shall offer callers free operator service to block caller identification.

 (c)  A coin telephone shall be capable of accepting and registering mickels, dimes and quarters for the payment of applicable charges for local exchange, message toll and other services.

 (d)  Coin telephones shall provide message toll service. The coin telephone shall be capable of completion of toll free numbers without the payment of a coin, that is, either without the insertion of a coin or with the return of the coin inserted.

 (e)  No more than one coin telephone may be connected to a single coin telephone access line. If a noncoin extension telephone is connected to the line, the instruments shall be wired so as to disconnect the extension telephone when the coin telephone hand set is off the hook.

 (f)  A local exchange carrier shall provide access lines to a payphone service provider. The payphone service provider shall be responsible for charges properly attributable to the installation, connection and use of the line. The charges may not include a charge for unpublished numbers for coin telephone listings. The charges may include the following:

   (1)  Nonrecurring installation charges.

   (2)  Connection and reconnection charges.

   (3)  Service call charges.

   (4)  Recurring monthly flat rate and measured-metered charges.

   (5)  Directory assistance charges.

   (6)  Improperly or erroneously accepted collect message toll charges, third number billing charges and credit card billing charges unless the nonpublic utility is paying a charge to the local exchange carrier for screening calls.

 (g)  A coin telephone shall display instructions and notices which are prominently posted on, or in the immediate vicinity of, the coin telephone clearly stating the following:

   (1)  The charge for local coin calls and dialing instructions to obtain rates for other types of calls.

   (2)  The name, address and telephone number of the owner, lessee or supplier of the telephone.

   (3)  Dialing and other instructions applicable to the use of the coin telephone.

   (4)  The telephone number of the coin telephone.

   (5)  Notice that the coin telephone provides one-way service only, if applicable.

   (6)  Notice of the per-call blocking option by dialing *67 or, as an alternative, free operator service to block any caller identification service.

   (7)  The procedure for registering service complaints and obtaining refunds.

 (h)  A coin telephone may not be connected to a type of line other than a payphone service provider access line. Existing connections using business or residential access lines shall be converted by the local exchange carrier to utilize payphone service provider access lines. Each local exchange carrier shall maintain provisions in its tariff providing for payphone service provider access line service offerings. Through these tariff provisions, each local exchange carrier shall offer payphone service provider access lines and associated optional features to all payphone service providers on a nondiscriminatory basis.

   The provisions of this §  63.94 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301—1325, 1501—1511 and 2911—2915.

 The Commission may require a payphone service provider to place or replace a coin telephone at a particular location if it is determined that a placement or replacement is in the public interest.

   The provisions of this §  63.95 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301—1325, 1501—1511 and 2911—2915.

 (a)  A coin telephone shall provide two-way service and may be converted to one-way outgong service only under extraordinary circumstances when the Commission determines that the action is justified based on public health, safety or welfare concerns, and is in the best interest of the public.

 (b)  A local exchange carrier, payphone service provider or other interested party may seek Commission review of whether conversion of a coin telephone from two-way service to one-way is justified by extraordinary circumstances. Conversion requests shall be made in writing and shall identify the telephone number and location of the coin telephone, and describe the circumstances which justify conversion.

 (c)  The Commission’s Bureau of Consumer Services shall determine whether a conversion request is justified within 10 days of its receipt unless the information provided by the requesting party is inadequate to make a determination. The Bureau will notify the requesting party and the owner of the coin telephone of its determination by telephone. The Bureau will provide the requesting party and the owner of the coin telephone written notice of its determination. The Bureau will limit the duration of the conversion authorization if it appears that the circumstances justifying the conversion are temporary in nature.

 (d)  A party may appeal the Bureau’s determination, or request that a coin telephone previously approved for one-way co