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CHAPTER 63. TELEPHONE SERVICE
Subchap. Sec.
A. GENERAL PROVISIONS 63.1
B. SERVICE AND FACILITIES 63.11
C. ACCOUNTS AND RECORDS 63.31
D. UNDERGROUND SERVICE 63.41
E. TELEPHONE QUALITY SERVICE STANDARDS 63.51
F. EXTENDED AREA SERVICE 63.71
G. PUBLIC COIN TELEPHONE SERVICE 63.91
H. INTEREXCHANGE TELECOMMUNICATIONS CARRIERS 63.101
I. INTEREXCHANGE RESELLERS 63.111
J. CONFIDENTIALITY OF CUSTOMER COMMUNICATIONSAND INFORMATION 63.131
K. COMPETITIVE SAFEGUARDS 63.141
L. UNIVERSAL SERVICE 63.161
M. CHANGING LOCAL SERVICE PROVIDERS 63.191
N. LOCAL SERVICE PROVIDER ABANDONMENT PROCESS 63.301
Subchapter A. GENERAL PROVISIONS
Sec.
63.1. Definitions.
Authority The provisions of this Chapter 63 issued under Public Utility Lawact of May 28, 1937 (P. L. 1053) (66 P. S. § § 13411342) (Repealed), unless otherwise noted.
Source The provisions of this § 63.1 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301, 1501, 1504 and 2901.
Source 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).
Cross References 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].
63.12. Minimizing interference and inductive effects.
63.13. Periodic inspections.
63.14. Emergency equipment and personnel.
63.15. Complaint procedures.
63.16. Traffic measurements.
63.17. [Reserved].
63.18. Multiparty line subscribers.
63.19. Interoffice lines.
63.20. Line extensions.
63.21. Directories.
63.22. Service records.
63.23. Construction and maintenance safety standards for facilities.
63.24. Service interruptions.§ 63.11. [Reserved].
Source The provisions of this § 63.11 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7558. Immediately preceding text appears at serial pages (246445) to (246446).
§ 63.12. Minimizing interference and inductive effects.
(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.
Authority The provisions of this § 63.12 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501 and 1508.
Source The provisions of this § 63.12 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285. Immediately preceding text appears at serial page (21001).
§ 63.13. Periodic inspections.
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.
Authority The provisions of this § 63.13 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501 and 1508.
Source The provisions of this § 63.13 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285. Immediately preceding text appears at serial page (21001).
§ 63.14. Emergency equipment and personnel.
(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.
Authority The provisions of this § 63.14 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.14 adopted March 25, 1946; amended through June 30, 1969; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466. Immediately preceding text appears at serial pages (78478) and (95639).
§ 63.15. Complaint procedures.
(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 companys 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 § § 64.14164.182 when applicable to residential utility service.
Authority The provisions of this § 63.15 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301, 1501, 1504 and 2901.
Source The provisions of this § 63.15 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 (205881) to (205882).
§ 63.16. Traffic measurements.
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.
Source The provisions of this § 63.16 adopted March 25, 1946; amended through June 30, 1969.
§ 63.17. [Reserved].
Source The provisions of this § 63.17 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; reserved July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (205882) and (225747).
§ 63.18. Multiparty line subscribers.
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.
Authority The provisions of this § 63.18 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301, 1501 and 1508.
Source The provisions of this § 63.18 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial page (225747).
§ 63.19. Interoffice lines.
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.
Source The provisions of this § 63.19 adopted March 25, 1946; amended through June 30, 1969.
§ 63.20. Line extensions.
(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.
Source The provisions of this § 63.21 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301, 1501, 1504 and 2901.
Source 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).
Notes of Decisions Duty to Inform
Duty to inform public under this section does not establish duty on part of phone company to give non-negligent legal service in its directory, where issue was raised for first time on appeal. Rice v. Bell Telephone Company of Pennsylvania, 524 A.2d 522 (Pa. Super. 1987).
§ 63.22. Service records.
(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.
Authority The provisions of this § 63.22 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1508 and 2901.
Source The provisions of this § 63.22 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. Immediately preceding text appears at serial pages (122647) to (122648).
§ 63.23. Construction and maintenance safety standards for facilities.
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 utilitiesincluding parallel or random installation of underground electric supply and communication conductors or cableshall be constructed and maintained in accordance with safe and reasonable standards as set forth in the National Electrical Safety Code, 1981 edition.
Authority The provisions of this § 63.23 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501 and 1508.
Source The provisions of this § 63.24 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501 and 1508.
Source 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.
63.32. Systems of accounts.
63.33. Integrity of reserve accounts to be preserved.
63.34. Reclassification of telephone plant to original cost.
63.35. Preservation of records.
63.36. Filing of annual financial reports.§ 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.
Authority The provisions of this § 63.31 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301 and 1501.
Source 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).
Cross References The provisions of this § 63.32 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1501 and 1701.
Source 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).
Cross References This section cited in 52 Pa. Code § 63.33 (relating to integrity of reserve accounts to be preserved); and 52 Pa. Code § 63.34 (relating to reclassification of telephone plant to original cost).
§ 63.33. Integrity of reserve accounts to be preserved.
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 169173 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.
Authority The provisions of this § 63.33 amended under the Public Utility Code, 66 Pa.C.S. § § 501 and 1501.
Source The provisions of this § 63.34 adopted March 25, 1946; amended through June 30, 1969.
§ 63.35. Preservation of records.
(a) A telephone public utility shall keep and preserve its records in conformity with Part 45Preservation 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.
Source The provisions of this § 63.36 amended under the Public Utility Code, 66 Pa.C.S. § § 501 and 504.
Source 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).
Cross References 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.§ 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 serviceThe developer of a recorded plot plan consisting of five or more lots, or one or more five unit apartment houses.
(2) DeveloperThe party responsible for constructing and providing improvements in a development, that is, streets, sidewalks and utility-ready lots.
(3) DevelopmentA 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 utilitys distribution lines.
(4) Distribution lineA main line facility directly or indirectly connecting the customers in a development to the telephone central office.
(5) Service lineA line from the distribution line to the residence of the subscriber.
(6) SubdividerThe party responsible for dividing a tract of land into building lots which are not to be sold as utility-ready lots.
(7) SubdivisionA 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 utilitys 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 utilitys 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 utilitys specifications have not been met by the applicants excavating and backfilling, the excavating and backfilling shall be corrected or redone by the applicant or its authorized agent. Failure to comply with the utilitys 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 utilitys 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 companys 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 utilitys lines has begun, or requests deviation from the utilitys 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 Commissions 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 utilitys tariff for underground telephone service not required by this title.
Authority The provisions of this § 63.41 amended under the Pennsylvania Public Utility Code, 66 Pa.C.S. § § 501, 504506, 1301 and 1501.
Source 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.
63.52. Exceptions.
63.53. General provisions.
63.54. Record retention.
63.55. Surveillance levels.
63.56. Measurements.
63.57. Customer trouble reports.
63.58. Installation of service.
63.59. Operator-handled calls.
63.60. Automatic Dialing Announcing Devices (ADAD).
63.61. Local dial service.
63.62. Direct distance dial service.
63.63. Transmission requirements and standards.
63.64. Metering inspections and tests.
63.65. Safety.§ 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.
Authority The provisions of this § 63.51 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.51 adopted January 29, 1988, effective July 30, 1988, 18 Pa.B. 466.
§ 63.52. Exceptions.
This subchapter does not apply to services offered by interexchange carriers as defined in § 63.1 (relating to definitions).
Authority The provisions of this § 63.52 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.53 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.53 adopted January 29, 1988, effective July 30, 1988, 18 Pa.B. 466.
§ 63.54. Record retention.
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.
Authority The provisions of this § 63.54 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.55 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.55 adopted January 29, 1988, effective July 30, 1988, 18 Pa.B. 466.
Cross References The provisions of this § 63.56 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.57 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.57 adopted January 29, 1988, effective July 30, 1988, except subsection (f) effective January 1, 1989, 18 Pa.B. 466.
§ 63.58. Installation of service.
(a) Ninety-five percent of a public utilitys 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 utilitys 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 utilitys 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 companys control.
Authority The provisions of this § 63.58 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.59 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.60 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.60 adopted January 29, 1988, effective July 30, 1988, 18 Pa.B. 466.
§ 63.61. Local dial service.
(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.
Authority The provisions of this § 63.61 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.61 adopted January 29, 1988, effective July 30, 1988, 18 Pa.B. 466.
§ 63.62. Direct distance dial service.
(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.
Authority The provisions of this § 63.62 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.62 adopted January 29, 1988, effective July 30, 1988, 18 Pa.B. 466.
§ 63.63. Transmission requirements and standards.
(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 customers 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.
Authority The provisions of this § 63.63 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.64 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504 and 2901.
Source The provisions of this § 63.64 adopted January 29, 1988, effective July 30, 1988, 18 Pa.B. 466.
§ 63.65. Safety.
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 19101999 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.
Authority The provisions of this § 63.65 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1508 and 2901.
Source 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.
63.72. Traffic usage studies.
63.72a. InterLATA traffic studies.
63.73. Optional calling plans.
63.74. EAS polls.
63.75. Subscriber polls.
63.76. EAS complaints.
63.77. Evaluation criteria.§ 63.71. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
EASextended area serviceThe expansion of a local calling area to include additional exchanges.
ExchangeAn 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 agreementAn 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 ratesTelephone 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.
LATAA local access and transport area as designated by Federal law.
Local calling areaThe area, consisting of one or multiple telephone exchanges, between which calls may be completed without having interexchange toll rates applied.
Local exchange carrierA public utility which is certificated to provide intraexchange telephone service.
Optional calling planA 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 exchangesExchanges 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.
SubscriberA person or entity which contracts directly with a telephone utility for telephone service.
Traffic study interexchange carriersThe 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.
Authority The provisions of this § 63.71 issued under the Public Utility Code, 66 Pa.C.S. § § 501 and 1501.
Source The provisions of this § 63.71 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2340; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829. Immediately preceding text appears at serial page (157989).
§ 63.72. Traffic usage studies.
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.
Authority The provisions of this § 63.72 issued under the Public Utility Code, 66 Pa.C.S. § § 501 and 1501.
Source 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).
Cross References The provisions of this § 63.72a issued under Public Utility Code,
Source The provisions of this § 63.73 issued under Public Utility Code,
Source 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).
Cross References The provisions of this § 63.74 issued under the Public Utility Code, 66 Pa.C.S. § § 501 and 1501.
Source 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).
Cross References The provisions of this § 63.75 issued under the Public Utility Code, 66 Pa.C.S. § § 501 and 1501.
Source 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).
Cross References The provisions of this § 63.76 issued under the Public Utility Code, 66 Pa.C.S. § § 501 and 1501.
Source The provisions of this § 63.76 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179.
§ 63.77. Evaluation criteria.
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.
Authority The provisions of this § 63.77 issued under the Public Utility Code, 66 Pa.C.S. § § 501 and 1501.
Source The provisions of this § 63.77 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179.
Cross References This section cited in 52 Pa. Code § 63.76 (relating to EAS complaints).
Subchapter G. PUBLIC COIN TELEPHONE SERVICE
Sec.
63.91. Purpose.
63.92. Definitions.
63.93. Conditions of service.
63.94. Coin telephone requirements.
63.95. Sufficiency of public telephone service.
63.96. Service requirements for coin telephones.
63.97. [Reserved].
63.98. Compliance.§ 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.
Authority The provisions of this § 63.91 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 13011325, 15011511 and 29112915.
Source The provisions of this § 63.91 adopted August 26, 1988, effective August 27, 1988, 18 Pa.B. 3810; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial page (205915).
§ 63.92. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Coin telephoneA 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 carrierA telephone company certificated by the Commission to provide service within a local calling area.
Payphone service providerA 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.
Authority The provisions of this § 63.92 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 13011325, 15011511 and 29112915.
Source The provisions of this § 63.92 adopted August 26, 1988, effective August 27, 1988, 18 Pa.B. 3810; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2922; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial page (205915).
§ 63.93. Conditions of service.
A payphone service provider shall provide service in accordance with this subchapter to be eligible for access to a public utilitys 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.
Authority The provisions of this § 63.93 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 13011325, 15011511 and 29112915.
Source The provisions of this § 63.94 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 13011325, 15011511 and 29112915.
Source The provisions of this § 63.94 adopted August 26, 1988, effective August 27, 1988, 18 Pa.B. 3810; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2922; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (205916) to (205918).
§ 63.95. Coin telephone service in the public interest.
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.
Authority The provisions of this § 63.95 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504506, 13011325, 15011511 and 29112915.
Source The provisions of this § 63.95 adopted August 26, 1988, effective August 27, 1988, 18 Pa.B. 3810; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2922; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial page (205918).
§ 63.96. Service requirements for coin telephones.
(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 Commissions 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 Bureaus determination, or request that a coin telephone previously approved for one-way co