Subchapter E. TELEPHONE QUALITY SERVICE STANDARDS

§ 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.