Subchapter G. PUBLIC COIN TELEPHONE SERVICE

§ 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 conversion be returned to two-way service, by filing a formal complaint with the Commission.

 (e)  In instances where a conversion request involves allegations of drug trafficking from a coin telephone or other emergency circumstances pertaining to public health, safety or welfare concerns, the Bureau may telephonically authorize the owner of the coin telephone to convert the telephone to one-way service on the same day the emergency conversion request is received. Following an emergency conversion authorization, the Bureau will review the conversion request under the procedures established in subsection (c).

   The provisions of this §  63.96 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301—1325, 1501—1511 and 2911—2915.

 (a)  The Commission may direct a payphone service provider to submit data or other information to ensure compliance with this subchapter and may direct a local exchange carrier to terminate service to a payphone service provider found by the Commission to be in violation of this subchapter. The owner of a coin telephone shall be primarily responsible for assuring compliance with this subchapter.

 (b)  The Commission may direct payphone service providers to participate in the implementation of a self-enforcement program for payphone service provider coin telephones.

 (c)  This subchapter supersedes conflicting provisions of previously issued Commission orders.

   The provisions of this §  63.98 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301—1325, 1501—1511 and 2911—2915.

   The provisions of this §  63.98 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 (232269).