Subchapter D. INTERRUPTION AND DISCONTINUATION OF
SERVICE

§ 64.51. Temporary interruption.

 The LEC may temporarily interrupt service when necessary to effect repairs or maintenance; to eliminate an imminent threat to life, health, safety or substantial property damage; or for reasons of local, State or National emergency. Each LEC shall establish procedures to be followed by its employes to prevent or mitigate interruption or impairment and provide prompt notification to affected customers.

   (1)  Notification procedures. When the LEC knows in advance of the circumstances requiring the service interruption, it shall take all reasonable steps, such as personal contact and use of the mass media, to give earlier notice of the cause and expected duration of the interruption to all customers who may be affected. When service is interrupted due to unforeseen circumstances, notice of the cause and expected duration shall be given as soon as possible thereafter.

   (2)  Permissible duration. Service may be interrupted only as long as necessary to protect the health or safety of the public, to protect property, or to remedy the situation which necessitated the interruption. Service shall be resumed as soon as possible thereafter.

 (a)  When main service is interrupted for a period of at least 24 hours, the LEC, after notice by the customer, shall apply the following schedule of allowances except in situations provided for in subsection (b):

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

   (2)  Two-thirtieths of the tariff monthly rate for each full 24-hour period beyond the first three 24-hour periods referred to in paragraph (1). However, in no instance shall the allowance for the out-of-service period exceed the total charges in a billing period for the service and facilities furnished by the company rendered useless or impaired.

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

 (c)  The allowances described in this section are not applicable when service is interrupted by the negligence or willful act of the customer to service or where the company, under 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 another reason provided for in the filed and effective tariff.

 A customer who wishes to have service discontinued shall give at least 5 days oral or written notice to the telephone company, specifying the date on which it is desired that service be discontinued. The customer shall retain responsibility for service and equipment charges until the day and time on which service is requested to be discontinued. If the customer fails to provide the LEC with proper notice or access to the premises, the customer shall continue to be responsible for equipment and service rendered.

   The provisions of this §  64.53 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1301—1325 and 1501—1511.

   The provisions of this §  64.53 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 14, 1989, effective July 15, 1989, 19 Pa.B. 3042; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial page (140301).