[51 Pa.B. 1999]
[Saturday, April 10, 2021]

[Continued from previous Web Page]

Subchapter F. [EXTENDED AREA SERVICE] (Reserved)

§ 63.71. [Definitions] (Reserved).

 [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.]

§ 63.72. [Traffic usage studies] (Reserved).

 [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.]

§ 63.72a. [InterLATA traffic studies] (Reserved).

 [(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 inter- exchange 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.]

§ 63.73. [Optional calling plans] (Reserved).

 [(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 inter- exchange carrier may not terminate an optional calling plan to an exchange without express Commission approval.]

§ 63.74. [EAS polls] (Reserved).

 [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.]

§ 63.75. [Subscriber polls] (Reserved).

 [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.]

§ 63.76. [EAS complaints] (Reserved).

 [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.]

§ 63.77. [Evaluation criteria] (Reserved).

 [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.]

Subchapter G. [PUBLIC COIN TELEPHONE SERVICE] (Reserved)

§ 63.91. [Purpose] (Reserved).

 [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.]

§ 63.92. [Definitions] (Reserved).

 [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.]

§ 63.93. [Conditions of service] (Reserved).

 [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.]

§ 63.94. [Coin telephone requirements] (Reserved).

 [(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 nickels, 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 non- public 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.]

§ 63.95. [Coin telephone service in the public interest] (Reserved).

 [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.]

§ 63.96. [Service requirements for coin telephones] (Reserved).

 [(a) A coin telephone shall provide two-way service and may be converted to one-way outgoing 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).]

§ 63.98. [Compliance] (Reserved).

 [(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.]

Subchapter H. [INTEREXCHANGE TELECOMMUNICATIONS CARRIERS] (Reserved)

§ 63.101. [Statement of purpose and policy] (Reserved).

 [On December 1, 2004, the General Assembly enacted Chapter 30 of the code (relating to alternative form of regulation of telecommunications services), which provided for the regulatory reform of the telephone industry in this Commonwealth. Sections 3018 and 3019(b) of the code (relating to interexchange telecommunications carriers; and additional powers and duties) have significant effect on the future regulation by the Commission of intraState interexchange telecommunications carriers, which include interexchange resellers. The purpose of this subchapter is to codify the application of Chapter 30 of the code to intraState, inter- exchange telecommunications carriers and to codify the modification of procedures to address the application of Chapter 30 of the code.]

§ 63.102. [Definitions] (Reserved).

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

 Clear and conspicuous manner—Information that is legible, stated in plain language and printed in 10-point type or larger.

 Code—The Public Utility Code. (66 Pa.C.S. §§ 101—3316).

 Competitive services—Interexchange services other than noncompetitive services.

 Interexchange facilities-based carrier—A person or entity whose facilities carry intraState interexchange service on a wholesale or retail basis through line, wire, cable, microwave, radio wave, satellite or other analogous facilities owned or operated by it.

 Interexchange reseller carrier—A person or entity which directly or indirectly acquires intraState interexchange service capacity and establishes rates to sell interexchange service through the use of technology to a residential or nonresidential subscriber or consumer.

 Interexchange services—The transmission of interLATA or intraLATA toll messages or data outside the local calling area.

 Interexchange telecommunications carrier—

 (i) A public utility, including both interexchange reseller carrier and interexchange facilities-based carrier, as those terms are defined in this section, authorized by the Commission to provide intraState interexchange service on a wholesale or retail basis.

 (ii) The term does not include a local exchange telecommunications company authorized by the Commission to provide intraState, interexchange services.

 Noncompetitive services—The term only includes those interexchange services or business activities that have been determined expressly by the Commission to be noncompetitive under §  63.105 (relating to reclassification of services).]

§ 63.103. [Jurisdiction of interexchange reseller carriers] (Reserved).

 [Under the definition of ''public utility'' in section 102 of the code (relating to definitions), a person or corporation now or hereafter owning or operating in this Commonwealth equipment or facilities for transmitting intraState interexchange services is subject to Commission jurisdiction as a public utility. Interexchange reseller carriers operate equipment or facilities utilized for the transmission of interexchange services and therefore, under the statutory definition of ''public utility,'' are jurisdictional. ]

§ 63.104. [Disclosure requirements for competitive services] (Reserved).

 [(a) All services, new or existing, offered by interexchange telecommunications carriers are deemed competitive.

 (b) An interexchange telecommunications carrier may maintain tariffs and file tariff supplements with the Commission that set forth the rates, charges and service description information relating to each of its tariffed competitive services. If an interexchange telecommunications carrier files a tariff or a tariff supplement with the Commission for its competitive services, it shall become effective on 1-day's notice.

 (c) If an interexchange telecommunications carrier chooses to detariff its competitive services, it shall make available for public inspection information concerning the rates, charges, terms and conditions for its competitive services in an easily accessible and clear and conspicuous manner at the following locations:

 (1) At the interexchange telecommunications carrier's principal office, if it is located within this Commonwealth, or at any local business office of the utility during regular business hours.

 (2) At the web site of the interexchange telecommunications carrier. An interexchange telecommunications carrier has the flexibility to structure and present information concerning the rates, charges, terms and conditions for its competitive services on its internet web site in any manner that it chooses, as long as the information is easily accessible to the public.

 (d) An interexchange telecommunications carrier shall update information concerning changes in rates, charges, terms and conditions for its detariffed competitive services either at its principal office or any local business office within 5 days and on its Internet web site no later than 48 hours after the effective date of the change so it provides the current information concerning service offerings.

 (e) An interexchange telecommunications carrier that chooses to detariff its competitive services shall disclose to customers their right to request information concerning the rates, charges, terms and conditions for its competitive services and shall provide contact information for this purpose.

 (f) This section supersedes Chapter 53 (relating to tariffs for noncommon carriers) to the extent that Chapter 53 is inconsistent with this section.]

§ 63.105. [Reclassification of services] (Reserved).

 [(a) The Commission has authority, under section 3018(c) of the code (relating to interexchange telecommunications carriers), after notice and an opportunity for a hearing, to reclassify the services of an interexchange telecommunications carrier as a noncompetitive service.

 (b) The Commission will review whether a competitive service should be reclassified as a noncompetitive service within the scope of a Commission investigation conducted under section 331(a) of the code (relating to powers of commission and administrative law judges), or upon consideration of a complaint filed under section 701 of the code (relating to complaints). The notice to the interexchange telecommunications carrier may contain the information deemed relevant by the Commission in holding a reclassification proceeding.

 (c) When reviewing whether a service should be reclassified, the Commission will consider all relevant information submitted to it, including the following factors:

 (1) The ease of entry by potential competitors into the market for the specific service at issue.

 (2) The presence of other existing interexchange telecommunications carriers in the market for the specific service at issue.

 (3) The ability of other interexchange telecommunications carriers to offer the service at competitive prices, terms and conditions.

 (4) The availability of like or substitute service alternatives in the relevant geographic area for the service at issue.]

§ 63.106. [Noncompetitive services and tariffs] (Reserved).

 [(a) A noncompetitive service, as defined in § 63.102 (relating to definitions), offered by an interexchange telecommunications carrier shall be included in a tariff filed in compliance with sections 1302 and 1303 of the code (relating to tariffs; filing and inspection; and adherence to tariffs).

 (b) Modifications to the rates, terms or conditions of the noncompetitive service set forth in the interexchange carrier's tariff shall be implemented through the filing of a tariff supplement and verified supporting documentation. The interexchange telecommunications carrier shall serve the tariff supplement on the Office of Consumer Advocate, the Office of Small Business Advocate and the Commission's Office of Trial Staff. The interexchange telecommunications carrier shall provide notice to the customer of the proposed change to the noncompetitive service 45 days prior to the filing of the tariff supplement with the Commission.

 (c) The tariff supplement and verified supporting documentation must contain the following information:

 (1) An indication on each page of the tariff supplement that the page pertains to the noncompetitive service.

 (2) A description of the noncompetitive service.

 (3) The rates proposed for the noncompetitive service.

 (4) Supporting data justifying the proposed rates for the noncompetitive service.

 (5) An executive overview summarizing the reason for the filing which includes relevant information regarding the safety, adequacy, reliability and privacy considerations related to the proposed service.

 (6) Other reasonable justification or any relevant data that is requested by the Commission after its initial review.

 (d) The interexchange telecommunications carrier is not required to submit cost justification, cost-of-service or revenue data relating to the proposed change as directed in subsection (c)(4) if one of the following applies:

 (1) The proposed change does not purport to increase an existing rate or surcharge.

 (2) The proposed change to the noncompetitive service is designed to make the rates, terms or conditions for that service comparable to the rates, terms and conditions that have been approved by several other state commissions.

 (e) The noncompetitive service tariff supplement shall be filed to become effective on 16-days' notice by the interexchange telecommunications carrier.

 (f) Review of noncompetitive service tariff supplements shall be conducted consistent with the following procedures:

 (1) Within 14 days of the date of filing of the tariff supplement with the Commission, the Commission will issue a notice allowing the tariff supplement to become effective or issue a report that explains why the tariff supplement may not become effective without modification. The report must identify modifications which would eliminate inadequacies in the tariff supplement. The Commission will deliver or transmit the notice or report to the filing interexchange telecommunications carrier at the time of issuance.

 (2) When the Commission issues a notice allowing the tariff supplement to go into effect, the tariff supplement shall become effective, without modification, 16 days after the filing date. If the Commission does not issue a notice or report on the tariff supplement within the 14-day period, the tariff supplement will go into effect by operation of law at the end of the 16-days' notice period.

 (3) When the Commission prohibits a tariff supplement from going into effect and issues a report addressing the inadequacies in the tariff supplement, the tariff supplement shall be suspended pending consideration of the tariff supplement under paragraphs (4) and (5).

 (4) The filing interexchange telecommunications carrier may file a response to the suspension of the carrier's tariff supplement. The response shall be filed within 7 days of the issuance of the report.

 (5) In the alternative, the interexchange telecommunications carrier may withdraw the tariff supplement and file a new tariff supplement which adopts the modifications addressed in the report or which reflects a version of the tariff supplement that has been agreed to by the carrier and the Commission. When a modified tariff supplement is filed, the modified tariff supplement shall become effective on 1-day's notice.

 (g) An interexchange telecommunications carrier requesting rate decreases for its existing noncompetitive services shall be permitted to put them into effect at the end of the specified 16-day notice period without further review or approval by the Commission.

 (h) An interexchange telecommunications carrier requesting changes in the terms and conditions of its existing noncompetitive services, when the changes do not result in any rate changes, shall be permitted to put them into effect at the end of the specified 16-day notice period without further review or approval by the Commission.

 (i) This section supersedes Chapter 53 (relating to tariffs for noncommon carriers) to the extent that Chapter 53 is inconsistent with this section.]

§ 63.107. [Applications for authority] (Reserved).

 [(a) An applicant shall specifically indicate in the application for authority to commence service that it is requesting authorization to provide interexchange services to the public and comply with § 3.551 (relating to official forms).

 (b) If an applicant is offering noncompetitive services to the public, it shall attach a proposed tariff to its application containing the proposed rates of the noncompetitive services and the rules and policies under which the interexchange telecommunications carrier intends to provide its service. Rates for noncompetitive services provided for in the proposed tariff may not exceed the reasonable charge for a noncompetitive interexchange call.

 (c) In addition to review of the general evidentiary criteria applicable to interexchange telecommunications carrier application proceedings, the Commission will review the proposed tariff to determine if it complies with subsection (b). The Commission will grant applications only upon a finding that the proposed tariff complies with subsection (b). If the proposed tariff contains rates for noncompetitive services that do not exceed the reasonable charge for a noncompetitive interexchange call, the Commission will presume that the rates for the noncompetitive services are just and reasonable.

 (d) Upon the grant of an application for authority to commence interexchange service, the applicant proposing to offer noncompetitive services shall file an initial tariff with the Commission for its noncompetitive services only. The initial tariff must contain the same rates, rules and policies for the noncompetitive services as set forth in the proposed tariff reviewed by the Commission. The initial tariff must become effective immediately upon filing. Initial tariffs must comply with §§ 53.1—53.10 and 53.21—53.26 (relating to filing regulations; and form and content of tariffs).

 (e) Upon the grant of an application for authority to commence interexchange service, a new interexchange telecommunications carrier may file or maintain with the Commission tariffs containing the rates, terms and conditions for its competitive services. If the new interexchange telecommunications carrier files a tariff with the Commission, the tariff shall become effective on 1-day's notice.

 (f) If a new interexchange telecommunications carrier chooses to detariff its competitive services, the information regarding the rates, terms and conditions for its competitive services shall be made available at the public disclosure locations established in § 63.104(c) (relating to disclosure requirements for competitive services). The new carrier shall post the information at the public disclosure locations within 48 hours of the date that its application to commence interexchange service has been approved by the Commission.

 (g) This section supersedes Chapter 53 (relating to tariffs for noncommon carriers) to the extent that Chapter 53 is inconsistent with this section.]

§ 63.108. [Reporting requirements] (Reserved).

 [(a) Interexchange telecommunications carriers shall file affiliated interest and affiliated transaction agreements with the Commission unless the agreements involve services declared to be competitive. The filings constitute notice to the Commission only. The Commission may use the filings to audit the accounting and reporting systems of interexchange telecommunications carriers for transactions with their affiliates.

 (b) On or before May 31 of a calendar year, a certificated interexchange telecommunications carrier, as defined in § 63.102 (relating to definitions), shall file with the Commission an annual report for the preceding calendar year. The annual report shall be filed with the Commission's Bureau of Fixed Utility Services.

 (c) The annual report must contain aggregate total revenue and traffic volume data measured in minutes of use for the carrier's intraState operations during the preceding calendar year.

 (d) The interexchange telecommunications carrier shall provide disaggregated information in its annual report if it is technologically feasible for the interexchange telecommunications carrier to collect the data. Some examples of the information that shall be disaggregated in the carrier's major service categories are:

 (1) Message toll service (MTS) and associated services including operator assisted and calling card services.

 (2) Services corresponding to outbound Wide Area Telecommunications Services (WATS).

 (3) Services corresponding to inbound WATS or ''800'' type services.

 (4) Private line or dedicated communication path services.

 (5) Dedicated network type services, including virtual network type services.]

§ 63.109. [Enforcement] (Reserved).

 [(a) For the purpose of enforcement of consumer complaints regarding competitive services, the Commission will have jurisdiction to enforce consumer complaints that involve violations of the applicable public notice requirements established in this subchapter. The Commission will have jurisdiction to enforce consumer complaints regarding the provisioning of service by interexchange telecommunications carriers, including customer privacy, ordering, installation, restoration and disconnection, as well as the quality of service issues. Other consumer complaints, including those complaints involving violations that fall under the Unfair Trade Practices and Consumer Protection Law (73 P.S. §§ 201-1—209-9.3), will be referred by the Commission's Bureau of Consumer Services to the Office of Attorney General's Bureau of Consumer Protection.

 (b) For the purpose of enforcement of consumer complaints related to noncompetitive services, the Commission will utilize the dispute and informal complaint procedures prescribed for residential billing disputes under Chapter 64 (relating to standards and billing practices for residential telephone service). The Bureau of Consumer Services will have primary jurisdiction over informal complaints arising under this subchapter for designated noncompetitive services.]

Subchapter J. CONFIDENTIALITY OF CUSTOMER COMMUNICATIONS AND INFORMATION

§ 63.131. [Purpose and general] General provisions.

 (a) [This subchapter establishes appropriate minimum standards to ensure that public utilities providing regulated telecommunication services maintain the confidentiality of customer communications and customer information] (Reserved).

 (b) [A telephone] A jurisdictional telecommunications company subject to this subchapter shall treat customer communications and customer information as confidential. Except for the limited instances provided in this subchapter, release of customer information to the public shall be permitted only on the authority of the customer. When a [telephone] telecommunications company or its authorized [employes] employees, agents or independent contractors utilize customer information, they shall do so only when necessary and only to the extent necessary to accomplish legitimate and authorized purposes, as set forth in this subchapter. [Telephone] Telecommunications companies and [telephone company employes] their employees, agents or independent contractors shall make every reasonable effort to avoid the unauthorized dissemination of customer information to the public.

 (c) Nothing in this subchapter supersedes the Wiretap Act, or permits a [telephone] telecommunications company service or activity which is otherwise prohibited by the Wiretap Act.

§ 63.132. Definitions.

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

 Agent—An individual or entity that performs work on behalf of a telecommunications public utility as the principal and is subject to this subchapter.

 

 Customer communications—A customer voice or data communication made in whole or in part by wire, cable, microwave or other means for the transmission by a [telephone] telecommunications company of communications between the point of origin and the point of reception by a [telephone] telecommunications company.

 Customer information—Information regarding a customer of a [telephone] telecommunications company or information regarding the services or equipment ordered and used by that customer. The term includes a customer's name, address and telephone number, occupation, information concerning toll calls, collect calls and third-party billed calls, local message detail information and information concerning services ordered or subscribed to by a customer. The term also includes bills, statements, credit history, toll records whether on paper, microfiche or electromagnetic media; computer records; interexchange carrier selection, service problems and annoyance call records.

 Destruction—The mutilation of documents in a manner which insures that their content is obliterated by sufficiently tearing or shredding prior to collection by public waste or trash collectors or by appropriately erasing information stored electromagnetically.

 [Employe] Employee—An individual who works directly for and is paid a salary by a [telephone] telecommunications company subject to this subchapter.

 

 Independent contractor—An individual or entity that performs work on behalf of a telecommunications public utility that is subject to this subchapter.

 [Pen register—A device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted with respect to wire communications on the telephone line to which the device is attached. The term does not include a device which is excluded from the definition of pen register by the Wiretap Act.]

 Security department—The department or individuals with responsibility for the prevention and investigation of the loss, destruction or theft of [telephone] telecommunications company property, the unauthorized or unlawful use of [telephone] telecommunications company equipment or services and the unlawful conduct of [telephone] telecommunications company [employes] employees, agents or independent contractors which occurs during the course of employment.

 Service evaluation and monitoring—Evaluation and monitoring of [telephone] telecommunications company operations, including communications, to maintain or improve the quality of service to the customer. The term includes review of [customer/employe relations] employee, agent or independent contractor relationships with customers, system checks and facility maintenance.

 [Telephone] Telecommunications company—A public utility which provides regulated telecommunication services subject to Commission jurisdiction.

 [Trap and trace device—A device which captures incoming electronic or other impulses which identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. The term does not include a device which is excluded from the definition of trap and trace device by the Wiretap Act.

 Wiretap—A device which is used to intercept and record or aurally monitor telephone communications whether from a local or remote site under a court order or other lawful process.]

 Wiretap Act—Title 18 of the Pennsylvania Consolidated Statutes §§ 5701—5781 (relating to Wiretapping and Electronic Surveillance Control Act).

§ 63.133. Confidentiality.

 A [telephone] telecommunications company shall [establish] distribute a written statement of its fundamental policy and obligation to maintain the confidentiality of customer communications and customer information to its customers annually. The written statement shall declare the responsibility of each [employe] employee, agent or independent contractor to maintain the confidentiality of customer communications and customer information in accordance with applicable State and Federal law.

§ 63.134. [Employe commitment] Commitment to confidentiality of customer communications and customer information.

 A [telephone] telecommunications company shall confirm with each [employe] employee, agent or independent contractor the responsibility to maintain the confidentiality of customer communications and customer information in accordance with applicable State and Federal law.

 (1) Securing commitment from [employes] employees, agents or independent contractors. A [telephone] telecommunications company shall, at the time a person commences employment or an agency or independent contractor relationship, instruct that person regarding [telephone] telecommunications company policy covering the following points:

 (i) State and Federal law generally prohibits the interception, disclosure and use of customer communications.

 (ii) An [employe] employee, agent or independent contractor is prohibited from intercepting, using or disclosing customer communications except in those limited instances which are a necessary incident to:

 (A) The provision of service.

 (B) The protection of the legal rights or property of the [telephone] telecommunications company where the action is taken in the normal course of employment.

 (C) The protection of the [telephone] telecommunications company, an interconnecting carrier, a customer or user of service from fraudulent, unlawful or abusive use of [telephone] telecommunications service.

 (D) Compliance with legal process or other requirements of law.

 (iii) An [employe] employee, agent or independent contractor is prohibited from using or disclosing customer information except when the use or disclosure is authorized by this subchapter.

 (iv) Improper interception, use or disclosure of customer communications or customer information may result in disciplinary action, including dismissal or criminal and civil proceedings, or both.

 (2) Documentation of [employe] employee, agent or independent contractors commitment. An appropriate document shall be prepared outlining the policy summarized in paragraph (1) and stating that the [telephone] telecommunications company [employe] employee, agent or independent contractor has read and understands the policy. The [telephone] telecommunications company shall present the document to each [employe] employee, agent or independent contractors for signature. A [telephone] telecommunications company manager shall witness and date the document, regardless of whether the [employe] employee, agent or independent contractor has agreed to sign the document. One copy shall be filed with the [employe's] personnel papers of the employee, agent or independent contractors and one copy given to the [employe] employee, agent or independent contractors to keep and review.

 (3) Annual review. A [telephone] telecommunications company shall annually review with [employes] employees, agents or independent contractors the commitment to confidentiality of customer communications and customer information, and shall make a record of that annual review.

§ 63.135. Customer information.

 This section describes procedures for determining [employe] access to customer information and the purposes for which this information may be used by [employes] employees, agents or independent contractors responding to requests for customer information from persons outside the [telephone] telecommunications company and the recording of use and disclosure of customer information.

 (1) [Employe access] Access to and use of customer information. Access to and use of customer information shall be limited to [employes] employees, agents or independent contractors who have a legitimate need to use the information in the performance of their work duties and, because of the nature of their duties, need to examine the data to accomplish the legitimate and lawful activities necessarily incident to the rendition of service by the [telephone] telecommunications company. An [employe] employee, agent or independent contractor shall be prohibited from using customer information for personal benefit or the benefit of another person not authorized to receive the information.

 (2) Requests from the public. Customer information that is not subject to public availability may not be disclosed to persons outside the [telephone] telecommunications company or to subsidiaries or affiliates of the [telephone] telecommunications company, except in limited instances which are a necessary incident to:

 (i) The provision of service.

 (ii) The protection of the legal rights or property of the [telephone] telecommunications company where the action is taken in the normal course of an [employe's] employee's, agent's or independent contractor's activities.

 (iii) The protection of the [telephone] telecommunications company, an interconnecting carrier, a customer or a user of service from fraudulent, unlawful or abusive use of service.

 (iv) A disclosure that is required by a valid subpoena, search warrant, court order or other lawful process.

 (v) A disclosure that is requested or consented to by the customer or the customer's attorney, agent, [employe] employee or other authorized representative.

 (vi) A disclosure request that is required or permitted by law, including the regulations, decisions or orders of a regulatory agency.

 (vii) A disclosure to governmental entities if the customer has consented to the disclosure, the disclosure is required by a subpoena, warrant or court order or disclosure is made as part of [telephone] telecommunications company service.

 (3) Limitation on disclosures to agents, contractors, subsidiaries or affiliates. To comply with this subchapter, a [telephone] telecommunications company may not allow disclosure of customer information to an agent, contractor, subsidiary or affiliate of a party it has entered into contract with (the contracting party) absent the prior establishment of terms and conditions for the disclosure pursuant to a written agreement that requires:

 (i) Treatment of the information as confidential.

 (ii) Use of the information by the contracting party or any of its respective [employes] employees, agents or independent contractors for only those purposes specified in the contract or agreement. The contract shall require the contracting party to establish a confidentiality statement which provides confidentiality protections which are no less than those required of the [telephone] telecommunications company by this subchapter and to maintain the same [employe] employee commitment to the protections in § 63.134 (relating to [employe] employee, agent or independent contractor commitment to confidentiality of customer communications and customer information). The contract may not allow the interception or use of the customer information or customer communications in a manner not authorized with respect to a [telephone] telecommunications company [employe] employee, agent or independent contractor. The contracting party shall also be subject to the operational restrictions specified in this subchapter with regard to the handling of customer communications and customer information as would otherwise apply to a [telephone] telecommunications company [employe] employee, agent or independent contractor.

 (iii) Nondisclosure of the customer information and customer communications to third parties except as required by law.

 (4) Requests from law enforcement agencies and civil litigation. Government administrative, regulatory and law enforcement agencies and parties in civil litigation may be able to compel the [telephone] telecommunications company to disclose customer information by serving upon the utility a subpoena, search warrant, court order or other lawful process.

 (i) In response to legal process requiring the disclosure of customer information, the security department shall make the necessary arrangements with the government agency or attorney who caused the legal process to be issued regarding the information to be produced and the identity of the [employe] employee, agent or independent contractor or other [telephone] telecommunications company representative who will produce the information. The [employe] employee, agent or independent contractor assigned to produce this information shall secure the information, including applicable records, from the department having possession of the information and records and shall ascertain the meaning of a code word or letters or nomenclature which may appear on the records, to explain the meaning, if requested to do so. The [employe] employee, agent or independent contractor shall then comply with the legal process.

 (ii) If information, including applicable records, is unavailable, the [employe] employee, agent or independent contractor selected to respond to the legal process shall be prepared to explain the unavailability of the information requested.

 (iii) When a request for customer information is presented by a law enforcement agency, but that request is not accompanied by legal process, the request shall be referred to the security department. Absent legal process, the security department may not make disclosure of customer information to a law enforcement agency, except as required or permitted by law. Written, oral or other communication to law enforcement officials to indicate whether obtaining legal process would be worthwhile is prohibited by the Commission.

 (5) Safeguarding customer information. A [telephone] telecommunications company is responsible for implementing appropriate procedures to safeguard customer information and prevent access to it by unauthorized persons. Tangible customer records such as paper or microfiche records and electromagnetic media shall be stored in secure buildings, rooms and cabinets, as appropriate, to protect them from unauthorized access. Data processing and other electronic systems shall contain safeguards, such as codes and passwords, preventing access to customer information by unauthorized persons.

 (i) Transmission of customer information. Customer information shall be transmitted in a manner which will reasonably assure that the information will not be disclosed to persons who are not authorized to have access to it.

 (ii) Reproduction. Customer records may not be reproduced unless there is a business need for the reproduction. Only sufficient copies shall be made to satisfy the business purpose for the reproduction.

 (iii) Destruction of customer records. Customer records shall be disposed of by the most advantageous method available at each location when retention of the records is no longer required by applicable Federal Communications Commission (FCC) regulations, other legal requirements, contract provisions such as government contract requirements or appropriate document retention guidelines.

 (6) Recording use and disclosure of customer information. Because of the frequency with which customer information is used and disclosed in the ordinary course of business, it is neither practical nor desirable to record each instance in which customer information is used or disclosed by an [employe] employee, agent or independent contractor. However, the importance of some forms of customer information and the circumstances under which the information may be used or disclosed dictate that a record is required of the use or disclosure of customer information, as follows:

 (i) Each instance in which customer information is used or disclosed for purposes other than to furnish service to the customer, to collect charges due from the customer or to accomplish other ordinary and legitimate business purposes.

 (ii) Each instance in which information is disclosed to persons outside of the [telephone] telecommunications company, subject to subparagraph (i).

 (iii) Each instance in which customer information is disclosed to a governmental entity or the [telephone] telecommunications company security department.

 (iv) Each instance in which a record is required by other [telephone] telecommunications company practices or procedures.

 (7) Annual notice of Customer Proprietary Network Information (CPNI) rights. The [telephone] telecommunications company shall provide an annual written notice of CPNI rights, as defined by the FCC, to customers with less than 20 access lines. The notice shall be submitted to the Commission's Bureau of Consumer Services for plain language review prior to issuance.

§ 63.136. [Use of certain customer communications or customer information for debt collection purposes] (Reserved).

 [Notwithstanding another provision of this subchapter, neither the telephone company nor an agent or contractor of the telephone company may use itemized call information, including toll call information, which states the name or number of a person called by a customer, or customer communications with a person other than the telephone company, for the purpose of identifying and contacting the person to locate the customer to collect a debt owed by the customer to the telephone company. If the customer disputes liability for charges associated with a particular call, the telephone company may contact the person whom its records indicate was called to ascertain whether a call actually was placed from the customer's service to that person.]

§ 63.137. [Service monitoring and related matters] (Reserved).

 [This section sets forth procedures for service evaluation and monitoring; use of pen registers and trap and trace devices; and responses to government requests for assistance in conducting wiretap, pen register, trap and trace and other types of investigations.

 (1) Compliance with State and Federal laws. The telephone company shall comply with State and Federal laws regulating the recording, interception, disclosure or use of customer communications and the use of pen registers and trap and trace devices. Other recording of conversations is prohibited.

 (2) Service evaluation and monitoring. The telephone company may evaluate and monitor those aspects of its operations, including customer communications, necessary for the provision of service to its customers.

 (i) Service evaluation. A telephone company may engage in the sampling of customer communications by telephone company employees or automated equipment to measure service quality. This sampling of customer communications shall be kept to the minimum needed to measure service quality. Service evaluation facilities may not have monitoring access points outside official evaluation quarters. Entry to evaluation quarters shall be strictly controlled. During periods when evaluation quarters are not in use or when otherwise considered appropriate, the quarters shall be securely locked or the equipment rendered inoperative or accessible only by authorized personnel. Access to service evaluation documents that contain individual employee-customer contact information shall be closely guarded to protect the customer's privacy.

 (ii) Maintenance monitoring. A telephone company may engage in the monitoring of telephone company facilities by an employee entering the circuit to listen and carry out tests to determine whether noise, ''cross-talk,'' improper amplification, reproduction or other problems may exist. This includes the mandatory routines covered by equipment test lists, tracing of circuits for corrective action and other similar activities. The monitoring may not interfere with the voice or data information being carried.

 (iii) Administrative monitoring. A telephone company may engage in the monitoring of telephone company employee contacts with customers and with other employees which have a direct bearing on the quality of service provided to customers. The monitoring equipment shall be secure at all times and only used by authorized persons. The monitoring may be performed from a remote location. When the equipment is in a remote location and is not in use, it shall be secured or made inoperative or accessible only by authorized personnel.

 (3) Security department monitoring. To the extent permitted by applicable State and Federal law, the security department may conduct monitoring, including recording of conversations, in conjunction with the investigation of toll fraud or other unlawful uses of the telephone network. The security department shall maintain complete records of monitoring performed. At a minimum, the records shall include the date and times between which the monitoring was conducted, the name, address and telephone number of the person from whose service the communication was placed and by whose service it was received, the name of the person making the communication, the duration of the communication and information derived from the monitoring. The records shall be retained for the period of time required by telephone company document retention guidelines.

 (4) Use of pen registers and trap and trace devices.

 (i) Pen register and trap and trace devices may be used by telephone company employees in accordance with applicable State and Federal law.

 (ii) In each instance in which pen register or trap and trace devices are used for a purpose other than for the operation, maintenance or testing of the network, for billing purposes or for the provision of service, a record shall be made showing the dates and times between which the pen register or trap and trace device was used, the names of the persons by whom the use was authorized, directed to be performed and conducted, and the name, address and telephone number of the person whose service was subject to use of the pen register or trap and trace device. The record shall be retained for the time required by applicable telephone company document retention guidelines.

 (5) Employee authorization. An employee may not perform service evaluation, maintenance monitoring or administrative monitoring or direct that these activities be performed unless the employee is authorized and has a need to do so as part of the employee's work duties. An employee may not use pen register or trap and trace facilities or direct that such a device or facilities be used unless the employee is authorized and has a need to do so as part of regular work duties.

 (6) Government orders. Orders from courts and other lawful process requiring the telephone company to assist in the performance of pen register searches, trap and trace searches, wiretap searches and other types of investigations shall be handled in accordance with applicable State and Federal law. The telephone company shall maintain a record of each investigation conducted under this subsection. The record shall be retained for the time required by applicable telephone company document retention guidelines.]

Subchapter K. COMPETITIVE SAFEGUARDS

§ 63.141. Statement of purpose and policy.

 (a) This subchapter establishes competitive safeguards to:

 (1) Assure the provision of adequate and nondiscriminatory access by [ILECs to CLECs] local exchange telecommunications carriers to competitive telecommunications carriers as the term is defined in this subchapter for all services and facilities [ILECs] local exchange telecommunications companies are obligated to provide [CLECs] competitive telecommunications carriers under any applicable Federal or State law.

 (2) Prevent the unlawful cross subsidization or support for competitive services from noncompetitive services by [ILECs] local exchange telecommunications companies.

 (3) Prevent LECs from engaging in unfair competition.

 (b) These competitive safeguards are intended to promote the Commonwealth's policy of establishing and maintaining an effective and vibrant competitive market for all telecommunications services.

 (c) The code of conduct in § 63.143 (relating to code of conduct) supersedes and replaces the code of conduct adopted by Commission order entered September 30, 1999, at P-00991648, et al.

§ 63.142. Definitions.

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

 [CLEC—Competitive local exchange carrier] Competitive telecommunications carrier—

 (i) A local exchange telecommunications [company] services provider that has been certificated or given provisional authority by the Commission as a [CLEC] competitive telecommunications carrier under the Commission's procedures implementing the Telecommunications Act of 1996, the act of February 8, 1996 (Pub. L. No. 104-104, 110 Stat. 56), or under the relevant provisions in 66 Pa.C.S. § [3009(a)] 3019(a) (relating to additional powers and duties), and its successors and assigns.

 (ii) The term includes any of the [CLEC's] competitive telecommunications carrier's affiliates, subsidiaries, divisions or other corporate subunits that provide local exchange service.

 Competitive service—A service or business activity offered by an [ILEC or CLEC] local exchange telecommunications company or competitive telecommunications carrier that has been classified as competitive by the Commission under the relevant provisions of 66 Pa.C.S. § [3005] 3016 (relating to competitive services).

 [ILEC—Incumbent local exchange carrier—

 (i) A telecommunications company deemed to be an ILEC under section 101(h) of the Telecommunications Act of 1996 (47 U.S.C.A. § 251(h)), and its successors and assigns.

 (ii) The term includes any of the ILEC's affiliates, subsidiaries, divisions or other corporate subunits that provide local exchange service.]

 LEC—Local exchange carrier—A local [telephone company] exchange telecommunications service provider that provides telecommunications service within a specified service area. LECs encompass both [ILECs and CLECs] local exchange telecommunications companies and competitive telecommunications carriers.

 Local exchange telecommunications company—

 (i) A local exchange telecommunications services provider deemed to be an incumbent carrier under section 101(h) of the Telecommunications Act of 1996 (47 U.S.C.A. § 251(h)), and its successors and assigns.

 (ii) The term includes any of the local exchange telecommunications company's affiliates, subsidiaries, divisions or other corporate subunits that provide local exchange service.

 Market price—Prices set at market-determined rates.

 Noncompetitive service—Any protected [telephone] telecommunications service as defined in 66 Pa.C.S. § [3002] 3012 (relating to definitions), or a service that has been determined by the Commission as not a competitive service.

 Telecommunications service—[A utility service, involving the transmission of messages, which is subject to the Commission's jurisdiction] The offering of the transmission of messages or communications for a fee to the public.

§ 63.143. Code of conduct.

 All LECs, unless otherwise noted, shall comply with the following requirements:

 (1) Nondiscrimination.

 (i) [An ILEC] A local exchange telecommunications company may not give itself, including any local exchange affiliate or division or other corporate subunit that performs that function, or any [CLEC] competitive telecommunications carrier any preference or advantage over any other [CLEC] competitive telecommunications carrier in the preordering, ordering, provisioning, or repair and maintenance of any goods, services, network elements (as defined under section 3(29) of the Communications Act of 1934 (47 U.S.C.A. § 153(29)), or facilities.

 (ii) [An ILEC] A local exchange telecommunications company may not condition the sale, lease or use of any noncompetitive service on the purchase, lease or use of any other goods or services offered by the [ILEC] local exchange telecommunications company or on a written or oral agreement not to deal with any CLEC. In addition, a LEC may not condition the sale, lease or use of any noncompetitive service on a written or oral agreement not to deal with any other LEC. Nothing in this paragraph prohibits an [ILEC] local exchange telecommunications company from bundling noncompetitive services with other noncompetitive services or with competitive services so long as the [ILEC] local exchange telecommunications company continues to offer any noncompetitive service contained in the bundle on an individual basis.

 (iii) [An ILEC] local exchange telecommunications company shall offer to [CLECs] competitive telecommunications carriers for resale any bundled competitive and noncompetitive services it provides to end-users at the same price it offers the bundled services to end-users less any applicable wholesale discount approved by the Commission, and shall make the unbundled network elements associated with those services available to [CLECs] competitive telecommunications companies as may be required by any applicable State or Federal law.

 (2) Employee conduct.

 (i) A LEC employee, while engaged in the installation of equipment or the rendering of services to any end-user on behalf of a competitor, may not disparage the service of the competitor or promote any service of the LEC to the end-user.

 (ii) A LEC employee, while processing an order for the repair or restoration of service or engaged in the actual repair or restoration of service on behalf of a competitor, may not either directly or indirectly represent to any end-user that the repair or restoration of service would have occurred sooner if the end-user had obtained service from the LEC.

 (3) Corporate advertising and marketing.

 (i) A LEC may not engage in false or deceptive advertising with respect to the offering of any telecommunications service in this Commonwealth.

 (ii) A LEC may not state or imply that the services provided by the LEC are inherently superior when purchased from the LEC unless the statement can be factually substantiated.

 (iii) A LEC may not state or imply that the services rendered by a competitor may not be reliably rendered or are otherwise of a substandard nature unless the statement can be factually substantiated.

 (iv) [An ILEC] A local exchange telecommunications company may not state or imply that the continuation of any requested service from the [ILEC] local exchange telecommunications company is contingent upon taking other services offered by the [ILEC] local exchange telecommunications company that are not technically necessary to provide the requested service.

 (4) Cross subsidization.

 (i) [An ILEC] A local exchange telecommunications company may not use revenues earned or expenses incurred in conjunction with noncompetitive services to subsidize or support any competitive services.

 (5) Information sharing and disclosure.

 (i) [An ILEC] A local exchange telecommunications company shall simultaneously make available to [CLECs] competitive telecommunications carriers network information not in the public domain that is used for sales purposes by the [ILEC] local exchange telecommunications company or the [ILEC's] local exchange telecommunications company's competitive local [exchange] telecommunications services affiliate or division or other corporate subunit that performs that function.

 (A) The term ''network information'' means information concerning the availability of unbundled network elements or information necessary for interconnection to the [ILEC's] local exchange telecommunications company's network.

 (B) Network information does not include information obtained during the processing of an order or service on behalf of the [ILEC] local exchange telecommunications company or the [ILEC's] local exchange telecommunications company's competitive local exchange affiliate or division or other corporate subunit that performs that function.

 (ii) [An ILEC's] A local exchange telecommunications company's employees, including its wholesale employees, shall use [CLEC] competitive telecommunications carrier proprietary information (that is not otherwise available to the [ILEC)] local exchange telecommunications company) received in the preordering, ordering, provisioning, billing, maintenance or repairing of any telecommunications services provided to the [CLEC] competitive telecommunications carrier solely for the purpose of providing the services to the CLEC. [ILEC] Local exchange telecommunications company employees may not disclose the [CLEC] competitive telecommunications carrier proprietary information to other employees engaged in the marketing or sales of retail telecommunications services unless the [CLEC] competitive telecommunications carrier provides prior written consent to the disclosure. This provision does not restrict the use of aggregated [CLEC] competitive telecommunications carrier data in a manner that does not disclose proprietary information of any particular [CLEC] competitive telecommunications carrier.

 (iii) Subject to customer privacy or confidentiality constraints, a LEC employee may not disclose, directly or indirectly, any customer proprietary information to the LEC's affiliated or nonaffiliated entities unless authorized by the customer under § 63.135 (relating to customer information).

 (6) Sharing of employees and facilities. The [ILEC's] local exchange telecommunications company's wholesale employees who are responsible for the processing of a [CLEC] competitive telecommunications carrier order or service of the operating support system on behalf of a [CLEC] competitive telecommunications carrier may not be shared with the retail portion of the [ILEC's] local exchange telecommunications company's business, shall have offices physically separated from the [ILEC's] local exchange telecommunications company's retail employees and shall have their own direct line of management.

 (7) Adoption and dissemination. Every LEC shall formally adopt and implement the applicable code of conduct provisions as company policy or modify its existing company policy as needed to be consistent with the applicable code of conduct provisions. Every LEC shall also disseminate the applicable code of conduct provisions to its employees and take appropriate steps to train and instruct its employees in their content and application.

Subchapter N. LOCAL SERVICE PROVIDER ABANDONMENT PROCESS

§ 63.302. Definitions.

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

*  *  *  *  *

 Customer—The end-user recipient of [telephone] telecommunications service provided by [a] an LSP.

*  *  *  *  *

 Local service reseller— A LSP that resells another company's wholesale [telephone] telecommunications services to provide local service to customers.

*  *  *  *  *

CHAPTER 64. STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL [TELEPHONE] TELECOMMUNICATIONS SERVICE

Subchapter A. PRELIMINARY PROVISIONS

§ 64.1. Statement of purpose and policy.

 The purpose of this chapter is to establish and enforce uniform, fair and equitable residential [telephone] telecommunications service standards governing account payment and billing, credit and deposit practices, suspension, termination and customer complaint procedures. The purpose of this chapter is to assure adequate provision of residential [telephone] telecommunications service; to restrict unreasonable suspension or termination of or refusal to provide service; and to provide functional alternatives to suspension, termination or refusal to provide service. Every privilege conferred or duty required by this chapter imposes an obligation of good faith, honesty and fair dealing in its performance and enforcement. This chapter will be liberally construed to fulfill its purpose and policy and to ensure justice for all concerned.

§ 64.2. Definitions.

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

 Applicant—A person who applies for residential [telephone] telecommunications service, other than a transfer of service from one dwelling to another within the service area of the LEC or a reinstatement of service following a discontinuation or suspension.

 Basic service—The transmission of messages or communications by a telephone device between points within a local calling area as established in the tariff of [an] a LEC, including installation service, providing and restoring access lines, touch tone service and handling of unpaid checks as addressed in § 64.11 (relating to method of payment). The term includes charges for 911 service, telecommunications relay service and subscriber line service, but does not include [premise] premises visits for installation of new service.

 Billing period—A period of at least 26 days and not more than 35 days, except in the following circumstances:

 (i) An initial bill for a new customer may be less than 26 days or greater than 35 days. The initial bill may never exceed 60 days.

 (ii) A final bill due to discontinuance or termination may be less than 26 days or greater than 35 days but may not exceed 42 days. A bill may be rendered after the final bill for an additional toll, lost equipment or other similar charge.

 (iii) Bills for less than 26 days or more than 35 days will be permitted if they result from a rebilling initiated by the company or by a customer dispute to correct a billing problem.

 Bundled service package—A package of services offered and billed on one bill by [an] a LEC, as defined in this section, which includes nontariffed, competitive, noncompetitive or protected services, including services of an affiliate, in combinations and at a single price selected by the LEC.

 Commercial service—[Telephone] Telecommunications service to a location other than a dwelling, except that service to a dwelling used for both residential and commercial purposes shall be considered commercial service if concurrent residential service is provided.

 Competitive wire center—A wire center or other geographic area that is defined and served by a local exchange telecommunications company where all of its retail telecommunications services have been declared or determined to be competitive by the Commission as competitive under 66 Pa.C.S. § 3016 (relating to competitive services).

 Cramming—The submission or inclusion of unauthorized, misleading or deceptive charges for products or services on an end-user customer's local telephone bill.

 Customer—An applicant in whose name a residential service account is billed.

 Delinquent account—Charges for [telephone] telecommunications service which have not been paid in full by the due date stated on the bill or otherwise agreed upon. The contested portion of an account may not be deemed delinquent if, before the due date, payment arrangements with the LEC have been entered into by the customer, a timely filed notice of dispute is pending before the LEC or an informal or formal complaint is timely filed with and is pending before the Commission.

 Discontinuation of service—The temporary or permanent cessation of service upon the request of a customer.

 Dispute—A grievance of an applicant, customer or customer's designee about a utility's application of one or more provisions covered by this chapter, including credit determinations, deposit requirements, the accuracy of amounts billed or the proper party to be charged, which remains unresolved after the initial contact or utility follow-up response when the applicant, customer or customer's designee consents to the utility reviewing pertinent records or other information and calling back. The term does not include a disagreement arising from matters outside the scope of this chapter, or failure to negotiate a mutually satisfactory payment agreement regarding undisputed amounts, or a disagreement over billing data provided to the local exchange carrier by an interexchange carrier.

 Dwelling—A house, apartment or other location where a person resides.

 Emergency—An unforeseen combination of circumstances requiring temporary discontinuation of service either to effect repairs or maintenance or to eliminate an imminent threat to life, health, safety or property.

 Interexchange carrier—A carrier which provides interexchange services to the public under 66 Pa.C.S. § [3008] 3018 (relating to interexchange telecommunications [carrier] carriers).

 LEC—Local Exchange Carrier—A public utility which provides basic service either exclusively or in addition to toll service as an incumbent or a competitive carrier.

 Nonbasic service—A service or a product other than [telephone] telecommunications service which is either offered or billed for by [an] a LEC. The term includes the sale or lease of customer premises equipment, inside wiring maintenance plans, repair services, premises visits for service installation, nonrecurring charges for nonbasic services, restoral charges for nonbasic services, custom calling services, audiotex services, pay-per-call services and international information or entertainment services.

 Noncompetitive wire center—A wire center or other geographic area that is defined and served by a local exchange telecommunications company where the jurisdictional telecommunications public utility continues to offer to its customer protected, retail nonprotected and noncompetitive telecommunications services as defined by 66 Pa.C.S. § 3012 (relating to definitions).

 Occupant—A person who resides at a location to which residential service is supplied.

 Payment agreement—A mutually satisfactory agreement between the customer and the LEC whereby a customer who admits liability for billed service is permitted to pay the unpaid balance of the account in one or more payments over a reasonable period.

 Physician—An individual permitted under the statutes of the Commonwealth to engage in the practice of medicine and surgery or in the practice of osteopathy or osteopathic surgery.

 Residential service—[Telephone] Telecommunications service supplied to a dwelling, including service provided to a location used for both residential and commercial purposes if no concurrent commercial service is provided. The term does not include [telephone] telecommunications service provided to a hotel or motel.

 Service provider—Facilities-based interexchange carrier, interexchange reseller or information service provider initiating the service or charges to end-user customers.

 Slamming—The unauthorized changing of a customer's telecommunications provider, whether for local exchange service, intraLATA toll or interLATA toll.

 Suspension of service—A temporary cessation of service without the consent of the customer.

 [Telephone] Telecommunications company—A public utility which provides [telephone] telecommunications service subject to Commission jurisdiction.

 [Telephone] Telecommunications service—The transmission of messages or communications by telephone. The term includes basic service and toll service.

 Termination of service—Permanent cessation of service after a suspension without the consent of the customer.

 Toll service—The transmission of messages or communications by telephone between points which are not both within a local calling area as established in the tariff of [an] a LEC. The term includes service that is either billed by or provided by [an] a LEC, toll restoral charges and presubscription interexchange carrier change charges.

Subchapter B. PAYMENT AND
BILLING STANDARDS

§ 64.11. Method of payment.

 Payment may be made in any reasonable manner including payment by personal check, unless the customer within the past year has tendered a check which has been returned unpaid to the LEC by a financial institution for a reason for which the customer is at fault. When a tendered personal check is returned unpaid to the LEC by a financial institution for a reason for which the customer is at fault, the LEC may treat such unpaid check as a payment never made by the customer and, if it does so, shall not be obligated to halt suspension or termination action based on its receipt of this check from the customer. The LEC may impose a charge for a returned check as long as the charge is set forth be in the LEC's approved tariff, Product Guide or similar document. The LEC also may impose a handling charge, the amount of which shall be set forth in the carrier's approved tariff. Notwithstanding the foregoing provisions, the LEC may not proceed with suspension or termination of service based on a disputed billed amount or impose a handling charge if the customer stops payment on a check due to a good faith billing dispute.

§ 64.12. Due date for payment.

 The due date for payment of a monthly bill, whether it be a paper bill or an electronic bill generated instead of a paper bill, shall be at least 20 days from the date of mailing by the LEC to the customer.

 (1) Extension of due date to next business day. If the last day for payment falls on a Saturday, Sunday or bank holiday or another day when the offices of the LEC which regularly receive payments are not open to the general public, the due date shall be extended to the next business day.

 (2) Date of payment by mail. For a remittance by mail, one of the following applies:

 (i) Payment shall be deemed to have been made on the date of the postmark.

 (ii) The LEC may not impose a late payment charge unless payment is received more than 5 days after the due date.

 (iii) The LEC may not mail or deliver notice of suspension until at least 5 days after the stated due date.

 (3) Date of payment to branch office or authorized payment agent. The effective date of payment to a branch office or authorized payment agent is the date of actual payment at that location.

 (4) Multiple notifications. When a LEC advises a customer by multiple notices or contacts and they contain different due dates, the date on or before which payment is due shall be the latest date contained in the notices listed in this section.

§ 64.13. Billing frequency.

 [An] A LEC shall render either a paper bill or shall generate an electronic billing instead of paper bills once every billing period to customers in accordance with approved rate schedules.

§ 64.14. Billing information.

 (a) Every bill rendered must [state clearly] clearly state the following information:

 (1) The date of the bill.

 (2) The due date on or before which payment shall be received to avoid an account being considered delinquent.

 (3) The beginning and ending dates of the billing period for service, excluding toll usage and equipment.

 (4) The amount due for basic service, nonbasic service, and taxes and applicable surcharges, during the current billing period.

 (5) An itemized statement of toll charges listing the date, time, destination, duration and rate period for each toll call unless the customer subscribes to an unlimited toll service plan or toll service is included as part of the customer's bundled service package.

 (6) The amounts for security deposits owed by or credited to existing customers. This amount shall be separately stated on each bill if a security deposit remains unpaid.

 (7) The total amount of payments and other credits made to the account during the current billing period.

 (8) The amount of late payment charges.

 (9) The total amount due.

 (10) A statement directing the customer to register a question or complaint about the bill prior to the due date, with the address and telephone number where the customer may direct questions or complaints.

 (11) A statement that a rate schedule, an explanation of how to verify the accuracy of a bill, and an explanation of the various charges, if applicable, can be obtained by contacting the business office of the LEC.

 (b) [At least annually, and upon request of the customer, the LEC shall provide an itemization of all service equipment and other recurring charges] (Reserved).

 (c) Upon request for new or additional services, the LEC shall inform the customer of the monthly recurring charge for service and each item of equipment ordered by the customer and shall provide a minimum and maximum estimate of applicable nonrecurring charges. The LEC shall maintain a record of the estimates given for 90 days or approximately 3 billing cycles. The LEC shall have available a printed explanation of alternative rates and services.

 (d) [Every final bill must contain a statement that a subsequent bill will be rendered if needed to collect charges, such as additional tolls or lost equipment.] (Reserved).

§ 64.15. [Advance payments] (Reserved).

 [Payment may be required before furnishing any of the following services:

 (1) The construction of facilities and furnishing of special equipment.

 (2) Temporary service for short-term use.]

§ 64.22. [Billing service for interexchange carriers] (Reserved).

 [A LEC may provide billing services for interexchange carriers when the LEC applies its deposit rules.]

Subchapter C. CREDIT AND DEPOSIT STANDARDS POLICY

§ 64.34. Written procedures.

 Each LEC shall establish written procedures for [dtermining] determining the credit status of an applicant. Each LEC [employe] employee, agent or independent contractor processing applications or determining the credit status of an applicant shall be familiar with and have ready access to a copy of the written procedures of the LEC. A copy of the procedures shall be maintained on file in each business office of the LEC and be made available, upon request, for inspection by the public and the Commission.

 (1) Informing applicants of procedures. The LEC personnel shall provide an explanation of applicable credit and deposit procedures to each customer or applicant for service.

 (2) Reasons for deposit request. If a deposit or payment of an outstanding residential account is required before furnishing service, the LEC shall inform the applicant in writing of the reasons for denial of credit and how to obtain service. Existing customers will be informed of the reasons for denial of credit before suspension of service.

§ 64.35. Deposit requirements for existing customers.

 Deposits may be required to secure the account of an existing customer if any of the following conditions exist:

 (1) Delinquent account. A customer has made payment of two consecutive bills, or of more than two bills within the [proceding] preceding 12 months, after the payment due date. Before requesting a deposit under this paragraph, the LEC shall give the customer written notification of its intent to request a deposit if current and future bills continue to be paid after the due date.

 (i) Notification shall clearly indicate that a deposit is not required at this time but that, if bills continue to be paid after the due date, a deposit will be required.

 (ii) Notification may be mailed or delivered to the customer together with a bill for [telephone] telecommunications service.

 (iii) Notification shall set forth the address and telephone number of the LEC office where complaints or questions may be registered.

 (iv) The subsequent request for deposit shall clearly indicate that a customer should register a question or complaint about that matter prior to the date the deposit is due in order to avoid having service suspended pending resolution of a dispute. The request shall include the telephone number of the LEC office where questions or complaints may be registered.

 (2) Condition to the reconnection of service. A LEC may require a deposit as a condition for reconnection of service after suspension or termination of service for nonpayment.

 (3) Failure to comply with payment agreement. A LEC may require a deposit when a customer fails to comply with the terms and conditions of a payment agreement, whether or not service has been suspended or terminated.

§ 64.36. Method of making deposit.

 [An] A LEC's request for deposit may be satisfied by one of the following:

 (1) Posting a cash deposit. The following conditions apply:

 (i) Applicants. The amount of cash deposit required from an applicant may not exceed the estimated average 2-month bill for basic service plus the average 2-month toll charges for existing residential customers in the applicant's exchange during the immediately preceding 12-month period. Deposits may be adjusted to maintain a level equal to the estimated average 2-month bill. No more than one half of the deposit amount may be required prior to the providing of service by the utility with the balance of the deposit due no less than 30 days from the initial deposit payment.

 (ii) Existing customers. The amount of a cash deposit required from an existing customer may not exceed the customer's average 2-month bill, including toll charges, during the preceding 12-month period. Deposits may be adjusted to maintain a level equal to the average 2-month bill. The deposit shall be paid within 20 days of the request for deposit.

 (2) Furnishing a written third-party guarantee. Another customer who has met or can meet the credit standards of § 64.32 (relating to credit standards) may furnish a written guarantee to secure payment in an amount equal to the cash deposit required from the applicant or customer. The guarantor shall be discharged when the applicant or customer meets the terms and conditions of § 64.37 (relating to refund of deposits).

§ 64.37. Refund of deposits.

 [An] A LEC shall refund the cash deposit, plus accrued interest, under the following conditions.

 (1) Termination or permanent discontinuance of service. Upon termination or discontinuance of service, the LEC shall apply the deposit of a customer, including accrued interest, to the outstanding balance and refund the remainder to the customer. A transfer of service from one location to another within the service area may not be deemed a discontinuance within the meaning of this paragraph.

 (2) Credit established. At the customer's request, when a customer establishes credit under § 64.32 (relating to credit standards), the LEC shall refund the cash deposit plus accrued interest.

 (3) Prompt payment of bills. After a customer has paid bills for service for 12 consecutive months without having service suspended or terminated and without having paid bills subsequent to the due date on more than two occasions, the LEC shall refund the cash deposit, plus accrued interest, so long as the customer is not currently delinquent.

 (4) Optional refund. At the option of the LEC, a cash deposit, including accrued interest, may be refunded, in whole or in part, at any time before the expiration of the time period stated in paragraph (3).

§ 64.38. Application of deposit to bills.

 The customer may elect to have a deposit applied to reduce bills for [telephone] telecommunications service instead of a cash refund.

Subchapter E. SUSPENSION OF SERVICE

GROUNDS FOR SUSPENSION

§ 64.61. Authorized suspension of service.

 [Telephone] Telecommunications service to a dwelling may be suspended for any of the following reasons:

*  *  *  *  *

 (6) Fraud or material misrepresentation of identity to obtain [telephone] telecommunications service.

*  *  *  *  *

 (8) Unpaid indebtedness for [telephone] telecommunications service previously furnished by the LEC in the name of the customer within 4 years of the date the bill is rendered.

NOTICE PROCEDURES PRIOR TO SUSPENSION

§ 64.73. Notice when dispute pending.

 (a) A LEC shall not mail or deliver a notice of suspension if a notice of dispute, as defined in § 64.2 (relating to definitions), has been filed and is unresolved and if the subject matter of the dispute forms the grounds for the proposed suspension [except where toll usage exceeds the following usage in a billing period after the filing of the notice of dispute or informal complaint:

 (1) For customers who have received service for 3 months or less—150% of the average use of the customer's exchange during the previous 12 months.

 (2) For customers who have received service for greater than 3 months but less than 12 months—150% of the customer's average use.

 (3) For customers who have received service for more than 12 months—150% of the customer's average use during the previous 12 months] for customers who have received service for more than 12 months—150% of the customer's average use during the previous 12 months.

 (b) A notice mailed or delivered contrary to the requirements of this section shall be void.

§ 64.74. Procedures upon customer contact before suspension.

 (a) If, at a time after the issuance of the suspension notice and before the suspension of service, a customer contacts the LEC concerning the proposed suspension, an authorized LEC employee shall fully explain, when applicable, the following:

 (1) The reasons for the proposed suspension.

 (2) The available methods of avoiding a suspension including:

 (i) Tendering the past due amount as specified on the suspension notice or otherwise eliminating the grounds for suspension.

 (ii) Entering a payment agreement.

 (iii) The right of the customer to file a dispute with the [telephone] telecommunications company and, thereafter, an informal complaint with the Commission.

 (3) The procedures for resolving disputes relating to charges on the notice [other than IXC toll charges] and the procedures for filing informal complaints to request payment terms on the basic service portion of the account, including the address and the telephone number of the nearest regional Commission office.

 (4) The duty of the customer to pay a portion of a bill not honestly disputed.

 [(5) The duty of the customer to restrict toll usage to 150% of average normal toll usage.

 (6)] (5) The medical emergency procedures.

 [(7)] (6) That upon failure to timely appeal from or comply with a [telephone] telecommunications company report, as defined in § 64.142 (relating to contents of written summary by the LEC), an informal complaint report, or an order from a formal complaint—the LEC is not required to give further written notice before suspension so long as the LEC makes a reasonable attempt to contact the customer personally at least 24 hours prior to suspension.

EMERGENCY PROVISIONS

§ 64.103. Medical certification.

 Certifications initially may be written or oral, subject to the right of the LEC to verify the certification by calling the physician or to require written confirmation within 7 days. All certifications, whether written or oral, shall include all of the following information.

 (1) The name, address and telephone number of the customer in whose name the account is registered.

*  *  *  *  *

 (5) The specific reason why access to [telephone] telecommunications service must be maintained.

Subchapter G. DISPUTES; INFORMAL AND FORMAL COMPLAINTS

INFORMAL COMPLAINT PROCEDURES

§ 64.153. Commission informal complaint proce- dures.

 (a) The timely filing of an informal complaint acts as a limited stay and the LEC may not suspend or terminate service based on the complaining party's nonpayment of any billed amount which is contested in the informal complaint until the complaint is resolved. The LEC may not suspend or terminate service based on the complaining party's nonpayment of additional billed amounts that reflect the same underlying problem, other than a claimed inability to pay, as the billed amounts contested in the informal complaint. This limited stay does not prevent the LEC from suspending or terminating service based on the complaining party's nonpayment of other billed amounts, where the suspension or termination is otherwise permitted under this chapter.

 (a.1) Upon the filing of an informal complaint customer related to a billing dispute, the Bureau of Consumer Services of the Commission can seek to immediately and contemporaneously transfer the customer to a public utility for resolution to address the complaint in the following manner:

 (1) The transfer will occur with the customer's explicit consent.

 (2) The transfer will be made to a live public utility operator or customer service representative.

 (3) The public utility shall maintain a dedicated toll-free telephone number for the automatic customer transfer process.

 (4) In the event that the customer complaint cannot be resolved, it will be referred back to the Bureau of Consumer Services of the Commission for resolution in accordance with the provisions of subsection (b).

 (5) The Bureau of Consumer Services of the Commission and participating public utilities may establish automated electronic communication links, electronic data interfaces, or appropriate web page access, for the exchange of information and data in the automatic customer transfer. These links shall be used only by authorized Commission and public utility personnel and shall safeguard the customer's personal data and billing information from public disclosure.

 (b) [Upon the filing of an] If the customer declines to participate in the automatic transfer process outlined in subsection (a.1), the informal complaint[, which] shall be docketed as ''(complainant) v. (company)[,]'' and Commission staff will immediately notify the utility, review the dispute, and, within a reasonable period of time, issue to the utility and the complaining party an informal report with findings and a decision. The reports shall be in writing and a summary will be sent to the parties if a party requests it or if the Commission staff finds that a summary is necessary.

 (1) Review techniques. Review shall be by appropriate means, including LEC written summaries, telephone calls, conferences, written statements, research, inquiry and investigation. Procedures shall be designed to insure a fair and reasonable opportunity to present pertinent evidence and to challenge evidence submitted by the other party to the dispute. Information and documents requested by Commission staff as part of the review process shall be provided by the LEC within 30 days of the request.

 (2) Settlement. Before the issuance of its report, Commission staff may negotiate with the parties in an attempt to settle the matters in dispute.

 (c) Commission staff resolution of informal complaints is binding upon the parties unless formal proceedings are initiated under Chapter 5 (relating to formal proceedings).

 (d) Subsection (b) supersedes § 3.112 (relating to action on informal complaints).

Subchapter H. RESTORATION OF SERVICE

§ 64.181. Restoration of service after suspension.

 If service has been suspended, the LEC shall reconnect service by the end of the first full working day after the customer has complied with or provided adequate assurance of compliance with an applicable provision of Subchapter C (relating to credit and deposit standards policy) and one of the following:

 (1) Full payment of outstanding charges plus the reconnection fee listed in the LEC's lawful tariff, pricing guide or similar document. The payment may not exceed the total of applicable rates and reconnection fees specified in the LEC's tariff, pricing guide or similar document. Payment of outstanding charges and the reconnection fee may be spread out over a reasonable period. Factors to be taken into account include the size of the unpaid balance, the payment history of the ratepayer and the length of time over which the bill accumulated.

 (2) Payment of amounts currently due according to a payment agreement, plus a reconnection fee, which may be a part of the settlement or payment agreement.

 (3) Payment of an amount deemed appropriate by Commission staff upon its review of an informal complaint.

 (4) Adequate assurances that unauthorized use or practice will cease, plus full payment of the reconnection fee of the LEC, which reconnection fee may be subject to a payment agreement.

§ 64.182. [Restoration of service after termination] (Reserved).

 [When service has been terminated, the customer shall reapply for service as an applicant.]

Subchapter I. PUBLIC INFORMATION;
RECORD MAINTENANCE

§ 64.191. Public information.

 (a) LEC service representatives shall provide applicants who apply for residential [telephone] telecommunications service in person with a concise, easy-to-understand printed price list showing all available service and equipment options. The price of the least expensive single-party basic service option shall be clearly and conspicuously displayed on the list.

*  *  *  *  *

 (d) The LEC service representative shall inform applicants when services discussed are optional and shall include the price with the description of each optional service.

 [(e) The explanations of toll presubscription, whether interLATA, intraLATA, or both, shall be objective and unbiased.

 (f)] (e) The LEC service representative shall inform each applicant that they will be sent a confirmation letter, which will include:

 (1) An itemization of the services ordered.

 (2) The price of each service ordered.

 (3) Identification of the services that are optional.

 (4) Information instructing the applicant that a more thorough explanation and price list of services of interest to residential customers, and instructions on how to obtain the information, may be found in the telephone directory, when applicable.

 [(g)] (f) In addition to the notice requirements set forth in this chapter, [before July 1, 1985,] each LEC shall prepare a summary of the rights and responsibilities of the LEC and its customers under this chapter. This written information shall be subject to Commission review and approval and shall be reproduced by the LEC, displayed prominently, available at LEC locations open to the general public, printed in each telephone directory, and made available to each new customer and shall be available thereafter only upon request. [Thereafter, the information shall be delivered or mailed to each new customer when service begins and shall be available at all times upon request.] The written information shall indicate conspicuously that it is being provided in accordance with this chapter and shall contain information including, but not limited to, the following:

 (1) Billing procedures.

 (2) Methods of customer verification of billing accuracy.

 (3) Payment requirements and procedures.

 (4) Security deposit and guarantee requirements.

 (5) Procedures for suspension, termination and reconnection of service.

 (6) Dispute, informal complaint and formal complaint procedures.

 (7) Third-party notification procedures.

 (8) Telephone numbers and addresses of the LEC and of the nearest Regional Office of the Commission where further inquiries may be made.

 (9) Definitions of terms or abbreviations used by the [telephone] telecommunications company on its bills.

Subchapter J. ANNUAL LEC REPORTING REQUIREMENTS

§ 64.201. Reporting requirements.

 (a) Annual report. Within 90 days after the end of each calendar year, each LEC with residential accounts shall file with the Commission an annual report containing residential account information as listed in subsection (b) for the previous calendar year.

 (b) Elements of periodic reporting. The following must be included in periodic reporting as required under this section:

 (1) The average number of residential accounts per month.

 (2) The average residential customer bill per month for [each of the following:

 (i) Basic service.

 (ii) Nonbasic service.

 (iii) Toll service.

 (iv) Total amount due ((i) + (ii) + (iii))] basic service.

 (3) The average number of overdue residential accounts per month.

 (4) The average overdue residential customer bill per month for [:

 (i) Basic service.

 (ii) Nonbasic service.

 (iii) Toll service.

 (iv) Total amount overdue ((i) + (ii) + (iii))] basic service.

 (5) The average number of residential basic service suspension notices sent per month.

 (6) The average number of residential basic service suspensions per month.

 (7) The average number of residential basic service terminations per month.

 (8) LEC gross revenue from all residential accounts [separated as follows:

 (i) Basic service.

 (ii) Nonbasic service.

 (iii) Toll service.

 (iv) Total revenue ((i) + (ii) + (iii))] for basic service.

 (9) LEC gross write-offs of uncollectible residential accounts [separated as follows:

 (i) Basic service.

 (ii) Nonbasic service.

 (iii) Toll service.

 (iv) Total gross write-offs ((i) + (ii) + (iii))] for basic service.

 (10) LEC net write-offs of uncollectible residential accounts [separated as follows:

 (i) Basic service.

 (ii) Nonbasic service.

 (iii) Toll service.

 (iv) Total net write-offs ((i) + (ii) + (iii))] for basic service.

 [(11) The total number of Chapter 64 disputes handled.]

Subchapter K. GENERAL PROVISIONS

 § 64.211. [Availability of normal Commission procedures] (Reserved).

 [Nothing in this chapter will be deemed to prevent a customer of a LEC from pursuing other Commission procedures in a case not described in this chapter.]

[Pa.B. Doc. No. 21-564. Filed for public inspection April 9, 2021, 9:00 a.m.]

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