[52 Pa.B. 5049]
[Saturday, August 13, 2022]
[Continued from previous Web Page]
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart C. FIXED SERVICE UTILITIES
CHAPTER 53. TARIFFS FOR NONCOMMON CARRIERS
TARIFF FILING REQUIREMENTS FOR A
LOCAL EXCHANGE TELECOMMUNICATION COMPANY AND A COMPETITIVE TELECOMMUNICATIONS CARRIER§ 53.57. Definitions.
The following words and terms, when used in this section and §§ 53.58—53.60, have the following meanings, unless the context clearly indicates otherwise:
Bundled service package—
(i) A package, which includes noncompetitive or protected and competitive services, including services of an affiliate, in combinations and at a single rate or charge that is offered and billed on one bill by a competitive telecommunications carrier or a local exchange telecommunications company.
(ii) The term does not include a local exchange telecommunications company or competitive telecommunications carrier tariff filing that involves simultaneous changes in rates and charges for noncompetitive services in a revenue neutral manner.
CTC—Competitive telecommunications carrier—An entity that provides telecommunications services subject to the jurisdiction of the Commission and in competition with a local exchange telecommunications company.
Competitive service—As defined in 66 Pa.C.S. § 3012 (relating to definitions).
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 protected, retail nonprotected and retail noncompetitive telecommunications services have been declared or determined to be competitive by the Commission under 66 Pa.C.S. § 3016 (relating to competitive services).
Enterprise and large business customer—A legal entity including, but not limited to, corporations, partnerships, limited liability companies, hospitals, schools, government agencies and correctional institutions with an annual total billed revenue equal to or greater than $80,000 for telecommunications services.
LETC—Local exchange telecommunications company—A telecommunications service provider as defined in 66 Pa.C.S. § 3012 (relating to definitions).
Lifeline plan—A tariffed service offering, approved by the Commission, which provides telecommunications services to qualified low-income end-user consumers at reduced rates and charges in accordance with applicable State or Federal law or regulations.
New service—A service or business activity that is not substantially the same or functionally equivalent with existing competitive or noncompetitive services.
Noncompetitive service—As defined in 66 Pa.C.S. § 3012.
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 offers protected, retail nonprotected and retail noncompetitive telecommunications services as defined by 66 Pa.C.S. § 3012.
Nonprotected service—As defined in 66 Pa.C.S. § 3012.
Price list—A document that shall contain the prices or rates of retail competitive services or products. The price list may be set forth in the product guide or similar document of the local exchange telecommunications company or competitive telecommunications carrier.
Product guide—A document that shall contain the description, terms, conditions and prices of retail competitive services or products.
Promotional service offerings—A service or business activity offered by a competitive telecommunications carrier or local exchange telecommunications company at rates, terms and conditions that are designed to promote usage and available for a duration of no longer than 6 months in any rolling 12-month period.
Protected service—As defined in 66 Pa.C.S. § 3012.
§ 53.58. Offering of competitive services.
(a) Only a local exchange telecommunication company may obtain a competitive services classification for its retail protected, retail noncompetitive and retail nonprotected services under the relevant provisions of 66 Pa.C.S. § 3016 (relating to competitive services). The competitive classification that a local exchange telecommunications company obtains for its retail services under 66 Pa.C.S. § 3016(a) or (b) shall become applicable to the substantially similar or functionally equivalent retail service of the competitive telecommunications carrier operating in the same geographic region as the local exchange telecommunications company.
(b) [Reserved].
(c) [Reserved].
(d) A local exchange telecommunication company and a competitive telecommunications carrier shall:
(1) Maintain on its web site a price list for its retail competitive telecommunications services or a product guide or similar document setting forth the rates, terms and conditions of its retail competitive telecommunications services.
(2) File with the Commission and maintain on its web site a price list for its competitive standalone basic residential voice service.
(3) Maintain on its web site an archive of outdated rates, terms and conditions for its retail competitive telecommunications services that were available in its price list, product guide or similar document for a period of 4 years from their posting, and shall provide both current and archived documents to the Commission upon reasonable request.
(e) A party seeking the reclassification of a retail telecommunications service or other business activity that has been designated as a competitive service under 66 Pa.C.S. § 3016 shall file a petition as directed in 66 Pa.C.S. § 3016(c). The Commission will use the factors set forth in 66 Pa.C.S. § 3016(c)(3) to make its determination of whether reclassification of the competitive service to a noncompetitive service is warranted. A reclassification determination of a competitive service shall be applicable to both the local exchange telecommunications company and a competitive telecommunications carrier that is offering a substantially similar or functionally equivalent service in the same geographic area.
(f) A local exchange telecommunications company may declare as competitive the retail nonprotected and retail noncompetitive telecommunications services it offers to enterprise and large business customers, as defined in § 53.57 (relating to definitions), that are located in its certificated service territory.
§ 53.59. Cost support requirements and effective filing dates for tariff filings of noncompetitive services.
(a) [Reserved].
(b) [Reserved].
(c) [Reserved].
(d) [Reserved].
(e) [Reserved].
(f) [Reserved].
(g) [Reserved].
(h) [Reserved].
(i) Ministerial administrative changes. A local exchange telecommunications company or a competitive telecommunications carrier tariff filing that represents only ministerial administrative revisions to a noncompetitive service shall be effective on 1-day's notice.
(j) A noncompetitive and new noncompetitive service of a local exchange telecommunications company. A retail service that a local exchange telecommunications company offers to the public that has not been classified as a competitive service under 66 Pa.C.S. § 3016 (relating to competitive services) or § 53.58(b) (relating to offering of competitive services) is classified as a noncompetitive service. The local exchange telecommunications company shall maintain a tariff on file with the Commission for all of its retail noncompetitive services.
(k) Local exchange telecommunications company rate changes to a noncompetitive service. Unless a local exchange telecommunications company's rates change for its noncompetitive services are governed by its approved alternative regulation and network modernization plan, the following apply to the rates for its retail noncompetitive services:
(1) Rate reduction. A local exchange telecommunications company's tariff filing for noncompetitive services that sets forth rates that are lower than the current rates and charges for the local exchange telecommunications company's retail noncompetitive services shall become effective on 1-day's notice.
(2) Rate increase. A local exchange telecommunications company's tariff filing for noncompetitive services that represents rate increases from the current rates and charges of the local exchange telecommunications company retail noncompetitive services shall become effective on 30-day's notice.
(3) New service. Local exchange telecommunications company tariff filings for new retail noncompetitive services shall become effective on 30-day's notice.
(4) Review. The Commission may extend the review period in this subsection by up to an additional 30 days upon notice to the Office of Consumer Advocate, the Office of Small Business Advocate, the Commission's Bureau of Investigation and Enforcement and the affected local exchange telecommunications company.
(l) Noncompetitive service of a competitive telecommunications carrier. A competitive telecommunications carrier may offer new retail noncompetitive services that are substantially similar or functionally equivalent to the noncompetitive services of a local exchange telecommunications company in the service territory of the local exchange telecommunications company once the competitive telecommunications carrier has received provisional authority or has been certificated by the commission to offer jurisdictional telecommunications utility service in that particular geographic area.
(m) Noncompetitive service of a competitive telecommunications carrier priced at or below the rates of a local exchange telecommunications company.
(1) A tariff filing of a competitive telecommunications carrier that sets forth a rate or charge for a retail noncompetitive service that is at or below the level of the corresponding rate and charge of the local exchange telecommunications company's substantially similar or functionally equivalent retail noncompetitive service shall be effective on 1-day's notice and does not require the competitive telecommunications carrier to provide cost support.
(2) The tariff filing shall be effective on 1-day's notice and not require cost support only if the following apply:
(i) The competitive telecommunications carrier offers the substantially similar or functionally equivalent retail noncompetitive service in the same service territory as the local exchange telecommunications company.
(ii) The competitive telecommunications carrier's tariff filing does not contain any material changes in the competitive telecommunications carrier's tariff rules, terms or conditions.
(iii) The competitive telecommunications carrier specifically states in its accompanying cover letter that the filing is being made on 1-day's notice in accordance with this subsection, and that the tariff filing does not contain material changes in the competitive telecommunications carrier's tariff rules, terms or conditions.
(iv) The competitive telecommunications carrier provides copies of the local exchange telecommunications company's effective tariffs designating the corresponding rates and charges of the same or functionally equivalent retail noncompetitive services.
(3) When a competitive telecommunications carrier offers substantially similar or functionally equivalent retail noncompetitive services in the service territories of more than one local exchange telecommunication company, and the rates and charges for its noncompetitive services correspond to the rates and charges of the different local exchange telecommunications companies in their respective service territories, the competitive telecommunications carrier may file separate tariff schedules for its retail noncompetitive services.
(n) Noncompetitive service of a competitive telecommunications carrier that is priced above the rates of a local exchange telecommunications company's noncompetitive or new service.
(1) A competitive telecommunications carrier tariff filing that sets forth rates and charges for a retail noncompetitive service that is higher than the corresponding rates and charges of a local exchange telecommunications company's substantially similar or functionally equivalent noncompetitive service shall become effective on 30-day's notice.
(2) The Commission may require a competitive telecommunications carrier to submit relevant documentary support including cost support and a statement of compliance with applicable guidelines upon request for any tariff filing that sets forth rates and charges for a retail noncompetitive service that is higher than the corresponding rates and charges of a local exchange telecommunications company's substantially similar or functionally equivalent noncompetitive service. The Commission may request this documentation either before or after the higher rate becomes effective, but only when it is necessary to protect consumers such as, without limitation, when the service is targeted to the economically disadvantaged or customers with poor credit histories.
(3) The competitive telecommunications carrier shall include the following summary documentation for the tariff filing setting forth the higher rate for its retail noncompetitive service as described in § 53.59(n)(1):
(i) A brief statement indicating whether the competitive telecommunications carrier offers these services solely on the basis of resale of a local exchange telecommunications company's retail services, through its own facilities, or a combination of both.
(ii) A brief statement indicating whether the tariff filing represents an increase or decrease in existing rates and charges.
(iii) A summary justification of the tariff filing, including an explanation of whether the proposed changes have been caused by a corresponding change in rates and charges of the resold services of the underlying local exchange telecommunications company.
(4) The Commission may extend the review period in this subsection by up to an additional 30 days upon notice to the office of consumer advocate, the office of small business advocate, the Commission's Bureau of Investigation and Enforcement and the affected local exchange telecommunications company.
(o) Notice. The tariff filings made pursuant to this subsection shall be served on the office of consumer advocate, the office of small business advocate and the Commission's Bureau of Investigation and Enforcement on the date the tariff or tariff supplement is filed with the Secretary's Bureau.
(p) Documentary support. Nothing in this subsection affects the type of documentary support, including cost support and a statement of compliance with all applicable regulations, that will be necessary for a local exchange telecommunications company or a competitive telecommunications carrier to file with the Commission for approval of tariff filings involving noncompetitive service offerings.
(q) Lifeline plan statement. When a competitive telecommunications carrier proposes increases in rates and charges for any of its basic local exchange services, the competitive telecommunications carrier shall also state whether it has implemented a lifeline plan that has been approved by the Commission.
§ 53.60. Promotional offerings and bundled service packages.
(a) Promotional offerings. Competitive telecommunications carriers and local exchange telecommunication companies are not required to provide cost support for tariff filings involving a promotional service offering for noncompetitive services so long as the promotional offering does not result in any type of price increase to customers unless requested by the Commission.
(1) A local exchange telecommunications company and competitive telecommunications carrier tariff filings involving a promotional service offering for noncompetitive services will become effective on 1-day's notice. Local exchange telecommunications companies and competitive telecommunications carriers shall provide a 10-day advance notice to any resellers that purchase the promotional service offering from the local exchange telecommunications company or competitive telecommunications carrier making the tariff filing.
(2) [Reserved].
(3) Competitive telecommunications carriers and local exchange telecommunications companies that file promotional service offerings for noncompetitive services under this subsection shall confirm in their filing that subscribers to the promotional service offerings will be required to respond affirmatively at any time the promotional service is being offered if they wish to continue the service beyond the promotional period.
* * * * * (b) Bundled service packages. Local exchange telecommunications companies and competitive telecommunications carriers are relieved from an obligation to provide cost support for tariff filings involving bundled service packages unless cost support documentation is requested by the Commission.
(1) When a local exchange telecommunications company's or competitive telecommunications carrier's bundled service packages include both competitive and noncompetitive services, these bundled service packages shall meet any applicable State law or regulation regarding cost justification, the prohibition from using revenues earned or expenses incurred in conjunction with noncompetitive services to subsidize competitive services and the standards regarding discrimination and unfair pricing.
(2) [Reserved].
(3) No filing requirements exist in this subpart for a local exchange telecommunications company's or competitive telecommunications carrier's bundled service packages composed entirely of competitive services.
(c) [Reserved].
CHAPTER 63. TELECOMMUNICATIONS SERVICE
Subchapter A. GENERAL PROVISIONS § 63.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Applicant—A person, association, partnership, corporation or government agency making a written or oral request for the commencement of or changes in its public utility service.
Application—A written or oral request to a jurisdictional telecommunications public utility for the commencement of or changes in utility service.
Automatic customer transfer—The process through which the Commission's Bureau of Consumer Services is able to immediately and contemporaneously transfer a customer inquiry or service or billing complaint to a jurisdictional telecommunications public utility that has voluntarily elected to participate in such an arrangement.
Busy hour—The continuous 1-hour period of the day during which the volume of traffic is greater than during another continuous 1-hour period of the same day.
Busy season—The calendar month or 30-day period of the year during which the greatest volume of traffic is handled in the office.
Calls—A customer telecommunications message attempted.
Central office—An operating unit equipped with switching apparatus by means of which telephonic communication is established between telephones connected to it or by the additional aid of trunk lines between the telephones and telephones connected to other central offices.
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 protected, retail nonprotected and retail noncompetitive telecommunications services have been declared or determined to be competitive by the Commission under 66 Pa.C.S. § 3016 (relating to competitive services).
Customer—A person, association, partnership, corporation or government agency provided with telecommunications service by a regulated public utility.
Exchange—A unit established by a jurisdictional telecommunications public utility for the administration of communication services under its specific local exchange service tariff provisions consisting of one or more central offices with associated plant facilities used in furnishing services and having one point designated for the purpose of rating toll calls for customers.
Jurisdictional telecommunications public utility—A person or corporation owning or operating equipment or facilities in this Commonwealth for conveying or transmitting messages or communications to the public for compensation. The term does not include either a person or corporation not otherwise a public utility who or which furnishes service only to himself or itself or a bona fide cooperative association which furnishes services only to its stockholders or members on a nonprofit basis.
Local service area—The area within which customers may call without assessment of toll charges.
Message—A completed customer or user call.
Message unit—A unit of measurement used for a form of exchange service under which originated messages are measured and charged for in accordance with the local exchange tariff.
Metering—The metering of data concerning a customer's calls which is used in preparation of the customer's bill for service which is made by operators, automatic message accounting, message registers or other acceptable data recorder methods.
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 offers retail protected, nonprotected and noncompetitive telecommunications services as defined by 66 Pa.C.S. § 3012 (relating to definitions).
Nonprimary service order—An application for simple residential or business, voice grade, public utility service which is not primary service.
Primary service order—An application for simple residential or business, voice grade, telecommunications utility service to be provided at a customer location which does not have telecommunications utility service including, but not limited to, the initial connection of a new customer or the transfer of utility service of an existing customer's service to a new location.
Subscriber—A person, firm or corporation designated on public utility records as the party responsible for payment of bills for telecommunications service.
Surveillance level—A measurement of telecommunications service which indicates a need for the public utility to investigate the cause of the problem, to remedy the problem and to inform the Commission of the problem.
Trouble report—A written or oral report delivered to an authorized public utility representative by a customer or user of public utility services which relates to a defect, difficulty or dissatisfaction with the public utility's regulated service.
Trunk—A communication channel between central offices, switching units or private branch exchanges.
Working day—A day except Saturday, Sunday or legal holiday.
Subchapter B. SERVICE AND FACILITIES § 63.12. [Reserved].
§ 63.13. [Reserved].
§ 63.14. Emergency equipment and personnel.
(a) A jurisdictional telecommunications public utility shall take reasonable measures to ensure the continuous operation of its telecommunications service in all geographic areas and this continuous functionality of its telecommunication infrastructure will also allow for robust communication and information sharing across all levels of government, within communities, and between public and private organizations during emergencies such as fire, illness of personnel, sudden increase in traffic or loss of power due to extreme weather events and disasters caused by natural hazards.
(b) The jurisdictional telecommunications public utility shall maintain qualified personnel for emergency operating and repair work and have reserve equipment or a portable power supply that will give it the reasonable capability to maintain power at its central office so that it has the ability to remain functional during the emergency situation.
§ 63.15. Complaint procedures.
(a) [Reserved].
(a.1) Customer service complaints. The Commission's Bureau of Consumer Services shall process service complaints received from consumers in the following manner:
(1) Automatic customer transfer. Upon the receipt of a service-related complaint from a customer, the Commission's Bureau of Consumer Services may seek to immediately and contemporaneously transfer the customer to its jurisdictional telecommunications public utility for resolution to address the inquiry or service complaint in the following manner:
(i) The transfer will occur with the customer's explicit consent.
(ii) The transfer will be made to a live operator or customer service representative of the jurisdictional telecommunications public utility.
(iii) The jurisdictional telecommunications public utility shall maintain a dedicated toll-free telephone number for the automatic customer transfer process.
(iv) In the event that the customer's service complaint cannot be resolved, it will be referred back to the Commission's Bureau of Consumer Services for resolution in accordance with the provisions of subsection (c).
(v) The Commission's Bureau of Consumer Services 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 the jurisdictional telecommunications public utility's personnel shall safeguard the customer's personal data and billing information from public disclosure.
(2) Investigations. If the customer declines to participate in automatic customer transfer resolution process set forth in paragraph (1), the jurisdictional telecommunications public utility shall make a full and prompt investigation of the service complaints made to it through the Commission by its customers. Upon receiving a service complaint from a customer of a utility, the Commission will transmit a summary of the service complaint to the utility. If a service complaint is resolved, the utility may terminate the investigation by submitting or transmitting a copy of the service order which identified the action taken by the utility to resolve the service complaint. When complaints are referred to the jurisdictional telecommunications public utility through the Commission, the utility and the Commission shall work to process and resolve all complaints.
(b) Records of complaints. A jurisdictional telecommunications public utility shall preserve copies of written or recorded service complaints showing the name and address of the subscriber or complainant, the date and character of the complaint, the action taken and the date of final disposition. Records of complaints shall be kept in accordance with § 64.192 (relating to record maintenance).
(c) Commission review. If a customer or applicant expresses dissatisfaction with the jurisdictional telecommunications public utility's decision or explanation, the jurisdictional telecommunications public utility shall inform the customer or applicant of the right to have the problem considered and reviewed by the Commission and shall provide the name, address and telephone number of the appropriate Commission Bureau. This subsection shall be read in conjunction with §§ 64.141—64.181 when applicable to residential utility service.
§ 63.16. [Reserved].
§ 63.18. [Reserved].
§ 63.19. [Reserved].
§ 63.20. [Reserved].
§ 63.21. Directories.
(a) When a directory is provided by the jurisdictional telecommunications public utility, it must be revised and reissued at sufficiently frequent intervals to avoid serious inconvenience to the public. A satisfactory length for a directory period must be determined by the volume of changes and new listings and the facilities available for supplying new numbers to calling parties and for intercepting calls to numbers which have been changed.
(b) One copy of each new directory issue shall be furnished to the Commission by the issuing jurisdictional telecommunications public utility at the time of its distribution to subscribers. The jurisdictional telecommunications public utility shall furnish a new directory to customers and subscribers in the following manner:
(1) A jurisdictional telecommunications public utility shall include a bill message no less than once annually advising customers that paper copies of that market's or service area's affected directories are available upon request. The notice must provide customers with a toll-free number to call to obtain a paper directory at no cost and must include the jurisdictional telecommunications public utility's Internet address where customers can find the online directory. The jurisdictional telecommunications public utility also shall post the notice on its web site.
(2) A jurisdictional telecommunications public utility shall make paper directories or USB thumb drive directories available at no charge to customers in that market or service area on an ''upon request'' basis by calling a toll free number maintained by the public utility.
(3) Distribution of directories beyond an ''upon request'' basis shall be at the discretion of the jurisdictional telecommunications public utility.
(4) Requests for printed directories shall be treated as standing orders but may be reconfirmed by the jurisdictional telecommunications public utility every 2 years.
(5) Directories shall be made available online in digital format at a web site maintained by the jurisdictional telecommunications public utility.
(6) Printed, USB and online versions of directories must meet all regulatory form and content requirements of this section and § 64.191(g) (relating to public information).
(c) A directory shall contain the following:
(1) The name of the issuing jurisdictional telecommunications public utility.
(2) The month and year issued.
(3) A statement of the area covered by the directory.
(4) Necessary instructions to enable users to place calls efficiently, including, but not limited to, telephone company local, toll, emergency and operator-assistance calls. Necessary instructions to transact business with the telephone company, such as payment of bills, ordering changes in service and reporting service difficulties.
(5) A separate section containing social service organization, school and government listings.
* * * * * (e) Upon receiving a customer complaint alleging misleading, deceptive or confusing directory listings, a jurisdictional telecommunications public utility shall investigate the complaint under § 63.15 (relating to complaint procedures). If the utility determines that a directory listing is misleading, deceptive or confusing, the utility shall delete the listing from future directories. After reaching its decision the jurisdictional telecommunications public utility shall advise interested parties in writing of its opinion and shall inform them of the right to file a complaint with the Commission.
(f) The provisions of this section shall be in effect until January 1, 2026 whereupon directory distribution is no longer required.
§ 63.22. Service records.
(a) A public utility shall keep sufficient records to reflect the following:
(1) [Reserved].
(2) Service complaints and trouble reports.
(i) A jurisdictional telecommunications public utility shall provide for the receipt of trouble reports at all hours and make a full and prompt investigation of, and response to, complaints, with the exception of isolated outages beyond normal working hours affecting fewer than 15 customers in an exchange.
(ii) A jurisdictional telecommunications public utility shall maintain an accurate record of customer trouble reports which shall include:
(A) Identification of the customer affected.
(B) Service affected.
(C) Time, date and nature of the report.
(D) Results of investigation.
(E) Action taken to remedy the situation.
(F) Time and date of trouble clearance or other disposition.
(3) Service interruptions affecting 300 or more customers, including the date, cause, extent and duration of the interruption.
(4) [Reserved].
(b) [Reserved].
(c) [Reserved].
§ 63.23. Construction and maintenance safety standards for facilities.
Overhead and underground equipment or facilities and crossings of the wires or cables of every jurisdictional telecommunications public utility over or under the facilities of other public utilities, cooperative associations or electric utilities—including parallel or random installation of underground electric supply and communication conductors or cable—shall be constructed and maintained in accordance with the most recent Institute of Electrical and Electronics Engineers' (IEEE) National Electrical Safety Code, as amended and supplemented.
§ 63.24. [Reserved].
Subchapter C. ACCOUNTS AND RECORDS § 63.31. Classification of public utilities.
For accounting and reporting purposes, jurisdictional telecommunications public utilities are classified as follows:
(1) Class A. Telecommunications public utilities that are local exchange telecommunications companies subject to an alternative form of regulation, including, but not limited to, price cap formulas, under 66 Pa.C.S. Chapter 30 (relating to alternative form of regulation of telecommunications services).
(2) Class B. Telecommunications public utilities that are local exchange telecommunications companies subject to rate base/rate of return regulation or the Plan B Simplified Ratemaking Plan approved by the Commission under 66 Pa.C.S. Chapter 30.
(3) Class C. Telecommunications public utilities that provide competitive local telecommunications services and that are not the incumbent provider in any local exchange area within this Commonwealth.
§ 63.32. [Reserved].
§ 63.33. [Reserved].
§ 63.34. [Reserved].
§ 63.35. Preservation of records.
(a) [Reserved].
(b) Unless a different retention period is otherwise specifically addressed in this chapter, a telecommunications public utility shall be required to retain for eight years all of the following records:
(1) All records related to an audit conducted by the Commission under section 516 of the Public Utility Code, such as but not limited to financial and management audits.
(2) Records required for review under sections 505 and 506 of the Public Utility Code.
(3) Records required for those entities remaining subject to ratemaking provisions under Chapters 13 and 30 of the Public Utility Code.
Subchapter D. [Reserved] § 63.41. [Reserved].
Subchapter E. TELECOMMUNICATIONS
QUALITY SERVICE STANDARDS§ 63.51. [Reserved].
§ 63.52. [Reserved].
§ 63.53. General provisions.
(a) [Reserved].
(b) [Reserved].
(c) [Reserved].
(d) [Reserved].
(e) If unreasonable hardship to a jurisdictional telecommunications public utility results from compliance with this subchapter, the jurisdictional telecommunications public utility may file a petition in accordance with § 5.41 (relating to petitions generally) requesting the modification of the section or for temporary exemption from its requirements. The Commission may grant temporary exemptions of this subchapter in exceptional cases consistent with applicable statutory procedures. The jurisdictional telecommunications public utility shall provide notice to a person who may be affected by the modification or temporary exemption, if granted. Notice may be made by a bill insert or in another reasonable manner.
§ 63.54. Record retention.
(a) A jurisdictional telecommunications public utility shall retain for at least 90 days the information contained in customer bills and used by the public utility in compiling customer bills. Billing information on an account for which a dispute is pending shall be retained until the dispute has been finally resolved.
(b) A jurisdictional telecommunications public utility shall retain for at least a minimum 3-year period the service records related to all of the following:
(1) Call answering times under § 63.59 (relating to call answering measurements).
(2) Service complaints and trouble reports under § 63.22 (relating to service records).
(3) Surveillance level investigations under § 63.55 (relating to surveillance levels).
(4) Service outages under § 63.22 and § 63.57 (relating to customer trouble reports) of this chapter.
§ 63.55. Surveillance levels.
(a) On request from the Commission, a jurisdictional telecommunications public utility shall provide to the Commission a report detailing the results of any investigation into a failure to meet the quality of service standards set forth in Chapter 15 of the Public Utility Code, or violations of Subchapter E of Chapter 63 of the Commission's regulations, and any steps, studies and further action undertaken or commenced by the utility to determine the cause and to remedy the inadequate performance.
(b) [Reserved].
(c) [Reserved].
§ 63.56. [Reserved].
§ 63.57. Customer trouble reports.
(a) [Reserved].
(b) A jurisdictional telecommunications public utility shall respond to out-of-service trouble reports within 24 hours unless a different period of time is agreed to by the customer.
(c) A jurisdictional telecommunications public utility shall keep commitments made to its customers and applicants, unless timely notice of unavoidable changes is given to the customer or applicant or a reasonable attempt is made to convey the notice.
(d) If unusual repairs are required or other factors preclude the prompt clearing of reported trouble, reasonable efforts shall be made to notify affected customers.
(e) [Reserved].
(f) It shall be substandard performance for a jurisdictional telecommunications public utility to receive more than 5.5 customer trouble reports per 100 lines per month. A jurisdictional telecommunications public utility receiving greater than 5.5 customer trouble reports per 100 lines per month is subject to the reporting requirements set forth in § 63.55 (relating to surveillance levels).
§ 63.58. [Reserved].
§ 63.59. Call answering measurements.
A jurisdictional telecommunications public utility shall take measures necessary and keep sufficient call answering records to monitor answering times for calls as follows:
(1) The percent of calls answered at each jurisdictional telecommunications public utility's call center or business office, or both, within 30 seconds with the public utility representative ready to render assistance and to accept information necessary to process the call. An acknowledgment that the customer or applicant is waiting on the line does not constitute an answer. If the utility records data for more than one call center or business office, the utility should also record the combined percent of calls answered within 30 seconds for the public utility as a whole.
(2) The average busy-out rate for each call center or business office, or both. If the jurisdictional telecommunications public utility records data for more than one call center or business office, the utility should also record the combined busy-out rate for the utility as a whole.
(3) The call abandonment rate for each call center or business office, or both. If the jurisdictional telecommunications public utility records data for more than one call center or business office, the utility should also record the combined call abandonment rate for the utility as a whole.
§ 63.60. [Reserved].
§ 63.61. [Reserved].
§ 63.62. [Reserved].
§ 63.63. [Reserved].
§ 63.64. Metering inspections and tests.
(a) [Reserved].
(b) [Reserved].
(c) If a meter is used in connection with telecommunications service, it shall be read, where applicable, at monthly intervals. The meter reading records from which the customers' bills are prepared shall show all of the following:
(1) Identifying number or means to determine readily the customer's name, address and service classification.
(2) Meter readings.
(3) Date of meter reading.
(4) Multiplier or constant if used.
(d) [Reserved].
(e) A telecommunications meter and recording device shall be tested prior to installation or when released for service and at regular intervals, or both, either by the manufacturer, the public utility or an approved organization equipped for the testing. The utility shall comply with all of the following:
(1) A public utility furnishing service, if local exchange billing is based on the number or duration of messages, shall provide the necessary facilities, instruments and equipment for testing its metering or recording equipment.
(2) The overall accuracy of the test equipment and test procedure shall be sufficient to enable testing of meter and record equipment within the requirements of this chapter.
(3) A meter and recording device tested under this subchapter for routine or complaint shall be tested in its normal operating location and wiring mode prior to removal or adjustment.
(4) A record of meter and recording equipment tests and adjustments and data sufficient to allow checking of the results shall be recorded. The record shall include the identifying number of the meter and recording device, its type, the date and kind of test and the results of each test.
(f) A public utility shall perform periodic testing and maintenance of its controlling trunk equipment associated with the meters or recording devices, or both, to assure the integrity of their operation upon request or complaint.
(g) [Reserved].
(h) [Reserved].
§ 63.65. Safety.
A public utility shall adopt and implement a safety program fitted to the size and type of its operation and shall conform to the Occupational Safety and Health Act (OSHA) standards, 29 CFR Parts 1910—1999 as amended from time to time.
Subchapter F. [Reserved] § 63.71. [Reserved].
§ 63.72. [Reserved].
§ 63.72a. [Reserved].
§ 63.73. [Reserved].
§ 63.74. [Reserved].
§ 63.75. [Reserved].
§ 63.76. [Reserved].
§ 63.77. [Reserved].
Subchapter G. [Reserved] § 63.91. [Reserved].
§ 63.92. [Reserved].
§ 63.93. [Reserved].
§ 63.94. [Reserved].
§ 63.95. [Reserved].
§ 63.96. [Reserved].
§ 63.98. [Reserved].
Subchapter H. [Reserved] § 63.101. [Reserved].
§ 63.102. [Reserved].
§ 63.103. [Reserved].
§ 63.104. [Reserved].
§ 63.105. [Reserved].
§ 63.106. [Reserved].
§ 63.107. [Reserved].
§ 63.108. [Reserved].
§ 63.109. [Reserved].
Subchapter J. CONFIDENTIALITY OF CUSTOMER COMMUNICATIONS AND INFORMATION § 63.131. General provisions.
(a) [Reserved].
(b) A 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 telecommunications company or its authorized 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. Telecommunications companies and their employees, agents or independent contractors shall make every reasonable effort to avoid the unauthorized dissemination of customer information to the public. A telecommunications company, its employee, its affiliates or subsidiaries, or an agent or independent contractor that has entered into a contractual relationship with the telecommunications company and handles customer communications and customer information is subject to this subchapter.
(c) Nothing in this subchapter supersedes the Wiretap Act, or permits a 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 who is the principal in the contractual relationship with the agent.
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 telecommunications company of communications between the point of origin and the point of reception by a telecommunications company.
Customer information—Information regarding a customer of a 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.
Employee—An individual who works directly for and is paid a salary by a telecommunications company subject to this subchapter.
Independent contractor—An individual or entity that is not an employee or agent of the telecommunications company but performs work on behalf of a telecommunications company pursuant to a contractual relationship.
Security department—The department or individuals with responsibility for the prevention and investigation of the loss, destruction or theft of telecommunications company property, the unauthorized or unlawful use of telecommunications company equipment or services and the unlawful conduct of telecommunications company employees, agents or independent contractors which occurs during the course of employment.
Service evaluation and monitoring—Evaluation and monitoring of telecommunications company operations, including communications, to maintain or improve the quality of service to the customer. The term includes review of employee, agent or independent contractor relationships with customers, system checks and facility maintenance.
Telecommunications company—A public utility which provides telecommunication services subject to Commission jurisdiction.
Telecommunications services—The offering of the transmission of messages or communications for a fee to the public.
Wiretap Act—Title 18 of the Pennsylvania Consolidated Statutes §§ 5701—5781 (relating to Wiretapping and Electronic Surveillance Control Act).
§ 63.133. Confidentiality.
A telecommunications company shall 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 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. Commitment to confidentiality of customer communications and customer information.
A telecommunications company shall confirm with each employee, agent or independent contractor the responsibility to maintain the confidentiality of customer communications and customer information in accordance with applicable Federal and State law.
(1) Securing commitment from employees, agents or independent contractors. A telecommunications company shall, at the time a person commences employment or an agency or independent contractor relationship, instruct that person regarding telecommunications company policy covering the following points:
(i) State and Federal law generally prohibits the interception, disclosure and use of customer communications.
(ii) An 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 telecommunications company where the action is taken in the normal course of employment.
(C) The protection of the telecommunications company, an interconnecting carrier, a customer or user of service from fraudulent, unlawful or abusive use of telecommunications service.
(D) Compliance with legal process or other requirements of law.
(iii) An 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 employee, agent or independent contractor commitment. An appropriate document shall be prepared outlining the policy summarized in paragraph (1) and stating that the telecommunications company employee, agent or independent contractor has read and understands the policy. The telecommunications company shall present the document to each employee, agent or independent contractors for signature. A telecommunications company manager shall witness and date the document, regardless of whether the employee, agent or independent contractor has agreed to sign the document. One copy shall be filed with the personnel papers of the employee, agent or independent contractors and one copy given to the employee, agent or independent contractors to keep and review.
(3) Annual review. A telecommunications company shall annually review with 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 access to customer information and the purposes for which this information may be used by employees, agents or independent contractors responding to requests for customer information from persons outside the telecommunications company and the recording of use and disclosure of customer information.
(1) Access to and use of customer information. Access to and use of customer information shall be limited to 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 telecommunications company. An 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 telecommunications company or to subsidiaries or affiliates of the 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 telecommunications company where the action is taken in the normal course of an employee's, agent's or independent contractor's activities.
(iii) The protection of the 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, 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 telecommunications company service.
(3) Limitation on disclosures to agents, contractors, subsidiaries or affiliates. To comply with this subchapter, a telecommunications company may not allow disclosure of customer information to an agent, contractor, subsidiary or affiliate it has entered in a direct contractual relationship with or to the agents, independent contractors, subsidiaries or affiliates of a party it has entered into a contract with 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 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 telecommunications company by this subchapter and to maintain the same commitment to the protections in § 63.134 (relating to 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 telecommunications company's 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 telecommunications company's 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 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 employee, agent or independent contractor or other telecommunications company representative who will produce the information. The 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 employee, agent or independent contractor shall then comply with the legal process.
(ii) If information, including applicable records, is unavailable, the 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 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 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 telecommunications company, subject to subparagraph (i).
(iii) Each instance in which customer information is disclosed to a governmental entity or the telecommunications company security department.
(iv) Each instance in which a record is required by other telecommunications company practices or procedures.
(7) Annual notice of Customer Proprietary Network Information (CPNI) rights. The 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. [Reserved].
§ 63.137. [Reserved].
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 local exchange telecommunications companies to competitive telecommunications carriers as the term is defined in this subchapter for all services and facilities local exchange telecommunications companies are obligated to provide 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 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:
Competitive service—As defined in 66 Pa.C.S. § 3012 (relating to definitions).
Competitive telecommunications carrier—
(i) A local exchange telecommunications services provider that has been certificated or given provisional authority by the Commission as a 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. § 3019(a) (relating to additional powers and duties), and its successors and assigns.
(ii) The term includes any of the competitive telecommunications carrier's affiliates, subsidiaries, divisions or other corporate subunits that provide local exchange service.
LEC—Local exchange carrier—A legal entity that is authorized to do business in this Commonwealth by the Department of State and has been certificated by the Commission to offer local exchange telecommunications service within a specified service area. LECs encompass both local exchange telecommunications companies and competitive telecommunications carriers.
Local exchange telecommunications company—As defined in 66 Pa.C.S. § 3012.
Market price—Prices set at market-determined rates.
Noncompetitive service—As defined in 66 Pa.C.S. § 3012.
Telecommunications service—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) 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 competitive telecommunications carrier any preference or advantage over any other competitive telecommunications carrier in the preordering, ordering, provisioning, or repair and maintenance of any goods, services, network elements (as defined under section 3(35) of the Communications Act of 1934 (47 U.S.C.A. § 153(35)), or facilities.
(ii) 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 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 local exchange telecommunications company from bundling noncompetitive services with other noncompetitive services or with competitive services so long as the local exchange telecommunications company continues to offer any noncompetitive service contained in the bundle on an individual basis.
(iii) local exchange telecommunications company shall offer to 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 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) A local exchange telecommunications company may not state or imply that the continuation of any requested service from the local exchange telecommunications company is contingent upon taking other services offered by the local exchange telecommunications company that are not technically necessary to provide the requested service.
(4) Cross subsidization.
(i) 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) A local exchange telecommunications company shall simultaneously make available to competitive telecommunications carriers network information not in the public domain that is used for sales purposes by the local exchange telecommunications company or its local exchange 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 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 local exchange telecommunications company or the local exchange telecommunications company's competitive local exchange affiliate or division or other corporate subunit that performs that function.
(ii) A local exchange telecommunications company's employees, including its wholesale employees, shall use competitive telecommunications carrier proprietary information (that is not otherwise available to the local exchange telecommunications company) received in the preordering, ordering, provisioning, billing, maintenance or repairing of any telecommunications services provided to the competitive telecommunications carrier solely for the purpose of providing the services to the CLEC. Local exchange telecommunications company employees may not disclose the competitive telecommunications carrier proprietary information to other employees engaged in the marketing or sales of retail telecommunications services unless the competitive telecommunications carrier provides prior written consent to the disclosure. This provision does not restrict the use of aggregated competitive telecommunications carrier data in a manner that does not disclose proprietary information of any particular 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. Local exchange telecommunications company's wholesale employees who are responsible for the processing of a competitive telecommunications carrier order or service of the operating support system on behalf of a competitive telecommunications carrier may not be shared with the retail portion of the local exchange telecommunications company's business, shall have offices physically separated from the 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 telecommunications service provided by an LSP.
* * * * * Local exchange carrier—A legal entity that is authorized to do business in this Commonwealth by the Department of State and has been certificated by the Commission to offer local exchange telecommunications service within a specified service area. LECs encompass both local exchange telecommunications companies and competitive telecommunications carriers.
* * * * * Local service reseller—A LSP that resells another company's wholesale telecommunications services to provide local service to customers.
Local telecommunications service—Telecommunications service within a customer's local calling area, including:
(i) The customer's local calling plan, dial tone line, touch-tone and directory assistance calls allowed without additional charge.
(ii) Services covered by the Federal line cost charge, Pennsylvania relay surcharge, Federal universal service fund surcharge, local number portability surcharge, Public Safety Emergency Telephone Act (9-1-1) fee and applicable Federal and State taxes.
* * * * * Telecommunications service—The offering of the transmission of messages or communications for a fee to the public.
CHAPTER 64. STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL 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 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 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 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 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 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—
(i) A package of services, which includes noncompetitive or protected and competitive services, including services of an affiliate, in combinations and at a single rate or charge that is offered and billed on one bill by a competitive telecommunications carrier or a local exchange telecommunications company.
(ii) The term does not include a local exchange telecommunications company or competitive telecommunications carrier tariff filing that involves simultaneous changes in rates and charges for noncompetitive services in a revenue neutral manner.
CTC—Competitive telecommunications carrier—An entity that provides telecommunications services subject to the jurisdiction of the Commission and in competition with a local exchange telecommunications company.
Commercial service—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 protected, retail nonprotected and retail noncompetitive telecommunications services have been declared or determined to be competitive by the Commission 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 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. § 3018 (relating to interexchange telecommunications carriers).
LEC—Local Exchange Carrier—A jurisdictional telecommunications public utility which provides basic service either exclusively or in addition to toll service. A local exchange carrier can be either a local exchange telecommunications company or a competitive telecommunications carrier.
LETC—Local exchange telecommunications company—A telecommunications service provider as defined in 66 Pa.C.S. § 3012 (relating to definitions).
Nonbasic service—A service or a product other than telecommunications service which is either offered or billed for by 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 offers protected, retail nonprotected and noncompetitive telecommunications services as defined by 66 Pa.C.S. § 3012.
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—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 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.
Telecommunications company—A public utility which provides telecommunications service subject to Commission jurisdiction.
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 a LEC. The term includes service that is either billed by or provided by 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 in the LEC's approved tariff, Product Guide or similar document. Notwithstanding the foregoing provisions, the LEC may not proceed with suspension or termination of service based on a disputed billed amount 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 or, in the case of an electronic bill, from the date of transmission 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 made in person or electronically. The effective date of payment to a branch office or authorized payment agent is the date of actual payment at that location. The effective date of the payment made electronically to the utility is the date the customer made the electronic payment.
(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.
A LEC shall render either a paper bill or an electronic bill once every billing period to customers in accordance with the LEC's tariff, product guide or similar document.
§ 64.14. Billing information.
(a) Every bill rendered must 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) [Reserved].
(c) [Reserved].
(d) [Reserved].
§ 64.15. [Reserved].
§ 64.22. [Reserved].
§ 64.24. Provision of bundled service packages.
* * * * * (c) Consumer protection requirements. A LEC that is legally obligated to offer any ''protected service'' under Chapter 30, 66 Pa.C.S. §§ 3011 et seq., to certain residential customers shall comply with the following requirements when offering any bundled services package that includes basic service to these customers:
* * * * *
Subchapter C. CREDIT AND DEPOSIT
STANDARDS POLICY§ 64.31. LEC credit and deposit policies.
A LEC shall describe its credit and deposit standards, which must be reasonable under 66 Pa.C.S. § 1501 (relating to character of service and facilities), in a tariff, product guide or similar document.
§ 64.32. [Reserved].
§ 64.33. [Reserved].
§ 64.34. [Reserved].
§ 64.35. [Reserved].
§ 64.36. [Reserved].
§ 64.37. [Reserved].
§ 64.38. [Reserved].
§ 64.39. [Reserved].
§ 64.40. [Reserved].
§ 64.41. [Reserved].
Subchapter D. [Reserved]. § 64.51. [Reserved].
§ 64.52. [Reserved].
§ 64.53. [Reserved].
Subchapter E. SUSPENSION OF SERVICE
GROUNDS FOR SUSPENSION § 64.61. Authorized suspension of service.
Telecommunications service to a dwelling may be suspended for any of the following reasons:
* * * * * (6) Fraud or material misrepresentation of identity to obtain telecommunications service.
* * * * * (8) Unpaid indebtedness for telecommunications service previously furnished by the LEC in the name of the customer within 4 years of the date the bill is rendered.
(9) Abusive, illegal or fraudulent activity.
NOTICE PROCEDURES PRIOR TO SUSPENSION § 64.71. General notice provisions.
The LEC shall mail or deliver written notice to the customer at least 7 days before the date of proposed suspension regardless of the grounds upon which suspension is sought, with the exception of the following: Failure to comply with the material terms of a payment agreement for toll or nonbasic service, or both. In these cases, the LEC shall comply with § 64.81 (relating to limited notice upon noncompliance with report or order). In lieu of mailing or otherwise physically delivering written notice of suspension, the LEC may transmit the notice electronically, so long as the LEC obtains the prior written consent of the customer to receive suspension notices electronically.
§ 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.
(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 telecommunications company and, thereafter, an informal complaint with the Commission.
(3) The procedures for resolving disputes relating to charges on the notice 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) [Reserved].
(6) The medical emergency procedures.
(7) That upon failure to timely appeal from or comply with a 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.
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 telecommunications service must be maintained.
Subchapter F. TERMINATION OF SERVICE
GROUNDS FOR TERMINATION § 64.123. Termination notice.
Immediately after service is suspended, a termination notice which conforms substantially to the suspension notice and which indicates how the customer may arrange to have service restored shall be mailed to the customer's billing address. In lieu of mailing written notice of termination, the LEC may transmit the notice electronically, so long as the LEC obtains the prior written consent of the customer to receive termination notices electronically. The termination notice must include:
(1) The amount past due for basic service which the customer shall pay to avoid the termination of basic service.
(2) A medical emergency restoration notice substantially in the form set forth in Appendix B (relating to Medical Emergency Restoration Notice).
(3) A statement that service will be terminated on or after a specified date and a clear explanation that the customer shall request service as a new applicant, subject to additional charges, if termination occurs.
Subchapter G. DISPUTES; INFORMAL AND FORMAL COMPLAINTS
INFORMAL COMPLAINT PROCEDURES § 64.153. Commission informal complaint procedures.
(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. this subsection shall be read in conjunction with §§ 64.141—64.171 when applicable to residential utility service.
(a.1) Upon the filing of an informal complaint related to a billing dispute that complies with §§ 64.131—64.133, the Bureau of Consumer Services of the Commission can seek to immediately and contemporaneously transfer the customer to its LEC 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 operator or customer service representative of the LEC.
(3) The LEC shall maintain a dedicated toll-free telephone number for the automatic customer transfer process.
(4) In the event that the customer's billing complaint cannot be resolved by the LEC or the customer expresses dissatisfaction with the LEC's attempt to resolve the billing dispute, it will be referred back to the Bureau of Consumer Services of the Commission for resolution in accordance with the provisions of subsection (c).
(5) The Commission's Bureau of Consumer Services and participating LECs 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 the LEC'S personnel shall safeguard the customer's personal data and billing information from public disclosure.
(b) If the customer declines to participate in the automatic transfer process outlined in subsection (a.1), the informal complaint shall be docketed as ''(complainant) v. (company)'' and the Commission's Bureau of Consumer Services will immediately notify the LEC, review the dispute and make a full and prompt investigation of the billing complaint made to it by the customers, and, within a reasonable period of time, issue to the LEC 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's Bureau of Consumer Services finds that a summary is necessary.
(1) Review techniques. Review shall be by appropriate means, including LEC written summaries prepared in accordance with § 64.142 (relating to contents of written summary by the LEC), telephone calls, conferences, written statements, research, inquiry and investigation. Procedures shall be designed to ensure 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 as records of complaints shall be kept in accordance with § 64.192 (relating to record maintenance).
(2) Settlement. Before the issuance of its report, the Commission's Bureau of Consumer Services may negotiate with the parties in an attempt to settle the matters in dispute. If the billing complaint is resolved, the Commission's Bureau of Consumer Services shall terminate its investigation of the issue.
(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. [Reserved].
Subchapter I. PUBLIC INFORMATION;
RECORD MAINTENANCE§ 64.191. Public information.
(a) LEC service representatives shall provide applicants who apply for residential 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 telecommunications service option shall be clearly and conspicuously displayed on the list.
(b) If an applicant applies for service by telephone, the LEC service representative shall:
(1) Explain and give the price of the least expensive type of single-party telecommunications service.
(2) Determine whether the applicant wants information about services for customers with disabilities.
* * * * * (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 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.
(f) In addition to the notice requirements set forth in this chapter, 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. 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 telecommunications company on its bills.
(g) [Reserved].
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 basic service.
(3) The average number of overdue residential accounts per month.
(4) The average overdue residential customer bill per month for 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 for basic service.
(9) LEC gross write-offs of uncollectible residential accounts for basic service.
(10) LEC net write-offs of uncollectible residential accounts for basic service.
(11) The total number of Chapter 64 disputes handled.
Subchapter K. GENERAL PROVISIONS § 64.211. [Reserved].
[Pa.B. Doc. No. 22-1240. Filed for public inspection August 12, 2022, 9:00 a.m.]
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