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

[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 [INCUMBENT LOCAL EXCHANGE CARRIERS]
A LOCAL EXCHANGE TELECOMMUNICATION COMPANY AND A COMPETITIVE
[LOCAL EXCHANGE CARRIERS] 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:

 [CLEC—Competitive local exchange carrier—A telecommunications company that has been certificated by the Commission as a CLEC 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 of 66 Pa.C.S. § 3009(a) (relating to additional powers and duties).]

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

 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.

 Enterprise and large business customer—any legal entity organized by charter, agreement or other similar instrument, including corporations, partnerships, limited liability companies or other similar organizations of more than one person, including, but not limited to hospitals, schools, government agencies and correctional institutions with annual revenues that exceeds $500,000.00 gross revenue or that employs more than 50 full-time equivalent employees and obtains telecommunications service by means of customized or individually-negotiated contractual agreements.

 [ILEC—Incumbent local exchange carrier—A telecommunications company deemed to be an ILEC under section 101(a)(h) of the Telecommunications Act of 1996 (47 U.S.C.A. § 251(h)).]

 Joint or bundled service packages—

 (i) Service packages composed of one or more distinct categories of noncompetitive and competitive services and service options or features, inclusive of toll services, when the service packages are offered by [CLECs and ILECs] competitive telecommunications carriers and local exchange telecommunications companies under a single rate or charge and a unified set of terms and conditions for service as defined in a tariff approved by the Commission.

 (ii) The term does not include [ILEC or CLEC] local exchange telecommunications company or competitive telecommunications carrier tariff filings that involve simultaneous changes in rates and charges for noncompetitive services in a revenue neutral manner.

 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.

 Local exchange telecommunications company—An incumbent carrier authorized by the Commission to provide local exchange telecommunications service. The term includes a rural telecommunications carrier defined under section 3 of the Telecommunications Act of 1996 (47 U.S.C.A. § 153(44)) and a nonrural incumbent local exchange carrier under section 101(a)(h) of the Telecommunications Act of 1996 (47 U.S.C.A. § 251(h)).

 New service—A service that is not substantially the same or functionally equivalent with existing competitive or noncompetitive services.

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

 Nonprotected service—A telecommunications service as defined in 66 Pa.C.S. § 3012 or any telecommunications service provided by a local exchange telecommunications company that is not a protected service.

 Promotional service offerings—A service offered by a [CLEC or ILEC] 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—A telecommunications service as defined in 66 Pa.C.S. § 3012 that is offered by a local exchange telecommunications company and has not been determined to be a competitive service by the Commission.

§ 53.58. Offering of competitive services.

 (a) [ILEC] A local exchange telecommunication company's protected, retail noncompetitive and retail nonprotected services that have been declared or determined to be competitive under the relevant provisions of 66 Pa.C.S. § [3005] 3016 (relating to competitive services), may also be offered by [CLECs] competitive telecommunications carriers as competitive services without prior competitive determination and classification by the Commission subject to this section.

 (b) Under § 53.59 (relating to cost support requirements and effective filing dates for tariff filings of noncompetitive services), a [CLEC] competitive telecommunications carrier may offer services classified as noncompetitive in [an ILEC] a local exchange tele-communications company's service territory when the [CLEC] competitive telecommunications carrier has been certificated to offer service.

 (c) [When the Commission approves a CLEC petition under the relevant provisions of 66 Pa.C.S. § 3005 for classification of a noncompetitive service to a competitive service, the ILEC serving that petitioning CLEC's service territory and other certificated CLECs within the petitioning CLEC's service territory may offer the service approved by the Commission as a competitive service subject to this section.] A local exchange telecommunications company and a competitive telecommunications carrier may declare retail nonprotected services that they offer to enterprise and large business customers throughout their service territories as competitive without first filing a petition with the Commission and making a demonstration of competitiveness.

 (d) [CLECs and ILECs] Local exchange telecommunication companies and competitive telecommunications carriers offering services [determined by the Commission as competitive shall file with the Commission appropriate informational tariffs, price lists, and ministerial administrative tariff changes. These filings will become effective on 1-days' notice] declared as competitive under 66 Pa.C.S. §§ 3011—3019 (relating to alternative form of regulation of telecommunications services) will not be required to file tariffs with the Commission for these services but the carrier may be required to maintain price lists with the terms and conditions in a product guide or similar document made available on the carrier's web site.

 (1) A local exchange telecommunications company and a competitive telecommunications carrier shall file a price list for stand-alone basic residential service.

 (2) A local exchange telecommunications company and a competitive telecommunications carrier may provide rates and terms of basic dial tone service available through a product guide or similar document on its web site instead of maintaining a price list or formal tariff with the Commission. The carrier shall maintain an archive of outdated rates, terms and conditions that were available in a product guide or similar document for a period of 4 years, and shall remain obligated to provide both current and archived documents to the Commission upon reasonable request.

 (e) Under Chapter 5 (relating to formal proceedings), [the Commission] a party may petition the Commission to initiate a proceeding for the potential reclassification from competitive to noncompetitive a service that is offered by [either or both an ILEC and CLECs] a local exchange telecommunications company or competitive telecommunications carriers in a specific service territory under the relevant provisions of 66 Pa.C.S. § [3005(d)] 3016(c).

 (1) The Commission will decide which competitive service of [an ILEC or CLEC] a local exchange telecommunications company or a competitive telecommunications carrier warrants reclassification to noncompetitive status under relevant provisions of 66 Pa.C.S. § [3005(d)] 3016(c).

 (2) The Commission will provide an opportunity to participate in the proceeding to the [ILEC and to those CLECs] local exchange telecommunications company and those competitive telecommunications carriers that offer substantially the same or functionally equivalent competitive service within the service territory of the [ILEC or specific CLEC] local exchange telecommunications company for which there is a reclassification proceeding.

 (3) The Commission will separately determine whether the substantially same or functionally equivalent service that is offered by [the competing ILEC or CLECs] a local exchange telecommunications company and a competitive telecommunications carrier in the relevant service territory will continue to be classified as a competitive service for the local exchange telecommunications company or competitive telecommunications carrier.

 (4) When reviewing whether a service should be reclassified, the Commission will consider the following factors:

 (i) [The ease of entry by potential competitors into the market for the specific service at issue] (Reserved).

 (ii) The presence of other existing telecommunications carriers in the market for the specific services at issue.

 (iii) [The ability of other telecommunications carriers to offer the service at competitive prices, terms and conditions.] (Reserved).

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

 (v) [Whether the service is provided under conditions that do not constitute unfair competition.] (Reserved).

 (vi) [Whether the service, including its availability for resale under the relevant provisions of the Telecommunications Act of 1996, the act of February 8, 1996 (Pub.L. No. 104-104, 110 Stat. 56), is provided on a nondiscriminatory basis.] (Reserved).

 (vii) Other factors deemed relevant by the Commission.

§ 53.59. Cost support requirements and effective filing dates for tariff filings of noncompetitive services.

 (a) [CLEC services] Services priced below [ILEC] the rates of a local exchange telecommunications carrier. [A CLEC] A competitive telecommunications carrier that offers services that are substantially the same or functionally equivalent with noncompetitive services by [an ILEC] a local exchange telecommunications company in the service territory of the [ILEC] local exchange telecommunications company, at rates and charges that are at or below the level of the corresponding rates and charges of the [ILEC] local exchange telecommunications company for these services, is not required to provide cost support for tariff filings and rate changes involving these services. These tariff filings will be effective on 1-days' notice if the following apply:

 (1) The [CLEC] competitive telecommunications carrier offers these services in the same service territory as the [ILEC] local exchange telecommunications company.

 (2) The [CLEC] competitive telecommunications carrier tariff filing does not contain any material changes in the [CLEC's] competitive telecommunications carrier's tariff rules, terms or conditions.

 (3) The [CLEC] competitive telecommunications carrier specifically states in its accompanying cover letter that the filing is being made on 1-days' notice in accordance with this subsection, and that the tariff filing does not contain material changes in the [CLEC] competitive telecommunications carrier's tariff rules, terms or conditions.

 (4) The [CLEC] competitive telecommunications carrier provides copies of the [ILEC's] local exchange telecommunications company's effective tariffs designating the corresponding rates and charges of the same or functionally equivalent noncompetitive services.

 (b) [CLECs] Competitive telecommunications carriers operating in multiple [ILEC] territories. When [a CLEC] a competitive telecommunications carrier offers services in the service territories of more than one [ILEC] local exchange telecommunication company, and the rates and charges for these services satisfy the criteria of subsection (a), the [CLEC] competitive telecommunications carrier may file separate tariff schedules when the rates and charges for these services correspond to the rates and charges of the different [ILECs] local exchange telecommunications companies in their respective service territories.

 (c) [CLEC services] Services priced above [ILEC] the rates of a local exchange telecommunications company and [CLEC] competitive telecommunications carrier new services.

 (1) [CLEC] A competitive telecommunications carrier tariff filings for services that are substantially the same or functionally equivalent with noncompetitive services offered by [an ILEC] a local exchange telecommunications company in the same service territory of the [ILEC] local exchange telecommunications company, at rates and charges that are higher than the corresponding rates and charges of the [ILEC] local exchange telecommunications company, will become effective as filed if the Commission does not take any action within 30 days from the date when all consumers subject to the rate increase shall have received individual notice.

 (2) [CLEC] Competitive telecommunications carrier tariff filings for new services will become effective as filed if the Commission does not take any action within 30 days from the date the tariff filing is filed with the Commission.

 (3) The tariff filings in this subsection shall be received by the Office of Consumer Advocate, the Office of Small Business Advocate and the Commission's [Office of Trial Staff] Bureau of Investigation and Enforcement on the date of filing with the Commission's Secretary's Bureau.

 (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 [Office of Trial Staff] Bureau of Investigation and Enforcement and the affected [CLEC] competitive telecommunications carrier.

 (5) The [CLEC] competitive telecommunications carrier shall include the following summary documentation for tariff filings involving the services:

 (i) A brief statement indicating whether the [CLEC] competitive telecommunications carrier offers these services solely on the basis of resale of an [ILEC's] 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 [ILEC] local exchange telecommunications company.

 (d) [CLEC] Competitive telecommunications carrier ministerial administrative changes. [CLEC] Competitive telecommunications carrier ministerial administrative tariff filings for services that are substantially the same or functionally equivalent with noncompetitive services offered by [an ILEC] a local exchange telecommunications company in the same service territory of the [ILEC] local exchange telecommunications company, will be effective on 1-day's notice.

 (e) Cost support for [CLEC] filings. When new or revised [CLEC] competitive telecommunications carrier rates for service are higher than those of the [ILEC] local exchange telecommunications company in that [ILEC's] local exchange telecommunications company's service territory, the Commission may request relevant documentary support, including cost support and a statement of compliance with applicable guidelines. The requests can be made either before or after the rates become effective, and will only occur 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.

 (f) [ILEC] Local exchange telecommunications company rate changes.

 (1) Rate reductions. [ILEC] Local exchange telecommunications company tariff filings for noncompetitive services that represent rate reductions from current rates and charges of that [ILEC] local exchange telecommunications company, will become effective as filed if the Commission does not take any action within a 10-day notice and review period. To obtain the 10-day notice and review period, the [ILEC] local exchange telecommunications company shall provide copies of its current tariff for the noncompetitive service for which it seeks a rate reduction.

 (2) Rate increases. [ILEC] Local exchange telecommunications company tariff filings for noncompetitive services that represent rate increases from current rates and charges of that [ILEC] local exchange telecommunications company will become effective as filed if the Commission does not take any action within 30 days from the date when all consumers subject to the rate increase shall have received individual notice.

 (3) New services. [ILEC] Local exchange telecommunications company tariff filings for new services will become effective as filed if the Commission does not take any action within 30 days from the date the tariff filing is filed with the Commission.

 (4) Ministerial administrative changes. [ILEC] Local exchange telecommunications company ministerial administrative tariff filings for noncompetitive services will be effective on 1-day's notice.

 (5) Notice. The tariff filings in this subsection shall be received by the Office of Consumer Advocate, the Office of Small Business Advocate and the Commission's [Office of Trial Staff] Bureau of Investigation and Enforcement on the date of filing with the Commission's Secretary's Bureau.

 (6) Extension of review period. 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 [Office of Trial Staff] Bureau of Investigation and Enforcement and the affected [ILEC] local exchange telecommunications company.

 (7) 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 an [ILEC] local exchange telecommunications company to file with the Commission for approval of tariff filings involving noncompetitive service offerings.

 (g) Executive overview. [ILECs and CLECs] Local exchange telecommunications companies and competitive telecommunications carriers that file tariff filings in accordance with subsection (c) or (f) shall file an executive overview summarizing the reason for the filing. The executive overview shall include relevant information regarding the safety, adequacy, reliability and privacy considerations related to the proposed or revised service.

 (h) Lifeline plan statement. When a [CLEC] competitive telecommunications carrier proposes increases in rates and charges for any of its basic local exchange services, the [CLEC] competitive telecommunications carrier shall also state whether it has implemented a Lifeline Plan that has been approved by the Commission.

 (i) Enterprise and large business customers. A local exchange telecommunications company and a competitive telecommunications carrier are not required to file a tariff setting forth the rates and terms for retail protected basic dial tone service offered to enterprise and large business customers but may maintain information regarding the rates, terms, and conditions for these services in an online guide on its Internet web site as it would have been available in a paper tariff.

§ 53.60. Supporting documentation for promotional offerings, and joint or bundled service packages[, and toll services].

 (a) Promotional offerings. [CLECs and ILECs] 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.

 (1) [ILEC and CLEC] 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. [ILECs and CLECs] Local exchange telecommunications company and competitive telecommunications carriers shall provide a 10-day advance notice to any resellers that purchase the promotional service offering from the [ILEC or CLEC] local exchange telecommunications company or competitive telecommunications carrier making the tariff filing.

 (2) The Commission may request relevant documentary support, including cost support for tariff filings involving promotional service offerings for noncompetitive services.

 (3) [CLECs and ILECs] 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) Joint or bundled service packages. [CLECs and ILECs] Local exchange telecommunications companies a competitive telecommunications carriers are relieved from an automatic obligation to provide cost support for tariff filings involving the offering of joint or bundled service packages.

 (1) When [ILEC] local exchange telecommunications joint or bundled service packages include both competitive and noncompetitive services, these service packages shall meet any applicable State law or regulation regarding cost justification, discrimination and unfair pricing in joint or bundled service package offerings, and their component competitive and noncompetitive services.

 (2) The Commission may request relevant documentary support, including cost support, for tariff filings involving joint or bundled services.

 (3) No filing requirements exist for the offering of joint or bundled service packages composed entirely of competitive services.

 [(c) Toll services. CLECs and ILECs may file tariffs with changes in their rates and charges for existing noncompetitive toll services alone that can become effective on 1-day's notice. A 16-day notice period is required for the filing of a new toll service or the specific noncompetitive services defined in 66 Pa.C.S. § 3008(a) (relating to inter- exchange telecommunications carrier). For tariff filings and rate changes involving noncompetitive toll services, the Commission may request relevant documentary support, including cost support.]

CHAPTER 63. [TELEPHONE] 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 public utility for the commencement of or changes in public utility service.

 [Automatic dialing-announcing device—Automatic equipment used for solicitation which has a storage capability of multiple numbers to be called or a random or sequential number generator that produces numbers to be called and has the capability, working alone or in conjunction with other equipment, of disseminating a prerecorded message to the number called.]

 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 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 [telephone] 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 retail telecommunications services have been 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 [telephone] telecommunications service by a regulated public utility.

 Exchange—A unit established by a 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.

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

 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 continues to offer protected, retail nonprotected and noncompetitive 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, public utility service to be provided at a customer location which does not have public utility service including, but not limited to, the initial connection of a new customer or the transfer of public utility service of an existing customer's service to a new location.

 Public utility—A person or corporation owning or operating equipment or facilities in this Commonwealth for conveying or transmitting messages or communications over the telecommunications network for 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.

 Subscriber—A person, firm or corporation designated on public utility records as the party responsible for payment of bills for [telephone] telecommunications service.

 Surveillance level—A measurement of [telephone] 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. [Minimizing interference and inductive effects] (Reserved).

 [(a) Interference. A public utility system shall be so constructed as to eliminate cross-talk and noise resulting from faulty construction, to the extent that these factors interfere with the satisfactory transmission of messages.

 (b) Induction. A public utility shall use reasonable means to minimize inductive effects between adjacent power and communication circuits.]

§ 63.13. [Periodic inspections] (Reserved).

 [A public utility shall adopt a program of periodic tests, inspections and preventive maintenance aimed at achieving continuous efficient operation of its system in a manner satisfactory to the Commission.]

§ 63.15. Complaint procedures.

 (a) [Investigations. A public utility shall make a full and prompt investigation of service complaints made to it through the Commission by its customers or third parties. 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 public utility through the Commission, the public utility and the Commission shall work to process and resolve all complaints] (Reserved).

 (a.1) Automatic Customer Transfer. Upon the receipt of a customer complaint related to service or billing, the Bureau of Consumer Services of the Commission can seek to immediately and contemporaneously transfer the customer to a public utility for resolution to address the inquiry or service complaint in the following manner:

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

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

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

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

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

 (a.2) Investigations. If the customer declines to participate in automatic customer transfer resolution process set forth in subsection (a.1), the public utility shall make a full and prompt investigation of service or billing complaints made to it through the Commission by its customers or third parties. Upon receiving a service or billing complaint from a customer of a utility, the Commission will transmit a summary of the service complaint to the utility. If a service or billing 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 or billing complaint. When complaints are referred to the public utility through the Commission, the public utility and the Commission shall work to process and resolve all complaints.

 (b) Records of complaints. A public utility shall preserve written or recorded service or billing 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 utility company's decision or explanation, the 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—64.182] 64.141—64.181 when applicable to residential utility service.

§ 63.16. [Traffic measurements] (Reserved).

 [Traffic measurements shall be taken of sufficient extent, frequency and character to determine that central office equipment and personnel are adequate to handle traffic without unreasonable delay.]

§ 63.18. [Multiparty line subscribers] (Reserved).

 [A multiparty line subscriber may be required to take service of a different grade if his use of service interferes unreasonably with the necessary service of the other subscribers on the line. The number of subscribers connected to a multiparty line shall be limited to a maximum of four.]

§ 63.19. [Interoffice lines] (Reserved).

 [A public utility furnishing, singly or jointly with other telephone companies, channels for communication between different central offices, may not connect stations of subscribers to these channels. Sufficient interoffice channels shall be provided to handle the traffic without unreasonable delay.]

§ 63.21. Directories.

*  *  *  *  *

 (b) One copy of each new directory issue shall be furnished to [each subscriber and one copy sent to] the Commission by the issuing public utility at the time of its distribution to subscribers. The public utility shall furnish a new directory to customers and subscribers in the following manner:

 (1) A 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 public utility's Internet address where customers can find the online directory. The public utility also shall post the notice on its web site.

 (2) A 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) Print directories shall be distributed to consumers who are more likely to use them.

 (4) Requests for printed directories shall be treated as standing orders but may be reconfirmed by the public utility every 2 years.

 (5) Directories shall be made available online in digital format at a web site maintained by the 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).

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§ 63.22. Service records.

 (a) A public utility shall keep sufficient records to reflect the following:

 (1) [Tests and inspections showing data as to date, facilities tested or inspected, conditions of the facilities and action taken] (Reserved).

 (2)  Service complaints and trouble reports.

 (i) A 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 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) [Location and description of its plant, including maps, as appropriate.] (Reserved).

 (b) [Records required by this chapter shall be kept within this Commonwealth at an office of the utility located in the territory served by it, and shall be open for examination by the Commission or its representative] (Reserved).

 (c) [Records pertaining to reasonableness and adequacy of utility service, as required by this chapter, shall be filed with the Commission and released to the public upon request. A utility may petition the Commission for waiver of this subsection for particular public requests] (Reserved).

§ 63.23. Construction and maintenance safety standards for facilities.

 Overhead and underground public utility equipment or facilities and crossings of the wires or cables of every 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 safe and reasonable standards as set forth in the [National Electrical Safety Code, 1981 edition] Institute of Electrical and Electronics Engineers' (IEEE) National Electrical Safety Code (NESC), 2017 edition, as amended and supplemented.

Subchapter C. ACCOUNTS AND RECORDS

§ 63.31. Classification of public utilities.

 For accounting and reporting purposes, [telephone] telecommunications public utilities are classified as follows:

 (1) Class A. [Telephone] Telecommunications public utilities that are incumbent local exchange carriers 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. [Telephone] Telecommunications public utilities that are incumbent local exchange carriers 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. [Telephone] Telecommunications public utilities that provide competitive local telephone exchange services and that are not the incumbent provider in any local exchange area within this Commonwealth.

§ 63.32. Systems of accounts.

 (a) Class A and Class B [telephone] telecommunications public utilities shall keep their accounts in conformity with the requirements prescribed by the Federal Communications Commission (FCC), under ''Com- mon Carrier Services; Revision; Uniform System of Accounts (USOA); Classes A, B, and C Telephone Companies,'' [51 Fed. Reg. 43498 (December 2, 1986) (to be codified at 47 CFR Part 32)] 47 CFR Part 32 (relating to Uniform system of accounts for telecommunications companies). The symbol ''32'' which forms the initial component of each account number in the system of accounts, as published, may not be considered as a prescribed part of the account number for accounting and reporting purposes.

 (b) A Class C [telephone] telecommunications public utility which is not required by the FCC to conform to the USOA and does not do so, shall inform the Commission of this fact on its annual financial report. The Class C utility shall also state the method of accounting utilized to compile the financial information reported, including the Generally Accepted Accounting Principles (GAAP).

§ 63.33. [Integrity of reserve accounts to be preserved] (Reserved).

 [With respect to those companies which keep their accounts in conformity with the requirements prescribed by the Federal Communications Commission under the ''Common Carrier Services; Revision; Uniform Systems of Accounts (USOA); Classes A, B and C Telephone Companies,'' 51 FR 43498 (December 2, 1986) (to be codified at 47 CFR Part 32), amounts in Class A and Class B accounts 169—173 inclusive, and in Class C accounts 185 and 190, reserved as of the effective date of the appropriate system of accounts prescribed in § 63.32 (relating to systems of accounts), may not, except by permission of the Commission, be used for any purpose other than the specific purpose for which reserved.]

§ 63.34. [Reclassification of telephone plant to original cost] (Reserved).

 [Before making entries in its books of account to reclassify its telephone plant to original cost when first devoted to the public service, as required by the text of accounts 100:1, 100:2, 100:3, 100:4 and 100:7 of the uniform accounting system prescribed by § 63.32 (relating to systems of accounts), each telephone public utility subject to such system of accounts shall submit to the Commission, for approval, a draft of the entries which it proposes to make accompanied by all of the following data, sworn to or affirmed by the officer of the utility responsible for the preparation of such entries:

 (1) Statement A. Statement A shall be a comprehensive statement of the procedures and methods followed by the utility in the determination of the original cost of its telephone plant at the effective date of the uniform accounting system prescribed by § 63.32. If procedures or methods or both differed with respect to classes of plant, such differences should be set forth clearly.

 (2) Statement B. Statement B shall be a comprehensive index for the utility and for each of its predecessors of ledgers, journals and other books of account, of vouchers, work orders, contracts covering the purchase or construction of utility plant, time reports, payrolls and summaries and other original records which are the sources of entries in the books of account for telephone plant transactions and relevant reserves, and of other books and memoranda, such as minute books, operating maps and records, and similar items, which may be useful in the establishment of the historical development of the telephone plant and related reserves of the company. With the exception of mass records—such as material tickets, vouchers, work orders, time reports, payrolls, and similar items—the index shall describe each record, indicate the period covered by it, show the physical location of it, and give the name of the person in charge of it. For mass records, the index shall be so prepared to show, for each type record, the periods covered thereby at each location and identified, as appropriate, by the first and last serial number of the record for each period.

 (3) Statement C. Statement C shall be an outline of the origin and the development of the utility, including a description of each consolidation and merger to which the utility or predecessors were parties, and each acquisition by the utility or by a predecessor of property comprising a substantially complete telephone system, exchange line, or toll line.

 (4) Statement D. Statement D shall be a summary by years for the utility and for each of its predecessors of the gross debits and the gross credits to the telephone plant account from the date of origin of the telephone plant of the utility to the effective date of the system of accounts prescribed by § 63.32, setting forth all of the following:

 (i) Plant acquired by merger or consolidation.

 (ii) Plant constructed by the utility.

 (iii) Plant acquired by purchase.

 (iv) Total.

 (v) Retirements of the plant which cannot be classified by subparagraphs (i)—(iii).

 (vi) Balance at the effective date of the system of accounts.

 (5) Statement E. Statement E shall be a statement showing the following for each acquisition by the utility or by a predecessor—through consolidation, merger or purchase—of property comprising a substantially complete telephone system, exchange line, or toll line:

 (i) A description of the property acquired.

 (ii) The names of parties to the transaction and whether the parties were affiliated with each other.

 (iii) The date of incorporation of the merged constituent or vendor.

 (iv) The date physical property was acquired.

 (v) A balance sheet of the predecessor at the date its plant was acquired.

 (vi) The book value of the plant acquired, by primary accounts, as recorded by the predecessor or vendor, at the date the physical property was acquired.

 (vii) The cost of the plant to the acquirer, and how the cost was determined.

 (viii) Entries recording the acquisition.

 (ix) The amount recorded by the acquirer in subaccounts of 100:1, ''Telephone plant in service,'' of the uniform system of accounts prescribed by § 63.32.

 (x) The amount of depreciation reserve applicable to the plant acquired, as shown in the books of account of the predecessor or vendor.

 (xi) The adjustment of the depreciation reserve, if any, by the vendee with respect to the plant acquired, and the basis.

 (xii) If the capital stock of the predecessor was acquired prior to the acquisition of its property, the date or dates such capital stock was acquired, from whom acquired, the consideration paid, and whether the vendor was an affiliate of the utility or of a predecessor.

 (xiii) If the parties referred to in subparagraphs (ii) and (xii) were affiliates, the following additional information shall be furnished:

 (A) With respect to subparagraph (ii), the name of the affiliated interest which acquired the property at arm's-length, and the consideration paid by it shall be given.

 (B) With respect to subparagraph (xii), the name of the affiliated interest which acquired the capital stock at arm's-length, and the consideration paid by it shall be given.

 (6) Statement F. Statement F shall be a statement for the accounting utility or its predecessors showing any increases in plant accounts resulting from the recording of appraised values. The statement should give the full journal entry together with a comparative balance sheet showing the accounts prior and subsequent to the journal entry at the time the appraisal was recorded.

 (7) Statement G. Statement G shall, with respect to increments, that is, differences between paragraph (5) (vi) and (ix) and also the amounts shown by Statement F under paragraph (6) in plant accounts of the utility or its predecessors arising from plant acquisitions or from the recording of appraised values, state the amounts of the increments remaining in the plant account as of the reclassification date.

 (8) Statement H. Statement H shall be a statement with detailed accounts showing telephone plant per books as of the date as of which telephone plant will be reclassified to original cost.

 (9) Statement J. A statement J shall be a statement, by years of plant installation, of the original cost of the telephone plant proposed to be classified in the subaccounts of account 100:1, ''Telephone plant in service,'' of the uniform system of accounts prescribed in § 63.32.

 (10) Statement K. Statement K shall be a comparative balance sheet, as of the effective date of the system of accounts, setting forth the accounts and the amounts appearing in the books of account both before entries to adjust the telephone plant to original cost have been made, and to give pro forma effect to the proposals of the utility for adjusting the telephone plant to original cost.

 (11) Statement L. Statement L shall be a reconciliation of the book value of the telephone plant immediately before reclassification to original cost (as shown by Statement H in paragraph (8)) and the utility-determined original cost as of the effective date of the system of accounts (as shown in Statement J in paragraph (9)). The reconciliation shall show all adjustments by nature of adjustment in detail.

 (12) Statement M. Statement M shall be an analysis of Account 100:4, ''Telephone plant acquisition adjustment,'' and of Account 100:7, ''Telephone plant adjustment,'' showing character and the basis for computation of each amount included and proposed to be included.

 (13) Statement N. Statement N shall be a suggested plan for depreciating, amortizing, or otherwise disposing of, in whole or in part, the amounts included and includible, as of the effective date of the system of accounts, in Account 100:4, ''Telephone plant acquisition adjustment,'' and Account 100:7, ''Telephone plant adjustment,'' of the uniform system of accounts prescribed by § 63.32.]

§ 63.35. Preservation of records.

 (a) A [telephone] telecommunications public utility shall keep and preserve its records in conformity with ''Part 45—Preservation of Records of Telephone Carriers,'' adopted by Federal Communications Commission on August 16, 1950 (47 CFR Part 42) as amended from time to time.

 (b) [Telephone public utilities which maintain the original cost of their plants in continuing property records which conform with the requirements of the Commission may apply for permission to dispose of books and records related to transactions dated 20 years or more prior to the date of the application] Unless a different retention period is otherwise specifically addressed in this chapter, a telecommunications public utility shall be required to retain for eight years the following records: (1) all records related to an audit conducted by the Commission under section 516 of the code, such as but not limited to financial and management audits; (2) records required for review under sections 505 and 506 of the code; records required under the system of accounts followed pursuant to subsection (a); and (3) records required for those entities remaining subject to ratemaking provisions under Chapters 13 and 30 of the code.

Subchapter D. [UNDERGROUND SERVICE] (Reserved)

§ 63.41. [Underground telephone service in new residential developments] (Reserved).

 [(a) For the purpose of this section only, the following words and terms, have the following meanings, unless the context clearly indicates otherwise:

 (1) Applicant for telephone service—The developer of a recorded plot plan consisting of five or more lots, or one or more five unit apartment houses.

 (2) Developer—The party responsible for constructing and providing improvements in a development, that is, streets, sidewalks and utility-ready lots.

 (3) Development—A planned project which is developed by a developer/applicant for telephone service set out in a recorded plot plan of five or more adjoining unoccupied lots for the construction of single-family residences, detached or otherwise, mobile homes, or apartment houses, all of which are intended for year-round occupancy, if telephone service to the lots necessitates extending the utility's distribution lines.

 (4) Distribution line—A main line facility directly or indirectly connecting the customers in a development to the telephone central office.

 (5) Service line—A line from the distribution line to the residence of the subscriber.

 (6) Subdivider—The party responsible for dividing a tract of land into building lots which are not to be sold as utility-ready lots.

 (7) Subdivision—A tract of land divided by a subdivider into five or more adjoining unoccupied lots for the construction of single-family residences, detached or otherwise, or apartment houses, all of which are intended for year-around occupancy, if telephone service to the lots necessitates extending the utility's existing distribution lines.

 (b) Distribution and service lines, except pedestals, installed as the result of an application for the telephone service within a development shall be installed underground; shall conform to the utility's construction standards; and shall be owned and maintained by the utility. Excavating and backfilling shall be performed by the applicant for telephone service or by another agent the applicant may authorize. Other installation shall be performed by the utility or by another agent the utility may authorize. The utility may not be liable for injury or damage occasioned by the wilful or negligent excavation, breakage or other interference with its underground lines occasioned by anyone other than its own employes or agent. Nothing in this section shall prohibit a utility from performing its own excavating and backfilling for greater system design flexibility. No charges other than those specified in subsections (c) and (d) is permitted.

 (c) The applicant for telephone service to a development shall do the following:

 (1) At its own cost, provide the utility with a copy of the recorded development plot plan identifying property boundaries, and with easements satisfactory to the utility for occupancy and maintenance of distribution and service lines and related facilities.

 (2) At its own cost, clear the ground in which the service lines and related facilities are to be laid of trees, stumps and other obstructions, provide the excavating and backfilling according to utility specifications and subject to the inspection and approval of the utility, and backfill within 6 inches of final grade. Utility specifications for excavating and backfilling shall be set forth by the utility in written form and presented to the applicant at the time of application for the service and presentation of the plot plan to the utility. If the utility's specifications have not been met by the applicant's excavating and backfilling, the excavating and backfilling shall be corrected or redone by the applicant or its authorized agent. Failure to comply with the utility's construction standards and specifications permits the utility to refuse utility service until the standards and specifications are met.

 (3) Request the installation of distribution and service lines at the time that the lines may be installed before curbs, pavements and sidewalks are laid; carefully coordinate scheduling of the utility's line and facility installation with the general project construction schedule including coordination with another utility sharing the same trench; keep the route of lines clear of machinery and other obstructions when the line installation crew is scheduled to appear; and otherwise cooperate with the utility to avoid unnecessary costs and delay.

 (4) Place with the telephone company, in advance or upon other terms that the company may require, the following charges:

 (i) A prepayment in aid of construction in an amount not in excess of 60% of the company's costs of the distribution line for the development.

 (ii) The prepayment in aid of construction will be refunded on a proportionate basis for each contract for telephone service rendered. The basis for total refund shall be 100% refund upon receipt of telephone contracts for telephone service from 50% of the total development within a 10-year period.

 (d) If the applicant changes the plot plan after installation of the telephone utility's lines has begun, or requests deviation from the utility's established underground construction practices, the additional costs shall be borne by the applicant. No charges other than those described in this subsection and in subsection (c) may be borne by the applicant for telephone service or by another utility sharing the same trench, even if the utility elects to perform its own excavating and backfilling.

 (e) The Commission believes that there should be joint use of trenches whenever economically and technologically feasible. However, the Commission realizes that the economic advantages which can result from the joint use of trenches may at times be obviated by the technological disadvantages of joint occupancy. Therefore, the Commission will not make the joint use of trenches mandatory but will require the joint use of trenches whenever the circumstances indicate that the use would be feasible and parties agree thereto.

 (f) This section applies to all requests for distribution facilities for telephone service to developments which are filed after June 9, 1984.

 (g) Amounts the public utility receives under subsection (c)(4)(i) shall be credited to Accounts 174-Other deferred credits.

 (h) Whenever the public utility or an affected person believes that the application of the tariff rule works an undue hardship, involves a physical impossibility, or is otherwise inappropriate, the utility or person may request an exception from the undergrounding requirements of this section by following the procedure set forth in § 57.86 (relating to exceptions).

 (i) Exceptions, as granted by the Commission for electric distribution lines under § 57.86 shall also apply to telephone facilities. If an exception request initiated by an applicant for telephone service is granted and the applicant thereafter desires underground service, then this section shall apply as if no exception had been granted.

 (j) Telephone utilities shall file a tariff supplement adding this section to its tariff. The tariff supplement shall become effective on the date filed.

 (k) Telephone utilities shall file undergrounding construction and specification standards and revisions thereto with the Commission's Bureau of Fixed Utility Services.

 (l) Underground facilities in new residential developments are only required by this section when a bona fide developer exists, that is only when utility-ready lots are provided by the developer. A mere subdivision is not required to have underground service. However, should the lot owner or owners in a subdivision desire underground service, the service shall be provided by the utility if the lot owner or owners, at his option, either complies with subsection (c) or pays to the utility the charges that are contained in the utility's tariff for underground telephone service not required by this title.]

Subchapter E. [TELEPHONE] TELECOMMUNICATIONS QUALITY SERVICE STANDARDS

§ 63.51. Purpose.

 This subchapter establishes, regulates and enforces uniform, fair and reasonable service objectives and surveillance levels of [telephone] telecommunications service offered within this Commonwealth. This subchapter applies to regulated simple residential or business voice grade services offered by a public utility as defined in § 63.1 (relating to definitions). This subchapter does not preclude, supersede or amend Chapter 64 (relating to standards and billing practices for residential [telephone] telecommunications service). This subchapter shall be applied in conjunction with Chapter 64.

§ 63.52. [Exceptions] (Reserved).

 [This subchapter does not apply to services offered by interexchange carriers as defined in § 63.1 (relating to definitions).]

§ 63.53. General provisions.

 (a) A public utility shall provide [telephone] telecommunications service to the public in its service area in accordance with its tariff on file with the Commission or product guide or similar document listed on its web site. The quality of service shall meet or exceed the minimum standards set forth in this subchapter.

 (b) [If a public utility fails to meet a standard service surveillance level in a reporting entity as described in this subchapter, the service data for the standard not met in that reporting entity shall be filed with the Commission] (Reserved).

 (c) [A public utility shall provide access to operator-assisted services for all exchanges at all hours] (Reserved).

 (d) [A public utility shall provide equipment and facilities designed and engineered in accordance with realistic forecasts of customer demand and shall maintain, or have access to, a stock of associated equipment to meet the demand] (Reserved).

 (e) If unreasonable hardship to a person or to a utility results from compliance within this subchapter, application may be made to the Commission for modification of the section or for temporary exemption from its requirements. The adoption of this subchapter by the Commission will not preclude the altering or amending of the provisions in a manner consistent with applicable statutory procedures, nor will the adoption of this subchapter preclude the Commission from granting temporary exemptions in exceptional cases. A person or utility that files an application under this section shall provide notice to a person who may be affected by the modification or temporary exemption. Notice may be made by a bill insert or in another reasonable manner.

§ 63.54. Record retention.

 (a) A 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 telecommunications public utility shall retain for at least a 5-year period the service records related to 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); and (4) service outages under § 63.22 and § 63.57 (relating to customer trouble reports) of this chapter.

§ 63.55. Surveillance levels.

 (a) When the level of operation of a telecommunications public utility fails to meet a stated average level of operation required by this subchapter for a period of 3 consecutive months, the public utility immediately shall:

 (1) Initiate an investigation into the cause of the inadequate performance.

 (2) [Inform the Commission of the substandard performance and of steps, studies and investigations commenced and undertaken by the public utility to determine the cause and to remedy the inadequate performance] (Reserved).

 (3) On request from the Commission, the telecommunications public utility shall provide to the Commission a report detailing the results of the investigation into a breach of a surveillance level substandard performance and any steps, studies and further action undertaken or commenced by the public utility to determine the cause and to remedy the inadequate performance.

 (b) [In addition to the requirements set forth in subsection (a), a public utility shall file with the Commission, within 5 working days from its initial contact with the Commission as provided for in subsection (a)(2), a report which contains the following information:

 (1) The nature of the problem.

 (2) The cause of the problem.

 (3) The duration of the problem.

 (4) The result of studies and investigations which have been taken.

 (5) The remedial action taken] (Reserved).

 (c) [A public utility shall monitor the stated service problem area for a period of 1 month. At the end of this 1 month period the public utility shall file an updated status report with the Commission] (Reserved).

 On request from the Commission, the telecommunications public utility shall provide to the Commission a report detailing the results of the investigation into a breach of a surveillance level substandard performance and any steps, studies and further action undertaken or commenced by the public utility to determine the cause and to remedy the inadequate performance.

§ 63.56. [Measurements] (Reserved).

 [(a) A public utility shall utilize measuring devices, methods and practices generally recognized and accepted by the communications industry to obtain or to allow the calculation of the service objectives detailed in this subchapter.

 (b) Equipment arrangements permitting, each public utility shall have an objective of attaining at least 300 local dial service measurements per month on originating entities serving more than 10,000 access lines that are a part of a local dial network of 15,000 access lines.

 (c) A public utility shall provide, maintain and operate a dial tone speed measuring device for originating entities serving more than 3,000 access lines.

 (d) A public utility shall provide, maintain and operate load or service indicating devices on originating equipment for entities not equipped with a dial tone speed measuring device.

 (e) A public utility shall monitor the answering time for calls received at customer contact locations, including, but not limited to, repair service, business offices and toll operator office. The monitoring required by this subchapter may be accomplished through measuring devices, random sampling or statistically valid customer satisfaction surveys. The Commission retains the right to determine the appropriateness of utility monitoring methods in particular circumstances.

 (f) A public utility shall establish and maintain a performance record for each central office or other appropriate entity which shall be kept current and shall show applicable service results hourly, daily, monthly, as appropriate.

 (g) Records and measurements required by this section shall be retained by the public utility for a minimum period of 3 years.]

§ 63.57. Customer trouble reports.

 (a) [A public utility shall respond to and take substantial action to clear out-of-service trouble of an emergency nature whenever the outage occurs, within 3 hours of the reported outage consistent with the needs of customers and personal safety of utility personnel.

 (b) A public utility shall respond to and take substantial action to clear other out-of-service trouble, not requiring unusual repair, within 24 hours of the report, except for isolated weekend outages affecting fewer than 15 customers in an exchange or where the customer agrees to another arrangement] A 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)] (b) A public utility shall keep commitments made to its customers and applicants, unless timely notice of unavoidable changes is given to the customer or applicant or a reasonable attempt is made to convey the notice.

 [(d)] (c) If unusual repairs are required or other factors preclude the prompt clearing of reported trouble, reasonable efforts shall be made to notify affected customers.

 [(e) A report received by the public utility shall be counted as a separate report even though it may be a duplication of, or may involve a progress inquiry of, a previous report.

 (f)] (d) It shall be substandard performance for a public utility to receive more than 5.5 customer trouble reports per 100 lines per month. A public utility receiving greater than 5.5 customer trouble reports per 100 lines per month is subject to the [reporting] requirements set forth in § 63.55(a) (relating to surveillance levels).

§ 63.58. Installation of service.

 (a) Ninety-five percent of a public utility's primary service order installation shall be completed within 5 working days of receipt of an application [unless a later date is requested by the applicant or when construction is required] or unless the customer agrees to a later date.

 (b) [Ninety percent of a public utility's nonprimary service orders shall be completed no later than 20 days of receipt of an application unless a later date is requested by the applicant. If the utility company is unable to fill a nonprimary service order within the requisite time, the utility shall so inform the applicant and provide the applicant with the date nonprimary service will be available.] Ninety percent of a public utility's nonprimary service orders shall be completed no later than 20 days of receipt of an application unless the customer agrees to a later date. If the utility company is unable to fill a nonprimary service order within the requisite time, the utility shall so inform the applicant and provide the applicant with the date nonprimary service will be available.

 (c) Ninety percent of a public utility's commitments to applicants as to date of installation of service orders shall be met, except for applicant-caused delays, adverse weather conditions and other supervening causes beyond the utility company's control.

§ 63.59. [Operator-handled calls] Call Answering Measurements.

 A public utility shall take measures necessary and keep sufficient call answering records to monitor answering times for calls as follows:

 (a) [A public utility supplying operators shall establish practices for operators and the public utility shall establish practices for its representatives with the stated objective of providing efficient and pleasing service to its customers. Operators and other representatives shall be instructed to be courteous and considerate, and to comply with the Communications Act of 1934 (47 U.S.C.A. §§ 157—611) in maintaining the secrecy of communications.] The percent of calls answered at each 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 public utility records data for more than one call center or business office, the public utility should also record the combined percent of calls answered within 30 seconds for the public utility as a whole.

 (b) [A public utility supplying operators shall maintain adequate personnel and equipment to assure an average operator answering performance on a monthly basis as follows:

 (1) Ninety percent of toll and operator assistance calls shall be answered within 10 seconds.

 (2) Eighty-five percent of calls seeking repair service or to the business office during normal working hours shall be answered within 20 seconds.

 (3) For purposes of this section, an ''answer'' means that the operator or other representative is ready to render assistance and to accept information necessary to process the call. An acknowledgement that the customer or applicant is waiting on the line does not constitute an answer.

 (4) A public utility may measure its compliance with paragraphs (1) and (2) through the use of measuring devices, random sampling, statistically valid customer attitude surveys or a combination of these compliance measuring techniques. The Commission retains the right to determine the appropriateness of utility monitoring methods in particular circumstances.] The average busy-out rate for each call center or business office, or both. If the public utility records data for more than one call center or business office, the public utility should also record the combined busy-out rate for the public utility as a whole.

 (c) The call abandonment rate for each call center or business office, or both. If the public utility records data for more than one call center or business office, the public utility should also record the combined call abandonment rate for the public utility as a whole.

§ 63.60. [Automatic Dialing Announcing Devices (ADAD)] (Reserved).

 [(a) Upon receipt of a complaint in which the complainant can identify the ADAD user, the public utility shall inform the ADAD user of the service standards set forth in subsection (b). A subsequent complaint may result, after notice, in suspension of the ADAD user's service.

 (b) A public utility may not knowingly permit an ADAD to be connected or operated over its network unless one of the following applies:

 (1) A prior written agreement exists between the called and calling parties.

 (2) The ADAD is used in accordance with the following standards:

 (i) Within 10 seconds after the called-party terminates the call, the ADAD automatically shall create a disconnect signal or an on-hook condition allowing the called-party's line to be released. The ADAD shall terminate calls completed and a disconnect or an on-hook condition shall be created within 15 seconds of termination.

 (ii) The recorded message shall begin with, or be preceded by, a statement announcing the name, address and call-back telephone number of the calling party, the nature and purpose of the ensuing message, and the fact the message is a recording.

 (iii) No calls are permitted to be made to emergency telephone numbers of hospitals, fire departments, law enforcement offices or other entities providing emergency services.

 (iv) No calls may be made on a Sunday before 1:30 p.m. or after 9 p.m. or before 9 a.m. or after 9 p.m. during the remainder of the week.

 (v) The public utility shall make a determination either at the time of application for use or at the time the utility becomes aware of the use of the ADAD that no substantial impairment of service will occur as a result of the use of ADAD.]

§ 63.61. [Local dial service] (Reserved).

 [(a) A public utility shall operate and maintain central office and interoffice channel capacity and equipment adequate to achieve the following minimum service requirements during the average busy season, busy hour:

 (1) Ninety-eight percent of calls shall be provided a dial tone within 3 seconds.

 (2) Ninety-seven percent of correctly dialed intraoffice calls shall be completed.

 (3) Ninety-six percent of correctly dialed interoffice calls shall be completed.

 (b) For purposes of this section, completion is accomplished when either a ringing or busy signal resulting only from use of the called line occurs.]

§ 63.62. [Direct distance dial service] (Reserved).

 [(a) A public utility shall operate and maintain trunk and related switching components in the intertoll network adequate to achieve the following minimum service requirements for operator unassisted, properly dialed, direct distance dialed calls during the average busy season:

 (1) Ninety-seven percent of outgoing calls by customers shall be completed to the trunk group.

 (2) Ninety-eight percent of incoming calls by customers shall be completed from the trunk group.

 (b) This section applies only to calls placed exclusively over the facilities of the public utility or over which the utility leases for the completion of local exchange calls.]

§ 63.63. Transmission requirements and standards.

 (a) A telecommunications public utility shall furnish, operate and maintain facilities adequate to provide acceptable transmission of communications. Transmission shall be at adequate volume levels and free of excessive interference, distortion, noise and cross talk.

 (b) The transmission standards shall be based upon the use of telephone sets connected to a 48-Volt dial central office, measured at a frequency of 1000 Hertz (Hz)] The provisions of this subsection shall apply to each wire center or other geographic area defined by the jurisdictional telecommunications public utility where the utility has fully deployed a jurisdictional fiber-optic network.

 [(c) A telephone line terminating at a customer's premises shall have a loop resistance not exceeding the operating design of the associated central office equipment.

 (d) Overall transmission loss on a customer loop shall not exceed 15 decibels.]

§ 63.64. Metering inspections and tests.

 (a) A telecommunications public utility shall adopt a program of periodic tests, inspections and preventive maintenance aimed at achieving efficient operation of its system and the rendition of safe, adequate and continuous service.

 (b) A telecommunications public utility shall maintain or have access to test facilities enabling it to determine the operating and transmission capabilities of equipment and facilities, both for routine maintenance and for trouble location. The actual transmission performance of the network shall be monitored in order to determine if the established objectives and operating requirements are met. The monitoring function shall consist of circuit order test prior to placing trunks in service, routine periodic trunk maintenance tests, tests of actual switched trunk connections, periodic noise tests of a sample of customer loops in each exchange and special transmission surveys of the network.

 (c) If a meter is used in connection with [telephone] telecommunications service, it shall be read, where applicable, at monthly intervals. The meter reading records from which the customers' bills are prepared shall show:

 (1) Identifying number or means to determine readily the customer's name, address and service classification.

 (2) Meter readings.

 (3) Date of meter reading.

 (4) Multiplier or constant if used.

 [(d) A meter or other recording device used to record data and prepare customers' bills shall be in good mechanical and electrical condition, shall be accurately read and may not involve approximations. A meter or recording device shall accurately perform the following:

 (1) For message rate service, if timing the length of message is not involved, the meter or recording device shall show the number of completed messages sent by the station or trunk which it is measuring.

 (2) For measured rate or toll service when, in addition to recording a call, it is necessary to time the call, the recording device shall show the number of calls, and the chargeable time involved in each call and the station or trunk making the call. If a meter is associated with the station making the call, the meter shall accumulate the number of message units for these calls.

 (3) If the recording equipment provides customer bills, accurate interpretation of the coded information is required.

 (e) A telephone] (d) 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 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)] (e) 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) Upon request of a customer, a public utility shall make a test of a meter and recording device related to the billing. The requests may not be made more often than once every 3 months unless unusual circumstances exist.

 (h) A customer, by request to the Commission, may have a test conducted by the public utility in the presence of a Commission representative.]

§ 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 Health Act (OSHA) standards, 29 CFR Parts 1910—1999 [which:

 (1) Require employees to use suitable tools and equipment and to perform their work in a safe manner.

 (2) Instruct employees in safe work practices.

 (3) Instruct employees as to proper methods of artificial respiration for use in accidents, such as electric shock, asphyxiation and drowning.

 (4) Exercise reasonable care in minimizing hazards to which employees, customers and the general public may be subjected] as amended from time to time.

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