Subchapter B. SERVICE AND FACILITIES
Sec.
63.11. [Reserved].
63.12. [Reserved].
63.13. [Reserved].
63.14. Emergency equipment and personnel.
63.15. Complaint procedures.
63.16. [Reserved].
63.17. [Reserved].
63.18. [Reserved].
63.19. [Reserved].
63.20. [Reserved].
63.21. Directories.
63.22. Service records.
63.23. Construction and maintenance safety standards for facilities.
63.24. [Reserved].§ 63.11. [Reserved].
Source The provisions of this § 63.11 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7558. Immediately preceding text appears at serial pages (246445) to (246446).
§ 63.12. [Reserved].
Authority The provisions of this § 63.12 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501 and 1508; deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.12 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (324554).
§ 63.13. [Reserved].
Authority The provisions of this § 63.13 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501 and 1508; deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.13 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (324554) and (246447).
§ 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.
Authority The provisions of this § 63.14 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1504, 2901 and 3019(b)(2) and (3).
Source The provisions of this § 63.14 adopted March 25, 1946; amended through June 30, 1969; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (246447).
§ 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.
Authority The provisions of this § 63.15 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301, 1501, 1504, 2901 and 3019(b)(2) and (3).
Source The provisions of this § 63.15 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (246447) to (246448).
Cross References The section cited in 52 Pa. Code § 63.21 (relating to directives).
§ 63.16. [Reserved].
Authority The provisions of this § 63.16 deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.16 adopted March 25, 1946; amended through June 30, 1969; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (246448).
§ 63.17. [Reserved].
Source The provisions of this § 63.17 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; reserved July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (205882) and (225747).
§ 63.18. [Reserved].
Authority The provisions of this § 63.18 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301, 1501 and 1508; deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.18 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (246448) to (246449).
§ 63.19. [Reserved].
Authority The provisions of this § 63.19 deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.19 adopted March 25, 1946; amended through June 30, 1969; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (246449).
§ 63.20. [Reserved].
Authority The provisions of this § 63.20 deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.20 adopted March 25, 1946; amended through June 30, 1969; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (246449).
§ 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.
(d) A name shall be listed in a directory only if the following conditions are met:
(1) It leads to a positive and particular identification of a party.
(2) It is a name the party legally is authorized to use.
(3) It is a name used by the party in the community.
(4) It is a name which is not misleading, deceptive or confusing.
(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.
Authority The provisions of this § 63.21 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301, 1501, 1504, 2901 and 3019(b)(2) and (3).
Source The provisions of this § 63.21 adopted March 25, 1946; amended through June 30, 1969; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (246449) to (246450).
Notes of Decisions Duty to Inform
Duty to inform public under this section does not establish duty on part of phone company to give non-negligent legal service in its directory, where issue was raised for first time on appeal. Rice v. Bell Telephone Company of Pennsylvania, 524 A.2d 522 (Pa. Super. 1987).
§ 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].
Authority The provisions of this § 63.22 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501, 1508, 2901 and 3019(b)(2) and (3).
Source The provisions of this § 63.22 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (246450) to (246451).
Cross References This section cited in 52 Pa. Code § 63.54 (relating to record retention).
§ 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.
Authority The provisions of this § 63.23 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501 and 1508; amended under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.23 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (246451) to (246452).
§ 63.24. [Reserved].
Authority The provisions of this § 63.24 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504, 1501 and 1508; deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.24 adopted March 25, 1946; amended through June 30, 1969; amended through October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (246452) and (359085).
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