Subchapter C. ACCOUNTS AND RECORDS
Sec.
63.31. Classification of public utilities.
63.32. [Reserved].
63.33. [Reserved].
63.34. [Reserved].
63.35. Preservation of records.
63.36. Filing of annual financial reports.
63.37. Operation of the Telecommunication Relay Service System and Relay Service Fund.§ 63.31. Classification of public utilities.
For accounting and reporting purposes, jurisdictional telecommunications public utilities are classified as follows:
(1) Class A. Telecommunications public utilities that are local exchange telecommunications companies subject to an alternative form of regulation, including, but not limited to, price cap formulas, under 66 Pa.C.S. Chapter 30 (relating to alternative form of regulation of telecommunications services).
(2) Class B. Telecommunications public utilities that are local exchange telecommunications companies subject to rate base/rate of return regulation or the Plan B Simplified Ratemaking Plan approved by the Commission under 66 Pa.C.S. Chapter 30.
(3) Class C. Telecommunications public utilities that provide competitive local telecommunications services and that are not the incumbent provider in any local exchange area within this Commonwealth.
Authority The provisions of this § 63.31 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301, 1501 and 3019(b)(2) and (3).
Source The provisions of this § 63.31 adopted March 25, 1946; amended through June 30, 1969; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394; amended April 5, 2002, effective April 6, 2002, 32 Pa.B. 1723; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (359085).
Cross References This section cited in 52 Pa. Code § 56.15 (relating to billing information); and 52 Pa. Code § 56.265 (relating to billing information).
§ 63.32. [Reserved].
Authority The provisions of this § 63.32 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1501 and 1701; deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.32 adopted March 25, 1946; amended through June 30, 1969; amended December 18, 1987, effective January 1, 1988, 17 Pa.B. 5253; amended April 5, 2002, effective April 6, 2002, 32 Pa.B. 1723; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (359086).
§ 63.33. [Reserved].
Authority The provisions of this § 63.33 amended under the Public Utility Code, 66 Pa.C.S. § § 501 and 1501; deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.33 adopted March 25, 1946; amended through June 30, 1969; amended April 5, 2002, effective April 6, 2002, 32 Pa.B. 1723; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (359086) and (287763).
§ 63.34. [Reserved].
Authority The provisions of this § 63.34 deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.34 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 pages (287763), (246455) to (246456) and (340969).
§ 63.35. Preservation of records.
(a) [Reserved].
(b) Unless a different retention period is otherwise specifically addressed in this chapter, a telecommunications public utility shall be required to retain for 8 years all of the following records:
(1) Records related to an audit conducted by the Commission under section 516 of the Public Utility Code, such as but not limited to financial and management audits.
(2) Records required for review under sections 505 and 506 of the Public Utility Code.
(3) Records required for those entities remaining subject to ratemaking provisions under Chapters 13 and 30 of the Public Utility Code.
Authority The provisions of this § 63.35 amended under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 63.35 adopted March 25, 1946; amended through June 30, 1969; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (340969).
§ 63.36. Filing of annual financial reports.
Under 66 Pa.C.S. § § 504 and 3301 (relating to reports by public utilities; and civil penalties for violations), the Commission may require a public utility to file certain reports, and invoke penalties for failure to file those reports. In this regard, the following apply:
(1) Unless prior permission to do otherwise is granted, a public utility, other than transportation, subject to the jurisdiction of the Commission, shall file with the Commission annual financial reports by April 30 immediately following the reporting year, for reports based upon the calendar year, and by July 31 immediately following the reporting year for reports permitted to be based upon the fiscal year ending May 31. A request for an extension of time for filing an annual report shall be submitted to the Commission prior to the filing dates specified in this paragraph.
(2) If a public utility, other than transportation, fails to file its annual report in compliance with paragraph (1), the public utility may be subject to a penalty as provided under 66 Pa.C.S. § 3301. Continued failure to file annual reports may result in additional penalties.
Authority The provisions of this § 63.36 amended under the Public Utility Code, 66 Pa.C.S. § § 501 and 504.
Source The provisions of this § 63.36 adopted March 25, 1946; amended through June 30, 1969; amended May 6, 1988, effective May 7, 1988, 18 Pa.B. 2106. Immediately preceding text appears at serial page (125481).
Cross References This section cited in 52 Pa. Code § 101.2 (relating to definitions); and 52 Pa. Code § 101.4 (relating to reporting requirements).
§ 63.37. Operation of the Telecommunications Relay Service System and Relay Service Fund.
(a) General.
(1) The Pennsylvania Telecommunications Relay Service (TRS), the Telecommunications Devices for the Deaf Program and the Print Media Access System Program are codified in the Universal Telecommunications and Print Media Access Act (35 P. S. § § 6701.1—6701.4). The Relay Service Fund (Fund) covers eligible intrastate costs associated with the operation of the three programs. The costs are recovered from residential and business wireline access line end-users by a monthly surcharge on local service telephone bills.
(2) To permit the Commission to effectively monitor and evaluate the revenue and cost data associated with the Fund, each local exchange carrier (LEC) shall file an annual tracking report delineating monthly revenues collected and remittances for late payments for the preceding 12-month year and an annual access line summary report detailing its access line count as of December 31 of the preceding year. The tracking data are used for periodic audits of the Fund. The access line counts are used to calculate the next year’s TRS surcharge.
(b) Timely remittance of revenues.
(1) LECs shall remit the TRS surcharge revenues to the Fund administrator by the 20th of each month for revenues collected during the prior month.
(2) Delays or inaccuracies in remitting revenues to the Fund result in lost earnings by the Fund. An LEC that is late in remitting surcharge revenues shall remit an additional contribution to the Fund to make up for lost Fund earnings. The additional contribution shall be based upon the published prime rate in effect at the time of the missed due date and shall cover the period beginning at the date of the occurrence of the failure to remit and continue until the surcharge revenues are properly remitted to the Fund.
(c) Filing of TRS reports.
(1) Annual tracking report. An LEC shall submit its annual tracking report to the Secretary’s Bureau by March 31 of each year, in the format and detail specified on the Commission’s web site (www.puc.state.pa.us).
(2) Annual access line summary report. An LEC shall submit its annual access line summary report to the Secretary’s Bureau by March 1 of each year, in the format and detail specified on the Commission’s web site.
(d) Failure to remit TRS revenues or to file TRS reports. An LEC that fails to timely and accurately submit a tracking report or an access line summary report or that fails to timely and accurately submit TRS surcharge revenues may need to reimburse the Fund under subsection (b). The Commission will utilize all available remedies to ensure reporting and remittance compliance including fines and the revocation of Certificates of Public Convenience.
Authority The provisions of this § 63.37 adopted under the Universal Telecommunications and Print Media Access Act (35 P.S. § § 6701.1—6701.4).
Source The provisions of this § 63.37 adopted December 19, 2008, effective December 20, 2008, 38 Pa.B. 6924.
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