2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 30 - Alternative Form of Regulation of Telecommunications Services
3012 - Definitions.

     § 3012.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Advanced service."  A retail telecommunications service
     that, regardless of transmission medium or technology, is
     capable of supporting a minimum speed of 200 kilobits per second
     (Kbps) in at least one direction at the network demarcation
     point of the customer's premises.
        "Aggregator telephone."  A telephone which is made available
     to the transient public, customers or patrons, including, but
     not limited to, coin telephones, credit card telephones and
     telephones located in hotels, motels, hospitals and
     universities.
        "Alternative form of regulation."  A form of regulation of
     telecommunications services other than the traditional rate base
     or rate of return regulation, including a streamlined form of
     regulation, as approved by the commission.
        "Alternative service provider."  An entity that provides
     telecommunications services in competition with a local exchange
     telecommunications company.
        "Bona fide retail request."  A written request for service
     which meets the requirements of section 3014(c) (relating to
     network modernization plans), is received by a local exchange
     telecommunications company and through which end users commit to
     subscribe to an advanced service.
        "Bona fide retail request program."  A program established by
     a local exchange telecommunications company pursuant to section
     3014(c) (relating to network modernization plans).
        "Broadband."  A communication channel using any technology
     and having a bandwidth equal to or greater than 1.544 megabits
     per second (Mbps) in the downstream direction and equal to or
     greater than 128 kilobits per second (Kbps) in the upstream
     direction.
        "Broadband availability."  Access to broadband service by a
     retail telephone customer of a local exchange telecommunications
     company.
        "Broadband Outreach and Aggregation Program."  A program
     established by the Department of Community and Economic
     Development pursuant to section 3014(i) (relating to network
     modernization plans).
        "Business Attraction or Retention Program."  A program
     established by a local exchange telecommunications company
     pursuant to section 3014(d) (relating to network modernization
     plans).
        "Central office."  A local exchange telecommunications
     company switch used to provide local exchange telecommunications
     service.
        "Community."  Those customers of a local exchange
     telecommunications company served by an existing or planned
     remote terminal or, where no remote terminal exists or is
     planned, a central office switch.
        "Competitive service."  A service or business activity
     determined to be competitive by the commission on or prior to
     December 31, 2003, and a service or business activity determined
     or declared to be competitive pursuant to section 3016 (relating
     to competitive services).
        "Department."  The Department of Community and Economic
     Development of the Commonwealth.
        "Education Technology Fund" or "E-Fund."  The fund
     established under section 3015(d) (relating to alternative forms
     of regulation).
        "Education Technology Program."  The program established by
     the Department of Education pursuant to section 3014(j)
     (relating to network modernization plans).
        "Eligible telecommunications carrier."  A carrier designated
     by the Pennsylvania Public Utility Commission pursuant to 47 CFR
     54.201 (relating to definition of eligible telecommunications
     carriers, generally) or successor regulation as eligible to
     receive support from the Federal Universal Service Fund.
        "Eligible telecommunications customer."  A customer of an
     eligible telecommunications carrier who qualifies for Lifeline
     service discounts pursuant to the requirements of 47 CFR 54.409
     (relating to consumer qualification for Lifeline) or successor
     regulation.
        "Fund."  The Broadband Outreach and Aggregation Fund
     established under section 3015(c) (relating to alternative forms
     of regulation).
        "Gross Domestic Product Price Index" or "GDP-PI."  The Gross
     Domestic Product Fixed Weight Price Index as calculated by the
     United States Department of Commerce or a successor price index.
        "Health care facility."  The term shall have the same meaning
     given to it in the act of July 19, 1979 (P.L.130, No.48), known
     as the Health Care Facilities Act.
        "Industrial development agency."  An industrial development
     agency under the act of May 17, 1956 (1955 P.L.1609, No.537),
     known as the Pennsylvania Industrial Development Authority Act,
     that has been certified by the Pennsylvania Industrial
     Development Authority under section 5.2 of that act.
        "Inflation offset."  The part of the price change formula in
     the price stability mechanism that reflects an offset to the
     Gross Domestic Product Price Index or Successor Price Index.
        "Interexchange services."  The transmission of interLATA or
     intraLATA toll messages or data outside the local calling area.
        "Interexchange telecommunications carrier."  A carrier other
     than a local exchange telecommunications company authorized by
     the commission to provide interexchange services.
        "Lifeline service."  A discounted rate local service
     offering, as defined in 47 CFR 54.401 (relating to Lifeline
     defined) or successor regulation, but excluding any offering
     funded in part by Federal Universal Service Fund Tier Three
     funding under 47 CFR 54.403 (relating to Lifeline support
     amount) or successor regulation.
        "Local development district."  A multicounty economic and
     community development organization established to provide
     regional planning and development services to improve the
     economy and quality of life in a particular region through a
     variety of activities, including, but not limited to, the
     fostering of public and private partnerships and providing
     assistance to businesses.
        "Local exchange telecommunications company."  An incumbent
     carrier authorized by the commission to provide local exchange
     telecommunications services. The term includes a rural
     telecommunications carrier and a nonrural telecommunications
     carrier.
        "Local exchange telecommunications service."  The
     transmission of messages or communications that originate and
     terminate within a prescribed local calling area.
        "Network modernization plan."  A plan for the deployment of
     broadband service by a local exchange telecommunications company
     under this chapter or any prior law of this Commonwealth.
        "Noncompetitive service."  A regulated telecommunications
     service or business activity that has not been determined or
     declared to be competitive.
        "Nonprotected service."  Any telecommunications service
     provided by a local exchange telecommunications company that is
     not a protected service.
        "Nonrural telecommunications carrier."  A local exchange
     telecommunications company that is not a rural telephone company
     as defined in section 3 of the Telecommunications Act of 1996
     (Public Law 104-104, 110 Stat. 56).
        "Optional calling plan."  A discounted toll plan offered by
     either a local exchange telecommunications company or an
     interexchange telecommunications carrier.
        "Political subdivision."  Any county, city, borough,
     incorporated town, township, municipality, municipal authority
     or county institution district.
        "Price stability mechanism."  A formula which may be included
     in a commission-approved alternative form of regulation plan
     that permits rates for noncompetitive services to be adjusted
     upward or downward.
        "Protected service."  The following telecommunications
     services provided by a local exchange telecommunications company
     unless the commission has determined the service to be
     competitive:
            (1)  Service provided to residential consumers or
        business consumers that is necessary to complete a local
        exchange call.
            (2)  Touch-tone service.
            (3)  Switched access service.
            (4)  Special access service.
            (5)  Ordering, installation, restoration and
        disconnection of these services.
        "Remote terminal."  A structure located outside of a central
     office which houses electronic equipment and which provides
     transport for telecommunications services to and from a central
     office.
        "Rural telecommunications carrier."  A local exchange
     telecommunications company that is a rural telephone company as
     defined in section 3 of the Telecommunications Act of 1996
     (Public Law 104-104, 110 Stat. 56).
        "School entity."  An intermediate unit, school district,
     joint school district, area vocational-technical school,
     independent school, licensed private academic school, accredited
     school and any other public or nonpublic school serving students
     in any grade from kindergarten through 12th grade.
        "Special access service."  Service provided over dedicated,
     nonswitched facilities by local exchange telecommunications
     companies to interexchange telecommunications carriers or other
     large volume users which provides connection between an
     interexchange telecommunications carrier or private network and
     a customer's premises.
        "Switched access service."  A service which provides for the
     use of common terminating, switching and trunking facilities of
     a local exchange telecommunications company's public switched
     network. The term includes, but is not limited to, the rates for
     local switching, common and dedicated transport and the carrier
     charge.
        "Telecommunications Act of 1996."  The Telecommunications Act
     of 1996 (Public Law 104-104, 110 Stat. 56).
        "Telecommunications carrier."  An entity that provides
     telecommunications services subject to the jurisdiction of the
     commission.
        "Telecommunications service."  The offering of the
     transmission of messages or communications for a fee to the
     public.
        "Universal broadband availability."  Access to broadband
     service by each telephone customer of a local exchange
     telecommunications company.
     (Nov. 30, 2004, P.L.1398, No.183, eff. imd.)

        2004 Amendment.  Act 183 added section 3012.