2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 30 - Alternative Form of Regulation of Telecommunications Services
3019 - Additional powers and duties. SUBPART E. MISCELLANEOUS PROVISIONS

     § 3019.  Additional powers and duties.
        (a)  General rule.--The commission may certify more than one
     telecommunications carrier to provide local exchange
     telecommunications service in a specific geographic location.
     The certification shall be granted upon a showing that it is in
     the public interest and that the applicant possesses sufficient
     technical, financial and managerial resources.
        (b)  Powers and duties retained.--The commission shall retain
     the following powers and duties relating to the regulation of
     all telecommunications carriers and interexchange
     telecommunications carriers, including the power to seek
     information necessary to facilitate the exercise of these powers
     and duties:
            (1)  To audit the accounting and reporting systems of
        telecommunications carriers relating to their transactions
        with affiliates pursuant to Chapter 21 (relating to relations
        with affiliated interests). A telecommunications carrier
        shall file affiliated interest and affiliated transaction
        agreements unless such agreements involve services declared
        to be competitive. The filings shall constitute notice to the
        commission only and shall not require approval by the
        commission.
            (2)  To review and revise quality of service standards
        contained in 52 Pa. Code (relating to public utilities) that
        address the safety, adequacy, reliability and privacy of
        telecommunications services and the ordering, installation,
        suspension, termination and restoration of any
        telecommunications service. Any review or revision shall take
        into consideration the emergence of new industry
        participants, technological advancements, service standards
        and consumer demand.
            (3)  Subject to the provisions of section 3015(e)
        (relating to alternative forms of regulation), to establish
        such additional requirements as are consistent with this
        chapter as the commission determines to be necessary to
        ensure the protection of customers.
            (4)  To condition the sale, merger, acquisition or other
        transaction required to be approved under section 1102(a)(3)
        (relating to enumeration of acts requiring certificate) of a
        local exchange telecommunications company or any facilities
        used to provide telecommunications services to ensure that
        there is no reduction in the advanced service or broadband
        deployment obligations for the affected property or
        facilities.
        (c)  (Reserved).
        (d)  Privacy of customer information.--
            (1)  Except as otherwise provided in this subsection, a
        telecommunications carrier may not disclose to any person
        information relating to any customer's patterns of use,
        equipment and network information and any accumulated records
        about customers with the exception of name, address and
        telephone number.
            (2)  A telecommunications carrier may disclose such
        information:
                (i)  Pursuant to a court order or where otherwise
            required by Federal or State law.
                (ii)  To the carrier's affiliates, agents,
            contractors or vendors and other telecommunications
            carriers or interexchange telecommunications carriers as
            permitted by Federal or State law.
                (iii)  Where the information consists of aggregate
            data which does not identify individual customers.
        (e)  Unreasonable preferences.--Nothing in this chapter shall
     be construed to limit the authority of the commission to ensure
     that local exchange telecommunications companies do not make or
     impose unreasonable preferences, discriminations or
     classifications for protected services and other noncompetitive
     services.
        (f)  Lifeline service.--
            (1)  All eligible telecommunications carriers
        certificated to provide local exchange telecommunications
        service shall provide Lifeline service to all eligible
        telecommunications customers who subscribe to such service.
            (2)  All eligible telecommunications customers who
        subscribe to Lifeline service shall be permitted to subscribe
        to any number of other eligible telecommunications carrier
        telecommunications services at the tariffed rates for such
        services.
            (3)  Whenever a prospective customer seeks to subscribe
        to local exchange telecommunications service from an eligible
        telecommunications carrier, the carrier shall explicitly
        advise the customer of the availability of Lifeline service
        and shall make reasonable efforts where appropriate to
        determine whether the customer qualifies for such service
        and, if so, whether the customer wishes to subscribe to the
        service.
            (4)  Eligible telecommunications carriers shall inform
        existing customers of the availability of Lifeline service
        twice annually by bill insert or message. The notice shall be
        conspicuous and shall provide appropriate eligibility,
        benefits and contact information for customers who wish to
        learn of the Lifeline service subscription requirements.
            (5)  When a person enrolls in a low-income program
        administered by the Department of Public Welfare that
        qualifies the person for Lifeline service, the Department of
        Public Welfare shall automatically notify that person at the
        time of enrollment of his or her eligibility for Lifeline
        service. This notification also shall provide information
        about Lifeline service, including a telephone number of and
        Lifeline subscription form for the person's current eligible
        telecommunications carrier or, if the person does not have
        telephone service, telephone numbers of eligible
        telecommunications carriers serving the person's area that
        the person can call to obtain Lifeline service. Eligible
        telecommunications carriers shall provide the Department of
        Public Welfare with Lifeline service descriptions and
        subscription forms, contact telephone numbers and a listing
        of the geographic area or areas they serve, for use by the
        Department of Public Welfare in providing the notifications
        required by this paragraph.
            (6)  No eligible telecommunications carrier shall be
        required to provide after the effective date of this section
        any new Lifeline service discount that is not fully
        subsidized by the Federal Universal Service Fund.
        (g)  Method for fixing rates.--The commission may not fix or
     prescribe the rates, tolls, charges, rate structures, rate base,
     rate of return or earnings of competitive services or otherwise
     regulate competitive services except as set forth in this
     chapter.
        (h)  Implementation.--The terms of a local exchange
     telecommunications company's alternative form of regulation and
     network modernization plans shall govern the regulation of the
     local exchange telecommunications company and, consistent with
     the provisions of this chapter, shall supersede any conflicting
     provisions of this title or other laws of this Commonwealth and
     shall specifically supersede all provisions of Chapter 13
     (relating to rates and rate making) other than sections 1301
     (relating to rates to be just and reasonable), 1302 (relating to
     tariffs; filing and inspection), 1303 (relating to adherence to
     tariffs), 1304 (relating to discrimination in rates), 1305
     (relating to advance payment of rates; interest on deposits),
     1309 (relating to rates fixed on complaint; investigation of
     costs of production) and 1312 (relating to refunds).
        (i)  Protection of employees.--
            (1)  No telecommunications carrier may discharge,
        threaten, discriminate or retaliate against an employee
        because the employee made a good faith report to the
        commission, the Office of Consumer Advocate or the Office of
        Attorney General regarding wrongdoing, waste or a potential
        violation of the commission's orders or regulations or of
        this title.
            (2)  A person who alleges a violation of this section
        must bring a civil action in a court of competent
        jurisdiction for appropriate injunctive relief or damages
        within 180 days after the occurrence of the alleged
        violation. The evidentiary burdens upon such person and the
        person's telecommunications carrier in such action shall be
        as set forth in section 3316(d) and (e) (relating to
        protection of public utility employees), provided, however,
        that upon an employee's meeting the employee's burden of
        proof under section 3316(d), a rebuttable presumption shall
        arise that the alleged reprisal by the employer constitutes a
        violation of this section.
     (Nov. 30, 2004, P.L.1398, No.183, eff. imd.)

        2004 Amendment.  Act 183 added section 3019.