There is a newer version of the Pennsylvania Consolidated Statutes
2010 Pennsylvania Code
Title 66 - PUBLIC UTILITIES
Chapter 30 - Alternative Form of Regulation of Telecommunications Services
3014 - Network modernization plans.
§ 3014. Network modernization plans.
(a) Continuation of approved plan.--A local exchange
telecommunications company that does not elect an option under
subsection (b) shall remain subject to its network modernization
plan in effect as of December 31, 2003, without revision or
modification except by agreement under section 3013(b) (relating
to continuation of commission-approved alternative regulation
and network modernization plans) and as provided in this section
through December 31, 2015.
(b) Options for amendment of network modernization plan.--
Local exchange telecommunications companies shall have the
following options:
(1) (i) A rural telecommunications carrier that elects
to amend its network modernization plan pursuant to this
subsection shall remain subject to the carrier's network
modernization plan in effect as of December 31, 2003, as
amended pursuant to this subsection, through December 31,
2008. Prior to implementation of such election, the rural
telecommunications carrier shall comply with the
notification requirements of subsection (e).
(ii) The rural telecommunications carrier shall
commit to accelerate 100% broadband availability by
December 31, 2008, in its amended network modernization
plan. Any rural telecommunications carrier electing this
option shall not be required to offer a bona fide retail
request program or a business attraction or retention
program.
(2) (i) A rural telecommunications carrier that elects
to amend its network modernization plan pursuant to this
subsection shall remain subject to the carrier's network
modernization plan in effect as of December 31, 2003, as
amended pursuant to this subsection, through December 31,
2013, or December 31, 2015, as applicable. Prior to
implementation of such election, the rural
telecommunications carrier shall comply with the
notification requirements of subsection (e).
(ii) The rural telecommunications carrier shall
commit:
(A) to accelerate broadband availability to at
least 80% of its total retail access lines in its
distribution network by December 31, 2010, and 100%
of its total retail access lines in its distribution
network by December 31, 2013; or
(B) to accelerate broadband availability to at
least 80% of its total retail access lines in its
distribution network by December 31, 2010, and 100%
of its total retail access lines in its distribution
network by December 31, 2015; and
(C) to offer a bona fide retail request program
and a business attraction or retention program
pursuant to subsections (c) and (d). Under no
circumstances may the rural telecommunications
carrier reduce its existing broadband availability
commitment.
(3) (i) A nonrural telecommunications carrier that
elects to amend its network modernization plan pursuant
to this subsection shall remain subject to such carrier's
network modernization plan in effect as of December 31,
2003, as amended pursuant to this subsection, including
meeting its 100% broadband availability commitment. Prior
to implementation of such election, the nonrural
telecommunications carrier shall comply with the
notification requirements of subsection (e).
(ii) The nonrural telecommunications carrier shall
commit:
(A) to provide broadband availability to 100% of
its total retail access lines in its distribution
network by December 31, 2013, or December 31, 2015;
and
(B) to offer a bona fide retail request program
and a business attraction or retention program
pursuant to subsections (c) and (d). Under no
circumstances may such nonrural telecommunications
carrier reduce its existing broadband availability
commitment.
(4) A local exchange telecommunications company that
elects under paragraph (1), (2) or (3) shall also commit to
universal broadband deployment in or adjacent to public
rights-of-way abutting all public schools, including the
administration offices supporting public schools, industrial
parks and health care facilities in its service territory on
or before December 31, 2005, except that a local exchange
telecommunications company serving more than ten exchanges in
this Commonwealth may elect to extend this commitment from
December 31, 2005, to December 31, 2006, for any exchange
with less than 4,000 access lines.
(5) A local exchange telecommunications company that
elects under paragraph (1), (2) or (3) may amend its network
modernization plan to extend the period of time within which
broadband service must be made available to a customer to up
to ten business days after the customer's request for
broadband service.
(6) A local exchange telecommunications company
operating under an amended network modernization plan may
subsequently petition the commission for approval of further
modification of its amended network modernization plan, which
the commission may grant upon good cause shown.
(7) A rural telecommunications carrier serving less than
50,000 access lines in this Commonwealth making an election
pursuant to paragraph (1) and filing its amended network
modernization plan with the commission pursuant to subsection
(e) shall be granted by the commission a suspension of
section 251(c)(2), (3), (4), (5) and (6) obligations under
the Telecommunications Act of 1996. This suspension of
obligations shall expire December 31, 2008, unless extended
by the commission. Should the commission, following a
hearing, determine that the rural telecommunications carrier
has failed to timely meet its commitments pursuant to this
paragraph, the suspension of obligations shall expire upon
entry of the commission order making such determination.
Expiration of the suspension of obligations shall not impact
the rural telephone company exemption of the rural
telecommunications carrier under section 251(f)(1) of the
Telecommunications Act of 1996.
(8) A local exchange telecommunications company may
accelerate its broadband availability commitment by electing
an additional option pursuant to paragraph (1), (2) or (3),
as applicable, at a later date. The local exchange
telecommunications company shall be subject to the applicable
modified inflation offset in its price stability mechanism as
set forth in section 3015(a)(1) (relating to alternative
forms of regulation) effective upon the filing of an amended
network modernization plan under subsection (e).
(c) Bona fide retail request program.--A local exchange
telecommunications company that elects to amend its network
modernization plan pursuant to subsection (b)(2) or (3) shall no
later than 90 days after the effective date of its amended plan
implement a bona fide retail request program in areas where it
does not provide broadband. Not later than 30 days in advance of
program implementation, the local exchange telecommunications
company shall file with the commission and provide the
department with a written description of the program, a sample
request for advanced services form for use in the program and
the form of any advanced services term subscription agreements
customers will be required to execute in connection with
receiving the requested services. A bona fide retail request
program shall consist of the following:
(1) Any person, business, local development district,
industrial development agency or other entity seeking
advanced services pursuant to a bona fide retail request
program shall submit a written request for such services to
the local exchange telecommunications company or to the
department in accordance with subsection (d). The written
request may be in the form of a petition which includes the
information required by paragraph (2), in the form provided
by the department under subsection (d) which includes the
information required by paragraph (2) or in the form of
individual requests each of which includes the information
required by paragraph (2). If individual requests are
received, the local exchange telecommunications company shall
aggregate requests for the same service and initiate
appropriate action pursuant to this subsection when the
required number of requests have been received.
(2) To be considered a bona fide retail request, the
written request must include:
(i) a request that a minimum of 50 retail access
lines or 25% of retail access lines within a community,
whichever is less, each be provided the same advanced
service or comparable advanced services having a
bandwidth within 100 kilobits per second (Kbps) of each
other. Notwithstanding the foregoing comparable bandwidth
limitation, where a request includes individual customer
requests for advanced services having equal to or less
than 1.544 megabits per second (Mbps) bandwidth in the
downstream direction, all lines in the request shall be
counted in meeting the minimum line requirement of this
subparagraph;
(ii) the name, address, telephone number and
signature of each existing retail customer requesting the
advanced service, the advanced service being requested
and the number of access lines for which the advanced
service is being requested;
(iii) the name, address and telephone number of a
designated contact person where the request is made by or
on behalf of more than one person or business; and
(iv) a commitment by each customer who signs the
request to subscribe to the requested service for one
year, subject to the local exchange telecommunications
company's identification of the price and terms of the
service and the customer's agreement to the price and
terms.
(3) In administering the bona fide retail request
program, the local exchange telecommunications company shall:
(i) establish an Internet website and toll-free
telephone number to address customer inquiries regarding
the program;
(ii) mail a request form to a customer upon request;
(iii) confirm its receipt of any completed request
in writing to the customer and identify the service
requested;
(iv) as part of the written confirmation, if
available, or in a subsequent written communication to
the customer, provide the customer the applicable rate,
the contract term, the status of the request and a term
subscription agreement for execution; and
(v) notify the customers in a community, within 30
days of receipt of a bona fide request, of the expected
date of the availability of the requesters' service.
(4) When a bona fide retail request has been received
that meets the requirements of paragraph (2), the local
exchange telecommunications company shall provide the
requested advanced service, or other reasonably comparable
service having a bandwidth within 100 kilobits per second
(Kbps) of the requested service, to the community as soon as
practicable, but in no event later than 365 days of the date
the requirements of paragraph (2) have been met or within the
period approved by the commission under paragraph (5) or (6)
where:
(i) the local exchange telecommunications company
provides the requested advanced service to other
customers in its service territory;
(ii) no service is available to the requesting
customers from an alternative service provider at or
within 100 kilobits per second (Kbps) of the data speed
requested or such service is available at a price that
exceeds the then current price offered by the local
exchange telecommunications company by more than 50%;
(iii) the community is situated within the service
territory of the local exchange telecommunications
company; and
(iv) the local exchange telecommunications company
does not have to provide fiber to the customer's premises
to furnish the requested advanced service.
(5) Where, as a result of property acquisition,
including acquiring rights-of-way, or new construction, a
local exchange telecommunications company is unable to
provide the requested advanced service within the one-year
period set forth in paragraph (4), the company may petition
the commission for an extension of up to six months, with
service upon the customer or customers who made the bona fide
retail request and the department if the department submitted
the request on behalf of the customer or customers. The
commission may delegate its authority to rule on such
petitions to a bureau director or other appropriate employee
who shall grant the petition for good cause shown.
(6) Where the total number of bona fide retail requests
received by any local exchange telecommunications company or
affiliated companies that meet the requirements of paragraphs
(2) and (4) exceed 40 requests in any 12-month period or
where there are more than 20 such requests that require
property acquisition, including acquiring rights-of-way, or
new construction in any 12-month period, the local exchange
telecommunications company or companies may provide a
verified certification to the commission that one or both of
the previously stated criteria are met, with service upon the
customer or customers who made the additional requests and
upon the department if the department submitted any such
requests. Upon receipt of the certification, the commission
or the commission through its designated staff shall permit
the local exchange telecommunications company or companies to
extend the time for such deployments for a period of no more
than 12 months unless the commission determines an additional
time period to be just and reasonable. If a deployment is
extended, it shall be counted in determining the maximum
number of deployments provided for under this subsection in
any 12-month period covering the month to which it is
extended.
(7) No advanced service requested and deployed by a
local exchange telecommunications company under the bona fide
retail request program which has a bandwidth of less than
1.544 megabits per second (Mbps) in the downstream direction
shall be counted as a credit toward the local exchange
telecommunications company's broadband deployment obligation
under its network modernization plan amended pursuant to
subsection (b)(2) or (3).
(8) With regard to requests submitted under this
subsection, a retail customer may challenge the action of a
local exchange telecommunications company pursuant to section
701 (relating to complaints).
(9) Local exchange telecommunications companies with
bona fide retail request programs shall provide semiannual
reports to the commission and the department of the number of
requests for advanced services received during the reporting
period by exchange or density cell and the action taken on
requests meeting the requirements of this subsection.
(10) A local exchange telecommunication company's bona
fide retail request program established under this subsection
shall continue through December 31, 2015, or such earlier
date as the local exchange telecommunications company
achieves 100% broadband availability throughout its service
territory.
(11) In addition to adjudicating any complaints brought
by customers under paragraph (8), the commission shall
monitor and enforce the compliance of participating local
exchange telecommunications companies with their obligations
under this subsection.
(d) Business attraction or retention program.--
(1) Not later than 90 days after amending its network
modernization plan under subsection (b)(2) or (3), the local
exchange telecommunications company shall establish a
business attraction or retention program to permit the
department to aggregate customer demand where necessary and
facilitate the deployment of advanced or broadband services
to qualifying businesses which the department seeks to
attract to or retain in this Commonwealth and whose requests
for such services are submitted by or through the department.
(2) Each local exchange telecommunications company which
amends its network modernization plan under subsection (b)(2)
or (3) not later than 90 days after the effective date of its
amended plan shall designate a single point of contact to
receive all written advanced or broadband service requests
forwarded by the department, provide associated contact
information to the department and provide the department and
the commission with a written description of its
participation in the program and a sample request for
advanced or broadband services form for use in the program.
(3) The department may submit a request to the
applicable local exchange telecommunications company by or on
behalf of qualifying businesses in areas that the department
deems priority areas for economic development, including and
giving preference to keystone opportunity zones, keystone
opportunity expansion zones, enterprise zones, keystone
opportunity improvement zones and other areas identified by
the department as lacking adequate access to advanced or
broadband services which would be important in order to
promote economic development projects in those areas.
(4) The department shall establish an advisory committee
that shall consist of representatives of each local exchange
telecommunications company with a business attraction or
retention program, local development districts and other
local economic and industrial development agencies to assist
the department in developing protocols and procedures for
implementing these programs pursuant to this subsection.
(5) Qualifying business or businesses' requests for
advanced services submitted by the department that are
provisioned through the bona fide retail request program
shall be processed in accordance with subsection (c) and
shall be allocated 50% of the maximum number of annual
deployments referenced in subsection (c)(6). Other requests
shall be allocated 50% of the number of such deployments,
provided, however, that any allocated deployments that are
unused may be utilized by the department or nondepartment
applicants, as applicable.
(6) For qualifying business or businesses whose request
for advanced services is determined by the local exchange
telecommunications company to be better processed outside of
the bona fide retail request program, the local exchange
telecommunications company shall make a proposal to the
requesting business or businesses to provide the requested
advanced or broadband service and subsequently shall
provision such service. The local exchange telecommunications
company shall advise the department and the business or
businesses within 30 days of the date the contract is signed
of the date by which the requested advanced or broadband
service will be provided, which date shall be not later than
one year after the date the contract is signed unless the
business or businesses agree to a longer period or the local
exchange telecommunications company obtains commission
approval of an extension under the same procedure set forth
in subsection (c)(5).
(7) No advanced service requested of and deployed by a
local exchange telecommunications company under the Business
Attraction or Retention Program which has a bandwidth of less
than 1.544 megabits per second (Mbps) in the downstream
direction shall be counted as a credit toward the local
exchange telecommunication company's broadband deployment
obligation under its network modernization plan amended under
subsection (b)(2) or (3).
(8) Each local exchange telecommunications company which
is required to participate in the department's Business
Attraction or Retention Program shall continue its
participation through December 31, 2015, or such earlier date
as it achieves 100% broadband availability throughout its
service territory.
(9) The department shall oversee local exchange
telecommunications company participation in the Business
Attraction or Retention Program, including the timely
completion of qualifying advanced or broadband services
requests submitted by or through the department which are
processed within or outside of the participating local
exchange telecommunications companies' bona fide retail
request programs.
(10) The commission shall monitor and enforce the
compliance of participating local exchange telecommunications
companies with their obligations under the Business
Attraction or Retention Program.
(e) Notice of filing of amendments.--A local exchange
telecommunications company that elects to amend its network
modernization plan under subsection (b) shall notify the
commission in writing of such election and, within 60 days
following such notification, file its amended network
modernization plan with the commission. Copies of the written
notice of election and of the amended network modernization plan
shall be served by the local exchange telecommunications company
on the Office of Consumer Advocate and the Office of Small
Business Advocate. Concurrent with the filing of the amended
plan with the commission, the local exchange telecommunications
company shall publish notice of such filing in a newspaper or
newspapers of general circulation in its service territory or by
bill message or insert. An amended plan compliant with the
requirements of this chapter shall be approved by the commission
within 100 days of its filing. If the commission fails to act
within 100 days, the amended plan shall be deemed approved.
(f) Network modernization plan report.--
(1) A local exchange telecommunications company
operating under a network modernization plan shall continue
to file with the commission biennial reports on its provision
of broadband availability in the form and detail required by
the commission as of July 1, 2004, unless such reporting
requirements are subsequently reduced by the commission.
(2) Nothing in this subsection shall be construed to
impede the ability of the commission to require the
submission of further information to support the accuracy of
or to seek an explanation of the reports specified in this
subsection.
(3) Under no circumstances shall the commission compel
the public release of maps or other information describing
the actual location of a local exchange telecommunications
company's facilities.
(g) Assistance to political subdivisions.--A local exchange
telecommunications company shall commit in its amended network
modernization plan to make technical assistance available to
political subdivisions located in its service territory in
pursuing the deployment of additional telecommunications
infrastructure or services by the local exchange
telecommunications company.
(h) Prohibition against political subdivision advanced and
broadband services deployment.--
(1) Except as otherwise provided for under paragraph
(2), a political subdivision or any entity established by a
political subdivision may not provide to the public for
compensation any telecommunications services, including
advanced and broadband services, within the service territory
of a local exchange telecommunications company operating
under a network modernization plan.
(2) A political subdivision may offer advanced or
broadband services if the political subdivision has submitted
a written request for the deployment of such service to the
local exchange telecommunications company serving the area
and, within two months of receipt of the request, the local
exchange telecommunications company or one of its affiliates
has not agreed to provide the data speeds requested. If the
local exchange telecommunications company or one of its
affiliates agrees to provide the data speeds requested, then
it must do so within 14 months of receipt of the request.
(3) The prohibition in paragraph (1) shall not be
construed to preclude the continued provision or offering of
telecommunications services by a political subdivision of the
same type and scope as were being provided on the effective
date of this section.
(i) Broadband Outreach and Aggregation Program.--
(1) The department shall establish a Broadband Outreach
and Aggregation Program for the purpose of making
expenditures and providing grants from the Broadband Outreach
and Aggregation Fund established under section 3015(c)
(relating to alternative forms of regulation) for:
(i) Outreach programs for political subdivisions,
economic development entities, schools, health care
facilities, businesses and residential customers
concerning the benefits, use and procurement of broadband
services; and
(ii) Seed grants to aggregate customer demand for
broadband services in communities or political
subdivisions with limited access to such services and to
permit customers in such communities or political
subdivisions to request such services from a
telecommunications provider.
(2) The department shall annually report to the
commission on all payments to and expenditures from the
Broadband Outreach and Aggregation Fund, and the commission
shall verify the accuracy of the contributions from the
participating local exchange telecommunications companies.
(j) Education Technology Program.--
(1) The Department of Education shall establish an
Education Technology Program for the purpose of providing
grants to school entities from the Education Technology Fund
(E-Fund) established under section 3015(d).
(2) The Department of Education shall authorize grants
from the E-Fund for the following purposes:
(i) Purchase or lease of telecommunications
services, infrastructure or facilities to establish and
support broadband networks between, among and within
school entities and not for the provision of
telecommunications services to the public for
compensation.
(ii) Purchase or lease of premises
telecommunications network equipment and end-user
equipment to enable the effective use of broadband
networks between, among and within school entities and
not for the provision of telecommunications services to
the public for compensation.
(iii) Distance learning initiatives that use the
foregoing broadband networks.
(iv) Technical support services for the activities
described in subparagraphs (i) through (iii).
(3) Each applicant school entity shall be required to
provide 100% matching funds to support each E-Fund grant
request. Funds received from Federal technology programs such
as the universal service support mechanism for schools and
libraries set forth in 47 CFR Pt. 54 (relating to universal
service or successor regulations), in-kind contributions and
any other technology expenditures shall be applied toward the
matching fund requirement.
(4) No later than 90 days after the effective date of
this section, the Department of Education shall prescribe the
grant process and the form and manner of the E-Fund
application. Grants shall be limited to the funds available
in the Education Technology Fund. In awarding grants, the
Department of Education shall give priority to applications:
(i) that are submitted by school entities that seek
funds for discounted broadband services under subsection
(l) or for broadband infrastructure, facilities or
equipment from local exchange telecommunications
companies which contribute to the E-Fund;
(ii) that seek funds for regional networks that
serve multiple school districts which are filed on behalf
of multiple school districts and school entities; or
(iii) that are submitted by school entities that do
not have broadband service, provided, however, that
nothing in this subsection shall preclude the department
from awarding funds to school entities for
telecommunications services, infrastructure or facilities
that provide bandwidths greater than 1.544 megabits per
second (Mbps).
The Department of Education shall assure that the
applications funded each year are geographically dispersed
throughout the Commonwealth.
(k) Balanced deployment.--A local exchange
telecommunications company shall reasonably balance deployment
of its broadband network between rural, urban and suburban areas
within its service territory, as those areas are applicable, in
accordance with its approved network modernization plan.
(l) Broadband discounts to schools.--Each local exchange
telecommunications company that elects to amend its network
modernization plan pursuant to this section:
(1) Shall offer school customers which meet the
eligibility standards described in 47 CFR 54.501 (relating to
eligibility for services provided by telecommunications
carriers) and which agree to enter into a minimum three-year
contract a 30% discount, or greater discount at the local
exchange telecommunications company's discretion, in the
otherwise applicable tariffed distance-sensitive per-mile
rate element and also will waive the associated nonrecurring
charges for available intrastate broadband services where
used for educational purposes and not for the provision of
telecommunications services to the public for compensation.
The discount or waiver shall not be required where
application of it to a particular service would conflict with
applicable law.
(2) Will assist school customers in applying for e-rate
funding under 47 CFR 54.505 (relating to discounts).
(m) Inventory of available services.--
(1) The department shall compile, periodically update
and publish, including at its Internet website, a listing of
advanced and broadband services, by general location,
available from all advanced and broadband service providers
operating in this Commonwealth irrespective of the technology
used.
(2) All providers of advanced and broadband services
shall cooperate with the department.
(3) The department may not disclose maps or other
information describing the specific location of any
telecommunications carrier's or alternative service
provider's facilities.
(n) Construction.--Nothing in this section shall be
construed:
(1) As giving the commission the authority to require a
local exchange telecommunications company to provide specific
services or to deploy a specific technology to retail
customers seeking broadband or advanced services.
(2) As prohibiting a local exchange telecommunications
company from participating in joint ventures with other
entities in meeting its advanced services and broadband
deployment commitments under its network modernization plan.
(Nov. 30, 2004, P.L.1398, No.183)
2004 Amendment. Act 183 added section 3014, effective
January 1, 2006, as to subsec. (h)(3) and immediately as to the
remainder of the section.
Cross References. Section 3014 is referred to in sections
3012, 3015 of this title.
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