There is a newer version of the Pennsylvania Consolidated Statutes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
Telecommunications Services -
CHAPTER 30
ALTERNATIVE FORM OF REGULATION
OF TELECOMMUNICATIONS SERVICES
Sec.
3001. Declaration of policy (Repealed).
3002. Definitions (Repealed).
3003. Local exchange telecommunications company request for
alternative regulation and network modernization
implementation plan (Repealed).
3004. Commission review and approval of petition and plan
(Repealed).
3005. Competitive services (Repealed).
3006. Streamlined form of rate regulation (Repealed).
3007. Determination of access charges (Repealed).
3008. Interexchange telecommunications carrier (Repealed).
3009. Additional powers and duties (Repealed).
3010. (Reserved).
3011. Declaration of policy.
3012. Definitions.
3013. Continuation of commission-approved alternative
regulation and network modernization plans.
3014. Network modernization plans.
3015. Alternative forms of regulation.
3016. Competitive services.
3017. Access charges.
3018. Interexchange telecommunications carriers.
3019. Additional powers and duties.
Enactment. Chapter 30 was added July 8, 1993, P.L.456,
No.67, effective immediately.
Expiration. Section 4 of Act 67 of 1993 provided that
Chapter 30 shall expire on December 31, 2003, unless sooner
reenacted by the General Assembly.
§ 3001. Declaration of policy (Repealed).
2004 Repeal Note. Section 3001 was repealed November 30,
2004, P.L.1398, No.183, effective immediately.
§ 3002. Definitions (Repealed).
2004 Repeal Note. Section 3002 was repealed November 30,
2004, P.L.1398, No.183, effective immediately.
§ 3003. Local exchange telecommunications company request for
alternative regulation and network modernization
implementation plan (Repealed).
2004 Repeal Note. Section 3003 was repealed November 30,
2004, P.L.1398, No.183, effective immediately.
§ 3004. Commission review and approval of petition and plan
(Repealed).
2004 Repeal Note. Section 3004 was repealed November 30,
2004, P.L.1398, No.183, effective immediately.
§ 3005. Competitive services (Repealed).
2004 Repeal Note. Section 3005 was repealed November 30,
2004, P.L.1398, No.183, effective immediately.
§ 3006. Streamlined form of rate regulation (Repealed).
2004 Repeal Note. Section 3006 was repealed November 30,
2004, P.L.1398, No.183, effective immediately.
§ 3007. Determination of access charges (Repealed).
2004 Repeal Note. Section 3007 was repealed November 30,
2004, P.L.1398, No.183, effective immediately.
§ 3008. Interexchange telecommunications carrier (Repealed).
2004 Repeal Note. Section 3008 was repealed November 30,
2004, P.L.1398, No.183, effective immediately.
§ 3009. Additional powers and duties (Repealed).
2004 Repeal Note. Section 3009 was repealed November 30,
2004, P.L.1398, No.183, effective immediately.
§ 3010. (Reserved).
2004 Amendment. Section 3010 (Reserved) was added November
30, 2004, P.L.1398, No.183, effective immediately.
§ 3011. Declaration of policy.
The General Assembly finds and declares that it is the policy
of this Commonwealth to:
(1) Strike a balance between mandated deployment and
market-driven deployment of broadband facilities and advanced
services throughout this Commonwealth and to continue
alternative regulation of local exchange telecommunications
companies.
(2) Maintain universal telecommunications service at
affordable rates while encouraging the accelerated provision
of advanced services and deployment of a universally
available, state-of-the-art, interactive broadband
telecommunications network in rural, suburban and urban
areas, including deployment of broadband facilities in or
adjacent to public rights-of-way abutting public schools,
including the administrative offices supporting public
schools, industrial parks and health care facilities.
(3) Ensure that customers pay only reasonable charges
for protected services which shall be available on a
nondiscriminatory basis.
(4) Ensure that rates for protected services do not
subsidize the competitive ventures of telecommunications
carriers.
(5) Provide diversity in the supply of existing and
future telecommunications services and products in
telecommunications markets throughout this Commonwealth by
ensuring that rates, terms and conditions for protected
services are reasonable and do not impede the development of
competition.
(6) Ensure the efficient delivery of technological
advances and new services throughout this Commonwealth in
order to improve the quality of life for all Commonwealth
residents.
(7) Encourage the provision of telecommunications
products and services that enhance the quality of life of
people with disabilities.
(8) Promote and encourage the provision of competitive
services by a variety of service providers on equal terms
throughout all geographic areas of this Commonwealth without
jeopardizing the provision of universal telecommunications
service at affordable rates.
(9) Encourage the competitive supply of any service in
any region where there is market demand.
(10) Encourage joint ventures between local exchange
telecommunications companies and other entities where such
joint ventures accelerate, improve or otherwise assist a
local exchange telecommunications company in implementing its
network modernization plan.
(11) Establish a bona fide retail request program to
aggregate and make advanced services available in areas where
sufficient market demand exists and to supplement existing
network modernization plans.
(12) Promote and encourage the provision of advanced
services and broadband deployment in the service territories
of local exchange telecommunications companies without
jeopardizing the provision of universal service.
(13) Recognize that the regulatory obligations imposed
upon the incumbent local exchange telecommunications
companies should be reduced to levels more consistent with
those imposed upon competing alternative service providers.
(Nov. 30, 2004, P.L.1398, No.183, eff. imd.)
2004 Amendment. Act 183 added section 3011.
§ 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.
§ 3013. Continuation of commission-approved alternative
regulation and network modernization plans.
(a) General rule.--An alternative form of regulation plan
and network modernization plan approved by the commission for a
local exchange telecommunications company as of December 31,
2003, shall remain valid and effective except as may be amended
at the election of the local exchange telecommunications company
as authorized by this chapter. The commission shall allow a
previously approved plan to be amended to conform to any changes
made under this chapter and shall not require any other changes
to the plan.
(b) Limitation on changes to plans.--Except for changes to
existing alternative form of regulation and network
modernization plans as authorized by this chapter, no change to
any alternative form of regulation or network modernization plan
may be made without the express agreement of both the commission
and the local exchange telecommunications company.
(c) Grandfather provision.--All services previously
determined to be competitive as of December 31, 2003, shall
remain competitive services unless reclassified by the
commission under section 3016(c) (relating to competitive
services).
(d) Commission oversight.--The commission will continue to
exercise oversight of alternative form of regulation and network
modernization plans for local exchange telecommunications
companies as provided in this chapter.
(Nov. 30, 2004, P.L.1398, No.183, eff. imd.)
2004 Amendment. Act 183 added section 3013.
Cross References. Section 3013 is referred to in section
3014 of this title.
§ 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.
§ 3015. Alternative forms of regulation.
(a) Inflation offset.--
(1) Except as otherwise provided in paragraphs (2) and
(3), a local exchange telecommunications company with an
alternative form of regulation containing a price stability
mechanism that files an amended network modernization plan
under section 3014(b)(1), (2) or (3) (relating to network
modernization plans) shall be subject to a modified inflation
offset in its price stability mechanism in adjusting its
rates for noncompetitive services, effective upon the filing
of an amended network modernization plan under section
3014(e), as follows:
(i) If a nonrural telecommunications carrier files
an amended network modernization plan under section
3014(b)(3) that commits to deploy 100% broadband
availability by December 31, 2013, then the carrier's
inflation offset shall be zero.
(ii) If a nonrural telecommunications carrier files
an amended network modernization plan under section
3014(b)(3) that commits to deploy 100% broadband
availability by December 31, 2015, then the carrier's
inflation offset shall be equal to 0.5%.
(iii) If a rural telecommunications carrier files an
amended network modernization plan under section
3014(b)(1) that commits to deploy 100% broadband
availability by December 31, 2008, or under section
3014(b)(2)(ii)(A) that commits to deploy 100% broadband
availability by December 31, 2013, then the carrier's
inflation offset shall be zero.
(iv) If a rural telecommunications carrier files an
amended network modernization plan under section
3014(b)(2)(ii)(B) that commits to deploy 100% broadband
availability by December 31, 2015, then the carrier's
inflation offset shall be equal to 0.5%.
(2) Utilizing network modernization plan reports filed
with the commission by local exchange telecommunications
companies under section 3014(f), the commission shall monitor
and enforce companies' compliance with their interim and
final 100% commitments for broadband availability in their
amended network modernization plans. In the event that a
local exchange telecommunications company is found by the
commission, after notice and evidentiary hearings held on an
expedited basis, to have failed to meet such an interim or
final 100% commitment, then the commission shall require the
local exchange telecommunications company to refund to
customers in its next price stability filing an amount that
is just and reasonable under the circumstances. Such amount
shall not exceed an amount determined by multiplying the
percentage shortfall of the broadband availability commitment
on an access-line basis required to be met during the period
from the start of the amended plan or from the date of the
last prior interim commitment, as applicable, times the
increased revenue that was obtained during this period as a
result of the modified inflation offset provided in this
section that reduced the inflation offset applicable in the
local exchange telecommunications company's alternative
regulation plan in effect on the effective date of this
section, plus interest calculated under section 1308(d)
(relating to voluntary changes in rates). Any such refund
required under this subsection shall be separate from and in
addition to any civil or other penalties that the commission
may impose on a local exchange telecommunications company
under Chapter 33 (relating to violations and penalties).
(3) Where annual rate adjustments made under a nonrural
telecommunications carrier's price stability mechanism are
calculated using revenues from protected services, an average
rate adjustment for protected residential customer local
exchange telecommunications service lines shall be determined
by dividing the total protected service revenues associated
with such lines, as adjusted by the price stability formula,
by the number of such lines, and the rate adjustment for any
individual line shall not vary from this average rate
adjustment by more than 20%.
(b) Rate changes for rural telecommunications carriers.--
(1) In addition to the rate change provisions in its
alternative form of regulation plan, a rural
telecommunications carrier operating without a price
stability mechanism that files with the commission an amended
network modernization plan under section 3014(b)(1) or (2)
shall be permitted at any time to file proposed tariff
changes with the commission, effective 45 days after filing,
setting forth miscellaneous changes, including increases and
decreases, in rates for noncompetitive services, excluding
basic residential and business rates, provided such rate
changes do not increase the rural telecommunications
carrier's annual intrastate revenues by more than 3%.
(2) The commission tariff filing requirements and review
associated with such proposed rate changes shall be limited
to schedules submitted by the rural telecommunications
carrier detailing the impact of the rate changes on the
carrier's annual intrastate revenues.
(3) A rural telecommunications carrier that implements
noncompetitive rate changes consistent with the procedure set
forth in its alternative form of regulation plan shall be
required only to file such financial and cost data with the
commission to justify such changes as is required under its
commission-approved alternative form of regulation plan.
(4) Notwithstanding the provisions of paragraph (1), (2)
or (3), for any rural telecommunications carrier serving less
than 50,000 access lines in this Commonwealth and operating
under an alternative form of regulation plan, a formal
complaint to deny rate changes for noncompetitive services
unless signed by at least 20 customers of the rural
telecommunications carrier shall not prevent implementation
of the rate changes pending the adjudication of the formal
complaint by the commission.
(c) Broadband Outreach and Aggregation Fund.--
(1) There is hereby established within the State
Treasury a special fund to be known as the Broadband Outreach
and Aggregation Fund for the purposes enumerated in section
3014(i).
(2) A local exchange telecommunications company that
files an amended network modernization plan under section
3014(b)(2) or (3) shall be assessed by the commission for
contribution to the fund and to the E-fund established under
subsection (d) an amount of 20% of the first year's annual
revenue effect:
(i) of any rate increase permitted by the
elimination or reduction of the offset under subsection
(a) and placed into effect; or
(ii) of any rate increase placed into effect under
subsection (b)(1) if the local exchange
telecommunications company is operating without a price
stability mechanism.
For purposes of this paragraph, the term "first year's annual
revenue effect" means the projected or actual increased
revenues received by the local exchange telecommunications
company during the one-year period from the effective date of
its rate increase. The commission shall begin the assessments
provided for in this paragraph on June 30, 2005, and
thereafter shall make such assessments annually on June 30
until June 30, 2010, for assessments that include amounts for
the fund and the e-fund and until June 30, 2015, for
assessments that include amounts for only the fund. Each
assessment shall be based on the first year's annual revenue
effect of any covered rate increase effective after the date
of the last annual assessment.
(3) An amount not to exceed 50% of such assessment shall
be allocated to the fund. The remainder of the assessment
shall be allocated to the E-fund provided for under
subsection (d) until its termination on June 30, 2011. After
the E-fund termination, the maximum assessment percentage
shall be reduced from 20% to 10%, and contributions shall be
made only to the fund until the local exchange
telecommunications company achieves 100% broadband
availability. Contributions of allocated amounts shall be
paid to the fund and the E-fund by the local exchange
telecommunications company in equal quarterly installments.
(4) In no event shall the total amount of the fund
exceed $5,000,000 annually, and in the event of such
overfunding the department shall credit the overcollection to
the next year's contribution amount.
(5) A local exchange telecommunications company that
elects to amend its network modernization plan pursuant to
section 3014 (b)(1) shall not be required to contribute to
the fund.
(6) The moneys in the Broadband Outreach and Aggregation
Fund are hereby appropriated upon approval of the Governor to
the department for the purposes enumerated in paragraph (1).
The department may use up to 3% of the money in the fund for
administration.
(7) The fund shall continue until July 1, 2016, at which
time the fund shall terminate, and the department shall
return any funds remaining in the fund on a pro rata basis to
the local exchange telecommunications companies that
contributed to the fund.
(d) Education Technology Fund (E-Fund).--
(1) There is hereby established within the State
Treasury a special fund to be known as the Education
Technology Fund (E-Fund) for the purposes enumerated in
paragraph (4).
(2) All E-fund assessments imposed by the commission
under subsection (c)(2) and paragraph (3), moneys
specifically appropriated by the General Assembly for the
purposes of this subsection and any funds, contributions or
payments which may be made available to the fund by the
Federal Government, another State agency or any public or
private source for the purpose of implementing this
subsection shall be deposited in the E-Fund.
(3) Beginning in 2005 and continuing through 2010, the
commission shall, no later than June 30, annually assess each
nonrural telecommunications carrier that files an amended
network modernization plan under section 3014(b)(3) an amount
to be deposited in the E-Fund. Each carrier's annual
assessment shall be payable in two equal installments due on
October 31 of each year and January 31 of the following year
and shall be based on the relative proportion of the retail
access lines served by the nonrural telecommunications
carrier in relation to the number of retail access lines
served by all nonrural telecommunications carriers that have
filed an amended network modernization plan under section
3014(b)(3). For fiscal years 2005-2006 and 2006-2007, the
total annual assessment amount shall be $7,000,000. For
fiscal years 2007-2008, 2008-2009, 2009-2010 and 2010-2011,
the total annual assessment amount shall be the difference
between $7,000,000 and any amount remaining in the E-Fund
from prior fiscal years which remains unencumbered or
unexpended. A nonrural telecommunications carrier's
assessments required under this paragraph may not be
recovered via a surcharge on customers' bills or in rates for
noncompetitive services as exogenous change adjustment under
the provisions of the carrier's price stability mechanism and
subsection (a)(3) where applicable.
(4) Additional local exchange telecommunications company
contributions to the E-fund shall be made pursuant to the
provisions of subsections (c)(2) and (3).
(5) The Department of Education shall expend the moneys
of the E-Fund for the purpose of providing grants to school
entities as prescribed by section 3014(j).
(6) The moneys of the Education Technology Fund are
hereby appropriated upon approval of the Governor to the
Department of Education for the purposes enumerated in
paragraph (5). The Department of Education may use up to 3%
of the money for administration. Appropriations by the
General Assembly to the fund shall be continuing
appropriations and shall not lapse at the close of any fiscal
year.
(7) The E-Fund shall continue until June 30, 2011, at
which time the fund shall terminate and the Department of
Education shall return any funds remaining therein on a pro
rata basis to the local exchange telecommunications companies
that contributed to the fund.
(e) General filing requirements.--The commission's filing
and audit requirements for a local exchange telecommunications
company that is operating under an amended network modernization
plan shall be limited to the following:
(1) Network modernization plan reports filed pursuant to
section 3014(f).
(2) An annual financial report consisting of a balance
sheet and income statement.
(3) An annual deaf, speech-impaired and hearing-impaired
relay information report.
(4) An annual service report.
(5) Universal service reports.
(6) An annual access line report.
(7) An annual statement of gross intrastate operating
revenues for purposes of calculating assessments for
regulatory expenses.
(8) An annual State tax adjustment computation for years
in which a tax change has occurred, if applicable.
(9) For those companies with a bona fide retail request
program, a bona fide retail request report under section
3014(c)(9). These reports shall be submitted in the form
determined by the commission.
(f) Other reports.--
(1) Notwithstanding any other provision of this title to
the contrary, no report, statement, filing or other document
or information, except as specified in subsection (e), shall
be required of any local exchange telecommunications company
unless the commission, upon notice to the affected local
exchange telecommunications company and an opportunity to be
heard, has first made specific written findings supporting
conclusions in an entered order that:
(i) The report is necessary to ensure that the local
exchange telecommunications company is charging rates
that are in compliance with this chapter and its
effective alternative form of regulation.
(ii) The benefits of the report substantially
outweigh the attendant expense and administrative time
and effort required of the local exchange
telecommunications company to prepare it.
(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
subsection (e).
(g) Rate change limitations.--Nothing in this chapter shall
be construed to limit the requirement of section 1301 (relating
to rates to be just and reasonable) that rates shall be just and
reasonable. The annual rate change limitations set forth in a
local exchange telecommunications company's effective
commission-approved alternative form of regulation plan or any
other commission-approved annual rate change limitation shall
remain applicable and shall be deemed just and reasonable under
section 1301.
(h) Conformance of plan.--Upon approval of a local exchange
telecommunications company of network modernization plan
amendments pursuant to section 3014(e), the local exchange
telecommunications company's alternative form of regulation plan
shall be deemed amended consistent with this section.
(Nov. 30, 2004, P.L.1398, No.183, eff. imd.)
2004 Amendment. Act 183 added section 3015.
Cross References. Section 3015 is referred to in sections
3012, 3014, 3019 of this title.
§ 3016. Competitive services.
(a) Commission determination of protected, retail
nonprotected and retail noncompetitive services as
competitive.--
(1) A local exchange telecommunications company may
petition the commission for a determination of whether a
protected or retail noncompetitive service or other business
activity in its service territory or a particular geographic
area, exchange or group of exchanges or density cell within
its service territory is competitive based on the
demonstrated availability of like or substitute services or
other business activities provided or offered by alternative
service providers. The commission, after notice and hearing,
shall enter an order granting or denying the petition within
60 days of the filing date or within 150 days of the filing
date where a protest is timely filed, or the petition shall
be deemed granted.
(2) The local exchange telecommunications company shall
serve a copy of its petition on the Office of Consumer
Advocate, the Office of Small Business Advocate and each of
the parties to the commission's proceeding in which the
company's network modernization plan that was in effect on
December 31, 2003, was approved by the commission.
(3) In making its determination, the commission shall
consider all relevant information submitted to it, including
the availability of like or substitute services or other
business activities, and shall limit its determination to the
service territory or the particular geographic area, exchange
or group of exchanges or density cell in which the service or
other business activity has been proved to be competitive.
(4) The burden of proving that a protected or retail
noncompetitive service or other business activity is
competitive rests on the local exchange telecommunications
company.
(b) Declaration of retail nonprotected services as
competitive.--Notwithstanding the provisions of subsection (a),
a local exchange telecommunications company may declare any
retail nonprotected service as competitive by filing its
declaration with the commission and serving it on the Office of
Consumer Advocate, Office of Small Business Advocate and each of
the parties to the commission's proceeding in which the
company's network modernization plan that was in effect on
December 31, 2003, was approved by the commission, provided that
a local exchange telecommunications company may not use this
declaration process for any service that the commission
previously has reclassified as noncompetitive under either
subsection (c) or prior law. A declaration of a retail
nonprotected service as competitive shall be effective upon
filing by the local exchange telecommunications company with the
commission.
(c) Reclassification.--
(1) A party may petition the commission for a
determination of whether a service or other business activity
previously determined or declared to be competitive is
noncompetitive. The commission, after notice and hearing,
shall enter an order deciding the petition within 60 days of
the filing date or 90 days of the filing date where a protest
is timely filed, or the petition shall be approved.
(2) The petitioner shall serve a copy of the petition on
the affected local exchange telecommunications company if the
petitioner is not the company, the Office of Consumer
Advocate, the Office of Small Business Advocate and each of
the parties to the commission's proceeding in which the
company's network modernization plan that was in effect on
December 31, 2003, was approved by the commission.
(3) In making its determination, the commission shall
consider all relevant information submitted to it, including
the availability of like or substitute services or other
business activities, and shall limit its determination to the
particular geographic area, exchange or density cell in which
the service or other business activity has been proved to be
noncompetitive.
(4) The burden of proving that a competitive service or
other business activity should be reclassified as
noncompetitive rests on the party seeking the
reclassification.
(5) If the commission reclassifies a service or other
business activity as noncompetitive, the commission shall
determine a just and reasonable rate for the reclassified
service or business activity in accordance with section 1301
(relating to rates to be just and reasonable).
(d) Additional requirements.--
(1) The prices which a local exchange telecommunications
company charges for competitive services shall not be less
than the costs to provide the services.
(2) The commission may not require tariffs for
competitive service offerings to be filed with the
commission.
(3) A local exchange telecommunications company at its
option may tariff its rates subject to rules and regulations
applicable to the provision of competitive services.
(4) The commission may require a local exchange
telecommunications company to maintain price lists with the
commission applicable to its competitive services. Price
changes that are filed in a company's tariff for competitive
services will go into effect on a one-day notice.
(e) Pricing flexibility and bundling.--
(1) Subject to the requirements of subsection (d)(1), a
local exchange telecommunications company may price
competitive services at the company's discretion.
(2) A local exchange telecommunications company may
offer and bill to customers on one bill bundled packages of
services which include nontariffed, competitive,
noncompetitive or protected services, including services of
an affiliate, in combinations and at a single price selected
by the company. A local exchange telecommunications company
may file an informational tariff for a bundled package
effective on a one-day notice.
(3) When an alternative service provider is offering
local exchange telecommunications services within an exchange
of a rural telecommunications carrier, the rural
telecommunications carrier may reduce its prices on services
offered within the exchange below the rates set forth in its
otherwise applicable tariff in order to meet such
competition. A rural telecommunications carrier may not
offset revenue reductions resulting from such competitive
pricing by increasing rates charged to other customers
through its price stability mechanism or otherwise.
(f) Prohibitions.--
(1) A local exchange telecommunications company shall be
prohibited from using revenues earned or expenses incurred in
conjunction with noncompetitive services to subsidize
competitive services.
(2) Paragraph (1) shall not be construed to prevent the
marketing and billing of packages containing both
noncompetitive and competitive services to customers.
(Nov. 30, 2004, P.L.1398, No.183, eff. imd.)
2004 Amendment. Act 183 added section 3016.
Cross References. Section 3016 is referred to in sections
3012, 3013, 3019 of this title.
§ 3017. Access charges.
(a) General rule.--The commission may not require a local
exchange telecommunications company to reduce access rates
except on a revenue-neutral basis.
(b) Refusal to pay access charges prohibited.--No person or
entity may refuse to pay tariffed access charges for
interexchange services provided by a local exchange
telecommunications company.
(c) Limitation.--No telecommunications carrier providing
competitive local exchange telecommunications service may charge
access rates higher than those charged by the incumbent local
exchange telecommunications company in the same service
territory unless such carrier can demonstrate that the higher
access rates are cost justified.
(Nov. 30, 2004, P.L.1398, No.183, eff. imd.)
2004 Amendment. Act 183 added section 3017.
§ 3018. Interexchange telecommunications carriers.
(a) Competitive and noncompetitive services.--Interexchange
services provided by interexchange telecommunications carriers
shall be competitive services.
(b) Rate regulation.--
(1) The commission may not fix or prescribe the rates,
tolls, charges, rate structures, rate base, rate of return,
operating margin or earnings for interexchange competitive
services or otherwise regulate interexchange competitive
services except as set forth in this chapter.
(2) An interexchange telecommunications carrier may file
and maintain tariffs or price lists with the commission for
competitive telecommunications services.
(3) Nothing in this chapter shall be construed to limit
the authority of the commission to regulate the privacy of
interexchange service and the ordering, installation,
restoration and disconnection of interexchange service to
customers.
(c) Reclassification.--The commission may reclassify
telecommunications services provided by an interexchange
telecommunications carrier as noncompetitive if, after notice
and hearing, it determines, upon application of the criteria set
forth in this chapter, that sufficient competition is no longer
present.
(d) Construction.--Nothing in this chapter shall be
construed:
(1) To limit the authority of the commission to resolve
complaints regarding the quality of interexchange
telecommunications carrier service.
(2) To limit the authority of the commission to
determine whether an interexchange telecommunications carrier
should be extended the privilege of operating within this
Commonwealth or to order the filing of such reports,
documents and information as may be necessary to monitor the
market for and competitiveness of interexchange
telecommunications services.
(Nov. 30, 2004, P.L.1398, No.183, eff. imd.)
2004 Amendment. Act 183 added section 3018.
§ 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.
Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
