SENATE AMENDED PRIOR PRINTER'S NOS. 1554, 2908, 3021, PRINTER'S NO. 4758 4645, 4719
No. 30 Session of 2003
INTRODUCED BY ADOLPH, PRESTON, BUNT, DeWEESE, McILHATTAN, LaGROTTA, FICHTER, FRANKEL, DiGIROLAMO, CRAHALLA, HARHAI, KENNEY, LAUGHLIN, LEH, RAYMOND, READSHAW, REICHLEY, RUBLEY, SAINATO, SEMMEL, TRUE, WOJNAROSKI, WRIGHT, YEWCIC, ZUG, ALLEN, ARMSTRONG, BAKER, BARD, BARRAR, BASTIAN, BEBKO-JONES, BELARDI, BELFANTI, BENNINGHOFF, BIANCUCCI, BISHOP, BOYES, BROWNE, BUTKOVITZ, CALTAGIRONE, CAPPELLI, CASORIO, CAUSER, CAWLEY, CIVERA, CLYMER, COHEN, COLEMAN, CORNELL, CORRIGAN, COSTA, COY, CREIGHTON, CRUZ, DAILEY, DALEY, DALLY, DeLUCA, DERMODY, DIVEN, DONATUCCI, EACHUS, EGOLF, FABRIZIO, FLEAGLE, FLICK, FORCIER, GABIG, GANNON, GEIST, GERGELY, GILLESPIE, GODSHALL, GOODMAN, GRUITZA, HALUSKA, HANNA, HARHART, HARPER, HARRIS, HASAY, HENNESSEY, HERMAN, HERSHEY, HESS, HICKERNELL, JAMES, KELLER, KIRKLAND, KOTIK, LEACH, LEDERER, LESCOVITZ, LEWIS, LYNCH, MAITLAND, MAJOR, MANN, MARKOSEK, MARSICO, McCALL, McGEEHAN, McGILL, McILHINNEY, McNAUGHTON, METCALFE, MICOZZIE, R. MILLER, S. MILLER, NAILOR, NICKOL, OLIVER, PALLONE, PETRI, PETRONE, PHILLIPS, PISTELLA, RIEGER, ROBERTS, ROEBUCK, RUFFING, SANTONI, SAYLOR, SCAVELLO, SCHRODER, B. SMITH, SOLOBAY, STABACK, STAIRS, STEIL, STERN, R. STEVENSON, T. STEVENSON, TANGRETTI, E. Z. TAYLOR, J. TAYLOR, TIGUE, VANCE, WALKO, WANSACZ, WASHINGTON, WATERS, WATSON, WEBER, WILLIAMS, YOUNGBLOOD, YUDICHAK, PICKETT, BIRMELIN, TRAVAGLIO, O'NEILL, ROHRER, DENLINGER, WILT, MACKERETH AND REED, APRIL 30, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 17, 2004
AN ACT 1 Amending Title 66 (Public Utilities) of the Pennsylvania <-- 2 Consolidated Statutes, further providing for residential 3 telephone service rates based on duration or distance of call 4 and for local exchange service increases and limitations; 5 adding and repealing provisions relating to alternative form 6 of regulation of telecommunications services; establishing 7 the Advanced Services Education and Aggregation Fund; 8 providing for Voice Over Internet Protocol; and making a 9 repeal.
1 AMENDING TITLE 66 (PUBLIC UTILITIES) OF THE PENNSYLVANIA <-- 2 CONSOLIDATED STATUTES, FURTHER PROVIDING FOR RESIDENTIAL 3 TELEPHONE SERVICE RATES BASED ON DURATION OR DISTANCE OF CALL 4 AND FOR LOCAL EXCHANGE SERVICE INCREASES AND LIMITATIONS; 5 ADDING AND REPEALING PROVISIONS RELATING TO ALTERNATIVE FORM 6 OF REGULATION OF TELECOMMUNICATIONS SERVICES; ESTABLISHING 7 THE BROADBAND OUTREACH AND AGGREGATION FUND; PROVIDING FOR 8 VOICE OVER INTERNET PROTOCOL; AND MAKING A REPEAL. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Sections 1325, 3001, 3002, 3003, 3004, 3005, <-- 12 3006, 3007, 3008 and 3009 of Title 66 of the Pennsylvania 13 Consolidated Statutes are repealed. 14 Section 2. Title 66 is amended by adding sections to read: 15 § 3010. (Reserved). 16 § 3011. Declaration of policy. 17 The General Assembly finds and declares that it is the policy 18 of this Commonwealth to: 19 (1) Strike a balance between mandated deployment and 20 market-driven deployment of broadband facilities and advanced 21 services throughout this Commonwealth and to continue 22 alternative regulation of local exchange telecommunications 23 companies. 24 (2) Maintain universal telecommunications service at 25 affordable rates while encouraging the accelerated provision 26 of advanced services and deployment of a universally 27 available, state-of-the-art, interactive broadband 28 telecommunications network in rural, suburban and urban 29 areas, including deployment of broadband facilities in or 30 adjacent to public rights-of-way abutting public schools, 31 including the administrative offices supporting public 32 schools, industrial parks and health care facilities. 33 (3) Ensure that customers pay only reasonable charges 20030H0030B4758 - 2 -
1 for protected services, which shall be available on a 2 nondiscriminatory basis. 3 (4) Ensure that rates for protected services do not 4 subsidize the competitive ventures of telecommunications 5 carriers. 6 (5) Provide diversity in the supply of existing and 7 future telecommunications services and products in 8 telecommunications markets throughout this Commonwealth by 9 ensuring that rates, terms and conditions for protected 10 services are reasonable and do not impede the development of 11 competition. 12 (6) Ensure the efficient delivery of technological 13 advances and new services throughout this Commonwealth in 14 order to improve the quality of life for all Commonwealth 15 residents. 16 (7) Encourage the provision of telecommunications 17 products and services that enhance the quality of life of 18 people with disabilities. 19 (8) Promote and encourage the provision of competitive 20 services by a variety of service providers on equal terms 21 throughout all geographic areas of this Commonwealth without 22 jeopardizing the provision of universal telecommunications 23 service at affordable rates. 24 (9) Encourage the competitive supply of any service in 25 any region where there is market demand. 26 (10) Encourage joint ventures between local exchange 27 telecommunications companies and other entities where such 28 joint ventures accelerate, improve or otherwise assist a 29 local exchange telecommunications company in carrying out its 30 network modernization implementation plan. 20030H0030B4758 - 3 -
1 (11) Establish a bona fide retail request program to 2 aggregate and make advanced services available in areas where 3 sufficient market demand exists and to supplement existing 4 network modernization plans. 5 (12) Promote and encourage the provision of advanced 6 services and broadband deployment in the service territories 7 of local exchange telecommunications companies without 8 jeopardizing the provision of universal service. 9 (13) Recognize that the regulatory obligations imposed 10 upon the incumbent local exchange telecommunications 11 companies should be reduced to levels more consistent with 12 those imposed upon competing alternative service providers. 13 § 3012. Definitions. 14 The following words and phrases when used in this chapter 15 shall have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Advanced service." A retail service that, regardless of 18 transmission medium or technology, is capable of supporting a 19 minimum speed of 200 kilobits per second (kbps) in at least one 20 direction at the network demarcation point of the customer's 21 premises. 22 "Aggregator telephone." A telephone which is made available 23 to the transient public, customers or patrons, including, but 24 not limited to, coin telephones, credit card telephones and 25 telephones located in hotels, motels, hospitals and 26 universities. 27 "Alternative form of regulation." A form of regulation of 28 telecommunications services other than the traditional rate 29 base/rate of return regulation, including a streamlined form of 30 regulation, as approved by the commission. 20030H0030B4758 - 4 -
1 "Alternative service provider." An entity that provides 2 telecommunications services in competition with a local exchange 3 telecommunications company. 4 "Bona fide retail request." A written request for service 5 which meets the requirements of section 3014(c)(1), (relating to 6 network modernization plans), is received by a local exchange 7 telecommunications company, and through which end users commit 8 to subscribing to an advanced service. 9 "Bona fide retail request program." A program established by 10 a local exchange telecommunications company pursuant to section 11 3014(c) (relating to network modernization plans). 12 "Broadband." A communication channel using any technology 13 and having a bandwidth equal to or greater than 1.544 megabits 14 per second in at least one direction. 15 "Broadband availability." Access to broadband service by a 16 retail telephone customer of a local exchange telecommunications 17 company. 18 "Central office." A building containing one or more local 19 exchange telecommunications company switches used to provide 20 local exchange telecommunications service. 21 "Community." Those customers of a local exchange 22 telecommunications company served by an existing or planned 23 remote terminal or, where no remote terminal exists or is 24 planned, a central office switch. 25 "Competitive service." A service or business activity 26 declared to be competitive by the commission on or prior to 27 December 31, 2003, and a service or business activity declared 28 to be competitive pursuant to section 3016 (relating to 29 competitive services). 30 "Department." The Department of Community and Economic 20030H0030B4758 - 5 -
1 Development of the Commonwealth. 2 "Eligible telecommunications carrier." A carrier designated 3 by the Pennsylvania Public Utility Commission pursuant to 47 CFR 4 54.201 (relating to definition of eligible telecommunications 5 carriers, generally) or successor regulation, as eligible to 6 receive support from the Federal Universal Service Fund. 7 "Eligible telecommunications customer." A customer of an 8 eligible telecommunications carrier who qualifies for Lifeline 9 service discounts pursuant to the requirements of 47 CFR 54.409 10 (relating to consumer qualification for Lifeline) or successor 11 regulation. 12 "Fund." The Advanced Services Education and Aggregation Fund 13 established under section 3014 (relating to network 14 modernization plans). 15 "Gross Domestic Product Price Index" or "GDP-PI." The Gross 16 Domestic Product Fixed Weight Price Index as calculated by the 17 United States Department of Commerce. 18 "Health care facility." The term shall have the same meaning 19 given to it in the act of July 19, 1979 (P.L.130, No.48), known 20 as the Health Care Facilities Act. 21 "Inflation offset." The part of the price change formula in 22 the price stability mechanism that reflects an offset to the 23 Gross Domestic Product Price Index. 24 "Interexchange services." The transmission of interLATA or 25 intraLATA toll messages or data outside the local calling area. 26 "Interexchange telecommunications carrier." A carrier other 27 than a local exchange telecommunications company authorized by 28 the commission to provide interexchange services. 29 "Lifeline service." A discounted rate local service 30 offering, as defined in 47 CFR 54.401 (relating to Lifeline 20030H0030B4758 - 6 -
1 defined) or successor regulation, but excluding any offering 2 funded in part by Federal Universal Service Fund Tier Three 3 funding under 47 CFR 54.403 (relating to Lifeline support 4 amount) or successor regulation. 5 "Local exchange telecommunications company." An incumbent 6 carrier authorized by the commission to provide local exchange 7 telecommunications services. The term includes a rural 8 telecommunications carrier and a nonrural telecommunications 9 carrier. 10 "Local exchange telecommunications service." The 11 transmission of messages or communications that originate and 12 terminate within a prescribed local calling area. 13 "Noncompetitive service." A regulated service that is not 14 declared competitive and, as to interexchange telecommunications 15 carriers, those services included in section 3018(a) (relating 16 to interexchange telecommunications carriers). 17 "Nonrural telecommunications carrier." A local exchange 18 telecommunications company that is not a rural telephone company 19 as defined in section 3 of the Telecommunications Act of 1996 20 (Public Law 104-104, 110 Stat. 56). 21 "Optional calling plan." A discounted toll plan offered by 22 either a local exchange telecommunications company or an 23 interexchange telecommunications carrier. 24 "Price stability mechanism." A formula which may be included 25 in a commission-approved alternative form of regulation plan 26 that permits rates for noncompetitive services to be adjusted 27 upward or downward. 28 "Protected service." The following telecommunications 29 services provided by a local exchange telecommunications 30 company, unless the commission determines that such service is 20030H0030B4758 - 7 -
1 competitive: 2 (1) Service provided to residential consumers or small 3 business consumers subscribing to four or fewer access lines 4 only to the extent that the service is necessary for 5 completing any local exchange call for which dial tone is 6 necessary. 7 (2) Touch-tone service. 8 (3) Switched access service. 9 (4) Special access service. 10 (5) Ordering, installation, restoration and 11 disconnection of the services specified in paragraphs (1) 12 through (4). 13 "Remote terminal." A structure located outside of a central 14 office which houses electronic equipment and which provides 15 transport for telecommunications services to and from a central 16 office switch. 17 "Rural telecommunications carrier." A local exchange 18 telecommunications company that is a rural telephone company as 19 defined in section 3 of the Telecommunications Act of 1996 20 (Public Law 104-104, 110 Stat. 56). 21 "Small business." A business consumer that subscribes to 22 four or fewer access lines. 23 "Special access service." Service provided over dedicated, 24 nonswitched facilities by local exchange telecommunications 25 companies to interexchange carriers or other large volume users 26 which provide connection between an interexchange carrier or 27 private network and a customer's premises. 28 "Switched access service." A service which provides for the 29 use of common terminating, switching and trunking facilities of 30 a local exchange telecommunications company's public switched 20030H0030B4758 - 8 -
1 network. The term includes, but is not limited to, the rates for 2 local switching, common and dedicated transport and the carrier 3 charge. 4 "Telecommunications Act of 1996." The Telecommunications Act 5 of 1996 (Public Law 104-104, 110 Stat. 56). 6 "Telecommunications carrier." An entity that provides 7 telecommunications services subject to the jurisdiction of the 8 commission. 9 "Telecommunications service." The offering of the 10 transmission of messages or communications for a fee to the 11 public. 12 "Voice Over Internet Protocol" or "VOIP." The provision of 13 voice communications and related features and functions by means 14 of encoding voice and related signals into packetized form and 15 transmission of those packets using Internet Protocol or any 16 successor protocol for some or all of the transmission. 17 § 3013. Continuation of commission-approved alternative 18 regulation and network modernization plans. 19 (a) General rule.--An alternative form of regulation plan 20 and network modernization plan approved by the commission for a 21 local exchange telecommunications company as of December 31, 22 2003 shall remain valid and effective, except as may be amended 23 at the election of the local exchange telecommunications company 24 as authorized by this chapter. The commission shall allow a 25 previously approved plan to be amended to conform to any changes 26 made under this chapter, and shall not require any other changes 27 to the plan. 28 (b) Limitation on changes to plans.--Except for changes to 29 existing alternative form of regulation and network 30 modernization plans as authorized by this chapter, no change to 20030H0030B4758 - 9 -
1 any alternative form of regulation or network modernization plan 2 may be made without the express agreement of both the commission 3 and the local exchange telecommunications company. 4 (c) Grandfather provision.--All services previously declared 5 competitive as of December 31, 2003, under a local exchange 6 telecommunications company's alternative form of regulation plan 7 shall remain competitive. 8 (d) Commission oversight.--The commission will continue to 9 exercise oversight of alternative form of regulation and network 10 modernization plans for local exchange telecommunications 11 companies as provided in this chapter. 12 § 3014. Network modernization plans. 13 (a) Continuation of approved plan.--A local exchange 14 telecommunications company that does not elect an option under 15 subsection (b) shall remain subject to its network modernization 16 plan in effect as of December 31, 2003, without revision or 17 modification except by agreement under section 3013(b) (relating 18 to continuation of commission-approved alternative regulation 19 and network modernization plans) and as provided in this 20 section, through December 31, 2015. 21 (b) Options for amendment of network modernization plan.-- 22 Local exchange telecommunications companies shall have the 23 following options: 24 (1) (i) A rural telecommunications carrier that elects 25 to amend its network modernization plan pursuant to this 26 subsection shall remain subject to the carrier's network 27 modernization plan in effect as of December 31, 2003, as 28 amended pursuant to this subsection, through December 31, 29 2008. Prior to implementation of such election, the rural 30 telecommunications carrier shall comply with the 20030H0030B4758 - 10 -
1 notification requirements of subsection (d). 2 (ii) The rural telecommunications carrier shall 3 commit to accelerate 100% broadband availability by 4 December 31, 2008, in its amended network modernization 5 plan. Any rural telecommunications carrier electing this 6 option shall not be required to offer a bona fide retail 7 request program. 8 (2) (i) A rural telecommunications carrier that elects 9 to amend its network modernization plan pursuant to this 10 subsection shall remain subject to the carrier's network 11 modernization plan in effect as of December 31, 2003, as 12 amended pursuant to this subsection, through December 31, 13 2010. Prior to implementation of such election, the rural 14 telecommunications carrier shall comply with the 15 notification requirements of subsection (d). 16 (ii) The rural telecommunications carrier shall 17 commit: 18 (A) to accelerate broadband availability to at 19 least 80% of its total retail access lines in its 20 distribution network by December 31, 2010, and may 21 also commit to further deployment by 2015 as set 22 forth in section 3015(a) (relating to alternative 23 forms of regulation); and 24 (B) to offer a bona fide retail request program 25 pursuant to subsection (c). 26 Under no circumstances may the rural telecommunications 27 carrier reduce its existing broadband availability 28 commitment. 29 (3) (i) A local exchange telecommunications company 30 that elects to amend its network modernization plan 20030H0030B4758 - 11 -
1 pursuant to this subsection shall remain subject to such 2 company's network modernization plan in effect as of 3 December 31, 2003, as amended pursuant to this 4 subsection, including meeting its 100% broadband 5 availability commitment. Prior to implementation of such 6 election, the local exchange telecommunications company 7 shall comply with the notification requirements of 8 subsection (d). 9 (ii) The local exchange telecommunications company 10 shall commit: 11 (A) to provide broadband availability to 100% of 12 its total retail access lines in its distribution 13 network by December 31, 2013 or December 31, 2015; 14 and 15 (B) to offer a bona fide retail request program 16 pursuant to subsection (c). 17 Under no circumstances may such local exchange 18 telecommunications company reduce its existing broadband 19 availability commitment. 20 (4) A local exchange telecommunications company that 21 elects under paragraph (1), (2) or (3) shall also commit to 22 universal broadband deployment in or adjacent to public 23 rights-of-way abutting all public schools, including the 24 administration offices supporting public schools, industrial 25 parks and health care facilities in its service territory on 26 or before December 31, 2004, except that a local exchange 27 telecommunications company serving more than ten exchanges in 28 this Commonwealth may elect to extend this commitment from 29 December 31, 2004, to December 31, 2005, for any exchange 30 with less than 4,000 access lines. 20030H0030B4758 - 12 -
1 (5) A local exchange telecommunications company that 2 elects under paragraph (1), (2) or (3) may amend its network 3 modernization plan to define "universal broadband 4 availability" as the provision of broadband capability within 5 ten business days of notice to the company of the request by 6 a bona fide customer. If a local exchange telecommunications 7 company does not elect under paragraph (1), (2) or (3), then 8 the provisioning interval shall remain and be within five 9 business days after a request for broadband service is 10 received, as stated in the company's currently effective 11 network modernization plan. The amended network modernization 12 plan may also be modified to remove any interim commitments 13 contained in the network modernization plan in effect as of 14 December 31, 2003, or as later modified. 15 (6) A local exchange telecommunications company that 16 elects under paragraph (1), (2) or (3) may subsequently 17 petition the commission for further modification of its 18 amended network modernization plan, which the commission may 19 grant upon good cause shown. 20 (7) A rural telecommunications carrier making an 21 election pursuant to paragraph (1), (2) or (3) and filing its 22 amended network modernization plan with the commission 23 pursuant to subsection (d) shall be granted by the commission 24 a suspension of its section 251(c)(2), (3), (4), (5) and (6) 25 obligations under the Telecommunications Act of 1996. This 26 suspension of obligations shall expire on December 31, 2010, 27 unless extended by the commission. Should the commission, 28 following a hearing, determine that the rural 29 telecommunications carrier has failed to timely meet its 30 commitments pursuant to this paragraph the suspension of 20030H0030B4758 - 13 -
1 obligations shall expire upon entry of the commission order 2 making such determination. Expiration of the suspension of 3 obligations shall not impact the rural telephone company 4 exemption of the rural telecommunications carrier under 5 section 251(f)(1) of the Telecommunications Act of 1996. 6 (8) A local exchange telecommunications company may 7 accelerate its broadband availability commitment by electing 8 an additional option pursuant to paragraph (1), (2) or (3), 9 as applicable, at a later date. The local exchange 10 telecommunications company shall be subject to the applicable 11 modified inflation offset in its price stability mechanism as 12 set forth in section 3015(a)(1), effective upon the filing of 13 an amended network modernization plan under subsection (d). 14 (c) Bona fide retail request program.--A local exchange 15 telecommunications company that elects to amend its network 16 modernization plan pursuant to subsection (b)(1), (2) or (3) 17 shall notify the commission no later than one year after the 18 effective date of its election that it is implementing a bona 19 fide retail request program which shall continue through 20 December 31, 2015, or such earlier date as the local 21 telecommunications company achieves 100% broadband availability 22 throughout its service territory. A bona fide retail request 23 program shall consist of the following: 24 (1) Persons or entities seeking advanced services 25 pursuant to a bona fide retail request program shall submit a 26 written request for such services to the local exchange 27 telecommunications company. The written request may be in the 28 form of a petition which includes the information required by 29 this paragraph or in the form of individual requests each of 30 which includes the information required by this paragraph. If 20030H0030B4758 - 14 -
1 individual requests are received, the local exchange 2 telecommunications company shall aggregate requests for the 3 same or comparable service and initiate appropriate action 4 pursuant to this subsection when the required number of 5 requests have been received. To be considered a bona fide 6 retail request, the written request must include: 7 (i) a request that a minimum of 50 retail access 8 lines be provided the same or comparable advanced service 9 within a community or a request that 25% of retail access 10 lines be provided the same or comparable advanced service 11 within a community, whichever is less; 12 (ii) the name, address, telephone number and 13 signature of each existing retail customer seeking the 14 advanced service, the advanced service being requested, 15 the number of access lines for which the advanced service 16 is requested, a commitment by each retail customer who 17 signs the request to subscribe to the requested advanced 18 service for a minimum of one year at the local exchange 19 telecommunications company's applicable rate for the 20 service; and 21 (iii) the name, address and telephone number of a 22 designated contact person. 23 Customers making the request shall agree to take the service 24 for a one-year period, but shall not be required to make such 25 a commitment until the price and terms of the service are 26 specified by the local exchange telecommunications company 27 and shall not be required to make any payments until the 28 service is actually provided. 29 (2) In administering the bona fide retail request 30 program, the local exchange telecommunications company shall: 20030H0030B4758 - 15 -
1 (i) establish a World Wide Web site and toll-free 2 telephone number to address customer inquiries regarding 3 the program; 4 (ii) mail a request form to a customer upon request; 5 (iii) confirm its receipt of any completed request 6 in writing to the customer; such confirmation to identify 7 the service requested, the applicable rate, the expected 8 contract term, the status of the request and a term 9 subscription agreement for execution; and 10 (iv) notify the customers in a community, within 45 11 days, of the expected implementation date once the 12 requisite number of requests has been received and the 13 expected date of the availability of service. 14 (3) When a bona fide retail request has been received 15 that meets the requirements of paragraph (1), the local 16 exchange telecommunications company shall provide the 17 requested advanced service or other reasonably comparable 18 service that meets the data speed of the requested service to 19 the community as soon as practicable, but in no event later 20 than 365 days of the date the requirements of paragraph (1) 21 have been met or within the period approved by the commission 22 under paragraph (4) where: 23 (i) the local exchange telecommunications company 24 provides the requested advanced service to other 25 customers in its service territory; 26 (ii) there is no advanced service using any 27 technology available to the requesting customers that 28 offers data speeds reasonably comparable to that 29 requested; and 30 (iii) the community is situated within the service 20030H0030B4758 - 16 -
1 territory of the local exchange telecommunications 2 company. 3 (4) Where the total number of bona fide retail requests 4 received by any local exchange telecommunications company or 5 affiliated companies that meet the requirements of paragraphs 6 (1) and (3) exceed 40 customers in any 12-month period, or 7 where there are more than 20 such requests that require 8 property acquisition, including acquiring rights-of-way, or 9 new construction in any 12-month period, the local exchange 10 telecommunications company or companies may provide a 11 verified certification to the commission that one or both of 12 the previously stated criteria are met. Upon receipt of the 13 certification, the commission, or the commission through its 14 designated staff, shall permit the local exchange 15 telecommunications company or companies to extend the time 16 for such deployments for a period of no more than 12 months, 17 unless the commission determines an additional time period to 18 be just and reasonable. 19 (5) With regard to requests submitted under this 20 subsection, a retail customer may challenge the action of a 21 local exchange telecommunications company pursuant to section 22 701 (relating to complaints). 23 (6) Local exchange telecommunications companies with 24 bona fide retail request programs shall provide semiannual 25 reports to the commission of the number of requests for 26 advanced services received during the reporting period by 27 exchange and the action taken on requests meeting the 28 requirements of subsection (c). Local exchange 29 telecommunications companies, within 30 days after initiating 30 a bona fide retail request program, shall also provide the 20030H0030B4758 - 17 -
1 commission with the form of any advanced services term 2 subscription agreements customers will be required to execute 3 in connection with receiving the requested services. 4 (d) Notice and filing of amendments.--A local exchange 5 telecommunications company that elects to amend its network 6 modernization plan pursuant to subsection (b) shall notify the 7 commission in writing of such election and, within 60 days 8 following such notification, file its amended network 9 modernization plan with the commission. Copies of the written 10 notice of election and of the amended network modernization plan 11 shall be served by the local exchange telecommunications company 12 on the Office of Consumer Advocate and the Office of Small 13 Business Advocate. Concurrent with the filing of the amended 14 plan with the commission, the local exchange telecommunications 15 company shall publish notice of such filing in a newspaper or 16 newspapers of general circulation in its service territory or by 17 bill message or insert. The amended network modernization plan 18 shall become effective upon filing with the commission. 19 (e) Network modernization plan report.-- 20 (1) A local exchange telecommunications company that 21 files an amended network modernization plan with the 22 commission shall also file with the commission a report on 23 its provision of broadband availability. The first report 24 shall be filed no later than April 30, 2004, and shall be 25 based upon the 12 months ending December 31, 2003. 26 Thereafter, reports shall be filed biennially no later than 27 April 30. To the extent applicable to the local exchange 28 telecommunications company's amended network modernization 29 plan, reports shall be limited to: 30 (i) The status of broadband deployment in or 20030H0030B4758 - 18 -
1 adjacent to public rights-of-way abutting all public 2 schools, including the administration offices supporting 3 public schools, industrial parks and health care 4 facilities. 5 (ii) The percentage of access lines with broadband 6 availability from the local exchange telecommunications 7 company. 8 (iii) The number of written bona fide retail 9 requests received by exchange. 10 (iv) A general description of any technologies or 11 media utilized by the local exchange telecommunications 12 company to offer or provide advanced services and 13 broadband availability. 14 (2) (i) The report shall be submitted in the form 15 determined by the commission. Should the commission 16 request any additional network reports or information, a 17 local exchange telecommunications company may oppose such 18 requirement, by petition, on the grounds that the report 19 or information will be detrimental to the security of its 20 network or that the benefits of the report will not 21 exceed the attendant expense or administrative time 22 requirements associated therewith. The commission shall 23 grant the petition upon such showing by the local 24 exchange telecommunications company. 25 (ii) Nothing in this paragraph shall be construed to 26 impede the ability of the commission to require the 27 submission of further information to support the accuracy 28 of or to seek an explanation of the reports specified in 29 this subsection. 30 (iii) Under no circumstances shall the commission 20030H0030B4758 - 19 -
1 compel the public release of maps or other information 2 describing the actual location of a local exchange 3 communications company's facilities. 4 (f) Assistance to political subdivisions.-- 5 (1) In an effort to assist political subdivisions with 6 economic revitalization projects, a local exchange 7 telecommunications company shall commit, in its modified 8 alternative form of regulation plan and its network 9 modernization plan, to make technical assistance for such 10 projects available to political subdivisions located in its 11 service territory in pursuing the deployment of additional 12 telecommunications infrastructure or services by the local 13 exchange telecommunications company. 14 (2) (i) Except as otherwise provided for under 15 subparagraph (ii), a political subdivision or any entity 16 established by a political subdivision, including a 17 municipal authority, may not provide any 18 telecommunications services to the public for 19 compensation within the service territory of a local 20 exchange telecommunications company operating under a 21 network modernization plan. 22 (ii) A political subdivision may offer advanced or 23 broadband services if the political subdivision has 24 submitted a written request for the provision of such 25 service to the local exchange telecommunications company 26 serving the area and, within six months of the request, 27 the local exchange telecommunications company has not 28 agreed to provide the data speeds requested. If the local 29 exchange telecommunications company agrees to provide the 30 data speeds requested, then it must do so within 18 20030H0030B4758 - 20 -
1 months of the request. 2 (3) The prohibition in paragraph (2) shall not be 3 construed to preclude the continued provision of any 4 municipally provided telecommunications services of the same 5 type and scope as were being provided on the effective date 6 of this section. 7 (g) Advanced Services Education and Aggregation Fund.-- 8 (1) The Advanced Services Education and Aggregation Fund 9 is established as a separate fund in the State Treasury and 10 shall be funded by the payments that may be required under 11 section 3015(c) (relating to alternative forms of 12 regulation). 13 (2) The department shall authorize expenditures from the 14 fund for two purposes: 15 (i) educational outreach programs for political 16 subdivisions, economic development entities, public 17 schools, health care facilities and businesses and for 18 residential customers concerning the benefits, use and 19 procurement of advanced services and broadband 20 telecommunication services from local exchange 21 telecommunications companies; and 22 (ii) seed grants to aggregate customer demand for 23 advanced services or broadband in communities without 24 such services and permit customers in such communities to 25 request such services under a local exchange 26 telecommunications company bona fide retail request 27 program. 28 (3) The fund shall continue until December 31, 2015, at 29 which time the department shall terminate the fund and return 30 the remaining funds on a pro rata basis to the local exchange 20030H0030B4758 - 21 -
1 telecommunications companies that contributed to the fund. 2 (h) Balanced deployment.--A local exchange 3 telecommunications company shall reasonably balance deployment 4 of its broadband network between rural, urban and suburban areas 5 within its service territory, as those areas are applicable, 6 according to its approved network modernization plan. 7 (i) Impact of competition.--Notwithstanding any provision of 8 this section or any network modernization plan to the contrary, 9 if one or more alternative service providers, excluding service 10 providers using satellite-based systems, have made advanced 11 services or broadband available at reasonably comparable data 12 speeds throughout a particular exchange served by a rural 13 telecommunications carrier, the rural telecommunications 14 carrier's commitment to provide advanced services and broadband 15 availability in that exchange shall be deemed met and shall be 16 credited to its deployment obligation. To obtain such credit, 17 the rural telecommunications carrier must provide verification 18 of such service availability to the commission. 19 (j) Study of Statewide education network.-- 20 (1) The Legislative Budget and Finance Committee in 21 consultation with all advanced broadband service providers, 22 telecommunications carriers and alternative service providers 23 operating in this Commonwealth, irrespective of the 24 technology used, and the Department of Education shall 25 perform a feasibility study on the development of a Statewide 26 education network to promote the effective use of information 27 technology that enhances education, promotes community 28 partnerships and supports economic growth in a knowledge- 29 based society. In conducting the study, the committee shall 30 consider cost-benefit analyses associated with the 20030H0030B4758 - 22 -
1 development and implementation of a Statewide education 2 network. At a minimum, the committee shall inquire into and 3 make recommendations with respect to: 4 (i) The impact on public and private schools, 5 vocational-technical schools, intermediate units and 6 institutions of higher education in this Commonwealth 7 that would be linked together with functional levels of 8 broadband throughout this Commonwealth. 9 (ii) Competition in the telecommunications industry 10 of this Commonwealth and the ability for the public and 11 private schools, vocational-technical schools, 12 intermediate units and institutions of higher education 13 in this Commonwealth's network on intermediate units, 14 school districts and individual schools to procure 15 telecommunications services. 16 (iii) The impact on local exchange 17 telecommunications service providers that have amended 18 their network modernization plan to accelerate the 19 deployment of broadband and advanced services as provided 20 for within the provisions of this chapter. 21 (iv) Funding mechanisms to support the development 22 and implementation of a Statewide education network and 23 the availability of Federal and State funding assistance 24 programs to rural school districts to procure high-speed 25 telecommunications services. 26 (v) A comparison of the efficiency and effectiveness 27 of Statewide education networks implemented in other 28 states. 29 (2) The committee shall submit a final report with 30 recommendations to the General Assembly no later than May 31, 20030H0030B4758 - 23 -
1 2005, and publish notice of the final report in the 2 Pennsylvania Bulletin within 30 days of the submission of the 3 final report. 4 (k) Inventory of available services.-- 5 (1) The department shall compile, periodically update 6 and publish, including at its World Wide Web site, a listing 7 of advanced and broadband services, by general location, 8 available from all advanced and broadband service providers 9 operating in this Commonwealth irrespective of the technology 10 used. 11 (2) All providers of advanced and broadband services 12 shall cooperate with the department. 13 (3) The department may not disclose maps or other 14 information describing the specific location of any 15 provider's facilities. 16 (l) Construction.--Nothing in this section shall be 17 construed: 18 (1) As giving the commission the authority to require a 19 local exchange telecommunications company to provide specific 20 services or to deploy a specific technology to retail 21 customers seeking broadband or advanced services. 22 (2) As prohibiting a local exchange telecommunications 23 company from participating in joint ventures with other 24 entities in meeting its advanced services and broadband 25 deployment commitments under its network modernization plan. 26 § 3015. Alternative forms of regulation. 27 (a) Inflation offset.-- 28 (1) Except as otherwise provided in paragraphs (2) and 29 (3), a local exchange telecommunications company with an 30 alternative form of regulation containing a price stability 20030H0030B4758 - 24 -
1 mechanism that files an amended network modernization plan 2 under section 3014(b)(1), (2) or (3) (relating to network 3 modernization plans) shall be subject to a modified inflation 4 offset in its price stability mechanism in adjusting its 5 rates for noncompetitive services, effective upon the filing 6 of an amended network modernization plan under section 7 3014(d), as follows: 8 (i) If a nonrural telecommunications carrier files 9 an amended network modernization plan under section 10 3014(b)(3) that commits to deploy 100% broadband 11 availability by December 31, 2013, then the inflation 12 offset shall be zero. 13 (ii) If a nonrural telecommunications carrier files 14 an amended network modernization plan under section 15 3014(b)(3) that commits to deploy 100% broadband 16 availability by December 31, 2015, then the inflation 17 offset shall be equal to 0.5%. 18 (iii) If a rural telecommunications carrier files an 19 amended network modernization plan under section 20 3014(b)(1) or (3), then the inflation offset shall be 21 zero. 22 (iv) If a rural telecommunications carrier files an 23 amended network modernization plan under section 24 3014(b)(2) that commits to deploy 95% broadband 25 availability by December 31, 2013, then the inflation 26 offset shall be equal to 10% of the inflation offset 27 contained in the rural telecommunications carrier's 28 original alternative regulation plan. 29 (v) If a rural telecommunications carrier files an 30 amended network modernization plan under section 20030H0030B4758 - 25 -
1 3014(b)(2) that commits to deploy 90% broadband 2 availability by December 31, 2012, then the inflation 3 offset shall be equal to 25% of the inflation offset 4 contained in the rural telecommunications carrier's 5 original alternative regulation plan. 6 (vi) If a rural telecommunications carrier files an 7 amended network modernization plan under section 8 3014(b)(2) that commits to deploy 85% broadband 9 availability by December 31, 2011, then the inflation 10 offset shall be equal to 50% of the inflation offset 11 contained in the rural telecommunications carrier's 12 original alternative regulation plan. 13 (vii) If a rural telecommunications carrier files an 14 amended network modernization plan under section 15 3014(b)(2) that commits to deploy 80% or less broadband 16 availability by December 31, 2010, then the inflation 17 offset shall be equal to the inflation offset contained 18 in the rural telecommunications carrier's original 19 alternative regulation plan. 20 In the event that a local exchange telecommunications company 21 is found by the commission, after notice and evidentiary 22 hearings, to have failed to meet its network commitment for 23 final broadband availability, then the commission shall 24 require the local exchange telecommunications company to 25 refund to customers in its next price stability filing an 26 amount that is just and reasonable under the circumstances, 27 but not to exceed a revenue amount determined by multiplying 28 the percentage shortfall of the broadband availability 29 commitment on an access line basis times the revenue that was 30 obtained as a result of the modified inflation offset 20030H0030B4758 - 26 -
1 provided in this section plus interest calculated under 2 section 1308(d) (relating to voluntary changes in rates). 3 (2) Each protected service of a nonrural 4 telecommunications carrier shall be subject to an inflation 5 offset and that no rate adjustment for any such protected 6 service shall exceed the inflation offset. 7 (3) Through December 31, 2015: 8 (i) In any year in which revenue-neutral rate 9 changes are ordered by the commission for a nonrural 10 telecommunications carrier, any increase in residential 11 and small business protected service rates under that 12 carrier's price stability mechanism in that year shall be 13 offset against any revenue-neutral rate increase for 14 those services. 15 (ii) (A) A rural telecommunications carrier may not 16 separately propose, as part of a rate rebalancing 17 filing, to increase the rates for residential or 18 small business local exchange telecommunications 19 service in the same calendar year as rates for 20 residential or small business local exchange 21 telecommunications service are increased under the 22 annual price stability index, where the rate 23 rebalancing proposal is not submitted to the 24 commission as part of the annual price stability 25 mechanism filing. Any cap contained in the rate 26 rebalancing section of a rural telecommunications 27 carrier's existing alternative form of regulation 28 plan that restricts the level of annual rate 29 increases to a local exchange telecommunications 30 service shall also be applied to limit any rate 20030H0030B4758 - 27 -
1 increase that occurs as a result of elimination of 2 the offset. 3 (B) These limitations shall not apply where 4 rates are changed as a result of a generic 5 investigation or when the rebalancing does not 6 increase the weighted average rates respectively of 7 residential and small business local exchange 8 telecommunications service. 9 (b) Rate changes for rural telecommunications carriers.-- 10 (1) In addition to the rate change provisions in its 11 alternative form of regulation plan, a rural 12 telecommunications carrier operating without a price 13 stability mechanism that files with the commission an amended 14 network modernization plan under section 3014(b)(1), (2) or 15 (3) shall be permitted at any time to file with the 16 commission proposed tariff changes, effective 45 days after 17 filing, setting forth miscellaneous changes, including 18 increases and decreases, in rates for noncompetitive 19 services, excluding basic residential and business rates, 20 provided such rate changes do not increase the rural 21 telecommunications carrier's annual intrastate revenues by 22 more than 2%. 23 (2) The commission tariff filing requirements and review 24 associated with such proposed rate changes shall be limited 25 to schedules submitted by the rural telecommunications 26 carrier detailing the impact of the rate changes on the 27 carrier's annual intrastate revenues. 28 (3) A rural telecommunications carrier that implements 29 noncompetitive rate changes consistent with the procedure set 30 forth in its alternative form of regulation plan shall be 20030H0030B4758 - 28 -
1 required only to file such financial and cost data with the 2 commission to justify such changes as is required under its 3 commission-approved alternative form of regulation plan. 4 (4) Notwithstanding the provisions of paragraph (1), (2) 5 or (3), for any rural telecommunications carrier serving less 6 than 50,000 access lines in this Commonwealth and operating 7 under an alternative form of regulation plan, a formal 8 complaint to deny rate changes for noncompetitive services, 9 unless signed by at least 20 customers of the rural 10 telecommunications carrier, shall not prevent implementation 11 of the rate changes pending the adjudication of the formal 12 complaint by the commission. 13 (c) Payments to fund.-- 14 (1) A local exchange telecommunications company that 15 files an amended network modernization plan under section 16 3014(b)(2) or (3) may be required by the department to 17 contribute up to, but no more than, 10% of the first year's 18 annual revenue effect: 19 (i) of any rate increases permitted by the 20 elimination of the offset under subsection (a); or 21 (ii) if the local exchange telecommunications 22 company is operating without a price stability mechanism, 23 of any rate increases under subsection (b)(1), to the 24 fund established under section 3014(g). 25 (2) The contribution shall be payable in equal quarterly 26 installments and calculated on projected increased revenues 27 for the first year of the rate change. The contributions 28 shall also be made in connection with each subsequent 29 noncompetitive service rate increase until the local exchange 30 telecommunications company fulfills the higher percentage 20030H0030B4758 - 29 -
1 deployment obligation set forth in its amended network 2 modernization plan. 3 (3) In no event shall the fund exceed $5,000,000 and, in 4 the event of such overfunding, the department shall credit 5 the overcollection to the next year's contribution amount. 6 (4) A local exchange telecommunications company that 7 elects to amend its network modernization plan pursuant to 8 section 3014(b)(1) shall not be required to contribute to the 9 fund. 10 (d) General filing requirements.--For a local exchange 11 telecommunications company that files an amended network 12 modernization plan under section 3014(b)(1), (2) or (3), the 13 commission's filing and audit requirements shall be limited to 14 the following submissions by the company: 15 (1) Network modernization plan reports filed pursuant to 16 section 3014(e). 17 (2) An annual financial report consisting of a balance 18 sheet and income statement. 19 (3) An annual deaf, speech-impaired and hearing-impaired 20 relay information report. 21 (4) An annual service report. 22 (5) Universal service reports. 23 (6) An annual access line report. 24 (7) An annual statement of gross intrastate operating 25 revenues for purposes of calculating assessments for 26 regulatory expenses. 27 (8) An annual State tax adjustment computation for years 28 in which a tax change has occurred, if applicable. 29 (9) For those companies with a bona fide retail request 30 program, a bona fide retail request report under section 20030H0030B4758 - 30 -
1 3014(c)(6). 2 These reports shall be submitted in the form determined by the 3 commission. 4 (e) Other reports.-- 5 (1) Notwithstanding any other provision of this title to 6 the contrary, no report, statement, filing or other document 7 or information, except as specified in subsection (d), shall 8 be required of any local exchange telecommunications company 9 unless the commission, upon notice to the affected local 10 exchange telecommunications company and an opportunity to be 11 heard, has first made specific written findings supporting 12 conclusions in an entered order that: 13 (i) The report is necessary to ensure that the local 14 exchange telecommunications company is charging rates 15 that are in compliance with this chapter and its 16 effective alternative form of regulation. 17 (ii) The benefits of the report substantially 18 outweigh the attendant expense and administrative time 19 and effort required of the local exchange 20 telecommunications company to prepare it. 21 (2) Nothing in this subsection shall be construed to 22 impede the ability of the commission to require the 23 submission of further information to support the accuracy of 24 or to seek an explanation of the reports specified in 25 subsection (d). 26 (f) Rate change limitations.--Nothing in this chapter shall 27 be construed to limit the requirement of section 1301 (relating 28 to rates to be just and reasonable) that rates shall be just and 29 reasonable. The annual rate change limitations set forth in a 30 local exchange telecommunications company's effective 20030H0030B4758 - 31 -
1 commission-approved alternative form of regulation plan or any 2 other commission-approved annual rate change limitation shall 3 remain applicable. 4 (g) Small business customers.--Local exchange 5 telecommunications companies operating under an alternative form 6 of regulation plan with small business customers defined as 7 "three lines or less" shall amend such definition to "four or 8 fewer lines." 9 (h) Conformance of plan.--Upon the filing by a local 10 exchange telecommunications company of network modernization 11 plan amendments pursuant to section 3014(d), the local exchange 12 telecommunications company's alternative form of regulation plan 13 shall be deemed amended consistent with this section. 14 § 3016. Competitive services. 15 (a) Declaration of services as competitive.--A service or 16 business activity provided by a local exchange 17 telecommunications company, including a protected service, not 18 previously declared by the commission as competitive may be 19 declared competitive by the commission under the following 20 provisions: 21 (1) The local exchange telecommunications company may 22 petition the commission for a determination of whether a 23 service is competitive. The commission shall enter an order 24 approving or disapproving the petition within 60 days of the 25 filing date or 90 days where a protest is timely filed, or 26 the petition shall be deemed approved. In making the 27 determination, the commission shall consider all relevant 28 information submitted to it. 29 (2) Simultaneously with the filing by the local exchange 30 telecommunications company of a petition with the commission 20030H0030B4758 - 32 -
1 for a declaration of a service as competitive, the local 2 exchange telecommunications company shall serve a copy of the 3 petition on the Office of Consumer Advocate and the Office of 4 Small Business Advocate and give notice to the public of the 5 filing of its petition in a newspaper or newspapers of 6 general circulation in the company's service territory. 7 (3) In a proceeding to declare a service competitive, 8 the commission shall consider the availability of like or 9 substitute services or other business activities in the 10 relevant geographic area. 11 (4) The burden of proving that a protected service is 12 competitive rests on the party seeking to have the service 13 declared competitive. Hearings shall not be required, unless 14 a protesting party has raised relevant and material factual 15 issues. 16 (b) Optional declaration of nonprotected services as 17 competitive.--Notwithstanding the provisions of subsection (a), 18 a local exchange telecommunications company that has filed an 19 amended network modernization plan pursuant to section 20 3014(b)(1), (2) or (3) (relating to network modernization 21 plans), at its option, may declare services which are not 22 protected as competitive by filing notice of its election of 23 this option with the commission. 24 (c) Rural exchange specific pricing.-- 25 (1) When an alternative service provider is providing 26 local exchange telecommunications services within an exchange 27 of a rural telecommunications carrier that has filed an 28 amended network modernization plan under section 3014(b)(1), 29 (2) or (3), the rural telecommunications carrier may petition 30 the commission for approval to begin pricing its services in 20030H0030B4758 - 33 -
1 the exchange at its discretion. 2 (2) The commission, following public notice, shall 3 approve the petition within 60 days if shown by the rural 4 telecommunications carrier that the alternative service 5 provider is providing local exchange telecommunications 6 services in the exchange. 7 (3) Any party with standing shall have the right to 8 challenge the lawfulness of any petition filed or of any rate 9 change pursuant to section 701 (relating to complaints). 10 (4) Following approval of a petition, the rural 11 telecommunications carrier shall tariff any changes in 12 noncompetitive rates effective one day after filing. 13 (5) The rural telecommunications carrier shall give 14 notice to all customers impacted by any rate increases in the 15 form of a bill insert, bill message, written notice or 16 newspaper notice at least ten days prior to the tariff 17 filing. 18 (d) Reclassification.-- 19 (1) The commission may reclassify a telecommunications 20 service or other service or business activity that has 21 previously been found to be competitive if, after notice and 22 hearing, it determines, upon application of the criteria set 23 forth in this chapter, that: 24 (i) sufficient competition is no longer present; 25 (ii) the local exchange telecommunications company 26 has engaged in unfair competition with respect to the 27 service; or 28 (iii) the local exchange telecommunications company 29 has failed to provide nondiscriminatory access in the 30 provision of the service. 20030H0030B4758 - 34 -
1 (2) If the commission finds that a reclassification is 2 necessary, the commission shall determine whether the rate 3 for the telecommunications service or other service or 4 business activity is just and reasonable in accordance with 5 section 1301 (relating to rates to be just and reasonable). 6 (3) If the telecommunications service or other service 7 or business activity subsequently becomes competitive, the 8 local exchange telecommunications company shall petition the 9 commission to make a determination of competitiveness for the 10 service under the provisions of this chapter. 11 (4) The burden of proving that a competitive service 12 should be declared noncompetitive rests on the party seeking 13 to have the service declared noncompetitive. 14 (e) Additional requirements.-- 15 (1) The prices which a local exchange telecommunications 16 company charges for competitive services shall not be less 17 than the costs to provide the services. 18 (2) The commission may not require tariffs for 19 competitive service offerings to be filed with the 20 commission. 21 (3) A local exchange telecommunications company, at its 22 option, may tariff its rates, subject to rules and 23 regulations applicable to the provision of competitive 24 services. 25 (4) The commission may require a local exchange 26 telecommunications company to maintain price lists with the 27 commission applicable to its competitive services. 28 (f) Pricing flexibility and bundling.-- 29 (1) Subject to the requirements of subsection (e)(1), a 30 local exchange telecommunications company may price 20030H0030B4758 - 35 -
1 competitive services at the company's discretion. 2 (2) A local exchange telecommunications company may 3 offer and bill to customers on one bill bundled packages of 4 services which include nontariffed, competitive, 5 noncompetitive or protected services, including services of 6 an affiliate, in combinations and at a single price selected 7 by the company. 8 (3) If a customer subscribes to a bundled package of 9 services which include nontariffed, competitive, 10 noncompetitive or protected services as provided in paragraph 11 (2) and does not make payment on a billing due date, the 12 local exchange telecommunications company may first suspend 13 all of the customer's services subscribed to in the bundled 14 package following written notice to the customer of such 15 suspension at least seven days prior to the suspension and 16 thereafter may terminate all the customer's bundled package 17 services following written notice to the customer of such 18 termination at least ten days prior to the termination. 19 (g) Prohibitions.-- 20 (1) A local exchange telecommunications company shall be 21 prohibited from using revenues earned or expenses incurred in 22 conjunction with protected services to subsidize competitive 23 services. 24 (2) Paragraph (1) shall not be construed to prevent the 25 marketing and billing of noncompetitive and competitive 26 services as packages to customers. 27 § 3017. Access charges. 28 (a) General rule.--The commission may not require a local 29 exchange telecommunications company to reduce access rates 30 except on a revenue-neutral basis and may not order decreases in 20030H0030B4758 - 36 -
1 access rates for a nonrural telecommunications carrier more than 2 once every two years. 3 (b) Refusal to pay access charges prohibited.--No person or 4 entity may refuse to pay tariffed access charges for 5 interexchange services provided by a local exchange 6 telecommunications company. 7 (c) Limitation.--No telecommunications carrier providing 8 competitive local exchange telecommunications service may charge 9 access rates higher than those charged by the incumbent local 10 exchange telecommunications company in the same service 11 territory, unless such carrier can demonstrate, by substantial 12 evidence, that the higher access rates are cost justified. 13 § 3018. Interexchange telecommunications carriers. 14 (a) Competitive and noncompetitive services.--Interexchange 15 services provided by interexchange telecommunications carriers 16 shall continue to be competitive services after December 31, 17 2003, except for the provision of the following interexchange 18 services which shall be noncompetitive services unless declared 19 otherwise by the commission pursuant to section 3016 (relating 20 to competitive services): 21 (1) Interexchange service to aggregator telephones. 22 (2) Optional calling plans required by the commission to 23 be offered when justified by usage over an interexchange 24 route. 25 (b) Rate regulation.-- 26 (1) The commission may not fix or prescribe the rates, 27 tolls, charges, rate structures, rate base, rate of return, 28 operating margin or earnings for interexchange competitive 29 services or otherwise regulate interexchange competitive 30 services except as set forth in this chapter. 20030H0030B4758 - 37 -
1 (2) An interexchange telecommunications carrier may file 2 and maintain tariffs or price lists with the commission for 3 competitive telecommunications services. 4 (3) Nothing in this chapter shall be construed to limit 5 the authority of the commission to regulate the privacy of 6 interexchange service and the ordering, installation, 7 restoration and disconnection of interexchange service to 8 customers. 9 (c) Reclassification.--The commission may reclassify 10 telecommunications services provided by an interexchange 11 telecommunications carrier as noncompetitive if, after notice 12 and hearing, it determines, upon application of the criteria set 13 forth in this chapter, that sufficient competition is no longer 14 present. 15 (d) Construction.--Nothing in this chapter shall be 16 construed: 17 (1) To limit the authority of the commission to resolve 18 complaints regarding the quality of interexchange 19 telecommunications carrier service. 20 (2) To limit the authority of the commission to 21 determine whether an interexchange telecommunications carrier 22 should be extended the privilege of operating within this 23 Commonwealth or to order the filing of such reports, 24 documents and information as may be necessary to monitor the 25 market for and competitiveness of interexchange 26 telecommunications services. 27 § 3019. Additional powers and duties. 28 (a) General rule.--The commission may certify more than one 29 telecommunications carrier to provide local exchange 30 telecommunications service in a specific geographic location. 20030H0030B4758 - 38 -
1 The certification shall be granted upon a showing that it is in 2 the public interest and that the applicant possesses sufficient 3 technical, financial and managerial resources. 4 (b) Powers and duties retained.--The commission shall retain 5 the following powers and duties relating to the regulation of 6 all telecommunications carriers and interexchange 7 telecommunications carriers: 8 (1) To audit the accounting and reporting systems of 9 telecommunications carriers relating to their transactions 10 with affiliates pursuant to Chapter 21 (relating to relations 11 with affiliated interests). A telecommunications carrier 12 shall file affiliated interest and affiliated transaction 13 agreements, unless such agreements involve services declared 14 to be competitive. The filings shall constitute notice to the 15 commission only and shall not require approval by the 16 commission. 17 (2) To review and revise quality of service standards 18 contained in 52 Pa. Code (relating to public utilities) that 19 address the safety, adequacy, reliability and privacy of 20 telecommunications services and the ordering, installation, 21 suspension, termination and restoration of any 22 telecommunications service. Any review or revision shall take 23 into consideration the emergence of new industry 24 participants, technological advancements, service standards 25 and consumer demand. 26 (3) Subject to the provisions of section 3015(d) 27 (relating to alternative forms of regulation), to establish 28 such additional requirements as are consistent with this 29 chapter as the commission determines to be necessary to 30 ensure the protection of customers. 20030H0030B4758 - 39 -
1 (4) Condition the sale, merger or acquisition of a local 2 exchange telecommunications company or any facilities used to 3 provide telecommunications services to ensure that there is 4 no reduction in the advanced service or broadband deployment 5 obligations for the sold, merged or acquired property. 6 (c) Privacy of customer information.-- 7 (1) Except as otherwise provided in this subsection, a 8 telecommunications carrier may not disclose to any person 9 information relating to any customer's patterns of use, 10 equipment and network information and any accumulated records 11 about customers. 12 (2) A telecommunications carrier may disclose such 13 information: 14 (i) Pursuant to a court order or where otherwise 15 required by law. 16 (ii) To the carrier's affiliates, agents, 17 contractors or vendors and other telecommunications 18 carriers or interexchange telecommunications carriers, as 19 permitted by law. 20 (iii) Where the information consists of aggregate 21 data which does not identify individual customers. 22 (d) Unreasonable preferences.--Nothing in this chapter shall 23 be construed to limit the authority of the commission to ensure 24 that local exchange telecommunications companies do not make or 25 impose unreasonable preferences, discriminations or 26 classifications for protected services and other noncompetitive 27 services. 28 (e) Lifeline service.-- 29 (1) All eligible telecommunications carriers 30 certificated to provide local exchange telecommunications 20030H0030B4758 - 40 -
1 service shall provide Lifeline service to all eligible 2 telecommunications customers who subscribe to such service. 3 (2) All eligible telecommunications customers who 4 subscribe to Lifeline service shall be permitted to subscribe 5 to up to two other eligible telecommunications carrier 6 telecommunications services at the tariffed rates for such 7 services. 8 (3) Whenever a prospective customer seeks to subscribe 9 to local service from an eligible telecommunications carrier, 10 the carrier shall explicitly advise the customer of the 11 availability of Lifeline service and shall make reasonable 12 efforts where appropriate to determine whether the customer 13 qualifies for such service and, if so, whether the customer 14 wishes to subscribe to the service. 15 (4) Eligible telecommunications carriers shall inform 16 existing customers of the availability of Lifeline service 17 twice annually by bill insert or message. The notice shall be 18 conspicuous and shall provide appropriate eligibility, 19 benefits and contact information for customers who wish to 20 learn of the Lifeline service subscription requirements. 21 (5) No eligible telecommunications carrier shall be 22 required to provide after the effective date of this section 23 any new Lifeline service discount that is not fully 24 subsidized by the Federal Universal Service Fund. 25 (f) Caller identification service.-- 26 (1) A telecommunications carrier that offers a caller 27 identification service that identifies the name and telephone 28 number of a caller for an additional fee may not charge a 29 residential customer within this Commonwealth more than $3.50 30 per month for basic caller identification service that 20030H0030B4758 - 41 -
1 identifies the name and the telephone number of a caller 2 unless: 3 (i) the telecommunications carrier requests a waiver 4 from the monthly dollar limitation set forth in this 5 paragraph; and 6 (ii) the commission determines that the monthly 7 dollar limitation set forth in this paragraph is not just 8 and reasonable in relation to the actual cost to the 9 telecommunications carrier for the service. 10 (2) Paragraph (1) shall not apply to the bundling or 11 pricing of multiple services that include caller 12 identification service in a single offer. 13 (g) Method for fixing rates.--The commission may not fix or 14 prescribe the rates, tolls, charges, rate structures, rate base, 15 rate of return or earnings of competitive services or otherwise 16 regulate competitive services except as set forth in this 17 chapter. 18 (h) Implementation.--The terms of a local exchange 19 telecommunications company's alternative form of regulation and 20 network modernization plans shall govern the regulation of the 21 local exchange telecommunications company and, consistent with 22 the provisions of this chapter, shall supersede any conflicting 23 provisions of this title or other laws of this Commonwealth and 24 shall specifically supersede all provisions of Chapter 13 25 (relating to rates and rate making) other than sections 1301 26 (relating to rates to be just and reasonable), 1302 (relating to 27 tariffs; filing and inspection), 1303 (relating to adherence to 28 tariffs), 1304 (relating to discrimination in rates), 1305 29 (relating to advance payment of rates; interest on deposits), 30 1309 (relating to rates fixed on complaint; investigation of 20030H0030B4758 - 42 -
1 costs of production) and 1312 (relating to refunds). 2 (i) Protection of employees.-- 3 (1) No telecommunications carrier may discharge, 4 threaten, discriminate or retaliate against an employee 5 because the employee made a good faith report to the 6 commission, the Office of Consumer Advocate or the Office of 7 Attorney General regarding wrongdoing, waste or a potential 8 violation of the commission's orders or regulations or of 9 this title. 10 (2) A person who alleges a violation of this section 11 must bring a civil action in a court of competent 12 jurisdiction for appropriate injunctive relief or damages 13 within 180 days after the occurrence of the alleged 14 violation. 15 § 3019.1. Voice Over Internet Protocol regulation exemption. 16 Voice Over Internet Protocol service shall not be subject to 17 commission regulation, nor shall any provider of VOIP service be 18 a public utility subject to commission regulation by virtue of 19 providing such service. However, this exemption from commission 20 regulation shall not affect the rights and obligations of any 21 entity related to the payment of switched network access rates 22 or other intercarrier compensation, if any, related to VOIP 23 service. 24 § 3019.2. Voice Over Internet Protocol tax exemption. 25 The provision of Voice Over Internet Protocol services by any 26 person or corporation and the provision of telecommunications 27 services used to provide VOIP services shall be exempt from the 28 following taxes and fees commencing on the effective date of 29 this section. 30 (1) Notwithstanding the act of December 31, 1965 20030H0030B4758 - 43 -
1 (P.L.1257, No.511), known as The Local Tax Enabling Act, no 2 political subdivision shall impose or collect any tax, charge 3 or other fee upon the provision of VOIP services. 4 (2) Notwithstanding Article XXXI-B of the act of July 5 28, 1953 (P.L.723, No.230), known as the Second Class County 6 Code, and the act of June 5, 1991 (P.L.9, No.6), known as the 7 Pennsylvania Intergovernmental Cooperation Authority Act for 8 Cities of the First Class, no local sales and use tax shall 9 be imposed on any VOIP services. 10 § 3020. Expiration of chapter. 11 (a) Expiration.--Except as provided in subsection (b), this 12 chapter shall expire on December 31, 2015. 13 (b) Exception.--A local exchange telecommunications 14 company's alternative form of regulation in effect on December 15 31, 2015, and the VOIP exemption from commission regulation 16 under section 3019.1 (relating to Voice Over Internet Protocol 17 regulation exemption) shall not expire on December 31, 2015. 18 Section 3. The provisions of this act are severable. If any 19 provision of this act or its application to any person or 20 circumstance is held invalid, the invalidity shall not affect 21 other provisions or applications of this act which can be given 22 effect without the invalid provision or application. 23 Section 4. Section 2471 of the act of February 1, 1966 (1965 24 P.L.1656, No.581), known as The Borough Code, is repealed to the 25 extent it is inconsistent with this act. 26 Section 5. This act shall take effect January 1, 2004, or 27 immediately, whichever occurs later. 28 SECTION 1. SECTIONS 1325, 3001, 3002, 3003, 3004, 3005, <-- 29 3006, 3007, 3008 AND 3009 OF TITLE 66 OF THE PENNSYLVANIA 30 CONSOLIDATED STATUTES ARE REPEALED. 20030H0030B4758 - 44 -
1 SECTION 2. TITLE 66 IS AMENDED BY ADDING SECTIONS TO READ: 2 § 3010. (RESERVED). 3 § 3011. DECLARATION OF POLICY. 4 THE GENERAL ASSEMBLY FINDS AND DECLARES THAT IT IS THE POLICY 5 OF THIS COMMONWEALTH TO: 6 (1) STRIKE A BALANCE BETWEEN MANDATED DEPLOYMENT AND 7 MARKET-DRIVEN DEPLOYMENT OF BROADBAND FACILITIES AND ADVANCED 8 SERVICES THROUGHOUT THIS COMMONWEALTH AND TO CONTINUE 9 ALTERNATIVE REGULATION OF LOCAL EXCHANGE TELECOMMUNICATIONS 10 COMPANIES. 11 (2) MAINTAIN UNIVERSAL TELECOMMUNICATIONS SERVICE AT 12 AFFORDABLE RATES WHILE ENCOURAGING THE ACCELERATED PROVISION 13 OF ADVANCED SERVICES AND DEPLOYMENT OF A UNIVERSALLY 14 AVAILABLE, STATE-OF-THE-ART, INTERACTIVE BROADBAND 15 TELECOMMUNICATIONS NETWORK IN RURAL, SUBURBAN AND URBAN 16 AREAS, INCLUDING DEPLOYMENT OF BROADBAND FACILITIES IN OR 17 ADJACENT TO PUBLIC RIGHTS-OF-WAY ABUTTING PUBLIC SCHOOLS, 18 INCLUDING THE ADMINISTRATIVE OFFICES SUPPORTING PUBLIC 19 SCHOOLS, INDUSTRIAL PARKS AND HEALTH CARE FACILITIES. 20 (3) ENSURE THAT CUSTOMERS PAY ONLY REASONABLE CHARGES 21 FOR PROTECTED SERVICES, WHICH SHALL BE AVAILABLE ON A 22 NONDISCRIMINATORY BASIS. 23 (4) ENSURE THAT RATES FOR PROTECTED SERVICES DO NOT 24 SUBSIDIZE THE COMPETITIVE VENTURES OF TELECOMMUNICATIONS 25 CARRIERS. 26 (5) PROVIDE DIVERSITY IN THE SUPPLY OF EXISTING AND 27 FUTURE TELECOMMUNICATIONS SERVICES AND PRODUCTS IN 28 TELECOMMUNICATIONS MARKETS THROUGHOUT THIS COMMONWEALTH BY 29 ENSURING THAT RATES, TERMS AND CONDITIONS FOR PROTECTED 30 SERVICES ARE REASONABLE AND DO NOT IMPEDE THE DEVELOPMENT OF 20030H0030B4758 - 45 -
1 COMPETITION. 2 (6) ENSURE THE EFFICIENT DELIVERY OF TECHNOLOGICAL 3 ADVANCES AND NEW SERVICES THROUGHOUT THIS COMMONWEALTH IN 4 ORDER TO IMPROVE THE QUALITY OF LIFE FOR ALL COMMONWEALTH 5 RESIDENTS. 6 (7) ENCOURAGE THE PROVISION OF TELECOMMUNICATIONS 7 PRODUCTS AND SERVICES THAT ENHANCE THE QUALITY OF LIFE OF 8 PEOPLE WITH DISABILITIES. 9 (8) PROMOTE AND ENCOURAGE THE PROVISION OF COMPETITIVE 10 SERVICES BY A VARIETY OF SERVICE PROVIDERS ON EQUAL TERMS 11 THROUGHOUT ALL GEOGRAPHIC AREAS OF THIS COMMONWEALTH WITHOUT 12 JEOPARDIZING THE PROVISION OF UNIVERSAL TELECOMMUNICATIONS 13 SERVICE AT AFFORDABLE RATES. 14 (9) ENCOURAGE THE COMPETITIVE SUPPLY OF ANY SERVICE IN 15 ANY REGION WHERE THERE IS MARKET DEMAND. 16 (10) ENCOURAGE JOINT VENTURES BETWEEN LOCAL EXCHANGE 17 TELECOMMUNICATIONS COMPANIES AND OTHER ENTITIES WHERE SUCH 18 JOINT VENTURES ACCELERATE, IMPROVE OR OTHERWISE ASSIST A 19 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY IN IMPLEMENTING ITS 20 NETWORK MODERNIZATION PLAN. 21 (11) ESTABLISH A BONA FIDE RETAIL REQUEST PROGRAM TO 22 AGGREGATE AND MAKE ADVANCED SERVICES AVAILABLE IN AREAS WHERE 23 SUFFICIENT MARKET DEMAND EXISTS AND TO SUPPLEMENT EXISTING 24 NETWORK MODERNIZATION PLANS. 25 (12) PROMOTE AND ENCOURAGE THE PROVISION OF ADVANCED 26 SERVICES AND BROADBAND DEPLOYMENT IN THE SERVICE TERRITORIES 27 OF LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES WITHOUT 28 JEOPARDIZING THE PROVISION OF UNIVERSAL SERVICE. 29 (13) RECOGNIZE THAT THE REGULATORY OBLIGATIONS IMPOSED 30 UPON THE INCUMBENT LOCAL EXCHANGE TELECOMMUNICATIONS 20030H0030B4758 - 46 -
1 COMPANIES SHOULD BE REDUCED TO LEVELS MORE CONSISTENT WITH 2 THOSE IMPOSED UPON COMPETING ALTERNATIVE SERVICE PROVIDERS. 3 § 3012. DEFINITIONS. 4 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 5 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 6 CONTEXT CLEARLY INDICATES OTHERWISE: 7 "ADVANCED SERVICE." A RETAIL TELECOMMUNICATIONS SERVICE 8 THAT, REGARDLESS OF TRANSMISSION MEDIUM OR TECHNOLOGY, IS 9 CAPABLE OF SUPPORTING A MINIMUM SPEED OF 200 KILOBITS PER SECOND 10 (KBPS) IN AT LEAST ONE DIRECTION AT THE NETWORK DEMARCATION 11 POINT OF THE CUSTOMER'S PREMISES. 12 "AGGREGATOR TELEPHONE." A TELEPHONE WHICH IS MADE AVAILABLE 13 TO THE TRANSIENT PUBLIC, CUSTOMERS OR PATRONS, INCLUDING, BUT 14 NOT LIMITED TO, COIN TELEPHONES, CREDIT CARD TELEPHONES AND 15 TELEPHONES LOCATED IN HOTELS, MOTELS, HOSPITALS AND 16 UNIVERSITIES. 17 "ALTERNATIVE FORM OF REGULATION." A FORM OF REGULATION OF 18 TELECOMMUNICATIONS SERVICES OTHER THAN THE TRADITIONAL RATE BASE 19 OR RATE OF RETURN REGULATION, INCLUDING A STREAMLINED FORM OF 20 REGULATION, AS APPROVED BY THE COMMISSION. 21 "ALTERNATIVE SERVICE PROVIDER." AN ENTITY THAT PROVIDES 22 TELECOMMUNICATIONS SERVICES IN COMPETITION WITH A LOCAL EXCHANGE 23 TELECOMMUNICATIONS COMPANY. 24 "BONA FIDE RETAIL REQUEST." A WRITTEN REQUEST FOR SERVICE 25 WHICH MEETS THE REQUIREMENTS OF SECTION 3014(C)(1) 3014(C) <-- 26 (RELATING TO NETWORK MODERNIZATION PLANS), IS RECEIVED BY A 27 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY, AND THROUGH WHICH END 28 USERS COMMIT TO SUBSCRIBE TO AN ADVANCED SERVICE. 29 "BONA FIDE RETAIL REQUEST PROGRAM." A PROGRAM ESTABLISHED BY 30 A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY PURSUANT TO SECTION 20030H0030B4758 - 47 -
1 3014(C) (RELATING TO NETWORK MODERNIZATION PLANS). 2 "BROADBAND." A COMMUNICATION CHANNEL USING ANY TECHNOLOGY 3 AND HAVING A BANDWIDTH EQUAL TO OR GREATER THAN 1.544 MEGABITS 4 PER SECOND (MBPS) IN THE DOWNSTREAM DIRECTION AND EQUAL TO OR 5 GREATER THAN 128 KILOBITS PER SECOND (KBPS) IN THE UPSTREAM 6 DIRECTION. 7 "BROADBAND AVAILABILITY." ACCESS TO BROADBAND SERVICE BY A 8 RETAIL TELEPHONE CUSTOMER OF A LOCAL EXCHANGE TELECOMMUNICATIONS 9 COMPANY. 10 "BROADBAND OUTREACH AND AGGREGATION PROGRAM." A PROGRAM 11 ESTABLISHED BY THE DEPARTMENT OF COMMUNITY AND ECONOMIC 12 DEVELOPMENT PURSUANT TO SECTION 3014(I) (RELATING TO NETWORK 13 MODERNIZATION PLANS). 14 "BUSINESS ATTRACTION OR RETENTION PROGRAM." A PROGRAM 15 ESTABLISHED BY A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 16 PURSUANT TO SECTION 3014(D) (RELATING TO NETWORK MODERNIZATION 17 PLANS). 18 "CENTRAL OFFICE." A LOCAL EXCHANGE TELECOMMUNICATIONS 19 COMPANY SWITCH USED TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS 20 SERVICE. 21 "COMMUNITY." THOSE CUSTOMERS OF A LOCAL EXCHANGE 22 TELECOMMUNICATIONS COMPANY SERVED BY AN EXISTING OR PLANNED 23 REMOTE TERMINAL OR, WHERE NO REMOTE TERMINAL EXISTS OR IS 24 PLANNED, A CENTRAL OFFICE SWITCH. 25 "COMPETITIVE SERVICE." A SERVICE OR BUSINESS ACTIVITY 26 DETERMINED TO BE COMPETITIVE BY THE COMMISSION ON OR PRIOR TO 27 DECEMBER 31, 2003, AND A SERVICE OR BUSINESS ACTIVITY DETERMINED 28 OR DECLARED TO BE COMPETITIVE PURSUANT TO SECTION 3016 (RELATING 29 TO COMPETITIVE SERVICES). 30 "DEPARTMENT." THE DEPARTMENT OF COMMUNITY AND ECONOMIC 20030H0030B4758 - 48 -
1 DEVELOPMENT OF THE COMMONWEALTH. 2 "EDUCATION TECHNOLOGY FUND" OR "E-FUND." THE FUND 3 ESTABLISHED UNDER SECTION 3015(D) (RELATING TO ALTERNATIVE FORMS 4 OF REGULATION). 5 "EDUCATION TECHNOLOGY PROGRAM." THE PROGRAM ESTABLISHED BY 6 THE DEPARTMENT OF EDUCATION PURSUANT TO SECTION 3014(J) 7 (RELATING TO NETWORK MODERNIZATION PLANS). 8 "ELIGIBLE TELECOMMUNICATIONS CARRIER." A CARRIER DESIGNATED 9 BY THE PENNSYLVANIA PUBLIC UTILITY COMMISSION PURSUANT TO 47 CFR 10 54.201 (RELATING TO DEFINITION OF ELIGIBLE TELECOMMUNICATIONS 11 CARRIERS, GENERALLY) OR SUCCESSOR REGULATION, AS ELIGIBLE TO 12 RECEIVE SUPPORT FROM THE FEDERAL UNIVERSAL SERVICE FUND. 13 "ELIGIBLE TELECOMMUNICATIONS CUSTOMER." A CUSTOMER OF AN 14 ELIGIBLE TELECOMMUNICATIONS CARRIER WHO QUALIFIES FOR LIFELINE 15 SERVICE DISCOUNTS PURSUANT TO THE REQUIREMENTS OF 47 CFR 54.409 16 (RELATING TO CONSUMER QUALIFICATION FOR LIFELINE) OR SUCCESSOR 17 REGULATION. 18 "FUND." THE BROADBAND OUTREACH AND AGGREGATION FUND 19 ESTABLISHED UNDER SECTION 3015(C) (RELATING TO ALTERNATIVE FORMS 20 OF REGULATION). 21 "GROSS DOMESTIC PRODUCT PRICE INDEX" OR "GDP-PI." THE GROSS 22 DOMESTIC PRODUCT FIXED WEIGHT PRICE INDEX AS CALCULATED BY THE 23 UNITED STATES DEPARTMENT OF COMMERCE OR A SUCCESSOR PRICE INDEX. 24 "HEALTH CARE FACILITY." THE TERM SHALL HAVE THE SAME MEANING 25 GIVEN TO IT IN THE ACT OF JULY 19, 1979 (P.L.130, NO.48), KNOWN 26 AS THE HEALTH CARE FACILITIES ACT. 27 "INDUSTRIAL DEVELOPMENT AGENCY." AN INDUSTRIAL DEVELOPMENT 28 AGENCY UNDER THE ACT OF MAY 17, 1956 (1955 P.L.1609, NO.537), 29 KNOWN AS THE PENNSYLVANIA INDUSTRIAL DEVELOPMENT AUTHORITY ACT, 30 THAT HAS BEEN CERTIFIED BY THE PENNSYLVANIA INDUSTRIAL 20030H0030B4758 - 49 -
1 DEVELOPMENT AUTHORITY UNDER SECTION 5.2 OF THAT ACT. 2 "INFLATION OFFSET." THE PART OF THE PRICE CHANGE FORMULA IN 3 THE PRICE STABILITY MECHANISM THAT REFLECTS AN OFFSET TO THE 4 GROSS DOMESTIC PRODUCT PRICE INDEX OR SUCCESSOR PRICE INDEX. 5 "INTEREXCHANGE SERVICES." THE TRANSMISSION OF INTERLATA OR 6 INTRALATA TOLL MESSAGES OR DATA OUTSIDE THE LOCAL CALLING AREA. 7 "INTEREXCHANGE TELECOMMUNICATIONS CARRIER." A CARRIER OTHER 8 THAN A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY AUTHORIZED BY 9 THE COMMISSION TO PROVIDE INTEREXCHANGE SERVICES. 10 "LIFELINE SERVICE." A DISCOUNTED RATE LOCAL SERVICE 11 OFFERING, AS DEFINED IN 47 CFR 54.401 (RELATING TO LIFELINE 12 DEFINED) OR SUCCESSOR REGULATION, BUT EXCLUDING ANY OFFERING 13 FUNDED IN PART BY FEDERAL UNIVERSAL SERVICE FUND TIER THREE 14 FUNDING UNDER 47 CFR 54.403 (RELATING TO LIFELINE SUPPORT 15 AMOUNT) OR SUCCESSOR REGULATION. 16 "LOCAL DEVELOPMENT DISTRICT." A MULTICOUNTY ECONOMIC AND <-- 17 COMMUNITY DEVELOPMENT ORGANIZATION ESTABLISHED UNDER THIS TITLE 18 TO PROVIDE REGIONAL PLANNING AND DEVELOPMENT SERVICES TO IMPROVE 19 THE ECONOMY AND QUALITY OF LIFE IN A PARTICULAR REGION THROUGH A 20 VARIETY OF ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, THE 21 FOSTERING OF PUBLIC AND PRIVATE PARTNERSHIPS AND PROVIDING 22 ASSISTANCE TO BUSINESSES. 23 "LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY." AN INCUMBENT 24 CARRIER AUTHORIZED BY THE COMMISSION TO PROVIDE LOCAL EXCHANGE 25 TELECOMMUNICATIONS SERVICES. THE TERM INCLUDES A RURAL 26 TELECOMMUNICATIONS CARRIER AND A NONRURAL TELECOMMUNICATIONS 27 CARRIER. 28 "LOCAL EXCHANGE TELECOMMUNICATIONS SERVICE." THE 29 TRANSMISSION OF MESSAGES OR COMMUNICATIONS THAT ORIGINATE AND 30 TERMINATE WITHIN A PRESCRIBED LOCAL CALLING AREA. 20030H0030B4758 - 50 -
1 "NETWORK MODERNIZATION PLAN." A PLAN FOR THE DEPLOYMENT OF 2 BROADBAND SERVICE BY A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 3 UNDER THIS CHAPTER OR ANY PRIOR LAW OF THIS COMMONWEALTH. 4 "NONCOMPETITIVE SERVICE." A REGULATED TELECOMMUNICATIONS 5 SERVICE OR BUSINESS ACTIVITY THAT HAS NOT BEEN DETERMINED OR 6 DECLARED TO BE COMPETITIVE. 7 "NONPROTECTED SERVICE." ANY TELECOMMUNICATIONS SERVICE 8 PROVIDED BY A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY THAT IS 9 NOT A PROTECTED SERVICE. 10 "NONRURAL TELECOMMUNICATIONS CARRIER." A LOCAL EXCHANGE 11 TELECOMMUNICATIONS COMPANY THAT IS NOT A RURAL TELEPHONE COMPANY 12 AS DEFINED IN SECTION 3 OF THE TELECOMMUNICATIONS ACT OF 1996 13 (PUBLIC LAW 104-104, 110 STAT. 56). 14 "OPTIONAL CALLING PLAN." A DISCOUNTED TOLL PLAN OFFERED BY 15 EITHER A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY OR AN 16 INTEREXCHANGE TELECOMMUNICATIONS CARRIER. 17 "POLITICAL SUBDIVISION." ANY COUNTY, CITY, BOROUGH, 18 INCORPORATED TOWN, TOWNSHIP, MUNICIPALITY, MUNICIPAL AUTHORITY 19 OR COUNTY INSTITUTION DISTRICT. 20 "PRICE STABILITY MECHANISM." A FORMULA WHICH MAY BE INCLUDED 21 IN A COMMISSION-APPROVED ALTERNATIVE FORM OF REGULATION PLAN 22 THAT PERMITS RATES FOR NONCOMPETITIVE SERVICES TO BE ADJUSTED 23 UPWARD OR DOWNWARD. 24 "PROTECTED SERVICE." THE FOLLOWING TELECOMMUNICATIONS 25 SERVICES PROVIDED BY A LOCAL EXCHANGE TELECOMMUNICATIONS 26 COMPANY, UNLESS THE COMMISSION HAS DETERMINED THE SERVICE TO BE 27 COMPETITIVE: 28 (1) SERVICE PROVIDED TO RESIDENTIAL CONSUMERS OR 29 BUSINESS CONSUMERS THAT IS NECESSARY TO ORIGINATE COMPLETE A <-- 30 LOCAL EXCHANGE CALL. 20030H0030B4758 - 51 -
1 (2) TOUCH-TONE SERVICE. 2 (3) SWITCHED ACCESS SERVICE. 3 (4) SPECIAL ACCESS SERVICE. 4 (5) ORDERING, INSTALLATION, RESTORATION AND 5 DISCONNECTION OF THESE SERVICES. 6 "REMOTE TERMINAL." A STRUCTURE LOCATED OUTSIDE OF A CENTRAL 7 OFFICE WHICH HOUSES ELECTRONIC EQUIPMENT AND WHICH PROVIDES 8 TRANSPORT FOR TELECOMMUNICATIONS SERVICES TO AND FROM A CENTRAL 9 OFFICE. 10 "RURAL TELECOMMUNICATIONS CARRIER." A LOCAL EXCHANGE 11 TELECOMMUNICATIONS COMPANY THAT IS A RURAL TELEPHONE COMPANY AS 12 DEFINED IN SECTION 3 OF THE TELECOMMUNICATIONS ACT OF 1996 13 (PUBLIC LAW 104-104, 110 STAT. 56). 14 "SCHOOL ENTITY." AN INTERMEDIATE UNIT, SCHOOL DISTRICT, 15 JOINT SCHOOL DISTRICT, AREA VOCATIONAL-TECHNICAL SCHOOL, 16 INDEPENDENT SCHOOL, LICENSED PRIVATE ACADEMIC SCHOOL, ACCREDITED 17 SCHOOL AND ANY OTHER PUBLIC OR NONPUBLIC SCHOOL SERVING STUDENTS 18 IN ANY GRADE FROM KINDERGARTEN THROUGH 12TH GRADE. 19 "SPECIAL ACCESS SERVICE." SERVICE PROVIDED OVER DEDICATED, 20 NONSWITCHED FACILITIES BY LOCAL EXCHANGE TELECOMMUNICATIONS 21 COMPANIES TO INTEREXCHANGE TELECOMMUNICATIONS CARRIERS OR OTHER 22 LARGE VOLUME USERS WHICH PROVIDE PROVIDES CONNECTION BETWEEN AN <-- 23 INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR PRIVATE NETWORK AND 24 A CUSTOMER'S PREMISES. 25 "SWITCHED ACCESS SERVICE." A SERVICE WHICH PROVIDES FOR THE 26 USE OF COMMON TERMINATING, SWITCHING AND TRUNKING FACILITIES OF 27 A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY'S PUBLIC SWITCHED 28 NETWORK. THE TERM INCLUDES, BUT IS NOT LIMITED TO, THE RATES FOR 29 LOCAL SWITCHING, COMMON AND DEDICATED TRANSPORT AND THE CARRIER 30 CHARGE. 20030H0030B4758 - 52 -
1 "TELECOMMUNICATIONS ACT OF 1996." THE TELECOMMUNICATIONS ACT 2 OF 1996 (PUBLIC LAW 104-104, 110 STAT. 56). 3 "TELECOMMUNICATIONS CARRIER." AN ENTITY THAT PROVIDES 4 TELECOMMUNICATIONS SERVICES SUBJECT TO THE JURISDICTION OF THE 5 COMMISSION. 6 "TELECOMMUNICATIONS SERVICE." THE OFFERING OF THE 7 TRANSMISSION OF MESSAGES OR COMMUNICATIONS FOR A FEE TO THE 8 PUBLIC. 9 "UNIVERSAL BROADBAND AVAILABILITY." ACCESS TO BROADBAND 10 SERVICE BY EACH TELEPHONE CUSTOMER OF A LOCAL EXCHANGE 11 TELECOMMUNICATIONS COMPANY. 12 "VOICE-OVER-INTERNET-PROTOCOL APPLICATION." THE USE OF <-- 13 SOFTWARE, HARDWARE OR NETWORK EQUIPMENT FOR REAL-TIME TWO-WAY OR 14 MULTIDIRECTIONAL VOICE COMMUNICATIONS OVER THE PUBLIC INTERNET 15 OR A PRIVATE NETWORK UTILIZING INTERNET PROTOCOL, OR ANY 16 SUCCESSOR PROTOCOL, IN WHOLE OR IN PART, TO CONNECT USERS 17 NOTWITHSTANDING THE FOLLOWING: 18 (1) THE UNDERLYING TRANSMISSION TECHNOLOGY USED TO 19 TRANSMIT THE COMMUNICATIONS. 20 (2) WHETHER THE PACKETIZING AND DEPACKETIZING OF THE 21 COMMUNICATIONS OCCURS AT THE CUSTOMER PREMISES OR NETWORK 22 LEVEL. 23 (3) THE SOFTWARE, HARDWARE OR NETWORK EQUIPMENT USED TO 24 CONNECT USERS. 25 THE TERM DOES NOT INCLUDE AN APPLICATION THAT IS USED FOR VOICE 26 COMMUNICATIONS THAT BOTH ORIGINATE AND TERMINATE ON THE PUBLIC 27 SWITCHED TELEPHONE NETWORK. 28 § 3013. CONTINUATION OF COMMISSION-APPROVED ALTERNATIVE 29 REGULATION AND NETWORK MODERNIZATION PLANS. 30 (A) GENERAL RULE.--AN ALTERNATIVE FORM OF REGULATION PLAN 20030H0030B4758 - 53 -
1 AND NETWORK MODERNIZATION PLAN APPROVED BY THE COMMISSION FOR A 2 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY AS OF DECEMBER 31, 3 2003, SHALL REMAIN VALID AND EFFECTIVE, EXCEPT AS MAY BE AMENDED 4 AT THE ELECTION OF THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 5 AS AUTHORIZED BY THIS CHAPTER. THE COMMISSION SHALL ALLOW A 6 PREVIOUSLY APPROVED PLAN TO BE AMENDED TO CONFORM TO ANY CHANGES 7 MADE UNDER THIS CHAPTER, AND SHALL NOT REQUIRE ANY OTHER CHANGES 8 TO THE PLAN. 9 (B) LIMITATION ON CHANGES TO PLANS.--EXCEPT FOR CHANGES TO 10 EXISTING ALTERNATIVE FORM OF REGULATION AND NETWORK 11 MODERNIZATION PLANS AS AUTHORIZED BY THIS CHAPTER, NO CHANGE TO 12 ANY ALTERNATIVE FORM OF REGULATION OR NETWORK MODERNIZATION PLAN 13 MAY BE MADE WITHOUT THE EXPRESS AGREEMENT OF BOTH THE COMMISSION 14 AND THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY. 15 (C) GRANDFATHER PROVISION.--ALL SERVICES PREVIOUSLY 16 DETERMINED TO BE COMPETITIVE AS OF DECEMBER 31, 2003, SHALL 17 REMAIN COMPETITIVE SERVICES UNLESS RECLASSIFIED BY THE 18 COMMISSION UNDER SECTION 3016(C) (RELATING TO COMPETITIVE 19 SERVICES.) 20 (D) COMMISSION OVERSIGHT.--THE COMMISSION WILL CONTINUE TO 21 EXERCISE OVERSIGHT OF ALTERNATIVE FORM OF REGULATION AND NETWORK 22 MODERNIZATION PLANS FOR LOCAL EXCHANGE TELECOMMUNICATIONS 23 COMPANIES AS PROVIDED IN THIS CHAPTER. 24 § 3014. NETWORK MODERNIZATION PLANS. 25 (A) CONTINUATION OF APPROVED PLAN.--A LOCAL EXCHANGE 26 TELECOMMUNICATIONS COMPANY THAT DOES NOT ELECT AN OPTION UNDER 27 SUBSECTION (B) SHALL REMAIN SUBJECT TO ITS NETWORK MODERNIZATION 28 PLAN IN EFFECT AS OF DECEMBER 31, 2003, WITHOUT REVISION OR 29 MODIFICATION EXCEPT BY AGREEMENT UNDER SECTION 3013(B) (RELATING 30 TO CONTINUATION OF COMMISSION-APPROVED ALTERNATIVE REGULATION 20030H0030B4758 - 54 -
1 AND NETWORK MODERNIZATION PLANS) AND AS PROVIDED IN THIS 2 SECTION, THROUGH DECEMBER 31, 2015. 3 (B) OPTIONS FOR AMENDMENT OF NETWORK MODERNIZATION PLAN.-- 4 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES SHALL HAVE THE 5 FOLLOWING OPTIONS: 6 (1) (I) A RURAL TELECOMMUNICATIONS CARRIER THAT ELECTS 7 TO AMEND ITS NETWORK MODERNIZATION PLAN PURSUANT TO THIS 8 SUBSECTION SHALL REMAIN SUBJECT TO THE CARRIER'S NETWORK 9 MODERNIZATION PLAN IN EFFECT AS OF DECEMBER 31, 2003, AS 10 AMENDED PURSUANT TO THIS SUBSECTION, THROUGH DECEMBER 31, 11 2008. PRIOR TO IMPLEMENTATION OF SUCH ELECTION, THE RURAL 12 TELECOMMUNICATIONS CARRIER SHALL COMPLY WITH THE 13 NOTIFICATION REQUIREMENTS OF SUBSECTION (E). 14 (II) THE RURAL TELECOMMUNICATIONS CARRIER SHALL 15 COMMIT TO ACCELERATE 100% BROADBAND AVAILABILITY BY 16 DECEMBER 31, 2008, IN ITS AMENDED NETWORK MODERNIZATION 17 PLAN. ANY RURAL TELECOMMUNICATIONS CARRIER ELECTING THIS 18 OPTION SHALL NOT BE REQUIRED TO OFFER A BONA FIDE RETAIL 19 REQUEST PROGRAM OR A BUSINESS ATTRACTION OR RETENTION 20 PROGRAM. 21 (2) (I) A RURAL TELECOMMUNICATIONS CARRIER THAT ELECTS 22 TO AMEND ITS NETWORK MODERNIZATION PLAN PURSUANT TO THIS 23 SUBSECTION SHALL REMAIN SUBJECT TO THE CARRIER'S NETWORK 24 MODERNIZATION PLAN IN EFFECT AS OF DECEMBER 31, 2003, AS 25 AMENDED PURSUANT TO THIS SUBSECTION, THROUGH DECEMBER 31, 26 2013 OR DECEMBER 31, 2015, AS APPLICABLE. PRIOR TO 27 IMPLEMENTATION OF SUCH ELECTION, THE RURAL 28 TELECOMMUNICATIONS CARRIER SHALL COMPLY WITH THE 29 NOTIFICATION REQUIREMENTS OF SUBSECTION (E). 30 (II) THE RURAL TELECOMMUNICATIONS CARRIER SHALL 20030H0030B4758 - 55 -
1 COMMIT: 2 (A) TO ACCELERATE BROADBAND AVAILABILITY TO AT 3 LEAST 80% OF ITS TOTAL RETAIL ACCESS LINES IN ITS 4 DISTRIBUTION NETWORK BY DECEMBER 31, 2010, AND 100% 5 OF ITS TOTAL RETAIL ACCESS LINES IN ITS DISTRIBUTION 6 NETWORK BY DECEMBER 31, 2013; OR 7 (B) TO ACCELERATE BROADBAND AVAILABILITY TO AT 8 LEAST 80% OF ITS TOTAL RETAIL ACCESS LINES IN ITS 9 DISTRIBUTION NETWORK BY DECEMBER 31, 2010, AND 100% 10 OF ITS TOTAL RETAIL ACCESS LINES IN ITS DISTRIBUTION 11 NETWORK BY DECEMBER 31, 2015; AND 12 (C) TO OFFER A BONA FIDE RETAIL REQUEST PROGRAM 13 AND A BUSINESS ATTRACTION OR RETENTION PROGRAM 14 PURSUANT TO SUBSECTIONS (C) AND (D). UNDER NO 15 CIRCUMSTANCES MAY THE RURAL TELECOMMUNICATIONS 16 CARRIER REDUCE ITS EXISTING BROADBAND AVAILABILITY 17 COMMITMENT. 18 (3) (I) A NONRURAL LOCAL EXCHANGE TELECOMMUNICATIONS <-- 19 CARRIER THAT ELECTS TO AMEND ITS NETWORK MODERNIZATION 20 PLAN PURSUANT TO THIS SUBSECTION SHALL REMAIN SUBJECT TO 21 SUCH CARRIER'S NETWORK MODERNIZATION PLAN IN EFFECT AS OF 22 DECEMBER 31, 2003, AS AMENDED PURSUANT TO THIS 23 SUBSECTION, INCLUDING MEETING ITS 100% BROADBAND 24 AVAILABILITY COMMITMENT. PRIOR TO IMPLEMENTATION OF SUCH 25 ELECTION, THE NONRURAL LOCAL EXCHANGE TELECOMMUNICATIONS <-- 26 CARRIER SHALL COMPLY WITH THE NOTIFICATION REQUIREMENTS 27 OF SUBSECTION (E). 28 (II) THE NONRURAL LOCAL EXCHANGE TELECOMMUNICATIONS <-- 29 CARRIER SHALL COMMIT: 30 (A) TO PROVIDE BROADBAND AVAILABILITY TO 100% OF 20030H0030B4758 - 56 -
1 ITS TOTAL RETAIL ACCESS LINES IN ITS DISTRIBUTION 2 NETWORK BY DECEMBER 31, 2013 OR DECEMBER 31, 2015; 3 AND 4 (B) TO OFFER A BONA FIDE RETAIL REQUEST PROGRAM 5 AND A BUSINESS ATTRACTION OR RETENTION PROGRAM 6 PURSUANT TO SUBSECTIONS (C) AND (D). UNDER NO 7 CIRCUMSTANCES MAY SUCH NONRURAL LOCAL EXCHANGE <-- 8 TELECOMMUNICATIONS CARRIER REDUCE ITS EXISTING 9 BROADBAND AVAILABILITY COMMITMENT. 10 (4) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY THAT 11 ELECTS UNDER PARAGRAPH (1), (2) OR (3) SHALL ALSO COMMIT TO 12 UNIVERSAL BROADBAND DEPLOYMENT IN OR ADJACENT TO PUBLIC 13 RIGHTS-OF-WAY ABUTTING ALL PUBLIC SCHOOLS, INCLUDING THE 14 ADMINISTRATION OFFICES SUPPORTING PUBLIC SCHOOLS, INDUSTRIAL 15 PARKS AND HEALTH CARE FACILITIES IN ITS SERVICE TERRITORY ON 16 OR BEFORE DECEMBER 31, 2005, EXCEPT THAT A LOCAL EXCHANGE 17 TELECOMMUNICATIONS COMPANY SERVING MORE THAN TEN EXCHANGES IN 18 THIS COMMONWEALTH MAY ELECT TO EXTEND THIS COMMITMENT FROM 19 DECEMBER 31, 2005, TO DECEMBER 31, 2006, FOR ANY EXCHANGE 20 WITH LESS THAN 4,000 ACCESS LINES. 21 (5) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY THAT 22 ELECTS UNDER PARAGRAPH (1), (2) OR (3) MAY AMEND ITS NETWORK 23 MODERNIZATION PLAN TO EXTEND THE PERIOD OF TIME WITHIN WHICH 24 BROADBAND SERVICE MUST BE MADE AVAILABLE TO A CUSTOMER TO UP 25 TO TEN BUSINESS DAYS AFTER THE CUSTOMER'S REQUEST FOR 26 BROADBAND SERVICE. 27 (6) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 28 OPERATING UNDER AN AMENDED NETWORK MODERNIZATION PLAN MAY 29 SUBSEQUENTLY PETITION THE COMMISSION FOR APPROVAL OF FURTHER 30 MODIFICATION OF ITS AMENDED NETWORK MODERNIZATION PLAN, WHICH 20030H0030B4758 - 57 -
1 THE COMMISSION MAY GRANT UPON GOOD CAUSE SHOWN. 2 (7) A RURAL TELECOMMUNICATIONS CARRIER SERVING LESS THAN <-- 3 50,000 ACCESS LINES IN THIS COMMONWEALTH MAKING AN ELECTION 4 PURSUANT TO PARAGRAPH (1) AND FILING ITS AMENDED NETWORK 5 MODERNIZATION PLAN WITH THE COMMISSION PURSUANT TO SUBSECTION 6 (D) (E) SHALL BE GRANTED BY THE COMMISSION A SUSPENSION OF <-- 7 SECTION 251(C)(2), (3), (4), (5) AND (6) OBLIGATIONS UNDER 8 THE TELECOMMUNICATIONS ACT OF 1996. THIS SUSPENSION OF 9 OBLIGATIONS SHALL EXPIRE DECEMBER 31, 2008, UNLESS EXTENDED 10 BY THE COMMISSION. SHOULD THE COMMISSION, FOLLOWING A 11 HEARING, DETERMINE THAT THE RURAL TELECOMMUNICATIONS CARRIER 12 HAS FAILED TO TIMELY MEET ITS COMMITMENTS PURSUANT TO THIS 13 PARAGRAPH, THE SUSPENSION OF OBLIGATIONS SHALL EXPIRE UPON 14 ENTRY OF THE COMMISSION ORDER MAKING SUCH DETERMINATION. 15 EXPIRATION OF THE SUSPENSION OF OBLIGATIONS SHALL NOT IMPACT 16 THE RURAL TELEPHONE COMPANY EXEMPTION OF THE RURAL 17 TELECOMMUNICATIONS CARRIER UNDER SECTION 251(F)(1) OF THE 18 TELECOMMUNICATIONS ACT OF 1996. 19 (7) (8) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY MAY <-- 20 ACCELERATE ITS BROADBAND AVAILABILITY COMMITMENT BY ELECTING 21 AN ADDITIONAL OPTION PURSUANT TO PARAGRAPH (1), (2) OR (3), 22 AS APPLICABLE, AT A LATER DATE. THE LOCAL EXCHANGE 23 TELECOMMUNICATIONS COMPANY SHALL BE SUBJECT TO THE APPLICABLE 24 MODIFIED INFLATION OFFSET IN ITS PRICE STABILITY MECHANISM AS 25 SET FORTH IN SECTION 3015(A)(1) (RELATING TO ALTERNATIVE 26 FORMS OF REGULATION), EFFECTIVE UPON THE FILING OF AN AMENDED 27 NETWORK MODERNIZATION PLAN UNDER SUBSECTION (E). 28 (C) BONA FIDE RETAIL REQUEST PROGRAM.--A LOCAL EXCHANGE 29 TELECOMMUNICATIONS COMPANY THAT ELECTS TO AMEND ITS NETWORK 30 MODERNIZATION PLAN PURSUANT TO SUBSECTION (B)(2) OR (3) SHALL NO 20030H0030B4758 - 58 -
1 LATER THAN 90 DAYS AFTER THE EFFECTIVE DATE OF ITS AMENDED PLAN 2 IMPLEMENT A BONA FIDE RETAIL REQUEST PROGRAM IN AREAS WHERE IT 3 DOES NOT PROVIDE BROADBAND. NOT LATER THAN 30 DAYS IN ADVANCE OF 4 PROGRAM IMPLEMENTATION, THE LOCAL EXCHANGE TELECOMMUNICATIONS 5 COMPANY SHALL FILE WITH THE COMMISSION AND PROVIDE THE 6 DEPARTMENT WITH A WRITTEN DESCRIPTION OF THE PROGRAM, A SAMPLE 7 REQUEST FOR ADVANCED SERVICES FORM FOR USE IN THE PROGRAM AND 8 THE FORM OF ANY ADVANCED SERVICES TERM SUBSCRIPTION AGREEMENTS 9 CUSTOMERS WILL BE REQUIRED TO EXECUTE IN CONNECTION WITH 10 RECEIVING THE REQUESTED SERVICES. A BONA FIDE RETAIL REQUEST 11 PROGRAM SHALL CONSIST OF THE FOLLOWING: 12 (1) ANY PERSON, BUSINESS, LOCAL DEVELOPMENT DISTRICT, <-- 13 INDUSTRIAL DEVELOPMENT AGENCY OR OTHER ENTITY SEEKING 14 ADVANCED SERVICES PURSUANT TO A BONA FIDE RETAIL REQUEST 15 PROGRAM SHALL SUBMIT A WRITTEN REQUEST FOR SUCH SERVICES TO 16 THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY OR TO THE 17 DEPARTMENT IN ACCORDANCE WITH SUBSECTION (D). THE WRITTEN 18 REQUEST MAY BE IN THE FORM OF A PETITION WHICH INCLUDES THE 19 INFORMATION REQUIRED BY PARAGRAPH (2), OR IN THE FORM 20 PROVIDED BY THE DEPARTMENT UNDER SUBSECTION (D) WHICH 21 INCLUDES THE INFORMATION REQUIRED BY PARAGRAPH (2), OR IN THE 22 FORM OF INDIVIDUAL REQUESTS EACH OF WHICH INCLUDES THE 23 INFORMATION REQUIRED BY PARAGRAPH (2). IF INDIVIDUAL REQUESTS 24 ARE RECEIVED, THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 25 SHALL AGGREGATE REQUESTS FOR THE SAME SERVICE AND INITIATE 26 APPROPRIATE ACTION PURSUANT TO THIS SUBSECTION WHEN THE 27 REQUIRED NUMBER OF REQUESTS HAVE BEEN RECEIVED. 28 (2) TO BE CONSIDERED A BONA FIDE RETAIL REQUEST, THE 29 WRITTEN REQUEST MUST INCLUDE: 30 (I) A REQUEST THAT A MINIMUM OF 50 RETAIL ACCESS 20030H0030B4758 - 59 -
1 LINES, OR 25% OF RETAIL ACCESS LINES WITHIN A COMMUNITY, 2 WHICHEVER IS LESS, EACH BE PROVIDED THE SAME ADVANCED 3 SERVICE OR COMPARABLE ADVANCED SERVICES HAVING A 4 BANDWIDTH WITHIN 100 KILOBITS PER SECOND (KBPS) OF EACH 5 OTHER. NOTWITHSTANDING THE FOREGOING COMPARABLE BANDWIDTH 6 LIMITATION, WHERE A REQUEST INCLUDES INDIVIDUAL CUSTOMER 7 REQUESTS FOR ADVANCED SERVICES HAVING EQUAL TO OR LESS 8 THAN 1.544 MEGABITS PER SECOND (MBPS) BANDWIDTH IN THE 9 DOWNSTREAM DIRECTION, ALL LINES IN THE REQUEST SHALL BE 10 COUNTED IN MEETING THE MINIMUM LINE REQUIREMENT OF THIS 11 SUBPARAGRAPH; 12 (II) THE NAME, ADDRESS, TELEPHONE NUMBER AND 13 SIGNATURE OF EACH EXISTING RETAIL CUSTOMER REQUESTING THE 14 ADVANCED SERVICE, THE ADVANCED SERVICE BEING REQUESTED 15 AND THE NUMBER OF ACCESS LINES FOR WHICH THE ADVANCED 16 SERVICE IS BEING REQUESTED; 17 (III) THE NAME, ADDRESS AND TELEPHONE NUMBER OF A 18 DESIGNATED CONTACT PERSON, WHERE THE REQUEST IS MADE BY 19 OR ON BEHALF OF MORE THAN ONE PERSON OR BUSINESS; AND 20 (IV) A COMMITMENT BY EACH CUSTOMER WHO SIGNS THE 21 REQUEST TO SUBSCRIBE TO THE REQUESTED SERVICE FOR ONE 22 YEAR, SUBJECT TO THE LOCAL EXCHANGE TELECOMMUNICATIONS 23 COMPANY'S IDENTIFICATION OF THE PRICE AND TERMS OF THE 24 SERVICE AND THE CUSTOMER'S AGREEMENT TO THE PRICE AND 25 TERMS. 26 (3) IN ADMINISTERING THE BONA FIDE RETAIL REQUEST 27 PROGRAM, THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY SHALL: 28 (I) ESTABLISH AN INTERNET WEBSITE AND TOLL-FREE 29 TELEPHONE NUMBER TO ADDRESS CUSTOMER INQUIRIES REGARDING 30 THE PROGRAM; 20030H0030B4758 - 60 -
1 (II) MAIL A REQUEST FORM TO A CUSTOMER UPON REQUEST; 2 (III) CONFIRM ITS RECEIPT OF ANY COMPLETED REQUEST 3 IN WRITING TO THE CUSTOMER AND IDENTIFY THE SERVICE 4 REQUESTED; 5 (IV) AS PART OF THE WRITTEN CONFIRMATION, IF 6 AVAILABLE, OR IN A SUBSEQUENT WRITTEN COMMUNICATION TO 7 THE CUSTOMER, PROVIDE THE CUSTOMER THE APPLICABLE RATE, 8 THE CONTRACT TERM, THE STATUS OF THE REQUEST AND A TERM 9 SUBSCRIPTION AGREEMENT FOR EXECUTION; AND 10 (V) NOTIFY THE CUSTOMERS IN A COMMUNITY, WITHIN 30 11 DAYS OF RECEIPT OF A BONA FIDE REQUEST, OF THE EXPECTED 12 DATE OF THE AVAILABILITY OF THE REQUESTERS' SERVICE. 13 (4) WHEN A BONA FIDE RETAIL REQUEST HAS BEEN RECEIVED 14 THAT MEETS THE REQUIREMENTS OF PARAGRAPH (2), THE LOCAL 15 EXCHANGE TELECOMMUNICATIONS COMPANY SHALL PROVIDE THE 16 REQUESTED ADVANCED SERVICE, OR OTHER REASONABLY COMPARABLE 17 SERVICE HAVING A BANDWIDTH WITHIN 100 KILOBITS PER SECOND 18 (KBPS) OF THE REQUESTED SERVICE, TO THE COMMUNITY AS SOON AS 19 PRACTICABLE, BUT IN NO EVENT LATER THAN 365 DAYS OF THE DATE 20 THE REQUIREMENTS OF PARAGRAPH (2) HAVE BEEN MET OR WITHIN THE 21 PERIOD APPROVED BY THE COMMISSION UNDER PARAGRAPH (5) OR (6) 22 WHERE: 23 (I) THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 24 PROVIDES THE REQUESTED ADVANCED SERVICE TO OTHER 25 CUSTOMERS IN ITS SERVICE TERRITORY; 26 (II) NO SERVICE IS AVAILABLE TO THE REQUESTING 27 CUSTOMERS FROM AN ALTERNATIVE SERVICE PROVIDER AT OR 28 WITHIN 100 KILOBITS PER SECOND (KBPS) OF THE DATA SPEED 29 REQUESTED OR SUCH SERVICE IS AVAILABLE AT A PRICE THAT 30 EXCEEDS THE THEN CURRENT PRICE OFFERED BY THE LOCAL 20030H0030B4758 - 61 -
1 EXCHANGE TELECOMMUNICATIONS COMPANY BY MORE THAN 50%; 2 (III) THE COMMUNITY IS SITUATED WITHIN THE SERVICE 3 TERRITORY OF THE LOCAL EXCHANGE TELECOMMUNICATIONS 4 COMPANY; AND 5 (IV) THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 6 DOES NOT HAVE TO PROVIDE FIBER TO THE CUSTOMER'S PREMISES 7 TO FURNISH THE REQUESTED ADVANCED SERVICE. 8 (5) WHERE, AS A RESULT OF PROPERTY ACQUISITION, 9 INCLUDING ACQUIRING RIGHTS-OF-WAY, OR NEW CONSTRUCTION A 10 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY IS UNABLE TO 11 PROVIDE THE REQUESTED ADVANCED SERVICE WITHIN THE ONE-YEAR 12 PERIOD SET FORTH IN PARAGRAPH (4), THE COMPANY MAY PETITION 13 THE COMMISSION FOR AN EXTENSION OF UP TO SIX MONTHS, WITH 14 SERVICE UPON THE CUSTOMER OR CUSTOMERS WHO MADE THE BONA FIDE 15 RETAIL REQUEST AND THE DEPARTMENT IF THE DEPARTMENT SUBMITTED 16 THE REQUEST ON BEHALF OF THE CUSTOMER OR CUSTOMERS. THE 17 COMMISSION MAY DELEGATE ITS AUTHORITY TO RULE ON SUCH 18 PETITIONS TO A BUREAU DIRECTOR OR OTHER APPROPRIATE EMPLOYEE 19 WHO SHALL GRANT THE PETITION FOR GOOD CAUSE SHOWN. 20 (6) WHERE THE TOTAL NUMBER OF BONA FIDE RETAIL REQUESTS 21 RECEIVED BY ANY LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY OR 22 AFFILIATED COMPANIES THAT MEET THE REQUIREMENTS OF PARAGRAPHS 23 (2) AND (4) EXCEED 40 REQUESTS IN ANY 12-MONTH PERIOD, OR 24 WHERE THERE ARE MORE THAN 20 SUCH REQUESTS THAT REQUIRE 25 PROPERTY ACQUISITION, INCLUDING ACQUIRING RIGHTS-OF-WAY, OR 26 NEW CONSTRUCTION IN ANY 12-MONTH PERIOD, THE LOCAL EXCHANGE 27 TELECOMMUNICATIONS COMPANY OR COMPANIES MAY PROVIDE A 28 VERIFIED CERTIFICATION TO THE COMMISSION THAT ONE OR BOTH OF 29 THE PREVIOUSLY STATED CRITERIA ARE MET, WITH SERVICE UPON THE <-- 30 CUSTOMER OR CUSTOMERS WHO MADE THE ADDITIONAL REQUESTS AND 20030H0030B4758 - 62 -
1 UPON THE DEPARTMENT IF THE DEPARTMENT SUBMITTED ANY SUCH 2 REQUESTS. UPON RECEIPT OF THE CERTIFICATION, THE COMMISSION, 3 OR THE COMMISSION THROUGH ITS DESIGNATED STAFF, SHALL PERMIT 4 THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY OR COMPANIES TO 5 EXTEND THE TIME FOR SUCH DEPLOYMENTS FOR A PERIOD OF NO MORE 6 THAN 12 MONTHS UNLESS THE COMMISSION DETERMINES AN ADDITIONAL 7 TIME PERIOD TO BE JUST AND REASONABLE. IF A DEPLOYMENT IS 8 EXTENDED, IT SHALL BE COUNTED IN DETERMINING THE MAXIMUM 9 NUMBER OF DEPLOYMENTS PROVIDED FOR UNDER THIS SUBSECTION IN 10 ANY 12-MONTH PERIOD COVERING THE MONTH TO WHICH IT IS 11 EXTENDED. 12 (7) NO ADVANCED SERVICE REQUESTED AND DEPLOYED BY A 13 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY UNDER THE BONA FIDE 14 RETAIL REQUEST PROGRAM WHICH HAS A BANDWIDTH OF LESS THAN 15 1.544 MEGABITS PER SECOND (MBPS) IN THE DOWNSTREAM DIRECTION 16 SHALL BE COUNTED AS A CREDIT TOWARD THE LOCAL EXCHANGE 17 TELECOMMUNICATIONS COMPANY'S BROADBAND DEPLOYMENT OBLIGATION 18 UNDER ITS NETWORK MODERNIZATION PLAN AMENDED PURSUANT TO 19 SUBSECTION (B)(2) OR (3). 20 (8) WITH REGARD TO REQUESTS SUBMITTED UNDER THIS 21 SUBSECTION, A RETAIL CUSTOMER MAY CHALLENGE THE ACTION OF A 22 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY PURSUANT TO SECTION 23 701 (RELATING TO COMPLAINTS). 24 (9) LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES WITH 25 BONA FIDE RETAIL REQUEST PROGRAMS SHALL PROVIDE SEMIANNUAL 26 REPORTS TO THE COMMISSION AND THE DEPARTMENT OF THE NUMBER OF 27 REQUESTS FOR ADVANCED SERVICES RECEIVED DURING THE REPORTING 28 PERIOD BY EXCHANGE OR DENSITY CELL AND THE ACTION TAKEN ON 29 REQUESTS MEETING THE REQUIREMENTS OF THIS SUBSECTION. 30 (10) A LOCAL EXCHANGE TELECOMMUNICATION COMPANY'S BONA 20030H0030B4758 - 63 -
1 FIDE RETAIL REQUEST PROGRAM ESTABLISHED UNDER THIS SUBSECTION 2 SHALL CONTINUE THROUGH DECEMBER 31, 2015, OR SUCH EARLIER 3 DATE AS THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY <-- 4 ACHIEVES 100% BROADBAND AVAILABILITY THROUGHOUT ITS SERVICE 5 TERRITORY. 6 (11) IN ADDITION TO ADJUDICATING ANY COMPLAINTS BROUGHT 7 BY CUSTOMERS UNDER PARAGRAPH (8), THE COMMISSION SHALL 8 MONITOR AND ENFORCE THE COMPLIANCE OF PARTICIPATING LOCAL 9 EXCHANGE TELECOMMUNICATIONS COMPANIES WITH THEIR OBLIGATIONS 10 UNDER THIS SUBSECTION. 11 (D) BUSINESS ATTRACTION OR RETENTION PROGRAM.-- 12 (1) NOT LATER THAN 90 DAYS AFTER AMENDING ITS NETWORK 13 MODERNIZATION PLAN UNDER SUBSECTION (B)(2) OR (3), THE LOCAL 14 EXCHANGE TELECOMMUNICATIONS COMPANY SHALL ESTABLISH A 15 BUSINESS ATTRACTION OR RETENTION PROGRAM TO PERMIT THE <-- 16 DEPARTMENT TO AGGREGATE CUSTOMER DEMAND WHERE NECESSARY AND 17 FACILITATE THE DEPLOYMENT OF ADVANCED OR BROADBAND SERVICES <-- 18 TO QUALIFYING BUSINESSES WHICH THE DEPARTMENT SEEKS TO 19 ATTRACT TO OR RETAIN IN THIS COMMONWEALTH AND WHICH SUBMIT <-- 20 REQUESTS FOR SUCH SERVICES WHOSE REQUESTS FOR SUCH SERVICES <-- 21 ARE SUBMITTED BY OR THROUGH THE DEPARTMENT. 22 (2) THE DEPARTMENT SHALL WORK WITH INDUSTRIAL <-- 23 DEVELOPMENT AGENCIES AND OTHER ECONOMIC DEVELOPMENT ENTITIES 24 IN THIS COMMONWEALTH TO AGGREGATE BUSINESS CUSTOMER DEMAND 25 WHERE NECESSARY AND SOLICIT THE SUBMISSION OF REQUESTS FOR 26 ADVANCED SERVICES THROUGH THE DEPARTMENT TO PARTICIPATING 27 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES, GIVING PRIORITY 28 ATTENTION TO BUSINESSES THAT THE DEPARTMENT WISHES TO ATTRACT 29 TO OR RETAIN IN KEYSTONE OPPORTUNITY ZONES, KEYSTONE 30 OPPORTUNITY EXPANSION ZONES, KEYSTONE OPPORTUNITY IMPROVEMENT 20030H0030B4758 - 64 -
1 ZONES, ENTERPRISE ZONES AND OTHER AREAS IDENTIFIED BY THE 2 DEPARTMENT AS LACKING ADEQUATE ADVANCED SERVICES ACCESS TO 3 PROMOTE ECONOMIC DEVELOPMENT. 4 (3) EACH LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY WHICH 5 AMENDS ITS NETWORK MODERNIZATION PLAN UNDER SUBSECTION (B)(2) 6 OR (3) NOT LATER THAN 90 DAYS AFTER THE EFFECTIVE DATE OF ITS 7 AMENDED PLAN SHALL DESIGNATE A SINGLE POINT OF CONTACT TO 8 RECEIVE ALL WRITTEN ADVANCED SERVICES REQUESTS FORWARDED BY 9 THE DEPARTMENT, PROVIDE ASSOCIATED CONTACT INFORMATION TO THE 10 DEPARTMENT AND PROVIDE THE DEPARTMENT AND THE COMMISSION WITH 11 A WRITTEN DESCRIPTION OF ITS PARTICIPATION IN THE PROGRAM AND 12 A SAMPLE REQUEST FOR ADVANCED SERVICES FORM FOR USE IN THE 13 PROGRAM. 14 (4) BUSINESSES, WHICH ALONE OR COLLECTIVELY QUALIFY TO 15 SUBMIT A BONA FIDE RETAIL REQUEST, MAY SUBMIT WRITTEN 16 REQUESTS FOR ADVANCED SERVICES TO THE DEPARTMENT. THE 17 DEPARTMENT SHALL FORWARD EACH REQUEST TO THE LOCAL EXCHANGE 18 TELECOMMUNICATIONS COMPANY'S SINGLE POINT OF CONTACT. THE 19 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY SHALL DETERMINE 20 WHETHER THE REQUEST CAN BETTER BE PROCESSED AS A DEPARTMENT- 21 ORIGINATED BONA FIDE RETAIL REQUEST OR, IF IT DEEMS THE 22 DEMAND LARGE OR VARIED ENOUGH, AS A MAJOR ADVANCED SERVICES 23 ORDER THAT SHOULD BE PROCESSED OUTSIDE OF THE BONA FIDE 24 RETAIL REQUEST PROGRAM. THE SINGLE POINT OF CONTACT SHALL 25 ADVISE THE DEPARTMENT AND THE QUALIFYING BUSINESS OR 26 BUSINESSES OF THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY'S 27 DECISION. 28 (2) EACH LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY WHICH <-- 29 AMENDS ITS NETWORK MODERNIZATION PLAN UNDER SUBSECTION (B)(2) 30 OR (3) NOT LATER THAN 90 DAYS AFTER THE EFFECTIVE DATE OF ITS 20030H0030B4758 - 65 -
1 AMENDED PLAN SHALL DESIGNATE A SINGLE POINT OF CONTACT TO 2 RECEIVE ALL WRITTEN ADVANCED OR BROADBAND SERVICE REQUESTS 3 FORWARDED BY THE DEPARTMENT, PROVIDE ASSOCIATED CONTACT 4 INFORMATION TO THE DEPARTMENT AND PROVIDE THE DEPARTMENT AND 5 THE COMMISSION WITH A WRITTEN DESCRIPTION OF ITS 6 PARTICIPATION IN THE PROGRAM AND A SAMPLE REQUEST FOR 7 ADVANCED OR BROADBAND SERVICES FORM FOR USE IN THE PROGRAM. 8 (3) THE DEPARTMENT MAY SUBMIT A REQUEST TO THE 9 APPLICABLE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY BY OR ON 10 BEHALF OF QUALIFYING BUSINESSES IN AREAS THAT THE DEPARTMENT 11 DEEMS PRIORITY AREAS FOR ECONOMIC DEVELOPMENT, INCLUDING AND 12 GIVING PREFERENCE TO KEYSTONE OPPORTUNITY ZONES, KEYSTONE 13 OPPORTUNITY EXPANSION ZONES, ENTERPRISE ZONES, KEYSTONE 14 OPPORTUNITY IMPROVEMENT ZONES AND OTHER AREAS IDENTIFIED BY 15 THE DEPARTMENT AS LACKING ADEQUATE ACCESS TO ADVANCED OR 16 BROADBAND SERVICES WHICH WOULD BE IMPORTANT IN ORDER TO 17 PROMOTE ECONOMIC DEVELOPMENT PROJECTS IN THOSE AREAS. 18 (4) THE DEPARTMENT SHALL ESTABLISH AN ADVISORY COMMITTEE 19 THAT SHALL CONSIST OF REPRESENTATIVES OF EACH LOCAL EXCHANGE 20 TELECOMMUNICATIONS COMPANY WITH A BUSINESS ATTRACTION OR 21 RETENTION PROGRAM, LOCAL DEVELOPMENT DISTRICTS AND OTHER 22 LOCAL ECONOMIC AND INDUSTRIAL DEVELOPMENT AGENCIES TO ASSIST 23 THE DEPARTMENT IN DEVELOPING PROTOCOLS AND PROCEDURES FOR 24 IMPLEMENTING THESE PROGRAMS PURSUANT TO THIS SUBSECTION. 25 (5) QUALIFYING BUSINESS OR BUSINESSES' REQUESTS FOR 26 ADVANCED SERVICES SUBMITTED BY THE DEPARTMENT THAT ARE 27 PROVISIONED THROUGH THE BONA FIDE RETAIL REQUEST PROGRAM 28 SHALL BE PROCESSED IN ACCORDANCE WITH SUBSECTION (C) AND 29 SHALL BE ALLOCATED 50% OF THE MAXIMUM NUMBER OF ANNUAL 30 DEPLOYMENTS REFERENCED IN SUBSECTION (C)(6). OTHER REQUESTS 20030H0030B4758 - 66 -
1 SHALL BE ALLOCATED 50% OF THE NUMBER OF SUCH DEPLOYMENTS, 2 PROVIDED, HOWEVER, THAT ANY ALLOCATED DEPLOYMENTS THAT ARE 3 UNUSED MAY BE UTILIZED BY THE DEPARTMENT OR NONDEPARTMENT 4 APPLICANTS, AS APPLICABLE. 5 (6) FOR QUALIFYING BUSINESS OR BUSINESSES WHOSE REQUEST 6 FOR ADVANCED SERVICES IS DETERMINED BY THE LOCAL EXCHANGE <-- 7 TELECOMMUNICATIONS COMPANY TO BE BETTER PROCESSED OUTSIDE OF 8 THE BONA FIDE RETAIL REQUEST PROGRAM, THE LOCAL EXCHANGE 9 TELECOMMUNICATIONS COMPANY SHALL MAKE A PROPOSAL TO THE 10 REQUESTING BUSINESS OR BUSINESSES TO PROVIDE THE REQUESTED 11 ADVANCED SERVICE OR SERVICES OR BROADBAND SERVICE, AND <-- 12 SUBSEQUENTLY SHALL PROVISION SUCH SERVICE OR SERVICES WITHIN <-- 13 ONE YEAR AFTER THE BUSINESS OR BUSINESSES SIGN A CONTRACT FOR 14 THE SERVICE OR SERVICES, SERVICE. THE LOCAL EXCHANGE <-- 15 TELECOMMUNICATIONS COMPANY SHALL ADVISE THE DEPARTMENT AND 16 THE BUSINESS OR BUSINESSES WITHIN 30 DAYS OF THE DATE THE 17 CONTRACT IS SIGNED OF THE DATE BY WHICH THE REQUESTED 18 ADVANCED OR BROADBAND SERVICE WILL BE PROVIDED, WHICH DATE 19 SHALL BE NOT LATER THAN ONE YEAR AFTER THE DATE THE CONTRACT 20 IS SIGNED, UNLESS THE BUSINESS OR BUSINESSES AGREE TO A 21 LONGER PERIOD, OR THE LOCAL EXCHANGE TELECOMMUNICATIONS 22 COMPANY OBTAINS COMMISSION APPROVAL OF AN EXTENSION UNDER THE 23 SAME PROCEDURE SET FORTH IN SUBSECTION (C)(5). 24 (7) NO ADVANCED SERVICE REQUESTED OF AND DEPLOYED BY A <-- 25 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY UNDER THE BUSINESS 26 ATTRACTION OR RETENTION PROGRAM WHICH HAS A BANDWIDTH OF LESS 27 THAN 1.544 MEGABITS PER SECOND (MBPS) IN THE DOWNSTREAM 28 DIRECTION SHALL BE COUNTED AS A CREDIT TOWARD THE LOCAL 29 EXCHANGE TELECOMMUNICATION COMPANY'S BROADBAND DEPLOYMENT 30 OBLIGATION UNDER ITS NETWORK MODERNIZATION PLAN AMENDED UNDER 20030H0030B4758 - 67 -
1 SUBSECTION (B)(2) OR (3). 2 (8) EACH LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY, 3 WHICH IS REQUIRED TO PARTICIPATE IN THE DEPARTMENT'S BUSINESS 4 ATTRACTION OR RETENTION PROGRAM, SHALL CONTINUE ITS 5 PARTICIPATION THROUGH DECEMBER 31, 2015, OR SUCH EARLIER DATE 6 AS IT ACHIEVES 100% BROADBAND AVAILABILITY THROUGHOUT ITS 7 SERVICE TERRITORY. 8 (9) THE DEPARTMENT SHALL OVERSEE LOCAL EXCHANGE 9 TELECOMMUNICATIONS COMPANY PARTICIPATION IN THE BUSINESS 10 ATTRACTION OR RETENTION PROGRAM, INCLUDING THE TIMELY 11 COMPLETION OF QUALIFYING ADVANCED SERVICES REQUESTS SUBMITTED <-- 12 OR BROADBAND SERVICES REQUESTS SUBMITTED BY OR THROUGH THE <-- 13 DEPARTMENT, WHICH ARE PROCESSED WITHIN OR OUTSIDE OF THE 14 PARTICIPATING LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES' 15 BONA FIDE RETAIL REQUEST PROGRAMS. 16 (10) THE COMMISSION SHALL MONITOR AND ENFORCE THE 17 COMPLIANCE OF PARTICIPATING LOCAL EXCHANGE TELECOMMUNICATIONS 18 COMPANIES WITH THEIR OBLIGATIONS UNDER THE BUSINESS 19 ATTRACTION OR RETENTION PROGRAM. 20 (E) NOTICE OF FILING OF AMENDMENTS.--A LOCAL EXCHANGE 21 TELECOMMUNICATIONS COMPANY THAT ELECTS TO AMEND ITS NETWORK 22 MODERNIZATION PLAN UNDER SUBSECTION (B) SHALL NOTIFY THE 23 COMMISSION IN WRITING OF SUCH ELECTION AND, WITHIN 60 DAYS 24 FOLLOWING SUCH NOTIFICATION, FILE ITS AMENDED NETWORK 25 MODERNIZATION PLAN WITH THE COMMISSION. COPIES OF THE WRITTEN 26 NOTICE OF ELECTION AND OF THE AMENDED NETWORK MODERNIZATION PLAN 27 SHALL BE SERVED BY THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 28 ON THE OFFICE OF CONSUMER ADVOCATE AND THE OFFICE OF SMALL 29 BUSINESS ADVOCATE. CONCURRENT WITH THE FILING OF THE AMENDED 30 PLAN WITH THE COMMISSION, THE LOCAL EXCHANGE TELECOMMUNICATIONS 20030H0030B4758 - 68 -
1 COMPANY SHALL PUBLISH NOTICE OF SUCH FILING IN A NEWSPAPER OR 2 NEWSPAPERS OF GENERAL CIRCULATION IN ITS SERVICE TERRITORY OR BY 3 BILL MESSAGE OR INSERT. THE AMENDED NETWORK MODERNIZATION PLAN <-- 4 SHALL BECOME EFFECTIVE UPON FILING WITH THE COMMISSION. AN <-- 5 AMENDED PLAN COMPLIANT WITH THE REQUIREMENTS OF THIS CHAPTER 6 SHALL BE APPROVED BY THE COMMISSION WITHIN 100 DAYS OF ITS 7 FILING. IF THE COMMISSION FAILS TO ACT WITHIN 100 DAYS, THE 8 AMENDED PLAN SHALL BE DEEMED APPROVED. 9 (F) NETWORK MODERNIZATION PLAN REPORT.-- 10 (1) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 11 OPERATING UNDER A NETWORK MODERNIZATION PLAN SHALL CONTINUE 12 TO FILE WITH THE COMMISSION, BIENNIAL REPORTS ON ITS 13 PROVISION OF BROADBAND AVAILABILITY IN THE FORM AND DETAIL 14 REQUIRED BY THE COMMISSION AS OF JULY 1, 2004, UNLESS SUCH 15 REPORTING REQUIREMENTS ARE SUBSEQUENTLY REDUCED BY THE 16 COMMISSION. 17 (2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO 18 IMPEDE THE ABILITY OF THE COMMISSION TO REQUIRE THE 19 SUBMISSION OF FURTHER INFORMATION TO SUPPORT THE ACCURACY OF 20 OR TO SEEK AN EXPLANATION OF THE REPORTS SPECIFIED IN THIS 21 SUBSECTION. 22 (3) UNDER NO CIRCUMSTANCES SHALL THE COMMISSION COMPEL 23 THE PUBLIC RELEASE OF MAPS OR OTHER INFORMATION DESCRIBING 24 THE ACTUAL LOCATION OF A LOCAL EXCHANGE COMMUNICATIONS <-- 25 TELECOMMUNICATIONS COMPANY'S FACILITIES. <-- 26 (G) ASSISTANCE TO POLITICAL SUBDIVISIONS.--A LOCAL EXCHANGE 27 TELECOMMUNICATIONS COMPANY SHALL COMMIT, IN ITS AMENDED NETWORK 28 MODERNIZATION PLAN, TO MAKE TECHNICAL ASSISTANCE AVAILABLE TO 29 POLITICAL SUBDIVISIONS LOCATED IN ITS SERVICE TERRITORY IN 30 PURSUING THE DEPLOYMENT OF ADDITIONAL TELECOMMUNICATIONS 20030H0030B4758 - 69 -
1 INFRASTRUCTURE OR SERVICES BY THE LOCAL EXCHANGE 2 TELECOMMUNICATIONS COMPANY. 3 (H) PROHIBITION AGAINST POLITICAL SUBDIVISION ADVANCED AND 4 BROADBAND SERVICES DEPLOYMENT.-- 5 (1) EXCEPT AS OTHERWISE PROVIDED FOR UNDER PARAGRAPH 6 (2), A POLITICAL SUBDIVISION OR ANY ENTITY ESTABLISHED BY A 7 POLITICAL SUBDIVISION MAY NOT PROVIDE TO THE PUBLIC FOR 8 COMPENSATION ANY TELECOMMUNICATIONS SERVICES, INCLUDING 9 ADVANCED AND BROADBAND SERVICES, WITHIN THE SERVICE TERRITORY 10 OF A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY OPERATING 11 UNDER A NETWORK MODERNIZATION PLAN. 12 (2) A POLITICAL SUBDIVISION MAY OFFER ADVANCED OR 13 BROADBAND SERVICES IF THE POLITICAL SUBDIVISION HAS SUBMITTED 14 A WRITTEN REQUEST FOR THE DEPLOYMENT OF SUCH SERVICE TO THE 15 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY SERVING THE AREA 16 AND, WITHIN TWO MONTHS OF RECEIPT OF THE REQUEST, THE LOCAL 17 EXCHANGE TELECOMMUNICATIONS COMPANY OR ONE OF ITS AFFILIATES 18 HAS NOT AGREED TO PROVIDE THE DATA SPEEDS REQUESTED. IF THE 19 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY OR ONE OF ITS 20 AFFILIATES AGREES TO PROVIDE THE DATA SPEEDS REQUESTED, THEN 21 IT MUST DO SO WITHIN 14 MONTHS OF RECEIPT OF THE REQUEST. 22 (3) THE PROHIBITION IN PARAGRAPH (1) SHALL NOT BE 23 CONSTRUED TO PRECLUDE THE CONTINUED PROVISION OR OFFERING OF 24 TELECOMMUNICATIONS SERVICES BY A POLITICAL SUBDIVISION OF THE 25 SAME TYPE AND SCOPE AS WERE BEING PROVIDED ON THE EFFECTIVE 26 DATE OF THIS SECTION. 27 (I) BROADBAND OUTREACH AND AGGREGATION PROGRAM.-- 28 (1) THE DEPARTMENT SHALL ESTABLISH A BROADBAND OUTREACH 29 AND AGGREGATION PROGRAM FOR THE PURPOSE OF MAKING 30 EXPENDITURES AND PROVIDING GRANTS FROM THE BROADBAND OUTREACH 20030H0030B4758 - 70 -
1 AND AGGREGATION FUND ESTABLISHED UNDER SECTION 3015(C) 2 (RELATING TO ALTERNATIVE FORMS OF REGULATION) FOR: 3 (I) OUTREACH PROGRAMS FOR POLITICAL SUBDIVISIONS, 4 ECONOMIC DEVELOPMENT ENTITIES, SCHOOLS, HEALTH CARE 5 FACILITIES, BUSINESSES AND RESIDENTIAL CUSTOMERS 6 CONCERNING THE BENEFITS, USE AND PROCUREMENT OF BROADBAND 7 SERVICES; AND 8 (II) SEED GRANTS TO AGGREGATE CUSTOMER DEMAND FOR 9 BROADBAND SERVICES IN COMMUNITIES OR POLITICAL 10 SUBDIVISIONS WITH LIMITED ACCESS TO SUCH SERVICES AND TO <-- 11 PERMIT CUSTOMERS IN SUCH COMMUNITIES OR POLITICAL 12 SUBDIVISIONS TO REQUEST SUCH SERVICES FROM A 13 TELECOMMUNICATIONS PROVIDER. 14 (2) THE DEPARTMENT SHALL ANNUALLY REPORT TO THE 15 COMMISSION ON ALL PAYMENTS TO AND EXPENDITURES FROM THE 16 BROADBAND OUTREACH AND AGGREGATION FUND AND THE COMMISSION 17 SHALL VERIFY THE ACCURACY OF THE CONTRIBUTIONS FROM THE 18 PARTICIPATING LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES. 19 (J) EDUCATION TECHNOLOGY PROGRAM.-- 20 (1) THE DEPARTMENT OF EDUCATION SHALL ESTABLISH AN 21 EDUCATION TECHNOLOGY PROGRAM FOR THE PURPOSE OF PROVIDING 22 GRANTS TO SCHOOL ENTITIES FROM THE EDUCATION TECHNOLOGY FUND 23 (E-FUND) ESTABLISHED UNDER SECTION 3015(D). 24 (2) THE DEPARTMENT OF EDUCATION SHALL AUTHORIZE GRANTS 25 FROM THE E-FUND FOR THE FOLLOWING PURPOSES: 26 (I) PURCHASE OR LEASE OF TELECOMMUNICATIONS 27 SERVICES, INFRASTRUCTURE OR FACILITIES TO ESTABLISH AND 28 SUPPORT BROADBAND NETWORKS BETWEEN, AMONG AND WITHIN 29 SCHOOL ENTITIES AND NOT FOR THE PROVISION OF 30 TELECOMMUNICATIONS SERVICES TO THE PUBLIC FOR 20030H0030B4758 - 71 -
1 COMPENSATION. 2 (II) PURCHASE OR LEASE OF PREMISES 3 TELECOMMUNICATIONS NETWORK EQUIPMENT AND END-USER 4 EQUIPMENT TO ENABLE THE EFFECTIVE USE OF BROADBAND 5 NETWORKS BETWEEN, AMONG AND WITHIN SCHOOL ENTITIES AND 6 NOT FOR THE PROVISION OF TELECOMMUNICATIONS SERVICES TO 7 THE PUBLIC FOR COMPENSATION. 8 (III) DISTANCE LEARNING INITIATIVES THAT USE THE 9 FOREGOING BROADBAND NETWORKS. 10 (IV) TECHNICAL SUPPORT SERVICES FOR THE ACTIVITIES 11 DESCRIBED IN SUBPARAGRAPHS (I) THROUGH (III). 12 (3) EACH APPLICANT SCHOOL ENTITY SHALL BE REQUIRED TO 13 PROVIDE 100% MATCHING FUNDS TO SUPPORT EACH E-FUND GRANT 14 REQUEST. FUNDS RECEIVED FROM FEDERAL TECHNOLOGY PROGRAMS SUCH 15 AS THE UNIVERSAL SERVICE SUPPORT MECHANISM FOR SCHOOLS AND 16 LIBRARIES SET FORTH IN 47 CFR PT. 54 (RELATING TO UNIVERSAL 17 SERVICE OR SUCCESSOR REGULATIONS), IN-KIND CONTRIBUTIONS AND <-- 18 ANY OTHER TECHNOLOGY EXPENDITURES SHALL BE APPLIED TOWARD THE 19 MATCHING FUND REQUIREMENT. 20 (4) NO LATER THAN 90 DAYS AFTER THE EFFECTIVE DATE OF 21 THIS SECTION, THE DEPARTMENT OF EDUCATION SHALL PRESCRIBE THE 22 GRANT PROCESS AND THE FORM AND MANNER OF THE E-FUND 23 APPLICATION. GRANTS SHALL BE LIMITED TO THE FUNDS AVAILABLE 24 IN THE EDUCATION TECHNOLOGY FUND. IN AWARDING GRANTS, THE 25 DEPARTMENT OF EDUCATION SHALL GIVE PRIORITY TO APPLICATIONS: 26 (I) THAT ARE SUBMITTED BY SCHOOL ENTITIES THAT SEEK 27 FUNDS FOR DISCOUNTED BROADBAND SERVICES UNDER SUBSECTION 28 (L) OR FOR BROADBAND INFRASTRUCTURE, FACILITIES OR 29 EQUIPMENT FROM LOCAL EXCHANGE TELECOMMUNICATIONS 30 COMPANIES WHICH CONTRIBUTE TO THE E-FUND; 20030H0030B4758 - 72 -
1 (II) THAT SEEK FUNDS FOR REGIONAL NETWORKS THAT 2 SERVE MULTIPLE SCHOOL DISTRICTS WHICH ARE FILED ON BEHALF 3 OF MULTIPLE SCHOOL DISTRICTS AND SCHOOL ENTITIES; OR 4 (III) THAT SEEK FUNDS FOR TELECOMMUNICATIONS <-- 5 SERVICES, INFRASTRUCTURE OR FACILITIES THAT PROVIDE 6 BROADBAND BANDWIDTHS OF GREATER THAN 1.544 MEGABITS PER 7 SECOND (MBPS). 8 (III) THAT ARE SUBMITTED BY SCHOOL ENTITIES THAT DO <-- 9 NOT HAVE BROADBAND SERVICE, PROVIDED, HOWEVER, THAT 10 NOTHING IN THIS SUBSECTION SHALL PRECLUDE THE DEPARTMENT 11 FROM AWARDING FUNDS TO SCHOOL ENTITIES FOR 12 TELECOMMUNICATIONS SERVICES, INFRASTRUCTURE OR FACILITIES 13 THAT PROVIDE BANDWIDTHS GREATER THAN 1.544 MEGABITS PER 14 SECOND (MBPS). 15 THE DEPARTMENT OF EDUCATION SHALL ASSURE THAT THE 16 APPLICATIONS FUNDED EACH YEAR ARE GEOGRAPHICALLY DISPERSED 17 THROUGHOUT THE COMMONWEALTH. 18 (K) BALANCED DEPLOYMENT.--A LOCAL EXCHANGE 19 TELECOMMUNICATIONS COMPANY SHALL REASONABLY BALANCE DEPLOYMENT 20 OF ITS BROADBAND NETWORK BETWEEN RURAL, URBAN AND SUBURBAN AREAS 21 WITHIN ITS SERVICE TERRITORY, AS THOSE AREAS ARE APPLICABLE, IN 22 ACCORDANCE WITH ITS APPROVED NETWORK MODERNIZATION PLAN. 23 (L) BROADBAND DISCOUNTS TO SCHOOLS.--EACH LOCAL EXCHANGE 24 TELECOMMUNICATIONS COMPANY THAT ELECTS TO AMEND ITS NETWORK 25 MODERNIZATION PLAN PURSUANT TO THIS SECTION: 26 (1) SHALL OFFER SCHOOL CUSTOMERS WHICH MEET THE 27 ELIGIBILITY STANDARDS DESCRIBED IN 47 CFR 54.501 (RELATING TO 28 ELIGIBILITY FOR SERVICES PROVIDED BY TELECOMMUNICATIONS 29 CARRIERS) AND WHICH AGREE TO ENTER INTO A MINIMUM THREE-YEAR 30 CONTRACT, A 30% DISCOUNT, OR GREATER DISCOUNT AT THE LOCAL 20030H0030B4758 - 73 -
1 EXCHANGE TELECOMMUNICATIONS COMPANY'S DISCRETION, IN THE 2 OTHERWISE APPLICABLE TARIFFED DISTANCE SENSITIVE PER-MILE 3 RATE ELEMENT AND ALSO WILL WAIVE THE ASSOCIATED NONRECURRING 4 CHARGES FOR AVAILABLE INTRASTATE BROADBAND SERVICES WHERE 5 USED FOR EDUCATIONAL PURPOSES AND NOT FOR THE PROVISION OF 6 TELECOMMUNICATIONS SERVICES TO THE PUBLIC FOR COMPENSATION. 7 THE DISCOUNT OR WAIVER SHALL NOT BE REQUIRED WHERE 8 APPLICATION OF IT TO A PARTICULAR SERVICE WOULD CONFLICT WITH 9 APPLICABLE LAW. 10 (2) WILL ASSIST SCHOOL CUSTOMERS IN APPLYING FOR E-RATE 11 FUNDING UNDER 47 CFR 54.505 (RELATING TO DISCOUNTS). 12 (M) INVENTORY OF AVAILABLE SERVICES.-- 13 (1) THE DEPARTMENT SHALL COMPILE, PERIODICALLY UPDATE 14 AND PUBLISH, INCLUDING AT ITS INTERNET WEBSITE, A LISTING OF 15 ADVANCED AND BROADBAND SERVICES, BY GENERAL LOCATION, 16 AVAILABLE FROM ALL ADVANCED AND BROADBAND SERVICE PROVIDERS 17 OPERATING IN THIS COMMONWEALTH IRRESPECTIVE OF THE TECHNOLOGY 18 USED. 19 (2) ALL PROVIDERS OF ADVANCED AND BROADBAND SERVICES 20 SHALL COOPERATE WITH THE DEPARTMENT. 21 (3) THE DEPARTMENT MAY NOT DISCLOSE MAPS OR OTHER 22 INFORMATION DESCRIBING THE SPECIFIC LOCATION OF ANY 23 TELECOMMUNICATIONS CARRIER'S OR ALTERNATIVE SERVICE 24 PROVIDER'S FACILITIES. 25 (N) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE 26 CONSTRUED: 27 (1) AS GIVING THE COMMISSION THE AUTHORITY TO REQUIRE A 28 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY TO PROVIDE SPECIFIC 29 SERVICES OR TO DEPLOY A SPECIFIC TECHNOLOGY TO RETAIL 30 CUSTOMERS SEEKING BROADBAND OR ADVANCED SERVICES. 20030H0030B4758 - 74 -
1 (2) AS PROHIBITING A LOCAL EXCHANGE TELECOMMUNICATIONS 2 COMPANY FROM PARTICIPATING IN JOINT VENTURES WITH OTHER 3 ENTITIES IN MEETING ITS ADVANCED SERVICES AND BROADBAND 4 DEPLOYMENT COMMITMENTS UNDER ITS NETWORK MODERNIZATION PLAN. 5 § 3015. ALTERNATIVE FORMS OF REGULATION. 6 (A) INFLATION OFFSET.-- 7 (1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPHS (2) AND 8 (3), A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY WITH AN 9 ALTERNATIVE FORM OF REGULATION CONTAINING A PRICE STABILITY 10 MECHANISM THAT FILES AN AMENDED NETWORK MODERNIZATION PLAN 11 UNDER SECTION 3014(B)(1), (2) OR (3) (RELATING TO NETWORK 12 MODERNIZATION PLANS) SHALL BE SUBJECT TO A MODIFIED INFLATION 13 OFFSET IN ITS PRICE STABILITY MECHANISM IN ADJUSTING ITS 14 RATES FOR NONCOMPETITIVE SERVICES, EFFECTIVE UPON THE FILING 15 OF AN AMENDED NETWORK MODERNIZATION PLAN UNDER SECTION 16 3014(E), AS FOLLOWS: 17 (I) IF A NONRURAL TELECOMMUNICATIONS CARRIER FILES 18 AN AMENDED NETWORK MODERNIZATION PLAN UNDER SECTION 19 3014(B)(3) THAT COMMITS TO DEPLOY 100% BROADBAND 20 AVAILABILITY BY DECEMBER 31, 2013, THEN THE CARRIER'S 21 INFLATION OFFSET SHALL BE ZERO. 22 (II) IF A NONRURAL TELECOMMUNICATIONS CARRIER FILES 23 AN AMENDED NETWORK MODERNIZATION PLAN UNDER SECTION 24 3014(B)(3) THAT COMMITS TO DEPLOY 100% BROADBAND 25 AVAILABILITY BY DECEMBER 31, 2015, THEN THE CARRIER'S 26 INFLATION OFFSET SHALL BE EQUAL TO 0.5%. 27 (III) IF A RURAL TELECOMMUNICATIONS CARRIER FILES AN 28 AMENDED NETWORK MODERNIZATION PLAN UNDER SECTION 29 3014(B)(1) THAT COMMITS TO DEPLOY 100% BROADBAND 30 AVAILABILITY BY DECEMBER 31, 2008, OR UNDER SECTION 20030H0030B4758 - 75 -
1 3014(B)(2)(II)(A) THAT COMMITS TO DEPLOY 100% BROADBAND 2 AVAILABILITY BY DECEMBER 31, 2013, THEN THE CARRIER'S 3 INFLATION OFFSET SHALL BE ZERO. 4 (IV) IF A RURAL TELECOMMUNICATIONS CARRIER FILES AN 5 AMENDED NETWORK MODERNIZATION PLAN UNDER SECTION 6 3014(B)(2)(II)(B) THAT COMMITS TO DEPLOY 100% BROADBAND 7 AVAILABILITY BY DECEMBER 31, 2015, THEN THE CARRIER'S 8 INFLATION OFFSET SHALL BE EQUAL TO 0.5%. 9 (2) UTILIZING NETWORK MODERNIZATION PLAN REPORTS FILED <-- 10 WITH THE COMMISSION BY LOCAL EXCHANGE TELECOMMUNICATIONS 11 COMPANIES UNDER SECTION 3014(F), THE COMMISSION SHALL MONITOR 12 AND ENFORCE COMPANIES' COMPLIANCE WITH THEIR INTERIM AND 13 FINAL 100% COMMITMENTS FOR BROADBAND AVAILABILITY IN THEIR 14 AMENDED NETWORK MODERNIZATION PLANS. IN THE EVENT THAT A 15 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY IS FOUND BY THE 16 COMMISSION, AFTER NOTICE AND EVIDENTIARY HEARINGS, TO HAVE <-- 17 FAILED TO MEET ITS COMMITMENT FOR BROADBAND AVAILABILITY 18 UNDER ITS AMENDED NETWORK MODERNIZATION PLAN, HELD ON AN <-- 19 EXPEDITED BASIS, TO HAVE FAILED TO MEET SUCH AN INTERIM OR 20 FINAL 100% COMMITMENT, THEN THE COMMISSION SHALL REQUIRE THE 21 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY TO REFUND TO 22 CUSTOMERS IN ITS NEXT PRICE STABILITY FILING, AN AMOUNT THAT 23 IS JUST AND REASONABLE UNDER THE CIRCUMSTANCES, BUT NOT TO. <-- 24 SUCH AMOUNT SHALL NOT EXCEED AN AMOUNT DETERMINED BY 25 MULTIPLYING THE PERCENTAGE SHORTFALL OF THE BROADBAND 26 AVAILABILITY COMMITMENT ON AN ACCESS LINE BASIS REQUIRED TO <-- 27 BE MET DURING THE PERIOD FROM THE START OF THE AMENDED PLAN 28 OR FROM THE DATE OF THE LAST PRIOR INTERIM COMMITMENT, AS 29 APPLICABLE, TIMES THE INCREASED REVENUE THAT WAS OBTAINED 30 DURING THIS PERIOD AS A RESULT OF THE MODIFIED INFLATION <-- 20030H0030B4758 - 76 -
1 OFFSET PROVIDED IN THIS SECTION THAT REDUCED THE INFLATION 2 OFFSET APPLICABLE IN THE LOCAL EXCHANGE TELECOMMUNICATIONS 3 COMPANY'S ALTERNATIVE REGULATION PLAN IN EFFECT ON THE 4 EFFECTIVE DATE OF THIS SECTION, PLUS INTEREST CALCULATED 5 UNDER SECTION 1308(D) (RELATING TO VOLUNTARY CHANGES IN 6 RATES). ANY SUCH REFUND REQUIRED UNDER THIS SUBSECTION SHALL <-- 7 BE SEPARATE FROM AND IN ADDITION TO ANY CIVIL OR OTHER 8 PENALTIES THAT THE COMMISSION MAY IMPOSE ON A LOCAL EXCHANGE 9 TELECOMMUNICATIONS COMPANY UNDER CHAPTER 33. 10 (3) WHERE ANNUAL RATE ADJUSTMENTS MADE UNDER A NONRURAL 11 TELECOMMUNICATIONS CARRIER'S PRICE STABILITY MECHANISM ARE 12 CALCULATED USING ONLY REVENUES FROM PROTECTED SERVICES, AN <-- 13 AVERAGE RATE ADJUSTMENT FOR PROTECTED RESIDENTIAL CUSTOMER 14 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICE LINES SHALL BE 15 DETERMINED BY DIVIDING THE TOTAL PROTECTED SERVICE REVENUES 16 ASSOCIATED WITH SUCH LINES, AS ADJUSTED BY THE PRICE 17 STABILITY FORMULA, BY THE NUMBER OF SUCH LINES, AND THE RATE 18 ADJUSTMENT FOR ANY INDIVIDUAL LINE SHALL NOT VARY FROM THIS 19 AVERAGE RATE ADJUSTMENT BY MORE THAN 20%. 20 (B) RATE CHANGES FOR RURAL TELECOMMUNICATIONS CARRIERS.-- 21 (1) IN ADDITION TO THE RATE CHANGE PROVISIONS IN ITS 22 ALTERNATIVE FORM OF REGULATION PLAN, A RURAL 23 TELECOMMUNICATIONS CARRIER OPERATING WITHOUT A PRICE 24 STABILITY MECHANISM THAT FILES WITH THE COMMISSION AN AMENDED 25 NETWORK MODERNIZATION PLAN UNDER SECTION 3014(B)(1) OR (2) 26 SHALL BE PERMITTED AT ANY TIME TO FILE PROPOSED TARIFF 27 CHANGES WITH THE COMMISSION, EFFECTIVE 45 DAYS AFTER FILING, 28 SETTING FORTH MISCELLANEOUS CHANGES, INCLUDING INCREASES AND 29 DECREASES, IN RATES FOR NONCOMPETITIVE SERVICES, EXCLUDING 30 BASIC RESIDENTIAL AND BUSINESS RATES, PROVIDED SUCH RATE 20030H0030B4758 - 77 -
1 CHANGES DO NOT INCREASE THE RURAL TELECOMMUNICATIONS 2 CARRIER'S ANNUAL INTRASTATE REVENUES BY MORE THAN 3%. 3 (2) THE COMMISSION TARIFF FILING REQUIREMENTS AND REVIEW 4 ASSOCIATED WITH SUCH PROPOSED RATE CHANGES SHALL BE LIMITED 5 TO SCHEDULES SUBMITTED BY THE RURAL TELECOMMUNICATIONS 6 CARRIER DETAILING THE IMPACT OF THE RATE CHANGES ON THE 7 CARRIER'S ANNUAL INTRASTATE REVENUES. 8 (3) A RURAL TELECOMMUNICATIONS CARRIER THAT IMPLEMENTS 9 NONCOMPETITIVE RATE CHANGES CONSISTENT WITH THE PROCEDURE SET 10 FORTH IN ITS ALTERNATIVE FORM OF REGULATION PLAN SHALL BE 11 REQUIRED ONLY TO FILE SUCH FINANCIAL AND COST DATA WITH THE 12 COMMISSION TO JUSTIFY SUCH CHANGES AS IS REQUIRED UNDER ITS 13 COMMISSION-APPROVED ALTERNATIVE FORM OF REGULATION PLAN. 14 (4) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (1), (2) 15 OR (3), FOR ANY RURAL TELECOMMUNICATIONS CARRIER SERVING LESS 16 THAN 50,000 ACCESS LINES IN THIS COMMONWEALTH AND OPERATING 17 UNDER AN ALTERNATIVE FORM OF REGULATION PLAN, A FORMAL 18 COMPLAINT TO DENY RATE CHANGES FOR NONCOMPETITIVE SERVICES, 19 UNLESS SIGNED BY AT LEAST 20 CUSTOMERS OF THE RURAL 20 TELECOMMUNICATIONS CARRIER, SHALL NOT PREVENT IMPLEMENTATION 21 OF THE RATE CHANGES PENDING THE ADJUDICATION OF THE FORMAL 22 COMPLAINT BY THE COMMISSION. 23 (C) BROADBAND OUTREACH AND AGGREGATION FUND.-- 24 (1) THERE IS HEREBY ESTABLISHED WITHIN THE STATE 25 TREASURY A SPECIAL FUND TO BE KNOWN AS THE BROADBAND OUTREACH 26 AND AGGREGATION FUND FOR THE PURPOSES ENUMERATED IN SECTION 27 3014(I). 28 (2) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY THAT 29 FILES AN AMENDED NETWORK MODERNIZATION PLAN UNDER SECTION 30 3014(B)(2) OR (3) SHALL CONTRIBUTE TO THE FUND BE ASSESSED BY <-- 20030H0030B4758 - 78 -
1 THE COMMISSION FOR CONTRIBUTION TO THE FUND AND TO THE E-FUND 2 ESTABLISHED UNDER SUBSECTION (D) AN AMOUNT UP TO, BUT NOT 3 MORE THAN, 10% 20% OF THE FIRST YEAR'S ANNUAL REVENUE EFFECT: <-- 4 (I) OF ANY RATE INCREASE PERMITTED BY THE 5 ELIMINATION OR REDUCTION OF THE OFFSET UNDER SUBSECTION 6 (A) AND PLACED INTO EFFECT; OR 7 (II) OF ANY RATE INCREASE PLACED INTO EFFECT UNDER 8 SUBSECTION (B)(1), IF THE LOCAL EXCHANGE 9 TELECOMMUNICATIONS COMPANY IS OPERATING WITHOUT A PRICE 10 STABILITY MECHANISM. 11 (3) THE CONTRIBUTION SHALL BE PAYABLE IN EQUAL QUARTERLY <-- 12 INSTALLMENTS AND CALCULATED ON PROJECTED INCREASED REVENUES 13 FOR THE FIRST YEAR OF THE RATE CHANGE. THE CONTRIBUTIONS 14 SHALL ALSO BE MADE IN CONNECTION WITH EACH SUBSEQUENT 15 NONCOMPETITIVE SERVICE RATE INCREASE UNTIL THE LOCAL EXCHANGE 16 TELECOMMUNICATIONS COMPANY ACHIEVES 100% BROADBAND 17 AVAILABILITY THROUGHOUT ITS SERVICE TERRITORY. 18 (3) AN AMOUNT NOT TO EXCEED 50% OF SUCH ASSESSMENT SHALL <-- 19 BE ALLOCATED TO THE FUND. THE REMAINDER OF THE ASSESSMENT 20 SHALL BE ALLOCATED TO THE E-FUND PROVIDED FOR UNDER 21 SUBSECTION (D) UNTIL ITS TERMINATION ON JUNE 30, 2011. AFTER 22 THE E-FUND TERMINATION, THE MAXIMUM ASSESSMENT PERCENTAGE 23 SHALL BE REDUCED FROM 20% TO 10%, AND CONTRIBUTIONS SHALL BE 24 MADE ONLY TO THE FUND UNTIL THE LOCAL EXCHANGE 25 TELECOMMUNICATIONS COMPANY ACHIEVES 100% BROADBAND 26 AVAILABILITY. CONTRIBUTIONS OF ALLOCATED AMOUNTS SHALL BE 27 PAID TO THE FUND AND THE E-FUND BY THE LOCAL EXCHANGE 28 TELECOMMUNICATIONS COMPANY IN EQUAL QUARTERLY INSTALLMENTS. 29 (4) IN NO EVENT SHALL THE TOTAL AMOUNT OF THE FUND 30 EXCEED $5,000,000 ANNUALLY AND IN THE EVENT OF SUCH 20030H0030B4758 - 79 -
1 OVERFUNDING, THE DEPARTMENT SHALL CREDIT THE OVERCOLLECTION 2 TO THE NEXT YEAR'S CONTRIBUTION AMOUNT. 3 (5) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY THAT 4 ELECTS TO AMEND ITS NETWORK MODERNIZATION PLAN PURSUANT TO 5 SECTION 3014 (B)(1) SHALL NOT BE REQUIRED TO CONTRIBUTE TO 6 THE FUND. 7 (6) THE MONEYS IN THE BROADBAND OUTREACH AND AGGREGATION 8 FUND ARE HEREBY APPROPRIATED, UPON APPROVAL OF THE GOVERNOR, 9 TO THE DEPARTMENT FOR THE PURPOSES ENUMERATED IN PARAGRAPH 10 (1). THE DEPARTMENT MAY USE UP TO 3% OF THE MONEY IN THE FUND 11 FOR ADMINISTRATION. 12 (7) THE FUND SHALL CONTINUE UNTIL JULY 1, 2016, AT WHICH 13 TIME THE FUND SHALL TERMINATE, AND THE DEPARTMENT SHALL 14 RETURN ANY FUNDS REMAINING IN THE FUND, ON A PRO RATA BASIS, 15 TO THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES THAT 16 CONTRIBUTED TO THE FUND. 17 (D) EDUCATION TECHNOLOGY FUND (E-FUND).-- 18 (1) THERE IS HEREBY ESTABLISHED WITHIN THE STATE 19 TREASURY A SPECIAL FUND TO BE KNOWN AS THE EDUCATION 20 TECHNOLOGY FUND (E-FUND) FOR THE PURPOSES ENUMERATED IN 21 PARAGRAPH (4). 22 (2) ALL ASSESSMENTS COLLECTED BY THE COMMISSION UNDER E- <-- 23 FUND ASSESSMENTS IMPOSED BY THE COMMISSION UNDER SUBSECTION 24 (C)(2) AND PARAGRAPH (3), MONEYS SPECIFICALLY APPROPRIATED BY 25 THE GENERAL ASSEMBLY FOR THE PURPOSES OF THIS SUBSECTION, AND 26 ANY FUNDS, CONTRIBUTIONS OR PAYMENTS WHICH MAY BE MADE 27 AVAILABLE TO THE FUND BY THE FEDERAL GOVERNMENT, ANOTHER 28 STATE AGENCY OR ANY PUBLIC OR PRIVATE SOURCE FOR THE PURPOSE 29 OF IMPLEMENTING THIS SUBSECTION SHALL BE DEPOSITED IN THE E- 30 FUND. 20030H0030B4758 - 80 -
1 (3) BEGINNING IN 2005 AND CONTINUING THROUGH 2010, THE 2 COMMISSION SHALL, NO LATER THAN JUNE 30, ANNUALLY ASSESS EACH 3 NONRURAL TELECOMMUNICATIONS CARRIER THAT FILES AN AMENDED 4 NETWORK MODERNIZATION PLAN UNDER SECTION 3014(B)(3), AN 5 AMOUNT TO BE DEPOSITED IN THE E-FUND. EACH CARRIER'S ANNUAL 6 ASSESSMENT SHALL BE PAYABLE IN TWO EQUAL INSTALLMENTS DUE ON 7 OCTOBER 31 OF EACH YEAR, AND JANUARY 31 OF THE FOLLOWING 8 YEAR, AND SHALL BE BASED ON THE RELATIVE PROPORTION OF THE 9 RETAIL ACCESS LINES SERVED BY THE NONRURAL TELECOMMUNICATIONS 10 CARRIER IN RELATION TO THE NUMBER OF RETAIL ACCESS LINES 11 SERVED BY ALL NONRURAL TELECOMMUNICATIONS CARRIERS THAT HAVE 12 FILED AN AMENDED NETWORK MODERNIZATION PLAN UNDER SECTION 13 3014(B)(3). A RURAL TELECOMMUNICATIONS CARRIER SHALL NOT BE <-- 14 REQUIRED TO CONTRIBUTE TO THE E-FUND. FOR FISCAL YEARS 2005 15 AND 2006, FOR FISCAL YEARS 2005-2006 AND 2006-2007, THE TOTAL <-- 16 ANNUAL ASSESSMENT AMOUNT SHALL BE $7,000,000. FOR FISCAL 17 YEARS 2007 THROUGH 2010 2007-2008, 2008-2009, 2009-2010 AND <-- 18 2010-2011, THE TOTAL ANNUAL ASSESSMENT AMOUNT SHALL BE THE 19 DIFFERENCE BETWEEN $7,000,000 AND ANY AMOUNT REMAINING IN THE 20 E-FUND FROM PRIOR FISCAL YEARS WHICH REMAINS UNENCUMBERED OR 21 UNEXPENDED. A NONRURAL TELECOMMUNICATIONS CARRIER'S 22 ASSESSMENTS REQUIRED UNDER THIS PARAGRAPH MAY NOT BE 23 RECOVERED VIA A SURCHARGE ON CUSTOMERS' BILLS OR IN RATES FOR 24 NONCOMPETITIVE SERVICES AS EXOGENOUS CHANGE ADJUSTMENT UNDER 25 THE PROVISIONS OF THE CARRIER'S PRICE STABILITY MECHANISM AND 26 SUBSECTION (A)(3) WHERE APPLICABLE. 27 (4) ADDITIONAL LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY <-- 28 CONTRIBUTIONS TO THE E-FUND SHALL BE MADE PURSUANT TO THE 29 PROVISIONS OF SUBSECTIONS (C)(2) AND (3). 30 (4) (5) THE DEPARTMENT OF EDUCATION SHALL EXPEND THE <-- 20030H0030B4758 - 81 -
1 MONEYS OF THE E-FUND FOR THE PURPOSE OF PROVIDING GRANTS TO 2 SCHOOL ENTITIES AS PRESCRIBED BY SECTION 3014(J). 3 (5) (6) THE MONEYS OF THE EDUCATION TECHNOLOGY FUND ARE <-- 4 HEREBY APPROPRIATED, UPON APPROVAL OF THE GOVERNOR, TO THE 5 DEPARTMENT OF EDUCATION FOR THE PURPOSES ENUMERATED IN 6 PARAGRAPH (4). THE DEPARTMENT OF EDUCATION MAY USE UP TO 3% 7 OF THE MONEY FOR ADMINISTRATION. APPROPRIATIONS BY THE 8 GENERAL ASSEMBLY TO THE FUND SHALL BE CONTINUING 9 APPROPRIATIONS AND SHALL NOT LAPSE AT THE CLOSE OF ANY FISCAL 10 YEAR. 11 (6) (7) THE E-FUND SHALL CONTINUE UNTIL JUNE 30, 2011, <-- 12 AT WHICH TIME THE FUND SHALL TERMINATE AND THE DEPARTMENT OF 13 EDUCATION SHALL RETURN ANY FUNDS REMAINING THEREIN, ON A PRO 14 RATA BASIS, TO THE LOCAL EXCHANGE TELECOMMUNICATIONS 15 COMPANIES THAT CONTRIBUTED TO THE FUND. 16 (E) GENERAL FILING AND AUDIT REQUIREMENTS.--THE COMMISSION'S <-- 17 FILING REQUIREMENTS FOR A LOCAL EXCHANGE TELECOMMUNICATIONS 18 COMPANY THAT IS OPERATING UNDER AN AMENDED NETWORK MODERNIZATION 19 PLAN SHALL BE LIMITED TO THE FOLLOWING: 20 (1) NETWORK MODERNIZATION PLAN REPORTS FILED PURSUANT TO 21 SECTION 3014(F). 22 (2) AN ANNUAL FINANCIAL REPORT CONSISTING OF A BALANCE 23 SHEET AND INCOME STATEMENT. 24 (3) AN ANNUAL DEAF, SPEECH-IMPAIRED AND HEARING-IMPAIRED 25 RELAY INFORMATION REPORT. 26 (4) AN ANNUAL SERVICE REPORT. 27 (5) UNIVERSAL SERVICE REPORTS. 28 (6) AN ANNUAL ACCESS LINE REPORT. 29 (7) AN ANNUAL STATEMENT OF GROSS INTRASTATE OPERATING 30 REVENUES FOR PURPOSES OF CALCULATING ASSESSMENTS FOR 20030H0030B4758 - 82 -
1 REGULATORY EXPENSES. 2 (8) AN ANNUAL STATE TAX ADJUSTMENT COMPUTATION FOR YEARS 3 IN WHICH A TAX CHANGE HAS OCCURRED, IF APPLICABLE. 4 (9) FOR THOSE COMPANIES WITH A BONA FIDE RETAIL REQUEST 5 PROGRAM, A BONA FIDE RETAIL REQUEST REPORT UNDER SECTION 6 3014(C)(9). THESE REPORTS SHALL BE SUBMITTED IN THE FORM 7 DETERMINED BY THE COMMISSION. 8 (F) OTHER REPORTS.-- 9 (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE TO 10 THE CONTRARY, NO REPORT, STATEMENT, FILING OR OTHER DOCUMENT 11 OR INFORMATION, EXCEPT AS SPECIFIED IN SUBSECTION (E), SHALL 12 BE REQUIRED OF ANY LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 13 UNLESS THE COMMISSION, UPON NOTICE TO THE AFFECTED LOCAL 14 EXCHANGE TELECOMMUNICATIONS COMPANY AND AN OPPORTUNITY TO BE 15 HEARD, HAS FIRST MADE SPECIFIC WRITTEN FINDINGS SUPPORTING 16 CONCLUSIONS IN AN ENTERED ORDER THAT: 17 (I) THE REPORT IS NECESSARY TO ENSURE THAT THE LOCAL 18 EXCHANGE TELECOMMUNICATIONS COMPANY IS CHARGING RATES 19 THAT ARE IN COMPLIANCE WITH THIS CHAPTER AND ITS 20 EFFECTIVE ALTERNATIVE FORM OF REGULATION. 21 (II) THE BENEFITS OF THE REPORT SUBSTANTIALLY 22 OUTWEIGH THE ATTENDANT EXPENSE AND ADMINISTRATIVE TIME 23 AND EFFORT REQUIRED OF THE LOCAL EXCHANGE 24 TELECOMMUNICATIONS COMPANY TO PREPARE IT. 25 (2) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO 26 IMPEDE THE ABILITY OF THE COMMISSION TO REQUIRE THE 27 SUBMISSION OF FURTHER INFORMATION TO SUPPORT THE ACCURACY OF 28 OR TO SEEK AN EXPLANATION OF THE REPORTS SPECIFIED IN 29 SUBSECTION (E). 30 (G) RATE CHANGE LIMITATIONS.--NOTHING IN THIS CHAPTER SHALL 20030H0030B4758 - 83 -
1 BE CONSTRUED TO LIMIT THE REQUIREMENT OF SECTION 1301 (RELATING 2 TO RATES TO BE JUST AND REASONABLE) THAT RATES SHALL BE JUST AND 3 REASONABLE. THE ANNUAL RATE CHANGE LIMITATIONS SET FORTH IN A 4 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY'S EFFECTIVE 5 COMMISSION-APPROVED ALTERNATIVE FORM OF REGULATION PLAN OR ANY 6 OTHER COMMISSION-APPROVED ANNUAL RATE CHANGE LIMITATION SHALL 7 REMAIN APPLICABLE AND SHALL BE DEEMED JUST AND REASONABLE UNDER 8 SECTION 1301. 9 (H) CONFORMANCE OF PLAN.--UPON THE FILING BY A LOCAL 10 EXCHANGE TELECOMMUNICATIONS COMPANY OF NETWORK MODERNIZATION 11 PLAN AMENDMENTS PURSUANT TO SECTION 3014(E), THE LOCAL EXCHANGE 12 TELECOMMUNICATIONS COMPANY'S ALTERNATIVE FORM OF REGULATION PLAN 13 SHALL BE DEEMED AMENDED CONSISTENT WITH THIS SECTION. 14 § 3016. COMPETITIVE SERVICES. 15 (A) COMMISSION DETERMINATION OF PROTECTED, NONPROTECTED AND <-- 16 RETAIL NONPROTECTED AND RETAIL NONCOMPETITIVE SERVICES AS <-- 17 COMPETITIVE.-- 18 (1) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY MAY 19 PETITION THE COMMISSION FOR A DETERMINATION OF WHETHER A 20 PROTECTED OR RETAIL NONCOMPETITIVE SERVICE OR OTHER BUSINESS <-- 21 ACTIVITY IN ITS SERVICE TERRITORY OR A PARTICULAR GEOGRAPHIC 22 AREA, EXCHANGE OR GROUP OF EXCHANGES, OR DENSITY CELL WITHIN 23 ITS SERVICE TERRITORY IS COMPETITIVE BASED ON THE 24 DEMONSTRATED AVAILABILITY OF LIKE OR SUBSTITUTE SERVICES OR 25 OTHER BUSINESS ACTIVITIES PROVIDED OR OFFERED BY ALTERNATIVE 26 SERVICE PROVIDERS. THE COMMISSION, AFTER NOTICE AND HEARING, 27 SHALL ENTER AN ORDER GRANTING OR DENYING THE PETITION WITHIN 28 60 DAYS OF THE FILING DATE, OR WITHIN 90 150 DAYS OF THE <-- 29 FILING DATE WHERE A PROTEST IS TIMELY FILED, OR THE PETITION 30 SHALL BE DEEMED GRANTED. 20030H0030B4758 - 84 -
1 (2) THE LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY SHALL 2 SERVE A COPY OF ITS PETITION ON THE OFFICE OF CONSUMER 3 ADVOCATE, THE OFFICE OF SMALL BUSINESS ADVOCATE AND EACH OF 4 THE PARTIES TO THE COMMISSION'S PROCEEDING IN WHICH THE 5 COMPANY'S NETWORK MODERNIZATION PLAN THAT WAS IN EFFECT ON 6 DECEMBER 31, 2003, WAS APPROVED BY THE COMMISSION. 7 (3) IN MAKING ITS DETERMINATION, THE COMMISSION SHALL 8 CONSIDER ALL RELEVANT INFORMATION SUBMITTED TO IT, INCLUDING 9 THE AVAILABILITY OF LIKE OR SUBSTITUTE SERVICES OR OTHER 10 BUSINESS ACTIVITIES, AND SHALL LIMIT ITS DETERMINATION TO THE 11 SERVICE TERRITORY OR THE PARTICULAR GEOGRAPHIC AREA, EXCHANGE 12 OR GROUP OF EXCHANGES OR DENSITY CELL IN WHICH THE SERVICE OR 13 OTHER BUSINESS ACTIVITY HAS BEEN PROVED TO BE COMPETITIVE. 14 (4) THE BURDEN OF PROVING THAT A PROTECTED OR RETAIL <-- 15 NONCOMPETITIVE SERVICE OR OTHER BUSINESS ACTIVITY IS 16 COMPETITIVE RESTS ON THE LOCAL EXCHANGE TELECOMMUNICATIONS 17 COMPANY. 18 (B) DECLARATION OF RETAIL NONPROTECTED SERVICES AS <-- 19 COMPETITIVE.--NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (A), 20 A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY MAY DECLARE ANY 21 RETAIL NONPROTECTED SERVICE AS COMPETITIVE BY FILING ITS <-- 22 DECLARATION WITH THE COMMISSION AND SERVING IT ON THE OFFICE OF 23 CONSUMER ADVOCATE, OFFICE OF SMALL BUSINESS ADVOCATE AND EACH OF 24 THE PARTIES TO THE COMMISSIONS PROCEEDING IN WHICH THE COMPANY'S 25 NETWORK MODERNIZATION PLAN THAT WAS IN EFFECT ON DECEMBER 31, 26 2003, WAS APPROVED BY THE COMMISSION, PROVIDED THAT A LOCAL 27 EXCHANGE TELECOMMUNICATIONS COMPANY MAY NOT USE THIS DECLARATION 28 PROCESS FOR ANY SERVICE THAT THE COMMISSION PREVIOUSLY HAS 29 RECLASSIFIED AS NONCOMPETITIVE UNDER EITHER SUBSECTION (C) OR 30 PRIOR LAW. A DECLARATION OF A RETAIL NONPROTECTED SERVICE AS <-- 20030H0030B4758 - 85 -
1 COMPETITIVE SHALL BE EFFECTIVE UPON FILING BY THE LOCAL EXCHANGE 2 TELECOMMUNICATIONS COMPANY WITH THE COMMISSION. 3 (C) RECLASSIFICATION.-- 4 (1) A PARTY MAY PETITION THE COMMISSION FOR A 5 DETERMINATION OF WHETHER A SERVICE OR OTHER BUSINESS ACTIVITY 6 PREVIOUSLY DETERMINED OR DECLARED TO BE COMPETITIVE IS 7 NONCOMPETITIVE. THE COMMISSION, AFTER NOTICE AND HEARING, 8 SHALL ENTER AN ORDER DECIDING THE PETITION WITHIN 60 DAYS OF 9 THE FILING DATE OR 90 DAYS OF THE FILING DATE WHERE A PROTEST 10 IS TIMELY FILED, OR THE PETITION SHALL BE APPROVED. 11 (2) THE PETITIONER SHALL SERVE A COPY OF THE PETITION ON 12 THE AFFECTED LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY, IF 13 THE PETITIONER IS NOT THE COMPANY, THE OFFICE OF CONSUMER 14 ADVOCATE, THE OFFICE OF SMALL BUSINESS ADVOCATE, AND EACH OF 15 THE PARTIES TO THE COMMISSION'S PROCEEDING IN WHICH THE 16 COMPANY'S NETWORK MODERNIZATION PLAN THAT WAS IN EFFECT ON 17 DECEMBER 31, 2003, WAS APPROVED BY THE COMMISSION. 18 (3) IN MAKING ITS DETERMINATION, THE COMMISSION SHALL 19 CONSIDER ALL RELEVANT INFORMATION SUBMITTED TO IT, INCLUDING 20 THE AVAILABILITY OF LIKE OR SUBSTITUTE SERVICES OR OTHER 21 BUSINESS ACTIVITIES, AND SHALL LIMIT ITS DETERMINATION TO THE 22 PARTICULAR GEOGRAPHIC AREA, EXCHANGE OR DENSITY CELL IN WHICH 23 THE SERVICE OR OTHER BUSINESS ACTIVITY HAS BEEN PROVED TO BE 24 NONCOMPETITIVE. 25 (4) THE BURDEN OF PROVING THAT A COMPETITIVE SERVICE OR 26 OTHER BUSINESS ACTIVITY SHOULD BE RECLASSIFIED AS 27 NONCOMPETITIVE RESTS ON THE PARTY SEEKING THE 28 RECLASSIFICATION. 29 (5) IF THE COMMISSION RECLASSIFIES A SERVICE OR OTHER 30 BUSINESS ACTIVITY AS NONCOMPETITIVE, THE COMMISSION SHALL 20030H0030B4758 - 86 -
1 DETERMINE A JUST AND REASONABLE RATE FOR THE RECLASSIFIED 2 SERVICE OR BUSINESS ACTIVITY IN ACCORDANCE WITH SECTION 1301 3 (RELATING TO RATES TO BE JUST AND REASONABLE). 4 (D) ADDITIONAL REQUIREMENTS.-- 5 (1) THE PRICES WHICH A LOCAL EXCHANGE TELECOMMUNICATIONS 6 COMPANY CHARGES FOR COMPETITIVE SERVICES SHALL NOT BE LESS 7 THAN THE COSTS TO PROVIDE THE SERVICES. 8 (2) THE COMMISSION MAY NOT REQUIRE TARIFFS FOR 9 COMPETITIVE SERVICE OFFERINGS TO BE FILED WITH THE 10 COMMISSION. 11 (3) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY, AT ITS 12 OPTION, MAY TARIFF ITS RATES, SUBJECT TO RULES AND 13 REGULATIONS APPLICABLE TO THE PROVISION OF COMPETITIVE 14 SERVICES. 15 (4) THE COMMISSION MAY REQUIRE A LOCAL EXCHANGE 16 TELECOMMUNICATIONS COMPANY TO MAINTAIN PRICE LISTS WITH THE 17 COMMISSION APPLICABLE TO ITS COMPETITIVE SERVICES. PRICE 18 CHANGES THAT ARE FILED IN A COMPANY'S TARIFF FOR COMPETITIVE 19 SERVICES WILL GO INTO EFFECT ON A ONE-DAY NOTICE. 20 (E) PRICING FLEXIBILITY AND BUNDLING.-- 21 (1) SUBJECT TO THE REQUIREMENTS OF SUBSECTION (D)(1), A 22 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY MAY PRICE 23 COMPETITIVE SERVICES AT THE COMPANY'S DISCRETION. 24 (2) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY MAY 25 OFFER AND BILL TO CUSTOMERS ON ONE BILL BUNDLED PACKAGES OF 26 SERVICES WHICH INCLUDE NONTARIFFED, COMPETITIVE, 27 NONCOMPETITIVE OR PROTECTED SERVICES, INCLUDING SERVICES OF 28 AN AFFILIATE, IN COMBINATIONS AND AT A SINGLE PRICE SELECTED 29 BY THE COMPANY. A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY 30 MAY FILE AN INFORMATIONAL TARIFF FOR A BUNDLED PACKAGE 20030H0030B4758 - 87 -
1 EFFECTIVE ON A ONE-DAY NOTICE. 2 (3) IF A CUSTOMER SUBSCRIBES TO A BUNDLED PACKAGE OF <-- 3 SERVICES WHICH INCLUDE NONTARIFFED, COMPETITIVE, 4 NONCOMPETITIVE OR PROTECTED SERVICES AS PROVIDED IN PARAGRAPH 5 (2) AND DOES NOT MAKE PAYMENT OF THE PACKAGE CHARGES ON OR 6 BEFORE A BILLING DUE DATE, THE LOCAL EXCHANGE 7 TELECOMMUNICATIONS COMPANY MAY SUSPEND ALL OF THE CUSTOMER'S 8 SERVICES SUBSCRIBED TO IN THE BUNDLED PACKAGE FOLLOWING 9 WRITTEN NOTICE TO THE CUSTOMER OF SUCH SUSPENSION AT LEAST 10 SEVEN DAYS PRIOR TO THE SUSPENSION AND THEREAFTER MAY 11 TERMINATE ALL THE CUSTOMER'S BUNDLED PACKAGE SERVICES 12 FOLLOWING WRITTEN NOTICE TO THE CUSTOMER OF SUCH TERMINATION 13 AT LEAST TEN DAYS PRIOR TO THE TERMINATION, PROVIDED THAT THE 14 CUSTOMER HAS NOT ADVISED THE LOCAL EXCHANGE 15 TELECOMMUNICATIONS COMPANY THAT THE CUSTOMER IS REASONABLY 16 DISPUTING ALL OR PART OF THE PACKAGE CHARGES. IN THE EVENT 17 THAT THE CUSTOMER LODGES SUCH A DISPUTE, THE LOCAL EXCHANGE 18 TELECOMMUNICATIONS COMPANY SHALL NOT INITIATE OR CONTINUE 19 SUSPENSION OR TERMINATION ACTION PENDING RESOLUTION OF THE 20 DISPUTE. 21 (4) (3) WHEN AN ALTERNATIVE SERVICE PROVIDER IS OFFERING 22 LOCAL EXCHANGE TELECOMMUNICATIONS SERVICES WITHIN AN EXCHANGE 23 OF A RURAL TELECOMMUNICATIONS CARRIER, THE RURAL 24 TELECOMMUNICATIONS CARRIER MAY REDUCE ITS PRICES ON SERVICES 25 OFFERED WITHIN THE EXCHANGE BELOW THE RATES SET FORTH IN ITS 26 OTHERWISE APPLICABLE TARIFF IN ORDER TO MEET SUCH 27 COMPETITION. A RURAL TELECOMMUNICATIONS CARRIER MAY NOT 28 OFFSET REVENUE REDUCTIONS RESULTING FROM SUCH COMPETITIVE 29 PRICING BY INCREASING RATES CHARGED TO OTHER CUSTOMERS 30 THROUGH ITS PRICE STABILITY MECHANISM OR OTHERWISE. 20030H0030B4758 - 88 -
1 (F) PROHIBITIONS.-- 2 (1) A LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY SHALL BE 3 PROHIBITED FROM USING REVENUES EARNED OR EXPENSES INCURRED IN 4 CONJUNCTION WITH NONCOMPETITIVE SERVICES TO SUBSIDIZE 5 COMPETITIVE SERVICES. 6 (2) PARAGRAPH (1) SHALL NOT BE CONSTRUED TO PREVENT THE 7 MARKETING AND BILLING OF PACKAGES CONTAINING BOTH 8 NONCOMPETITIVE AND COMPETITIVE SERVICES TO CUSTOMERS. 9 § 3017. ACCESS CHARGES. 10 (A) GENERAL RULE.--THE COMMISSION MAY NOT REQUIRE A LOCAL 11 EXCHANGE TELECOMMUNICATIONS COMPANY TO REDUCE ACCESS RATES 12 EXCEPT ON A REVENUE-NEUTRAL BASIS. AND MAY NOT ORDER DECREASES <-- 13 IN ACCESS RATES FOR A NONRURAL TELECOMMUNICATIONS CARRIER. 14 (B) REFUSAL TO PAY ACCESS CHARGES PROHIBITED.--NO PERSON OR 15 ENTITY MAY REFUSE TO PAY TARIFFED ACCESS CHARGES FOR 16 INTEREXCHANGE SERVICES PROVIDED BY A LOCAL EXCHANGE 17 TELECOMMUNICATIONS COMPANY. 18 (C) LIMITATION.--NO TELECOMMUNICATIONS CARRIER PROVIDING 19 COMPETITIVE LOCAL EXCHANGE TELECOMMUNICATIONS SERVICE MAY CHARGE 20 ACCESS RATES HIGHER THAN THOSE CHARGED BY THE INCUMBENT LOCAL 21 EXCHANGE TELECOMMUNICATIONS COMPANY IN THE SAME SERVICE 22 TERRITORY, UNLESS SUCH CARRIER CAN DEMONSTRATE THAT THE HIGHER 23 ACCESS RATES ARE COST JUSTIFIED. 24 § 3018. INTEREXCHANGE TELECOMMUNICATIONS CARRIERS. 25 (A) COMPETITIVE AND NONCOMPETITIVE SERVICES.--INTEREXCHANGE 26 SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS 27 SHALL BE COMPETITIVE SERVICES. 28 (B) RATE REGULATION.-- 29 (1) THE COMMISSION MAY NOT FIX OR PRESCRIBE THE RATES, 30 TOLLS, CHARGES, RATE STRUCTURES, RATE BASE, RATE OF RETURN, 20030H0030B4758 - 89 -
1 OPERATING MARGIN OR EARNINGS FOR INTEREXCHANGE COMPETITIVE 2 SERVICES OR OTHERWISE REGULATE INTEREXCHANGE COMPETITIVE 3 SERVICES EXCEPT AS SET FORTH IN THIS CHAPTER. 4 (2) AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER MAY FILE 5 AND MAINTAIN TARIFFS OR PRICE LISTS WITH THE COMMISSION FOR 6 COMPETITIVE TELECOMMUNICATIONS SERVICES. 7 (3) NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO LIMIT 8 THE AUTHORITY OF THE COMMISSION TO REGULATE THE PRIVACY OF 9 INTEREXCHANGE SERVICE AND THE ORDERING, INSTALLATION, 10 RESTORATION AND DISCONNECTION OF INTEREXCHANGE SERVICE TO 11 CUSTOMERS. 12 (C) RECLASSIFICATION.--THE COMMISSION MAY RECLASSIFY 13 TELECOMMUNICATIONS SERVICES PROVIDED BY AN INTEREXCHANGE 14 TELECOMMUNICATIONS CARRIER AS NONCOMPETITIVE IF, AFTER NOTICE 15 AND HEARING, IT DETERMINES, UPON APPLICATION OF THE CRITERIA SET 16 FORTH IN THIS CHAPTER, THAT SUFFICIENT COMPETITION IS NO LONGER 17 PRESENT. 18 (D) CONSTRUCTION.--NOTHING IN THIS CHAPTER SHALL BE 19 CONSTRUED: 20 (1) TO LIMIT THE AUTHORITY OF THE COMMISSION TO RESOLVE 21 COMPLAINTS REGARDING THE QUALITY OF INTEREXCHANGE 22 TELECOMMUNICATIONS CARRIER SERVICE. 23 (2) TO LIMIT THE AUTHORITY OF THE COMMISSION TO 24 DETERMINE WHETHER AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER 25 SHOULD BE EXTENDED THE PRIVILEGE OF OPERATING WITHIN THIS 26 COMMONWEALTH OR TO ORDER THE FILING OF SUCH REPORTS, 27 DOCUMENTS AND INFORMATION AS MAY BE NECESSARY TO MONITOR THE 28 MARKET FOR AND COMPETITIVENESS OF INTEREXCHANGE 29 TELECOMMUNICATIONS SERVICES. 30 § 3019. ADDITIONAL POWERS AND DUTIES. 20030H0030B4758 - 90 -
1 (A) GENERAL RULE.--THE COMMISSION MAY CERTIFY MORE THAN ONE 2 TELECOMMUNICATIONS CARRIER TO PROVIDE LOCAL EXCHANGE 3 TELECOMMUNICATIONS SERVICE IN A SPECIFIC GEOGRAPHIC LOCATION. 4 THE CERTIFICATION SHALL BE GRANTED UPON A SHOWING THAT IT IS IN 5 THE PUBLIC INTEREST AND THAT THE APPLICANT POSSESSES SUFFICIENT 6 TECHNICAL, FINANCIAL AND MANAGERIAL RESOURCES. 7 (B) POWERS AND DUTIES RETAINED.--THE COMMISSION SHALL RETAIN 8 THE FOLLOWING POWERS AND DUTIES RELATING TO THE REGULATION OF 9 ALL TELECOMMUNICATIONS CARRIERS AND INTEREXCHANGE 10 TELECOMMUNICATIONS CARRIERS, INCLUDING THE POWER TO SEEK 11 INFORMATION NECESSARY TO FACILITATE THE EXERCISE OF THESE POWERS 12 AND DUTIES: 13 (1) TO AUDIT THE ACCOUNTING AND REPORTING SYSTEMS OF 14 TELECOMMUNICATIONS CARRIERS RELATING TO THEIR TRANSACTIONS 15 WITH AFFILIATES PURSUANT TO CHAPTER 21 (RELATING TO RELATIONS 16 WITH AFFILIATED INTERESTS). A TELECOMMUNICATIONS CARRIER 17 SHALL FILE AFFILIATED INTEREST AND AFFILIATED TRANSACTION 18 AGREEMENTS UNLESS SUCH AGREEMENTS INVOLVE SERVICES DECLARED 19 TO BE COMPETITIVE. THE FILINGS SHALL CONSTITUTE NOTICE TO THE 20 COMMISSION ONLY AND SHALL NOT REQUIRE APPROVAL BY THE 21 COMMISSION. 22 (2) TO REVIEW AND REVISE QUALITY OF SERVICE STANDARDS 23 CONTAINED IN 52 PA. CODE (RELATING TO PUBLIC UTILITIES) THAT 24 ADDRESS THE SAFETY, ADEQUACY, RELIABILITY AND PRIVACY OF 25 TELECOMMUNICATIONS SERVICES AND THE ORDERING, INSTALLATION, 26 SUSPENSION, TERMINATION AND RESTORATION OF ANY 27 TELECOMMUNICATIONS SERVICE. ANY REVIEW OR REVISION SHALL TAKE 28 INTO CONSIDERATION THE EMERGENCE OF NEW INDUSTRY 29 PARTICIPANTS, TECHNOLOGICAL ADVANCEMENTS, SERVICE STANDARDS 30 AND CONSUMER DEMAND. 20030H0030B4758 - 91 -
1 (3) SUBJECT TO THE PROVISIONS OF SECTION 3015(E) 2 (RELATING TO ALTERNATIVE FORMS OF REGULATION), TO ESTABLISH 3 SUCH ADDITIONAL REQUIREMENTS AS ARE CONSISTENT WITH THIS 4 CHAPTER AS THE COMMISSION DETERMINES TO BE NECESSARY TO 5 ENSURE THE PROTECTION OF CUSTOMERS. 6 (4) TO CONDITION THE SALE, MERGER OR ACQUISITION, <-- 7 ACQUISITION OR OTHER TRANSACTION REQUIRED TO BE APPROVED 8 UNDER SECTION 1102(A)(3) OF A LOCAL EXCHANGE <-- 9 TELECOMMUNICATIONS COMPANY OR ANY FACILITIES USED TO PROVIDE 10 TELECOMMUNICATIONS SERVICES TO ENSURE THAT THERE IS NO 11 REDUCTION IN THE ADVANCED SERVICE OR BROADBAND DEPLOYMENT 12 OBLIGATIONS FOR THE SOLD, MERGED OR ACQUIRED PROPERTY. <-- 13 AFFECTED PROPERTY OR FACILITIES. <-- 14 (C) AUDITS OF NONRURAL TELECOMMUNICATIONS CARRIERS.--AUDITS <-- 15 OF NONRURAL TELECOMMUNICATIONS CARRIERS SHALL BE CONDUCTED ONCE 16 EVERY FOUR YEARS UNLESS THE COMMISSION FINDS THAT A SPECIFIC 17 AUDIT IS UNNECESSARY, BUT IN NO EVENT SHALL SUCH AUDITS BE 18 CONDUCTED LESS THAN ONCE EVERY SEVEN YEARS. AUDITS OF NONRURAL 19 TELECOMMUNICATIONS CARRIERS SHALL INCLUDE AN EXAMINATION OF THE 20 COMPANIES' COMPLIANCE WITH COMMISSION ORDERS AND REGULATIONS, 21 AND AT LEAST ONE SUCH AUDIT SHALL BE CONDUCTED FOR EACH COMPANY 22 BEFORE THE COMPLETION OF THE COMPANY'S NETWORK MODERNIZATION 23 PLAN, UNLESS AN AUDIT OF THE COMPANY HAS BEEN COMPLETED WITHIN 24 ONE YEAR PRIOR TO THE COMPANY'S COMPLETION OF ITS PLAN. 25 NOTWITHSTANDING ANY LAW TO THE CONTRARY, RURAL 26 TELECOMMUNICATIONS CARRIERS AS DEFINED IN SECTION 3012 (RELATING 27 TO DEFINITIONS) SHALL NOT BE SUBJECT TO ANY AUDIT. A SUMMARY OF 28 THE AUDITS MANDATED BY THIS SUBSECTION SHALL BE RELEASED TO THE 29 PUBLIC, AND A COMPLETE COPY OF THE AUDITS SHALL BE PROVIDED TO 30 THE OFFICE OF TRIAL STAFF AND THE OFFICE OF CONSUMER ADVOCATE, 20030H0030B4758 - 92 -
1 OFFICE OF SMALL BUSINESS ADVOCATE, THE CHAIRMAN OF THE CONSUMER 2 PROTECTION AND PROFESSIONAL LICENSURE COMMITTEE OF THE SENATE 3 AND CHAIRMAN OF THE CONSUMER AFFAIRS COMMITTEE OF THE HOUSE OF 4 REPRESENTATIVES. 5 (C) (RESERVED). <-- 6 (D) PRIVACY OF CUSTOMER INFORMATION.-- 7 (1) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, A 8 TELECOMMUNICATIONS CARRIER MAY NOT DISCLOSE TO ANY PERSON 9 INFORMATION RELATING TO ANY CUSTOMER'S PATTERNS OF USE, 10 EQUIPMENT AND NETWORK INFORMATION AND ANY ACCUMULATED RECORDS 11 ABOUT CUSTOMERS WITH THE EXCEPTION OF NAME, ADDRESS AND 12 TELEPHONE NUMBER. 13 (2) A TELECOMMUNICATIONS CARRIER MAY DISCLOSE SUCH 14 INFORMATION: 15 (I) PURSUANT TO A COURT ORDER OR WHERE OTHERWISE 16 REQUIRED BY FEDERAL OR STATE LAW. 17 (II) TO THE CARRIER'S AFFILIATES, AGENTS, 18 CONTRACTORS OR VENDORS AND OTHER TELECOMMUNICATIONS 19 CARRIERS OR INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AS 20 PERMITTED BY FEDERAL OR STATE LAW. 21 (III) WHERE THE INFORMATION CONSISTS OF AGGREGATE 22 DATA WHICH DOES NOT IDENTIFY INDIVIDUAL CUSTOMERS. 23 (E) UNREASONABLE PREFERENCES.--NOTHING IN THIS CHAPTER SHALL 24 BE CONSTRUED TO LIMIT THE AUTHORITY OF THE COMMISSION TO ENSURE 25 THAT LOCAL EXCHANGE TELECOMMUNICATIONS COMPANIES DO NOT MAKE OR 26 IMPOSE UNREASONABLE PREFERENCES, DISCRIMINATIONS OR 27 CLASSIFICATIONS FOR PROTECTED SERVICES AND OTHER NONCOMPETITIVE 28 SERVICES. 29 (F) LIFELINE SERVICE.-- 30 (1) ALL ELIGIBLE TELECOMMUNICATIONS CARRIERS 20030H0030B4758 - 93 -
1 CERTIFICATED TO PROVIDE LOCAL EXCHANGE TELECOMMUNICATIONS 2 SERVICE SHALL PROVIDE LIFELINE SERVICE TO ALL ELIGIBLE 3 TELECOMMUNICATIONS CUSTOMERS WHO SUBSCRIBE TO SUCH SERVICE. 4 (2) ALL ELIGIBLE TELECOMMUNICATIONS CUSTOMERS WHO 5 SUBSCRIBE TO LIFELINE SERVICE SHALL BE PERMITTED TO SUBSCRIBE 6 TO UP TO TWO ANY NUMBER OF OTHER ELIGIBLE TELECOMMUNICATIONS <-- 7 CARRIER TELECOMMUNICATIONS SERVICES AT THE TARIFFED RATES FOR 8 SUCH SERVICES. 9 (3) WHENEVER A PROSPECTIVE CUSTOMER SEEKS TO SUBSCRIBE 10 TO LOCAL EXCHANGE TELECOMMUNICATIONS SERVICE FROM AN ELIGIBLE <-- 11 TELECOMMUNICATIONS CARRIER, THE CARRIER SHALL EXPLICITLY 12 ADVISE THE CUSTOMER OF THE AVAILABILITY OF LIFELINE SERVICE 13 AND SHALL MAKE REASONABLE EFFORTS WHERE APPROPRIATE TO 14 DETERMINE WHETHER THE CUSTOMER QUALIFIES FOR SUCH SERVICE 15 AND, IF SO, WHETHER THE CUSTOMER WISHES TO SUBSCRIBE TO THE 16 SERVICE. 17 (4) ELIGIBLE TELECOMMUNICATIONS CARRIERS SHALL INFORM 18 EXISTING CUSTOMERS OF THE AVAILABILITY OF LIFELINE SERVICE 19 TWICE ANNUALLY BY BILL INSERT OR MESSAGE. THE NOTICE SHALL BE 20 CONSPICUOUS AND SHALL PROVIDE APPROPRIATE ELIGIBILITY, 21 BENEFITS AND CONTACT INFORMATION FOR CUSTOMERS WHO WISH TO 22 LEARN OF THE LIFELINE SERVICE SUBSCRIPTION REQUIREMENTS. 23 (5) WHEN A PERSON ENROLLS IN A LOW-INCOME PROGRAM 24 ADMINISTERED BY THE DEPARTMENT OF PUBLIC WELFARE THAT 25 QUALIFIES THE PERSON FOR LIFELINE SERVICE, THE DEPARTMENT OF 26 PUBLIC WELFARE SHALL AUTOMATICALLY NOTIFY THAT PERSON AT THE 27 TIME OF ENROLLMENT OF HIS OR HER ELIGIBILITY FOR LIFELINE 28 SERVICE. THIS NOTIFICATION ALSO SHALL PROVIDE INFORMATION 29 ABOUT LIFELINE SERVICE INCLUDING A TELEPHONE NUMBER OF AND 30 LIFELINE SUBSCRIPTION FORM FOR THE PERSON'S CURRENT ELIGIBLE 20030H0030B4758 - 94 -
1 TELECOMMUNICATIONS CARRIER OR, IF THE PERSON DOES NOT HAVE 2 TELEPHONE SERVICE, TELEPHONE NUMBERS OF ELIGIBLE 3 TELECOMMUNICATIONS CARRIERS SERVING THE PERSON'S AREA, THAT 4 THE PERSON CAN CALL TO OBTAIN LIFELINE SERVICE. ELIGIBLE 5 TELECOMMUNICATIONS CARRIERS SHALL PROVIDE THE DEPARTMENT OF 6 PUBLIC WELFARE WITH LIFELINE SERVICE DESCRIPTIONS AND 7 SUBSCRIPTION FORMS, CONTACT TELEPHONE NUMBERS, AND A LISTING 8 OF THE GEOGRAPHIC AREA OR AREAS THEY SERVE, FOR USE BY THE 9 DEPARTMENT OF PUBLIC WELFARE IN PROVIDING THE NOTIFICATIONS 10 REQUIRED BY THIS PARAGRAPH. 11 (6) NO ELIGIBLE TELECOMMUNICATIONS CARRIER SHALL BE 12 REQUIRED TO PROVIDE AFTER THE EFFECTIVE DATE OF THIS SECTION 13 ANY NEW LIFELINE SERVICE DISCOUNT THAT IS NOT FULLY 14 SUBSIDIZED BY THE FEDERAL UNIVERSAL SERVICE FUND. 15 (G) METHOD FOR FIXING RATES.--THE COMMISSION MAY NOT FIX OR 16 PRESCRIBE THE RATES, TOLLS, CHARGES, RATE STRUCTURES, RATE BASE, 17 RATE OF RETURN OR EARNINGS OF COMPETITIVE SERVICES OR OTHERWISE 18 REGULATE COMPETITIVE SERVICES EXCEPT AS SET FORTH IN THIS 19 CHAPTER. 20 (H) IMPLEMENTATION.--THE TERMS OF A LOCAL EXCHANGE 21 TELECOMMUNICATIONS COMPANY'S ALTERNATIVE FORM OF REGULATION AND 22 NETWORK MODERNIZATION PLANS SHALL GOVERN THE REGULATION OF THE 23 LOCAL EXCHANGE TELECOMMUNICATIONS COMPANY AND, CONSISTENT WITH 24 THE PROVISIONS OF THIS CHAPTER, SHALL SUPERSEDE ANY CONFLICTING 25 PROVISIONS OF THIS TITLE OR OTHER LAWS OF THIS COMMONWEALTH AND 26 SHALL SPECIFICALLY SUPERSEDE ALL PROVISIONS OF CHAPTER 13 27 (RELATING TO RATES AND RATE MAKING) OTHER THAN SECTIONS 1301 28 (RELATING TO RATES TO BE JUST AND REASONABLE), 1302 (RELATING TO 29 TARIFFS; FILING AND INSPECTION), 1303 (RELATING TO ADHERENCE TO 30 TARIFFS), 1304 (RELATING TO DISCRIMINATION IN RATES), 1305 20030H0030B4758 - 95 -
1 (RELATING TO ADVANCE PAYMENT OF RATES; INTEREST ON DEPOSITS), 2 1309 (RELATING TO RATES FIXED ON COMPLAINT; INVESTIGATION OF 3 COSTS OF PRODUCTION) AND 1312 (RELATING TO REFUNDS). 4 (I) PROTECTION OF EMPLOYEES.-- 5 (1) NO TELECOMMUNICATIONS CARRIER MAY DISCHARGE, 6 THREATEN, DISCRIMINATE OR RETALIATE AGAINST AN EMPLOYEE 7 BECAUSE THE EMPLOYEE MADE A GOOD FAITH REPORT TO THE 8 COMMISSION, THE OFFICE OF CONSUMER ADVOCATE OR THE OFFICE OF 9 ATTORNEY GENERAL REGARDING WRONGDOING, WASTE OR A POTENTIAL 10 VIOLATION OF THE COMMISSION'S ORDERS OR REGULATIONS OR OF 11 THIS TITLE. 12 (2) A PERSON WHO ALLEGES A VIOLATION OF THIS SECTION 13 MUST BRING A CIVIL ACTION IN A COURT OF COMPETENT 14 JURISDICTION FOR APPROPRIATE INJUNCTIVE RELIEF OR DAMAGES 15 WITHIN 180 DAYS AFTER THE OCCURRENCE OF THE ALLEGED 16 VIOLATION. THE EVIDENTIARY BURDENS UPON SUCH PERSON AND THE <-- 17 PERSON'S TELECOMMUNICATIONS CARRIER IN SUCH ACTION SHALL BE 18 AS SET FORTH IN SECTION 3316(D) AND (E), PROVIDED, HOWEVER, 19 THAT UPON AN EMPLOYEE'S MEETING THE EMPLOYEE'S BURDEN OF 20 PROOF UNDER SECTION 3316(D), A REBUTTABLE PRESUMPTION SHALL 21 ARISE THAT THE ALLEGED REPRISAL BY THE EMPLOYER CONSTITUTES A 22 VIOLATION OF THIS SECTION. 23 § 3020. VOICE OVER INTERNET PROTOCOL REGULATION EXEMPTION. <-- 24 A PROVIDER OF VOIP SERVICE SHALL NOT BE A PUBLIC UTILITY NOR 25 OTHERWISE SUBJECT TO COMMISSION REGULATION, EXCEPT WHERE 26 REQUIRED OR EXPRESSLY PERMITTED BY FEDERAL LAW OR REGULATION. 27 HOWEVER, THIS EXEMPTION FROM COMMISSION REGULATION SHALL NOT 28 AFFECT ANY RIGHTS AND OBLIGATIONS THAT ANY ENTITY HAD AS OF THE 29 EFFECTIVE DATE OF THIS SECTION PERTAINING TO THE PAYMENT OF 30 SWITCHED NETWORK RATES OR OTHER INTERCARRIER COMPENSATION 20030H0030B4758 - 96 -
1 RELATED TO VOIP SERVICE. IN NO EVENT SHALL ANY SUCH INTERCARRIER 2 COMPENSATION BE REQUIRED TO BE PAID BY VOIP PROVIDERS FOR VOIP 3 CALLS WHICH DO NOT USE THE PUBLIC SWITCHED TELEPHONE NETWORK. 4 § 3021. VOICE OVER INTERNET PROTOCOL TAX EXEMPTION. 5 THE PROVISION OF VOIP SERVICES BY ANY PERSON OR CORPORATION 6 AND THE PROVISION OF TELECOMMUNICATIONS SERVICES USED TO PROVIDE 7 VOIP SERVICES SHALL BE EXEMPT FROM THE FOLLOWING TAXES AND FEES 8 COMMENCING ON THE EFFECTIVE DATE OF THIS SECTION. 9 (1) NOTWITHSTANDING THE ACT OF DECEMBER 31, 1965 10 (P.L.1257, NO.511), KNOWN AS THE LOCAL TAX ENABLING ACT, NO 11 POLITICAL SUBDIVISION SHALL IMPOSE OR COLLECT ANY TAX, CHARGE 12 OR OTHER FEE UPON THE PROVISION OF VOIP SERVICES. 13 (2) NOTWITHSTANDING ARTICLE XXXI-B OF THE ACT OF JULY 14 28, 1953 (P.L.723, NO.230), KNOWN AS THE SECOND CLASS COUNTY 15 CODE, AND THE ACT OF JUNE 5, 1991 (P.L.9, NO.6), KNOWN AS THE 16 PENNSYLVANIA INTERGOVERNMENTAL COOPERATION AUTHORITY ACT FOR 17 CITIES OF THE FIRST CLASS, NO LOCAL SALES AND USE TAX SHALL 18 BE IMPOSED ON ANY VOIP SERVICES. 19 SECTION 3. THE PROVISIONS OF THIS ACT ARE SEVERABLE. IF ANY 20 PROVISION OF THIS ACT OR ITS APPLICATION TO ANY PERSON OR 21 CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY SHALL NOT AFFECT 22 OTHER PROVISIONS OR APPLICATIONS OF THIS ACT, WHICH CAN BE GIVEN 23 EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION. 24 SECTION 4. SECTION 2471 OF THE ACT OF FEBRUARY 1, 1966 (1965 25 P.L.1656, NO.581), KNOWN AS THE BOROUGH CODE, IS REPEALED TO THE 26 EXTENT IT IS INCONSISTENT WITH THIS ACT. 27 SECTION 5. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. D28L66DMS/20030H0030B4758 - 97 -