66 PA Cons Stat § 3012 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 66 - PUBLIC UTILITIES|Chapter 30 - Alternative Form of Regulation of Telecommunications Services|Section 3012 - Definitions

§ 3012. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:  "Advanced service." A retail telecommunications service that, regardless of transmission medium or technology, is capable of supporting a minimum speed of 200 kilobits per second (Kbps) in at least one direction at the network demarcation point of the customer's premises.  "Aggregator telephone." A telephone which is made available to the transient public, customers or patrons, including, but not limited to, coin telephones, credit card telephones and telephones located in hotels, motels, hospitals and universities.  "Alternative form of regulation." A form of regulation of telecommunications services other than the traditional rate base or rate of return regulation, including a streamlined form of regulation, as approved by the commission.  "Alternative service provider." An entity that provides telecommunications services in competition with a local exchange telecommunications company.  "Bona fide retail request." A written request for service which meets the requirements of section 3014(c) (relating to network modernization plans), is received by a local exchange telecommunications company and through which end users commit to subscribe to an advanced service.  "Bona fide retail request program." A program established by a local exchange telecommunications company pursuant to section 3014(c) (relating to network modernization plans).  "Broadband." A communication channel using any technology and having a bandwidth equal to or greater than 1.544 megabits per second (Mbps) in the downstream direction and equal to or greater than 128 kilobits per second (Kbps) in the upstream direction.  "Broadband availability." Access to broadband service by a retail telephone customer of a local exchange telecommunications company.  "Broadband Outreach and Aggregation Program." A program established by the Department of Community and Economic Development pursuant to section 3014(i) (relating to network modernization plans).  "Business Attraction or Retention Program." A program established by a local exchange telecommunications company pursuant to section 3014(d) (relating to network modernization plans).  "Central office." A local exchange telecommunications company switch used to provide local exchange telecommunications service.  "Community." Those customers of a local exchange telecommunications company served by an existing or planned remote terminal or, where no remote terminal exists or is planned, a central office switch.  "Competitive service." A service or business activity determined to be competitive by the commission on or prior to December 31, 2003, and a service or business activity determined or declared to be competitive pursuant to section 3016 (relating to competitive services).  "Department." The Department of Community and Economic Development of the Commonwealth.  "Education Technology Fund" or "E-Fund." The fund established under section 3015(d) (relating to alternative forms of regulation).  "Education Technology Program." The program established by the Department of Education pursuant to section 3014(j) (relating to network modernization plans).  "Eligible telecommunications carrier." A carrier designated by the Pennsylvania Public Utility Commission pursuant to 47 CFR 54.201 (relating to definition of eligible telecommunications carriers, generally) or successor regulation as eligible to receive support from the Federal Universal Service Fund.  "Eligible telecommunications customer." A customer of an eligible telecommunications carrier who qualifies for Lifeline service discounts pursuant to the requirements of 47 CFR 54.409 (relating to consumer qualification for Lifeline) or successor regulation.  "Fund." The Broadband Outreach and Aggregation Fund established under section 3015(c) (relating to alternative forms of regulation).  "Gross Domestic Product Price Index" or "GDP-PI." The Gross Domestic Product Fixed Weight Price Index as calculated by the United States Department of Commerce or a successor price index.  "Health care facility." The term shall have the same meaning given to it in the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act.  "Industrial development agency." An industrial development agency under the act of May 17, 1956 (1955 P.L.1609, No.537), known as the Pennsylvania Industrial Development Authority Act, that has been certified by the Pennsylvania Industrial Development Authority under section 5.2 of that act.  "Inflation offset." The part of the price change formula in the price stability mechanism that reflects an offset to the Gross Domestic Product Price Index or Successor Price Index.  "Interexchange services." The transmission of interLATA or intraLATA toll messages or data outside the local calling area.  "Interexchange telecommunications carrier." A carrier other than a local exchange telecommunications company authorized by the commission to provide interexchange services.  "Lifeline service." A discounted rate local service offering, as defined in 47 CFR 54.401 (relating to Lifeline defined) or successor regulation, but excluding any offering funded in part by Federal Universal Service Fund Tier Three funding under 47 CFR 54.403 (relating to Lifeline support amount) or successor regulation.  "Local development district." A multicounty economic and community development organization established to provide regional planning and development services to improve the economy and quality of life in a particular region through a variety of activities, including, but not limited to, the fostering of public and private partnerships and providing assistance to businesses.  "Local exchange telecommunications company." An incumbent carrier authorized by the commission to provide local exchange telecommunications services. The term includes a rural telecommunications carrier and a nonrural telecommunications carrier.  "Local exchange telecommunications service." The transmission of messages or communications that originate and terminate within a prescribed local calling area.  "Network modernization plan." A plan for the deployment of broadband service by a local exchange telecommunications company under this chapter or any prior law of this Commonwealth.  "Noncompetitive service." A regulated telecommunications service or business activity that has not been determined or declared to be competitive.  "Nonprotected service." Any telecommunications service provided by a local exchange telecommunications company that is not a protected service.  "Nonrural telecommunications carrier." A local exchange telecommunications company that is not a rural telephone company as defined in section 3 of the Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 56).  "Optional calling plan." A discounted toll plan offered by either a local exchange telecommunications company or an interexchange telecommunications carrier.  "Political subdivision." Any county, city, borough, incorporated town, township, municipality, municipal authority or county institution district.  "Price stability mechanism." A formula which may be included in a commission-approved alternative form of regulation plan that permits rates for noncompetitive services to be adjusted upward or downward.  "Protected service." The following telecommunications services provided by a local exchange telecommunications company unless the commission has determined the service to be competitive:  (1) Service provided to residential consumers or business consumers that is necessary to complete a local exchange call.  (2) Touch-tone service. (3) Switched access service. (4) Special access service. (5) Ordering, installation, restoration and disconnection of these services. "Remote terminal." A structure located outside of a central office which houses electronic equipment and which provides transport for telecommunications services to and from a central office.  "Rural telecommunications carrier." A local exchange telecommunications company that is a rural telephone company as defined in section 3 of the Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 56).  "School entity." An intermediate unit, school district, joint school district, area vocational-technical school, independent school, licensed private academic school, accredited school and any other public or nonpublic school serving students in any grade from kindergarten through 12th grade.  "Special access service." Service provided over dedicated, nonswitched facilities by local exchange telecommunications companies to interexchange telecommunications carriers or other large volume users which provides connection between an interexchange telecommunications carrier or private network and a customer's premises.  "Switched access service." A service which provides for the use of common terminating, switching and trunking facilities of a local exchange telecommunications company's public switched network. The term includes, but is not limited to, the rates for local switching, common and dedicated transport and the carrier charge.  "Telecommunications Act of 1996." The Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 56).  "Telecommunications carrier." An entity that provides telecommunications services subject to the jurisdiction of the commission.  "Telecommunications service." The offering of the transmission of messages or communications for a fee to the public.  "Universal broadband availability." Access to broadband service by each telephone customer of a local exchange telecommunications company.  (Nov. 30, 2004, P.L.1398, No.183, eff. imd.)   2004 Amendment. Act 183 added section 3012.  References in Text. Section 27 of Act 16 of 2019 provided that a reference in statute or regulation to "area vocational-technical school" shall be deemed a reference to "area career and technical school," and a reference in statute or regulation to "vocational curriculums" shall be deemed a reference to "career and technical curriculums."