reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter L - UNIVERSAL SERVICE › Section 63.167 - Administrator's duties

Current through Register Vol. 54, No. 28, July 13, 2024
The administrator shall have the following duties:
(1) Maintain a database to track contributing
					 telecommunications providers.
(2)
					 Develop Commission-approved forms which all telecommunications service
					 providers will submit to the administrator on a monthly basis with their
					 monthly contributions.
(3) Review
					 the completed forms to ensure completeness and accuracy of reported revenue and
					 Fund assessments and contact providers whose accounts contain unexplained
					 variances in reported revenues or Fund assessments.
(4) Assess late-payment charges of 1.5% per
					 month pro rata per diem on contributions that are 30 days or more past
					 due.
(5) Send initial notices of
					 delinquency to delinquent contributors when a payment is 30 days past due and
					 follow up with at least one subsequent written notice, phone call, or both, to
					 the contributor to pursue collection of Fund payments that are 60 days past
					 due.
(6) Maintain logs of notices
					 to delinquent contributors and refer to the Commission for further enforcement,
					 on a monthly basis, all accounts more than 90-days past due.
(7) Immediately inform the Commission if the
					 administrator has reason to believe that a contributing telecommunications
					 provider has submitted false information to the administrator with the intent
					 of obtaining fraudulent funding or underreported end-user revenue, or if any
					 other irregularity occurs in the operation or administration of the Fund.
					 Penalties that will be assessed to the contributing telecommunications provider
					 are addressed in §
											63.171 (relating to
					 enforcement).
(8) Invest Fund
					 moneys in interest-bearing instruments designed to minimize risk of loss while
					 providing maximum liquidity. Return on investment shall be placed into the
					 Fund. Permitted investments include:
(i)
					 Marketable obligations directly and fully guaranteed by the United States
					 government.
(ii) Federally-insured
					 checking, money market accounts or certificates of deposit.
(iii) Other accounts expressly approved by
					 the Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter L - UNIVERSAL SERVICE › Section 63.168 - Auditor's duties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 independent external auditor chosen by the Commission will audit the Fund
					 records covering both collections and disbursements for the fiscal year. The
					 costs for conducting audits will be included in the computation of Fund
					 requirements. Thereafter, an audit of the Fund collections and disbursements
					 will be done annually.
(b)
					 Following the audit, the Fund auditor will prepare and submit a report to the
					 Commission and the administrator by July 1 of each year. The audit report
					 should make recommendations regarding the finances of the Fund and should
					 identify undercollections or overcollections experienced by the Fund in the
					 previous year.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter L - UNIVERSAL SERVICE › Section 63.169 - Collection of universal service fund contributions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At the beginning of the calendar year,
					 the administrator will provide monthly reporting forms to each contributing
					 telecommunications provider. Each carrier will complete the form monthly using
					 the calculation as described in §
											63.165 (relating to calculation of
					 contributions) and remit the form to the administrator along with its monthly
					 contribution in full.
(b) Failure
					 to make timely payment will result in the levy of a late payment charge of 1.5%
					 per month pro rata per diem on the delinquent contribution.
(c) If a carrier's contribution to the Fund
					 in a given year is less than $120, that carrier will not be required to submit
					 a contribution.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter L - UNIVERSAL SERVICE › Section 63.170 - End-user surcharge prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
A telecommunications service provider may not implement a
						customer or end-user surcharge or any other direct or indirect charge to
						recover any contributions to the Fund.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter L - UNIVERSAL SERVICE › Section 63.171 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
A telecommunications service provider that fails to pay,
						in a timely manner, any contribution required under this subchapter may be
						prohibited from providing service in this Commonwealth and be subject to other
						penalty as authorized under law.
This section cited in 52 Pa. Code §
													63.167 (relating to
						  administrator's duties).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › GENERALLY › Section 63.191 - Statement of purpose and policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The purpose of this subchapter is to establish general rules, procedures and
						standards governing the migration of customers between LSPs, including porting
						telephone numbers, resolving interfering stations, exchanging customer records
						and the transition of billing accounts. The primary objective of this
						subchapter is to establish standards to ensure that residential and business
						customers can migrate from one LSP to another LSP without confusion, delay or
						interruption to their local service.
(b) This subchapter applies to:
(1) LSPs and NSPs for migration of
						residential and business customers between LSPs.
(2) LSPs and NSPs when interfering station
						conditions are encountered.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › MIGRATION › Section 63.201 - General migration standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						A customer has the right to migrate from one LSP to another LSP.
(b) The prospective NLSP shall communicate
						and explain to the customer the migration process and the migration timetable
						for the local service and for any other service the customer may
						order.
(c) The OLSP, the NLSP and
						the NSP shall work together in good faith to minimize or avoid problems
						associated with migrating the customer's account.
(d) The OLSP may not prohibit the NLSP from
						reusing facilities that are no longer needed by the OLSP to provide local
						service to the migrating customer or other customer. If the OLSP has a conflict
						over the use of the facilities, it may be resolved using the interfering
						station procedures under §
												§
												63.211-63.214 (relating to interfering
						stations) or the expedited dispute process under §
												63.222 (relating to expedited
						process for resolution of migration disputes between service
						providers).
(e) At the end of each
						working day, the NLSP shall notify the 9-1-1 host carrier and the Directory
						Listings/White Pages providers of that day's changes to these
						databases.
(f) Each LSP and NSP
						shall maintain a company contact and escalation list for use in resolving
						migration problems and interfering station conditions. The companies shall
						update the lists to ensure that the information is current and accurate. LSPs
						and NSPs shall post the list on a publicly accessible website and supply the
						website address to the Commission. The Commission will post the address on its
						website.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › MIGRATION › Section 63.202 - Migration responsibilities of OLSPs, NLSPs and NSPs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The OLSP shall be responsible for
						responding to the prospective NLSP's request for a CSR, consistent with the
						requirements of §
												63.203 (relating to standards for
						the exchange of CSRs).
(b) The
						prospective NLSP shall be responsible for coordinating the migration of the
						customer's local service with its NSP, if any, and with the OLSP.
(c) The prospective NLSP shall provide the
						LSR information to affected service providers, as applicable.
(d) The timetable for issuing an LSC is as
						follows:
(1) By August 13, 2005, the NSP or
						OLSP shall issue an LSC or rejection within 3 working days from the date the
						NSP or OLSP receives an LSR from the prospective NLSP.
(2) After February 13, 2006, the NSP or OLSP
						shall issue an LSC or rejection within 2 working days from the date the NSP or
						OLSP receives an LSR from the prospective NLSP.
(3) After August 14, 2006, the NSP or OLSP
						shall issue an LSC or rejection within 1 working day from the date the NSP or
						OLSP receives an LSR from the prospective NLSP.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › MIGRATION › Section 63.203 - Standards for the exchange of CSRs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Prospective NLSPs may not acquire CSRs without a verified customer
						authorization. The prospective NLSP shall use one of the following verification
						procedures and retain the authorization and verification for 2 years:
(1) An LOA from the customer of record to
						review the customer's account.
(2)
						A third-party verification of the customer's consent.
(3) A recording verifying permission from the
						customer.
(4) Oral authorization
						documented with appropriate retained documentation.
(5) Additional verification procedures as may
						be authorized by the Federal Communications Commission (FCC) or the
						Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › MIGRATION › Section 63.204 - Removal or lifting of LSPFs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						applicant shall authorize the removal of an existing LSPF before a prospective
						NLSP may process a change in LSP. The prospective NLSP shall inform the
						applicant of the following at the time of application:
(1) If the applicant has an LSPF, the
						applicant shall authorize the removal of the LSPF before the request for a
						change of the customer's LSP can be processed.
(2) The applicant or the applicant's
						authorized agent shall contact the OLSP to have an LSPF lifted. Before
						processing the lifting of the LSPF, the OLSP shall confirm appropriate
						verification data such as the customer's date of birth, Social Security number
						or mother's birth name with the applicant or the applicant's authorized
						agent.
(3) A prospective NLSP may
						not authorize the removal of an applicant's LSPF.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › MIGRATION › Section 63.205 - Porting telephone numbers

Current through Register Vol. 54, No. 28, July 13, 2024
An OLSP or NSP may not refuse an otherwise valid
						  request to port a number to a NLSP unless the number is for local service that
						  has been terminated or discontinued under Chapter 64 (relating to standards and
						  billing practices for residential telephone service) for residential customers
						  or consistent with the LSP's tariff for other customer
						  classes.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › MIGRATION › Section 63.206 - Discontinuance of billing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) LSPs
						shall minimize overlap in billing during the migration between LSPs.
(b) Within 42 days of the receipt of a line
						loss notification from the NSP, the customer's OLSP shall issue the customer a
						final bill for services rendered.
(c) Once the customer has paid the charges on
						the final bill, the OLSP shall immediately remove the customer from its billing
						system and discontinue billing, unless the OLSP provides other services to the
						customer.
(d) Subject to the terms
						of an applicable tariff or customer specific pricing arrangement, the OLSP
						shall stop billing the customer for any recurring charges associated with the
						migrated services as of the date of the migration.
(e) This subchapter does not affect a
						customer's debtor/consumer rights or an LSP's creditor's remedies, as may be
						otherwise permitted by law.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › MIGRATION › Section 63.207 - Carrier-to-carrier guidelines and performance assurance plans

Current through Register Vol. 54, No. 28, July 13, 2024
For an LSP or NSP subject to State or Federal
						  carrier-to-carrier guidelines or performance assurance plans, if the
						  carrier-to-carrier guidelines or performance assurance plan provide a more
						  explicit or a narrower window for performance than otherwise specified under
						  this subchapter, the carrier-to-carrier guidelines or performance assurance
						  plan shall control for that LSP or NSP.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › INTERFERING STATIONS › Section 63.211 - Duties of NSPs and NLSPs when an interfering station condition is identified

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The NSP shall
						inform the prospective NLSP of an interfering station condition by the end of
						the next working day after the NSP identifies that an interfering station
						condition exists.
(b) The NSP shall
						review the LSR information with the prospective NLSP to determine possible
						errors:
(1) Upon confirmation that the LSR
						information is correct, the NSP shall inform the prospective NLSP that the LSR
						cannot be fulfilled because there is preexisting local service at the service
						location.
(2) If the LSR
						information is incorrect, the prospective NLSP shall correct the information
						and resubmit the corrected LSR to the NSP.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › INTERFERING STATIONS › Section 63.212 - Duties of the prospective NLSP and the applicant when an interfering station condition is identified

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						prospective NLSP shall notify the applicant that there is preexisting local
						service at the service location within 1 business day of the date the NLSP
						receives notice of the interfering station condition. The prospective NLSP
						shall contact the applicant by telephone, email, first class mail or in person
						to request that the applicant verify the address at the service
						location.
(b) If the applicant
						fails to respond to the notice within 5 days, the prospective NLSP may cancel
						the application.
(c) If the
						applicant informs the prospective NLSP that the address is incorrect, the
						prospective NLSP shall correct the information on the application, submit a new
						LSR and provide the new local service installation date.
(d) If the applicant verifies that the
						address is correct, the prospective NLSP shall explain that new local service
						is not able to be installed using the same facilities due to preexisting local
						service at the address and request the applicant to provide proof of ownership
						or right of occupancy.
(e) If the
						applicant provides proof of ownership or right of occupancy, the prospective
						NLSP shall advise the applicant of the following options:
(1) The applicant may authorize the
						prospective NLSP to contact the OLSP to confirm abandoned service.
(2) The applicant may attempt to resolve the
						interfering station condition with the customer of record, if known to the
						applicant.
(3) The applicant may
						arrange for the installation of new facilities.
(i) If inside wiring is required, the
						applicant shall provide proof of installation before the prospective NLSP is
						able to proceed with the LSR.
(ii)
						If new facilities (for example-outside wiring or a network interface device
						(NID)), are required, the prospective NLSP shall advise the applicant that the
						applicant shall pay for the installation of the new facilities pursuant to
						tariff rates and that the installation may take longer than 5 days.
(4) The applicant may cancel the
						application.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › INTERFERING STATIONS › Section 63.213 - Duties of the OLSP if notified by the prospective NLSP that an interfering station exists at a location where existing local service is provided by the OLSP and the applicant has shown proof of identity and of ownership or right of occupancy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Within
						3 working days of the notification, the OLSP shall issue a termination notice
						to the customer of record in the OLSP's billing system. The notice of
						termination must state the reason for termination, date of termination and what
						the customer of record is required to do to prevent termination. The
						termination date must be 7 days from the date of the mailing of the notice by
						first class mail.
(b) If the
						customer of record does not contact the OLSP, the OLSP shall terminate the
						customer's service and take appropriate action to release the customer's
						facilities to the prospective NLSP.
(c) If the customer of record contacts the
						OLSP by the termination date and does not agree to the termination of service,
						the OLSP shall notify the prospective NLSP of the inability of the OLSP to
						release the facilities to be used by the prospective NLSP.
This section cited in 52 Pa. Code §
														63.201 (relating to general
							 migration standards).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › INTERFERING STATIONS › Section 63.214 - Duties of the prospective NLSP when the OLSP is unable to resolve the interfering station condition at the applicant's service location

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The prospective NLSP shall contact the
						applicant and explain that the preexisting customer will not agree to the
						termination of service and that the prospective NLSP is not able to use the
						existing facilities.
(b) The
						prospective NLSP shall inform the applicant of the following options to obtain
						local service:
(1) The applicant may pursue
						any disputes between co-tenants, owners and occupants before an appropriate
						forum for the remedy. The prospective NLSP shall inform the applicant that
						neither the prospective NLSP, the OLSP nor the Commission is responsible for or
						available to resolve private disputes between customers and
						applicants.
(2) The applicant may
						arrange for the installation of new facilities.
(i) If inside wiring is required, the
						applicant shall provide proof of installation before the prospective NSLP is
						able to proceed with the LSR.
(ii)
						If new facilities (for example-outside wiring or a NID) are required, the
						applicant shall pay for the installation of the new facilities pursuant to
						tariff rates and the installation may take longer than 5 days.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › DISPUTES › Section 63.221 - Customer complaint procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Records of complaints.
An LSP covered by or operating under
						this title shall preserve written or recorded complaints showing the name and
						address of the applicant or complainant, the date and character of the
						complaint, the action taken and the date of final disposition. Records of
						complaints for residential customers shall be kept in accordance with §
												64.192 (relating to record
						maintenance).
(b)
Commission review.
If a customer or applicant expresses
						dissatisfaction with the LSP's decision or explanation, the LSP shall inform
						the customer or applicant of the right to have the dispute considered and
						reviewed by the Commission and shall provide the name, address and telephone
						number of the appropriate Commission bureau. This subsection shall be read in
						conjunction with Chapter 64, Subchapters G and H (relating to disputes;
						informal and formal complaints; and restoration of service) for residential
						service.
(c)
Investigations.
Within 1 working day of receiving a complaint
						covered by this subchapter from an applicant, customer or third party, the
						Commission will transmit a summary of the complaint to the LSP. When complaints
						are referred to the LSP through the Commission, the LSP and the Commission will
						work to process and resolve the complaints. An LSP shall make a full and prompt
						investigation of complaints made to it through the Commission by the applicant,
						customer or third party. For complaints involving commercial service, if the
						LSP needs more than 30 days to respond to the Commission, the LSP shall advise
						the Commission of that need within 30 days of the date it receives the
						complaint summary and indicate when it will send its response to the
						Commission.
(d)
Resolutions.
If a complaint is resolved between the LSP and
						the complaining party, the LSP shall advise the Commission within 10 working
						days of the resolution and submit a copy of the service order or other
						documentation of satisfaction which identifies the action taken by the LSP to
						resolve the complaint. The LSP may not consider the complaint closed until the
						Commission advises the LSP that the Commission has closed the
						complaint.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter M - CHANGING LOCAL SERVICE PROVIDERS › DISPUTES › Section 63.222 - Expedited process for resolution of migration disputes between service providers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Commission will provide a nonadversarial, expedited dispute process to address
						migration disputes between service providers. The Commission will designate
						Commission staff as contact persons through which LSPs and NSPs may request
						expedited resolution for alleged problems between service providers or
						compliance with this title.
(b) An
						LSP or NSP that has a dispute under this subchapter with another LSP which
						cannot be resolved between the entities may refer the dispute to the expedited
						dispute process for a suggested resolution in a nonadversarial
						context.
(c) The Commission
						designee will review the dispute within 2 working days of the date the dispute
						was received, attempt to contact the involved entities and suggest a nonbinding
						resolution of the dispute, consistent with §
												1.96 (relating to unofficial
						statements and opinions by Commission personnel).
(d) If the expedited dispute process fails to
						resolve the dispute, the parties may resort to the Commission's mediation
						process under §
												§
												69.391-69.397 (relating to mediation
						process) or formal dispute resolution processes.
(e) The expedited dispute process is neither
						mandatory nor a prerequisite to the Commission's mediation or formal dispute
						resolution processes.
This section cited in 52 Pa. Code §
														63.201 (relating to general
							 migration standards).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter N - LOCAL SERVICE PROVIDER ABANDONMENT PROCESS › Section 63.301 - Statement of purpose and policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose
. The purpose of this subchapter is to:
(1) Provide for an orderly process when a NSP
					 intends to terminate service to a LSP.
(2) Provide for an orderly process when a LSP
					 seeks to stop the provision of existing service to residential and business
					 customers under any of the following circumstances:
(i) A NSP that provides part or all of the
					 services necessary to provide local service is intending to terminate a LSP's
					 interconnection agreement.
(ii) The
					 Commission has issued an order to revoke a LSP's certificate of public
					 convenience.
(iii) A LSP has filed
					 an application to abandon a certificate of public convenience for the provision
					 of local service.
(3)
					 Ensure that customers are provided ample notice and the opportunity to select a
					 new LSP of their choice and thereby not lose local service when the LSP exits
					 their market.
(4) Coordinate
					 information flow and activities through a project management team.
(5) Ensure that an abandoning LSP provides
					 sufficient network information so that customers are able to be migrated
					 seamlessly.
(6) Ensure that an
					 abandoning LSP coordinates with 9-1-1 service providers and the North American
					 Numbering Plan Administrator.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter N - LOCAL SERVICE PROVIDER ABANDONMENT PROCESS › Section 63.303 - Pretermination provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Wholesale customer billing dispute resolution process
.
					 Wholesale customers shall have the opportunity to dispute charges for the
					 provision of service with the NSP. A wholesale customer is obligated to pay
					 amounts not under dispute. Disputes shall be raised by a LSP on a timely basis
					 consistent with the language in applicable interconnection agreements.
(1) When disputing NSP charges, the wholesale
					 customer shall provide the NSP with a written dispute notice unless other
					 methods of delivery have been agreed to as part of an interconnection or other
					 governing agreement.
(2) The
					 dispute notice must be addressed to the NSP's designee.
(3) The dispute notice must provide the NSP
					 with the amounts that form the grounds for the dispute as well as the specific
					 accounts and bills that are being disputed.
(4) Within 5 calendar days of receiving a
					 written dispute notice from a wholesale customer, the NSP shall provide written
					 acknowledgement of the receipt of the notice to the wholesale customer's
					 contact.
(5) Upon receiving a
					 dispute notice from a wholesale customer, the NSP and the wholesale customer
					 shall make a good faith effort to resolve the dispute within 30 calendar days
					 unless a longer dispute resolution period is provided for in an interconnection
					 or other governing agreement. During this dispute resolution period, the NSP
					 may not pursue termination of the wholesale customer's service unless it is
					 based on other indebtedness that is not disputed.
(6) If resolution of the dispute is not
					 achieved to the satisfaction of the NSP and the wholesale customer at the
					 conclusion of the dispute resolution period, either party may file a complaint
					 with the Commission to resolve the dispute.
(7) The NSP and the wholesale customer shall
					 seek to file a complaint with the Commission to resolve a billing dispute prior
					 to the time when retail customers are to be notified of the pending
					 abandonment.
(8) The NSP may not
					 pursue termination of the wholesale customer's service while a complaint to
					 resolve the dispute is pending with the Commission unless the termination is
					 based on other indebtedness that is not disputed.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter N - LOCAL SERVICE PROVIDER ABANDONMENT PROCESS › Section 63.304 - NSP termination process for wholesale customers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorized reasons for a NSP to
					 terminate service
. A NSP may terminate service to a wholesale customer
					 for one or more of the following reasons:
(1)
					 Failure of the wholesale customer to pay an undisputed delinquent amount for
					 services necessary to provide customers with local service when that amount
					 remains unpaid for 30 calendar days or more after the date of the bill unless
					 the bill has been disputed in accordance with the provisions in §
												63.303(a) or (b)
					 (relating to pretermination provisions).
(2) Failure of the wholesale customer to
					 abide by the terms and conditions of an interconnection or other governing
					 agreement related to the provision of local service that has been approved by
					 the Commission.
(3) Failure of the
					 wholesale customer to comply with the terms of a payment agreement related to
					 the provision of local service.
(4)
					 Failure of the wholesale customer to comply with a Commission order related to
					 the provision of local service.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter N - LOCAL SERVICE PROVIDER ABANDONMENT PROCESS › Section 63.305 - Initiation of abandonment

Current through Register Vol. 54, No. 28, July 13, 2024
A LSP shall initiate abandonment of service when a LSP
						receives a notice from the NSP of a termination of a LSP's service consistent
						with the pretermination dispute provisions in §
											63.303 (relating to pretermination
						provisions), when the Commission issues an order to revoke a LSP's certificate
						of public convenience or when a LSP has made proper application to the
						Commission to abandon some or all of a LSP's local service customers.
(1)
NSP initiation
.
(i) A NSP that intends to terminate the
					 service of a LSP that is a wholesale customer and serves residential or
					 business customers shall provide prior notice to the LSP and the Commission
					 electronically and by first class mail unless other methods of delivery have
					 been agreed to as part of the interconnection or other governing agreement
					 between the NSP and the LSP, not less than 45 calendar days in advance of the
					 scheduled termination.
(ii) The
					 Commission may require a NSP to extend a LSP's termination date until the LSP's
					 customers have been properly notified.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter N - LOCAL SERVICE PROVIDER ABANDONMENT PROCESS › Section 63.307 - Abandonment process management

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The abandoning LSP shall appoint a program manager to coordinate the
					 abandonment process. The program manager shall be selected from the abandoning
					 LSP or, if applicable, the acquiring LSP.
(b) The program manager shall be accountable
					 to each of the parties involved in the abandonment. The individual parties
					 involved in the migration may be:
(1) The
					 abandoning LSP.
(2) The acquiring
					 LSP.
(3) The abandoning LSP's
					 customers.
(4) The
					 Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter N - LOCAL SERVICE PROVIDER ABANDONMENT PROCESS › Section 63.308 - Commission consideration and action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission will post information of
					 an impending abandonment on its website at
www.puc.state.pa.us
under "Local Service
					 Telephone Provider Abandonment Notification."
(b) If necessary, Commission staff may
					 establish an industry conference call to address potential problem areas and
					 procedures with the abandoning LSP, as well as with the acquiring or other LSPs
					 as applicable.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter N - LOCAL SERVICE PROVIDER ABANDONMENT PROCESS › Section 63.309 - Acquiring LSP provisions and obligations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An abandoning LSP and acquiring LSP may
					 change the customer's local service provider without being considered to have
					 engaged in slamming if the customer has not selected another LSP during the
					 20-day customer choice period and the acquiring LSP does not change a
					 customer's preferred interexchange carrier designation without the customer's
					 authorization. This provision does not relieve the abandoning LSP or the
					 acquiring LSP of any requirements imposed by the Federal Communications
					 Commission's (FCC) antislamming rules or State rules in §
											64.23(b)
					 (relating to standardizing LEC responses to customer contacts alleging
					 unauthorized charges added to the customer's bill (cramming) and unauthorized
					 changes to the customer's long distance carrier (slamming)).
(b) If an acquiring LSP determines that it
					 will be unable to migrate service to a customer by the abandoning LSP's exit
					 date, the acquiring LSP shall notify the Commission, the customer and the
					 abandoning LSP within 24 hours of the determination. If the customer is unable
					 to select another available LSP, the abandoning LSP shall continue to provide
					 service until the date on which a LSP is able to provide service or a date
					 ordered by the Commission, whichever is earlier.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter N - LOCAL SERVICE PROVIDER ABANDONMENT PROCESS › Section 63.310 - Abandoning LSP follow-up obligations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An abandoning LSP shall track the
					 progress of migrations and provide Commission staff with progress reports on
					 the number of customers that have and have not migrated to a new LSP. The
					 frequency of the updates will vary with the magnitude of the mass migration and
					 will be determined by the Commission on a case by case basis.
(b) An abandoning LSP shall send a second
					 abandonment notice to a customer who is not subject to acquisition by another
					 LSP and has not taken action to select a new LSP. The second abandonment notice
					 shall be sent after consultation with the Commission. The form of the second
					 notice is left to the discretion of the abandoning LSP and may be the
					 following:
(1) First class mail.
(2) A telephone call.
(3) A bill insert.
(4) Any other means of direct contact with
					 the customer.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter O - ABBREVIATED PROCEDURES FOR REVIEW AND APPROVAL OF TRANSFER OF CONTROL FOR TELECOMMUNICATIONS PUBLIC UTILITIES › Section 63.321 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes cost-effective review and
						approval periods that abbreviate the traditional unlimited time for approving
						an application seeking Commission approval of an acquisition, merger, stock
						sales or transfers, transfer of assets or transfer of control of a
						telecommunications public utility requiring a certificate of public convenience
						under
						66 Pa.C.S. §
												1102(a)(3) (relating to
						enumeration of acts requiring certificate).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter O - ABBREVIATED PROCEDURES FOR REVIEW AND APPROVAL OF TRANSFER OF CONTROL FOR TELECOMMUNICATIONS PUBLIC UTILITIES › Section 63.323 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to an applicant and the affiliate
						of an applicant seeking Commission approval for an acquisition, merger, stock
						sales or transfers, transfer of assets or transfer of control of an applicant
						requiring a certificate of public convenience under
						66 Pa.C.S. §
												1102(a)(3) (relating to
						enumeration of acts requiring certificate) or approval of a contract between
						public utilities and affiliates.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter O - ABBREVIATED PROCEDURES FOR REVIEW AND APPROVAL OF TRANSFER OF CONTROL FOR TELECOMMUNICATIONS PUBLIC UTILITIES › Section 63.324 - Commission approval of a general rule transaction subject to 66 Pa.C.S.Sections 1102(a)(3) and 1103

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule transactions.
The following transactions of an
					 applicant involving a change in conditions of service or rates that seek
					 Commission approval for acquisition, merger, stock sales or transfers, transfer
					 of assets or transfer of control of an applicant require notification to the
					 Commission and approval by the Commission as a general rule transaction:
(1) A transaction resulting in the transfer
					 of 20% or more of the assets of an applicant.
(2) A transaction resulting in the transfer
					 of 20% or more of the direct or indirect control of an applicant.
(3) A transaction requiring a certificate of
					 public convenience issued under
					 66 Pa.C.S. §
													1102(a) (relating to
					 enumeration of acts requiring certificate).
(4) A transaction subject to evaluation under
					 the statement of policy on transfer of control. See §
												69.901 (relating to utility stock
					 transfer under
					 66 Pa.C.S. §
													1102(a)(3)).
(5) A transaction that transfers the customer
					 base of an applicant and involves a change in conditions of service or
					 rates.
(6) A transaction subjected
					 to this subchapter by decision of the Commission, including a transaction no
					 longer classified as a general rule transaction by the Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 63 - TELECOMMUNICATIONS SERVICE › Subchapter O - ABBREVIATED PROCEDURES FOR REVIEW AND APPROVAL OF TRANSFER OF CONTROL FOR TELECOMMUNICATIONS PUBLIC UTILITIES › Section 63.325 - Commission approval of a pro forma transaction subject to 66 Pa.C.S.Sections 1102(a)(3) and 1103

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Pro forma transactions
. The following transactions of an
					 applicant not involving a change in conditions of service or rates that seek
					 Commission approval for acquisition, merger, stock sales or transfers, transfer
					 of assets or transfer of control of an applicant require notification to the
					 Commission and approval by the Commission as a pro forma transaction:
(1) A transaction resulting in the transfer
					 of less than 20% of the assets of an applicant.
(2) A transaction resulting in the transfer
					 of less than 20% of the direct or indirect control of an applicant.
(3) A transaction requiring a certificate of
					 public convenience issued under
					 66 Pa.C.S. §
													1102(a) (relating to
					 enumeration of acts requiring certificate).
(4) A transaction subject to evaluation under
					 the statement of policy on transfer of control, §
												69.901 (relating to utility stock
					 transfer under
					 66 Pa.C.S. §
													1102(a)(3)).
(5) A transaction that transfers the customer
					 base of an applicant and does not involve a change in conditions of service or
					 rates.
(6) A transaction subjected
					 to this subchapter by decision of the Commission, including a pro forma
					 transaction no longer classified as a pro forma transaction by the
					 Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 64 - STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL TELECOMMUNICATIONS SERVICE › Subchapter A - PRELIMINARY PROVISIONS › Section 64.1 - Statement of purpose and policy

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to establish and enforce
						uniform, fair and equitable residential telecommunications service standards
						governing account payment and billing, credit and deposit practices,
						suspension, termination and customer complaint procedures. The purpose of this
						chapter is to assure adequate provision of residential telecommunications
						service; to restrict unreasonable suspension or termination of or refusal to
						provide service; and to provide functional alternatives to suspension,
						termination or refusal to provide service. Every privilege conferred or duty
						required by this chapter imposes an obligation of good faith, honesty and fair
						dealing in its performance and enforcement. This chapter will be liberally
						construed to fulfill its purpose and policy and to ensure justice for all
						concerned.
The provisions of this § 64.1 amended under
						  66 Pa.C.S. §
														3019(b)(2) and
						  (3).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 64 - STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL TELECOMMUNICATIONS SERVICE › Subchapter B - PAYMENT AND BILLING STANDARDS › Section 64.11 - Method of payment

Current through Register Vol. 54, No. 28, July 13, 2024
Payment may be made in any reasonable manner including
						payment by personal check, unless the customer within the past year has
						tendered a check which has been returned unpaid to the LEC by a financial
						institution for a reason for which the customer is at fault. When a tendered
						personal check is returned unpaid to the LEC by a financial institution for a
						reason for which the customer is at fault, the LEC may treat such unpaid check
						as a payment never made by the customer and, if it does so, shall not be
						obligated to halt suspension or termination action based on its receipt of this
						check from the customer. The LEC may impose a charge for a returned check as
						long as the charge is set forth in the LEC's approved tariff, Product Guide or
						similar document. Notwithstanding the foregoing provisions, the LEC may not
						proceed with suspension or termination of service based on a disputed billed
						amount if the customer stops payment on a check due to a good faith billing
						dispute.
The provisions of this §
													64.11 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301-1325,
						  1501-1511 and
						  3019(b)(2) and
						  (3).
This section cited in 52 Pa. Code §
													64.2 (relating to
						  definitions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 64 - STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL TELECOMMUNICATIONS SERVICE › Subchapter B - PAYMENT AND BILLING STANDARDS › Section 64.12 - Due date for payment

Current through Register Vol. 54, No. 28, July 13, 2024
The due date for payment of a monthly bill, whether it be
						a paper bill or an electronic bill generated instead of a paper bill, shall be
						at least 20 days from the date of mailing or, in the case of an electronic
						bill, from the date of transmission by the LEC to the customer.
(1)
Extension of due date to next
					 business day.
If the last day for payment falls on a Saturday, Sunday
					 or bank holiday or another day when the offices of the LEC which regularly
					 receive payments are not open to the general public, the due date shall be
					 extended to the next business day.
(2)
Date of payment by mail.
For a remittance by mail, one of the following applies:
(i) Payment shall be deemed to have been made
					 on the date of the postmark.
(ii)
					 The LEC may not impose a late payment charge unless payment is received more
					 than 5 days after the due date.
(iii) The LEC may not mail or deliver notice
					 of suspension until at least 5 days after the stated due date.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 64 - STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL TELECOMMUNICATIONS SERVICE › Subchapter B - PAYMENT AND BILLING STANDARDS › Section 64.13 - Billing frequency

Current through Register Vol. 54, No. 28, July 13, 2024
A LEC shall render either a paper bill or an electronic
						bill once every billing period to customers in accordance with the LEC's
						tariff, product guide or similar document.
The provisions of this § 64.13 amended under
						  66 Pa.C.S. §
														3019(b)(2) and
						  (3).