Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart C - Fixed Service Utilities › Chapter 69 - GENERAL ORDERS, POLICY STATEMENTS AND GUIDELINES ON FIXED UTILITIES › APPLICATION OF AMERICANS WITH DISABILITIES ACT AND UNIVERSAL ACCESSIBILITY ACT › Section 69.221 - Application of accessibility and usability standards to pay telephone service providers-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background.
The
					 Pennsylvania General Assembly has enacted the act of December 20, 1988 (P. L.
					 1296, No. 166), known as the Universal Accessibility Act (UAA) (71 P. S. §
												§
												1455.1-1455.3b), to provide for the
					 accessibility and usability of public buildings to persons with disabilities.
					 The UAA is being implemented by the Department of Labor and Industry through
					 regulations promulgated at 34 Pa. Code Chapter 60 (relating to Universal
					 Accessibility Standards). The United States Congress enacted the Americans With
					 Disabilities Act of 1990 (ADA) (42 U.S.C. §
												§
												12101-12213) to similarly provide
					 comprehensive civil rights protections to persons with disabilities.
					 Protections involved in the Federal legislation include accessibility and
					 usability of public accommodations. The Federal Department of Justice has
					 promulgated regulations at 28 CFR Part 36 (relating to non-discrimination on
					 the basis of disability by public accommodations and in commercial facilities),
					 implementing the ADA and has adopted standards referred to as the Americans
					 With Disabilities Act Accessibility Guidelines for Buildings and Facilities
					 (ADAAG). Both statutes and the underlying regulations are consistent with ADAAG
					 and are applicable to the usability and accessibility of pay telephones in
					 public buildings or accommodations; however, the compliance obligation is
					 placed on the owner of the building or accommodation. While compliance with
					 accessibility standards is under the primary control of the building owner or
					 lessee, compliance with usability standards is clearly under the primary
					 control of the pay telephone service provider. The Commission regulates the
					 adequacy of service of pay telephone service providers operating in this
					 Commonwealth under
					 66 Pa.C.S. §
												1501 or
					 Chapter 29 (relating to character of service and facilities; and telephone and
					 telegraph wires). Clearly, the Commission has authority to exercise its
					 jurisdiction over Pennsylvania pay telephone compliance with usability
					 standards as required by the ADA as a component of adequacy of service. In this
					 regard, the Commission finds it is in the public interest that ADAAG usability
					 standards apply to pay telephones when compliance is required by the
					 ADA.
(b)
Statement of
					 policy.
The provision of legally adequate pay telephone service in
					 this Commonwealth should include compliance with ADAAG usability standards in
					 the following instances where compliance with usability standards is required
					 by the ADA:
(1) Pay telephone service in new
					 or altered public accommodations.
(2) Pay telephone service in new or existing
					 facilities used by public entities.
(3) Text telephone service in stadiums,
					 arenas, convention centers and covered shopping malls.
(4) Text telephone service adjacent to
					 hospital emergency rooms, hospital recovery rooms or hospital waiting
					 rooms.