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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter B. SERVICE AND FACILITIES


Sec.


63.11.    [Reserved].
63.12.    Minimizing interference and inductive effects.
63.13.    Periodic inspections.
63.14.    Emergency equipment and personnel.
63.15.    Complaint procedures.
63.16.    Traffic measurements.
63.17.    [Reserved].
63.18.    Multiparty line subscribers.
63.19.    Interoffice lines.
63.20.    Line extensions.
63.21.    Directories.
63.22.    Service records.
63.23.    Construction and maintenance safety standards for facilities.
63.24.    Service interruptions.

§ 63.11. [Reserved].


Source

   The provisions of this §  63.11 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7558. Immediately preceding text appears at serial pages (246445) to (246446).

§ 63.12. Minimizing interference and inductive effects.

 (a)  Interference. A public utility system shall be so constructed as to eliminate cross-talk and noise resulting from faulty construction, to the extent that these factors interfere with the satisfactory transmission of messages.

 (b)  Induction. A public utility shall use reasonable means to minimize inductive effects between adjacent power and communication circuits.

Authority

   The provisions of this §  63.12 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501 and 1508.

Source

   The provisions of this §  63.12 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285. Immediately preceding text appears at serial page (21001).

§ 63.13. Periodic inspections.

 A public utility shall adopt a program of periodic tests, inspections and preventive maintenance aimed at achieving continuous efficient operation of its system in a manner satisfactory to the Commission.

Authority

   The provisions of this §  63.13 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501 and 1508.

Source

   The provisions of this §  63.13 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285. Immediately preceding text appears at serial page (21001).

§ 63.14. Emergency equipment and personnel.

 (a)  Emergencies. A public utility shall take reasonable measures to meet emergencies, such as fire, storm, illness of personnel, power failure or sudden increase in traffic, by making available to the extent practicable the following:

   (1)  Emergency sources of ringing, lighting and other power.

   (2)  Other reserve equipment.

     (i)   The reserve equipment shall include a minimum of 3 hours battery reserve for central offices equipped with permanently installed standby power facilities.

     (ii)   Central offices shall have adequate provisions for standby power. A central office which is without stationary standby power facilities shall have available a portable power unit which can be delivered and connected on short notice.

     (iii)   Exchanges exceeding 5,000 lines shall be equipped with stationary standby power facilities.

   (3)  Qualified personnel for emergency operating and repair work.

 (b)  Emergency service. If the volume of traffic does not require that the central office be attended during the full 24 hours, emergency service shall be provided during the period in which the switchboard is unattended by the use of suitable alarm signals and conveniently available personnel.

Authority

   The provisions of this §  63.14 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1504 and 2901.

Source

   The provisions of this §  63.14 adopted March 25, 1946; amended through June 30, 1969; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466. Immediately preceding text appears at serial pages (78478) and (95639).

§ 63.15. Complaint procedures.

 (a)  Investigations. A public utility shall make a full and prompt investigation of service complaints made to it through the Commission by its customers or third parties. Upon receiving a service complaint from a customer of a utility, the Commission will transmit a summary of the service complaint to the utility. If a service complaint is resolved, the utility may terminate the investigation by submitting or transmitting a copy of the service order which identified the action taken by the utility to resolve the service complaint. When complaints are referred to the public utility through the Commission, the public utility and the Commission shall work to process and resolve all complaints.

 (b)  Records of complaints. A public utility shall preserve written or recorded service complaints showing the name and address of the subscriber or complainant, the date and character of the complaint, the action taken and the date of final disposition. Records of complaints shall be kept in accordance with §  64.192 (relating to record maintenance).

 (c)  Commission review. If a customer or applicant expresses dissatisfaction with the utility company’s decision or explanation, the utility shall inform the customer or applicant of the right to have the problem 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 § §  64.141—64.182 when applicable to residential utility service.

Authority

   The provisions of this §  63.15 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301, 1501, 1504 and 2901.

Source

   The provisions of this §  63.15 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (205881) to (205882).

§ 63.16. Traffic measurements.

 Traffic measurements shall be taken of sufficient extent, frequency and character to determine that central office equipment and personnel are adequate to handle traffic without unreasonable delay.

Source

   The provisions of this §  63.16 adopted March 25, 1946; amended through June 30, 1969.

§ 63.17. [Reserved].


Source

   The provisions of this §  63.17 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; reserved July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (205882) and (225747).

§ 63.18. Multiparty line subscribers.

 A multiparty line subscriber may be required to take service of a different grade if his use of service interferes unreasonably with the necessary service of the other subscribers on the line. The number of subscribers connected to a multiparty line shall be limited to a maximum of four.

Authority

   The provisions of this §  63.18 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301, 1501 and 1508.

Source

   The provisions of this §  63.18 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial page (225747).

§ 63.19. Interoffice lines.

 A public utility furnishing, singly or jointly with other telephone companies, channels for communication between different central offices, may not connect stations of subscribers to these channels. Sufficient interoffice channels shall be provided to handle the traffic without unreasonable delay.

Source

   The provisions of this §  63.19 adopted March 25, 1946; amended through June 30, 1969.

§ 63.20. Line extensions.

 (a)  Duty of public utility to make line extensions. A public utility shall make reasonable line extensions within the territory in which it is chartered to operate.

 (b)  Tariffs to include line extension rule. As part of its tariffs each public utility shall file rules with the Commission setting forth the conditions under which it will make line extensions servicing applicants within its charter territory.

Source

   The provisions of this §  63.20 adopted March 25, 1946; amended through June 30, 1969.

§ 63.21. Directories.

 (a)  When a directory is provided by the public utility, it shall be revised and reissued at sufficiently frequent intervals to avoid serious inconvenience to the public. A satisfactory length for a directory period shall be determined by the volume of changes and new listings and the facilities available for supplying new numbers to calling parties and for intercepting calls to numbers which have been changed.

 (b)  One copy of each new directory issue shall be furnished to each subscriber and one copy sent to the Commission by the issuing public utility at the time of its distribution to subscribers.

 (c)  A directory shall contain the following:

   (1)  The name of the issuing public utility.

   (2)  The month and year issued.

   (3)  A statement of the area covered by the directory.

   (4)  Necessary instructions to enable users to place calls efficiently, including, but not limited to, telephone company local, toll, emergency and operator-assistance calls. Necessary instructions to transact business with the telephone company, such as payment of bills, ordering changes in service and reporting service difficulties.

   (5)  A separate section containing social service organization, school and government listings.

 (d)  A name shall be listed in a directory only if the following conditions are met:

   (1)  It leads to a positive and particular identification of a party.

   (2)  It is a name the party legally is authorized to use.

   (3)  It is a name used by the party in the community.

   (4)  It is a name which is not misleading, deceptive or confusing.

 (e)  Upon receiving a customer complaint alleging misleading, deceptive or confusing directory listings, a public utility shall investigate the complaint under §  63.15 (relating to complaint procedures). If the utility determines that a directory listing is misleading, deceptive or confusing, the utility shall delete the listing from future directories. After reaching its decision the public utility shall advise interested parties in writing of its opinion and shall inform them of the right to file a complaint with the Commission.

Authority

   The provisions of this §  63.21 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301, 1501, 1504 and 2901.

Source

   The provisions of this §  63.21 adopted March 25, 1946; amended through June 30, 1969; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (225747) to (225748) and (205885).

Notes of Decisions

   Duty to Inform

   Duty to inform public under this section does not establish duty on part of phone company to give non-negligent legal service in its directory, where issue was raised for first time on appeal. Rice v. Bell Telephone Company of Pennsylvania, 524 A.2d 522 (Pa. Super. 1987).

§ 63.22. Service records.

 (a)  A public utility shall keep sufficient records to reflect the following:

   (1)  Tests and inspections showing data as to date, facilities tested or inspected, conditions of the facilities and action taken.

   (2)  Service complaints and trouble reports.

     (i)   A public utility shall provide for the receipt of trouble reports at all hours and make a full and prompt investigation of, and response to, complaints, with the exception of isolated outages beyond normal working hours affecting fewer than 15 customers in an exchange.

     (ii)   A public utility shall maintain an accurate record of customer trouble reports which shall include:

       (A)   Identification of the customer affected.

       (B)   Service affected.

       (C)   Time, date and nature of the report.

       (D)   Results of investigation.

       (E)   Action taken to remedy the situation.

       (F)   Time and date of trouble clearance or other disposition.

   (3)  Service interruptions affecting 300 or more customers, including the date, cause, extent and duration of the interruption.

   (4)  Location and description of its plant, including maps, as appropriate.

 (b)  Records required by this chapter shall be kept within this Commonwealth at an office of the utility located in the territory served by it, and shall be open for examination by the Commission or its representative.

 (c)  Records pertaining to reasonableness and adequacy of utility service, as required by this chapter, shall be filed with the Commission and released to the public upon request. A utility may petition the Commission for waiver of this subsection for particular public requests.

Authority

   The provisions of this §  63.22 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501, 1508 and 2901.

Source

   The provisions of this §  63.22 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285; amended January 29, 1988, effective July 30, 1988, 18 Pa.B. 466. Immediately preceding text appears at serial pages (122647) to (122648).

§ 63.23. Construction and maintenance safety standards for facilities.

 Overhead and underground public utility equipment or facilities and crossings of the wires or cables of every public utility over or under the facilities of other public utilities, cooperative associations or electric utilities—including parallel or random installation of underground electric supply and communication conductors or cable—shall be constructed and maintained in accordance with safe and reasonable standards as set forth in the National Electrical Safety Code, 1981 edition.

Authority

   The provisions of this §  63.23 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501 and 1508.

Source

   The provisions of this §  63.23 adopted March 25, 1946; amended through June 30, 1969; amended October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285. Immediately preceding text appears at serial page (21004).

§ 63.24. Service interruptions.

 (a)  System maintenance. Each public utility shall endeavor to maintain its entire system in such condition as to make it possible to furnish continuous service, and shall take reasonable measures to prevent interruptions of service and to restore service with a minimum delay if interruptions occur.

 (b)  When main telephone service is interrupted for a period of at least 24 hours, the public utility, after due notice by the customer, shall apply the following schedule of allowances except in situations as provided for in paragraph (3):

   (1)  One-thirtieth of the tariff monthly rate of services and facilities furnished by the public utility rendered inoperative, useless or impaired for each of the first three full 24-hour periods during which the interruption continues after notice by the customer to the public utility conditioned that the out-of-service extends beyond a minimum of 24 hours.

   (2)  Two-thirtieths of each full 24-hour period beyond the first three 24-hour periods. However, in no instance may the allowance for the out-of-service period exceed the total charges in a billing period for the service and facilities furnished by the public utility rendered useless or impaired.

   (3)  When service is interrupted for a period of at least 24 hours due to such factors as storms, fires, floods or other conditions beyond the control of the public utility, an allowance of 1/30 of the tariff monthly rate for all services and facilities furnished by the public utility rendered inoperative or substantially impaired to the extent of being useless shall apply for each full 24 hours during which the interruption continues after notice by the customer to the public utility.

   (4)  The allowances set forth in paragraphs (1)—(3) may not be applicable where service is interrupted by the negligence or willful act of the customer to service or where the public utility, pursuant to the terms of the contract for service, suspends or terminates service for nonpayment of charges or for unlawful or improper use of the facilities or service or for any other reason provided for in the filed and effective tariff.

Authority

   The provisions of this §  63.24 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504, 1501 and 1508.

Source

   The provisions of this §  63.24 adopted March 25, 1946; amended through June 30, 1969; amended through October 29, 1982, effective December 18, 1982, 12 Pa.B. 4285. Immediately preceding text appears at serial pages (21004) to (21005).



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