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Pennsylvania Code



Subchapter F. EXTENDED AREA SERVICE


Sec.


63.71.    Definitions.
63.72.    Traffic usage studies.
63.72a.    InterLATA traffic studies.
63.73.    Optional calling plans.
63.74.    EAS polls.
63.75.    Subscriber polls.
63.76.    EAS complaints.
63.77.    Evaluation criteria.

§ 63.71. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   EAS—extended area service—The expansion of a local calling area to include additional exchanges.

   Exchange—An area served by one or more central offices which has a unique local calling area and a defined rate center from which toll distances are measured.

   Full billing and collection agreement—An agreement under which an interexchange carrier contracts with the local exchange carrier to bill and collect the revenues for message toll service calls placed by end users through the interexchange carrier as the presubscribed carrier.

   Interexchange toll rates—Telephone rates, usually based in part on the length of a telephone call, which are applied to calls between exchanges that are not in the same local calling area.

   LATA—A local access and transport area as designated by Federal law.

   Local calling area—The area, consisting of one or multiple telephone exchanges, between which calls may be completed without having interexchange toll rates applied.

   Local exchange carrier—A public utility which is certificated to provide intraexchange telephone service.

   Optional calling plan—A tariff provision which establishes the rate option to be offered to residential and business subscribers in exchanges which qualify for alternatives to EAS under §  63.73 (relating to optional calling plans).

   Qualified noncontiguous exchanges—Exchanges with toll rate centers within 16 miles of each other which do not geographically border each other but which meet the following criteria:

     (i)   The call-frequency standards between the exchanges established under §  63.74 (relating to EAS polls) are met in at least one direction.

     (ii)   The local calling area of the calling exchange is contiguous to the receiving exchange.

   Subscriber—A person or entity which contracts directly with a telephone utility for telephone service.

   Traffic study interexchange carriers—The five most active interexchange carriers in the service territory of a local exchange carrier as determined by a biennial review of interLATA access charge levels.

Authority

   The provisions of this §  63.71 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

Source

   The provisions of this §  63.71 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2340; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829. Immediately preceding text appears at serial page (157989).

§ 63.72. Traffic usage studies.

 A local exchange carrier shall conduct a biennial interexchange toll traffic usage study. The study shall measure traffic over both intraLATA and interLATA routes. The study shall measure the average calling frequency between contiguous exchanges and between each exchange and each noncontiguous exchange having a toll rate center within 16 miles. On intraLATA routes only, the study shall also measure the percentage of total access lines within the exchange over which the calls are placed. In measuring calling frequency, all calling classes shall be considered collectively, including those who have elected optional calling plans under §  63.73 (relating to optional calling plans). The study shall measure usage in a representative 30-day period within the 12-month period preceding the study. The local exchange carrier shall prepare a report containing results of the study. The report is required to address only routes which equal or exceed 1.50 calls per access line per month. The report shall be filed with the Commission with a copy to the Office of Consumer Advocate on or before October 1 of each survey year. The report will be treated as proprietary and shall be filed under protective seal. The Commission and the Office of Consumer Advocate will release the results of the report, upon request, on a route specific basis to customers or customer representatives. Traffic usage data for routes with less than 1.50 calls per access line per month shall be submitted by local exchange carriers upon request by the Commission or the Office of Consumer Advocate.

Authority

   The provisions of this §  63.72 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

Source

   The provisions of this §  63.72 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829. Immediately preceding text appears at serial pages (157990) to (157991).

Cross References

   This section cited in 52 Pa. Code §  63.72a (relating to interLATA traffic studies).

§ 63.72a. InterLATA traffic studies.

 (a)  By January 31 of each year in which a biennial traffic study is due, each local exchange carrier will identify and formally notify the Commission of the traffic study interexchange carriers in its service territory. The identity of the traffic study interexchange carriers shall be based upon review of the access charge levels from the most recent 12-month period available. Each local exchange carrier shall concurrently notify each traffic study interexchange carrier of the following:

   (1)  That the interexchange carrier’s traffic will be included in the local exchange carrier’s traffic study under this subchapter.

   (2)  The format which the local exchange carrier will utilize in its traffic usage study.

   (3)  The representative month the local exchange carrier will use in its study.

 (b)  Each traffic study interexchange carrier shall provide the local exchange carrier with data which identifies the relevant interexchange traffic completed by the interexchange carrier and which originated in the local exchange carrier’s service territory for the representative month used by the local exchange carrier. The data shall be submitted to the local exchange carrier by June 1 of each year in which a biennial traffic usage study is due. The data submitted by traffic study interexchange carriers may not include traffic for which the interexchange carrier bills through the local exchange carrier under a full billing and collection agreement.

 (c)  The data submitted by each traffic study interexchange carrier shall be organized consistent with the following:

   (1)  The data shall be in the format specified by the local exchange carrier for the traffic usage study.

   (2)  The data shall identify the total number of calls completed by the traffic study interexchange carrier and which originated in each exchange in the local exchange carrier’s service territory for each interLATA route which requires study under §  63.72 (relating to traffic usage studies) for the representative month.

   (3)  The data shall identify the total number of access lines presubscribed to the traffic study interexchange carrier in each exchange for which data is submitted under paragraph (2).

   (4)  Data submitted by a traffic study interexchange carrier to a local exchange carrier shall be considered proprietary to the traffic study interexchange carrier and may not be used by the local exchange carrier for a purpose other than preparing its traffic usage study.

   (5)  Each traffic study interexchange carrier may petition the Commission to waive the submission of a portion of the data required to be submitted under this section. Each waiver petition shall include the estimated costs of submitting the data and the relative amount of traffic which the data represents. The Commission will approve a waiver petition only if it finds that the costs to the interexchange carrier outweigh the value of the data to the traffic usage study.

 (d)  Upon receiving the traffic study interexchange carrier data, each local exchange carrier shall complete the following in preparing the interLATA component of the traffic usage study:

   (1)  Collect and analyze the traffic data for each traffic study interexchange carrier for calls completed by the interexchange carrier which are billed through the local exchange carrier under a full billing and collection agreement.

   (2)  Aggregate the traffic data it collects and analyzes under full billing and collection agreements with the traffic data it receives from each traffic study interexchange carrier. Each local exchange carrier shall report the aggregate interexchange carrier. Each local exchange carrier shall report the aggregate results of the interLATA traffic study to the Commission in its biennial traffic usage study filed under §  63.72.

Authority

   The provisions of this §  63.72a issued under Public Utility Code,

Source

   The provisions of this §  63.72a adopted June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829.

§ 63.73. Optional calling plans.

 (a)  When biennial interexchange toll traffic usage studies reveal an average monthly calling frequency of 2.00 or more calls per access line from one exchange to another and where at least 25% of the access lines in the calling exchange have been used for 1.00 or more calls per month to the receiving exchange over a route for which a local exchange carrier provides toll service, a local exchange carrier shall offer one of the following rate options to each residential and business subscriber within the calling exchange:

   (1)  The ability to purchase for a flat fee a block of time for calls and a continuing discount for all usage exceeding the initial block of time to the receiving exchange during each billing period.

   (2)  Another alternative rate option approved by the Commission.

 (b)  When an exchange qualifies for an optional calling plan over a route served by a local exchange carrier, the local exchange carrier shall notify each residential and business subscriber within 60 days of the availability of the optional calling plan and shall provide to each subscriber a general description of the rates and benefits of the optional calling plan.

 (c)  When biennial interexchange toll traffic usage studies reveal an average monthly calling frequency of 2.00 or more calls per access line from one exchange to another over an interLATA route, each traffic study interexchange carrier serving the route shall offer one of the following rate options to each residential and business subscriber to whom the traffic study interexchange carrier provides toll service within the calling exchange:

   (1)  The ability to purchase a block of time for calls for a flat fee and a continuing discount for usage exceeding the initial block of time to the receiving exchange during each billing period.

   (2)  Another alternative rate option approved by the Commission.

 (d)  When an exchange qualifies for an optional calling plan over an interLATA route, each traffic study interexchange carrier serving the route shall notify each residential and business subscriber it serves in the exchange within 60 days of the availability of the optional calling plan and shall provide a description of the rates and benefits of the optional calling plan.

 (e)  A local exchange carrier and a traffic study interexchange carrier, serving a route which qualifies for an optional calling plan under a traffic usage study shall maintain in its tariff a provision which provides for establishment of an optional calling plan. The optional calling plan shall be consistent with subsection (a) or (b) and may establish flat fees to be charged for the installation of the optional calling plan.

 (f)  A local exchange or traffic study interexchange carrier may not terminate an optional calling plan to an exchange without express Commission approval.

Authority

   The provisions of this §  63.73 issued under Public Utility Code,

Source

   The provisions of this §  63.73 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2340; corrected May 31, 1991, effective May 18, 1991, 21 Pa.B. 2555; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829. Immediately preceding text appears at serial page (157991).

Cross References

   This section cited in 52 Pa. Code §  63.71 (relating to definitions); 52 Pa. Code §  63.72 (relating to traffic usage studies); and 52 Pa. Code §  63.102 (relating to definitions).

§ 63.74. EAS polls.

 Whenever a traffic usage study between contiguous exchanges or between qualified noncontiguous exchanges qualifies for EAS under paragraphs (1) and (2), a subscriber poll of the calling exchange shall be conducted by the local exchange carrier serving the calling exchange to determine if the local calling area should be extended.

   (1)  For intraLATA routes, a route qualifies for extended area service if it has an average monthly calling frequency of 5.50 or more calls per access line from one exchange to another and where at least 50% of the access lines in the calling exchange have been used for 1.00 or more calls per month to the receiving exchange.

   (2)  For interLATA routes, a route qualifies for EAS if it has an average monthly calling frequency of 5.50 or more calls per access line from one exchange to another.

   (3)  A subscriber request for polling will not be considered a legal pleading and will not be subject to response by a utility or another party.

   (4)  A poll is not required if subscribers have affirmatively rejected the implementation of EAS from the calling exchange to the receiving exchange during the preceding 2 years.

   (5)  Two-way balloting will not be required unless usage standards are met in both directions.

   (6)  If two-way balloting is required and if the same telephone utility serves each exchange, the utility shall poll subscribers in each exchange for EAS into the other exchange. If different telephone utilities serve each exchange, each utility shall poll its own subscribers.

   (7)  A poll is not required when usage standards are met on a specific route and there will be no increase in the local service charge for extending the local calling area of an exchange. In this instance, one-way EAS shall be implemented over the qualifying route.

   (8)  When usage standards are met in both directions, two-way balloting is not required if there will be no increase in the local service charge for extending the local calling area for one of the two exchanges. If one of the two exchanges will receive an increase, than that exchange shall be polled and, if the exchange polled adopts EAS two-way EAS shall be implemented. Otherwise, one-way EAS shall be implemented on the route where there will be no increase.

   (9)  If circumstances require, the Commission may specify additional conditions under which polls shall be conducted.

   (10)  A local exchange carrier may petition the Commission for waiver of a provision of this section to address unique circumstances.

Authority

   The provisions of this §  63.74 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

Source

   The provisions of this §  63.74 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2555; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829. Immediately preceding text appears at serial pages (157991) to (157992).

Cross References

   This section cited in 52 Pa. Code §  63.71 (relating to definitions); and 52 Pa. Code §  63.75 (relating to subscriber polls).

§ 63.75. Subscriber polls.

 The following rules apply to EAS subscriber polls:

   (1)  Within 180 days of the submission of traffic usage data indicating that a route qualifies for EAS under §  63.74 (relating to EAS polls), a local exchange carrier shall file a petition with the Commission requesting approval of a proposed transmittal letter and ballot which includes an estimate of the increase in the charge for local service to the Commission as a result of extending the local calling area. The Commission will approve a transmittal letter and ballot which shall include an estimate of the increase in the charge for local service, if any, due to the expansion of the local calling area.

   (2)  The local exchange carrier shall mail one approved ballot to each subscriber in the calling exchange. The local exchange carrier may tabulate the ballots itself but shall submit to the Bureau of Safety and Compliance a list of customers to be polled and their telephone numbers prior to sending out ballots. Upon completion of tabulation by a local exchange carrier, the local exchange carrier shall submit the original returned ballots to the Bureau of Safety and Compliance and shall submit a verified report to the Commission detailing the results of the poll. If the local exchange carrier does not tabulate the ballots itself, the ballots sent by the local exchange carrier to the subscribers shall be preaddressed, postage prepaid postcards to be returned to the Commission for tabulation.

   (3)  At least 50% of the ballots from an exchange shall be returned for a poll to be considered valid.

   (4)  In a valid poll, if 50% of the ballots returned from an exchange are in favor of EAS, the affected local exchange carriers shall implement EAS to the receiving exchange.

   (5)  In cases where interLATA EAS is implemented, telephone service between the calling exchange and the receiving exchange shall be transferred from the interexchange carriers serving the calling exchange to the local exchange carrier serving the calling exchange.

   (6)  In cases where the local exchange carrier is prohibited from providing service between the calling exchange and the receiving exchange by Federal antitrust consent decree restrictions and a waiver is necessary to implement EAS, the local exchange carrier shall apply for a waiver of Federal antitrust restrictions to allow it to implement EAS. The request for waiver will be made within 60 days of a Commission order or Secretarial Letter approving EAS. The Commission will file a statement affirmatively supporting the waiver application.

Authority

   The provisions of this §  63.75 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

Source

   The provisions of this §  63.75 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2829. Immediately preceding text appears at serial pages (157992) to (157993).

Cross References

   This section cited in 52 Pa. Code §  63.76 (relating to EAS complaints).

§ 63.76. EAS complaints.

 A formal complaint may be filed seeking the implementation of EAS. A complaint will be evaluated according to the criteria in §  63.77 (relating to evaluation criteria). If multiple telephone utilities are involved, each affected utility shall be an indispensible party to the proceeding. An administrative law judge may, as part of an initial decision, recommend the conduct of subscriber polls under §  63.75 (relating to subscriber polls) to determine if EAS should be implemented. The provisions of this subchapter do not prohibit the filing of complaints seeking the implementation of EAS between noncontiguous exchanges.

Authority

   The provisions of this §  63.76 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

Source

   The provisions of this §  63.76 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179.

§ 63.77. Evaluation criteria.

 The Commission will consider the following criteria in evaluating EAS complaints:

   (1)  The amount of toll charge traffic between the two exchanges.

   (2)  The cost to the utility of implementing extended area service.

   (3)  The potential increase in local service charge due to implementation of EAS versus the current cost to subscribers for interexchange toll calls.

   (4)  The demography and the proximity of the exchanges as indicating community of interest.

   (5)  The availability of alternatives to EAS.

   (6)  The economic effect on the community if the local service area is not extended.

Authority

   The provisions of this §  63.77 issued under the Public Utility Code, 66 Pa.C.S. § §  501 and 1501.

Source

   The provisions of this §  63.77 adopted March 17, 1989, effective March 18, 1989, 19 Pa.B. 1179.

Cross References

   This section cited in 52 Pa. Code §  63.76 (relating to EAS complaints).



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