Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS Chapter 278
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
278.280(2) provides that the
commission shall prescribe rules for the performance of any service or the
furnishings of any commodity by the utility. This administrative regulation
establishes general rules which apply to telephone utilities.
Section 1. Definitions.
(1) "Access line" means wires or channels
used to connect network interface at the subscriber premises with the central
office.
(2) "Average busy season;
busy hour traffic" means the average traffic volume for the busy season, busy
hours.
(3) "Base rate area" means
the developed portion or portions within each exchange service area as set
forth in telephone utility tariffs, maps or descriptions. Access line service
within this area is furnished at uniform rates without mileage
charges.
(4) "Basic or regular
service" includes all one (1), two (2), four (4) and eight (8) party access
line service.
(5) "Busy hour" means
the two (2) consecutive half-hours during which the greatest volume of traffic
is handled in the central office.
(6) "Busy season" means that period of the
year during which the greatest volume of traffic is handled in the central
office.
(7) "Calls" means telephone
messages attempted by a customer.
(8) "Central office" means a unit of a
telephone utility, including switching equipment and appurtenant facilities
used to establish connections between customer lines or between customer lines
and trunk or toll lines to other central offices within the same or at other
exchanges.
(9) "Class of service"
means the various categories of telephone service generally available to
customers, such as business or residence.
(10) "Customer or subscriber" means any
person, firm, partnership, corporation, municipality, cooperative, organization
or governmental agency provided with telephone service by any telephone
utility.
(11) "Customer trouble
report" means any oral or written report from a subscriber or user of telephone
service relating to a physical defect or difficulty with the operation of
telephone facilities.
(12) "Direct
distance dialing (DDD)" means customer dialing over the nationwide intertoll
telephone network of calls to which toll charges are applicable. No operator
assistance is required for DDD calls.
(13) "Exchange" means a geographical area
established by a telephone utility for the administration of telephone service.
It may embrace a city, town, or village and its environs or a portion thereof.
It may consist of one (1) or more central offices together with associated
plant used in furnishing communication service in that area.
(14) "Extended area service (EAS)" means the
provision of toll free calling between or among two (2) or more exchange
areas.
(15) "Grade of service"
means the number of parties served on a telephone line such as one (1) party,
two (2) party, four (4) party, etc.
(16) "Intercept service" means a service
arrangement provided by the utility whereby calls placed to a disconnected,
discontinued, or improperly listed telephone number are intercepted and the
calling party is informed that the called telephone number has been
disconnected, discontinued, changed, or that calls are being received by
another telephone. This may be accomplished by recording or by
operator.
(17) "Message" means a
completed customer telephone call.
(18) "Outside plant" means telephone
equipment and facilities installed on, along, over or under streets, alleys,
highways, or on private rights-of-way between central office and customer's
location or between central offices.
(19) "Regrade" means an application for a
different class or grade of service.
(20) "Service line" means those facilities
owned and maintained by a customer or group of customers. Lines of those
facilities are connected with facilities of a telephone utility at an agreed
point for communication service.
(21) "Service objectives," as construed in
these administrative regulations, shall mean a designated number or percentage,
applicable to various service measures, maintenance of which shall indicate a
minimum satisfactory level of service.
(22) "Special service" means unusual and
complex services such as data terminals, teletypewriter, full period circuits,
wide area telephone service (WATS), or other items that require special
engineering, installation or manufacturing to provide service.
(23) "Switching service" means switching
performed for service lines.
(24)
"Tariff" means the entire body of rates, tolls, rentals, charges,
classifications, regulations and rules, adopted by a public utility in
accordance with laws governing the provisions of public utility
service.
(25) "Telephone utility"
means any person, firm, partnership, cooperative, organization or corporation
furnishing telephone service to the public under the jurisdiction of the
commission.
(26) "Toll connecting
trunks" means a general classification of trunks carrying toll traffic and
ordinarily extending between a local office and a toll office.
(27) "Toll station" means an access line and
associated equipment connected to a toll line or directly to a toll
board.
(28) "Traffic" means
telephone call volume, based on number and duration of messages.
Section 2. General Provisions.
This administrative regulation governs furnishing of intrastate telephone
service and facilities to the public by telephone utilities subject to the
jurisdiction of the commission. These rules set forth reasonable service
standards and procedures for rendering adequate and satisfactory service to the
public.
Section 3. Acceptable
Standards. Unless otherwise specified by the commission, the utility shall use
applicable provisions in the following publications as standards of accepted
good engineering practice for construction and maintenance of plant and
facilities, incorporated in this administrative regulation by reference. Copies
are available at the Commission office, 211 Sower Boulevard, P.O. Box 615,
Frankfort, Kentucky 40602.
(1) National
Electrical Safety Code; ANSI C2. 1990 Edition, available by contacting the IEEE
Service Center, 445 Hoes Lane, P.O. Box 1331, Piscataway, New Jersey
08855-1331. This material is also available for inspection and copying, subject
to copyright law, at the offices of the Public Service Commission, 211 Sower
Boulevard, P.O. Box 615, Frankfort, Kentucky 40602, Monday through Friday
between the hours of 8 a.m. to 4:30 p.m. local time.
(2) National Electrical Code; ANSI/NFPA 70,
1990 Edition, available by contacting the National Fire Protection Association,
Batterymarch Park, Quincy, Massachusetts 02169. This material is also available
for inspection and copying, subject to copyright law, at the offices of the
Public Service Commission, 211 Sower Boulevard, P.O. Box 615, Frankfort,
Kentucky 40602, Monday through Friday between the hours of 8 a.m. to 4:30 p.m.
local time.
Section 4.
Basic Utility Obligations.
(1) Each telephone
utility shall provide telephone service to the public in its service area in
accordance with its rules and tariffs on file with the commission. Such service
shall meet or exceed standards set forth in this administrative
regulation.
(2) Each telephone
utility shall continually review its operations to assure adequate
service.
(3) Each telephone utility
shall maintain records of its operations in sufficient detail necessary to
permit review, and those records shall be available for inspection by the
commission upon request.
(4) Each
utility shall maintain records of various service objectives by exchange,
district, or as otherwise approved by the commission. A records summary shall
be submitted monthly to the commission. If the utility's performance falls
below the service objective for two (2) consecutive months, the utility shall
submit to the commission a report setting forth action taken or planned to
correct performance levels.
(5)
Where a telephone utility is generally operated in conjunction with any other
enterprise, suitable records shall be maintained so that results of the
telephone operation may be determined upon reasonable notice and request by the
commission.
Section 5.
Directories.
(1) Telephone directories shall
be published at least yearly for each exchange listing the name, location and
telephone numbers of all customers, except public telephones and numbers
unlisted at customer request, which can be called within the service area
without a long distance charge.
(2)
Upon issuance, a copy of each directory shall be distributed by each utility to
all its subscribers served by that directory, and a copy of each directory
shall be furnished to the commission.
(3) The name of the telephone utility, the
area included in the directory, and the year of issue shall appear on the front
cover. Information pertaining to emergency calls such as for police and fire
departments shall appear conspicuously in the front part of directory
pages.
(4) The directory shall
contain such instructions concerning placing local and long distance calls,
calls to repair and information services, and location of telephone company
business offices appropriate to the area served by the directory. Rates between
frequently called points may also be included.
(5)
(a)
Information operators shall have access to records which include all listed
telephone numbers, except public telephones and numbers that are unlisted at
customer's request, in the area for which they are responsible for furnishing
information service.
(b) Intercept
operators shall have access to records which indicate the status of all
telephone numbers in the area for which they are responsible for furnishing
intercept service.
(6)
In the event of an error in the listed number of any customer, the telephone
utility shall intercept all calls to the listed number for ninety (90) days
provided the number is not in service. In the event of an error or omission in
the name listing of a customer, such customer's correct name and telephone
number shall be in the files of information or intercept operators and the
correct number furnished the calling party either upon request or
interception.
(7) Whenever any
customer's telephone number is changed after a directory is published, and if
central office capacity exists to do so, the utility shall intercept all calls
to the former number for ninety (90) days, and give the calling party the new
number if the customer so desires.
(8) When a large group of number changes are
scheduled due to additions or changes in plant, records or operations,
reasonable notice shall be given to all customers so affected even though the
additions or changes may be coincident with a directory issue.
Section 6. Exchange Maps.
(1) Each telephone utility shall file maps
with the commission showing the current exchange service area for each
telephone exchange operated. Maps shall be in sufficient detail to reasonably
permit locating exchange service area boundaries in the field. A copy of such
map shall be included in the utility's tariff, in accordance with requirements
of
807 KAR 5:011.
(2) With every revised map, the telephone
utility so filing shall submit proof of notice of the proposed revision to each
telephone utility whose exchange area adjoins exchange area boundary lines or
is located reasonably near territory which would be changed by such revisions.
This shall include provision for the signature of an official of each telephone
utility concerned on the copy of the exchange maps filed with the
commission.
Section 7.
Tariffs. Each telephone utility shall file with its tariff the various exchange
areas, base rate areas where they exist, conditions and circumstances under
which service will be furnished, and definition of the classes and grades of
service available to customers, in accordance with
807 KAR 5:011.
Section 8. Extensions of Service.
(1) The utility shall extend service to
applicants within the base rate area where it exists without a construction
charge except in cases of special requirements as identified by the utility in
its approved tariff.
(2) Each
telephone utility shall make an extension of 750 feet or less, free of charge,
from existing plant facilities to provide service to applicants who shall apply
for and contract to use the service for up to one (1) year and guarantee
payment for the service.
(3) Other
extensions.
(a)
1. When an extension to serve an applicant or
a group of applicants amounts to more than 750 feet per applicant, the utility
may, if not inconsistent with its filed tariff, require the total cost of
excessive footage over 750 feet per customer to be paid to the utility by the
applicant or applicants, based on average estimated cost per foot of the total
extension.
2. Each customer
receiving service under such extension will be reimbursed under the following
plan: Each year for a refund period of not less than ten (10) years, the
utility shall refund to any customer who paid for the excessive footage the
cost of 750 feet of the extension in place for each additional customer
connected to the extension installed and not to extensions or laterals
therefrom. Total amount refunded shall not exceed the amount paid the utility.
After the refund period ends, no refund will be required.
(b) An applicant desiring an extension to a
proposed real estate subdivision may be required to pay the entire cost of the
extension. Each year for a period of not less than ten (10) years the utility
shall refund to the applicant who paid for the extension a sum equivalent to
the cost of 750 feet of the extension installed for each additional customer
connected during the year. Total amount refunded shall not exceed the amount
paid to the utility. After the refund period ends, no refund shall be
required.
(4) Nothing
contained in this administrative regulation shall be construed to prohibit a
utility from making at its expense greater extensions than prescribed, if
similar free extensions are made to other customers under similar
conditions.
(5) Upon complaint to
and investigation by the commission, a utility may be required to construct
extensions greater than 750 feet upon a finding by the commission that such
extension is reasonable.
(6)
Nothing contained in this administrative regulation shall be construed to
prohibit the utility from making extensions under different arrangements
provided such arrangements have been approved by the commission.
Section 9. Grade of Service.
(1) Within the base rate area, no telephone
utility shall place more than four (4) customers on any local exchange access
line. Within the service area no telephone utility shall connect more customers
on any line than are contemplated under the grade of service charged the
customer on such line.
(2) On rural
lines where multiparty service is provided, no more than eight (8) customers
shall be connected to any local exchange access line. The telephone utility may
regroup customers in such a manner as necessary to carry out the provisions of
this administrative regulation.
Section 10. Provision of Service.
(1) It shall be the service objective of all
utilities to fill ninety (90) percent of applications for regular service
within five (5) working days of receipt unless applicant specifically requests
a later date.
(2) The service
objective for regular regrades shall be to fill ninety (90) percent of
applications within thirty (30) days unless applicant specifically requests a
later date.
(3) Applications for
special service shall be filled as expeditiously as equipment and facilities
permit.
(4) All applications which
are not filled within five (5) working days for initial regular service and
within thirty (30) days for regular regrades shall be considered as held
applications.
(5) The utility shall
keep a record by exchanges showing name and address of each applicant, date of
application, date service desired, class and grade of service applied for, and
any reason for inability to provide new or regrade service to
applicant.
(6) When, because of
shortage of facilities, a utility is unable to supply telephone service on
dates requested by applicant, first priority shall be given to furnishing those
services which are essential to public health and safety. In cases of prolonged
shortage or other emergency, the commission may require establishment of a
priority plan subject to its approval for clearing held orders, and may request
periodic reports concerning progress being made.
(7) If circumstances beyond the control of
the utility make it impossible to provide service within the time limits
specified above, the utility shall promptly notify applicant of the reason for
delay and give him a commitment date based upon best available
information.
Section 11.
Public Telephone Service. In each exchange, the telephone utility shall supply
at least one (1) public coin-activated telephone that will be available on a
twenty-four (24) hour basis. This public telephone shall be located in a
prominent location in the exchange and shall be lighted at night. The utility
may establish additional public telephone service at other locations. The
commission may direct additional public telephone service upon finding that
public convenience would be served.
Section
12. Discontinuance of Service.
(1) When a telephone utility is notified in
writing by the commission, federal or state law enforcement agency, Attorney
General of Kentucky, a Commonwealth's attorney, or a county attorney acting
within the agency or official's jurisdiction, that any facility furnished by it
is being used or will be used for transmitting or receiving gambling
information, that utility shall discontinue or refuse, to lease, furnish, or
maintain such facility, after reasonable notice to the subscriber. No damages,
penalty or forfeiture, civil or criminal, shall be recovered from any telephone
utility for any act done in compliance with any notice received from the
commission or law enforcement agency.
(2) Nothing in this section shall be deemed
to prejudice the right of any person affected by this administrative regulation
to secure an appropriate judicial determination that such facility should not
be discontinued or removed, or should be restored.
(3) Nothing in this administrative regulation
shall be construed to prevent transmission of information for use in legitimate
news reporting of sporting events or contests by recognized news
media.
Section 13.
Customer Billing. Bills to customers shall be rendered regularly and shall
contain clear listings of all charges. The utility shall comply with reasonable
customer requests for an itemized statement of charges. All toll charges shall
be itemized separately.
Section 14.
Adequacy of Service.
(1) Each utility shall
employ recognized engineering and administrative procedures to determine
adequacy of service being provided to the customer.
(2) Traffic studies shall be made and records
maintained to the extent and frequency necessary to determine that sufficient
equipment and an adequate operating force are provided at all times including
the busy hour, busy season.
(3)
Each telephone utility shall provide for operator assistance on a twenty-four
(24) hour per day basis.
(4) Each
utility shall employ adequate procedures for assignment of facilities. The
assignment record shall be kept current and checked periodically to determine
if adjustments are necessary to maintain proper balance in all
groups.
Section 15. Dial
Service Requirements. Sufficient central office capacity and equipment shall be
provided to meet the following minimum requirements during the busy season:
(1) Dial tone within three (3) seconds on at
least ninety-five (95) percent of telephone calls.
(2) No more than five (5) percent of dialed,
local interoffice calls shall experience blockage due to an equipment or
all-trunk busy condition.
(3)
Sufficient toll connecting or interexchange trunks shall be provided by each
utility in its service area so that no more than three (3) percent of calls
offered to the telephone final trunk group will encounter an all-trunks busy
condition.
(4) Each utility shall
employ appropriate procedures to determine adequacy of central office equipment
and local interoffice and EAS trunks.
Section 16. Grounded Circuits. The utility
shall not construct any telephone lines less than a two (2) wire circuit or
equivalent.
Section 17.
Transmission Requirements. Telephone utilities shall furnish and maintain
adequate plant equipment and facilities to provide satisfactory transmission of
communications between customers in their service areas. Transmission shall be
at adequate volume levels and free of excessive distortion. Levels of noise and
crosstalk shall not impair communications.
Section 18. Minimum Transmission Objectives.
(1) Transmission objectives set forth in this
administrative regulation are based upon use of standard Federal Communications
Commission registered telephone sets connected to a minimum forty-eight (48)
volt dial central office and measured at a frequency of 1,000 cycles.
(2) Access lines shall have a loop resistance
not exceeding the operating design of associated central office
equipment.
(3) Telephone utilities
shall, as nearly as possible, design access line loops having a transmission
loss of no more than eight and five-tenths (8.5) decibels measured to the
network interface.
(4) Overall
transmission loss, including terminating equipment, on local interoffice trunks
shall be no more than seven (7) decibels.
(5) Whenever feasible, overall transmission
loss, including terminating equipment, on intertoll trunks and terminating
links shall be no more than five (5) decibels.
Section 19. Provisions for Testing. Each
telephone utility shall provide test facilities to determine the operating and
transmission capabilities of circuit and switching equipment.
Section 20. Selective Ringing. Each telephone
utility shall provide full selective ringing to all subscribers.
Section 21. Traffic Rules.
(1) Suitable practices shall be adopted by
each telephone utility that furnishes operator services concerning operating
methods to be employed by operators with the objective of providing efficient
and agreeable service to customers. The utility shall comply with provisions of
the Communications Act of 1934 in maintaining secrecy of
communications.
(2) When a utility
is notified by a customer that he has reached a wrong number on a call provided
by that utility, the customer shall be given credit on his bill when the claim
has been substantiated.
Section
22. Answering Time.
(1) Utilities
that furnish operator services shall provide adequate personnel for operator
assisted calls and operator number identification (ONI) to meet the service
objective so that the average speed of answering time shall not exceed eight
(8) seconds.
(2) The service
objective for calls to the utility's repair service shall be an average speed
of answering time no greater than twenty (20) seconds.
Section 23. Maintenance of Plant and
Equipment. Each telephone utility shall have a written preventative maintenance
program aimed at achieving efficient operation of its system to render safe,
adequate and continuous service at all times. The written program shall include
a plan depicting the types and frequency of preventive maintenance performed on
outside plant, central office equipment, vehicles and buildings. The utility
shall maintain records descriptive of its preventative maintenance program
indicating both accomplished and planned work, carried out on a routine
periodic basis.
Section 24.
Emergency Operations.
(1) Each telephone
utility shall have a written plan to meet service emergencies resulting from
failures of power service, sudden and prolonged increase in traffic, fire,
storm, or acts of God. Each telephone utility shall train employees in
procedure to be followed in an emergency.
(2) All central offices and toll centers
shall adequately provide for emergency power. Each central and/or toll office
shall have a minimum of four (4) hours of battery reserve. In exchanges
exceeding 5,000 lines and in toll offices, a permanent auxiliary power unit
shall be installed. In offices without installed emergency power facilities
there shall be a mobile power unit available of suitable capacity which can be
delivered and connected within two (2) hours, or one-half (1/2) the battery
reserve time, whichever is greater.
Section 25. Service Interruption.
(1) Each utility shall have arrangements to
receive customer trouble reports twenty-four (24) hours per day and to clear
trouble as quickly as possible during regular working hours, consistent with
the bona fide needs of the customer and personal safety of utility
personnel.
(2) Each telephone
utility shall maintain an accurate record of trouble reports made by its
customers. This record shall include appropriate customer identification;
service affected; time, date and nature of report; action taken to clear
trouble or satisfy complaint; and date and time of trouble clearance or other
disposition. This record shall be available to the commission or its authorized
representatives upon request, and shall be retained for at least one (1)
year.
(3) The service objective
shall be to clear eighty-five (85) percent of out-of-service troubles within
twenty-four (24) hours of the report received by the utility, unless the
customer specifically requests a later time.
(4) The service objective of the utility
shall be to maintain service so that the average rate of customer trouble
reports in an exchange is no greater than eight (8) per 100 access lines per
month.
(5) When a customer's access
line is reported to be out of order and remains out of order in excess of
twenty-four (24) consecutive hours, the utility shall refund to the customer
upon request the pro rata part of that month's charges for the period of days
during which the telephone was out of order. This refund may be accomplished by
a credit on a subsequent bill for telephone service.
Section 26. Construction Work near Utility
Facilities. Telephone utilities shall, when requested, furnish to contractors
appropriate information concerning location of underground conduit, cable, and
other equipment in order to prevent any interruption of service to telephone
customers. Nothing in this administrative regulation is intended to affect the
responsibility, liability or legal rights of any party under applicable laws or
statutes.
Section 27. Customer
Service. A customer may be required to take service of a different type or
insufficient quantity if the use of service interferes unreasonably with
necessary service of other customers.
Section
28. Deviations from Rules. In special cases for good cause shown
the commission may permit deviations from these rules.
STATUTORY AUTHORITY:
KRS
278.280(2)