04 NCAC 11 R13-05. UTILITIES COMMISSION

R13‑05  GENERAL REQUIREMENTS – SERVICE AND EQUIPMENT

(a)  The PSP is responsible for the installation, maintenance, and operation of PSP instruments and other terminal equipment.

(b)  The PSP is responsible for meeting all federal, state, and local requirements with respect to provision of customer-provided telephone equipment for use by hearing-impaired and handicapped persons.

(c)  The PSP may not contract with, or arrange for his PSP instruments to automatically access, any non-certified carrier for completion of intrastate calls.

(d)  The PSP may not contract with, or arrange for his PSP instruments to automatically access, any carrier to carry local intrastate calls originated from his PSP instruments unless that carrier has been certified by the Commission to complete and bill local calls.

(e)  All PSP instruments and all other terminal equipment must be connected to the telephone network in compliance with Part 68 of the FCC Rules and Regulations as well as the regulatory and certification requirements of the North Carolina Utilities Commission. PSP subscribers may, upon request, be required to provide the access line provider with the FCC registration number of each item of terminal equipment to be connected prior to its connection.

(f)  All PSP instruments and all other terminal equipment must be installed in compliance with the current National Electrical Code and National Electrical Safety Code.

(g)  All PSP instruments must be capable of completing local and long distance calls; provided, however, that sent-paid international calling capability may be blocked.

(h)  All PSP instruments must allow the end user to access the access line provider operator by dialing "0." All PSP instruments must allow completion of 0- local and 0- long distance calls billed to a commercial credit card, a calling card, a third number, or the called number (collect) at no charge to the end user.

(i)  All PSP instruments must allow completion of 0+ local and long distance calls billed to a commercial credit card, a calling card, a third number, or the called number (collect).

(j)  All PSP instruments must allow access to 911 Emergency Service, where available, at no charge to the end user.

(k)  All PSP instruments must provide access to local and long distance directory assistance.

(l)  All PSP instruments must allow receipt of incoming calls at no charge for an initial period of at least ten (10) minutes. After the initial period, PSPs may impose a charge for the continued use of the PSP Instrument in an amount equal to the charge for a local call.

(m)  All PSP instruments must allow access to all available interexchange carriers on a non-discriminatory basis.  In an equal access environment, this requires that the end user be allowed to access a chosen carrier by dialing 10xxx-0+, 101xxxx-0+, 10xxx-0-, 101xxxx-0-, toll free 1-8XX numbers, or 950-xxxx.  The requirement for 10xxx-0+ and 10xxx-0- access will remain in effect until September 1, 1998, or the dialing sequences are disallowed by the FCC, whichever is later.  Access through 10xxx-1+, 101xxxx-1+, 10xxx-011+, or 101xxxx-011+ is not required.

(n)  Coin-operated PSP instruments must be equipped to return the coins to the caller in the case of an incomplete call.

(o)  Coin-operated PSP instruments must be equipped to accept nickels, dimes, and quarters. The coin chute capacity of any PSP instrument must be sufficient to enable an end user to complete any sent-paid call using a single type of coin or any combination of nickels, dimes, and quarters.

(p)  The PSP shall at all times maintain a current and complete local telephone directory, including white and yellow pages, at each PSP instrument.

(q)  Notwithstanding any other rules in this chapter, a PSP may restrict incoming and/or outgoing calls at any specific PSP instrument in the interest of public safety and welfare under the following conditions:

(1)           Such restrictions have been requested in writing as to the specific PSP instrument from the chief local law enforcement officer acting within his apparent jurisdiction stating that the specific restrictions requested are needed in the interest of public safety and welfare. The PSP shall keep a copy of such requests from the chief local law enforcement officer on file for inspection and upon request by the Commission or the Public Staff shall provide copies of the requests for restrictions. The PSP shall retain copies of the requests for restrictions so long as the pay phones remain restricted.

(2)           A notice of the restrictions applicable to a PSP instrument must be posted at the instrument. The information must be printed sufficiently large and posted close enough to the telephone to be easily readable from the telephone.

(3)           Access to 911 emergency service may not be prevented.

(r)  With the exception of PSP instruments located in confinement facilities where the administration has specifically requested that keypad operation be blocked, the keypad of a PSP instrument must be kept open and capable of transmitting tones or dial pulses at all times.

(s)  All keypads of PSP instruments must be of standard twelve-key touchtone design. Each numerical key must be clearly and permanently labeled with both the numeral and its standard associated combination of upper case letters.

(t)  All PSP instruments must allow end users to access PSP refund and repair service at no charge.

(u)  Each PSP must ensure that all operator service providers that provide service at its payphones satisfy the following requirements for each and every non-access code operator-assisted call made from the PSP's payphones.  The operator service provider must:

(1)           Identify itself, audibly and distinctly, to the consumer (the party who will be billed for the telephone call) at the beginning of each call and before the consumer incurs any charge for the call;

(2)           Permit the consumer to terminate the telephone call at no charge before the call is connected;

(3)           Disclose immediately to the consumer, upon request and at no charge before the call is connected:

(i)            A quotation of its rates or charges for the call;

(ii)           The methods by which such rates or charges will be collected; and

(iii)          The methods by which complaints concerning such rates, charges, or collection practices will be resolved; and

(4)           Disclose, audibly and distinctly to the consumer, at no charge and before connecting any intrastate non-access code operator service call, how to obtain the total cost of the call, before providing further oral advice to the consumer on how to proceed to make the call.  The oral disclosure required in this subsection shall instruct consumers that they may obtain applicable rate and surcharge quotations either, at the option of the provider of operator services, by dialing no more than two digits or by remaining on the line.  The phrase ‘total cost of the call’ as used in this paragraph means both the variable (duration-based) charges for the call and the total per-call charges, exclusive of taxes, that the PSP or carrier, or its billing agent, may collect from the consumer for the call.

(NCUC Docket No. P‑100, Sub 84, 3/28/86; 11/17/87; 2/8/88; 2/11/88; 10/11/88; 6/14/89; 6/16/89; 8/31/89; 1/12/90; 3/29/90; 1/27/93; 6/9/93; 6/16/93; 12/8/94; 9/1/95; 7/2/96; NCUC Docket No. P-100, Sub 84a, 10/7/97; 05/28/98; NCUC Docket No. P-100, Sub 72b, 07/02/04.)