Plain Text Law

Title 20 — Subtitle 45. Service Supplied by Telephone Companies

Chapter 01. General

Regulation .01 Authorization of Regulations.Copy Citation

Public Utilities Article, §2-121, Annotated Code of Maryland, provides that the Commission shall have the power to make such reasonable regulations as it deems necessary to carry out the provisions of this law and any other law relating to the Commission.

Regulation .02 Application of Regulations.Copy Citation

A.
Application. These regulations apply to every telephone company operating within the State under the jurisdiction of the Public Service Commission.
B.
Purpose. These regulations are intended to establish reasonable service standards to the end that safe, adequate, and satisfactory service will be rendered to the public in the transmission of both local and intrastate long distance messages.
C.
Exemption. If unreasonable hardship to a utility or to a customer results from the application of any regulation of this subtitle, application may be made to the Commission for the modification of the regulation or for temporary or permanent exemption from its requirements.
D.
Modification. The adoption of these regulations does not preclude the Commission from altering or amending them, or from making these modifications with respect to their application as may be found necessary to meet exceptional conditions.
E.
Duties Under Other Statutes. These regulations do not relieve a utility from any of its duties under the laws of this State.

Regulation .03 Definitions.Copy Citation

A.
These definitions are intended to supplement tariff definitions which are adopted by reference in this subtitle. The following words and terms, when used in this subtitle, have the meaning indicated.
B.
Terms Defined.
(1)
“Administrator” means the entity managing the North American Numbering Plan.
(2)
“Acquiring utility” means a utility that acquires the customers and the associated service contracts of another utility that has discontinued service.
(3)
“Average busy season—busy hour traffic” means the average volume for the busy season, busy hours.
(4)
“Base rate area” means the developed portion or portions within each exchange service area as set forth in the telephone utility's tariffs, maps, or descriptions. Service within this area is furnished at uniform rates without mileage charges.
(5)
“Busy hour” means the two consecutive half-hours during which the greatest volume of traffic is handled in the central office.
(6)
“Busy hour drain” means the average amount of electric current used by a particular type of telephone equipment over a period of 1 hour at the time of maximum use. This is expressed as ampere hours per busy hour.
(7)
“Busy season” means the period composed of those months of highest load for the particular service being considered. The busy season shall ordinarily include 3 months, not necessarily consecutive. The beginning of the “month” may be other than the beginning of the calendar month, if good cause and consistency can be shown.
(8)
“Calls” means customers' telephone messages attempted.
(9)
“Carrier” means a transmission system which uses multiplexing, either time or frequency division, to facilitate the transmission of multiple channels of voice, data, or telegraph over a single facility.
(10)
“Central office” means a switching unit, in a telephone system which provides service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting subscriber lines and trunks or trunks only. There may be more than one central office in a building.
(11)
“Channel” means an electrical path or paths, for the transmission of communications between two or more points or between channel terminations in telephone company central offices. A channel may be furnished by wire, radio, or a combination of both.
(12)
“Class of service” means the various categories of service generally available to customers; i.e., business or residence.
(13)
“Commission” means the Public Service Commission of Maryland.
(14)
“CSR” means customer service record.
(15)
“Customer or subscriber” means any person, association, partnership, corporation, or governmental agency, provided with telephone service by a telephone utility.
(16)
“Customer trouble report” means any oral or written report delivered to an authorized representative of a telephone company by a subscriber or user of telephone service, relating to a difficulty or dissatisfaction with the operation of telephone facilities.
(17)
“Exchange” means a unit established by a telephone utility for the administration of communications service under specific Local Exchange Services Tariff provisions. It consists of one or more central offices with associated plant used in furnishing service.
(18)
“Exchange area” means the entire area within which are located the telephones which a customer may call at the rate and charges specified in the Local Exchange Services Tariff.
(19)
“Flat rate telephone service” means a monthly rate allowing unlimited local calling.
(20)
“Grade of service” means the type of service furnished a customer with respect to the number of main telephones which may be connected to a central office line (1-party, 2-party, 4-party, and multi-party).
(21)
“Intercept” consists of a line operator or a suitable recorded announcement or tone.
(22)
“Message” means a completed customer telephone call.
(23)
“Message unit” means a unit of measurement used for charging for measured message telephone exchange traffic within a specified area.
(24)
“Metering” means the metering of data concerning a customer's call which is used to prepare the customer's bill for service. The metering of call data may be made by operators, Automatic Message Accounting (AMA), Centralized Automatic Message Accounting (CAMA), Local Automatic Message Accounting (LAMA), Message Registers, or other acceptable data recorder methods.
(25)
“Mobile telephone service” means communication service by means of radiotelephone, between a wire telephone and a mobile radiotelephone or between two units of mobile telephone equipment. Mobile radiotelephone service may be either manual or dial.
(26)
“Outside plant” means the telephone equipment and facilities installed on, along, over, or under streets, alleys, highways, or on private rights-of-way between the central office and customer's locations or between central offices.
(27)
“Subscriber line” means the wires or channels used to connect the telephone equipment at the subscriber's premises with the central office. This includes the noncommon equipment in the central office which is associated with each line.
(28)
“Tariff” means the schedule of rates and charges for public utility service filed with the Commission by a telephone company as prescribed by the Public Utility Companies Article, Annotated Code of Maryland.
(29)
“Toll trunks” means a general classification of trunks carrying toll traffic. Toll trunks connect a local and a toll office. Intertoll trunks connect toll offices.
(30)
“Toll station” means a telephone connected to a toll line or directly to a toll board.
(31)
“Transmission loss” means the net decrease in electrical energy in a transmission facility. The loss is usually expressed in decibels at a single frequency and excludes any loss associated with measuring equipment, test pads, and similar devices.
(32)
“Underlying provider” means the utility providing an underlying telephone facility or resold service.
(33)
“Utility” means a “telephone company” as defined in Public Utilities Article, §1-101, Annotated Code of Maryland.

Chapter 02. Records and Reports

Regulation .01 Retention of Records.Copy Citation

All records required by these regulations shall be preserved for the longer of the period of time specified in 47 CFR 42, as amended, which is incorporated by reference, or 1 year, unless otherwise specified by the Commission.

Regulation .02 Data to be Filed with the Commission.Copy Citation

A.
Tariffs.
(1)
A utility shall have its tariff on file with the Commission in accordance with the regulations governing the filing of tariffs.
(2)
A utility shall post its tariff and pending tariff changes on its website.
(3)
After Commission acceptance of a tariff change, a utility shall update the tariff posted on its website not later than 3 business days after the date of acceptance.
B.
Annual and Quarterly Reports. Each utility shall file with the Commission appropriate quarterly and annual reports showing information concerning the utility's operation, financial position, and other miscellaneous information as required by these regulations.
C.
Fatal Accident Notice. In the event of a fatal accident, prompt notice shall be given to the Commission by telephone. A written report shall follow within 10 days of the accident.
D.
Quarterly Accident Report. Each utility shall file with the Commission a disabling injury accident report, on forms provided by the Commission, within 30 days after the end of any quarter.

Regulation .03 General Reporting Procedures.Copy Citation

A.
Reporting Schedules. The reports listed in the schedule below are to be filed in accordance with the indicated regulation and at the indicated time:
*Planning data, which is submitted on a yearly basis in April, August, and December, will be provided with the quarterly reports due in May, November, and February, respectively.
——————
B.
Reporting Format.
(1)
Reports shall be on a corporate basis only and a product of normal company measurement techniques. Each item to be reported will be listed on a separate line under the appropriate heading as shown above. Further categorization under these headings may be desirable for simplification reasons. Basically all data shall be shown as follows:
(a)
Planning Data. All data will be on a corporate area basis only.
(b)
Basic and Support Service Results Data.
(2)
When a failure to meet minimum standards is reported, a supplemental narrative statement shall be prepared briefly describing the cause and expected duration of the service problem and service improvement plans in effect. Each narrative statement will be numbered for reference to the basic report.

Chapter 03. Metering

Regulation .01 Meter Reading Records.Copy Citation

When meters are used in connection with telephone service, the meter reading records from which the customers' bills are prepared shall show:
A.
Identifying number or means to determine readily the customer's name and service classification;
B.
Meter readings;
C.
Date of meter reading.

Regulation .02 Meter Reading Interval.Copy Citation

As nearly as practicable, meters shall be read at monthly intervals.

Regulation .03 Billing Recording Equipment.Copy Citation

When mechanical or electronic means, or both, are used for recording information that will affect a customer's bill for local or toll service, or both, the equipment shall be inspected after installation and periodically tested in order to insure its proper functioning and accuracy. The utility shall keep records of malfunctions. The retention period for these records shall be 1 year.

Chapter 04. Customer Relations

Regulation .01 Customer Billing.Copy Citation

A.
Billing Information. Bills to customers shall be rendered at least monthly and shall contain a clear listing of all charges and credits. For purposes of clarity the customer's bill shall include the total amount due supported by the following data:
(1)
The charges, including applicable federal and local taxes for:
(a)
Local monthly services from the current to the next bill date;
(b)
Additional message units, if appropriate, for the month before the billing date;
(c)
Toll calls and telegrams, if appropriate, placed before the billing date;
(d)
Other charges and credits with appropriate explanation.
(2)
The amount of the balance due carried forward from the prior bill after application of payments received up to and including the billing date.
B.
Payment Date. All regular monthly customer bills shall state the date by which the customer shall pay the bill in order to avoid suspension notice or other utility collection procedures. All toll charges of the customer shall be itemized so as to facilitate their identification. Each utility shall comply with reasonable and feasible customer requests for itemized statements of charges.
C.
Wrong Number. A charge may not be made for a dialed wrong number if the utility is notified promptly, except for certain services, as specified in the utility's tariff.
D.
Overcharge—Undercharge Adjustment. When a customer has been overcharged or undercharged for services because of incorrect application of the rate schedule, inaccurate measuring of services rendered, incorrect calculation of charges or similar reasons, the amount of overcharge or undercharge adjustment shall be determined separately during the period of time the discrepancy occurred, in accordance with the following:
(1)
Overcharge Only. The total overcharge for the period the discrepancy occurred shall be refunded or credited to the customer.
(2)
Undercharge Only.
(a)
Unless authorized by the Commission, retroactive billing may not be for undercharges which occurred more than 12 months before the discovery of the error. A utility may seek the Commission's authorization for retroactive billing for undercharges which occurred more than 12 months but not more than 3 years before the discovery of the error if the customer knew, or reasonably should have known, that the bills were in error. The utility's request to the Commission shall be in writing and shall explain the factual basis for the request to the customer with a notice of the customer's right to write to the Commission, within 20 days, if the customer is in opposition to the request.
(b)
If the total undercharge is more than 35 percent of the customer's average monthly bill during the preceding 3 months, the customer shall be allowed to enter into an installment plan to pay the total retroactive billing, without interest. In such a plan the monthly payments against the undercharge may not exceed 35 percent of the customer's average monthly bill during the preceding 3 months. However, if the installment plan will not recover within a 12-month period the total undercharge, the monthly payment may be equal to the total undercharge divided by 12 or a number greater than 12.
(c)
Unless otherwise authorized by the Commission, the utility may deny service for nonpayment only for that portion of the undercharge applicable to the 4 months immediately before the discovery of the error.
(3)
Combination of Overcharge-Undercharge. When a customer's account has items of overcharge and undercharge, the difference of the two items is then determined as the net adjustment in accordance with §D(1) and (2), above.

Regulation .02 Business Office.Copy Citation

A.
The business offices shall be so located and staffed that customers and the public shall have convenient access to qualified personnel, including supervisory personnel where warranted, to answer questions relating to services and rates, accept and process applications for service, explain charges on customers' bills, adjust charges made in error, and, in general, represent the utility to the customer.
B.
When one business office serves several communities, toll-free calling to the business office from the communities shall be provided. By means of directory information or assistance, signs on company buildings and property, newspaper advertising, or other methods necessary, the utility shall keep its customers and the public advised as to means of contacting the business office.
C.
Business office services shall be available to the customers and the public during the normal hours of the normal work week, excluding holidays and at such other times as may be warranted by by circumstances.
D.
It shall be the responsibility of the utility to insure that qualified personnel, instructed to be courteous, considerate, and efficient, are available to promptly serve those who contact the business office.
E.
The utility shall inform the customer of any service connection charge to be applied to his bill and the monthly charge for the service ordered, with the exception of business customers not requiring this information, before undertaking any action to furnish the service ordered. To customers inquiring about new service, the utility shall provide any information and assistance necessary to obtain service conforming to the customer's needs.

Regulation .03 Public Information.Copy Citation

Each utility shall maintain and keep available for inspection by customers and applicants for service copies of all tariffs applicable to the area served by the business office, as provided by Regulation .02, of this chapter.

Regulation .04 Customer Deposits.Copy Citation

A deposit may not be required as a condition for establishment of service other than as provided in the Commission's regulations governing customer deposits (Subtitle 30) or in the regulations and tariffs on file with the Commission with regard to business and undergrounding services.

Regulation .05 Denial of Service Without Notice.Copy Citation

The utility may discontinue service without notice for any of the following reasons:
A.
Hazardous Condition. For a condition on the customer's premises determined by the utility to be hazardous.
B.
Adverse Effect on Service. Customer's use of equipment in such a manner as to adversely affect the utility's equipment or the utility's service to others.
C.
Tampering With Utility Property. Customer's tampering with equipment furnished and owned by the utility.
D.
Unauthorized Use of Service. Customer's unauthorized use of service by any method which causes hazardous signals over the utility's network.
E.
Illegal Use of Service. Customer's use of service or equipment in a manner to violate the law.

Regulation .06 Denial of Service Requiring Notice.Copy Citation

The utility may deny service for any of the following reasons provided it has notified the customer of its intent, in writing, to deny service and has allowed the customer a reasonable time of not less than 10 days, or as otherwise specified in these regulations, in which to remove the cause for denial:
A.
Non-compliance with Regulations. For violation of or non-compliance with regulations of this subtitle, or for violation of or non-compliance with the utility's tariffs on file with the Commission.
B.
Failure on Contractual Obligations. For failure of the customer to fulfill his contractual obligations for service or facilities subject to regulation by the Commission.
C.
Refusal of Access. For failure of the customer to permit the utility to have reasonable access to its equipment.
D.
Non-payment of Bill.
(1)
For non-payment of a bill for service, provided that the utility has made a reasonable attempt to effect collection and has given the customer written notice of its intent to deny service if settlement of his account is not made and provided the customer has at least 5 days, excluding Sundays and holidays in which to make settlement before his service is denied.
(2)
In cases of bankruptcy, receivership, abandonment of service, or abnormal toll usage not covered adequately by a security deposit, less than 5 days notice may be given if necessary to protect the utility's revenues.
(3)
Except in cases where a prior promise to pay has not been kept or bankruptcy, receivership, abandoned service, or abnormal toll usage is involved, the utility may not deny service on the day preceding any day on which it is not prepared to accept payment of the amount due and to reconnect service.
E.
Failure to Comply with Service Conditions. For failure of the customer to furnish the service equipment, permits, certificates, or rights-of-way, specified by the utility as a condition to obtaining service, or if the equipment or permissions are withdrawn or terminated.
F.
Failure to Comply with Municipal Ordinances. For failure to comply with municipal ordinances or other laws pertaining to telephone service.
G.
Failure to Pay Increased Deposit Required. For failure of the customer to pay an increased security deposit when warranted by the utility to protect its revenue in accordance with Regulation .04 of this regulation.
H.
Obligations as to Co-occupants.
(1)
Definitions. In this section, the following terms have the meanings indicated:
(a)
“Co-occupant” means two or more adults who occupy the same dwelling unit as their primary domicile or legal residence within the State.
(b)
“Satisfactory payment arrangement” means an agreement in writing signed by the customer, applicant, or co-occupant to keep the existing account current and pay the outstanding bill on the following terms:
(i)
For outstanding bills of $400 or less, payment of 1/4 of the outstanding bill before the new telephone service is established and payment of the outstanding balance in not more than three installments; or
(ii)
For outstanding bills in amounts over $400, payment of 1/3 of the outstanding bill before the new telephone service is established and payment of the outstanding balance in not more than three installments.
(c)
“Satisfactory payment arrangement” may include an agreement that access to toll telephone service may be restricted until the outstanding bill is paid in full.
(2)
Telephone service may be denied or terminated to a customer or applicant in a dwelling unit where there are co-occupants:
(a)
If service to that dwelling unit was previously maintained in a current co-occupant's name during a period of co-occupancy with the customer or applicant and the co-occupant has failed to pay or make a satisfactory payment arrangement for an outstanding bill or undisputed portion of a disputed bill for service at the dwelling unit during the period of co-occupancy, the collection of which is not barred under applicable State or federal law; or
(b)
If service at a prior dwelling unit of the customer or applicant was maintained in a current co-occupant's name and the co-occupant has failed to pay or make a satisfactory payment arrangement for an outstanding bill or undisputed portion of a disputed bill for service at the prior dwelling unit during the period of co-occupancy, and the collection of the bill is not barred under applicable State or federal law.
(3)
Failure to comply with the terms of the satisfactory payment arrangement may result in immediate termination.

Regulation .07 Insufficient Reasons for Denial of Service.Copy Citation

A.
The following may not constitute cause for refusal of service to a present or prospective customer:
(1)
Failure of a prior customer to pay for service at the premises to be served;
(2)
Failure to pay for a different class of service for a different entity;
(3)
Failure to pay the bill of another customer as guarantor of that bill;
(4)
Failure to pay directory advertising charges;
(5)
Failure to pay an undercharge as described in Regulation .01D(2) of this chapter; or
(6)
Failure to pay an outstanding bill that is over 7 years old, unless the:
(a)
Customer signed an agreement to pay the outstanding bill before the expiration of this period;
(b)
Outstanding bill is for service obtained by the customer by means of tampering with equipment furnished and owned by the utility or by unauthorized use of service by any method; or
(c)
Outstanding bill is for service obtained by the customer by means of an application made:
(i)
In a fictitious name;
(ii)
In the name of an individual who is not an occupant of the dwelling unit, without disclosure of the individual's actual address;
(iii)
In the name of a third party without disclosing that fact or without bona fide authority from the third party; or
(iv)
Without disclosure of a material fact or by misrepresentation of a material fact.
B.
This regulation applies to both residential and nonresidential classes of service.

Regulation .08 Trouble Reports.Copy Citation

A.
Each utility shall provide for the receipt of customer trouble reports at all hours.
B.
Trouble Reporting.
(1)
Arrangement shall be made to clear all trouble of an emergency nature at all hours, consistent with the bona fide needs of the customers and the personal safety of the utility personnel.
(2)
Arrangement shall be made to clear all out-of-service troubles, not requiring unusual repairs, within 8 hours of the report to the company (excluding clock hours between 5 p.m. and 9 a.m. weekdays and Saturdays, Sundays, and holidays).
(3)
Arrangements shall be made to clear all non-out-of-service troubles, not requiring unusual repairs, within 24 hours of the report to the company (excluding clock hours between 5 p.m. and 9 a.m. weekdays, and Saturdays, Sundays, and holidays).
(4)
If unusual repairs are required, or rehabilitation programs or other factors preclude clearing of reported troubles promptly, when practical, the customer shall be so notified and an estimated time given as to when the trouble will be cleared.
C.
Appointment Missed. The utility shall grant appointments to customers on reported troubles which are consistent with the objective intervals of clearance as specified in §B(1), (2), and (3), above. If appointments with the customer cannot be kept, the utility shall make every reasonable effort to notify the customer in timely fashion of the delay. The number of appointments the utility fails to meet may not be greater than 20 percent of the total commitments given per month within a district service center.
D.
Subsequent Trouble Reports. The utility shall make reasonable efforts to prevent subsequent reports through the proper and effective administration of §§B and C, above. To the extent possible, the utility shall grant appointments which are consistent with the needs of the customer. The rate of the subsequent reports may not be greater than 13 percent of the total reports per month registered within a district service center.
E.
Repeated Trouble Reports. It is incumbent upon the utility to make the necessary tests and inspections on reported troubles to prevent customers from again experiencing the same type trouble. These tests and inspections shall include all necessary and reasonable repairs and rehabilitation efforts which the utility feels are necessary to keep repeated reports at minimum levels. The rate of the repeated reports may not be greater than 25 percent of total trouble reports registered per month within a district service center.
F.
The utility shall keep such records of customer complaints and trouble reports as will enable it to review and analyze its procedures and actions as an aid in rendering improved service.

Regulation .09 Held Applications.Copy Citation

A.
When the telephone utilities may not be able to supply initial telephone service to an applicant within 5 days or provide special communications service in 14 days or upgrade existing customers within 30 days after the date the applicant desires service, the utility shall inform the applicant by telephone, personal contact, or in writing to the extent practical as to the following:
(1)
The reason for the delay;
(2)
A possible interim grade or type of service or number of lines that are available;
(3)
The steps being taken by the utility to make service available;
(4)
The probable date on which service will be provided.
B.
When a previously given probable date for service cannot be met by the utility, the applicant shall further be advised by telephone, personal contact, or in writing to the extent practical by the utility as to the information set forth in §A, above.
C.
When a utility is unable to supply telephone service as requested by an applicant, the utility shall have available information showing the serving Central Office, the name and address of each applicant for service, the date of application, the class of service applied for, and the reason for the inability to provide service. The information shall also include a statement of plans to provide service, including a probable date when it will be provided. Information shall be maintained regarding correspondence and telephone or personal contacts with the customer concerning the inability to meet the customer's request.
D.
When, because of a shortage of facilities, or for other reasons, a utility is unable to supply local exchange main telephone service on normally offered dates or later dates requested by or acceptable to the 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 request the establishment of a priority plan subject to its approval for clearing held orders, and may request periodic reports concerning the progress being made.

Regulation .10 Voluntary Suspension.Copy Citation

At the request of the customer, telephone service may be temporarily suspended without loss of number for a period of 1 month up to a maximum of 1 year. The customer's right to retain his number during a period of suspension is subject to the company's right to change numbers under circumstances which would have called for a number change while the service was active. A suspension of service rate shall be chargeable during this period and shall be lower than the rate for active service.

Regulation .11 Directory.Copy Citation

A.
Alphabetical directories shall generally be made available, listing the name, address, and telephone number of each customer, except public telephones and numbers unlisted at the customer's request.
B.
Upon request from the customer, the utility shall provide each customer, free of charge, a copy of the printed directory or directories covering his area.
C.
The name of the utility, the area included in the directory, and the month and year of issue shall appear on the cover.
D.
Information pertaining to emergency calls to such agencies as police and fire departments shall appear conspicuously in the opening pages of the directory.
E.
Instructions concerning the placing of local and long distance calls, repair service calls, and information on directory assistance calls shall appear conspicuously in the opening pages of the directory. Typical rates shall also be shown.
F.
The introductory pages of the directory shall include information with regard to billing procedure, anonymous and annoyance call procedure, emergency calling procedure for party lines, and a notice as to where the utility's tariffs are available for public inspection.
G.
The opening pages of the directory shall include a notice advising customers that, should they need any information that cannot be furnished by the utility, they may refer their questions to the Public Service Commission, with appropriate address and telephone number for the agency.
H.
“Directory assistance” or information operators shall be provided with records of all directory listings (except those not published) for their service areas and intercept operators shall be provided with complete intercept records for their areas of service.
I.
In the event of an error in a number published in the directory, the utility shall intercept all calls to the published number for the life of the directory provided that the number is not already in service. If the published number is in service, the party served by it shall be given appropriate transfer information and also the opportunity for a number change, in the event of which the published number shall be placed on intercept for 1 year or the life of the directory involved, whichever is longer.
J.
Within 48 hours (excluding Saturday, Sunday, and holidays) of a number change, directory assistance and information operator records shall be updated as required to reflect the changes. Whenever possible, intercept records should should reflect the change in advance of the actual number change.

Regulation .12 Intercept.Copy Citation

A.
Sufficient information shall be provided to the caller to indicate the reason for being intercepted as well as directions to assist the caller in making his call.
B.
When facilities permit, the utility shall provide, as a minimum, line intercept or the equivalent for 90 days or for the life of the directory, whichever is shorter, in each case of a customer initiated residence number change.
C.
When facilities permit, the utility shall provide, as a minimum, line intercept or the equivalent for 1 year, or for the life of the directory, whichever is shorter, in each case of customer initiated business number change.
D.
When facilities permit, the utility shall provide, as a minimum, line intercept or the equivalent for 1 year or the life of the directory, whichever is shorter, in each case of a company-initiated residence or business number change.
E.
The utility shall, when possible, provide line intercept or the equivalent for the life of the directory, in the event of an error in omission, to intercept the customer's number listed in the former directory.

Regulation .13 Discontinuance of Local Service.Copy Citation

A.
Notice to Commission Required.
(1)
If a utility providing local residential or business telephone service intends to discontinue, reduce, or impair its local residential or business telephone services to a customer, or is in jeopardy of discontinuing, reducing, or impairing local telephone service to a customer under §B of this regulation, the utility shall provide written notice to the Commission by first class mail not later than 30 days before the date on which service may be discontinued.
(2)
The utility shall also simultaneously give the written notice required by §A(1) of this regulation to the:
(a)
Affected utility customers;
(b)
Underlying provider of the utility; and
(c)
Administrator.
B.
Utility in Jeopardy of Discontinuing Local Telephone Service.
(1)
The Commission may find that a utility is in jeopardy of discontinuing local telephone service based on receipt of the notice required under Regulation .14 of this chapter.
(2)
A utility is deemed in jeopardy of discontinuing local telephone service if it:
(a)
Files a plan for reorganization in a court of jurisdiction in which the utility proposes:
(i)
The acquisition of its customers by another utility; or
(ii)
The liquidation of its assets;
(b)
Adopts a plan to discontinue telephone service; or
(c)
Notifies the Federal Communications Commission of an intent to discontinue, reduce, or impair telecommunication service in Maryland under 47 U.S.C. §214(a) and 47 CFR §63.71, as amended, which are incorporated by reference.
C.
Notice to Customer of Discontinuance, Reduction, or Impairment of Service.
(1)
No Acquiring Utility. If the customers of a utility subject to the requirements of §A of this regulation are not acquired by another utility, the utility's notice to the customer of discontinuing, reducing, or impairing service shall contain:
(a)
The date of service discontinuance, reduction, or impairment;
(b)
A telephone number for customer assistance from the utility;
(c)
A statement that the customer is required to select a new local service provider before the date of service termination; and
(d)
A description of the process for a customer to choose another utility.
(2)
Acquiring Utility. If the customers of a utility are acquired by another utility, the utility's notice to the customer required under §A of this regulation shall contain:
(a)
The name of the acquiring utility;
(b)
The date the acquiring utility will provide service;
(c)
The rates, terms, and conditions of service to be provided by the acquiring utility and a description of the means by which the acquiring utility shall notify the customer of any change to rates, terms, and conditions;
(d)
A statement that the acquiring utility shall be solely responsible for any charges associated with the migration of the customer to the acquiring utility's network;
(e)
A statement explaining that the customer may choose a utility other than the acquiring utility;
(f)
A description of the process to choose another utility; and
(g)
A telephone number for customer assistance from the utility and the acquiring utility.
D.
Acquired Customer's Rights.
(1)
For a period of 90 days after acquisition, an acquiring utility may not impose a penalty on an acquired customer for choosing a utility other than the acquiring utility.
(2)
Number Porting Required. If an acquired customer chooses a utility other than the acquiring utility, the acquiring utility shall port the telephone number of the customer to the customer's utility of choice within 48 hours of the receipt of a valid local service request.
E.
Content of Notice to Underlying Provider.
(1)
The notice from the utility to the underlying provider required in §A of this regulation shall be delivered to the underlying provider's designated representative for regulatory affairs and designated representative for wholesale accounts.
(2)
The utility notice under §E(1) of this regulation shall contain:
(a)
The date of service termination;
(b)
The name of the utility acquiring the affected customers, if applicable;
(c)
The date service will be provided by the acquiring utility, if applicable; and
(d)
The contact information for the account representative of the acquiring utility.
F.
Content of Notice to Administrator. The notice from the utility to the Administrator, required by §A of this regulation, shall contain:
(1)
The date of service termination;
(2)
An authorization to release all assigned telephone numbers to other utilities; and
(3)
The release of all unassigned telephone numbers to the Administrator.
G.
Content of Notice to Commission.
(1)
The notice from the utility to the Commission required under §A of this regulation shall include copies of the notices delivered to:
(a)
An affected customer;
(b)
An underlying provider, if applicable; and
(c)
The Administrator.
(2)
The utility notice under §G(1) of this regulation shall contain:
(a)
The date of service termination;
(b)
The telephone number for the exiting utility's regulatory representative;
(c)
The name of the acquiring utility and the date by which the acquiring utility will provide service, if applicable;
(d)
The number of affected customers;
(e)
The location of the affected customers;
(f)
A description of the services provided to the affected customers;
(g)
A copy of the notice filed with the Federal Communications Commission under 47 U.S.C. §214(a) and 47 CFR §63.71, as amended, which are incorporated by reference;
(h)
The identity of the underlying provider and the nature of the facilities and services used by the utility, if applicable; and
(i)
A description of how the facilities provided by the underlying provider are used in provision of service to the utility, if applicable.
H.
Access to Customer Service Records.
(1)
If a utility is in jeopardy of discontinuing, reducing, or impairing local telephone service under §B of this regulation, the utility shall ensure that alternative utilities may obtain:
(a)
Access to its customer list;
(b)
The CSRs associated with the affected accounts; and
(c)
Any network records necessary for the continued provision of service.
(2)
If a third party administers the CSRs for the utility, the utility shall direct the third party to allow access to the CSRs of its customers by an alternative utility.
(3)
If a utility discontinues telephone service before complying with the provisions of §H(1) of this regulation, the utility is deemed to have authorized access to the CSRs by the third party.

Regulation .14 Underlying Provider Notice of Utility Payment Failure.Copy Citation

A.
Required Notice.
(1)
If a utility fails to pay an undisputed bill of an underlying provider within 30 days of the due date, the underlying provider shall notify the Commission in writing and provide a copy of the notice to the utility.
(2)
The underlying provider's notice required under §A(1) of this regulation shall contain:
(a)
The name, address, and telephone number of the utility failing to make payment and contact information for the failing utility's account representative;
(b)
The nature of the service or facility of the underlying provider;
(c)
The location of the service or facility; and
(d)
The number of days that payment is past due.
B.
Commission Action. If the Commission receives the notice required under §A of this regulation, the Commission may:
(1)
Find that the utility is in jeopardy of discontinuing service; or
(2)
Require the utility to provide periodic reports to demonstrate that it is financially capable of continuing to provide service without interruption.

Regulation .15 Telephone Utility Filing for Bankruptcy Protection — Notice to Commission.Copy Citation

A.
Required Notice. If a utility or an affiliate, holding company, or parent company of the utility files a plan for reorganization or liquidation of its assets in a court of competent jurisdiction, the utility shall provide written notice of the filing to the Commission.
B.
Commission Action. On receipt of the notice under §A of this regulation or a finding under Regulation .13 of this chapter, the Commission may require the utility to provide periodic reports to demonstrate that it is financially capable of continuing to provide service without interruption.

Chapter 05. Service Standards

Regulation .01 General Provisions.Copy Citation

Each utility shall provide telephone service to the public in its service area in accordance with its tariffs on file with the Commission. The quality of the service shall meet or exceed the standards set forth in these regulations. When a utility fails to meet any of the standard service levels listed below in an exchange or reporting entity in any month, the service data for the standard not met in that exchange shall be reported to the Commission:
A.
Each utility shall provide operator-assisted service for all exchanges at all hours.
B.
In each exchange area, the utility shall provide at least one coin telephone available to the public at all hours. This coin telephone shall be prominently located and shall be properly maintained, equipped with dialing instructions and a directory, and lighted at night. The utility shall also establish other public telephone service at locations where the public convenience will be served.
C.
Each utility shall provide equipment and facilities designed and engineered in accordance with realistic forecasts of subscriber demand and shall maintain a stock of associated equipment adequate to meet the demand.

Regulation .02 Installation of Service.Copy Citation

A.
Eighty-five percent of regular service orders installation shall normally be completed within 5 working days. The intervals commence with the receipt of application unless a later date is requested by the applicant.
B.
Installation of local exchange regrade service shall normally be completed not later than 30 days after the customer has made application for a different class of service, except when the customer requests or accepts a later date. In the event of the utility's inability to so complete the order, the customer shall be advised as under COMAR 20.45.04.09A.
C.
Appointment Met. If the utility establishes an appointment for the installation of service with the customer, the rate of appointments met may not be less than 88 percent of the total utility established appointments for single-line exchange service and 82 percent of the total utility established appointments for multi-line local exchange service per month within an entity.

Regulation .03 Customer Contact Objectives.Copy Citation

A.
Each utility shall establish practices for operators and representatives with the objective of providing efficient and pleasing service to the customers. Operators and representatives shall be instructed so as to be courteous, considerate, and efficient in handling all matters and to comply with the provisions of the Communications Act of 1934, as amended, in maintaining the secrecy of communications.
B.
The Company shall maintain adequate personnel and equipment to assure that operator answering performance is provided as follows based upon a sampling of calls over a 1-month period for those offices sufficient in size to provide a statistically reliable service measurement sample:
C.
An “answer” means that the operator or representative of the utility is ready to render assistance or ready to accept the information necessary to process the call, or both. An acknowledgement that the customer is waiting on the line may not suffice to constitute an “answer”.
D.
Answering time studies shall be made, utilizing recognized sampling techniques, and a monthly summarization prepared with respect to each operator office or large team complex for their various classes of calls.
E.
Answering time recorders shall be installed or adequate service observing measurement shall be established in all toll centers and higher rank offices.

Regulation .04 Dial Service Requirements.Copy Citation

A.
The utility shall have facilities which will allow 98.5 percent of all calls placed to receive a dial tone within 3 seconds.
B.
As a minimum acceptable level of performance, 95 payment of attempts during the average busy season busy hour shall receive a dial tone within 3 seconds.
C.
The busy season shall be the period composed of those months of highest load for the particular service being considered. The busy season shall ordinarily include 3 months, not necessarily consecutive. The beginning of the “month” may be other than the beginning of the calendar month, if good cause and consistency can be shown.
D.
The busy hour shall be the 2 consecutive half-hours during which the greatest volume of traffic is handled in the central office. Different days of the week may have different busy hours, but the hour selected for any day shall be used on that day of the week for the entire busy season.
E.
Reasonable Call Completion Rate.
(1)
Reasonable call completion rates to establish “minimum acceptable levels of service”, based on observed results of properly dialed calls in all offices sufficient in size to provide a statistically reliable service measurement sample, shall be:
(a)
Local calls by customers—94 percent completions;
(b)
DDD calls by customers—(outgoing trunks) 94 percent completions;
(c)
DDD calls by customers—(incoming trunks) 96 percent completions.
(2)
For purposes of computing the completion rates suggested, properly dialed completed calls shall include:
(a)
Reaching the number that was dialed;
(b)
Reaching a busy condition at the dialed number;
(c)
Reaching a “ring, no answer” at the dialed number;
(d)
Terminating the call before it has routed to the dialed number;
(e)
Reaching intercept correctly.
F.
Outgoing toll trunks (dial 0, 0+, and 1+), toll completing trunking, and final route inter-toll trunking shall be designed so that not more than 1 percent of the attempts to connect to a toll trunk in the busy season, busy hour will encounter an all-trunks busy condition.
G.
As a minimum acceptable level of performance, incoming matching loss may not exceed 5 percent in the average busy season, busy hour.
H.
Recognized engineering practices shall be utilized to determine equipment provisions required to meet the objectives mentioned in this regulation.

Regulation .05 Termination of Attempts.Copy Citation

Every originated call shall result in one of the following:
A.
The call shall progress to the number dialed, the calling customer shall receive an indication of ringing, and the called telephone shall ring;
B.
The call shall progress to the number dialed and, if busy, the calling customer shall receive a busy signal;
C.
The call shall progress only part of the way through the switch train and, having reached an overflow condition, shall receive an appropriate overflow signal, which can be readily differentiated from a subscriber busy signal;
D.
A call to vacant code level, code, or subscriber number shall receive an adequate and appropriate intercept where facilities permit.

Regulation .06 Transmission Requirements.Copy Citation

Telephone utilities shall furnish and maintain adequate plant, equipment, and facilities to provide satisfactory transmission of communications between customers in their service area. Transmission shall be at adequate volume levels and free of excessive distortion. Levels of noise and cross-talk shall be such as not to impair communications. It is recognized that, due to extreme environmental conditions and economic factors, it is normal to have a small percentage of items that exceed objective levels. If the loss exceeds the stated objectives by more than 4 db, or the noise exceeds the stated objectives by more than 10 db, these cases of excess loss or noise shall be considered as troubles requiring correction.

Regulation .07 Minimum Transmission Objectives.Copy Citation

A.
Reference Conditions. The transmission objectives set forth in these regulations are based upon the use of standard telephone sets connected to a 48-volt dial central office and measured at a frequency of 1000 hertz. This does not preclude future designs based on new instruments or voltages other than 48 volts, provided that equivalent or better transmission is obtained.
B.
Loop Resistance. A subscriber line shall have a loop resistance not exceeding the operating design of the associated central office equipment. Amplifiers and long line adaptors may be used to extend the central office equipment design limits; however, the objectives of these regulations shall be met.
C.
Permissible Loss on Subscriber Loops. The maximum transmission loss objective of any one subscriber loop shall be 11 db. Subscribers' loops with losses in excess of 15 dB shall be considered as trouble requiring correction. The maximum transmission loss objective between any two subscribers on separate lines in the same central office shall be 22 db.
D.
Permissible Loss on Local Interoffice Trunks. The maximum overall transmission loss objective, including the loss in terminating equipment on local interoffice trunks, shall be 7 db. Local interoffice trunks with losses in excess of 11 db shall be considered as troubles requiring correction.
E.
Permissible Loss on Toll Trunks. The maximum overall transmission loss objective, including the loss in terminating equipment for toll connecting trunks, shall be 4 db. Toll connecting trunks with losses in excess of 8 db shall be considered as troubles requiring correction. The maximum loss in intertoll trunks shall be consistent with the requirements of a nationwide switching plan.
F.
Permissible Noise on Subscribers' Lines. Subscribers' lines with noise in excess of 40 db above reference level shall require correction. “Reference level” is defined as 90 db (referred to as one milliwatt).

Regulation .08 Measurement.Copy Citation

A.
Measuring devices, methods and practices, recognized generally by the communications industry as being adequate for the purposes used, shall be utilized to obtain directly or to allow calculation of results with respect to the service objectives stated in these regulations.
B.
When equipment arrangements permit, each utility shall have an objective of attaining at least 300 local dial service measurements per month on all originating entities serving more than 10,000 main, equivalent, and centrex C.O. stations, and on all originating entities serving more than 5,000 main, equivalent, and centrex C.O. main stations that are a part of a local dial network of 15,000 main stations.
C.
Each utility shall provide, maintain, and operate a dial tone speed measuring device for all originating entities serving more than 3,000 main, equivalent, and centrex C.O. main stations.
D.
Each utility shall provide, maintain, and operate load or servicing indicating devices on originating equipment for all entities not equipped with a dial tone speed measuring device.
E.
Each utility shall measure the answering time at all customer contact locations (repair service, business offices, toll operator office, and so forth) that receive more than 200 contacts per average business day.
F.
A performance record for each Central Office or other appropriate entity shall be established and kept current and shall show applicable service results hourly, daily, monthly, or otherwise as appropriate.

Regulation .09 Interruption of Service.Copy Citation

A.
Each utility shall take appropriate measures to assure that service interruptions shall be kept to a minimum.
B.
Each utility shall make provisions to meet emergencies resulting from failure of power, sudden and prolonged increases in traffic, absences of employees, or from fire, storm, or similar contingencies. The utility shall inform its employees as to procedures to be followed in the event of these contingencies in order to prevent or mitigate interruption or impairment of service.
C.
Each central office equipped with an emergency generator shall contain, as a minimum, 4 hours of battery reserve based on the busy hour load. Offices not so equipped shall contain, as a minimum, 8 hours of battery reserve based on the busy hour load and shall have access to a portable generator capable of providing power in the event of power failure.
D.
Outside facilities shall be so constructed as to be minimally susceptible to interruptions due to weather conditions.
E.
If service must be interrupted for the purpose of working on the lines or equipment, reasonable effort shall be made to perform the work at a time which shall cause minimal inconvenience to subscribers. When the interruption will be of a significant duration, the affected customers shall be notified and emergency services shall be available, as required, for the duration of the interruption.
F.
Each telephone utility shall inform the Commission, as soon as possible, of any occurrence of an unusual nature which apparently may result in prolonged and serious interruption of service to a large number of customers.
G.
Each utility shall keep records of interruptions of service and shall make an analysis of the records for the purpose of determining steps to be taken to prevent recurrence of the interruptions. These records should include the following information concerning the interruptions:
(1)
Cause;
(2)
Date and time; and
(3)
Duration.
H.
The records for each unattended central office shall show interruptions which required attention to restore service, with the estimated time of interruption.
I.
Repair service shall be available daily, including Sunday, to all customers in the case of a service interruption to any main station telephone, consistent with the personal safety of utility personnel.
J.
Service shall be maintained in such a manner as is required to assure that the rate of customer trouble reports in a district service center is no greater than 8.0 per 100 stations per month.
K.
Allowance for Interruptions. If the service is interrupted, appropriate action shall be taken to the extent possible to restore service within 24 hours following notification by the customer. Appropriate adjustment or refunds shall be made for a telephone out of service longer than 24 hours, per utility's tariff.

Regulation .10 Maintenance, Inspection, and Tests.Copy Citation

A.
Each utility shall adopt a program of periodic tests, inspections, and other preventive maintenance activity to provide safe, adequate, and reliable service.
B.
Each utility shall maintain or have access to test facilities enabling it to determine the operating and transmission capabilities of all equipment and facilities, both for routine maintenance and for fault location.
C.
Each utility shall maintain or have access to the necessary facilities, instruments, and equipment for testing its metering and recording equipment and shall adopt appropriate practices for the periodic testing of its operation.
D.
Each utility shall test any usage recording devices upon written request of any customer, based upon reasonable grounds and provided the test is not requested more frequently than once each 12 months without clear cause.

Regulation .11 RepealedCopy Citation

Regulation .12 Repealed.Copy Citation

Regulation .13 Protection of Utility's Facilities.Copy Citation

The utilities shall, when requested, furnish appropriate information concerning location of underground facilities, in order to prevent any interruption of service to telephone customers. Nothing in this regulation is intended to affect the responsibility, liability, or legal rights of any party under applicable laws or statutes.

Chapter 06. Pay Phone Service

Regulation .01 Scope.Copy Citation

A.
Except as provided under §B of this regulation, this chapter applies to a person operating a pay phone.
B.
The provisions of Regulations .03—.07 of this chapter do not apply to a person operating a pay phone in a State, local, or federal correctional facility.

Regulation .02 Registration.Copy Citation

A.
Registration. Prior to providing pay phone service, a person shall complete and file a pay phone service provider registration form provided by the Commission.
B.
Annual Registration Report.
(1)
A pay phone service provider shall file an annual registration report with the Commission by April 1 of each year.
(2)
The annual registration report shall be on a form provided by the Commission and include the:
(a)
Name of the pay phone service provider;
(b)
Location address of each active pay phone owned or operated by the pay phone service provider;
(c)
Telephone number of each active pay phone owned or operated by the pay phone service provider; and
(d)
Local exchange carrier for each active pay phone owned or operated by the pay phone service provider.
C.
Proprietary Information. A pay phone service provider may request that documents filed under §§A and B of this regulation be designated as proprietary.
D.
Annual Assessment. A pay phone service provider shall pay the annual assessment required by Public Utilities Article, §2-110, Annotated Code of Maryland.

Regulation .03 Pay Phone Service Requirements.Copy Citation

A.
Local Calls.
(1)
After an initial 10 minutes of pay phone use for a local call, a pay phone service provider may impose an additional per-minute charge for the use of the pay phone.
(2)
The pay phone service provider shall post the initial charge and any additional per-minute charges as required under Regulation .04 of this chapter.
(3)
If an additional per-minute charge is associated with a pay phone, the pay phone service provider shall ensure that the pay phone has:
(a)
A verbal warning to a user that the initial paid call period is ending; and
(b)
Instructions on how to continue the call.
B.
Incoming Calls. Except as provided in §C of this regulation, all pay phones shall receive incoming calls without charge.
C.
Blocking Incoming Calls. If approved by the Commission, a pay phone service provider may block incoming calls to a pay phone.

Regulation .04 Posting and Informational Requirements.Copy Citation

A.
Posting Required. A pay phone service provider shall prominently and conspicuously post on or near each pay phone notification of:
(1)
The proper dialing sequence to complete a call;
(2)
The local coin rate or a procedure to obtain free rate information for an exclusively card-operated or coinless pay phone;
(3)
The name and address of the pay phone service provider and the operator service provider;
(4)
The pay phone service provider's and the operator service provider's toll free number or an equivalent free local or speed-dial number for maintenance and refunds;
(5)
A toll free number for the current long distance carrier;
(6)
A statement that the Commission has authority over the pay phone service provider, the long distance carrier, and the operator service provider;
(7)
The Commission's toll free number; and
(8)
If approved by the Commission under Regulation .03C of this chapter, a statement that incoming calls are blocked.
B.
Directory Assistance Charges. A pay phone service provider shall:
(1)
Post a notice or verbally inform a pay phone user of a charge for directory assistance; or
(2)
Post notification of the procedure to obtain free rate information for calls to directory assistance.

Regulation .05 Attestation to Local Exchange Company.Copy Citation

A pay phone service provider shall provide to a local exchange company providing dial tone to the pay phone service provider's pay phone a one-time written attestation that the pay phone service provider has or will obtain the appropriate certification, permit, or authorization from the responsible government entity, property owner, or lessee for placement of a pay phone in Maryland.

Regulation .06 Directory Assistance Charges and Charge-Free Calls.Copy Citation

A.
Directory Assistance. A pay phone service provider may charge a user for a directory assistance call.
B.
Charge-Free Calling. A pay phone service provider shall permit a user of its pay phone to reach any of the following without payment:
(1)
A toll free number;
(2)
The Universal Emergency Number 911 Services by dialing "9-1-1";
(3)
The telecommunications relay service; and
(4)
A local operator by dialing “Zero-Minus” (0-).

Regulation .07 Equipment Requirements.Copy Citation

A.
Telephone Directories. A pay phone service provider shall provide both white page and yellow page telephone directories on an annual basis for:
(1)
All indoor pay phone locations; and
(2)
Outdoor pay phone locations when requested by the site owner.
B.
Height and Hearing Requirements. A pay phone service provider shall comply with Maryland and federal height and hearing aid compatibility regulations when installing a pay phone.
C.
Access to Interexchange Carriers. A pay phone service provider shall ensure that its pay phone:
(1)
Permits access to all interexchange carriers; and
(2)
Allows completion of local and long distance calls in Maryland.
D.
Coin Capability.
(1)
Except as provided under §D(2) of this regulation, a pay phone service provider shall ensure that its pay phone is capable of:
(a)
Accepting nickels, dimes, and quarters; and
(b)
Handling sent-paid long distance other than sent-paid person-to-person calls, unless the pay phone is connected to a network-controlled coin line.
(2)
A coinless pay phone that is exclusively card operated is not required to accept coin payment.
E.
Coin Return. A pay phone service provider shall ensure that a coin-operated pay phone returns a deposited coin if a called telephone number is busy or not answered.
F.
Amplified Handset. A pay phone service provider shall install:
(1)
An amplified handset on a pay phone that replaces a phone with an amplified handset; or
(2)
One pay phone with an amplified handset for every four pay phones in a single phone bank.

Regulation .08 Penalties.Copy Citation

Failure to comply with the provisions of this chapter may result in the imposition of a civil penalty or other sanctions under Public Utilities Article, Annotated Code of Maryland, including the disconnection of the pay phone service and the revocation of a pay phone service provider's registration.

Chapter 07. Provision of Facilities

Regulation .01 Planning Policy.Copy Citation

In planning telephone service, it shall be the responsibility of each utility to provide the type and quantities of facilities that will meet the expected communications service demands of the public in the most economical manner possible that is consistent with current and long range service standards and modernization objectives.

Regulation .02 Plant Modification.Copy Citation

In planning the modernization of a plant, the objective shall be to systematically replace and augment the older plant as rapidly as practical consistent with sound management judgment in meeting current customer service requirements and objectives.

Chapter 08. Safety

Regulation .01 Protective Measures.Copy Citation

A.
Exercise Reasonable Care. Each utility shall exercise reasonable care to minimize the hazards to which its employees, its customers, and the general public may be subjected.
B.
Investigation by Commission. The utility shall give reasonable assistance to the Commission in the investigation of the cause of accidents and in the determination of suitable means of preventing accidents.
C.
Record of Accidents. Each utility shall maintain a summary of all reportable accidents arising from its operations.

Regulation .02 Safety Program.Copy Citation

A.
Adopt Safety Program. Each utility shall adopt and execute a safety program, fitted to the size and type of its operations, including the requirements of the Occupational Safety and Health Act of 1970.
B.
Use Suitable Tools and Equipment. Each utility should require its employees to use suitable tools and equipment in order that they may perform their work in a safe manner.
C.
Promote Safe Work Methods. Each utility should instruct its employees in safe methods of performing their work.
D.
Instruct in Artificial Respiration. Each utility should instruct its employees, who, in the course of their work, are subject to the hazards of electrical shock or drowning, in accepted methods of artificial respiration.

Regulation .03 Grounding — Standard Codes.Copy Citation

Each utility shall use the applicable provisions in the National Electrical Code and in the National Electrical Safety Code, which have been incorporated by reference in COMAR 20.50.02.02, for the grounding of circuits and equipment.

Chapter 09. Intrastate Switched Access and Pay Phone Dial Around Surcharge Rates

Regulation .01 Scope.Copy Citation

This chapter applies to a local exchange or interexchange telephone company operating within Maryland.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Dial around” means a method used by a pay phone user to purposely bypass a pay phone company's local exchange or interexchange telephone company services.
(2)
“Effective rate per switched access minute of use” means a rate that results from dividing the total revenue billed over a specific period of time for all rate elements contained in the intrastate switched access tariff of a facilities-based carrier by the total switched access minutes of use recorded by that carrier for the same time period.
(3)
“Facilities-based carrier” means a local exchange telephone company owning or leasing facilities that consists of switching and transmission equipment used to carry voice or data traffic within Maryland.
(4)
“Intrastate” means services, traffic, or facilities that originate and terminate within Maryland.
(5)
Local Exchange Telephone Company.
(a)
“Local exchange telephone company” means a public service company that:
(i)
Owns telephone lines to receive, transmit, or communicate voice or data traffic within Maryland; or
(ii)
Leases, licenses, or sells telephone lines to receive, transmit, or communicate voice or data traffic within Maryland.
(b)
“Local exchange telephone company” does not include a public service company that provides service only between telephone exchange areas.
(6)
“Interexchange telephone company” means a public service company that receives, transmits, or communicates voice or data traffic between telephone exchange areas within Maryland.
(7)
“Switched access service” means the service provided by a local exchange telephone company to an interexchange telephone company to originate and terminate in-State long distance calls.

Regulation .03 Intrastate Switch Access Rates.Copy Citation

A.
The provisions of this regulation are subject to the requirements of federal law.
B.
A local exchange company’s intrastate originating switched access rates may not exceed its interstate originating access rates, as authorized by the Federal Communications Commission. In mirroring its interstate originating access rates, a local exchange company shall:
(1)
Eliminate or zero-rate any intrastate rate element that does not exist in the interstate jurisdiction;
(2)
Decrease any intrastate rate element that is higher than its corresponding interstate rate element to equal the interstate rate; and
(3)
Increase any intrastate rate element that is lower than its corresponding interstate rate element to equal the interstate rate.
C.
Notwithstanding §B of this regulation, a local exchange company’s intrastate per-query rate for use of an 8YY database may not exceed the rate of the incumbent local exchange telephone company having the largest number of access lines in Maryland.

Regulation .04 Pay Phone Dial Around Surcharge Rates.Copy Citation

The per-call rate at which an interexchange telephone company subject to this chapter may offer pay phone dial around services to its customers is capped at 50 cents.

Regulation .05 Waivers.Copy Citation

A.
A local exchange or interexchange telephone company subject to this chapter may request a waiver of the provisions of this chapter by filing an application with the Commission under COMAR 20.07.04, including supporting cost data.
B.
The Commission may waive the provisions of this chapter, if it finds the rate proposed in the application filed under §A of this regulation is just and reasonable.

Regulation .06 Fee Waiver.Copy Citation

The Commission shall waive the filing fee assessed under COMAR 20.07.05.03A(14) for local exchange or interexchange telephone companies filing revised rates under Regulation .04 or .05 of this chapter.

Regulation .07 Penalty for Failure to Comply.Copy Citation

Failure to comply with the provisions of this chapter may result in the imposition of a civil penalty or other sanctions under Public Utilities Article, Annotated Code of Maryland.