HOUSE AMENDED
PRIOR PRINTER'S NOS. 1283, 2030, 2189, PRINTER'S NO. 2423
2248
No. 1091 Session of 1989
INTRODUCED BY BELL AND SHUMAKER, JUNE 19, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 30, 1990
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, REQUIRING THAT ALTERNATIVE OPERATOR <--
3 SERVICE PROVIDERS MAKE CERTAIN DISCLOSURES TO CUSTOMERS
4 BEFORE PROVIDING SERVICE; REGULATING CERTAIN RATES; further
5 providing for civil penalties for violations; PROVIDING <--
6 PROTECTION FOR PUBLIC UTILITY EMPLOYEES WHO REPORT A
7 VIOLATION OR SUSPECTED VIOLATION OF FEDERAL, STATE OR LOCAL
8 LAW; PROVIDING PROTECTION FOR SUCH EMPLOYEES WHO PARTICIPATE
9 IN INVESTIGATIONS, HEARINGS, INQUIRIES OR COURT ACTIONS; AND
10 PRESCRIBING REMEDIES AND PENALTIES.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 SECTION 1. TITLE 66 OF THE PENNSYLVANIA CONSOLIDATED <--
14 STATUTES IS AMENDED BY ADDING A SECTION TO READ:
15 § 2906. RATES AND DISCLOSURES OF ALTERNATIVE OPERATOR SERVICE
16 PROVIDERS.
17 (A) JURISDICTION.--THE COMMISSION SHALL HAVE JURISDICTION <--
18 OVER ALTERNATIVE OPERATOR SERVICE PROVIDERS AT LEAST TO THE
19 EXTENT AS SET FORTH IN SUBSECTIONS (B) THROUGH (G).
20 (A) (B) INTRALATA TOLL RATES.--THE RATE CHARGED BY AN <--
1 ALTERNATIVE OPERATOR SERVICE PROVIDER FOR AN INTRALATA TOLL CALL
2 SHALL NOT EXCEED THE RETAIL TARIFF TOLL RATE OF THE LOCAL
3 EXCHANGE CARRIER SERVING THE SAME CALL OR, IN THE CASE OF A COIN
4 TELEPHONE, THE CHARGE FOR USING THE TELEPHONE PLUS THE RETAIL
5 TARIFF TOLL RATE OF THE LOCAL EXCHANGE CARRIER SERVING THE COIN
6 TELEPHONE FOR THE SAME CALL.
7 (B) (C) INTERLATA TOLL RATES.--THE RATE CHARGED BY AN <--
8 ALTERNATIVE OPERATOR SERVICE PROVIDER FOR AN INTERLATA TOLL CALL
9 SHALL NOT EXCEED THE HIGHEST RETAIL TARIFF TOLL RATE OF ANY
10 CERTIFICATED INTERLATA TELEPHONE SERVICE PROVIDER IN THIS
11 COMMONWEALTH FOR THE SAME CALL OR, IN THE CASE OF A COIN
12 TELEPHONE, THE CHARGE FOR USING THE TELEPHONE PLUS THE HIGHEST
13 RETAIL TARIFF TOLL RATE OF ANY CERTIFICATED INTERLATA TELEPHONE
14 SERVICE PROVIDER IN THIS COMMONWEALTH FOR THE SAME CALL.
15 (C) (D) DISCLOSURES.--ANY ALTERNATIVE OPERATOR SERVICE <--
16 PROVIDER, AGGREGATOR OR OWNER, OPERATOR OR LESSEE OF A COIN
17 TELEPHONE OFFERING OR PROVIDING OPERATOR-ASSISTED SERVICES IN
18 THIS COMMONWEALTH SHALL, BEFORE PROVIDING THE SERVICE, DISCLOSE
19 TO THE CUSTOMER THE IDENTITY OF THE ALTERNATIVE OPERATOR SERVICE
20 PROVIDER HANDLING THE OPERATOR-ASSISTED CALL AND UPON REQUEST
21 PROVIDE THE RATES, TERMS AND CONDITIONS FOR OPERATOR-ASSISTED
22 CALLS. THESE DISCLOSURES SHALL BE MADE ORALLY PRIOR TO THE <--
23 COMPLETION OF THE CALL, PERMITTING THE CALL TO BE TERMINATED AT
24 NO CHARGE, AND BY WRITTEN NOTICE DISPLAYED ON, OR IN THE
25 IMMEDIATE VICINITY OF, THE TELEPHONE EQUIPMENT OWNED OR
26 CONTROLLED BY THE AGGREGATOR, OR BY THE ALTERNATIVE OPERATOR
27 SERVICE PROVIDER IF THE ALTERNATIVE OPERATOR SERVICE PROVIDER
28 OWNS OR PROVIDES THE TELEPHONE, OR ON, OR IN THE IMMEDIATE
29 VICINITY OF THE COIN TELEPHONE.
30 (D) (E) EQUAL ACCESS.--THE ALTERNATIVE OPERATOR SERVICE <--
19890S1091B2423 - 2 -
1 PROVIDER, AGGREGATOR OR OWNER, OPERATOR OR LESSEE OF A COIN
2 TELEPHONE SHALL OFFER TO SWITCH A CUSTOMER BACK TO THE <--
3 ORIGINATING LOCAL EXCHANGE, UPON REQUEST AND WITHOUT CHARGE, <--
4 TRANSFER A CUSTOMER TO ANY OTHER CARRIER OFFERING OPERATOR-
5 ASSISTED SERVICES AND INFORM THE CUSTOMER THAT THE SWITCH WILL <--
6 BE MADE WITHOUT CHARGE. IN THE RELEVANT GEOGRAPHIC AREA SO THAT <--
7 THE TRANSFER IS ACCOMPLISHED AT AND BILLED FROM THE POINT OR
8 ORIGINATION OF THE CALL. IF SUCH A TRANSFER IS NOT TECHNICALLY
9 POSSIBLE, THE ALTERNATIVE OPERATOR SERVICE PROVIDER SHALL INFORM
10 THE CUSTOMER THAT THE CALL CANNOT BE TRANSFERRED AS REQUESTED
11 AND THAT THE CUSTOMER SHOULD HANG UP AND ATTEMPT TO REACH THE
12 CARRIER THROUGH THE MEANS PROVIDED BY THAT CARRIER. AN
13 ALTERNATIVE OPERATOR SERVICE PROVIDER OR CERTIFICATED INTERLATA
14 TELEPHONE SERVICE PROVIDER SHALL NOT ENTER INTO ANY CONTRACT OR
15 AGREEMENT WITH AN AGGREGATOR OR OWNER, OPERATOR OR LESSEE OF A
16 COIN TELEPHONE WHICH DOES NOT PROVIDE A CUSTOMER, USING EITHER A
17 TELEPHONE OWNED OR CONTROLLED BY THE AGGREGATOR OR ALTERNATIVE
18 OPERATOR SERVICE PROVIDER OR A COIN TELEPHONE, WITH THE MEANS TO
19 ACCESS ANY ALTERNATIVE OPERATOR SERVICE PROVIDER OR OTHER <--
20 CERTIFICATED INTERLATA TELEPHONE SERVICE PROVIDER OPERATING IN
21 THE RELEVANT GEOGRAPHIC AREA, THROUGH THE ACCESS METHOD CHOSEN
22 BY THE CERTIFICATED INTERLATA TELEPHONE SERVICE PROVIDER, OR TO
23 ACCESS A LOCAL EXCHANGE CARRIER OPERATOR OR EMERGENCY TELEPHONE
24 NUMBER. IN ORDER TO PREVENT THE FRAUDULENT USE OF ITS SERVICES, <--
25 HOWEVER, AN ALTERNATIVE OPERATOR SERVICE PROVIDER, AGGREGATOR,
26 OWNER, OPERATOR OR LESSEE OF A COIN TELEPHONE OR A CERTIFICATED
27 INTERLATA TELEPHONE SERVICE PROVIDER MAY BLOCK ACCESS IF A
28 WAIVER FOR THIS PURPOSE IS GRANTED BY THE COMMISSION OR THE
29 FEDERAL COMMUNICATIONS COMMISSION. SUCH WAIVERS GRANTED BY THE
30 COMMISSION MAY BE FOR A LIMITED PERIOD OF TIME ON A SPECIFIC
19890S1091B2423 - 3 -
1 PIECE OF EQUIPMENT OR LOCATION UPON APPLICATION TO THE
2 COMMISSION.
3 (F) COMPLAINTS.--THE COMMISSION, ON ITS OWN MOTION, OR ANY
4 CUSTOMER, MAY INSTITUTE A COMPLAINT BEFORE THE COMMISSION
5 PURSUANT TO THE PROVISIONS OF CHAPTER 7 (RELATING TO PROCEDURE
6 ON COMPLAINTS) AGAINST ALTERNATIVE OPERATOR SERVICE PROVIDERS
7 ALLEGING VIOLATIONS OF THIS SECTION. ALTERNATIVE OPERATOR
8 SERVICE PROVIDERS SHALL BE SUBJECT TO CIVIL PENALTIES PURSUANT
9 TO SECTION 3301 (RELATING TO CIVIL PENALTIES FOR VIOLATIONS) FOR
10 VIOLATIONS OF THE PROVISIONS OF THIS SECTION.
11 (E) (G) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING <--
12 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
13 SUBSECTION:
14 "AGGREGATOR." EVERY CORPORATION, ASSOCIATION, PARTNERSHIP OR
15 PERSON THAT IS NOT A PUBLIC UTILITY, AND THAT, IN THE ORDINARY
16 COURSE OF ITS BUSINESS, MAKES TELEPHONES AVAILABLE TO THE PUBLIC
17 OR TO TRANSIENT USERS OF ITS BUSINESS, INCLUDING, BUT NOT
18 LIMITED TO, A HOTEL, MOTEL, HOSPITAL OR UNIVERSITY, AND THAT
19 PROVIDES OPERATOR-ASSISTED SERVICES THROUGH AN ALTERNATIVE
20 OPERATOR SERVICE PROVIDER.
21 "ALTERNATIVE OPERATOR SERVICE PROVIDER." A NONFACILITIES
22 BASED CARRIER THAT IS A RESELLER, THAT LEASES LINES FROM LOCAL
23 EXCHANGE CARRIERS AND INTEREXCHANGE CARRIERS AND USING THESE
24 LEASED FACILITIES ALONG WITH THEIR OWN OPERATORS, PROVIDES <--
25 OPERATOR-ASSISTED SERVICE TO AGGREGATORS. <--
26 "CERTIFICATED INTERLATA TELEPHONE SERVICE PROVIDER." ANY
27 PUBLIC UTILITY WHICH IS CERTIFICATED BY THE COMMISSION TO
28 PROVIDE INTERLATA TOLL SERVICE IN THIS COMMONWEALTH AND PROVIDES
29 SERVICE PRIMARILY THROUGH FACILITIES IT OWNS OR LEASES.
30 "COIN TELEPHONE." A TELEPHONE WHICH REQUIRES INSERTION OF A
19890S1091B2423 - 4 -
1 COIN AS A CHARGE FOR USING THE TELEPHONE TO MAKE LOCAL OR LONG
2 DISTANCE CALLS.
3 "OPERATOR-ASSISTED SERVICE." ANY TELEPHONE CALL WHICH THE
4 CUSTOMER INITIATES BY DIALING "0" AND FOR WHICH A FEE IS
5 CHARGED. THESE SERVICES MAY BE PROVIDED BY EITHER HUMAN OR
6 MECHANICAL OPERATORS AND INCLUDE, BUT ARE NOT LIMITED TO, ALL
7 CALLS BILLED TO CREDIT CARDS OR THIRD PARTIES AND ALL COLLECT OR
8 PERSON-TO-PERSON CALLS.
9 Section 1 2. Section 3301(c) of Title 66 of the Pennsylvania <--
10 Consolidated Statutes is amended to read:
11 § 3301. Civil penalties for violations.
12 * * *
13 (c) Gas pipeline safety violations.--Any person or
14 corporation, defined as a public utility in this part, who owns
15 pipeline or conduit facilities and who violates any provisions
16 of this part governing the safety of pipeline or conduit
17 facilities in the transportation of natural gas, flammable gas,
18 or gas which is toxic or corrosive, or of any regulation or
19 order issued thereunder, shall be subject to a civil penalty of
20 not to exceed [$1,000] $10,000 for each violation for each day
21 that the violation persists, except that the maximum civil
22 penalty shall not exceed [$200,000] $500,000 for any related
23 series of violations.
24 * * *
25 Section 2. This act shall take effect immediately. <--
26 SECTION 3. TITLE 66 IS AMENDED BY ADDING A SECTION TO READ: <--
27 § 3316. PROTECTION OF PUBLIC UTILITY EMPLOYEES.
28 (A) PERSONS NOT TO BE DISCHARGED.--NO EMPLOYER MAY
29 DISCHARGE, THREATEN OR OTHERWISE DISCRIMINATE OR RETALIATE
30 AGAINST AN EMPLOYEE REGARDING THE EMPLOYEE'S COMPENSATION,
19890S1091B2423 - 5 -
1 TERMS, CONDITIONS, LOCATION OR PRIVILEGES OF EMPLOYMENT BECAUSE
2 THE EMPLOYEE OR A PERSON ACTING ON BEHALF OF THE EMPLOYEE MAKES
3 A GOOD FAITH REPORT OR IS ABOUT TO REPORT, VERBALLY OR IN
4 WRITING, TO THE EMPLOYER, THE COMMISSION, THE OFFICE OF CONSUMER
5 ADVOCATE OR THE OFFICE OF ATTORNEY GENERAL, AN INSTANCE OF
6 WRONGDOING OR WASTE.
7 (B) DISCRIMINATION PROHIBITED.--NO EMPLOYER MAY DISCHARGE,
8 THREATEN OR OTHERWISE DISCRIMINATE OR RETALIATE AGAINST AN
9 EMPLOYEE REGARDING THE EMPLOYEE'S COMPENSATION, TERMS,
10 CONDITIONS, LOCATION OR PRIVILEGES OF EMPLOYMENT BECAUSE THE
11 EMPLOYEE IS REQUESTED BY THE COMMISSION, THE OFFICE OF CONSUMER
12 ADVOCATE, THE OFFICE OF SMALL BUSINESS ADVOCATE OR THE OFFICE OF
13 ATTORNEY GENERAL TO PARTICIPATE IN AN INVESTIGATION, HEARING OR
14 INQUIRY HELD BY THE COMMISSION, THE OFFICE OF ATTORNEY GENERAL,
15 OR IN A COURT ACTION RELATING TO THE PUBLIC UTILITY.
16 (C) CIVIL ACTION.--A PERSON WHO ALLEGES A VIOLATION OF THIS
17 SECTION MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT
18 JURISDICTION FOR APPROPRIATE INJUNCTIVE RELIEF OR DAMAGES, OR
19 BOTH, WITHIN 180 DAYS AFTER THE OCCURRENCE OF THE ALLEGED
20 VIOLATION.
21 (D) NECESSARY SHOWING OF EVIDENCE.--AN EMPLOYEE ALLEGING A
22 VIOLATION OF THIS SECTION MUST SHOW BY A PREPONDERANCE OF THE
23 EVIDENCE THAT, PRIOR TO THE ALLEGED REPRISAL, THE EMPLOYEE OR A
24 PERSON ACTING ON BEHALF OF THE EMPLOYEE HAD REPORTED OR WAS
25 ABOUT TO REPORT IN GOOD FAITH, VERBALLY OR IN WRITING, AN
26 INSTANCE OF WRONGDOING OR WASTE TO THE EMPLOYER, THE COMMISSION,
27 THE OFFICE OF CONSUMER ADVOCATE, THE OFFICE OF SMALL BUSINESS
28 ADVOCATE OR THE OFFICE OF ATTORNEY GENERAL.
29 (E) DEFENSE.--IT SHALL BE A DEFENSE TO AN ACTION UNDER THIS
30 SECTION IF THE DEFENDANT PROVES BY A PREPONDERANCE OF THE
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1 EVIDENCE THAT THE ACTION BY THE EMPLOYER OCCURRED FOR SEPARATE
2 AND LEGITIMATE REASONS, WHICH ARE NOT MERELY PRETEXTUAL.
3 (F) ENFORCEMENT.--A COURT, IN RENDERING A JUDGMENT IN AN
4 ACTION BROUGHT UNDER THIS SECTION, SHALL ORDER, AS THE COURT
5 CONSIDERS APPROPRIATE, REINSTATEMENT OF THE EMPLOYEE, THE
6 PAYMENT OF BACK WAGES, FULL REINSTATEMENT OF FRINGE BENEFITS AND
7 SENIORITY RIGHTS, ACTUAL DAMAGES OR ANY COMBINATION OF THESE
8 REMEDIES. A COURT SHALL ALSO AWARD THE COMPLAINANT ALL OR A
9 PORTION OF THE COSTS OF LITIGATION, INCLUDING REASONABLE
10 ATTORNEY FEES AND WITNESS FEES, IF THE COURT DETERMINES THAT THE
11 AWARD IS APPROPRIATE.
12 (G) PENALTIES.--A PERSON WHO, UNDER COLOR OF AN EMPLOYER'S
13 AUTHORITY, VIOLATES THIS SECTION SHALL BE LIABLE FOR A CIVIL
14 FINE OF NOT MORE THAN $500. A CIVIL FINE WHICH IS ORDERED UNDER
15 THIS SECTION SHALL BE PAID TO THE STATE TREASURER FOR DEPOSIT
16 INTO THE GENERAL FUND.
17 (H) NOTICE.--AN EMPLOYER SHALL POST NOTICES AND USE OTHER
18 APPROPRIATE MEANS TO NOTIFY EMPLOYEES AND KEEP THEM INFORMED OF
19 PROTECTIONS AND OBLIGATIONS UNDER THIS SECTION.
20 (I) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING
21 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS
22 SUBSECTION:
23 "EMPLOYEE." A PERSON WHO PERFORMS A SERVICE FOR WAGES OR
24 OTHER REMUNERATION UNDER A CONTRACT OF HIRE, WRITTEN OR ORAL,
25 EXPRESS OR IMPLIED, FOR A PUBLIC UTILITY.
26 "EMPLOYER." A PERSON SUPERVISING ONE OR MORE EMPLOYEES,
27 INCLUDING THE EMPLOYEE IN QUESTION, A SUPERIOR OR AN AGENT OF A
28 PUBLIC UTILITY.
29 "GOOD FAITH REPORT." A REPORT OF CONDUCT DEFINED IN THIS ACT
30 AS WRONGDOING OR WASTE WHICH IS MADE WITHOUT MALICE OR
19890S1091B2423 - 7 -
1 CONSIDERATION OF PERSONAL BENEFIT AND WHICH THE PERSON MAKING
2 THE REPORT HAS REASONABLE CAUSE TO BELIEVE IS TRUE.
3 "WASTE." AN EMPLOYER'S CONDUCT OR OMISSIONS WHICH RESULT IN
4 SUBSTANTIAL ABUSE, MISUSE, DESTRUCTION OR LOSS OF FUNDS OR
5 RESOURCES BELONGING TO OR DERIVED FROM A PUBLIC UTILITY.
6 "WRONGDOING." A VIOLATION WHICH IS NOT OF A MERELY TECHNICAL
7 OR MINIMAL NATURE OF A FEDERAL OR STATE STATUTE OR REGULATION OR
8 OF A POLITICAL SUBDIVISION ORDINANCE OR REGULATION OR OF A CODE
9 OF CONDUCT OR ETHICS DESIGNED TO PROTECT THE INTEREST OF THE
10 PUBLIC OR THE EMPLOYER.
11 SECTION 4. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
12 (1) SECTION 1 (SECTION 2906) SHALL TAKE EFFECT IN 90
13 DAYS.
14 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT
15 IMMEDIATELY.
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