(a) Application. This section does not apply to a deregulated
company holding a certificate of operating authority or to an exempt
carrier under Public Utility Act (PURA) §52.154.
(b) Available upon request. Upon formal request for
service by any prospective provider of pay telephone service (PTS),
a certificated telecommunications utility (CTU) is required to file
a tariff providing for interconnection of customer-owned pay telephones,
except as otherwise provided in subsection (c) of this section.
(c) Special assembly tariffs. A CTU with fewer than
50 pay telephone lines may provide pay telephone access service (PTAS)
pursuant to existing special assembly tariffs; however, in no event
may a CTU provide to more than ten special assembly arrangements.
Special assembly rates must be computed in accordance with this section.
CTUs that provide PTAS pursuant to special assembly tariffs must enter
into a written agreement with the PTS provider that requires the provider
to perform all functions and obligations specified in §26.344
of this title (relating to Pay Telephone Service Requirements). When
a CTU that holds a certificate of convenience and necessity (CCN)
makes its initial filing to offer PTAS, the application must include
the proposed tariff, cost studies or a commission approved rate for
similar services offered by a larger CTU holding a CCN.
(d) Enforcement of tariff requirements. If a PTS provider
is in violation of a tariff provision, the CTU must notify the PTS
provider of the violation in writing. Such notice must refer to the
specific tariff provisions being violated. The notice must state that
the PTS provider is subject to disconnection by the CTU of the instrument(s)
in violation of the tariff unless the PTS provider corrects the violation
and notifies the CTU in writing, within 20 days of receipt of the
notice of the violation, that the violation has been corrected. The
CTU may disconnect the instrument(s) that are in violation of the
tariff on or after the 20th day after receipt of the notice by the
PTS provider, if the PTS provider did not notify the CTU in writing
within 20 days of receipt of the notice that the violation was corrected.
However, if the PTS provider has filed a complaint with the commission
regarding the disconnection and has provided the CTU with a copy of
the complaint that indicates that the complaint has been filed with
the commission within 20 days of receipt of the notice of a violation
from the CTU, the CTU may not disconnect the instrument(s) pending
resolution of the complaint by the commission.
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