3012 - Definitions.

     § 3012.  Definitions.        The following words and phrases when used in this chapter     shall have the meanings given to them in this section unless the     context clearly indicates otherwise:        "Advanced service."  A retail telecommunications service     that, regardless of transmission medium or technology, is     capable of supporting a minimum speed of 200 kilobits per second     (Kbps) in at least one direction at the network demarcation     point of the customer's premises.        "Aggregator telephone."  A telephone which is made available     to the transient public, customers or patrons, including, but     not limited to, coin telephones, credit card telephones and     telephones located in hotels, motels, hospitals and     universities.        "Alternative form of regulation."  A form of regulation of     telecommunications services other than the traditional rate base     or rate of return regulation, including a streamlined form of     regulation, as approved by the commission.        "Alternative service provider."  An entity that provides     telecommunications services in competition with a local exchange     telecommunications company.        "Bona fide retail request."  A written request for service     which meets the requirements of section 3014(c) (relating to     network modernization plans), is received by a local exchange     telecommunications company and through which end users commit to     subscribe to an advanced service.        "Bona fide retail request program."  A program established by     a local exchange telecommunications company pursuant to section     3014(c) (relating to network modernization plans).        "Broadband."  A communication channel using any technology     and having a bandwidth equal to or greater than 1.544 megabits     per second (Mbps) in the downstream direction and equal to or     greater than 128 kilobits per second (Kbps) in the upstream     direction.        "Broadband availability."  Access to broadband service by a     retail telephone customer of a local exchange telecommunications     company.        "Broadband Outreach and Aggregation Program."  A program     established by the Department of Community and Economic     Development pursuant to section 3014(i) (relating to network     modernization plans).        "Business Attraction or Retention Program."  A program     established by a local exchange telecommunications company     pursuant to section 3014(d) (relating to network modernization     plans).        "Central office."  A local exchange telecommunications     company switch used to provide local exchange telecommunications     service.        "Community."  Those customers of a local exchange     telecommunications company served by an existing or planned     remote terminal or, where no remote terminal exists or is     planned, a central office switch.        "Competitive service."  A service or business activity     determined to be competitive by the commission on or prior to     December 31, 2003, and a service or business activity determined     or declared to be competitive pursuant to section 3016 (relating     to competitive services).        "Department."  The Department of Community and Economic     Development of the Commonwealth.        "Education Technology Fund" or "E-Fund."  The fund     established under section 3015(d) (relating to alternative forms     of regulation).        "Education Technology Program."  The program established by     the Department of Education pursuant to section 3014(j)     (relating to network modernization plans).        "Eligible telecommunications carrier."  A carrier designated     by the Pennsylvania Public Utility Commission pursuant to 47 CFR     54.201 (relating to definition of eligible telecommunications     carriers, generally) or successor regulation as eligible to     receive support from the Federal Universal Service Fund.        "Eligible telecommunications customer."  A customer of an     eligible telecommunications carrier who qualifies for Lifeline     service discounts pursuant to the requirements of 47 CFR 54.409     (relating to consumer qualification for Lifeline) or successor     regulation.        "Fund."  The Broadband Outreach and Aggregation Fund     established under section 3015(c) (relating to alternative forms     of regulation).        "Gross Domestic Product Price Index" or "GDP-PI."  The Gross     Domestic Product Fixed Weight Price Index as calculated by the     United States Department of Commerce or a successor price index.        "Health care facility."  The term shall have the same meaning     given to it in the act of July 19, 1979 (P.L.130, No.48), known     as the Health Care Facilities Act.        "Industrial development agency."  An industrial development     agency under the act of May 17, 1956 (1955 P.L.1609, No.537),     known as the Pennsylvania Industrial Development Authority Act,     that has been certified by the Pennsylvania Industrial     Development Authority under section 5.2 of that act.        "Inflation offset."  The part of the price change formula in     the price stability mechanism that reflects an offset to the     Gross Domestic Product Price Index or Successor Price Index.        "Interexchange services."  The transmission of interLATA or     intraLATA toll messages or data outside the local calling area.        "Interexchange telecommunications carrier."  A carrier other     than a local exchange telecommunications company authorized by     the commission to provide interexchange services.        "Lifeline service."  A discounted rate local service     offering, as defined in 47 CFR 54.401 (relating to Lifeline     defined) or successor regulation, but excluding any offering     funded in part by Federal Universal Service Fund Tier Three     funding under 47 CFR 54.403 (relating to Lifeline support     amount) or successor regulation.        "Local development district."  A multicounty economic and     community development organization established to provide     regional planning and development services to improve the     economy and quality of life in a particular region through a     variety of activities, including, but not limited to, the     fostering of public and private partnerships and providing     assistance to businesses.        "Local exchange telecommunications company."  An incumbent     carrier authorized by the commission to provide local exchange     telecommunications services. The term includes a rural     telecommunications carrier and a nonrural telecommunications     carrier.        "Local exchange telecommunications service."  The     transmission of messages or communications that originate and     terminate within a prescribed local calling area.        "Network modernization plan."  A plan for the deployment of     broadband service by a local exchange telecommunications company     under this chapter or any prior law of this Commonwealth.        "Noncompetitive service."  A regulated telecommunications     service or business activity that has not been determined or     declared to be competitive.        "Nonprotected service."  Any telecommunications service     provided by a local exchange telecommunications company that is     not a protected service.        "Nonrural telecommunications carrier."  A local exchange     telecommunications company that is not a rural telephone company     as defined in section 3 of the Telecommunications Act of 1996     (Public Law 104-104, 110 Stat. 56).        "Optional calling plan."  A discounted toll plan offered by     either a local exchange telecommunications company or an     interexchange telecommunications carrier.        "Political subdivision."  Any county, city, borough,     incorporated town, township, municipality, municipal authority     or county institution district.        "Price stability mechanism."  A formula which may be included     in a commission-approved alternative form of regulation plan     that permits rates for noncompetitive services to be adjusted     upward or downward.        "Protected service."  The following telecommunications     services provided by a local exchange telecommunications company     unless the commission has determined the service to be     competitive:            (1)  Service provided to residential consumers or        business consumers that is necessary to complete a local        exchange call.            (2)  Touch-tone service.            (3)  Switched access service.            (4)  Special access service.            (5)  Ordering, installation, restoration and        disconnection of these services.        "Remote terminal."  A structure located outside of a central     office which houses electronic equipment and which provides     transport for telecommunications services to and from a central     office.        "Rural telecommunications carrier."  A local exchange     telecommunications company that is a rural telephone company as     defined in section 3 of the Telecommunications Act of 1996     (Public Law 104-104, 110 Stat. 56).        "School entity."  An intermediate unit, school district,     joint school district, area vocational-technical school,     independent school, licensed private academic school, accredited     school and any other public or nonpublic school serving students     in any grade from kindergarten through 12th grade.        "Special access service."  Service provided over dedicated,     nonswitched facilities by local exchange telecommunications     companies to interexchange telecommunications carriers or other     large volume users which provides connection between an     interexchange telecommunications carrier or private network and     a customer's premises.        "Switched access service."  A service which provides for the     use of common terminating, switching and trunking facilities of     a local exchange telecommunications company's public switched     network. The term includes, but is not limited to, the rates for     local switching, common and dedicated transport and the carrier     charge.        "Telecommunications Act of 1996."  The Telecommunications Act     of 1996 (Public Law 104-104, 110 Stat. 56).        "Telecommunications carrier."  An entity that provides     telecommunications services subject to the jurisdiction of the     commission.        "Telecommunications service."  The offering of the     transmission of messages or communications for a fee to the     public.        "Universal broadband availability."  Access to broadband     service by each telephone customer of a local exchange     telecommunications company.     (Nov. 30, 2004, P.L.1398, No.183, eff. imd.)        2004 Amendment.  Act 183 added section 3012.