W. Va. Code R. § 150-6-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-6-11 - Payphones

11.1. Registration Requirement.

a. Each payphone service provider (PSP) that provides public telephone service from more than three (3) noncontiguous locations in West Virginia shall register with the Commission. Registration shall be accomplished by completing and submitting to the Commission Form P.S.C. W. Va. 11-1. Any and all changes in the information provided on Form P.S.C. W. Va. 11-1 shall be reported to the Commission within thirty (30) days of the change.

11.2. Rates and Charges.

a. There shall be no charge for calls made to 9-1-1 or to "0" type operator service.

b. There shall be no charge for uncompleted calls.

c. There shall be no charge for calls to telephone company operators for dialing instructions or rate information.

d. There shall be no charge for access to Telecommunications Relay Service.

11.3. Operational and Maintenance Requirements.

a. All payphones shall comply with generally accepted telecommunications industry standards, Commission rules and regulations, applicable local ordinances and the current National Electric Code and National Electrical Safety Code.

b. Payphones shall be maintained and operated in accordance with generally accepted telecommunications industry standards, Commission rules and regulations, applicable local ordinances and the current National Electric Code and National Electrical Safety Code.

c. Payphones shall be hearing aid compatible, as defined by the Federal Communications Commission.

d. Payphones shall allow calling via Telecommunications Relay Service.

e. Each payphone shall be connected to the serving facilities by means of its own dedicated, non-switched voice grade (or better) landline circuit, or by means of functionally equivalent wireless facilities which provide (at least) the same grade of service as do voice grade landline facilities. Where a payphone is connected to the public telephone network by means of wireless facilities, the following shall be prominently posted, in capital letters, on the payphone instrument: "This telephone uses a wireless radio signal which may be subject to electronic eavesdropping."

f. Coin-accepting payphones shall automatically return unused coins, but need not provide change for over-payment due to use of coins of greater denomination than required: Provided, that payphones shall prominently display a toll-free number where full refund, credit or reimbursement from the payphone service provider can be obtained in event of over-payment.

g. Payphones shall be capable of receiving incoming calls and shall be equipped with working ringers or equivalent audible signaling devices, unless the payphone is conspicuously marked as being unable to receive incoming calls.

h. Payphones shall provide access to all interexchange carriers that provide service in the exchange in which the payphone is located.

i. Payphones shall be equipped with tone signaling.

j. Payphone instruments shall be registered with the Federal Communications Commission pursuant to 47 CFR Part 68, or appropriate superseding regulations.

k. Payphones shall fully participate in the Enhanced 9-1-1 program when the payphone is located in a service area covered by an Enhanced 9-1-1 system.

l. Each payphone, except those used primarily by inmates of prisons, jails, etc., or those payphones where other alternative public services are readily available or for good cause shown, shall allow free access, without the need to insert a coin or to use any other payment method, to:

1. "0-" Operator;

2. 9-1-1;

3. A payphone service provider employee authorized to handle customer complaints; and

4. "800" or other toll free numbers.

m. Calls to 9-1-1, unless the payphone (where allowed by Commission rules or order) does not permit such calls, shall automatically route to the 9-1-1 center serving the payphone location. If the payphone location is not served by a 9-1-1 center, allowed calls to 9-1-1 shall route to a "0-" type operator as specified in '150CSR6-11.3.o.

n. A non-payphone extension telephone station may be connected to a payphone line if, for each such extension telephone station, adequate circuitry is employed at all times in conjunction with the extension such that the extension may not be used to listed to payphone conversations or to in any way interrupt a payphone call in progress.

o. "0-" calls shall be immediately routed to a live operator fully capable of timely and adequately routing emergency calls made from the payphone's location.

11.4. Information to be Displayed on Payphones.

a. The following information shall be conspicuously and clearly displayed on the front of each payphone:

1. Operating instructions, including how to place toll calls, when toll calling is allowed, over the facilities of the interexchange carrier serving the payphone's location and how to access local Directory assistance (except inmate payphones which need not allow access to local Directory assistance).

2. Rates for local calling and directions regarding how to use the payphone to obtain, without charge, other applicable rate information.

3. The party to contact and the toll-free telephone number to use for refunds and service complaints.

4. The payphone service provider's name, address and telephone number.

5. The location of the payphone.

6. The name of the interexchange carrier to which the payphone is presubscribed.

b. If the local calling area of the payphone is smaller than the local calling area of the exchange in which the payphone is located, the payphone shall clearly, completely and in full view of the payphone user, identify the extent of the payphone's local calling area.

11.5. Violations and Penalties.

Payphone service providers that provide service not in accordance with any of the Commission's rules and regulations shall be subject to the penalties imposed by state law or Commission rules and regulations.

W. Va. Code R. § 150-6-11