Case
Background
The Commission has jurisdiction over pay telephone
providers pursuant to Sections 364.03 and 364.3375, Florida Statutes. When the
Commission first codified standards for pay telephone stations, the only
standards available were those developed by the American National Standards
Institute, Inc. (ANSI). The ANSI standards were incorporated into Rule
25-24.515(18), Florida Administrative Code, and remain the standards in effect
today. In this rule- making proceeding, staff recommends that the Commission
propose a different set of standards for pay telephone stations – the standards
required by the Americans with Disabilities Act. Attachment A contains the
proposed rule and Attachment B contains the Statement of Estimated Regulatory
Cost.
Discussion of Issues
Issue
1: Should the
Commission propose the amendment of Rule 25-24.515, Florida Administrative
Code, Pay Telephone Service?
Recommendation: Yes. The
Commission should propose the amendment of Rule 25-24.515, Florida
Administrative Code, Pay Telephone Service to reflect changes in pay telephone
station standards, as set forth in Attachment A. (Stern, R. Kennedy, Hewitt)
Staff Analysis: Currently, Rule 25-24.515(18), Florida
Administrative Code (F.A.C.), requires that each pay telephone station conform
to specified portions of the American National Standards Accessible and
Usable Buildings and Facilities (ANSI A117.1-1998). The ANSI A117.1
defines parameters for pay telephones, including such things as volume control,
wheelchair accessibility, the heights of operable parts, reach ranges, cord
lengths, and hearing-aid compatibility.
In 1990, the Americans with Disabilities Act (ADA) became
law, and the associated pay telephone requirements were codified in 28 CFR Part
36, Appendix A - ADA Accessibility Guidelines for Buildings and Facilities.
The ADA’s pay telephone standards were developed using the ANSI standards and
generally mirror those provided in ANSI A117.1. However, there are compliance
and enforcement differences between the two.
The foremost distinction is that the ADA standards are
adopted by, and under the purview of the Federal Department of Justice. They
are federally enforceable and pay phone providers must comply with them. From
a more practical standpoint, the ADA standards are
generally referenced in contractual arrangements between pay telephone service
providers and their clients (e.g., inmate facilities, commercial and government
facilities, etc.). The ADA standards are readily available, at no cost,
to the citizenry and pay telephone industry. In addition, the federal
government sponsors a group to assist anyone seeking clarification and
technical guidance on all standards contained in the ADA Accessibility
Guidelines for Buildings and Facilities. The group can be contacted via
toll-free telephone service or via the Internet.
By proposing the ADA standards the
Commission will be consistent with the intent of the Florida Legislature, which
adopted the ADA Standards for Accessible Design in Chapter 553, Florida
Statutes. Chapter 553 provides:
553.502
Intent.--The purpose and intent of ss. 553.501-553.513 is to incorporate
into the law of this state the accessibility requirements of the Americans with
Disabilities Act of 1990, Pub. L. No. 101-336, 42 U.S.C. ss. 12101 et seq., and
to obtain and maintain United States Department of Justice certification of the
Florida Accessibility Code for Building Construction as equivalent to federal
standards for accessibility of buildings, structures, and facilities. All state
laws, rules, standards, and codes governing facilities covered by the
guidelines shall be maintained to assure certification of the state's
construction standards and codes.
In contrast, the ANSI standards
are not federally enforceable and are copyrighted materials that must be
purchased. ANSI does not interpret its standards and ANSI provides that
no person shall have the right or authority to issue an interpretation of an
ANSI Standard in the name of ANSI.
Regarding compliance differences, an example is the “high
side reach,” which is the maximum height allowed for the highest operable part,
generally the coin slot. In situations where a wheelchair can make an
unobstructed parallel approach to a pay phone, the ADA and ANSI set different
height limits for the highest operable part. ANSI sets the high side reach at
48 inches and the ADA sets it at 54 inches. If required to meet the latest ANSI
standard, the pay phone industry would be subject to significant financial
burdens.
Because the Commission’s existing rules require pay phone
providers to comply with ANSI standards and the federal government requires
them to comply with ADA standards, pay phone providers operating in Florida
must comply with both sets of standards. By substituting the ADA standards for
the ANSI standards, the proposed rule amendments would eliminate the need to
comply with two sets of standards.
A Notice of Rule Development appeared in the August 6, 2004, edition of the Florida Administrative Weekly. The notice gave interested
persons an opportunity to request a workshop to discuss the rule amendments.
No workshop was requested, so none was held.
By amending Rule
25-24.515, F.A.C., the Commission will ensure consistency for the regulated
community, as well as the citizenry, by eliminating any conflict or confusion
that may exist between the ANSI and ADA standards.
Statutory Authority
The specific legal authority for the proposed
amendments is Section 350.127, Florida Statutes, which confers rule making
authority on the Commission. The laws being implemented are Section 364.3375,
Florida Statutes, which requires pay phone providers to receive a certificate
from the Commission, and Section 364.03, Florida Statutes, which requires that
service be “modern, adequate , sufficient and efficient,” and that
telecommunications facilities be maintained for the “accommodation, comfort,
and convenience” of patrons.
Statement of Estimated Regulatory Costs (SERC)
The SERC for this
proposed rule is in Attachment B. The proposed rule amendments would
substitute reference to the American National Standards for accessibility with
the ADA Standards for Accessible Design. There would be costs
incurred if some pay telephone providers’ equipment must be rearranged to
comply with the ADA standards.
There should be a benefit to those whom the accessibility requirements are
meant to help. The total potential net costs or benefits are unknown.
Based on the foregoing, staff recommends that
the Commission propose the amendment of Rule
25-24.515, F.A.C., Pay Telephone Service to reflect changes in pay telephone
station standards, as set forth in Attachment A.
Issue 2: Should this docket be closed?
Recommendation: Yes.
If no request for hearing or comments are filed, the rule as proposed should be
filed for adoption with the Secretary of State and the docket should be closed.
(Stern)
Staff Analysis: If
no requests for hearing or comments are filed, the rules as proposed may be
filed for adoption with the Secretary of State without further Commission
action. The docket may then be closed.
25-24.515 Pay Telephone Service.
(1) For the
purposes of this section, the term “direct free” shall mean without requiring
the use of a coin, paper money, credit card, or any other form of payment, even
if the payment will be returned.
(2) Pay telephone
stations shall be lighted during the hours of darkness when light from other
sources is not adequate to read instructions and use the instrument.
(3) Each pay
telephone station shall return any deposited amount if the call is not
completed, except messages to a Feature Group A access number.
(4) Each pay
telephone station shall permit direct free access to the universal telephone
number “911” where operable.
(5) Each pay
telephone station shall permit direct free access to dialtone.
(6) Each pay
telephone station shall permit direct free access to toll free numbers (e.g.,
800, 877, and 888).
(7) Each pay
telephone station shall complete calls to local and long distance directory
assistance.
(8) Each pay
telephone station shall complete calls to the responsible party for repairs or
refunds by direct free access.
(9) Each pay
telephone station shall be equipped with a legible sign, card, or plate of
reasonable permanence which shall identify the following:
(a) The
telephone number and location address of the pay telephone station, name and
certificate number of the certificate holder, the party responsible for repairs
and refunds, address of responsible party, free phone number of responsible
party, clear dialing instructions (including notice of the lack of availability
of local or toll services), and the local coin rate.
(b) For those pay
telephone stations that will terminate conversation after a minimum elapsed
time, notice shall be included on the sign card as well as an audible
announcement 30 seconds prior to termination of the phone call.
(10) Each pay
telephone station that which provides access to any interexchange
company shall provide coin free access, except for Feature Group A access, to
all locally available interexchange companies. The pay telephone station shall
provide such access through the forms of access purchased by locally available
long distance carriers such as 10XXX+0, 10XXXX+0, 101XXXX+0, 950, toll free
(e.g., 800, 877, and 888) access.
(11) No sales
solicitation shall be allowed during the interval between the last digit dialed
by the end user and connection with the interexchange carrier.
(12) All 0- calls
shall be routed to a telecommunications company that is authorized by the
Commission to handle 0- calls. All other calls, including operator service
calls, may be routed to the pay telephone provider’s carrier of choice, unless
the end user dials the appropriate access code for their carrier of choice,
i.e., 950, 10XXX, 10XXXX, 101XXXX, and toll free access (e.g., 800, 877, and
888).
(13)(a) Each pay
telephone station shall allow incoming calls to be received at all times, with
the exception of those located at hospitals, schools, and locations
specifically exempted by the Commission. There shall be no charge for receiving
incoming calls.
(b) A pay
telephone provider may petition the Commission for an exemption from the
incoming call requirement for a period that shall not exceed two years from the
effective date of the Order granting the exemption. Requests for exemption from
the requirement that each pay telephone station allow incoming calls shall be
accompanied by a completed Form PSC/CMP-2 (02/99), entitled “Request to Block
Incoming Calls,” which is incorporated into this rule by reference and may be
obtained from the Commission’s Division of Competitive Markets and Enforcement.
The form requires an attestation from the owner of the pay telephone, the owner
of the pay telephone location, and the chief of the responsible law enforcement
agency that the request is sought in order to deter criminal activity
facilitated by incoming calls being received at the specified pay telephone. A
separate form shall be filed for each telephone number for which an exemption
is sought. The provider of the pay telephone may request subsequent two-year
exemptions by filing another Form PSC/CMP-2 (02/99). Where incoming calls are
not received, central-office based intercept shall be provided at no charge to
the end user and a written notice shall be prominently displayed on the
instrument directly above or below the telephone number which states: “Incoming
calls blocked at request of law enforcement.”
(14) Each pay
telephone station must be connected to an individual access line.
(15)(a) Each pay
telephone service company shall permit outgoing calls to be placed from its pay
telephone stations at all times.
(b) Each pay
telephone service company shall make all reasonable efforts to minimize the
extent and duration of interruptions of service. Service repair programs should
have as their objective the restoration of service on the same day that the
interruption is reported to the company. (Sundays and holidays excepted.)
(16)(a) Where there is
a single pay telephone station, a directory shall be maintained at each
station. Where there are two or more pay telephone stations located in a group,
a directory for the entire local calling area shall be maintained at every
other station. However, where telephone pay stations are fully enclosed, a
directory shall be maintained at each pay telephone station. For purposes of
this rule, the term “directory” shall mean both a current white page directory
for the local calling area and a reasonably current yellow page directory that
is appropriate for the calling area of the pay telephone station.
(b) Pay telephone
stations that provide local directory assistance at no charge are exempt from
the provisions in paragraph (16)(a). A notice must appear on the placard if
local directory assistance at no charge is being provided.
(17) Normal
maintenance and coin collection activity shall include a review of the
cleanliness of each pay telephone station.
(18)(a) Except as
provided in paragraphs (18)(b)-(d) below, each pay telephone
station shall conform to sections 4.1.3(17), 4.2.4, 4.2.5, 4.2.6, 4.5.1,
4.31.2, 4.31.3, and 4.31.5 703.7.2.3 and 704 of the ADA
Accessibility Guidelines for Buildings and Facilities, Appendix A to 28 CFR
Part 36, (July 1, 2003 Edition) American National Standards Accessible
and Usable Buildings and Facilities, approved, by the American National
Standards Institute, Inc. (ANSI A117.1-1998), which sections are is
incorporated by reference into this rule. This rule does not apply to
public text telephone and closed circuit telephones.
(b) Where
there are two or more pay telephone stations located in a group, there shall be
a minimum of one telephone per group of ten which conforms to the ANSI
standards listed in paragraph (18)(a). The conforming station must be
physically located in the group of pay telephone stations or must be installed
within a clear line of sight within 15 feet of the group and the route to the
conforming station must be free from wheelchair barriers.
(c) Except
for locations on floors above or below entry level in buildings not serviced by
a ramp or elevator, pay telephone stations shall be placed in areas accessible
to the physically handicapped.
(b)(d) Pay
telephones shall not be installed where the required “clear floor or ground
space” provided for in ADA Accessibility Guidelines for Buildings and
Facilities ANSI sections 4.2.4.1, 4.2.4.2, and 4.31.2 704.2.1
would be reduced by a vehicle parked in a designated parking space.
(19) Each pay
telephone station shall permit end users to input unlimited digits for the
duration of the call.
(20) Toll Fraud
Liability.
(a) A company
providing interexchange telecommunications services or local exchange
telecommunications services shall not collect from a pay telephone provider for
charges billed to a line for calls that which originated from
that line through the use of access codes such as 10XXX, 10XXXX, 101XXXX, 950,
and toll free (e.g., 800, 877, 888) access codes, or when the call originating
from that line otherwise reached an operator position, if the originating line
is subscribed to outgoing call screening and the call was placed after the
effective date of the outgoing call screening order.
(b) A company
providing interexchange telecommunications services or local exchange
telecommunications services shall not collect from a pay telephone provider for
charges for collect or third number billed calls, if the line to which the call
was billed was subscribed to incoming call screening and the call was placed
after the effective date of the incoming call screening order.
(c) Any calls
billed through the provider of local exchange telecommunications services or
directly by an interexchange company, or through a billing agent, which have
been identified as not collectible as described in paragraphs (20)(a) and (b)
above, must be removed from any pay telephone provider’s bill after the pay
telephone provider gives notice of the fraudulent charges to the billing party.
Pay telephone providers shall give such notice to the provider of local
exchange telecommunications services and the interexchange company in writing no
later than the due date of the bill.
(d) The provider
of local exchange telecommunications services is responsible for charges
described in paragraph (20)(c) that are associated with the failure of the
provider of local exchange telecommunications services’ screening services.
(e) The
interexchange company is responsible for charges described in paragraph (20)(c)
that are associated with the failure to properly validate calls via the
appropriate provider of local exchange telecommunications services’ data base.
(f) Definitions:
For purposes of subsection (20) the term “Effective Date” shall mean the date
after the call screening order was placed and associated charges apply.
(g) Any charges
accrued to a line when the subscriber has subscribed to the provider of local
exchange telecommunications services to screen calls described in paragraphs
(20)(a) and (b) above shall not be the basis for discontinuance of local and
intrastate service.
(21) Providers
serving confinement facilities shall provide for completion of all inmate calls
allowed by the confinement facility.
(22) Pay telephone
stations located in confinement facilities shall be exempt from the
requirements of subsections (2), (4), (6), (7), (8), (10), (12), (13), (15),
(16), and (19) of this rule. Such pay telephone stations shall also be exempt
from the requirements of subsection (9), except that outgoing local and long
distance calls may not be terminated until after a minimum elapsed time of ten
minutes. Audible and written disconnect notifications shall apply, and one
access line shall not be connected to more than three pay telephone stations.
(23) Pay telephone
facilities shall be designed, constructed, installed, maintained and operated
in accordance with provisions of the National Electrical Safety Code (IEEE
C2-2002) and the National Electrical Code (NEPA 70-2002).
Specific Authority 350.127(2) FS.
Law Implemented 364.03, 364.035, 364.063, 364.337, 364.3375, 364.345 FS.
History–New 1-5-87, Amended 4-14-92, 12-21-92, 2-3-93, 10-10-94, 12-27-94,
9-5-95, 2-1-99, 12-23-02, .
State of Florida
Public Service Commission
Capital Circle Office Center ● 2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850
-M-E-M-O-R-A-N-D-U-M-
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DATE:
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November 9, 2004
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TO:
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Office of General Counsel (Stern)
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FROM:
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Division of Economic Regulation
(Hewitt)
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RE:
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Statement of Estimated Regulatory
Costs for Proposed Rule Amendments to 25-24.515, Pay Telephone Service,
F.A.C.
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SUMMARY OF THE RULES
Rule 25-24.515, Pay Telephone Service, F.A.C.,
contains the regulations for companies offering pay telephone service in Florida,
including physical location requirements and accessibility.
The proposed rule amendments would substitute
reference to the American National Standards for accessibility with the
Americans with Disabilities Act (ADA) Standards for Accessible Design. The ADA
standards have been adopted by the legislature and are nationally recognized.
ESTIMATED NUMBER OF
ENTITIES REQUIRED TO COMPLY AND
GENERAL DESCRIPTION OF
INDIVIDUALS AFFECTED
Some of the 477 pay telephone
providers (PTPs) regulated by the Commission would be affected if they do not
meet the current national standards.
RULE IMPLEMENTATION AND
ENFORCEMENT COST AND IMPACT ON REVENUES
FOR THE AGENCY AND OTHER
STATE AND LOCAL GOVERNMENT ENTITIES
The usual rule implementation costs
would be incurred with these rule changes. The Commission should benefit by
the elimination of any confusion over pay telephone accessibility
requirements. There should be no impact on other state or local government entities.
ESTIMATED TRANSACTIONAL
COSTS TO INDIVIDUALS AND ENTITIES
Some of the PTPs may have
transactional costs to comply with the change in the referenced requirements.
There would be costs incurred if their equipment must be rearranged to comply
with the ADA standards. There
should be a benefit to those whom the accessibility requirements are meant to
help. The total potential net costs or benefits are unknown.
IMPACT ON SMALL BUSINESSES, SMALL CITIES, OR
SMALL COUNTIES
Small PTP businesses
would have the same costs as larger PATs if they have to modify the
accessibility of their equipment. Small cities, and counties should have no
impact from the changes.
cc: Mary Andrews Bane
Chuck Hill
Ray Kennedy
Hurd Reeves