N.H. Admin. Code § Puc 405.07

Current through Register No. 45, November 7, 2024

Section Puc 405.07 - Public Interest Payphones

(a) For purposes of this section:

(1) "Location provider" means the property owner on whose property a payphone is situated;

(2) "Public interest payphone (PIP)" means a payphone or payphone site which the commission has determined to be necessary in the interest of health, safety and welfare, where there would not otherwise be a payphone, in accordance with 47 U.S.C. § 276(b)(2); and

(3) "Sent-paid" means paid by depositing coins in the payphone.

(b) A payphone shall be designated as a PIP when the commission finds that the payphone meets all of criteria listed in (c) below, unless the commission grants a waiver of any criterion pursuant to (e) below.

(c) The criteria for designating a payphone as a PIP are:

(1) The proposed PIP fulfills a public welfare, health or safety, policy objective;

(2) The proposed PIP would not otherwise remain or be placed at its location by the operation of the competitive marketplace;

(3) The proposed PIP is a single, stand-alone payphone and not one of a bank of payphones;

(4) The proposed PIP is not a coinless payphone;

(5) The proposed PIP accepts incoming, sent-paid phone calls;

(6) The proposed PIP is physically accessible to the general public 24 hours per day, unless extraordinary circumstances exist;

(7) The proposed PIP is located no less than 750 feet away from any other payphone, as measured along the route of ordinary pedestrian travel; and

(8) The proposed PIP provides zero compensation to the location provider or payphone lessee, whether such compensation is related to its placement or its revenues.

(d) For the purpose of (c)(7) above, any other payphone shall exclude a payphone located within a business establishment, unless that payphone is physically accessible to the public during the regular operating hours of that business establishment.

(e) Any person seeking waiver of any of the criteria listed in (c) above, shall file a petition with the commission demonstrating extraordinary circumstances, pursuant to Puc 201.05.

(f) The following entities, provided they do not currently have a signed contract with an ELEC for the provision of any payphone, may file a petition for PIP designation:

(1) A private individual;

(2) A private group; or

(3) A federal, state, or local government agency.

(g) A petition for PIP designation shall:

(1) Identify the exact location desired for the PIP, described by reference to existing landmarks in feet and inches;

(2) State that the petitioner has no contract with any ELEC for payphone service;

(3) State the public welfare, health or safety policy objective which the proposed PIP will fulfill;

(4) State the name and telephone number of the location provider where the proposed PIP is to be located;

(5) Indicate whether the location provider has consented to the placement of the PIP;

(6) State that the location provider has no contract with any ELEC providing phone service;

(7) Explain how the proposed PIP meets each of the criteria listed in (c) above; and

(8) State whether a waiver of any of the criteria is requested and provide support for any waiver so requested.

(h) Upon receipt of a petition for PIP designation, the commission shall commence an investigation to determine whether the proposed PIP meets the criteria listed in (c) above.

(i) Notwithstanding whether the location for the proposed PIP meets the requirements in (c) above, the commission shall not designate a payphone as a PIP if:

(1) The petitioner indicates, pursuant to (g)(5) above, that the location provider does not consent to the placement of the proposed PIP; or

(2) The location provider objects to the petition in writing prior to the designation of the PIP.

(j) The commission's staff shall submit a detailed report of its investigation and conclusions to:

(1) The commission;

(2) The petitioner;

(3) The office of the consumer advocate; and

(4) The location provider.

(k) After reviewing the commission staff's report, the commission shall either:

(1) Determine that the proposed site meets the criteria and issue an order designating the payphone as a PIP; or

(2) Determine that the proposed site does not meet the criteria and notify the petitioner and any parties of the reasons for the negative conclusion.

(l) The persons notified pursuant to (k) above shall have 30 days from the date of notification to:

(1) Rectify any deficiencies identified by the commission; or

(2) Request a public hearing on the issues.

(m) A request for public hearing, made pursuant to (l)(2) above, shall identify the issues, including but not limited to:

(1) Requests for waivers of any listed criteria, if any; and

(2) Objections to the commission staff's report, if any.

(n) The commission shall grant the request for public hearing and provide notice of same by publication of an order published in a newspaper of local circulation in the affected geographic area.

(o) If, based on the evidence presented at hearing, the commission determines that the proposed site meets the criteria or that a waiver of the criteria is warranted, it shall issue an order designating the payphone as a PIP.

(p) The commission shall compensate ELECs for providing PIPs from the fund created by RSA 374:22-q, I.

(q) Upon receipt of a request from the location provider to remove a PIP, the commission shall remove the PIP designation immediately, whereupon:

(1) The ELEC operator of the PIP shall provide clear and conspicuous notice of the change in designation on the PIP itself; and

(2) Such notice shall include the toll-free number of the commission's consumer affairs division and the commission's web site address.

(r) Subsequent to the designation of a PIP, any party may petition, or the commission may initiate a proceeding, for the removal of the PIP designation of any payphone, pursuant to the following process:

(1) A petition for removal shall detail the reasons the PIP no longer meets the criteria listed in (c) above;

(2) The petitioner for removal shall send a copy of the petition to the original petitioner for the PIP designation;

(3) The commission shall serve the order of notice upon the petitioner and all parties to the original PIP designation case;

(4) The petitioner for removal shall publish the order of notice pursuant to Puc 203.01, but shall publish the notice in the form of an advertisement rather than as a legal notice; and

(5) Prior to the public hearing, the commission's staff shall conduct an investigation and submit a report pursuant to the process described in (h) above.

N.H. Admin. Code § Puc 405.07

#8348, eff 5-10-05 (See Revision Note #1 at chapter heading for Puc 400); ss by #10542, eff 3-12-14 (See Revision Note #2 at chapter heading for Puc 400)

Ss by #10542, eff 3/12/2014 (See Revision Note #2 at chapter heading for Puc 400).