Government and People
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The following provisions are to proposed to be adopted as the New Chapter 6 of Title 15 of the DC Municipal Regulations (D.C.M.R.).
Chapter 6: Pay Telephone
600 Pay Telephone Provider Certification
600.1 A Pay Telephone Service Provider (PSP) seeking to provide pay telephone services within the District of Columbia (District) shall be certified by the Public Service Commission of the District of Columbia (Commission).
600.2 A Pay Telephone Certification Application may be obtained from the Commission's Office of Consumer Services
600.3 The completed Application shall contain
600.4 The Application shall be executed by an officer of a corporation, a partner of a partnership, a designated agent of the owner, or by a sole proprietor.
600.5 The completed Application shall be accompanied by a non-refundable check or money order in the amount of $50.00, payable to the D.C. Treasurer.
600.6 All filings to the Commission concerning pay telephones shall be by hand delivery, certified mail or first class mail to the Commission's Office of Consumer Services.
600.7 Upon receipt of a completed Application, the Commission shall certify the PSP and issue the PSP a certification number.
600.8 A PSP certification may not be sold, assigned or otherwise transferred.
601 Cancellation of Certificate
601.1 The Commission may cancel a PSP's certification, after providing the PSP notice and an opportunity to be heard, for any of the following reasons:
601.2 The Commission shall notify the PSP by certified mail that it proposes to cancel the certificate, specifying the reason(s) for the cancellation.
601.3 The PSP shall be given thirty (30) days from the date of the notice to respond in writing.
601.4 The Commission shall notify the PSP of its decision by certified mail.
601.5 Upon cancellation of a PSP's certification, the PSP shall immediately terminate service and, within sixty (60) days, remove its pay telephone(s), or transfer of its registered pay telephone to another certified PSP in accordance with §§607.1-607.5 of these Rules.
602 Withdrawal of Certificate
602.1 A PSP may withdraw its certification by notifying the Commission in writing.
602.2 The withdrawal notice shall indicate the location(s) of all of the PSP's payphone(s), if any, and the effective date of the withdrawal.
602.3 The withdrawal notification shall specify the PSP's plans for terminating service and the removal of the pay telephone(s) or its plans for transferring the PSP's registered pay telephones to another certified PSP in accordance with §§607.1-607.5.
603 Pay Telephone Registration
603.1 A PSP shall not install and or operate a pay telephone in the District until the instrument is registered with the Commission.
603.2 Pay Telephone Registration Applications shall be submitted for each proposed pay telephone.
603.3 Each Registered Application shall indicate the proposed site of the pay telephone and whether the pay telephone is located on public or private space.
603.4 If the proposed pay telephone location is on public space, the application shall contain a copy of the public space permit for that location issued by the Department of Public Works.
603.5 The Registration Application shall be executed by an officer of the corporation, a partner in the case of a partnership, a designated agent of an owner, or a sole proprietor.
603.6 Each completed Registration Application shall be accompanied by a non-refundable check or money order in the amount of $25.00, payable to the D.C. Treasurer.
603.7 Prior to the Commission's approval of a Registration Application, the Commission shall notify, in writing, the Advisory Neighborhood Commission (ANC) Chairperson, the Single Member District Commissioner, and the Police District for the area in which the pay telephone is to be located, as well as the Office of the People's Counsel that the Commission intends to take action on the pending application.
603.8 Any interested party may submit in writing an opposition to a proposed pay telephone registration application within ten (10) business days.
603.9 An opposition shall state the proposed location of the pay telephone and the specific grounds upon which the registration application is opposed.
603.10 The Commission Secretary shall serve a copy of an opposition on the PSP seeking to register the pay telephone.
603.11 If an opposition to the proposal to locate a pay telephone is filed, the Commission shall initiate an investigation and schedule the matter for an informal hearing.
603.12 The Commission shall approve the registration of the pay telephone within fifteen (15) days unless a written opposition to the pay telephone installation is filed with the Commission.
603.13 Notwithstanding any other provision of these rules, the Commission, in order to protect the health, safety and welfare of the citizens of the District of Columbia, may reject any request for registration of a pay telephone, or may approve any registration subject to conditions imposed on the operation of the pay telephone.
604 Two Year Registration Renewal
604.1 Pay telephone registrations shall be renewed every two (2) years.
604.2 PSPs shall submit a completed Pay Telephone Registration Renewal Form, which may be obtained from the Commission's Office of Consumer Services, by March 31 of the appropriate year.
604.3 The completed Renewal Form shall list the telephone number(s), registration number(s) and location for the existing pay telephone(s).
604.4 Each completed Renewal Form shall be accompanies by a $25.00 non-refundable fee payable by check or money order, to the D.C. Treasurer.
604.5 Failure of a PSP to submit the completed Renewal Form and fee shall result in suspension of service to the pay telephone(s) until such time as the registration is renewed.
605 Installation and Removal
605.1 A pay telephone shall be installed within ninety (90) days after receiving approval by the Commission unless the PSP can show good cause, in writing, for delaying installation.
605.2 Failure to install the pay telephone within ninety (90) days may result in the Commission's withdrawal of its approval.
605.3 The PSP shall notify the Commission, in writing, within seven (7) business days after the date of installation of a pay telephone.
605.4 A pay telephone shall not be installed in an alley.
605.5 PSPs shall make reasonable efforts to ensure that pay telephones are located in areas that provide adequate lighting during the hours of darkness.
605.6 A PSP shall notify the Commission in writing at least ten (10) business days prior to removing a pay telephone.
605.7 Removal of a pay telephone shall include the telephone, the pedestal and any associated components, equipment or materials at the location.
605.8 If the Commission directs a PSP to remove a pay telephone, removal shall occur within fifteen (15) days from the date of receipt of the Commission's notification letter.
605.9 If after being directed to do so, a PSP fails to remove a pay telephone, the Commission shall notify the PSP by certified mail that it shall suspend service at the PSP's other pay telephones until the PSP complies with the Commission's directive.
606 Pay Telephone Services
606.1 All pay telephones shall provide the following operational characteristics
606.2 Pay telephones shall display prominently the following information:
606.3 Existing pay telephones shall have sixty (60) days from the date these rules are adopted to display registration number(s).
606.4 Pay telephones found to be associated with illegal purposes may be subject to termination or alteration of service.
606.5 Pay telephones shall be connected to one local exchange carrier and only one pay telephone per line shall be permitted.
606.6 Pay telephones shall comply with generally accepted telecommunications industry technical standards, the current National Electric Code and National Electrical Safety Code.
606.7 PSPs shall adequately maintain their pay telephones at all times.
606.8 PSPs shall make every reasonable effort to ensure that current telephone directories for the District of Columbia are available at the site of each pay telephone.
606.9 A PSP not in compliance with these rules shall be notified by certified mail to bring its pay telephone into compliance within thirty (30) days.
606.10 The PSP shall notify the Commission in writing as to what actions have been taken to bring the pay telephone into compliance with the pay telephone service requirements.
606.11 Failure by a PSP to bring the pay telephone(s) into compliance with the requirements of this section shall subject its pay telephone to suspension of service for no more than one hundred-twenty (120) days, and if after the suspension period the instrument has not been brought into compliance service shall be terminated and the telephone removed.
607 Transfer of Ownership of Registered Pay Telephones
607.1 PSPs shall not transfer ownership of registered pay telephones without the Commission's prior approval.
607.2 Pay telephones may be transferred only to PSPs that have been granted a certification by the Commission to provide pay telephone service in the District in accordance with §600.
607.3 A Pay Telephone Transfer of Ownership form may be obtained from the Commission's Office of Consumer Services.
607.4 The Transfer of Ownership form must be executed by an officer of a corporation, a partner of a partnership, a designated agent of the owner, or by a sole proprietor for each party to the transfer.
607.5 Each completed transfer of ownership form shall be accompanied by a $25.00 non-refundable check or money order payable to the D.C. Treasurer.
607.6 The transferee shall adhere to any conditions on the operation of pay telephones imposed on the transferor.
608 Complaint Process for Existing Pay Telephones
608.1 A complaint made about an existing pay telephone(s) alleging that the pay telephone(s) is in violation of the Commission's Pay Telephone rules or regulations of this Chapter, shall be submitted to the Commission outlining the reason for the complaint and the address of the existing pay telephone(s).
608.2 Upon receipt of a complaint regarding an existing pay telephone, the Commission shall conduct an inspection of the existing pay telephone which is the subject of the complaint and the existing pay telephones in the surrounding area.
608.3 The Office of Consumer Services shall notify, by certified mail, any PSP not in compliance with the Pay Telephone Rules and direct the PSP to bring the pay telephone into compliance within thirty (30) days.
608.4 The PSP shall notify the Commission in writing as to what actions have been taken to bring the pay telephone into compliance.
608.5 Failure by the PSP to bring the pay telephone(s) into compliance within the thirty (30) days shall subject its pay telephone to suspension of service for no more than one hundred-twenty (120) days and, if after the suspension period the instrument has not been brought into compliance, service shall be terminated and the telephone removed.
609 Informal Hearing Process
609.1 The Commission's staff shall conduct an informal hearing, within sixty (60) days of its receipt of a complaint or opposition to a new pay telephone.
609.2 The Commission's staff shall make every reasonable effort to schedule informal hearings at times convenient to the public and the ISP.
609.3 Notice of the informal hearing shall be sent by certified mail to the Complainant, the owner of the existing or to be installed pay telephone, the Advisory Neighborhood Commission Chairperson and the Single Member District Commissioner of the community in which the instrument is located, the Office of the People's Counsel, and the Police District in which the instrument(s) is located or proposed to be located.
609.4 If there is an allegation that the pay telephone is associated with a pattern of illegal activity, the Commission shall make every effort to obtain comments from the Police District.
609.5 The burden of going forward shall be on the Complainant or the Opposing Party.
609.6 The Commission may reschedule any informal hearing upon notice to the parties, and for good cause shown by a party to the matter.
609.7 If a party fails to attend two (2) scheduled informal hearings, without first providing to the Commission written notice showing good cause as to why it cannot attend, at least twenty-four (24) hours prior to the dates of the hearings, the Commission may hear and consider the views of the attending party, consider any prior written views of the Complainant, evaluate any other information available at that time, and, if appropriate, the Commission may require that certain restrictions be placed on the pay telephone, suspend service or terminate service.
609.8 If the complaint is resolved informally, the parties shall sign a settlement agreement that specifies its terms in detail and that the parties have resolved the matter.
609.9 If the complaint is not resolved informally, the Commission shall set the matter for formal hearing.
610 Formal Hearing
610.1 The Commission shall schedule a formal hearing to take place within thirty (30) days of the date of the informal hearing for both complaints and oppositions in the following situations.
610.2 A formal hearing shall be scheduled within seven (7) business days after referring the complaint or opposition to a formal hearing.
610.3 The Secretary of the Commission shall provide notice of a formal hearing by first-class certified mail, at least ten business days prior to the hearing, to the Complainant or Opposing Party, the PSP, the business owner at the location of the pay telephone, the Advisory neighborhood Commission Chairperson and Single Member District Commissioner of the community in which the instrument is located or would be located, the Office of the People's Counsel, and the local Police District, if the complaint alleges that the pay telephone is associated with illegal activities.
610.4 The notice shall state the availability of the Office of the People's Counsel to assist and or represent the Complainant or Opposing Party.
610.5 The Commission shall designate a Hearing Officer to conduct the formal hearing.
610.6 The Hearing Officer may reschedule any formal hearing upon notice to the parties, or for good cause shown by a party to the matter.
610.7 If a Party fails to attend a scheduled formal hearing, without twenty-four (24) hours prior notice and good cause shown, the hearing Officer may dismiss the matter, hear evidence and render a decision or, at his/her discretion, reschedule the hearing within ten (10) business days.
610.9 The parties may appear at the formal hearing pro se or be represented by counsel.
610.10 If there is an allegation that the pay telephone is associated with a pattern of illegal activity, the Commission staff shall make every effort to have a representative from the Police District appear at the meeting.
610.11 Parties may examine any relevant records of the Commission.
610.12 Parties shall have the right to present evidence, call witnesses, and present written and oral argument.
610.13 Witnesses shall testify under oath, and the parties and the Hearing Officer shall have the right to question all witnesses.
610.14 The Hearing Officer shall have the discretion to limit any line of questioning and limit the time for argument.
610.15 The Hearing Officer shall give great weight to the testimony of a member of the Metropolitan Police Department.
610.16 Unless otherwise ordered by the Hearing Officer, the Complainant's, or Opposing Party's, witnesses shall testify first.
610.17 All Parties shall be provided a reasonable opportunity to present rebuttal witnesses.
610.18 After all the Parties have completed their presentation of evidence, the Hearing Officer may call upon any witness for testimony upon any issue.
610.19 The Complainant or Opposing Party shall have the burden of proof, which shall be by a preponderance of the evidence.
611 Decisions and Appeals
611.1 The Hearing Officer shall render a decision within thirty (30) days after the conclusion of the formal hearing.
611.2 Any party may appeal the Hearing Officer's decision to the Commission within ten (10) business days of personal service or twelve (12) business days of service by mail of the decision.
611.3 The appeal shall be signed by the party, identify the decision appealed, and specify the grounds upon which the appeal is based.
611.4 The Commission Secretary shall serve, personally or by first class mail, a copy of the appeal on the other party or parties on the day the appeal is filed.
611.5 The other party or parties shall file any response within five (5) business days of personal service or seven (7) business days of service by mail.
611.6 Within six (6) business days of the filing of an appeal, the Commission Secretary shall prepare the record for review by the Commission.
611.7 The Commission shall review and rule on the appeal no later than thirty (30) days after the record is submitted.
611.8 The Commission shall rule as follows
611.9 An appeal to the Commission shall stay the Hearing Officer's decision.
611.10 The decision of the Hearing Officer shall be final absent an appeal to the Commission.
611.11 Reconsideration or appear of a final Commission decision shall be pursuant to D.C. Code §§43-904 and 43-905.
612.1 Any of the rules and regulations contained in this Chapter may be waived by the Commission at its discretion. The Commission shall provide written notice of any such waiver.
Pay Telephone Service Provider any corporation, company, association, partnership or person engaged in the business of providing pay telephone service.
Pay Telephone a telecommunications device connected to a local exchange carrier that is designed to allow a customer to make telephone calls with a coin and/or credit card.
Preponderance of the Evidence that degree of relevant evidence which a reasonable mind, considering the record as a whole, would accept as sufficient to find a contested fact more probably true than untrue.
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