815-RICR — Division of Public Utilities and Carriers

Chapter 00 General Administration

Subchapter 00

815-RICR-00-00-1 Rules of Practice and Procedure

815-RICR-00-00-1 § 1.1 Purpose

It is the purpose of these rules to aid anyone who wishes to appear before the Rhode Island Division of Public Utilities and Carriers. It is the Division’s intention to be accessible and to make these Rules of Practice and Procedure clear and understandable for counsel and the general public. These rules and all issues not addressed in these rules are to be considered in light of R.I. Gen. Laws §§ 42-35-1 et seq. These rules govern only adjudicatory and rulemaking proceedings commenced after their effective date.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.2 Definitions

A.As used in these rules, except as otherwise required by the context:

1.“Administrator” means the Administrator of the Division of Public Utilities and Carriers.

2.“Applicant” means, in proceedings involving filings for permission or authorization which the Division may give under statutory or other authority delegated to it, the party on whose behalf the filings are made.

3.“Associate administrator(s)” means the Associate Administrator for Motor Carriers for matters involving carriers, and the Associate Administrator for Cable Television for cable television matters.

4.“Administration and operations officer” means the Administration and Operations Officer of the Division.

5.“Clerk” means the Commission clerk, appointed by the Public Utilities Commission pursuant to R.I. Gen Laws § 39-1-9, who also serves as clerk to the Division. For cases involving cable television or carriers, the appropriate Associate Administrator may serve as Clerk.

6.“Commission” means the Public Utilities Commission.

7.“Contested case” means a proceeding in which the legal rights, duties, or privileges of a specific party are required by law to be determined by the Division after an opportunity for hearing.

8.“Division” means the Division of Public Utilities and Carriers described in R.I. Gen. Laws §§ 39-1-2(4) and 39-1-3.

9.“Division counsel” means the representative of the Division, including but not limited to its legal counsel, participating in a proceeding before the Division.

10.“Ex parte” means communication outside of a hearing, in a pending proceeding, directly or indirectly, in connection with any issue of law or fact, between any person or party and the Administrator, Administration and Operations Officer, Associate Administrator(s) or Hearing Officer.

11.“Hearing officer” means an individual designated by the Administrator or Administration and Operations Officer to conduct hearings, pursuant to R.I. Gen. Laws § 39-1-15, whose recommended findings and decision, when approved by the Administrator or Administration and Operations Officer, have the same force and effect as findings and decision by the Administrator.

12.“Informal inquiry” or “Complaint” means an individual contact by a customer of a utility, applicant for service, or other person having business with a utility, asking for information, advice, or assistance from the Division concerning the individual’s rights, responsibilities or options as regard the utility.

13. “Interest” means, with respect to an issue or matter, persons or entities which have a similar point of view or who are likely to be affected by the proceeding.

14.“Intervenor” means a party who intervenes in a pending matter or proceeding by statutory right or by order of the Division on petition to intervene granted pursuant to the requirements of § 1.17 of this Part.

15.“Matter” or “proceeding” means the docket initiated by a filing or submittal or a Division notice or order.

16.“Participant” means any party or any person or entity admitted by the Division to limited participation in a proceeding.

17.“Party” means each person named or admitted or entitled as of right to be admitted as a party to a proceeding before the Division.

18.“Petitioners” means persons seeking relief, not otherwise designated in this section.

19.“Respondents” means persons subject to any statute or other delegated authority administered by the Division to whom an order or notice is issued by the Division instituting a proceeding or investigation on its own initiative.

20.“Rulemaking” means a proceeding for the purpose of promulgating rules and regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.3 The Division

A.Description and Organization

1.The Division of Public Utilities and Carries is a governmental body charged with the supervision and execution of all laws relating to public utilities and carriers and all regulations and orders of the Commission governing the conduct and charges of public utilities. These responsibilities include evaluating fitness and public convenience and necessity for motor, air, railway and water carrier services and competing providers of gas and electric service, fixing standards for utility service, witnessing the testing of measuring devices, ordering refunds to provide remedial relief, authorizing the issuance of securities, approving certain transactions between utilities, conducting investigations and holding hearings.

2.The Division is headed by an Administrator, appointed by the Governor to a six year term with the advise and consent of the Senate. It is staffed by accountants, engineers, engineering technicians, legal counsel, investigators, consumer specialists and clerical personnel.

B.Offices

1.The principal office of the Division is at Warwick, Rhode Island. All communications to the Division shall be addressed to the Division of Public Utilities and Carriers, 89 Jefferson Boulevard, Warwick, Rhode Island 02888, unless otherwise specifically directed.

C.Hours

1.The offices of the Division will be open Monday through Friday from 8:30 a.m. to 4:00 p.m. unless otherwise provided.

D.Public Information.

1.Access to public records shall be granted in accordance with the Access to Public Records Act, R.I. Gen. Laws § 38-2-1 et seq. Except where the Administrator, Administration and Operations Officer, Associate Administrator(s) or Hearing Officer directs otherwise, all pleadings, orders, communications, exhibits and other documents shall become matters of public record as of the day and time of their filing. Any claim of privilege shall be governed by the policy underlying the Access to Public Records Act, with the burden of proof resting on the party claiming the privilege.

2.Any party submitting documents to the Division may request a preliminary finding that some or all of the information is exempt form the mandatory public disclosure requirements of the Access to Public Records Act. A preliminary finding that some documents are privileged shall not preclude the Division from releasing those documents pursuant to public request in accordance with R.I. Gen. Laws § 32-2-1 et seq.

3.Claims of privilege are made by filing a written request with the Division. One copy of the original document, boldly indicating on the front page, “Contains Privileged Information - Do Not Release”, shall be filed with a specific indication of the information for which the privilege is sought, as well as a description of the grounds upon which the party claims privilege. Nine additional copies in which the privileged information is redacted shall be filed with the Clerk. If a document is filed electronically, it shall contain a statement that information has been redacted; however, the original document must be filed as delineated above.

4.The Clerk shall place documents for which privilege is sought in a secure, nonpublic file until the Administrator, Administration and Operations Officer, Associate Administrator(s) or Hearing Officer determines whether to grant the request for privileged treatment.

5.Any person, whether or not a party, may apply to the Division for release of the information, pursuant to the Access to Public Records Act.

6.Public records may be examined and/or copied at the offices of the Division from 8:30 a.m. to 4:00 p.m. on regular business days. No officially filed document shall be taken out of the offices except by the direction of the Division Clerk. Requests for information may be addressed to the Division of Public Utilities and Carriers, 89 Jefferson Boulevard, Warwick, Rhode Island 02888. A charge of $0.15 per page for copies and $15.00 per hour after the first half-hour (or whatever rate currently prevails pursuant to R.I. Gen. Laws § 38-2-4), for research and retrieval of documents, shall be assessed.

E.Ex Parte Communications

1.Except as permitted below, no person who is a party to or a participant in any proceeding pending before the Division, or the person’s counsel, employee, agent, or any other individual action on the person’s behalf, shall communicate ex parte with the Administrator, Administration and Operations Officer, Associate Administrator(s) or Hearing Officer about or in any way related to the proceeding, and the Administrator, Administration and Operations Officer, Associate Administrator(s) and Hearing Officer shall not request or entertain any such ex parte communications.

2.The prohibitions contained above do not apply to a communication from a party or participant or counsel, agent or other individual acting on the person’s behalf, if the communication relates solely to general matters of procedure or scheduling and is directed to the Clerk, the Division Counsel, representative or Hearing Officer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.4 The Clerk

A.Powers and Duties

1. The Clerk shall have the powers and duties granted pursuant to R.I. Gen. Laws § 39-1-10.

B.Authentication of Division Action

1.All orders of the Division shall be signed by the Administrator or the Administration and Operations Officer and may be authenticated either by the Clerk or by such other person as may be authorized by the Administrator, the Administration and Operations Officer or the Associate Administrator(s).

C.Filings with the Division

1.The filing of written applications, petitions, protests, motions, briefs, objections, complaints, notices, reports, utility contracts, agreements with affiliates, or amendments to such documents with the Division as required or allowed by these rules, by any rule, regulation, or order of the Division, or by any applicable statute, shall be made by delivering them to the Clerk within the time limit, if any, for such filing, by one of the following methods:

a.by hand-delivery; or

b.by United States mail or express delivery.

c.by electronically filing in the format prescribed by the Clerk. Electronic filings must be supplemented by hard copies of the written materials, as directed by the Clerk, pursuant to § 1.9(G) of this Part; however, signature pages will be accepted by facsimile and incorporated into the docket.

D.The Docket

1.The Clerk shall maintain a docket of all proceedings, and each new proceeding shall be assigned an appropriate docket number after preliminary review. The docket shall be available for inspection and copying by the public during the office hours of the Division. If a portion of the docket has been judged proprietary by the Hearing Officer upon motion of any party in accordance with § 1.3(D) of this Part, it shall not be available for public inspection.

E.Hearing Calendar

1.The Clerk shall maintain a hearing calendar of all proceedings set for hearing.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.5 Appearances and Practice before the Division

A.Appearances

1.Each party to and participant in a proceeding, other than an individual who appears pro se, shall be represented by an attorney, who shall enter an appearance in writing with the Clerk.

a.Members of the Bar of the State of Rhode Island are eligible to practice before the Division.

b.Members of the Bar of a Federal Court or of the highest court of any State or Territory of the United States are eligible to practice before the Division subject to the provisions of Rhode Island Supreme Court Rules Article II, Rule 9 or any successor rule.

c.The Division counsel must be an attorney, or otherwise exempt from the unauthorized practice of law pursuant to R.I. Gen. Laws § 11-27-11(7).

2.Any person compelled to appear or voluntarily testifying or making a statement before the Hearing Officer may be, but shall not be required to be accompanied, represented, and advised by an attorney.

3.All attorneys appearing before the Division must conform to the standards of ethical conduct required of practitioners before the courts of Rhode Island. An attorney may not represent two or more parties unless the parties have substantially similar interests; provided, however, that in the event a conflict develops between the Division and the Attorney General in his or her capacity as counsel for the Division, the Division may engage independent counsel, or continue to utilize the service of the Department of Attorney General, in which case the Attorney General shall designate different Assistants or Special Assistants to represent the Division and the State or its citizens, respectively.

B.Suspension

1.After hearing, the Division may disqualify and deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to any person who is found:

a.not to possess the requisite qualification to represent others, or

b.to have engaged in unethical or improper professional conduct, or

c.otherwise to be not qualified.

2.Willful disobedience to an order of the Hearing Officer shall be grounds for exclusion of any person from such hearing and for summary suspension for the duration of the hearing(s) by the Hearing Officer.

C.Appearance of Present and Former Employees

1.No person who is an employee or legal consultant of the Division or the Department of the Attorney General may appear personally or on behalf of or represent any other person or act as an expert witness before the Division except in the performance of official duties.

2.No person having been so employed may, within one (1) year after employment has ceased, appear personally or on behalf of any other person or act as an expert witness before the Division.

3.§ 1.5(C)(2) of this Part shall not apply to any person whose employment has been solely as a technical consultant and/or expert witness, or to any employee or legal consultant to the Department of the Attorney General who has not engaged in the presentation or preparation of any matter before the Division

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.6 Informal Inquiries or Complaints

A.Form

1.No particular form of informal inquiry or complaint is required. Informal inquires or complaints may be made by letter, telephone, or in person. Pursuant to R.I. Gen. Laws § 38-2-2(D)(16) any final action taken will be deemed a public document, however, such final action does not thereby make the investigatory file leading up thereto public documents and such investigatory file is exempt from disclosure to non-parties.

B.Determination of Treatment

1.Unless otherwise directed by the Administrator, written inquiries or complaints not complying with § 1.9 of this Part, even if they designate themselves formal complaints, are and will be treated informally.

C.Process

1.Informal inquiries or complaints do not initiate formal procedures and do not exhaust administrative remedies unless all affected persons agree in writing to be bound by the informal decision. The Division staff will consider and investigate informal inquiries or complaints without prejudice to the right of the interested person to present the matter formally to the Division, unless all affected persons agree in writing to be bound by the informal decision. Settlement offers made in the course of informal inquires or complaints are privileged. Informal procedure is recommended and preferred for informal inquires or complaints. However, the Administrator may formally consider any informal inquiry or complaint presented to the Division.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.7 Formal Complaints

A.Form

1.A written complaint may be made against any public utility pursuant to R.I. Gen. Laws § 39-4-3, with regard to the subject matters designated in the statute by any city or town council, the Water Resources Board, any corporation, or by any twenty-five (25) qualified electors. A complaint filed by an individual or by less than twenty-five (25) qualified electors may, in the discretion of the Administrator, Administration and Operations Officer or Associate Administrator(s), be treated as a formal complaint.

B.Process

1.The Division shall determine whether or not the complaint states a cause of action within its jurisdiction. If so, the Division shall make whatever investigation it deems necessary or convenient to ascertain whether probable cause exists for the complaint. If the Division determines that a cause of action within its jurisdiction does not exist, or that probable cause is absent, it will so advise the complainant in writing. A public hearing on a formal complaint is not required unless an order affecting rates, tolls, charges, regulations, measurement, practices, acts or services complained of will be issued.

C.Hearing

1.If a public hearing is to be held, the Division will set a date and place for the hearing after having given ten (10) calendar days written notice of the complaint to all persons entitled to notice pursuant to § 1.12 of this Part and will inform the public pursuant to R.I. Gen. Laws § 42-46-6. Upon request by the city or town council for matters involving water rates, charges, potability, or accommodation of the public, the Division shall hold at least one session of the public hearing within the county where the city or town is located, pursuant to R.I. Gen. Laws § 39-4-7.

D.Satisfaction of Complaint.

1.If the respondent desires to satisfy the complaint, a written statement of the relief which the respondent is willing to provide shall be filed with the Division and contemporaneously served upon the complainant. Upon acceptance of this offer by the complainant and notice to the Division, the complaint shall be dismissed. If there is a partial settlement of the case with dismissal in part, the complainant may proceed with the remaining issues.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.8 Division Investigations

A.Notice

1.An investigation initiated by the Division sua sponte e.g., a summary investigation pursuant to R.I. Gen. Laws § 39-4-13, or upon written complaint made against any public utility by any city or town council, the Water Resources Board, any corporation, or by any twenty-five (25) qualified electors pursuant to R.I. Gen. Laws § 39-4-3, shall be commenced by written notice which, unless the circumstances of the investigation require otherwise, shall be served upon all public utilities, cable companies or person under investigation. The investigative notice shall be docketed in the same manner as other proceedings under these rules.

B.Hearing

1.The Division shall give the public utility or cable company and the complainant, if any, ten (10) calendar days notice of any hearing, pursuant to R.I. Gen. Laws § 39-4-5. All public hearings held pursuant to a Division investigation shall be conducted in accordance with these rules.

C.Payment of Investigation Expense by Utility

1.The public utility or cable company shall pay the expenses incurred by the Division in the investigation and hearing, unless exemption is granted by the Administrator.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.9 Formal Requirements as to Filings

A.Title

1.All filings with the Division in any proceeding shall clearly show, in the title, the names of all persons in whose behalf the filing is made. If more than one person is involved, a single name only need be included in the title of subsequent papers filed. All subsequent filings shall show the docket designation assigned by the Clerk.

B.Form and Size

1.All pleadings shall be typed or printed on paper 8.5” wide and 11” long. The impression may be on both sides of the paper and shall be double spaced. Footnotes and quotations may be single-spaced. Pleadings shall be fastened only on the left side; one copy shall be provided unbound. Reproductions may be made by any process provided that all copies are clear and permanently legible.

C.Signature

1.Except as may be otherwise required by the rules and regulations of the Division or ordered or requested by the Division, the original copy of each application, petition, protest, motion, objection, brief, notice, report, statement and other paper or amendment thereto, shall be signed by the party in interest, or by its attorney, as required by these rules, and shall show the office, address and telephone number of the same. In any filing, a copy may be substituted for the signed original as long as the signed original is submitted within ten (10) days thereafter. All other copies filed shall be fully conformed thereto.

D.Effect of Signature

1.The signature of the person, officer or attorney on any paper filed with the Division constitutes a certification by such individual that he or she has read the paper being subscribed and filed, and knows the contents thereof; that to the best of the signatory’s knowledge, information and belief formed after a reasonable inquiry, it is well grounded in fact and is warranted by existing law, and that it is not interposed for any improper purpose; that if executed in a representative capacity, the matter has been subscribed and executed in the capacity specified upon the pleading or matter filed with full power and authority to so do; that the contents are true as stated, except to matters and things, if any, stated on information and belief, and that those matters and things are believed to be true.

E.Construction

1.All pleadings shall be liberally construed and errors or defects therein which do not mislead or affect the substantial rights of the parties involved shall be disregarded.

F.Rejection of Pleadings and Documents

1Pleadings and documents which are not in substantial compliance with these or other Division rules, order of the Division, or applicable statutes may be rejected within thirty (30) calendar days after filing. If rejected, such papers will be returned with an indication of the deficiencies therein. Acceptance of a pleading or document for filing is not a determination that the pleading or document complies with all requirements of the Division and is not a waiver of such requirement.

G.Electronic Filing

1.§ 1.9(B) of this Part shall not apply to any pleadings which are filed electronically. The clerk shall establish requirements for the format and transmission of such documents. Parties will be obligated to provide hard copies as directed by the Clerk.

H.Confidential Information

1.Claims of privilege may be made pursuant to § 1.3(D) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.10 Time

A.Computation

1.Except as otherwise provided by law, in computing any period of time prescribed or allowed by any rule, regulation, or order of the Division, or by any applicable statute, the date of the act, event, or default from or after which the designated period of time begins to run shall not be included, but the last date of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday in Rhode Island, in which event the period shall run until the end of the next business day.

B.Extensions of Time.

1.Except as otherwise provided, whenever an act is required or allowed to be done at or within a specified time, the time specified may, for good cause, be extended by the Hearing Officer. Such a request must be made before the expiration of the period originally specified. Upon a request made after the expiration of the specified period the Hearing Officer may extend the specified time upon good cause and upon a showing of excusable neglect for failure to act within the specified period.

C.Continuances

1.Except as otherwise provided by law, the Hearing Officer may, for good cause at any time, with or without request, continue or adjourn any hearing. Division hearings shall begin at the time and place fixed in an order or a notice, but thereafter may be adjourned from time to time or from place to place by the Hearing Officer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.11 Service

A.Service Upon Parties

1.A copy of all pleadings and other documents filed in any proceeding governed by these rules shall be served upon all other parties. If a party appears after the original documents have been filed, a copy of all papers previously filed shall be furnished to such party on request. Service shall also be effected on any other person designated to receive service by the Administrator, the Administration and Operations Officer, the Hearing Officer or the Clerk.

B.Manner of Service

1.Unless otherwise ordered by the Administrator or the Hearing Officer, service under these rules shall be made upon a party or participant or upon his or her attorney, if an appearance has been entered, by first class mail, express delivery or hand-delivery to his or her place of business, or by electronic service if the parties agree that it is appropriate.

C.Receipt to Govern

1.In addition to the provision of § 1.10(A) of this Part, the time for response shall commence on the date of receipt by mail, express delivery, or hand delivery. By agreement, parties may use the date of facsimile transmission to comply with this Rule.

D.Certificate of Service

1.There shall accompany and be attached to the original of each paper filed with the Division in a proceeding a certificate of service, showing service on all parties.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.12 Notice

A.Notice Required

1.The Division shall give, or shall require any designated party to give, notice of the commencement of scheduled hearings in any pending matter to all parties and to such other persons as the Division designates. After commencement, a hearing may be adjourned upon oral notice to those present at the time of adjournment.

a.The Administrator may give, or may require any designated party to give, notice of an informational or record conference to all parties and to such other persons as the Administrator designates.

(1)Such notice is required for matters which have been docketed but not scheduled for hearing.

(2)The Division will follow the requirements of R.I. Gen. Laws § 42-46-6 for any informational or record conference which is not noticed under § 1.2(B) of this Part.

b.The Administrator may give notice of an informational or record conference, to the general public and other persons as the Administrator designates, for matters which have not been docketed. If such a conference is not noticed under subsection, the Division will follow the requirements of R.I. Gen. Laws § 42-46-6.

B.Form of Notice

1.Notice shall be by first class mail or personal service unless otherwise specified by the Administrator and shall be published in The Providence Journal-Bulletin or other newspaper of general circulation serving the affected ratepayers. Nothing herein, however, shall limit the power of the Administrator to order notice by other means, including but not limited to notice by publication or notice in periodic bills sent to utility customers.

C.Contents of Notice.

1.The notice shall include:

a.A statement of the time, place and nature of the hearing;

b.A statement of the legal authority and jurisdiction under which the hearing is held;

c.A reference to the particular section of any statutes and rules involved;

d.A short and plain statement of the matters involved. If at the time notice is given the Division or the party giving notice is unable to state the matters in detail which are to be the subject of the hearing, the initial notice may be limited to a statement of the issues involved and a detailed statement may be furnished at a later time; and

e.A statement that the Division is accessible to the handicapped, and that individuals requesting interpreter services for the hearing impaired must contact the Clerk seventy-two hours in advance of the hearing.

D.Period of Notice

1.Unless otherwise provided by statute, or unless the Administrator, Administration and Operations Officer, Associate Administrator(s) or Hearing Officer finds that a shorter period of notice is reasonable and consistent with the public interest, notice of a hearing shall be given at least ten (10) calendar days prior thereto.

E.Address

1.Unless notice to the contrary has been received by the Division, notice shall be sufficient if mailed or delivered to the following:

a.If the addressee is a holder of a certificate, permit or license, the address shown on the last application for the issuance or amendment thereof.

b.If the addressee has tariffs on file, to the address shown on any tariff in effect at the time of notice.

c.If an attorney has entered an appearance on behalf of the addressee, to the office of the attorney.

F.Notice Regarding Adoption of Rules

1.Prior to the adoption, amendment, or repeal of any rule, the Division will:

a.Give at least thirty (30) calendar days notice of its intended action. The notice shall include a statement of either the terms or the substance of the intended action or a description of the subjects and issues involved, and of the manner in which interested persons may present their views thereon. The notice will be mailed to all persons who have made timely requests to the Division for advance notice of its rulemaking proceedings, and published in The Providence Journal-Bulletin, provided, however, that if said action is limited in its applicability to a particular area, then said publication may be in a newspaper having general circulation in said area.

b.Afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing.

2.If the Division finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon less than thirty (30) calendar days notice, and states in writing the reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule. The rule so adopted may be effective for a period of not longer than one hundred twenty (120) calendar days. This procedure shall not preclude adoption of the identical rule once the notice requirements of § 1.12(F)(1) of this Part are met.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.13 Petitions

A.General

1.Petitions filed under any statute or other authority delegated to the Division shall be in writing, shall state clearly and concisely the petitioner’s interest in the subject matter, the facts relied upon, and the object of the petition, and shall cite by appropriate reference the statutory provision or other authority relied upon in the filing. Four (4) legible copies shall be filed with the original.

B.Petitions for Issuance, Amendment, Waiver or Repeal of Rules

1.A petition for the issuance, amendment, waiver or repeal of a rule by the Division shall, in addition to stating the specific rule, amendment, waiver, or repeal requested, state in detail with citations to appropriate references, the reasons for the requested action. Four (4) legible copies shall be filed with the original.

2.Upon submission of such a petition, the Division will within thirty (30) calendar days, either deny the petition in writing or initiate rulemaking procedures in accordance with R.I. Gen. Laws § 42-35-3.

C.Petitions for Declaratory Judgment

1.In addition to the requirements of subsection (a) above, a petition for declaratory judgment pursuant to R.I. Gen. Laws § 42-35-8 shall set forth the rule or statutory provision in question and shall state in detail, with appropriate citations, whether the rule or provision should or should not apply.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.14 Applications Relating to Securities

A.Contents

1.A public utility seeking to issue stocks, bonds, notes, or other evidences of indebtedness payable more than twelve (12) months from the date of issue, must obtain authorization from the Division pursuant to R.I. Gen. Laws § 39-3-15. Applications shall be in writing and under oath, shall state clearly and concisely the authorization sought, and shall comport with R.I. Gen. Laws § 39-3-17. In addition, the application shall include:

a.Written direct testimony and supporting exhibits, which shall include:

(1)an explanation of the proposed transaction, specifically addressing in detail:

(AA)any ratepayer impact; and

(BB)any unusual features which may have significant impact on the Division’s ability to regulate the utility;

(2)investment memoranda, prospectuses, information or registration statements or other documents to describe the transactions or potential funding sources (in cases where it is not practical to provide final versions of such documents, drafts may be submitted);

(3)a summary of the proposed contents of transaction documents, specifying:

(AA)terms and conditions of the transaction that are firm;

(BB)ranges for interest rates and dollar amounts involved in the transaction that are not firm.

(4)a summary of alternative terms and conditions of the transactions being negotiated, including interest rates, maturities, terms of call and restriction, necessity for security, manner of sale, issuance costs, and proposed purchasers.

(5)a present and proforma capital structure presentation, showing the effect of the security issuance.

b.Notice of the filing of the application relating to securities on the Department of the Attorney General.

c.Four (4) legible copies in addition to the original.

2.Rejection of Filings

a.An application relating to securities may be rejected if the utility’s annual reports to the Commission are not current and if the utility has not demonstrated good cause for its failure to make its annual filing when due.

3.Procedure Upon Receipt of Application

a.Upon docketing of an application relating to securities, the Administrator will assign a Hearing Officer to conduct a public hearing and render a recommended decision.

4.Public Notice of Filing

a.A utility filing an application relating to securities shall, at its expenses, publish notice of the filing in The Providence Journal-Bulletin or, with the approval of the Administrator, in a newspaper of general circulation in the county where the principal office of the utility is located, in the form prescribed by § 1.12(C) of this Part. The notice must appear at least once. The applicant shall ensure that an affidavit of publication is promptly filed with the Clerk upon publication of the notice.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.15 Applications for Certificates of Public of Convenience and Necessity

A.Form

1.Applications for certificates of public convenience and necessity shall be made in writing. Applications involving carriers must be submitted on forms which may be obtained from the Motor Carrier Section, Division of Public Utilities and Carriers, 89 Jefferson Boulevard, Warwick, RI 02888.

B.Procedure Upon Receipt of Application

1.Upon receipt of an application for a certificate of public convenience and necessity, the Administrator or Administration and Operations Officer shall assign a Hearing Officer to conduct the public hearing and render a recommended decision.

C.Public Notice of Filing

1.Upon the filing of an application for a certificate of public convenience and necessity the Division shall publish notice of the filing in The Providence Journal-Bulletin or in a newspaper of general circulation in the county where the principal office of the utility is located, in the form prescribed by § 1.12(C) of this Part. The notice will appear at least once. The Administrator may, at his or her discretion, order that the utility publish the notice itself and/or that the utility bear the expense of the publication.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.16 Emergency Relief

A.The Division has the power to permit any public utility to temporarily alter, amend, or suspend any existing rates, schedules, and orders relating to or affecting any public utility or part of any public utility, pursuant to R.I. Gen. Laws § 39-3-13. Such emergency relief may be sought by motion. An original and four (4) legible copies must be filed with the Clerk.

1.Contents

a.In addition to the usual contents of a pleading, the motion must allege such extraordinary facts of immediate and irreparable injury as would justify the Division’s exercise of discretion by granting emergency relief.

2.Testimony and Exhibits

a.The motion requesting emergency relief shall be accompanied by written testimony and exhibits in support of the motion.

3.Notice

a.Copies of the motion seeking emergency relief and the testimony and exhibits filed in support thereof shall be served upon the Department of Attorney General, and any other known parties.

4.Hearing

a.Motions for emergency relief other than emergency rate relief may be acted upon with or without hearing.

5.Bond

a.Emergency relief shall be granted subject to refund and may be conditioned upon a bond or other adequate protection.

6.Commission Review

a.Except with regard to those matters falling under R.I. Gen. Laws § 39-12-1 et seq, any relief granted by the Division must be reaffirmed by the Commission within ninety (90) calendar days.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.17 Intervention

A.Procedure

1.Participation in a proceeding as an intervenor may be initiated by order of the Hearing Officer upon a motion to intervene.

B.Who May Intervene

1.Subject to the provisions of these rules, any person with a right to intervene or an interest of such nature that intervention is necessary or appropriate may intervene in any proceeding before the Division. Such right or interest may be:

a.A right conferred by statute.

b.An interest which may be directly affected and which is not adequately represented by existing parties and as to which movants may be bound by the Division’s action in the proceeding. The following may have such an interest: consumers served by the applicant, defendant, or respondent and holders of securities of the applicant, defendant, or respondent.

c.Any other interest of such a nature that movant’s participation may be in the public interest.

C. Form and Contents of Motion

1.A motion to intervene shall set out clearly and concisely facts from which the nature of the movant’s alleged right or interest can be determined, the grounds of the proposed intervention, and the position of the movant in the proceeding.

D.Filing and Service of Motion

1.Except as otherwise provided, motions to intervene and notices of intervention may be filed at any time following the filing of an application, petition, investigation or other documents seeking Division action, but in no event later than the date fixed for the filing of motions to intervene in any order or notice with respect to the proceedings issued pursuant to these rules, or, where no date is fixed for the filing of motions, the date of hearing, unless, for good cause shown, the Hearing Officer authorizes late filing. Service shall be made as provided in § 1.11 of this Part. Intervention other than as a matter of right may be granted with such limitations and/or upon such conditions as the Division shall determine.

E. Disposition of Motion

1.Unless the Hearing Officer denies a motion for leave to intervene, all timely motions to intervene not objected to by any party within ten (10) calendar days of service of the motion for leave to intervene shall be deemed allowed, provided that the Hearing Officer may, after notice and hearing, thereafter terminate the party status of any intervenor.

F.Late Intervention

1.Intervenors are granted party status and are bound by the agreements reached and orders entered in the proceedings prior to their intervention. The Division will not allow the broadening of issues unless the public interest requires it and no undue prejudice or hardship will result to other parties to the proceeding.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.18 Protests

A.General

1.Any person other than a party who objects to the approval of an application, petition, motion, or other matter which is, or will be, under consideration by the Division may file a protest. No particular form of protest is required, but the letter or writing should contain the name and address of the protestant and a concise statement of the protest. If possible, four (4) legible copies of the protest should be forwarded to the Division with the original. The Clerk shall serve copies of all protests filed upon all parties.

B.Effect of Protest

1.A protest is intended solely to alert the Division and the parties to a proceeding of the fact and nature of the protestant’s objections to an application, petition, or any other proposed action and does not become evidence in the proceeding. The filing of a protest does not make the protestant a party to the proceedings.

C. Motor Carrier Protests

1.In all matters before the Motor Carrier Section of the Division, the following special protest rules shall apply:

a.A protest filed with the Administrator, against the granting of an application, shall set forth specifically the ground or grounds upon which it is made and shall contain a concise statement of the interest the protesting party has in the proceeding. A protest shall be filed in writing within seven (7) calendar days after notice of the filing has been given to the public by legal notice in The Providence Journal-Bulletin. A copy of any protest filed with the Administrator under this rule shall be served simultaneously upon the applicant.

b.Protestants who have satisfied the requirements of § 1.18(C)(1) of this Part shall be treated as intervenors and accorded all appropriate rights.

c.Protestants who are represented by legal counsel shall file with the Administrator, at least three days prior to the scheduled hearings, direct testimony in the form prescribed by § 1.23(D) of this Part, to be proffered by the protestants at the hearing. A copy of the prefiled testimony shall be served upon the applicant simultaneously by certified mail. The requirements of this paragraph may be waived at the discretion of the Hearing Officer.

d.Protestants filing direct testimony shall make the witness whose testimony has been prefiled available at the hearing for cross-examination. A protestant may elicit rebuttal testimony from the witness through oral examination.

e.Members of the general public wishing to be heard at Motor Carrier proceedings shall be allowed to voice their opinions on the record. These witnesses shall be limited to five minutes of testimony, or more at the discretion of the Hearing Officer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.19 Motions

A.General

1.Other than oral motions made during a hearing, any application to the Division to take any action or to enter any order after commencement of a proceeding or after commencement of an investigation by the Division shall be made by filing and original and four (4) legible copies with the Clerk, stating specifically the grounds therefore, setting forth the action or order sought, and shall be served upon all parties.

B.Movant’s Certification

1.The movant shall make a good faith effort to determine whether a motion will be opposed. If the motion will not be opposed, the movant shall so state in the motion. Opposed motions shall state affirmatively that concurrence of other parties has been requested but denied, or shall state why no request for concurrence was made.

C.Delay in Proceeding

1.Except as otherwise directed by the Hearing Officer, the filing of a motion, either prior to or during any proceeding, and any action thereon, shall not delay the conduct of such proceeding.

D.Objections

1.Any party objecting to a written motion filed pursuant to this rule shall, within ten (10) calendar days of the service of the motion, file an objection thereto in writing setting forth in detail the grounds for the objection. The time for filing objections may be varied by order of the Administrator.

E.Summary Disposition

1.Any party may file a motion for summary disposition of all or part of any matter pending before the Division. If the Hearing Officer determines that there is no genuine issue of fact material to the decision, summary disposition of all or part of the matter may be granted.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.20 Pre-Hearing Procedure

A.General

1.It is the policy of the Division to encourage the use of pre-hearing conferences in complex or multi-party proceedings as a means of making more effective use of hearing time and to otherwise aid in the disposition of the proceeding or the settlement thereof.

2.The Division may, with reasonable written notice, require that all parties attend a pre-hearing conference for the purpose of formulating and simplifying the issues in the proceeding or addressing other matters that may expedite orderly conduct and disposition of the proceeding. Such matters may include but are not limited to:

a.details of the procedural schedule;

b.the necessity or desirability of amendments to the pleadings;

c.the possibility of obtaining admissions of fact and documents which will avoid unnecessary proof;

d.limitations on the number of witnesses or time allocated to particular witnesses or issues at the hearings;

e.procedures at the hearing;

f.the compilation of a stipulated list of written testimony and exhibits to be admitted at the hearing;

g.the consideration of outstanding motions;

h.the status of any settlement negotiations and, if appropriate, identification of any interest in and resources to support professional assistance therewith or other alternative means of dispute resolution;

i.agreements to modify the time for or method of transmitting and responding to discovery requests and for service of other documents.

B. Attendance.

1.All parties shall attend the pre-hearing conference fully prepared for a productive discussion of all matters and fully authorized to make commitments or take positions. Preparation should include advance study of all material filed and materials obtained through formal and informal discovery and, if feasible, advance informal communication among the parties to ascertain the extent to which the parties will be able to agree upon the pending matter.

2.Failure of any party to attend or be prepared for a pre-hearing conference without good cause shown shall constitute a waiver of any objection to any agreement reached or to any order or ruling made as a result of the conference.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.21 Discovery

A.General

1.The Division favors prompt and complete disclosure and exchange of information and encourages informal arrangements amongst the parties for this exchange. Further, it is the Division’s policy to encourage the timely use of discovery as a means toward effective presentations at hearing and avoidance of the use of cross-examination at hearing for discovery purposes.

2.Techniques of pre-hearing discovery permitted in state civil actions may be employed by any party. Upon experiencing any difficulties in obtaining discovery, the parties may seek relief from the Division by filing a proper motion.

B.Depositions

1.The testimony of any witness may be taken by deposition at any time before the hearing is closed. Objection to the deposition, if any, shall be made in accordance with § 1.19 of this Part.

2.The deposition shall proceed in the same manner and pursuant to the same procedures as govern depositions in the Superior Court in the State of Rhode Island.

C.Data Requests

1.In any proceeding pending before the Division, the Division staff and any party may request such data, studies, workpapers, reports, and information as are reasonably relevant to the proceeding and are permitted by these rules or by statute.

2.Data requests shall be in writing, shall be directed to the party or its attorney, and shall specify in as much detail as possible the material requested. Oral data requests may be allowed at the Hearing Officer’s discretion when made on the record during a hearing. Any requested material or portion thereof to which objection is not made as set forth below shall be produced for the requesting party as soon as practicable and in no event later than twenty-one (21) calendar days after service of the request, unless the time for production is otherwise shortened or extended by agreement or order.

3.Objection to a data request in whole or in part on the ground that the request is unreasonable and/or the material is not relevant or not permitted or required by law shall be made by motion filed as soon as practicable and in no event later than ten (10) calendar days after service of the request. An oral objection may be made at a hearing when the Hearing Officer has allowed an oral data request. Objections shall include the portions of the data request objected to and shall detail the basis for the objection. The Hearing Officer shall thereupon determine the validity of the request and shall establish a date for compliance. The relevancy of a request shall be determined under the standards established for such determinations under Rule 26 of the Superior Court Rules of Procedure.

4.The failure of a party to comply with a data request or a Division order related thereto shall be grounds for striking any testimony related to such request.

5.Copies of all data requests shall be served on all parties. In addition, two copies of both requests and responses shall be filed with the Clerk.

6.Data requests and responses, though part of the docket, are not evidence unless admitted during a hearing, or by consent of the parties.

D.Supplementation of Responses to Discovery Requests

1.A party who has responded to a request for discovery is under a duty to reasonably and promptly amend or supplement the previous response if information supplied in the previous response is incorrect or incomplete.

E.Protective Orders

1.Upon motion by a party from whom discovery is sought and for good cause shown, the hearing officer may make an order when justice requires to protect the party from unreasonable annoyance, embarrassment, oppression, burden or expense or from disclosure of confidential business and financial information. If the motion for a protective order is denied in whole or in part, the hearing officer may order that the party provide or permit the discovery.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.22 Subpoenas

A.Issuance

1.Subpoenas for the attendance of witnesses or for the production of documentary evidence may be issued by any notary public pursuant to R.I. Gen. Laws § 9-17-3 or by the Administrator or Clerk pursuant to R.I. Gen. Laws § 39-1-15.

B.Service and Return

1.Return of service evidences service of a subpoena made by a Rhode Island sheriff or deputy sheriff. If service is made by another person, an affidavit describing the manner in which service was made, returned on or with the original subpoena, evidences service. In making service, a copy of the subpoena shall be shown to and left with the person to be served. The original subpoena, bearing or accompanied by the authorized return or affidavit, shall be delivered to the Clerk.

C.Fees of Witnesses.

1.Witnesses who are subpoenaed shall be paid fees as provided by the Superior Court Rules of Procedure.

D.Enforcement of Subpoena

1.All subpoenas issued in accordance with these rules may be enforced in accordance with R.I. Gen. Laws § 9-17-7.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.23 Hearings

A.Public Hearings

1.Except as permitted or required by law, or by order of the Hearing Officer with regard to matters exempt from disclosure under the Access to Public Records Act, R.I. Gen. Laws § 38-2-1, et seq., all hearings shall be public. The Hearing Officer may, however, limit the number of spectators and participants to the extent that safety and good order require. The Hearing Officer may also effect or bar the admission of any person who disrupts or threatens to disrupt a public hearing.

B.Site

1.All hearings shall be held in Warwick at the office of the Division, unless by statute or order of the Administrator a different place is designated.

C.Hearing Officer

1.The hearing shall be conducted by a Hearing Officer. The Hearing Officer, if a notary public, the court stenographer, or the Clerk may administer oaths and affirmation. The Hearing Officer shall make all decisions regarding the admission or exclusion of evidence or any other procedural matters which may arise in the course of the hearing. At any point where the Hearing Officer’s impartiality is reasonably questioned, the Hearing Officer is required to disqualify himself or herself.

D.Rights of Parties

1.Parties shall have the right to present evidence, cross-examine witnesses, object, file motions, and present arguments.

E.Direct testimony.

1.All direct testimony shall be presented in writing, unless otherwise allowed by the Hearing Officer. Written testimony, when properly authenticated by the witness under oath, may be transcribed into the record or admitted as an exhibit. Direct testimony shall be prefiled at least fourteen (14) calendar days prior to a scheduled hearing. The fourteen (14) day time limit may be waived upon agreement of the parties or order of the hearing officer.

2.Written testimony shall be prepared in question and answer form, numbering each line of text along the left-hand margin, if possible; shall contain a statement of the qualifications of the witness; shall be signed under oath; and shall be accompanied by any exhibits to which it relates. Such written testimony shall be subject to the same rules of admissibility and cross-examination of the sponsoring witness as if it were presented orally.

3.Cross examination of the witness presenting such written testimony shall proceed at the hearing at which it is authenticated if, not less than fourteen (14) calendar days prior to such hearing, service of the written testimony has been made upon each party, unless the Hearing Officer for good cause shall otherwise direct.

4.The filing and service of testimony and exhibits shall be made in accordance with the pre-hearing conference schedule, if any.

F.Rebuttal Testimony

1.All rebuttal testimony shall be presented in writing, unless otherwise allowed by the Hearing Officer. Written testimony, when properly authenticated by the witness under oath, may be transcribed into the record or admitted as an exhibit. Where time permits, rebuttal testimony shall be prefiled at least seven (7) calendar days prior to a scheduled hearing. Cross-examination of a witness presenting rebuttal testimony shall proceed at the hearing at which it is authenticated if, not less than seven (7) calendar days prior to such hearing, service of the rebuttal testimony has been made upon each party, unless the presiding officer for good cause shall otherwise direct.

G.Objections

1.When objections are made to the admission or exclusion of evidence before the Hearing Officer, the grounds relied upon shall be stated briefly. Formal exception to adverse rulings of the Hearing Officer is not necessary.

H.Number of Witnesses.

1.The Hearing Officer may limit the number of witnesses that may be heard upon any issue.

I.Further Evidence

1.At any stage of the hearing the Hearing Officer may call for further evidence upon any issue, and require such evidence to be presented by the party or parties concerned. At the hearing, the Hearing Officer may, if deemed advisable, authorize any participant to file specific documentary evidence as part of the record within a fixed time, expiring not less than ten (10) calendar days before the date fixed for filing and serving briefs. If requested by a party, cross examination of this material shall be permitted.

J.Exhibits

1.All exhibits shall, to the extent practicable, be marked for identification prior to commencement of the hearing. The parties are encouraged to stipulate to the admissibility of exhibits. Except as allowed by the Hearing Officer, no exhibit shall be marked for identification unless copies have been provided to all parties and the Hearing Officer. A list of the exhibits to be admitted by stipulation shall be prepared by the parties for the convenience of the stenographer and the Hearing Officer.

K.Position Memoranda

1.If any party opposing the application or any portion thereof shall elect not to file testimony, it shall nevertheless file a memorandum which shall summarize the basis for the opposition, and, if applicable, as to each aspect of the applicant’s case which is opposed, shall state to the extent possible the monetary difference between the applicant’s position and that of the opponent.

L.Stenographic Record

1.Formal hearings shall be stenographically reported by the official reporter of the Division unless the Hearing Officer orders that an individual hearing will be recorded in another manner, selected by the Hearing Officer A transcript of the hearing shall be a part of the record. Such transcripts shall include a verbatim report of the hearing and nothing shall be omitted therefrom except as is directed on the record by the Hearing Officer. Any person may record, with prior notice to the Hearing Officer and parties, all or any portion of a hearing by way of camera, video or tape recorder of any kind.

2.If a hearing is closed by order of the Hearing Officer, the transcript or recording thereof shall be treated as a document exempt from disclosure under the Access to Public Records Act, R.I. Gen Laws § 38-2-1 et seq., and only those persons authorized to be present may independently record the proceedings.

M.Close of Record.

1.The record in a proceeding shall close at a time set by the Hearing Officer. The proceedings are not automatically closed at the end of testimony unless ordered by the Hearing Officer. Following the date the proceedings are ordered closed by the Hearing Officer, there shall not be received in evidence or considered as part of the record any document, letter or other evidence submitted, unless permitted in the discretion of the Hearing Officer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.24 Witnesses

A.Oral Examination

1.Witnesses shall be examined orally unless the testimony is taken by deposition as provided in § 1.21 of this Part, or the facts are stipulated or testimony is submitted in prepared written form as provided in § 1.23(E) of this Part. Witnesses whose testimony is to be taken shall be sworn, or shall affirm, before their testimony shall be deemed evidence in the proceeding or any questions are put to them.

B.Privilege Against Self-incrimination

1.Pursuant to R.I. Gen. Laws §§ 39-4-21 and 39-12-34, no person shall be excused from testifying or producing any materials in any investigation or hearing on the ground that such testimony or materials would tend to incriminate him or her.

C.Expert Witnesses

1.Written testimony of an expert witness may be received as provided in § 1.23 of this Part, where properly supported by the oral testimony of its author on direct examination, subject to cross-examination and motions to strike.

D. Acceptance Subject to Check

1.When a witness accepts a proposition “subject to check”, it is the burden of the party offering the witness to correct the record if subsequent study reveals that the witness erred in accepting the proposition. If the area is not explored further in the proceeding, a witness’ statement accepting the proposition “subject to check” will be treated as though the witness had accepted the proposition without reservation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.25 Rules of Evidence - Official Notice

A.Rules of Evidence

1.Irrelevant, immaterial or unduly repetitious evidence shall be excluded in all proceedings wherein evidence is taken. While the rules of evidence as applied in civil cases in the Superior Court of this state shall be followed to the extent practicable, the Division shall not be bound by technical evidentiary rules. Evidence not otherwise admissible may be submitted, unless precluded by statute, when necessary to ascertain facts not reasonably susceptible of proof under the rules, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The rules of privilege recognized by law shall apply. Objections to evidentiary offers may be made and shall be noted in the record.

B.Exhibits, Copies

1.In all cases wherein evidence is taken, documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.

C.Administrative Notice

1.In all proceedings wherein evidence is taken, notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.26 Transcripts

A.Availability in Public Hearings

1.If a hearing is stenographically recorded in accordance with § 1.23(l) of this Part, any party other than the Division who requests and receives transcripts shall pay the specified costs to the official reporter. If such receipt is earlier than the date on which the Division would otherwise receive transcripts, the reporter shall deliver the Division’s copy to the Division on the earlier date.

B.Corrections

1.Corrections in the official transcript may be made only to make it conform to the evidence presented at the hearing. Transcript corrections agreed to by opposing attorneys may be incorporated into the record, if and when approved by the Hearing Officer, at any time during the hearing, or after the close of evidence, but not more than thirty (30) calendar days from the date of receipt of the transcript, unless time is shortened by the Hearing Officer. The Hearing Officer may call for the submission of proposed corrections and may make disposition thereof at appropriate times during the course of the proceeding.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.27 Stipulations and Settlement Offers

A.Stipulations

1.The parties may stipulate as to any relevant matters of fact or the authenticity of any relevant documents. Such stipulations may be received in evidence at a hearing, and when so received in evidence at a hearing, shall be binding on the parties with respect to the matters therein stipulated.

B.Settlement Offers

1.Any party to a proceeding may submit an offer of settlement at any time. The offer must be filed with the Clerk, who will transmit the offer to the Hearing Officer. An offer of settlement must include:

a.the signed settlement offer;

b.an attestation by signatories that the settlement is reasonable, in the public interest, and in accordance with law and regulatory policy.

2.Settlement agreements reached at a very early stage in a proceeding, before the establishment of an adequate evidentiary basis, must be supported by the proponent placing the details of the agreement into the record, including its underlying rationale. The Hearing Officer will determine whether this is appropriate on a case by case basis.

3.The failure of all parties to agree to or execute a settlement document should not be fatal to an otherwise reasonable settlement. However, nonsignatory parties must have the right to fully present their evidence and legal arguments and cross-examine all pertinent witnesses of other parties, for the purpose of presenting and litigating the contested issues. A party who does not sign settlement documents may not defeat or challenge a settlement simply by refusing to sign the document.

4.If the Hearing Officer determines that any offer of settlement is contested in whole or in part by any party, the Hearing Officer may decide the merits of the contested settlement issues, if the record contains substantial evidence upon which to base a reasoned decision, or the Hearing Officer determines there is no genuine issue of material fact.

a.If the Hearing Officer determines that the contested issues are severable from the offer of settlement, (s)he shall so inform the parties and, unless objected to by any party to the offer of settlement, the uncontested portions may be severed and decided upon a finding by the Hearing Officer that the settlement appears to be fair and reasonable and in the public interest. The Hearing Officer will not ever any contested issues; the resolution of which, in the judgment of the Hearing Officer or any party to the offer of settlement, would affect the offer of settlement as a whole or the underlying bargain of the parties thereto.

b.If the Hearing Officer finds that the record lacks substantial evidence or that the contested issues, cannot be severed from the offer of settlement, the Hearing Officer will establish procedures for the purpose of receiving additional evidence upon which a decision on the contested issues may reasonably be based.

5.The Hearing Officer is not bound by settlement agreements, and (s)he will independently review any settlement proposed to determine whether the settlement is just, fair and reasonable, in the public interest, or otherwise in accordance with law and regulatory policy. When a settlement agreement is presented for decision, the Hearing Officer may accept the settlement, reject the settlement, or state additional conditions under which the settlement will be accepted. If the Hearing Officer rejects the settlement or if the Hearing Officer’s conditional acceptance of the settlement is rejected by the parties to the settlement, the matter shall continue, as though no settlement had been presented, and the settlement shall be deemed withdrawn.

6.An offer of settlement that is not approved by the Hearing Officer is not admissible in evidence against any participant who objects to its admission. Any discussion of the parties with respect to an offer of settlement that is not approved by the Hearing Officer is not subject to discovery or admissible in evidence against any participant who objects to its admission.

C.Hearing on Settlement Offer

1.The Hearing Officer has discretion to conduct a public hearing on any settlement (s)he accepts. No separate public notice shall be required prior to such hearing.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.28 Briefs and Oral Argument

A.Briefs and Memoranda of Law

1.Unless requested by the Hearing Officer, no briefs or memoranda of law shall be filed.

B.Oral Argument

1.When time permits and the nature of the proceedings, the complexity or importance of the issues of fact or law involved, or the public interest warrants, the Hearing Officer may allow the presentation of oral argument, imposing such limits or time on the argument as deemed appropriate in the proceeding. Such argument shall be transcribed and bound with the transcript of the testimony.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.29 Reopening Proceedings

A.By Parties

1.At any time after the conclusion of a hearing in a proceeding, but before the issuance of a written order, any party to the proceeding may, for good cause shown, move to reopen the proceedings for the purpose of taking additional evidence. Copies of such motion shall be served upon all parties or their attorneys of record, and shall set forth clearly the facts claimed to constitute grounds requiring reopening of the proceedings, including material changes of fact or of law alleged to have occurred since the conclusion of the hearing, and shall in all other respects conform to the applicable requirements of §§ 1.9 through 1.12 of this Part, inclusive.

2.Within ten (10) calendar days following the service of such motion, or such shorter or longer time as the Hearing Officer shall order, any other party to the proceedings may object or shall be deemed to have waived any objections to the granting of such petition.

B.By the Hearing Officer

1.At any time prior to the issuance of the written order, after notice to the parties and opportunity to be heard, the Hearing Officer may reopen the proceeding for the receipt of further evidence.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.30 Division Orders

A.Written Orders

1.The Administrator or the Administration and Operations Officer will issue Division orders in writing in every proceeding. The timeliness of applications for rehearing and notices of appeal shall be calculated from the date the written order is issued.

B.Adjudication’s for Equal Access to Justice for Small Businesses and Individuals

1.Pursuant to R.I. Gen. Laws § 42-92-1 et seq., the Hearing Officer shall award reasonable litigation expenses incurred by the prevailing party in connection with certain adjudicatory proceedings, if the Hearing Officer concludes that there was no reasonable basis in fact and law for the Advocacy Section’s position. The following conditions must be met:

a.the adjudicatory proceedings must involve loss of benefits, the imposition of a fine, the suspension or revocation of a license or permit, or the compulsion or restriction of activities; and

b.the prevailing party just be either:

(1)an individual whose net worth is less than $500,000.00 at the time the adjudication is initiated; or

(2) an individual, partnership, corporation, association, or private organization doing business and located in the state, which is independently owned and operated, not dominant in its field, and which employs no more than 100 persons at the time the adjudication is initiated; and

c.the prevailing party must request reimbursement not later than thirty (30) days following the issuance of the written order, detailing:

(1)compliance with §§ 1.30(B)(1) and (2) of this Part; and

(2)the costs incurred in defending against the unreasonable adjudicatory proceedings, including, but not limited to, attorney’s fees and witness fees.

C.If found to the applicable, the Hearing Officer shall issue a supplementary order directing the Division to pay reasonable litigation expenses, as limited by R.I. Gen. Laws § 42-92-2(c).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.31 Relief from Order

A.Clerical Mistakes

1.Clerical mistakes in orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the Administrator at any time on his or her own initiative, or on motion of any party and after such notice as the Administrator orders. During the pendancy of an appeal, such mistakes may be so corrected before the appeal is docketed in the Superior Court and thereafter, while the appeal is pending, may be so corrected with leave of the Superior Court.

B.Mistake, Inadvertence, Excusable Neglect, Newly Discovered Evidence, Fraud, Other

1.On motion or sua sponte, and upon such terms as are just, the Administrator may relieve a party from a final order or proceeding for the following reasons:

a.Mistake, inadvertence, surprise, or excusable neglect;

b.Newly discovered evidence, which by due diligence could not have been discovered in time to move to reopen the proceedings under § 1.29 of this Part;

c.Fraud, misrepresentation, or other misconduct of an adverse party;

d.The order is void;

e.A prior order on which the order is based has been reversed or otherwise vacated, or it is no longer equitable that the order should have prospective application; or

f.Any other reason justifying relief from the operation of the order.

C.Time

1.A motion under §§ 1.31(A) or (B) of this Part above shall be made within a reasonable time not more than one (1) year after the order is entered. A motion under subsection § 1.31(B) of this Part does not affect the finality of an order or suspend its operation. This rule does not limit the power of the Administrator to entertain an independent action to relieve a party from an order or to set aside an order for fraud upon the Hearing Officer.

D. Motion for Reconsideration

1.Upon motion of any party made not later than ten (10) calendar days after the date of the Division order the Hearing Officer or Administrator may amend his or her findings or make additional findings and may amend the order accordingly.

E.Jurisdiction

1.The Division retains jurisdiction over all matters until an appeal is docketed in the Superior Court. Once an appeal has been docketed jurisdiction lies in the Superior Court and any request for relief must be made to the Superior Court.

2.Unless the Division acts upon a motion for reconsideration within fourteen (14) calendar days after the request is filed, the request is denied.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-1 § 1.32 Judicial Review

A.Appeal from Division Orders

1.Any person aggrieved by a written order of the Administrator may, within thirty (30) calendar days from the date of such order, file a complaint with the Superior Court pursuant to R.I. Gen. Laws § 42-35-15.

2.If a motion for reconsideration is filed in accordance with § 1.31(D) of this Part, computation of the time for appeal runs as follows:

a.If the motion is granted, from the date of the amended order

b.If the motion is denied, from the date of the order denying reconsideration.

c.If the Division takes no action on the motion for reconsideration, fourteen (14) calendar days after the filing of the motion for reconsideration, in accordance with § 1.31(E)(2) of this Part.

B.Judicial Review of Rules.

1.The validity or applicability of any rule may be determined in an action for declaratory judgment in the Superior Court of Providence County, when it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights and privileges of the plaintiff. The Division shall be made a party to the action.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-00-00-2 Access to Public Records

815-RICR-00-00-2 § 2.1 Authority

This Regulation is promulgated pursuant to R.I. Gen. Laws §§ 38-2-1, et seq. (“Access to Public Records”) and 42-35-2(a).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2010-08-05 to 01/04/2022
• Technical Revision — effective from 2010-08-05 to 08/05/2010
• Adoption — effective from 2010-08-05 to 08/05/2010

815-RICR-00-00-2 § 2.2 Purpose

A.The Purposes of this Regulation are:

1.To establish a Regulation to implement R.I. Gen. Laws §§ 38-2-1, et seq. and 42-35-2(a) relating to access to public records maintained by the Division.

2.To identify and delineate categories of records exempt from disclosure; and

3.To provide the public and Division personnel with a Regulation that sets forth the rules and procedures applicable to access public records maintained by the Division.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2010-08-05 to 01/04/2022
• Technical Revision — effective from 2010-08-05 to 08/05/2010
• Adoption — effective from 2010-08-05 to 08/05/2010

815-RICR-00-00-2 § 2.3 Policy

The Division recognizes both the public’s right to access public records and the individual’s right to dignity and privacy. It is the Division’s policy to facilitate public access to all public records that may be disclosed in accordance with R.I. Gen. Laws § 38-2-1, et seq. It is also the policy of the Division to make all public records in the Division’s possession available for public inspection and copying consistent with applicable State or federal law, unless otherwise prohibited by a court of competent jurisdiction.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2010-08-05 to 01/04/2022
• Technical Revision — effective from 2010-08-05 to 08/05/2010
• Adoption — effective from 2010-08-05 to 08/05/2010

815-RICR-00-00-2 § 2.4 Procedure for Requesting Public Records

A.Except as provided § 2.5 of this Part, a written request to inspect or copy public records should be sent to the Division’s Clerk or, in the alternative, to the Division’s Department of Legal Services at the address listed above. Written requests may be mailed, hand delivered, e-mailed or sent via facsimile. Hand delivered requests may be made during the Division’s regular business hours. It is suggested, but not required, that requests be submitted on the form provided by the Division, a copy of which is attached hereto as Exhibit A, § 2.9 of this Part, and titled “Request to Inspect and/or Copy Public Records”. In order to assure that the Division is able to respond to the request as efficiently and as completely as possible, the request should identify and describe the records being requested with as such specificity as possible. A written record of all requests will be maintained by the Division’s Clerk.

B.If the description of records being requested is not sufficient to allow the Division to identify and locate the requested records, the Division will notify the person requesting such records that additional information is needed in order to properly respond to the request.

C.Upon receipt of a request for records, the Division will mark on the face of a written request the date the request was received. The Division will make every reasonable effort to honor the request within ten (10) business days of receipt of the written request.

D.If it appears that the request can not be honored within ten (10) business days of receipt, the Division will use its best efforts to notify the requester of the status of the request within ten (10) business days. For good cause, the time to respond to the request may be extended for a period not to exceed thirty (30) business days, inclusive of the original ten (10) business days.

E.A written request is not required to be submitted when the request is for any of the following:

1.documents prepared for or readily available to the public;

2.rules and written statements of policy or interpretations formulated, adopted, or used by the agency; or

3.final orders, decisions, and opinions.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2010-08-05 to 01/04/2022
• Technical Revision — effective from 2010-08-05 to 08/05/2010
• Adoption — effective from 2010-08-05 to 08/05/2010

815-RICR-00-00-2 § 2.5 Hours of Inspections

When a request is made to inspect public records (as opposed to obtain copies), the requester will be advised when the records are available and he/she can then make an appointment to inspect those documents at the Division between the hours of 8:30 a.m. and 3:30 p.m. Monday through Friday. The time frame for the Division to respond to requests to inspect public records is the same as the time frame applicable to responding to requests for copies of public records as set forth above in § 2.4 of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2010-08-05 to 01/04/2022
• Technical Revision — effective from 2010-08-05 to 08/05/2010
• Adoption — effective from 2010-08-05 to 08/05/2010

815-RICR-00-00-2 § 2.6 Fees

A.Official publications which the Division prepares in the discharge of its duties to inform the public on matters of public interest will be furnished free of charge when available.

B.The Division will supply one (1) copy of any of its Rules and Regulations to an individual requesting them free of charge. Rules and Regulations of the Division are on file at the Office of the Secretary of State and certified copies thereof may be obtained from that office. Rules and Regulations of the Division are also available online from the Secretary of State’s website as well as the Division’s website.

C.The Division charges a fee for copying and/or search and retrieval of requested documents consistent with applicable State law. The Division charges $0.15 per copied page; provided however, if the response to the request consists of twenty (20) or fewer copied pages, no fee will be charged. If the response to the request consists of more than twenty (20) copied pages, there will be a charge of $0.15 for each page. The Division will charge $15.00 per hour for the search and retrieval time required to respond to a request, whether the request seeks copies of records or the right to inspect records; provided however, there will be no charge for the first hour of search and retrieval time. The Division will provide the requester with an estimate of the copying costs and search and retrieval costs prior to responding to the request. The Division however, will charge the actual fees for the number of copies and the actual cost for search and retrieval time if those are more or less than estimated. The Division reserves the right to require a deposit of the estimated costs if the estimated costs are $50.00 or more.

D.The cost of copying and search and retrieval as provided in § 2.6(C) of this Part must be paid in advance of or at the time of delivery or inspection of the requested documents.

E.Division personnel or, where applicable an outside copy service, will make copies of requested records. The Division does not have a copy machine available for use by the public to make copies.

F.The Division may utilize the form attached hereto as Exhibit B (“Response to Request to Inspect and/or Copy Public Records”) § 2.10 of this Part to respond to a request; provided however, in some instances it may be appropriate for the Division to write a letter addressed to the requester setting forth such additional information as deemed appropriate under the circumstances.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2010-08-05 to 01/04/2022
• Technical Revision — effective from 2010-08-05 to 08/05/2010
• Adoption — effective from 2010-08-05 to 08/05/2010

815-RICR-00-00-2 § 2.7 Supervision of Inspections

A.The inspection of public records must be accomplished in a manner which will provide for general supervision by authorized Division staff. This is necessary to prevent the misplacement or unauthorized removal of records or any other action which may impair the integrity of the public record.

B.The Division’s Clerk shall have overall responsibility for the security of the public record. However, the Division Clerk may seek assistance from a staff member(s) to coordinate the functions and responsibilities related to the copying and inspection of public records.

C.All Division personnel assisting in responding to requests for access to public records shall be made aware by their supervisors, of the provisions of this regulation and the procedures to be followed when an access to public records request is made. Division personnel having any questions regarding the procedures to be followed should direct inquiries to: The Division Clerk or the Division’s Chief Legal Counsel.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2010-08-05 to 01/04/2022
• Technical Revision — effective from 2010-08-05 to 08/05/2010
• Adoption — effective from 2010-08-05 to 08/05/2010

815-RICR-00-00-2 § 2.8 Severability

If any provision of this Regulation or the application thereof to any individual or circumstances is held invalid, such invalidity shall not affect the provisions or application of the remaining portions of the regulation which can be given effect. The provisions of these rules and regulations are declared to be severable.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2010-08-05 to 01/04/2022
• Technical Revision — effective from 2010-08-05 to 08/05/2010
• Adoption — effective from 2010-08-05 to 08/05/2010

815-RICR-00-00-2 § 2.9 Exhibit A

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2010-08-05 to 01/04/2022
• Technical Revision — effective from 2010-08-05 to 08/05/2010
• Adoption — effective from 2010-08-05 to 08/05/2010

815-RICR-00-00-2 § 2.10 Exhibit B

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2010-08-05 to 01/04/2022
• Technical Revision — effective from 2010-08-05 to 08/05/2010
• Adoption — effective from 2010-08-05 to 08/05/2010

815-RICR-00-00-3 Digital Filings and Website Information Pursuant to R.I. Gen. Laws § 39-1-18

815-RICR-00-00-3 § 3.1 Introduction

A.In 2002 a new law was enacted requiring that all filings made to the Division of Public Utilities and Carriers (“Division”) or the Public Utilities Commission (“Commission”) be provided digitally in a manner established by the Division (R.I. Gen. laws § 39-1-18(b)). In order to support the ability of the public and interested parties to stay informed of the activities of the Commission and the Division, this same new law also requires the Division to maintain a site on the Internet through which the public may access the following information:

1.notices of public hearings;

2.all filings that are available in digital format and that are not subject to protective orders;

3.all orders, rules and regulations of the Commission or Administrator;

4.announcements of, agendas for, and minutes of open meetings;

5.a calendar of all forthcoming open meetings and hearings;

6.current tariffs of all public utilities who are subject to assessment pursuant to R.I. Gen. Laws § 39-1-23; provided, however, that the Division may require any public utility with extensive tariffs to maintain a website and provide access to those tariffs via a link from the Division’s website;

7.a listing of all public utilities and Nonregulated power producers, together with consumer contact information for each;

8.consumer information on billing dispute resolution, retail access, conservation, and consumer assistance programs;

9.demand side management programs available to residential, commercial and industrial customers;

10.other information as the Division deems relevant and useful to the public (R.I. Gen. Laws § 39-1-18(c)).

B.These rules and regulations are designed to facilitate the implementation of the aforementioned directives.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2003-09-15 to 01/04/2022
• Technical Revision — effective from 2003-09-15 to 09/15/2003
• Technical Revision — effective from 2003-09-15 to 09/15/2003
• Adoption — effective from 2003-09-15 to 09/15/2003

815-RICR-00-00-3 § 3.2 Definitions

A.“Administrator” means the administrator of the Division as defined in R.I. Gen. Laws § 39-1-2(1).

B.“CATV company” means a Community Antenna Television System as defined in R.I. Gen. Laws § 39-19-1.

C.“Commission” means the Rhode Island Public Utilities Commission as defined in R.I. Gen. Laws § 39-1-2(5).

D.“Division” means the Rhode Island Division of Public Utilities and Carriers as defined in R.I. Gen. Laws § 39-1-2(11).

E.“Filing” means any application, petition or tariff (including related supporting documents), filed by a public utility or a CATV company, with either the Division or the Commission, which seeks

1.approval for a change in its rates, tolls or charges; or

2.authority to reduce existing services; or

3.any other document not specifically identified above, which the Commission or the Division deem to be of significant public interest.

F.“Nonregulated power producer” means the nonregulated power producer as defined in R.I. Gen. Laws § 39-1-2(19).

G.“Public utility” means a public utility as defined in R.I. Gen. Laws § 39-1-2(20).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2003-09-15 to 01/04/2022
• Technical Revision — effective from 2003-09-15 to 09/15/2003
• Technical Revision — effective from 2003-09-15 to 09/15/2003
• Adoption — effective from 2003-09-15 to 09/15/2003

815-RICR-00-00-3 § 3.3 Digital Filing Requirements

A.All public utilities and CATV companies making a filing with the Commission or Division must include along with the “hard” original and “hard” copies required under the Commission’s and the Division’s respective Rules of Practice and Procedure, a digital or electronic copy imprinted on an appropriate “floppy”, “zip” or “computer” disk; or on an attachment to an electronic mail directed to the Division or Commission Clerk; or if approved by the Division or Commission Clerk, any other conventional electronic storage system that may currently be in use or may succeed the conventional electronic storage systems that are currently available. Public utilities and CATV companies may seek an exemption from this requirement for extensive non-text type items (e.g., drawings and figures), or for items that predate existing digital processes. Requests for exemptions shall be directed to the Division/ Commission Clerk who will determine if the request for an exemption is reasonable. If the Clerk denies a request, relief may subsequently be requested from the Commission, if a Commission docket, or from the Division’s Administrator, if a Division docket.

B.All digital or electronic copies must be configured in “Word” and/or “PDF” formats or, if approved by the Division or Commission Clerk, other conventional software formats that may currently be in use or may succeed the conventional software formats that are currently available.

C.All digital or electronic copies must be configured in “Word” and/or “PDF” formats or, if approved by the Division or Commission Clerk, other conventional software formats that may currently be in use or may succeed the conventional software formats that are currently available.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2003-09-15 to 01/04/2022
• Technical Revision — effective from 2003-09-15 to 09/15/2003
• Technical Revision — effective from 2003-09-15 to 09/15/2003
• Adoption — effective from 2003-09-15 to 09/15/2003

815-RICR-00-00-3 § 3.4 Information Available on or Through the Division's Website

A.The following information shall be available on the Division’s website:

1.Notices of all public hearings to be conducted by the Division or the Commission at least five (5) calendar days prior to the date of the hearing.

2.All filings that are available in digital or electronic format, and that are not subject to protective orders, while the relevant proceeding is in progress. These filings may be purged from the website at the conclusion of the proceeding and after the issuance of a final report and order on the matter.

3.All rules and regulations of the Commission and Division. The Rhode Island Secretary of State’s office similarly provides access to the Commission’s and Division’s rules and regulations on its website.

4.All major decisions (reports and orders) of the Commission and the Division for a period of at least one (1) year from the date of issuance. Access to all other decisions shall be available through a link to a commercial database retrieval service, which will provide “search engine” and database services designed to facilitate access to all Division and Commission decisions issued between 1971 and the present. A fee will be charged for this service. NOTE: Copies of all orders of the Commission and the Division shall also be available at the offices of the Commission and the Division, 89 Jefferson Boulevard, Warwick, Rhode Island, pursuant to the requirements and fee schedule contained in the State’s Access to Public Records Act (R.I. Gen. Laws § 38-2-1, et seq.).

5.Unless conducted as an “emergency meeting”, pursuant to R.I. Gen. Laws § 42-46-6(c), open meeting notices and agendas shall be posted at least forty-eight (48) hours before every scheduled open meeting. Notices shall contain: (1) the date the notice was posted; (2) the date of the meeting; (3) the time of the meeting; (4) the location of the meeting; and (5) a statement specifying the nature of the business to be discussed. The minutes of all open meetings shall be posted in conformance with R.I. Gen. Laws § 42-46-7.

6.A calendar of all Division and Commission open meetings and hearings, covering a period of seven (7) months. The calendar will provide a brief description, including a docket number, of each matter pending before the Commission or the Division.

7.Current public utility tariffs, as described in R.I. Gen. Laws § 39-1-18(c)(6). Access shall be achieved either by actual inclusion on the Division’s website or by a link to a tariff page on the public utility’s website.

8.A listing of all public utilities, by industry group, and all registered Nonregulated power producers. Telephone numbers and/or links (where available), to each public utility’s and Nonregulated power producer’s consumer affairs department may also be accessed.

9.Consumer information on billing dispute resolution procedures will be summarized. For a detailed description of all residential consumer protection rights and related adjudicative procedures a copy of the Commission’s Rules and Regulations Governing the Termination of Residential Electric, Gas and Water Utility Service, or related successor rules and regulations, will be accessible.

10.Consumer information regarding access to power supply from Nonregulated power producers will be summarized. Additional information may be provided through links to the websites of electric distribution companies and/or registered Nonregulated power producers.

11.Consumer information regarding methods of conserving energy and water and also demand side management programs available to residential, commercial and industrial customers. The Division may include links to other websites that contain related information.

12.Consumer information regarding financial assistance programs that may be available to eligible ratepayers.

13.Consumer information regarding financial assistance programs that may be available to eligible ratepayers.

14.Other information that the Division deems relevant and useful to the public.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2003-09-15 to 01/04/2022
• Technical Revision — effective from 2003-09-15 to 09/15/2003
• Technical Revision — effective from 2003-09-15 to 09/15/2003
• Adoption — effective from 2003-09-15 to 09/15/2003

815-RICR-00-00-3 § 3.5 Effective Date

Adopted as rules and regulations of the Rhode Island Division of Public Utilities and Carriers on August 13, 2003, for effect on September 1, 2003.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2003-09-15 to 01/04/2022
• Technical Revision — effective from 2003-09-15 to 09/15/2003
• Technical Revision — effective from 2003-09-15 to 09/15/2003
• Adoption — effective from 2003-09-15 to 09/15/2003

Chapter 10 Telecommunications

Subchapter 00 General Administration

815-RICR-10-00-1 Regulations and Fee Schedules for Telecommunications Providers

815-RICR-10-00-1 § 1.1 Authority

These regulations, enacted pursuant to 1995 P.L. Chapter 316, govern the fees payable by telecommunications providers who are not otherwise subject to the provisions of R.I. Gen. Laws §§ 39-1-26(a) or (b). These fees represent the reasonable costs incurred by the Division of Public Utilities and Carriers and the Public Utilities Commission in docketing, investigation, and decision-making.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-10-00-1 § 1.2 Definitions

A.As used in these rules, except as otherwise required by the context:

1,"Applicant" means, in proceedings involving filings for permission or authorization which the Commission may give under statutory or other authority delegated to it, the party on whose behalf the filings are made.

2."Clerk" means the Commission clerk, appointed by the Commission pursuant to R.I. Gen. Laws § 39-1-9.

3."Commission" means the Public Utilities Commission.

4"Division" means the Division of Public Utilities and Carriers described in. R.I. Gen. Laws §§ 39-1-2(4) and 39-1-3.

5."Telecommunications provider" means any person, firm or corporation providing, inter alia, intrastate telecommunications services, which is not otherwise liable for payments to the Public Utilities Reserve Fund or for rate case expense reimbursements. For the purpose of these regulations, telecommunications providers are subdivided into six classes:

a.Class I: Competitive Access Providers ("CAP"). Entry is controlled by Docket No. 2129. These carriers are facilities-based, providing customers with some of the same services available through the local exchange carrier.

b.Class II: Resellers doing business as Certified Switchless Resellers ("CSR"). Entry is controlled by Docket No. 2262, incorporating many of the requirements of Docket No. 2129. CSRs are non-facilities-based carriers which purchase access at a discount from facilities-based carriers and/or the local exchange carrier, and market or resell their services.

c.Class III: Resellers doing business through the use of debit cards ("DCS"). DCS is a pre-paid calling-card service provided by a wholesale company that allows an in-state outbound call to be charged to a debit card, typically through the use of a "1+800" number and a personal identification number.

d.Class IV: Operator Service Providers ("OSP") or Alternate Operator Services ("AOS"). These providers offer an alternate to operator services provided by the local exchange carriers and facilities-based interexchange carriers. OSPs furnish services to carriers who do not have their own operators, and to businesses such as hotels, hospitals, airports, and educational institutions. The services may include calling card, collect, and third-party calls.

e.Class V: Private coin telephones. This class includes Customer-Owned, Coin-Operated Telephones ("COCOT") and Inmate Services. COCOTs generally secure alternative operator services for calling card, collect, and third-party calls, since the financial commissions are greater. Inmate Services provides outbound-only coin telephones for residents of the state and federal prisons.

f.Class VI: Other service providers who are not covered by Classes I-V.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-10-00-1 § 1.3 Original Applications

A.Class I. In addition to the materials required to be submitted to the Clerk pursuant to Docket No. 2129, CAP applicants shall tender $300.00, in a check payable to the State of Rhode Island. No application shall be accepted for docketing in the absence of full payment and all required paperwork.

B.Class II. In addition to the materials required to be submitted to the Clerk pursuant to Docket No. 2262, CSR applicants shall tender $250.00, in a check payable to the State of Rhode Island. No application shall be accepted for docketing in the absence of full payment and all required paperwork. Certain CSRs were granted interim authority by the Commission, pending action by the General Assembly. Holders of interim authority need not refile their materials, but will obtain permanent authority by submitting a letter requesting the same, accompanied by $250.00, in a check payable to the State of Rhode Island.

C.Class III. In addition to a Statement of Business Operations and initial tariffs, DCS applicants shall tender $250.00, in a check payable to the State of Rhode Island. No application shall be accepted for docketing in the absence of full payment and all required paperwork.

D.Class IV. Class IV applicants are required to file certain information with the Division, pursuant to the Rules and Regulations for Telephone Operator Service Providers in Rhode Island, issued April 8, 1991. In addition, OSPs shall tender $250.00, in a check payable to the State of Rhode Island. No application shall be accepted for docketing in the absence of full payment and all required paperwork.

E.Class V. COCOTs with fifteen units or more who wish to offer service as Class V telecommunications providers, must submit a registration form, listing information required by Docket Nos. 1786, 1796, and 1899, and initial tariffs. Inmate Services providers must submit a copy of the contract with the State of Rhode Island or the United States of America. In addition to this paperwork, Class V telecommunications providers shall tender $150.00, in a check payable to the State of Rhode Island.

F.Class VI. The Division will dictate entry requirements for these providers on a service-by-service basis. Class VI telecommunications providers shall tender a check payable to the State of Rhode Island, in an amount to be determined by the Division, not to exceed $300.00.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-10-00-1 § 1.4 Annual Fees

A.Class I. In addition to the materials required to be submitted to the Clerk annually pursuant to Docket No. 2129, CAPs shall tender $250.00, in a check payable to the State of Rhode Island, not later than July 1 following the date on which authority was granted. Failure to remit the annual fee by August 1 shall result in suspension of authority. Such suspension shall automatically become revocation if the annual fee remains unpaid by September 1; Class I telecommunications providers whose authority has been revoked may reapply for authority by filing an original application with the appropriate fees, as described in § 1.3(A) of this Part.

B.Class II. In addition to the materials required to be submitted to the Clerk annually pursuant to Docket No. 2262, CSRs shall tender $175.00, in a check payable to the State of Rhode Island, not later than July 1 following the date on which authority was granted. Failure to remit the annual fee by August 1 shall result in suspension of authority. Such suspension shall automatically become revocation if the annual fee remains unpaid by September 1; Class II telecommunications providers whose authority has been revoked may reapply for authority by filing an original application with the appropriate fees, as described in § 1.3(B) of this Part.

C.Class III. DCS providers shall tender $175.00, in a check payable to the State of Rhode Island, not later than July 1 following the date on which authority was granted. Failure to remit the annual fee by August 1 shall result in suspension of authority. Such suspension shall automatically become revocation if the annual fee remains unpaid by September 1; Class III telecommunications providers whose authority has been revoked may reapply for authority by filing an original application with the appropriate fees, as described in § 1.3(C) of this Part.

D.Class IV. AOS or OSP providers shall tender $175.00, in a check payable to the State of Rhode Island, not later than July 1 following the date on which authority was granted. Failure to remit the annual fee by August 1 shall be cause for notice of a Show Cause hearing, publication of the notice on the National Association of Regulatory Utility Commissioners' Electronic Bulletin Board, and potential revocation if the annual fee remains unpaid by September 1; Class IV telecommunications providers whose authority has been revoked may reapply for authority by filing an original application with the appropriate fees, as described in § 1.3(D) of this Part.

E.Class V. COCOTs and Inmate Services providers with fifteen or more units shall tender $25.00 or $0.10 per telephone, whichever is greater, in a check payable to the State of Rhode Island, not later than July 1 following the date on which operations began. Failure to remit the annual fee by August 1 shall be cause for notice of a Show Cause hearing and publication of the notice on the National Association of Regulatory Utility Commissioners' Electronic Bulletin Board. Class V telecommunications providers whose annual fees have not been paid by September 1 must reapply for authority by filing an original registration application with the appropriate fees, as described in § 1.3(E) of this Part.

F.Class VI. Class VI telecommunications providers shall tender a check payable to the State of Rhode Island, in an amount to be determined by the Division, not to exceed $250.00.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-10-00-1 § 1.5 Additional Filing Fees

A.Class I. CAPs shall tender $50.00, in a check payable to the State of Rhode Island, with each tariff revision or non-tariff filing, other than the annual filings required by§ 1.4(A) of this Part. No filing shall be accepted for docketing unless the account is in full satisfactory status, and full payment is made.

B. Class II. CSRs shall tender $50.00, in a check payable to the State of Rhode Island, with each tariff revision or non-tariff filing, other than the annual filings required by § 1.4(B) of this Part. No filing shall be accepted for docketing unless the account is in full satisfactory status, and full payment is made.

C.Class III. DCS providers shall tender $50.00, in a check payable to the State of Rhode Island, with each tariff revision or non-tariff filing, other than the annual filings required by § 1.4(C) of this Part. No filing shall be accepted for docketing unless the account is in full satisfactory status, and full payment is made.

D.Class IV. AOS or OSP providers shall tender $50.00, in a check payable to the State of Rhode Island, with each tariff revision or non-tariff filing, other than the annual filings required by § 1.4(D) of this Part. No filing shall be accepted for docketing unless the account is in full satisfactory status, and full payment is made.

E.Class V. COCOTs and Inmate Service providers shall tender $25.00, in a check payable to the State of Rhode Island, with each tariff revision, other than the annual filing required by § 1.4(E) of this Part. No payment shall be required with non-tariff filings. No filing shall be accepted for docketing unless the account is in full satisfactory status, and full payment is made.

F.Class VI. Class VI telecommunications providers shall tender $50.00, in a check payable to the State of Rhode Island, with each tariff revision or non-tariff filing, other than the annual filings which may be required by §1.4(F). No filing shall be accepted for docketing unless the account is in full satisfactory status, and full payment is made.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-10-00-1 § 1.6 Miscellaneous Provisions

A.Multi-class Providers. A telecommunications provider who has authority under more than one class must submit the paperwork for each class, and the associated with the highest class.

B.Publication of Arrearages. An AOS, OSP, COCOT, or Inmate Services provider which fails to submit the annual fee in a timely manner will be summoned for a Show Cause hearing. Notice of this hearing will be published on the National Association of Regulatory Utility Commissioners' Electronic Bulletin Board so that the regulators in other states can be alerted to the provider's failure to comply with regulations. The provider shall be classified "unsatisfactory" for all inquiries.

C.Limitation on Authority within a Class. The Clerk will not accept any original application for filing, if the telecommunications provider seeking authority currently holds authority in the same class (e.g. no CAP can file an application to provide service as a CAP, although it may seek authority as a CSR).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2001-12-19 to 01/04/2022
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Technical Revision — effective from 2001-12-19 to 12/19/2001
• Periodic Refile — effective from 2001-12-19 to 12/19/2001

815-RICR-10-00-3 The Rhode Island Telecommunications Education Access Fund

815-RICR-10-00-3 § 3.1 Introduction

Pursuant to R.I. Gen. Laws § 39-1-61, establishing the Rhode Island Telecommunications Education Access Fund, the Division of Public Utilities and Carriers, pursuant to the mandate contained in R.I. Gen. Laws § 39-1-61(d) through § 39-1-61(e), hereby promulgates these rules to effectuate the Act of the Rhode Island General Assembly.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-05-09 to 01/04/2022
• Technical Revision — effective from 2005-05-09 to 05/09/2005
• Technical Revision — effective from 2005-05-09 to 05/09/2005
• Adoption — effective from 2005-05-09 to 05/09/2005

815-RICR-10-00-3 § 3.2 Definitions

A.“Department of Education” means the Rhode Island Department of Elementary and Secondary Education

B."Division” means the Rhode Island Division of Public Utilities and Carriers.

C.“Telecommunications Education Access Fund” means the programs and funding made available to qualified libraries and schools to assist in paying the costs of acquiring, installing and using telecommunications technologies to access the internet.

D.“Qualified library” means a public library as defined in the Library Services and Technology Act, 20 U.S.C. § 9122 and must be eligible for assistance from a state library administrative agency under that Act. Only libraries, which have budgets, that are completely separate from any schools (including, but not limited to, elementary and secondary, colleges and universities), shall be eligible to receive support. Libraries operating as a for-profit business shall not be eligible for support.

E.“Qualified school” means a public or private school that is eligible for the federal Universal Service (E-Rate) support and meets the definition of “elementary school” or “secondary school” in the Elementary and Secondary Education Act of 1965, as amended (20 U.S.C. § 8801). Schools operating as a for-profit business or with endowments exceeding fifty million dollars ($50,000,000) are not eligible for support.

F.“Telecommunications,” for purposes of this program, means the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.

G.“Telecommunications services provider” means any person, party or entity which provides local telecommunications services.

H.“Telecommunications service” means the offering of telecommunications for a fee directly to the public, or to such class of users as to be effectively available directly to the public, regardless of the facilities used.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-05-09 to 01/04/2022
• Technical Revision — effective from 2005-05-09 to 05/09/2005
• Technical Revision — effective from 2005-05-09 to 05/09/2005
• Adoption — effective from 2005-05-09 to 05/09/2005

815-RICR-10-00-3 § 3.3 Assessment

A.Pursuant to R.I. Gen. Laws § 39-1-61(d)(1), a surcharge, in an amount determined by the General Assembly, is to be assessed upon each residence and business telephone access line or trunk in the state, including PBX trunks and centrex equivalent trunks and each service line or trunk, and upon each user interface number or extension number or similarly identifiable line, trunk, or path to or from a digital network.

B.Pursuant to R.I. Gen. Laws. § 39-1-61(d)(1), the surcharge listed in § 3.3(A) of this Part shall not be assessed on state, local and quasi-governmental agencies. For purposes of this Section, state, local and quasi-governmental agencies shall mean those state departments and agencies and those city and town offices listed in the Rhode Island Government Owner’s Manual as published annually by the Rhode Island Secretary of State’s Office. The State and quasi-governmental agencies shall be those listed in the section “Rhode Island State Departments and Agencies.” The local agencies shall be those departments listed in the section “Rhode Island City and Town Officials.”

C.Pursuant to R.I. Gen. Laws § 39-1-61(d)(1), commencing January 1, 2004, the surcharge shall be billed by each telecommunications services provider to its retail end users and shall be payable to the telecommunications services provider by the subscriber of the telecommunications services.

D.The surcharge shall appear on subscriber bills as “Schools and Library Fund.”

E.Commencing March 15, 2004, and continuing on the fifteenth calendar day of each month, each telecommunications services provider shall transfer to the Telecommunications Education Access Fund of the Rhode Island Division of Public Utilities and Carriers, the amount collected from its subscribers through the Telecommunications Education Access Fund surcharge during for the month ending forty-five (45) days prior to the month of transfer. Such transfers shall be directed to the Telecommunications Education Access Fund Restricted Receipt Account, Care of Division Clerk, 89 Jefferson Boulevard, Warwick, Rhode Island 02888. The deposits shall then be forwarded to the Assistant to the Chief Accountant of the Division of Public Utilities and Carriers for recordation and deposit into the Telecommunications Education Access Fund Restricted Receipt Account.

F.In the event that the General Assembly changes the amount of the surcharge, each Telecommunications services provider shall commence billing the new surcharge amount no later than 90 days after the effective date of the General Assembly’s act instituting such change.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-05-09 to 01/04/2022
• Technical Revision — effective from 2005-05-09 to 05/09/2005
• Technical Revision — effective from 2005-05-09 to 05/09/2005
• Adoption — effective from 2005-05-09 to 05/09/2005

815-RICR-10-00-3 § 3.4 Administration

A.The Department of Education shall file draft request(s) for proposals (“RFP(s)”) for products and Services to serve the internet access needs of schools and libraries with the Division for its review to ensure competitive neutrality at least forty-five (45) days prior to its issuance. The Division will review the draft RFP(s) to ensure competitive neutrality.

B.The Department of Education shall select the winning bidder in accordance with the RFP(s) approved by the Division. A losing bidder may file an appeal with the Division.

C.The Department of Education shall endeavor to obtain all available E-Rate matching funds and is encouraged to seek matching funds from all local, state, and federal public or private entities.

D.The Department of Education shall approve disbursements of funds from the Telecommunications Education Access Fund in accordance with the terms of the successful bid(s) to the annual RFP(s) to provide products and services that best serve the internet access needs of schools and libraries.

E.The Division will transfer funds from the Telecommunications Education Access Fund at the request of the Department of Education. The Department of Education shall submit an accounting to the Division indicating the identity of the payee and the dollar amount of the invoices for which the Department of Education is responsible under the statute together with a letter affirming that it is spending the funds from the Telecommunications Education Access Fund in accordance with the requirements of R.I. Gen. Laws § 39-1-61. The Department of Education shall file an accounting of all disbursements from the Telecommunications Education Access Fund with the Division once annually for its review to ensure that the Department of Education’s decisions do not favor any competitor.

F.The Division shall not transfer funds from the Telecommunications Education Access Fund in excess of the amount accrued in the account at the time the request is made by the Department of Education.

G.The Department of Education shall follow all requirements of the federal Universal Service E-Rate program in evaluating bids and selecting products and services.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-05-09 to 01/04/2022
• Technical Revision — effective from 2005-05-09 to 05/09/2005
• Technical Revision — effective from 2005-05-09 to 05/09/2005
• Adoption — effective from 2005-05-09 to 05/09/2005

815-RICR-10-00-3 § 3.5 Eligibility

All Qualified Schools and Qualified Libraries shall be eligible for support from the Telecommunications Education Access Fund.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-05-09 to 01/04/2022
• Technical Revision — effective from 2005-05-09 to 05/09/2005
• Technical Revision — effective from 2005-05-09 to 05/09/2005
• Adoption — effective from 2005-05-09 to 05/09/2005

Subchapter 05 Cable Television

815-RICR-10-05-1 Rules Governing Community Antenna Television Systems

815-RICR-10-05-1 § 1.1 General Provisions

1.1.1Authority

These rules and regulations are promulgated in accordance with the authority granted to the Division of Public Utilities and Carriers by R.I. Gen. Laws §§ 39-19-2 and 39-19-6 and by R.I. Gen. Laws §§ 16-61-6 and 16-61-6.2, as amended, to supervise and regulate every company owning or operating a community antenna television plant within this State and the Rhode Island Public Telecommunications Authority in connection with that entity’s ownership and operation of its PEG access studio(s) and playback equipment, and the Statewide Interconnection System.

1.1.2Definitions

A.For the purpose of these rules, the following terms, phrases, words and their derivations have the meaning given herein. When not inconsistent with the context, words in the plural number include the singular number, and words in the singular number include the plural number. The words “shall” and “will” are mandatory and “may” is permissive. Words not defined shall be given their common and ordinary meaning, unless it can be reasonably inferred that a meaning particular to the community antenna television industry should be utilized, in which case meanings or definitions used by the FCC shall apply.

1.“Administrator” means the Administrator of the Division of Public Utilities and Carriers.

2.“Basic service” means any service tier which includes the retransmission of local television broadcast signals and such other components for inclusion in the Basic Service tier required by federal law.

3.“Cable service” means

a.the one-way transmission to Subscribers of

(1)Video Programming, or

(2)Other Programming Service, and

b.Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service.

4.“Cable programming service” means any Video Programming provided over a CATV System, regardless of service tier, including installation or rental of equipment used for receipt of such Video Programming, other than

a.Video Programming carried on the Basic Service tier, and

b.Video Programming offered on a per-channel or per-program basis.

5.“CATV company,” “CATV operator” or “CATV system operator” means any person or group of persons:

a.who provides Cable Service which is used in a CATV System and directly or through one or more affiliates owns a significant interest in such CATV System, or

b.who otherwise controls or is responsible for, through any arrangement, the management and operation of such CATV System.

6.“CATV service area” or “Service area” means a geographic area, as may be defined by political, metes and bounds, or other appropriate description, which encompasses a CATV System’s entire projected Service Area. Such boundaries may include areas which in the judgment of the Administrator and the party proposing the CATV Service Area, extension of service is not immediately feasible but may be in the future.

7.“Certificate” means a document issued by the Administrator which confers certain rights and which authorizes particular phases of planning, construction, and/or operation of a CATV System. Such term applies to any or all of the specific certificates defined in this section, as indicated by the context.

8.“Certificate of authority to operate” means a Certificate issued by the Administrator to a holder of a valid Construction Certificate and a valid Compliance Order Certificate, authorizing the operation of a CATV System in compliance with applicable laws, regulations, and orders of the Administrator. Such Certificate shall authorize the holder to begin provision of actual service to the public.

9.“Community antenna television system” or “CATV system” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within a community. Such definition shall not include:

a.a facility that serves only to retransmit the television signals of 1 or more television broadcast stations;

b.a facility which does not use public rights of way, public highways or streets, or private streets offered for public dedication for the construction and operation of its physical plant;

c.a facility of a common carrier as defined by federal law except to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services as defined by federal law;

d.an open video system as defined by federal law; or

e.any facilities of any electric utility used solely for operating its electric utility system.

10.“Class IV CATV channel” means a signaling path provided by a CATV System to transmit signals of any type from a Subscriber terminal to another point in the CATV System.

11.“Commission” means the Public Utilities Commission of the State of Rhode Island.

12.“Compliance order certificate” means a Certificate issued by the Administrator designating a particular applicant as grantee and holder of franchise and ownership rights to a CATV System within a specified Service Area. Such Certificate does not constitute authority to construct or operate a CATV System.

13.“Construction certificate” means a Certificate issued by the Administrator to a holder of a valid Compliance Order Certificate, authorizing construction of a CATV System which will meet specific design and operational criteria set forth in these rules and orders of the Administrator. Such Certificates shall specify the information required by these rules and the laws of this State. Issuance of a Construction Certificate does not confer authority to operate a CATV System.

14.“Converter” means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a Subscriber, and by an appropriate channel selector also permits Subscribers to view all signals included in the Basic Service delivered at designated converted dial locations.

15.“Division” means the Rhode Island Division of Public Utilities and Carriers, and any legally appointed, designated or elected agent or successor.

16.“Electing CATV operator” means an entity defined in § 1.1.2(A)(5) of this Part that elects to continue to manage PEG access studios within its Service Area pursuant to R.I. Gen. Laws § 16-61-6.2(e).

17.“FCC” means the Federal Communications Commission, and any legally appointed, designated, or elected successor.

18.“Gross revenues” means all revenue derived directly or indirectly by a CATV Certificate holder, its affiliates, subsidiaries, parent, and any person in which it has a financial interest, from or in connection with the operation of a CATV System within the State of Rhode Island pursuant to these rules and the laws of this State; provided, however, all revenues, shall include but not be limited to Basic Service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, and advertising revenues; and that this shall not include any taxes on services furnished by a CATV System Operator imposed directly upon any Subscriber or user by a Municipality, the State, or other governmental unit and collected by a CATV System Operator on behalf of said governmental unit. Gross Revenues shall not include revenues derived from Information Services.

19.“Information service” means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.

20.“Interconnect” means the entity designated by the Administrator and the Rhode Island General Laws to construct and operate, as necessary, the transmission and reception facilities necessary to administer and operate a Statewide Interconnection System.

21.“Institutional network” means a communication network which is constructed or operated by the CATV Operator and is generally available only to institutional Subscribers and/or users for receiving institutional services.

22.“Municipality” means a city or town in the State of Rhode Island.

23.“Other programming service” means information that a CATV Operator makes available to all Subscribers generally.

24.“Proper service” means service in accordance with standards established the FCC in 47 C.F.R. §§ 76.601 through 76.630.2 (2018).

25.“PEG” means public, education and government.

26.“Residential network” means a communications network constructed or operated by a CATV Operator that is available to Subscribers.

27.“RIPTA” means The Rhode Island Public Telecommunications Authority or its designee and is the entity with powers, duties of authority and subject to regulatory authority as provided for the in R.I. Gen. Laws §§ 16-61-6 and 16-61-6.2.

28.“Significantly viewed" means, as applied to a broadcast television station, viewed in a certain percentage of households not subscribing to CATV services, as determined in accordance with FCC rules (47 C.F.R. §§ 76.5(i), 76.54 (2018)).

29.“State” means the State of Rhode Island and Providence Plantations.

30.“Statewide interconnection system” means a system of broad-band electronic linkages by means of microwave, coaxial cable, or other means whereby the signals and electrical impulses of radio, television and other intelligences, either analog or digital, may be interchanged among any or all Service Areas or CATV Systems in this State.

31.“Subscriber” means a member of the general public or any commercial, noncommercial, governmental or institutional customer: who receives services and/or programming distributed by a CATV System and does not further distribute them, and who is responsible for any tariffed installation and/or monthly service charges.

32.“Video programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station.

1.1.3Authority of Administrator and Division

A.In accordance with the terms of R.I. Gen. Laws Chapter 39-19 as amended, every person or company owning or operating a CATV System in this State is subject to the jurisdiction of the Division, to these rules, and to such orders as the Division may issue.

B.Applicants for the holders of CATV Certificates described in these rules will be taken and held to have acknowledged and agreed that the Division is empowered by R.I. Gen. Laws § 39-19-6 to, from time to time, promulgate and enforce such reasonable rules and regulations as it may deem necessary with reference to issuance of Certificates, territory of operation, abandonment of facilities, elimination of unjust discrimination among Subscribers, financial responsibility and insurance covering personal injury and property damage, safety of equipment and operation and filing of reports.

C.By accepting the Certificates described in these rules, the holder will be taken and held to have acknowledged and agreed that the Administrator has the right and authority periodically to review and after hearing (if requested in accordance with Part 00-00-1 of this Tile), to revise the requirements applicable to the Certificate holder’s specific system, and to make such changes, adjustments, and revisions in the terms and conditions of the Certificate as are reasonable, consistent with the public interest, and responsive to specific conditions in or specific needs of the public to be served in a specific Service Area or the State at large; and which the Administrator finds necessary in the exercise of his police powers.

1.1.4CATV Certificate Required

A.No person or company shall own a CATV System in this State unless there shall be in force and effect for the same a valid Compliance Order Certificate issued by the Administrator in accordance with these rules.

B.No person or company shall construct or cause to be constructed a CATV System in this State unless there shall be in force and effect for the same a valid Construction Certificate authorizing such construction issued by the Administrator in accordance with these rules.

C.No person or company shall operate a CATV System in this State unless there shall be in force and effect for the same a valid Certificate of Authority to Operate issued by the Administrator in accordance with these rules.

1.1.5Grant

The person or company named in a Compliance Order Certificate issued by the Administrator in accordance with these rules is the grantee of such rights for that particular CATV Service Area as authorized by R.I. Gen. Laws Chapter 39-19; and as such, said person or company is subject to the jurisdiction of the Division.

1.1.6Rights of Way

A.Acceptance of a Compliance Order Certificate by an applicant therefor does not in itself confer upon the holder the right to erect poles or posts or to construct any conduit or other facility or maintain cables, wires or fixtures, upon, under or over any state or municipal highway or public place for the purpose of operating a CATV System. A Certificate holder must make application for permission to occupy the state or municipal right-of-way to the State Director of Transportation and the proper officials of each Municipality included in that service area having jurisdiction over such roads or public places. Such permission shall not be unreasonably withheld.

B.Applications for permission to occupy rights-of-way shall be made in such for mas the issuing authority shall require. The form of the permit shall be determined by the issuing authority, and shall at a minimum conform to the requirements of R.I. Gen. Laws § 39-19-7 and all other applicable statutes and ordinances.

1.1.7Fees

A.Pursuant to R.I. Gen. Laws § 39-19-9, the State Controller shall determine the expenses of the Public Utilities Commission and of the Division of Public Utilities and Carriers associated with the regulation of operational CATV Systems, including the cost of Commission and Division personnel and consultants performing duties directly associated with such systems. The State Controller shall notify the Administrator of the Division in writing of the amount of such expenses. The Administrator shall thereupon apportion and assess such expenses among the several operational CATV franchise holders located in this State in the proportion that the Gross Revenue of each CATV franchise shall bear to the Gross Revenues of all of the CATV franchises issued and operational; provided however, that the sum so apportioned and assessed shall not exceed three percent (3%) of any individual CATV franchise holder’s Gross Revenues. Such sum so apportioned and assessed shall be in addition to any taxes payable to the State under any other provision of law.

B.CATV franchise awardees who have received Compliance Order Certificates but, as a result of their own fault, have not received Certificates of Authority to Operate, shall be assessed two thousand five hundred dollars ($2,500) for any twelve (12) month period in which they are franchised but not in operation.

C.The holder of any CATV Certificate shall pay an annual license fee of fifty dollars ($50.00).

D.For the purposes of this section, “fiscal year” shall mean the fiscal year used by the state government of Rhode Island. “Gross Revenues” shall mean the gross revenues of a CATV Company in the company’s fiscal year, which ends during the state government’s fiscal year.

1.1.8Procedure

A.The provisions of the following chapters of the R.I. Gen. Laws, as amended, shall be fully applicable to proceedings before the Division relating to CATV Systems:

1.R.I. Gen. Laws Chapter 42-35 (the Administrative Procedures Act); and

2.R.I. Gen Laws Chapters 39-1 to 5 and 19, as appropriate (Public Utilities).

B.In addition to the statutes referenced in paragraph § 1.1.8(A) of this Part, all proceedings before the Division relating to CATV Systems shall be subject to all established or commonly used procedures of the Division and the Public Utilities Commission, as appropriate and Part 00-00-1 of this Title.

1.1.9Rights of Individuals

A.No CATV Company shall deny service, deny access, or otherwise discriminate against subscribers, channel users, or general citizens on the basis of age, race, religion, sex, physical handicap, or country of national origin. All CATV System Operators shall comply at all times with all other requirements of applicable federal, state and local laws and regulations, and the requirements of all executive and administrative orders relating to nondiscrimination, which are incorporated and made part of these rules by reference.

B.No signals of a Class IV CATV Channel (as defined in § 1.1.2(A)(10) of this Part) shall be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for such permission shall be contained in a separate document with a written statement explaining the capabilities and operation of the terminal, and a prominent statement that the Subscriber is authorizing the permission in full knowledge of its provision. The authorization shall be revocable at any time by the Subscriber without penalty of any kind whatsoever. Such authorization is required for each type of classification of Class IV CATV activity planned for the purpose, provided, however, that a CATV System Operator shall be entitled to conduct systemwide or individually addressed “sweeps” for the purpose of verifying system integrity, controlling return-path transmission, or billing.

1.1.10Discrimination in Employment Prohibited

No holder of any CATV Certificate, nor any applicant therefor shall refuse to hire or employ, or discharge an employee or discriminate against any employee with respect to compensation, terms, conditions or privileges of employment because of age, race, religion, sex, physical handicap, or country of ancestral origin.

1.1.11Equal Employment Opportunities

A.All holders of any CATV Certificate shall establish, maintain and carry out a positive continuing program of specific practices designed to assure equal opportunity in every aspect of CATV System employment policy and practice. Such program shall at a minimum conform with all requirements contained in applicable Rhode Island and United States statutes, the regulations of the FCC, the Rhode Island Commission for Human Rights, other state and federal agencies having appropriate jurisdiction, and executive orders of the Governor of Rhode Island.

B.A copy of the equal employment opportunity program developed in accordance with the above paragraph shall be filed with the Division and revised to be kept current.

1.1.12Petition for Waiver

A.On petition by a CATV Company, the Administrator may waive any provision of these rules relating to CATV Systems.

B.The petition must be submitted in writing and shall be accompanied by a certificate of service upon the chief executive officers and clerks of the municipalities and the chairman of the Service Area Citizens’ Advisory Committee within the affected Service Area, as well as the Chairman of the Cable Television Advisory Council, as recorded at the Division.

C.The petition shall state the relief requested setting forth the specific rule and citations, where appropriate, and may contain alternative requests. It shall state fully and precisely all pertinent facts and considerations relied on to demonstrate the need for the relief required and to support a determination that a grant of such relief would serve the public interest. Factual allegations shall be supported by an affidavit of a person or persons with actual knowledge of the facts, and exhibits shall be verified by the person who prepares them.

D.The Administrator, after public hearing, shall determine on the basis of the petition, written comments, and testimony received, whether the public interest would be served by the granting, in whole or part, or by the denial of the request.

1.1.13Severability

If any section, subsection, sentence, clause, phrase or portion of these rules is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.2 CATV Service Areas

1.2.1Authority

Pursuant to the provisions of R.I. Gen. Laws § 39-19-6, the Administrator shall have authority to designate various areas of the State as CATV Service Areas, upon petition by an interested party (which may include Division staff with responsibility for cable television) and to approve or disapprove petitions for designation of new CATV Service Areas or alteration of previously designated CATV Service Areas, subject to the procedures provided for in this chapter.

1.2.2Petitions for Designation or Alteration of Service Areas

A.A petition to designate an area of the State as a CATV Service Area or to alter a previously designated CATV Service Area, may be filed by Division staff with responsibility for cable television, by a Municipality or group of Municipalities, a CATV Company, or any party who has announced an intention to form a CATV Company.

B.The petition shall be in a form acceptable to the Administrator, and shall contain at a minimum the following information:

1.identity of the party filing the petition;

2.name, address and telephone number of the person who may be contacted for further information about the petition;

3.a U.S. Geodetic Survey map (or equivalent) showing the boundaries of the proposed CATV Service Area and the boundaries of the territory within this Service Area in which CATV service would be initially available;

4.population and number of dwelling units in the total proposed service area and in the territory in which CATV service would be initially available;

5.population density data or other information which will demonstrate to the Administrator that all areas in which service is or may become feasible are being included in the proposed CATV Service Area, and in the territory within the serviced area in which CATV service would be initially available;

6.financial and or other information which will assist the Administrator in determining the financial viability of a CATV System in the proposed Service Area; and

7.a statement to support the contention that to grant the petition would be in the public interest.

1.2.3Service of Petitions

A.Copies of petitions to designate or alter a CATV Service Area shall be served upon the following, at substantially the same time as the petition is served upon the Administrator:

1.the clerk and chief executive officers of all municipalities encompassed in the proposed service area;

2.the clerk and chief executive officers of all Rhode Island municipalities adjacent to the proposed service area; and

3.any CATV System Operator or other CATV Certificate holder within the State of Rhode Island.

1.2.4Procedure for CATV Service Area Designation

A.The Administrator shall designate petitions relating to designation of Service Areas for hearing within a reasonable time. At least one hearing shall be held at a location in the proposed Service Area to afford opportunity for public comment.

B.In determining whether to approve or reject a petition requesting designation or alteration of a CATV Service Area, the Administrator shall consider the following:

1.the communications needs and desires of the residents of the community, as expressed in needs assessment reports submitted pursuant to § 1.2.6 of this Part;

2.the prospects for and likelihood of development of CATV Systems in areas within and contiguous to the proposed CATV Service Area, and what impact the proposed designation or expansion can be expected to have on those prospects;

3.whether the proposed boundaries encompass any areas which would be more appropriately included in an adjacent CATV Service Area;

4.the economic viability of a CATV System operated in the proposed CATV Service Area; and

5.any other factors deemed relevant by the petitioner or Administrator.

C.If after hearing and investigation the Administrator finds that to approve a proposal to designate an area of the State as a CATV Service Area, or a proposal to alter a previously designated Service Area, would be in the public interest, he shall grant the petition therefor.

1.2.5Service Area Designation and Alteration Orders; Invitations for Applications

A.All CATV Service Area designation or alteration proceedings shall be terminated by a written order setting forth reasons why the petition was either approved or rejected.

B.In addition, orders approving petitions for designation or alteration of CATV Service Areas shall include at a minimum the following:

1.the numerical designation of the Service Area;

2.an identification of the boundaries of the Service Area;

3.a provision specifying that portion of the Service Area in which service must initially be made available;

4.a provision incorporating by reference the final written report of the Service Area Citizens’ Advisory Committee for that Service Area (required by § 1.2.6 of this Part), and any other reports or documents considered in the proceeding; and

5.provisions setting forth any specifications, conditions, or requirements consistent with the public interest relating to the specific system which may be built in that Service Area. Such terms, conditions, and requirements shall be binding on all applicants for Certificates in that Service Area; provided, however, that in the case of a Service Area being expanded, the terms, conditions, and requirements shall be binding upon the Certificate holder for that Service Area; provided further that the Certificate holder accepts an appropriately amended Compliance Order Certificate pursuant to § 1.3.3 of this Part.

1.2.6Needs Assessment Reports

The Service Area Citizens’ Advisory Committee appointed by the Administrator for the proposed Service Area (as provided for in § 1.15.1 of this Part) shall be responsible to prepare and submit to the Administrator a written report of the committee’s assessment of the communications needs and desires of the residents of the proposed Service Area, as set forth in § 1.15.1(F)(3) of this Part. Nothing herein shall preclude the submission of a community needs assessment report by any other party in interest.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.3 Certificates and Applications

1.3.1General Provisions

A.All Certificates granted in accordance with R.I. Gen. Laws Chapter 39-19, as amended, shall be non-exclusive in nature, and of an indefinite term.

B.Applications for Certificates shall be filed with the Administrator in a format approved by the Administrator.

C.All applications for Certificates are defined as contested cases, and are subject to the provisions of R.I. Gen. Laws Chapter 42-35.

D.All Certificates granted by the Administrator shall be accompanied by an order setting forth reasons for granting the Certificate.

E.Applications will be accepted only for those areas of the State officially designated as CATV Service Areas by the Administrator.

1.3.2Invitation for Applications

A.Following the designation of an area of the State as a new CATV Service Area, the Administrator shall issue an Invitation for Applications to provide CATV service and give notice of its availability.

B.Invitations for Applications shall, at a minimum, contain the following information:

1.a description of the Service Area, including at a minimum, its numerical designations, its boundaries, the municipalities contained in it, and other pertinent information;

2.a description of the boundaries of the area within that Service Area in which service must initially be made available;

3.a description of the CATV System design and services desired for that Service Area, including any specifications, terms, conditions, or requirements established in the Administrator’s order designating that Service Area;

4.a statement that all applications must, at a minimum, conform with applicable state and federal statutes, these rules, FCC rules, and Division orders;

5.the closing date for submission of completed written applications and the required fifty-dollar ($50.00) fee. Such closing dates shall be no less than sixty (60) days after the date of the Invitation for Applications; and

6.The name of the Division official who may be contacted for further information and application forms, together with the address and telephone number of the Division’s offices.

C.Notice of the availability of an Invitation for Applications shall be published at least once in the Providence Journal Bulletin, at least once in any other newspaper of general circulation in the Service Area, and at least once in any two publications that may reasonably be expected to attract the attention of prospective applicants nationally. A copy of the notice shall also be mailed to each CATV Certificate holder in the State.

D.The published notice shall contain at a minimum the following information:

1.a description of the boundaries of the Service Area;

2.a statement that Invitations for Applications and application forms are available from a Division official whose name is specified, together with the address and telephone number of the Division’s offices;

3.the closing date for submission of completed written applications and the required fifty dollar ($50.00) fee, which shall be the same data as given in the Invitation for Applications; and

4.a statement that all applications received will be available for public inspection at the Division’s offices during regular business hours.

E.For Service Areas that have already been designated, a prospective CATV Company may submit an application for a Compliance Order Certificate pursuant to § 1.3.3 at any time without the need for the Administrator to issue an Invitation for Applications.

1.3.3 Compliance Order Certificates

A.All applications for Compliance Order Certificates shall be accompanied by a fee of fifty dollars ($50.00).

B.Applications for Compliance Order Certificates shall be reviewed upon receipt. Any deficiencies noted by the Administrator must be remedied before the application will be assigned a docket number and designated for hearing by the Administrator.

C.Completed application forms for Compliance Order Certificates and any supporting documents shall provide a full and factual basis for decision-making, and shall contain at a minimum the following information:

1.channel capacity, including both the total number of channels in the proposed system and the number of channels to be energized immediately;

2.a statement of the television and radio broadcast signals to be carried, together with a description of programming and other services to be offered.

3.a description of the proposed system design and planned operation, including at least the following:

a.general area for location of headend (s) antenna(s);

b.extent and type of Information Services to be offered on the Residential Network, together with a schedule for their activation or projected availability from particular points;

c.extent and type of automated services to be provided;

d.location of origination points and origination facilities;

e.the number of channels to be made available for access uses; and

f.provisions for expansion of channel capacity and other upgrading of the technical capabilities of the system as technological improvements become available.

4.a timetable for completion of construction of the proposed system, which shall at a minimum conform with the requirements of § 1.8 of this Part, and which shall assure uniform availability of service throughout the designated Service Area (in accordance with the density standards contained in § 1.10.2 of this Part.

5.a proposed tariff (which shall meet all requirements of § 1.11 of this Part), showing the rates used in calculation of the applicant’s financial projections;

6.terms and conditions under which service is to be provided to educational, charitable, and governmental entities;

7.a statement of the applicant’s qualifications and experience in the cable television field, if any; and (to the extent possible) the names and professional experience of the persons or organizations who will be responsible for the design, construction, installation, and operation of the proposed system;

8.a statement indicating whether the applicant or any of its principals owns or operates any other CATV System (or holds a franchise for which no system has been built) or any newspaper or broadcast television or radio station, and a statement of the name(s) and address(es) of each such operation and the chief executive officer of the franchising authority in which each such system or station is located;

9.a statement of ownership detailing the corporate organization of the applicant (if any), including the names and addresses of officers and directors (and any other major stockholders, if any) and the number of shares held by each; and intracompany relationships, including parent, subsidiary, and affiliated companies;

10.a documented plan for financing the proposed CATV System, which shall indicate specifically every significant anticipated source of capital and any and all limitations and/or conditions with respect to the availability of the indicated sources of capital;

11.pro forma income statements and balance sheets showing ten (10) years of projected operations of the applicant. The income statement shall include, but shall not be limited to, identifying: the anticipated penetration rates in the Service Areas of proposed operation, projected revenues derived from cable, Information Services, telephone and other services for each area, projected expenses, projected earnings before interest, taxes, depreciation and amortization, and projected net income. The balance sheet shall include, but shall not be limited to, identifying: the initial assets, liabilities and capitalization of the applicant and changes thereto over the ten (10) year time-period; and

12.a statement indicating why it would be in the public interest to grant the application.

D.If, after public hearing and investigation, the Administrator is satisfied that an applicant is fit, willing, technically qualified, and financially able to perform the service for which it has applied, and to conform to the requirements, orders, rules, and regulations of the Division and laws of the State of Rhode Island and that the proposed operation will be consistent with the public interest then he shall issue a Compliance Order Certificate to that applicant.

E.An applicant which has been awarded a Compliance Order Certificate shall notify the Administrator in writing within thirty (30) days whether it will accept or decline the award.

F.In default of the delivery of written notice of acceptance of a Compliance Order Certificate, the awardee shall be deemed to have rejected and repudiated the Certificate, and thereafter the awardee shall have no rights, remedies or redress in the premises.

G.Acceptance of a Compliance Order Certificate authorizes and obligates the applicant to meet all requirements set forth in these rules for the Construction Certificate pursuant to § 1.8 of this Part

H.In the event that the boundaries of an existing Service Area are expanded or otherwise altered by order of the Administrator pursuant to § 1.2 of this Part, the Administrator shall issue an amended Compliance Order Certificate to the Certificate holder for that Service Area, who must then respond to the award of the amended Certificate as provided in §§ 1.3.3(E) and (F) of this Part.

1.3.4Construction Certificates

A.A Construction Certificate may be issued only to a holder of a valid Compliance Order Certificate after public hearing.

B.Pursuant to R.I. Gen. Laws § 39-19-5, each Construction Certificate shall specify, and applicants therefor shall submit for the Administrator’s consideration and approval, the following:

1.a map and metes and bounds description of the certified Service Area, showing the planned phases of construction for the entire CATV System, and complete strand mapping showing the routes of all aerial and underground trunk and feeder cables in the distribution system of the initial phase of construction. Upon the request of the Division, the applicant shall submit complete strand maps detailing all aerial and underground trunk and feeder cables of all subsequent construction phases. Such map and description shall also indicate those parts of the Service Area that the applicant anticipates would receive service only through application of the proposed line extension policy;

2.a complete technical and narrative description of the system design, including system and equipment specifications;

3.proof of conformance with the technical, engineering, and safety standards and codes set forth in these rules;

4.location of towers and head end facilities;

5.proof that the applicant has obtained or applied for all known licenses, and other forms of permission required by State and local government bodies prior to commencement of construction;

6.copies of applications and/or consummated pole attachment; conduit occupancy, and right-of-way agreements;

7.copies of all arrangements with common carrier communications companies or services;

8.proof of a satisfactory method of maintenance and continuing records of operations to show adequacy of service and performance continuing financial responsibility;

9. satisfactory evidence of liability insurance coverage in amounts specified by § 1.12 of this Part; and

10.any corrections, updates or amplifications to items filed at the time of application for a Compliance Order, including especially system design parameters required to be filed by § 1.3.3(C)(3) of this Part.

C.If the Administrator is satisfied that an applicant for a Construction Certificate has met all of the conditions, terms, and requirements of the Compliance Order Certificate, and of these rules, then he shall grant a Construction Certificate to the applicant.

D.Such Construction Certificate shall authorize the holder to commence actual construction of a CATV System within this State, but not constitute authority to operate said system.

E.If the holder of a Construction Certificate plans changes or alterations in its system which will result in substantive changes in any of the conditions of its Construction Certificate listed in § 1.3.4(B) of this Part, the Certificate holder shall notify the Division of the substance of the changes. Upon review, the Division may require the holder to file an application to amend its Construction Certificate or proceed as it deems is appropriate under the circumstances. An application to amend a Construction Certificate will be considered on the same basis as an original application for a Construction Certificate.

1.3.5Certificates of Authority to Operate

A.A Certificate of Authority to Operate shall be issued only to a holder of a valid Construction Certificate after public hearing.

B.The holder of a Construction Certificate shall, if the Construction Certificate specifically contains such a Division-mandated requirement, give the Administrator at least sixty (60) days prior written notice before the anticipated date when the CATV System (or initial segment thereof) will be ready for commencement of actual service to the public.

C.Applicants for Certificates of Authority to Operate shall file with the Administrator a complete copy of the proposed customer contracts, rules and regulations; any and all changes; corrections; additions; and clarifications to documents previously filed with the Administrator and the Division; and any such amendments to these documents or the Administrator may require.

D.Upon the Administrator’s determination that the applicant has complied with applicable statutes, these rules, and any additional terms, conditions, and requirements which may be imposed upon it by the Administrator, the Administrator shall issue a Certificate of Authority to Operate to the applicant.

E.No CATV System shall commence service to the public or other operation until it is in receipt of a valid Certificate of Authority to Operate.

F.If a Construction Certificate held by an operating CATV Company is subsequently amended by the Administrator in accordance with § 1.3.4(E) of this Part, then the holder of that amended certificate shall make application to the Division for an amended Certificate of Authority to Operate. If new construction is involved, the applicant for an amended Certificate of Authority to Operate shall, if the amended Construction Certificate specially contains such a Division-mandated requirement, give the Administrator at least sixty (60 days) written notice of the anticipated date when the new sections of the system will be ready for commencement of service to the public.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.4 Transfers and Assignments

1.4.1Transfer of Certificates

A.A Certificate or substantial control thereof may not be sold, assigned or transferred, either in whole or in part, or leased, sublet, or mortgaged in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to, or vest in any person, firm, corporation or other organization, group or body, either through an act of the awardee or operator, by merger, consolidation, or by operation of law, whether by foreclosure, judicial sale, receivership, bankruptcy, reorganization, condemnation or other action or proceeding, without the approval of the Administrator in a written order, following a duly noticed public hearing.

B.An application for a transfer or assignment shall be commenced by filing a copy of FCC Form 394, together with all exhibits, with the Division, along with a statement by the transferee as to:

1.its financial and technical fitness,

2.management’s experience operating a CATV System,

3.a sworn affirmation that the transferee will conform to the requirements, orders, rules and regulations of the Division, and

4.why the proposed transfer is consistent with the public interest.

C.The criteria for approval of any assignment or transfer by the Administrator shall be identical with the criteria required to be met at the awarding of an original Compliance Order Certificate.

D.The granting of approval by the Administrator in any one instance, shall not constitute a waiver or grant in any other instance nor render unnecessary any other or subsequent approval.

E.Nothing in this section contained shall be deemed to prohibit a mortgage, pledge or sale and lease back of a system, or any part thereof, for financing purposes with the consent of the Administrator.

F.The Administrator shall have one hundred and twenty (120) days from the date of an application for transfer or assignment to act upon an application to transfer or assign unless the applicant and the Administrator agree to an extension of time.

G.Upon approval of any such sale, transfer, or assignment, the purchaser, transferee, or assignee shall return all certificates to the Administrator who shall then issue new Certificates in the name of the new Certificate holder.

1.4.2Substantial Control

A.For the purposes of this chapter, substantial control of a Certificate shall be deemed to exist whenever a person, family group, partnership, association, group of persons acting in concert, or corporation:

1.holds twenty-one (21%) percent or more of the stock of the corporation in the name of which the Certificate stands; and/or

2.exercises actual working control in whatever manner.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.5 Revocation, Abandonment and Administrative Penalties

1.5.1Abandonment

No certificate, nor any operating CATV System or portion thereof shall be abandoned by the holder or operator without the written consent of the Administrator.

1.5.2Revocation for Cause

A.Upon application by the Administrator, the Public Utilities Commission may, after public hearing, cancel, revoke, suspend or alter any Certificate for the following causes as provided in R.I. Gen. Laws § 39-19-8, as amended:

1.willful violation of any provision of R.I. Gen. Laws Chapter 39-19, as amended.

2.failure of the Certificate holder to comply with any reasonable rule, regulation, order, or direction of the Administrator; provided, however, that the Administrator shall not file such application until after he has given the certificate holder a reasonable opportunity to correct such failure or to satisfy the Administrator that such failure was due to causes beyond its control.

3.for failure to commence operations within a reasonable time after receipt of a Certificate of Authority to Operate.

4.after commencing operations, for failing (without good cause shown) for a continuous period of sixty (60) days to render Proper Service.

1.5.3Administrative Penalties

The Administrator may impose an administrative penalty upon any CATV Company which shall violate any of the provisions of R.I. Gen. Laws Chapter 39-19 or any Division, order, rule or regulation promulgated thereunder, of no less than two hundred ($200) nor more than one thousand dollars ($1,000) for each violation. In the case of a continuing violation, every day’s continuance thereof shall be deemed a separate and distinct offense.

1.5.4Removal of Property

A.In the event a Construction Certificate or Certificate of Authority to Operate is revoked or cancelled, the holder thereof will, upon request by the Administrator and at its own expense, promptly remove all its property and promptly restore the street or other area from which it is removed to such condition as directed by the Municipality or public authority or as ordered by the Administrator.

B.The Administrator may, upon written application therefor by the Certificate holder, approve the abandonment of any such property in place under such terms and conditions as the Administrator may prescribe.

1.5.5 Return of Certificate

Upon receipt of the Administrator’s consent to abandonment, or upon receipt of any order canceling, revoking, or altering any Certificate, the Certificate holder shall return the affected Certificate to the Administrator.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.6 Obscenity

1.6.1General Provisions

In addition to the Division regulations set forth in this chapter there are also applicable FCC rules and regulations dealing with obscenity (47 C.F.R. § 76.702 (2018)) and defining origination cablecasting (47 C.F.R. § 76.5(p) (2018)). Reference is also made to applicable Rhode Island statutes which cover obscenity (R.I. Gen. Laws Chapters 11-31 and 12-27).

1.6.2Dissemination of Obscene Program Material Prohibited

Neither a CATV Certificate holder nor RIPTA shall knowingly create, produce, direct, reproduce, publish, present, transmit, disseminate, advertise or exhibit, from whatever source, any programming which is obscene according to contemporary community standards or otherwise illegal on any channel originated by the CATV Certificate holder.

1.6.3Operating Rules for PEG Access Channel

Each Electing CATV Operator and RIPTA shall adopt PEG access user rules and guidelines for PEG access channels, to be filed with the Division prior to the activation of these channels, designed to prohibit the presentation of any obscene material over these channels. Except as hereinabove specified, neither an Electing CATV Operator nor RIPTA shall have control over the content of PEG access programming.

1.6.4Movie Ratings

Every CATV Certificate holder shall publish in advance the ratings of the Motion Picture Association of America (MPAA) for all movies cablecast when such ratings are available from the MPAA.

1.6.5Referral to the Department of Attorney General

When a program is determined to be obscene or otherwise illegal, under § 1.6 of this Part, the matter shall be referred to the Department of the Attorney General of the State of Rhode Island.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.7 Technical and Design Standards

1.7.1 Compliance with Design Standards; Waivers

All CATV Systems constructed and operated within this State shall conform to the minimum design criteria set forth in this chapter.

1.7.2 Residential Network

A.All CATV Systems in Rhode Island shall meet the following minimum standards:

1.shall be designed with an initial analog passband of 750 MHz;

2.be designed to be an active two-way plant utilizing the return bandwidth to permit such services as impulse pay-per-view and other interactive services; and

3.possess stand-by powering.

1.7.3Institutional Network

A.Due to the advent of facilities-based competition for Cable Services in Rhode Island, as of the effective date of these rules and subject to the provisions of § 1.7.3(B) of this Part, CATV Operators shall not be required to construct, operate or maintain Institutional Networks in this state. Nothing in this section shall be construed to preclude a CATV Operator from voluntarily constructing, operating or maintaining an Institutional Network in this state.

B.Physically separate Institutional Networks existing as of December 31, 2006 shall be preserved, unless otherwise authorized by the Division.

C.All existing or to be negotiated settlement agreements with respect to Information Services provided over Institutional Networks shall remain in full force and effect.

1.7.4Interconnection of Systems

A.Each holder of any CATV Certificate shall ensure that its system be so designed, constructed and operated that it may be interconnected with and tied into every other CATV System authorized by the Administrator to operate in an adjacent Service Area.

B.RIPTA shall have the responsibility for the operation of a Statewide Interconnection System for the Residential Network. All CATV Systems that receive a Certificate of Authority to Operate shall, where necessary, enter into a contract with other CATV Systems, the Administrator and RIPTA and begin to provide for the transmission of programming for the Statewide Interconnection System immediately upon commencing operation.

C.The Statewide Interconnection System shall be capable of providing both upstream and downstream video, audio, and data signals to and from all operational CATV Systems in the State on the equivalent of three (3) television channels in the downstream direction and three (3) television channels in the upstream direction. The design of the Statewide Interconnection System shall allow for economical expansion of both the number of activated channels and the total technical capacity of the system, as demand may warrant.

1.7.5Emergency Communications

A.All CATV Systems certified to operate in this State shall be required to participate fully in the State Emergency Alert System (“EAS”) operational plan developed by the Rhode Island Emergency Management Agency, or its successor. Such participation shall, at a minimum, require that the operator monitor at all times Primary-1, as designated by the State Emergency Management Agency, and that unmanned or part-time manned operations be so equipped that EAS warnings and programming be automatically carried.

B.All CATV Systems shall be so designed as to permit at a minimum emergency audio override on all channels in the event of activation of the EAS State Emergency Network by responsible Federal, State, or local officials (as provided for in the State EAS operational plan). Such audio override may direct viewers to turn to in-state television channels or to the government access channel, which may also be activated to carry emergency audio messages originated by the activating agency. The system shall be so designed that Subscribers may listen directly to the monitored radio station for the duration of the emergency activation.

C.In addition, wherever financially feasible, CATV Systems shall be so designed as to permit the capability of carrying both video and audio emergency information originated by the activating agency on the government access channel.

D.CATV System Operators shall be held harmless and indemnified from any damages or penalties resulting from such overriding by the Emergency Management Agency and/or other activating agency or official(s).

1.7.6Signal Carriage

A.Each CATV System certificated to operate within this State shall be operationally capable of relaying to all Subscriber terminals at least the following signals:

1.all television broadcast signals allowed or required to be carried in that Service Area pursuant to FCC rules, as amended from time to time; and

2.all specially designated access channels required to be carried by that system pursuant to § 1.14 of this Part.

B.The minimum number of access channels required to be carried by all CATV Systems under the provisions of § 1.14.1 of this Part shall be made available on the lowest tier or level of Basic Service offered by each CATV System on its Residential Network.

1.7.7Technical Standards

The technical standards contained in 47 C.F.R. § 76(K) (2018) are hereby incorporated into these rules, and made a part of all Certificates of Construction and Authority to Operate issued by the Administrator.

1.7.8Performance Tests

A.Within one hundred and twenty (120) days of commencement of service to Subscribers on any portion of a CATV system, or on any substantially reconstructed portion of a CATV system, the holder of a Certificate of Authority to Operate will conduct technical performance tests to determine the extent to which the system complies with the standards required in § 1.7.7 of this Part.

B.All such tests shall be performed by, or under the supervision of, a registered professional engineer or technician with proper training and experience, using instrumentation and calibration procedures necessary to achieve reasonable precision of measurement.

C.In the event the measured performance at any location fails to comply with the technical standards required, the Certificate holder shall immediately take steps to assure compliance.

D.Copies of reports of the initial performance test and measurement, and of annual performance tests required by FCC rules shall be kept available for inspection by Division personnel at the CATV System Operator’s office for at least five (5) years.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.8 Construction of CATV System

1.8.1Timetable - General Provisions

A.All Certificates granted according to these rules shall be subject to the specific timetable contained in § 1.8.2 of this Part.

B.Requests for waiver of the timetable will be entertained by the Administrator only upon a showing that compliance is beyond the control of the awardee.

C.Certificate holders are expected to keep the Administrator informed of progress in pre-construction and construction phases so that he may initiate investigation in the event of delays.

D.Unless for reasonable cause otherwise ordered by the Administrator, failure to meet the requirements of the timetable contained in § 1.8.2 of this Part will be considered grounds for either revocation of the Certificates issued or a fine based on the provisions contained in § 1.5.3 of this Part (Administrative Penalties).

1.8.2Timetable

A.All known necessary governmental permits, licenses, authorizations, and certificates (except a Construction Certificate) shall be applied for within ninety (90) days of the date of acceptance of Compliance Order Certificate.

B.The holder of a Compliance Order Certificate shall meet all requirements for granting of a Construction Certificate (as set forth in § 1.3.4 of this Part) within two hundred seventy (270) days from and after the applicant’s acceptance of a Compliance Order Certificate.

C.Construction of a CATV System shall begin within ninety (90) days of completion of sufficient contiguous make-ready work for the first phase of construction; provided further that applications for such make-ready work shall be made within thirty (30) days of receipt of a Construction Certificate.

D.The Certificate holder shall maintain current duplicate copies of all as-built design maps for its system at its local business offices, one of which shall be deemed to be the Division’s copy.

E.The Certificate holder shall give the Division at least sixty (60) days written notice of the date on which the CATV System or portion thereof is expected to be ready for commencement of service to the public.

F.Subscriber service shall commence as soon as practicable following receipt of a Certificate of Authority to Operate.

G.The CATV Company’s complaint department, in compliance with § 1.13.2 of this Part, shall begin operation at the same time as service commences.

H.Within one year after receipt of a Construction Certificate, the holder thereof shall have completed sufficient construction to make service available to Subscribers in at least twenty percent (20%) of the Service Area, or have completed construction of at least one hundred (100) plant miles of Residential Network cable, whichever is greater. Thereafter, service on the Residential Network shall be made available to potential Subscribers at the rate of twenty percent (20%) of the Service Area per year.

I.Unless the Administrator shall have waived the requirement, within five years from the receipt of the Construction Certificate the holder thereof shall have made service available to all potential Subscribers in those portions of its service area meeting the density tests described in § 1.10.2 of this Part.

J.For the purposes of this section, “to make service available” shall mean to pass homes and institutions with energized Residential Network trunk cable (as appropriate) so that those homes and institutions may be connected to the system.

1.8.3Design Changes and Extensions

If the holder of a Construction Certificate plans significant extensions of its trunk or distribution system, relocation of or substantive changes in its tower or head end facilities, or other significant redesign, rebuilding, or new construction, then that Certificate holder shall notify the Division of the substance of the extensions, relocations, changes, redesign, rebuild or new construction. Upon review, the Division will proceed pursuant to § 1.3.4(E) of this Part.

1.8.4Placement of Cables

A.Wherever practical, a holder of a Construction Certificate shall install its system using existing poles, conduits, rights-of-way, and other facilities of utility companies.

B.Wherever underground conduits are available, cables must be placed underground.

C.In the event neither poles nor conduits are available, a Certificate holder may install its facilities in any other manner approved by the Administrator; subject, however, to the prior approval of the governmental agency or public authority having jurisdiction over such other manner of installation.

D.In no event shall a CATV Certificate holder install poles in areas where underground facilities are used by existing public utilities, unless such facilities cannot accommodate additional cable.

E.If at any time a Municipality or the Commission shall require all utilities to be placed underground, the certificate holder shall, upon reasonable notice and at its own expense, conform with such requirement.

F.Whenever required by any public authority to relocate its facilities (for reasons which may include traffic conditions, public safety, street or highway construction or improvement, street or highway grade establishment or change, the installation of sewers, drains, utility facilities, or other public improvements or the moving of buildings or urban redevelopment), the Certificate holder shall, upon reasonable notice and at its own expense, comply with the requirement.

G:NOTE: Use of the phrase “at its own expense” in paragraphs §§ 1.8.4(E) and (F) of this Part shall not preclude receipt by the Certificate holder of any funds which may be available to it for this purpose by public or private grant or applicable law.

1.8.5Failure to Comply with Underground or Relocation Request

Upon failure, refusal or neglect of the Certificate holder to comply with a requirement to relocate its facilities or to install them underground (as provided for in § 1.8.4 of this Part, the municipality, the Commission, or the public authority imposing the requirement may, after hearing cause such work to be accomplished, and upon so doing shall submit to the Certificate holder an itemized statement of the costs thereof. If the certificate holder does not within sixty (60) days of the receipt of such statement pay the entire cost thereof, the holder’s Certificate of Authority to Operate may be subject to action pursuant to § 1.5.3 of this Part or may be altered, amended, or revoked and cancelled.

1.8.6Subscriber Drops

A.The standard installation shall consist of an aerial drop of no more than one hundred fifty (150) feet from a single pole attachment to the customer’s residence or other structure to be served. A standard installation shall be provided to each Subscriber at the Certificate holder’s expense. Drops in excess of one hundred and fifty (150) feet, any concealed wiring or other custom installation work, and all underground drops, shall be charged at the rates set forth in the CATV Company’s filed tariff.

B.In areas where distribution cables are located underground, Subscriber drop cables shall also be located underground. In other areas, the drop cables shall be aerial unless the Subscriber elects to pay the costs of underground installation as set forth in the CATV Company’s tariff.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.9 Safety Requirements

1.9.1Safety Codes and Standards

A.All construction of CATV Systems shall be with the use of materials of good and durable quality.

B.All work involved in construction, installation, maintenance and repair of CATV Systems shall be performed in a safe, thorough and reliable manner, and in compliance with applicable safety codes, including electric or other public utility codes for joint use of pole lines and underground trenches or conduits, and applicable federal, State and municipal law, ordinance and regulation.

C.All construction, operation and maintenance of CATV Systems shall be governed by the latest edition of the National Electric Code and National Electric Safety Code.

1.9.2Accidents

Every CATV Certificate holder and RIPTA shall, whenever any accident attended with loss of human life or serious injury occurs within this State, directly or indirectly arising from or connected with its maintenance or operation, give immediate notice thereof to the Division.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.10 Extensions of Service 1.10 Extensions of Service {#sec-815-ricr-10-05-1-1.10-extensions-of-service omnilex-key=us-ri-regs-official--title-815--815-RICR-10-05-1#1.10 Extensions of Service}

1.10.1Density

For the purposes of this chapter, “household density” or “density” shall mean the number of households or other Subscribers in a Service Area or part of a Service Area, divided by the linear miles of cable plant in that service area or part of a Service Area.

1.10.2Density Standards; Waivers

A.In all Service Areas in which the overall average density is greater than 60 homes per mile, the applicant is required immediately upon receipt of a Construction Certificate to proceed to wire the entire Service Area and to complete such total wiring and to make service available to every household in the area with deliberate expedition.

B.In all Service Areas in which the overall average density is less than 60 homes per mile, the applicant upon receipt of a Construction Certificate is required to proceed without delay to make service available to all homes in those portions of the Service Area having a density of 15 homes per ¼ mile.

1.10.3Line Extension Policy

A.All CATV Certificate holders shall file a statement of the CATV Company’s policy on line extensions for the Administrator’s review and approval. Each such policy must at a minimum conform to the provisions of the following paragraphs of this section.

B.All line extension policies shall allow for the recovery of the actual capital cost of each extension from the Subscribers served by that extension.

C.If a line extension policy filed in accordance with § 1.10.3(A) of this Part above requires contributions in aid of construction, then that policy shall also allow for the rebating or reallocation of such contributions among original and new Subscribers, if new Subscribers connect to the extension within a specified period of time.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.11 Tariff and Other Filings

1.11.1Tariff Required; Other Informational Filings

As required by R.I. Gen. Laws § 39-19-6 and subject to federal law, no certificates shall be issued or remain valid unless the applicant or Certificate holder (unless otherwise exempted) has filed with the Division and revised to keep current a copy of FCC Forms 1240 and 1205 (or such other appropriate forms) and a complete schedule of rates, charges and fees as provided in § 1.11.3 of this Part.

1.11.2General Provisions

A.As provided in R.I. Gen. Laws § 39-19-6, all rates and charges charged by a CATV Company shall be reasonably compensatory so as not to encourage unfair or destructive competitive practices and shall be applied without discrimination.

B.Nothing herein shall prohibit the following:

1.the waiving or reduction of rates and charges in conjunction with promotional campaigns for the purpose of attracting Subscribers;

2.the provision of installation or monthly service without charge to schools, government or non-profit organizations or agencies, or buildings owned or operated by such agencies at the option of the CATV System Operator; or

3.voluntary offering of reasonable discounts to senior citizens or other economically disadvantaged group discounts.

C.Any and all proposed tariffs or proposed revisions to existing tariffs shall be filed with the Division at least thirty (30) days in advance of their effective date(s). Upon filing its proposal, the Certificate Holder shall, at its sole cost and expense, forthwith publish notice of the filing of the proposal or revision at least once in a newspaper of general circulation within the entire affected CATV Service Area. Tariff filings shall be kept available for public inspection during normal business hours at the local business office of the Certificate holder, and the published notice shall state the address and normal business hours of that office.

D.The Administrator, on his own motion, or upon request of Subscribers, may hold public hearings on tariff filings, and will hold hearings on filings as required by R.I. Gen. Laws § 39-19-6 and applicable federal law.

1.11.3Contents of Tariff

A.For residential service, all proposed tariffs filed for approval shall, at a minimum, set forth the rates and charges for:

1.monthly Basic Service rates along with the number, listing and description of Basic Service channels available;

2.all applicable installation charges;

3.add, move, and reconnect charges for additional outlets at initial and after initial installation and inside wiring;

4.rental of Converters and remotes or other Subscriber’s home equipment;

5.change of service tier;

6.change of service, for in office and home visits;

7.miscellaneous; and

8.categories of services and/or equipment that are subject to regulation by federal law.

1.11.4Informational Filing

All CATV Companies operating in Rhode Island shall file and maintain with the Division an informational filing detailing all other rates and charges for services not specifically identified in § 1.11.3 of this Part, including but not limited to rates and charges for Cable Programming Services, Information Services, etc.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.12 Insurance and Indemnification

1.12.1Save Harmless Provision

A.The holder of a Construction Certificate or Certificate of Authority to Operate shall indemnify and hold harmless all governmental bodies and officials from any and all claims, demands, causes of action, action, suits, proceedings, liability, damage, cost and expense of every kind and nature whatsoever, including but not limited to damages arising from claims of injury or death to persons or damage to property occasioned by or arising out of any conduct undertaken pursuant to the granting of a certificate or pertaining to the exercise or the enjoyment thereof.

B.The holder of a Construction Certificate or Certificate of Authority to Operate shall pay and satisfy any judgment, decree or order issued in any of the premises against such governmental body or official.

1.12.2Insurance and Bonds Required

A.Before commencing any construction or operation authorized by the issuance of an appropriate Certificate, the holder thereof shall file with the Division, and thereafter keep current at all times, certificates of insurance and performance bonds in the amounts required by the following sections of this chapter.

B.Such certificates and proof shall show that the holder of a CATV Certificate has obtained and has in effect and thereafter maintains in full force and effect, at its own cost and expense, insurance policies and performance bonds issued by companies authorized to do business in Rhode Island.

C.No material change or cancellation of any insurance policy will be permitted without thirty (30) days prior written notice delivered to the Administrator.

1.12.3Liability Insurance

A.Every holder of a Construction Certificate or Certificate of Authority to Operate shall, in accordance with § 1.12.2 of this Part, furnish evidence of liability insurance for the following purposes and in the indicated amounts:

1.general liability (covering and furnishing protection to the holder, all governmental bodies and all public officials with regard to all damages resulting from the installation, development, maintenance, or expansion of the CATV system): not less than one million dollars ($1,000,000) combined single limit for bodily injury or death and property damage arising from any one occurrence.

2.motor vehicle liability (covering all motor or other vehicles, whether owned, nonowned, or hired): not less than five hundred thousand dollars ($500,000) combined single limit for bodily injury or death and property damage arising from any one occurrence.

3.broadcaster’s liability (including infringement of copyright): five hundred thousand dollars ($500,000) single limit of liability.

1.12.4Worker’s Compensation Insurance

All holders of a Certificate of Construction or Certificate of Authority to Operate shall obtain (in accordance with § 1.12.2 of this Part) worker’s compensation insurance as required by Rhode Island law.

1.12.5Performance Bond

All holders of a Certificate of Construction or Certificate of Authority to Operate shall furnish and file (In accordance with § 1.12.2 of this Part) a performance bond in the sum of not less than fifty thousand dollars ($50,000) nor more than one million dollars ($1,000,000), as determined by the Administrator, guaranteeing that the certificate holder will truly observe, abide by, fulfill and perform each and every term, condition, provision and limitation subject to which the certificate is granted or under which the privileges granted thereby are exercised.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.13 Customer Service

1.13.1Local Business Office

A.Each CATV System Operator must maintain at least one local business office in the state that shall be open and adequately staffed during normal business hours. Provided, however, that each CATV System Operator providing service in six (6) or more service areas shall have a minimum of three (3) local business offices statewide.

B.Such office shall not only be open during all usual business hours, and adequately staffed, but also provision shall be made so that telephone calls from Subscribers may be received at any time.

1.13.2 Complaints by Subscribers

A.Every CATV System Operator shall keep a record or log of all complaints received, quality of service, equipment malfunctions, billing procedure, employee attitude and similar matters. Such records shall be maintained for a period of two (2) years.

B.Such record shall contain the following information for each complaint received.

1.date, time, nature of complaint;

2.name, address, telephone number of complainant;

3.investigation of complaint;

4.manner and time of resolution of complaint; and

5.if the complaint regards equipment malfunction or the quality of reception, a report indicating corrective steps taken, with the nature of the problem stated and the technician or repairman identified by name. (such report shall be made even if no trouble is identified, or if further instruction was required to enable the Subscriber to properly adjust the converter or other terminal device, or if the fault was in the Subscriber’s television receiver.)

C.If the Division requests further investigation of a complaint, the CATV Operator will commence such investigation forthwith and proceed expeditiously. A full report of the operator’s investigation of the complaint shall be rendered to the Division without delay, indicating whether the complaint had merit, what was done (or is proposed to be done) to resolve it, and when the result can be expected.

D.The FCC customer service obligations contained in 47 C.F.R. § 76.309 (2018) are incorporated in this Part except where such obligations are exceeded, as provided in any Order or approved agreement between the Division and any CATV Company.

1.13.3Notice of Complaint Procedure

At the time of initial installation or reconnection of service, and at least once each year thereafter, every CATV System Operator shall deliver to every Subscriber and user a clear, understandable written statement of the procedure for reporting and resolving complaints, and the process available to him for redress of any service problem or other grievances he may have. Such statement shall list the names, addresses and telephone numbers of these officials or representatives of the operator, the Division, and the FCC to whom complaints should be addressed.

1.13.4Discontinuance of Service

A.Except as otherwise provided in this chapter, no CATV System Operator shall curtail, suspend or discontinue service to any Subscriber, except at the Subscriber’s request, or for the following purposes or reasons:

1.to comply in good faith with the order of a court of competent jurisdiction;

2.to make temporary or permanent repairs or improvements in the system or its equipment;

3.to prevent a hazard to persons or property resulting from the condition of the installation or the Subscriber’s equipment;

4.because of failure to pay a valid bill due for service furnished at a present or previous location or to make or increase a proper deposit;

5.because the Subscriber has removed or is removing from the premises;

6.because the Subscriber without its approval tapped the system to provide Cable Service to others or otherwise tampered with its facilities;

7.because the Subscriber made fraudulent representations regarding the use of the service within the Subscriber’s premises;

8.because the Subscriber so operates or connects his equipment as to cause disturbing effects on the service of other Subscribers or its equipment or facilities;

9.because the Subscriber refuses reasonable access to his premises to its representatives who must have such access to make required inspections or tests or to make adjustments to or service equipment or to legally remove its property or to otherwise comply with conditions of its approved tariff; and

10.because the provision of service to the Subscriber jeopardizes the safety of company employee(s).

1.13.5Discontinuance for Nonpayment of Bills

A.No CATV System Operator shall discontinue service to any Subscriber for nonpayment of bills unless the Subscriber has been sent written notice of the operator’s intention to disconnect, mailed so as to be received, under reasonable circumstances, at least ten (10) days in advance of the proposed discontinuance. No such intention notice shall be sent until at least thirty (30) days have elapsed from the date that the bill is mailed or delivered; Provided, however, in case of illegal use of the cable, fraud, or if it is indicated that the Subscriber is prepared to remove from the Service Area, the operator may discontinue service without notice.

B.Where a charge or service is in dispute, the Subscriber or the CATV Operator may request, prior to the date of discontinuance specified in the notice, a review by the Administrator or his designee, who shall investigate the complaint, afford each party to the dispute a reasonable opportunity to be heard, and communicate his findings to the parties. During the pendency of such review, the operator shall not discontinue service to the Subscriber due to the circumstances out of which the dispute arose.

1.13.6Credit Deposits

A.Where a credit of a Subscriber is not established or where a Subscriber is in default in the payment of bills, a CATV System Operator may require as a condition of supplying or continuing service deposit not exceeding the estimated average charge for service during any two-month period.

B.Where a Subscriber who has made a deposit fails to pay a bill, the CATV System Operator shall apply the deposit insofar as necessary to liquidate the bill, and may require a restoration of the deposit.

C.Upon closing any Subscriber account for which a deposit has been paid, the CATV System Operator shall promptly return the balance remaining after the closing bill for service has been settled to the depositor with the interest due.

D.If a Subscriber who has paid a deposit establishes satisfactory credit by payment of all bills within the allowed time during a period of two years, the CATV System Operator shall refund to the Subscriber the amount of the deposit together with all interest due thereon.

1.13.7Equipment Deposits

If a CATV System Operator supplies equipment to a Subscriber it will not require a deposit exceeding the replacement cost of the equipment which deposit it will hold at six percent (6%) per annum simple interest to be applied so far as necessary to replacement or repair of the equipment resulting from Subscriber abuse. In such case, it may require that the deposit be restored to its original amount.

1.13.8Restoration of Service

A CATV System Operator shall restore service upon application when the conditions under which it was disconnected are corrected and all proper deposits made. In the event of a dispute, it will accept and comply with the ruling or order of the Administrator until the same is set aside or reversed by a court of competent jurisdiction.

1.13.9Interruption of Service

A.All CATV System Operators shall render efficient service, make repair promptly, and interrupt service only for good cause, and for the shortest time possible. Insofar as is feasible, planned interruptions of service shall be scheduled during hours of minimum system use. All CATV System Operators shall exercise reasonable diligence to avoid interruption or curtailments of service, and will restore service as promptly as possible consistent with safe practice.

B.Planned interruptions of service shall be preceded by at least nine-six (96) hours prior written notice delivered to a designated employee of the Division. Each such notice shall state the time, expected duration and cause of the interruption. In addition, beginning at least ninety-six (96) hours in advance of the planned interruption of service, the operator shall give continuous notice of the interruption to all affected Subscribers on at least one access channel or automated channel. The operator shall give affected users of institutional services pursuant to § 1.7.3(B) of this Part at least ninety-six (96) hours notice of interruptions of their service by an appropriate means. Wherever feasible, the CATV Operator shall also mail to all affected Subscribers a printed notice of the planned interruption.

C.Interruption of service due to accident or other causes beyond the control of the CATV System Operator shall be reported to the Division in the following manner:

1.in the event that five hundred (500) or more Subscribers experience an interruption in cable service for a period of time greater than one (1) hour in duration on a single occasion, the responsible CATV System Operator shall provide telephone notification to the Division within twenty-four (24) hours of the service interruption (or on the first business day following a weekend or holiday) and provide written notification to the Division within five (5) days of the interruption setting-forth the facts and cause of the service interruption.

D.In the event of interruptions of service resulting from whatever cause other than negligence of a Subscriber or failure of equipment of facilities furnished by a Subscriber, and which continues more than twenty-four (24) hours, and which is reported to the company, a prorated adjustment to the monthly service charge shall be credited to the affected Subscribers for each twenty-four (24) hour period or fraction thereof that the interruption continues. No credit will be given for interruptions of service of less than twenty four (24) hours duration. For the purposes of calculating a pro-rated adjustment, every month shall be considered to have thirty (30) days.

1.13.10 Installation of Drops

When a CATV System Operator receives an application for service, and the only outdoor installation work required is to drop a line from the feeder cable to the Subscriber’s building, it will make the installation promptly and in no event later than ten (10) days following receipt of the application unless good and sufficient reason exists.

1.13.11 Parental Guidance Device

Each CATV System Operator shall provide parental control devices to customers upon request at cost or, if the charges for such devices are regulated, at the regulated rate thereof.

1.13.12 Captioning

In order to serve the needs of hearing impaired persons in their Service Areas, each CATV System Operator shall equip its customer service center with a Telecommunications Device for the Deaf (TDD), and shall make available upon request closed caption devices for hearing impaired customers at cost.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.14 Community Programing Services

1.14.1Number and Designation of Access And Interconnect Channels

A.Every CATV System Operator constructing a Residential Network of the minimum downstream channel capacity specified in § 1.7.2(A) of this Part shall specially designate and reserve a minimum of six (6) television channels for access purposes, inclusive of Interconnect channels, as set forth below.

B.Every CATV System Operator shall make available to all Subscribers who receive all or any part of the total services offered on the system at least one access channel in each of the categories in §§ 1.14.1(B)(1), (2), (3), (4) and (5) of this Part. Additional channels for access purposes shall be apportioned and designated in response to demonstrated community need (as provided for in § 1.14.1(D) of this Part). Channels reserved for access purposes shall be designated as one of the following:

1.Public: Public access channels shall be made available for use by members of the general public on a first-come, first-served nondiscriminatory basis.

2.Educational: Educational access channels shall be made available for use by local educational authorities and institutions (including, but not limited to, school departments, colleges and universities but excluding commercial educational enterprises);

3.Government: Government access channels shall be made available for use by municipal and state government;

4.Leased: Leased access channels shall be made available on a first-come, first served non-discriminatory basis; and

5.Interconnect Channels established by § 1.7.4(C) of this Part: Interconnect Channels shall be made available on a first come, first served non-discriminatory basis for PEG programming of statewide import.

C.The minimum number of specially designated access channels required by the above paragraph shall be made available immediately upon commencement of Subscriber service.

D.If any of the specially designated access channels required by §§ 1.14.1(A) and (B) of this Part above are in use eight (8) hours per day for a three-month period, and if there is demand for use of an additional channel for the same purpose, then the CATV System Operator shall provide an additional specially designated access channel within six (6) months of a formal request by the Service Area Citizens’ Advisory Committee for that Service Area.

E.However, upon a showing to the Administrator that demand does not warrant activation of all the specially designated access channels required by this section, PEG access and/or Interconnect programming may be combined onto one or more channels.

F.To the extent that time is available therefor, specially designated access channels may be offered for lease or used for other broadcast or non-broadcast services, provided that such services are subject to displacement if there is demand to use the channel for its specially designated purpose.

G.Any fixed studio provided pursuant to this Pat shall be made available without charge to users of the specially designated access channels. Each Electing CATV Operator and RIPTA shall grant such users reasonable access to the studio facilities during normal business hours. In addition, access to the studio facilities shall be granted upon request until 9:00 p.m. weekday evenings and at least four hours per day on weekends.

1.14.2Fixed Studio Production Capability

A.RIPTA shall provide no less than five (5) fixed studios statewide. Prior to any relocation of a fixed studio, RIPTA shall provide advance notice to the Division and shall consult with the CATV franchise holders regarding an appropriate new location. The Division reserves the right to conduct a proceeding to determine if the relocation is in the public interest. Each Electing CATV Operator shall also provide one (1) fixed studio in each of its Service Area(s). Each such studio shall be equipped for full-color production and transmission of live, videotape, and film television programs on specially designated access channels. (Such programs may be furnished or produced by residents of that Service Area and institutions or groups within that Service Area.)

B.Each studio shall be reasonably located within a Service Area.

C.At a minimum, each such studio shall be furnished with the following equipment, which shall function and shall be in accordance with equipment that are standard in the industry:

1.Studio/Control Room:

a.three (3) cameras with tripods on dollies;

b.one (1) record video tape recorder that records video in suitable format and one (1) playback video tape recorder that plays back video with time base corrector in suitable format;

c.one (1) modulator for tie in for live cablecast and monitoring (audio and video) for the modulator;

d.one (1) studio control room switcher;

e.one (1) character generator;

f.one (1) audio mixing board;

g.intercom system and control room speaker;

h.one (1) cassette player/recorder, one (1) DVD player and one (1) CD player;

i.(shared with portable) hand and Lavaliere microphones and audio cables;

j.test/signal equipment including distribution amps, audio amplifiers, and wave form monitor/vector scope/processing gear for live cablecast;

k.lighting grid and lights, with control system remotely controlled from control room;

l.Appropriate support equipment and accessories including but not necessarily limited to cables, cords, microphone stands and booms, studio furnishings, and an intercom system;

m.one (1) studio color monitor and audio speaker, one (1) preview and program color monitor, black & white camera monitors, and monitors for record deck and character generator;

2.Editing:

a.cuts-only linear edit suite, including one source and one record deck, edit controller, character generator, audio mixing capability, cassette player, CD player, deck monitors, character generator, monitor, and edit controller monitor;

b.non-linear editing system;

3.Playback:

a.automated controller;

b.video recorder in suitable formats;

c.color monitor;

d.modulator; and

e.time base corrector.

1.14.3Portable Production Equipment Capability

A.Each Electing CATV Operator and RIPTA shall provide and maintain mobile and/or portable television production equipment for use by residents of each Service Area in the production of programming for specially designated access channels. Such equipment shall be available from one or more convenient and accessible locations within the Service Area.

B.Each Electing CATV Operator and RIPTA shall provide and maintain portable equipment of a type and in quantities adequate to satisfy the program production needs of the users of specially designated access channels. At a minimum, however, each Electing CATV Operator and RIPTA shall immediately provide two (2) complete sets of the following equipment for use by producers in each studio that they operate and maintain:

1.two (2) camcorders – appropriate format and two (2) tripods;

2.monitoring – audio for each camcorder, and monitoring – video for each camcorder;

3.two (2) lighting kits;

4.one (1), 4-input wireless system, including mixer function, including at least two (2) handheld microphones and two (2) Lavaliere microphones; and

5.appropriate accessories, including but not limited to, cords, cables, microphone desk, stands, audio cables/connectors and equipment cart.

C.To the extent that equipment maintained at the fixed studio is portable and not in use for program production for specially designated access channels at that location, such equipment may be made available for use outside the studio.

1.14.4Access Services Operating Rules

A.Each Electing CATV Operator and RIPTA shall establish and publish rules pertaining to the administration and use of the specially designated access channels and access production equipment and facilities required by this chapter. Such rules shall be filed with the Administrator at least sixty (60) days before any access channels are put into use. Any revisions to such rules shall be promptly filed with the Administrator. Copies of such operating rules shall be kept available for public inspection at the local business office of RIPTA and the Electing CATV Operator.

B.In addition to the specific requirements contained in the following sections of this chapter, all operating rules submitted in accordance with this section shall include, but not be limited to, the following provisions:

1.procedures for scheduling the use of television production equipment provided by the system operator, and for scheduling the cablecasting of programming on the specially designated access channels;

2.a provision requiring the Electing CATV Operator and RIPTA to maintain a complete record of all users of the specially designated PEG and leased access channels, and to keep such record available for public inspection at the local business office of the Electing CATV Operator and RIPTA. Such record shall contain the names, complete addresses, and telephone numbers of these users, and shall be retained by the operator for a period of two years; and

3.a provision that the Electing CATV Operator and RIPTA shall not attempt to control program content or specially designated access channels, except to the extent necessary to protect it from liability under this Part and applicable law.

1.14.5Access Channel Operating Rules

A.Every Electing CATV Operator within this State and RIPTA shall:

1.actively encourage the use of specially designated access channels as a medium of diversified public expression;

2.make time available to all users of access channels on a first-come, first served, nondiscriminatory basis, and without charge;

3.provide at its own cost professional assistance to citizens desiring to advance their skills in planning, production, and programming of effective programs for specially designated access channels, and in developing innovative uses of cable technology;

4.furnish without charge appropriate technical assistance and adequate studio facilities to users of the specially designated access channels; and

5.provide at its own cost professional assistance to local school officials in planning and installing cable facilities for the reception of educational television and for local origination within the school system.

B.Neither an Electing CATV Operator in this State nor RIPTA shall:

1.permit any access channel to be used to give political advantage to an incumbent in office; and

2.permit the specially designated government channel to be used to propagandize government views.

C.If an Electing CATV Operator in this State or RIPTA permits the origination or dissemination of political campaign material, it will afford equal opportunities to all candidates for the same office.

D.If an Electing CATV Operator in this State or RIPTA permits the origination or dissemination of views concerning a controversial issue of public importance, it will afford equal opportunity for the presentation of contrary points of view.

E.Every Electing CATV Operator in this State and RIPTA shall adopt appropriate operating rules for the implementation of these objectives.

1.14.6Leased Access Channel Operating Rules

The operation of all leased access channels of a CATV System Operator shall be governed by applicable federal law, including but not limited to, 47 C.F.R. §§ 76.701, 76.970, 76.971, and 76.975 (2018).

1.14.7Personnel and Technical Assistance

A.Each Electing CATV Operator and RIPTA shall make available an adequate number of appropriate programming and technical personnel to maintain and oversee the use of the production equipment required to be provided by this chapter, and to provide the following training and technical assistance:

1.training of government employees, employees of educational institutions, and representatives of non-profit community organizations and institutions in the use of system production equipment available for access and institutional program production;

2.training of the public in the use of system production equipment available for access program production; and

3.guidance and planning assistance to government officials, officials of educational institutions, and officials of non-profit community institutions and organizations in the development of access programming and institutional services, and the design and utilization of facilities for production, origination, and internal distribution (i.e., within buildings).

B.Every Electing CATV Operator and RIPTA shall each employ at least one (1) full-time coordinator of access services who shall have continuing oversight and administration of the development and utilization of access programming services.

C.Any and all technical, planning, and instructional assistance provided by an Electing CATV Operator and RIPTA pursuant to this section shall be provided at no expense to the access services user.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.15 Advisory Bodies

1.15.1Service Area Citizens' Advisory Committees

A.The Administrator shall appoint Service Area Citizens’ Advisory Committees in accordance with this chapter.

B.Effective January 15, 2010, any active Service Area Citizens’ Advisory Committees, which are duly constituted in accordance with § 1.15 of this Part may elect to remain in existence at their option. Provided however, any Service Area Citizens’ Advisory Committees, which are deemed inactive by the Administrator may be disbanded at the discretion of the Administrator. All appointments to Service Area Citizens’ Advisory Committees after the effective date set-forth in this subsection shall be made at the discretion of the Administrator. A municipality may request the Administrator review the need for additional Service Area Citizens’ Advisory Committees on an ad hoc basis provided such request is supported by a city or town council resolution setting-forth the reasons for such request.

C.Service Area Citizens’ Advisory Committees shall consist of the following:

1.from each municipal government in the service area, one (1) representative. Municipal representatives shall be nominated by the highest elected municipal official in each Municipality, with the advice and consent of the municipal council. If no nomination is received within forty-five (45) days of notification, the chairman of the advisory committee shall make the nomination. If a nomination is not received from the chairman of the advisory committee within another forty-five (45) days, the Administrator may move forward with appointments as he deems appropriate;

2.at least one (1) representative of municipal school systems in the Service Area, after consultation with the Superintendents of the school systems in the Service Area;

3.one (1) representative of post-secondary higher education, if interested;

4.not less than three (3) and not more than five (5) representatives of the general public; and

5.the managers of each CATV Certificate holder for that Service Area (or his/her designee), and one (1) representative from RIPTA, as non-voting members.

6.Membership of such committee (and of any such sub-committees as they may appoint) shall be as broadly representative of the interests of the community as possible. Except for the CATV Certificate holders’ representatives and that of RIPTA, appointees shall be residents of that Service Area, and shall not be commercially involved in the CATV industry.

D.Members of Service Area Citizens’ Advisory Committees shall serve without remuneration for a period of three (3) years. Original appointments shall be for terms of one, two or three (1, 2, or 3) years with subsequent appointments for a term of three (3) years, so that the terms of one-third of the committee’s member expire in any year. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments; however, vacancies for reasons other than expiration shall be filled only for the unexpired portion of the term.

E.The members of each Service Area Citizens’ Advisory Committee shall choose a chairman from among themselves, and may appoint such subcommittees as it sees fit to deal with specific issues or segments of community interests. Meetings shall be held no less than four times annually, or at the call of the chairman. All meetings shall be open to the public.

F.Each Service Area Citizens’ Advisory Committee shall have the following duties and responsibilities:

1.to inform itself and the public about cable television;

2.to advise the CATV Certificate holder and RIPTA of community needs and concerns;

3.to assess on an ongoing basis, the communications needs and desires of the residents of the proposed or existing Service Area; to analyze how the services which can be provided by CATV Systems can satisfy those needs; and to make periodic written reports to both the Administrator, the CATV Certificate holders (if any), and RIPTA stating the communications needs and desires of the residents of the proposed or existing Service Area, and making recommendations on the means of satisfying those needs (which, in the case of a proposed service area, or an existing Service Area for which no Compliance Order Certificates have been issued, may include a description of the CATV System it deems best suited to meet those needs);

4.to advise and make recommendations to an Electing CATV Operator and RIPTA on the development of operating rules for PEG access channels governing continuing administration of those channels;

5.to advise and make recommendations to an Electing CATV Operator and RIPTA and community agencies on programming policies and development and acquisition of programs for PEG access channels and Institutional Networks preserved by § 1.7.3(B) of this Part;

6.to assist an Electing CATV Operator and RIPTA in the promotion of PEG access channels;

7.to recommend to the Administrator, in consultation with the Certificate holder and affected agencies, which public buildings and non-profit organization buildings within the Service Area should receive free residential service;

8.to advise and make recommendations to Certificate holders and RIPTA on the utilization of the statewide interconnection facilities and channels;

9.effective March 31, 2011, to file annually with the Division, on or before March 31, a written report containing a summary of the committee’s activity for the previous calendar year; and minutes for meetings held during the previous calendar year; and

10.to perform such other duties as the municipal governments of that Service Area, in consultation with the Administrator, may specify in writing.

G.Service Area Citizens’ Advisory Committees shall promptly furnish copies of all reports to the Administrator, to RIPTA, and to municipal officials and the CATV Certificate holder for that Service Area.

1.15.2Cable Television Advisory Council

A.There may be established by the Administrator a permanent Cable Television Advisory Council consisting of twelve (12) members, three (3) representatives of all the CATV Certificate holders in the State, one member from RIPTA and eight (8) public members, as provided below, all of whom shall serve without remuneration.

B.Ex-officio members of the Council shall be considered for appointment to the Council upon application to the Administrator.

C.Each representative of the CATV Certificate holders shall be the manager or designee of a Certificated CATV Company in this State. These representatives shall be appointed by the Administrator for a two (2) year term on a rotating basis. Original appointments of these representatives shall be made for terms of one and two (1 and 2) years, with subsequent appointments for a two (2) year term.

D.Public Members of the Council shall be selected by the Administrator from nominations submitted by the Service Area Citizens’ Advisory Committees in the various franchised parts of the State, and shall include at least three (3) chairmen of Service area Citizens’ Advisory Committees. All public members shall be appointed for a term of three (3) years. Original appointments of public members shall be for terms of one, two, or three (1, 2, or 3) years with subsequent appointments for a term of three (3) years, so that the terms of one-third of the public membership of the Council shall expire in any year. Members shall be eligible to succeed themselves. Vacancies shall be filled in the same manner as original appointments; however, vacancies for reasons other than expiration shall be filled only for the unexpired portion of the term. Public members shall be as broadly representative of the State as possible.

E.The Administrator shall designate a member of the Council as its chairman; however, only public members shall be eligible to serve as chairman. The Council shall meet at the call of its chairman.

F.The Cable Television Advisory Council shall have the following duties and responsibilities:

1.to advise the Administrator on the development, adoption and implementation of rules, regulations and policies governing CATV systems in the State; and

2.to advise the Interconnect of statewide needs and concerns, and on policies governing continuing administration of that system designed to meet those needs and concerns.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.16 Reports and Filings

1.16.1Annual Report Required

A.Within one year of the granting of a Certificate of Authority to Operate, on March 31 and annually thereafter, every CATV Operator and RIPTA, as applicable, shall file a report with the Division, containing the information required by the following sections and any other information the Administrator may require. The report shall be made in a form acceptable to the Administrator.

B.The Division shall review each such annual report as it is received, and present the results of its review to the Administrator.

1.16.2Annual Report - Financial, Ownership, Management Information

A.Every annual report submitted to the Division in accordance with § 1.16.1 of this Part shall contain the following information regarding ownership, management, and financial condition of the Certificate holder:

1.a sworn financial and operating report including a balance sheet and profit and loss statement;

2.a list of its officers, directors, and management personnel; and

3.a statement containing the name, address, date of birth, and social security number of each legal and each beneficial holder of more than five percent (5%) of its stock; and the name, address and nature of business of any enterprise in which it has more than five percent (5%) interest.

1.16.3Annual Report - Facilities, Services, Subscriber Information

A.Every annual report submitted to the Division in accordance with § 1.16.1 of this Part shall contain the following information regarding the physical facilities and equipment of the system, its Subscriber population, and the services offered by it:

1.current exact location of head-end (and sub-headends or hubs, if any), studios and offices;

2.a listing of broadcast and non-broadcast signals carried;

3.a report on the nature and extent of programming originated by the CATV System Operator (whether automated, live, or videotape);

4.a report on the nature and extent of utilization of access channels and institutional services;

5.a report on the nature and extent of any experimentations and service innovations conducted during the previous twelve months;

6.a report on the nature of the use of system facilities (including studio and mobile and portable production equipment) by noncommercial and commercial customers other than users of access channels;

7.a breakdown of Basic Service and Cable Programming Service Subscribers by Service Area; and

8.the name and address of each Subscriber receiving free monthly installation of Cable Service (specifying levels of service contracted for by each), along with the relationship of each such Subscriber to the system. Notwithstanding the foregoing, the CATV Company shall not be required to provide any Subscriber information in violation of § 631 of the Cable Act (47 U.S.C. § 551 (2018)) or any other applicable law regarding the protection of Subscriber privacy.

1.16.4Accounting and Reporting

A.Each CATV Company, and RIPTA, for its PEG access and Interconnect operations, shall keep such books of accounts and all other books and financial records applicable to its system in this State in accordance with generally accepted accounting principles (GAAP).

B.Each CATV Company, and RIPTA, for its PEG access and Interconnect operations, shall file annually with the Division the appropriate forms required by the GAAP within ninety (90) days following the close of the company’s fiscal year.

C.A CATV System Operator, and RIPTA, for its PEG access and Interconnect operations, who ceases to operate a CATV System in this State shall promptly notify the Division of that fact and file, no later than thirty (30) days after ceasing operation, a final financial report in a form and manner acceptable to the Division.

D.Nothing in this section shall be construed to limit the Division’s power to require additional or supplemental information.

1.16.5Availability of Books and Records

Each CATV Company, and RIPTA, for its PEG access and Interconnect operations, shall fully cooperate in making available at reasonable times, and the Division shall have the right to inspect the books, records, maps, plans and other like materials of the company applicable to its system or systems in this State, at any time during reasonable business hours; provided where volume and convenience necessitate, the company may require inspection to take place on its own premises.

1.16.6Annual Access Provider Report

A.Every Electing CATV Company shall file a report with the Division each year (January 1 through December 31) or portion of a year concerning its efforts in the administration of access. The report shall be due on March 31 of the following year and shall be in a form and contain such information that is acceptable to the Administrator.

B.RIPTA shall file a report with the Division each fiscal year concerning its efforts in the administration of access. The report shall be due within 90 days of the conclusion of RIPTA’s prior fiscal year and shall be in a form and contain such information that is acceptable to the Administrator.

1.16.7CATV Company Assessment Report

In addition to its ongoing authority to regulate Rhode Island CATV Companies and RIPTA, for its PEG access and Interconnect operations, under R.I. Gen. Laws Chapters 39-19 and 16-61, respectively, the Division shall conduct an assessment of the operations of each cable company and RIPTA, for its PEG access and Interconnect operations, in the State every five (5) years as it relates to its compliance with this Part. The Division shall hold at least one (1) public hearing and may retain expert witnesses. The first such report shall be completed within twelve (12) months following the adoption of this rule, and every five (5) years thereafter. The report shall be in a form suitable to the Administrator.

1.16.8Periodic Rules Review

In addition to its ongoing authority to promulgate rules and regulations regarding the regulation of cable television in the State of Rhode Island under R.I. Gen. Laws Chapter 39-19, every ten (10) years from the date of the promulgation of these rules, the Division shall conduct a review of these rules to ensure that they are in conformance with the future cable-related community needs and interests of the people of the State of Rhode Island.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

815-RICR-10-05-1 § 1.17 Peg Studio and Interconnect

1.17.1Transfer of Existing PEG and Interconnect Facilities to RIPTA

A.On or after January 1, 2007, any existing CATV Operator may transfer to RIPTA the ownership of its PEG access studios (or where applicable the operation of its PEG access facilities), and the ownership of playback equipment and existing Interconnect playback equipment.

B.No later than thirty (30) days prior to the effective date of any such transfer, the contracting parties shall provide the Division the following documentation:

1.a copy of the agreement effecting the transfer;

2.a notice designating the effective date of the transfer; and

3.a notarized affidavit that each lease entered into between the parties or assumed by RIPTA is at fair market value, and that the transferor’s employees working in public access facilities shall become employees of RIPTA on the effective date of the transfer unless otherwise negotiated to the satisfaction of the Division.

C.On or before March 31, 2007, any existing CATV Operator electing to continue to operate and manage its PEG access studio(s) within its Service Area shall provide written notice to the Division of its election to do so, without prejudice to deciding at a subsequent time to transfer its PEG access studios (or where applicable the operation of its PEG access facilities), and the ownership of playback equipment and existing Interconnect playback equipment.

1.17.2PEG Studio and Interconnect Quarterly Expense Statement, Fee and Pass-Through

A.On or before June 30, 2007, and by the last day of the second month of each calendar year quarter thereafter, RIPTA shall forward an itemized statement to each CATV Operator that reflects RIPTA’s operating and maintenance expenses for PEG access facilities, playback equipment and Interconnect equipment and other PEG and Interconnect related expenses for the preceding calendar year quarter.

B.Each CATV Operator that receives quarterly statements from RIPTA shall, by the last day of each calendar year quarter, provide to RIPTA a PEG access and Interconnect fee in an amount equal to $.50 per month (or such other amount set by the Division) for each Subscriber of the CATV Operator in the preceding quarter, and may pass through such expenses to its Subscribers as provided by federal law.

C.The Division may adjust the amount of the PEG access and Interconnect fee provided for in § 1.17.2(B) of this Part, no more than once annually, following public hearing and notice to RIPTA, all CATV Operators and others provided in § 00-00-1.12 of this Title, and upon a finding that an adjustment is appropriate in light of the prudent and reasonable expenses incurred, or projected to be incurred, by RIPTA in operating and maintaining PEG access facilities, playback equipment, and Interconnect equipment as required and allowed by this Part.

1.17.3Yearly PEG Studio and Interconnect Expense Statement

A.On or before March 31, 2008, and by March 31st of each calendar year thereafter, RIPTA shall forward to the Division an itemized statement that reflects RIPTA’s operating and maintenance expenses for PEG access facilities, playback equipment and Interconnect equipment for the preceding calendar year. RIPTA may include the yearly statement in the report that it files with the Division pursuant to § 1.16.6 of this Part.

B.The total annual amount of itemized operating and maintenance expenses reflected in RIPTA’s statement for calendar years 2007 and 2008 shall not exceed the sum which is currently generated by the fifty (50) cents per Subscriber per month PEG access and regulatory fee and any additional revenue the Division receives pursuant to the settlement agreement dated October 4, 2006 in Docket No. D-2006-C-4. On or after January 1, 2009, RIPTA may modify this amount, not more than once annually, with the consent of the Division.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2012-11-15 to 01/04/2022
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Technical Revision — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2012-11-15 to 11/15/2012
• Amendment — effective from 2010-01-15 to 11/15/2012
• Amendment — effective from 2008-04-21 to 01/15/2010
• Amendment — effective from 2007-01-01 to 04/21/2008
• Amendment — effective from 2005-02-24 to 01/01/2007
• Periodic Refile — effective from 2001-12-19 to 02/24/2005

Chapter 20 Natural Gas and Jurisdictional Propane

Subchapter 00

815-RICR-20-00-1 Standards for Gas Utilities, Master Meter Systems and Jurisdictional Propane Systems

815-RICR-20-00-1 § 1.1 Incorporated Materials

A.These regulations hereby adopt and incorporate 49 C.F.R. Parts 40 (2018) and 49, 49 C.F.R. Parts 190-199 (2018) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Part.

B.These regulations hereby adopt and incorporate the following National Fire Protection Association (NFPA) publications by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Part:

1.NFPA 54 National Fuel & Gas Code (2018),

2.NFPA 58 Storage and Handling of Liquefied Petroleum Gases (2017),

3.NFPA 59 Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants (2018), and

4.NFPA 59A Production Storage and Handling of Liquefied Natural Gas (LNG) (2016).

C. These regulations hereby adopt and incorporate the following American Gas Association (AGA) publications by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Part:

1.AGA Manual for the Determination of Supercompressibility Factors for Natural Gas, Project NX-19 (A.G.A. Catalog No. L00340) (1962), and

2.AGA Compressibility and Supercompressibility for Natural Gas and Other Hydrocarbon Gases, Transmission Measurement Committee Report No. 8 (1992).

D.These regulations hereby adopt and incorporate American National Standards Institute (ANSI) standards ANSI B109 (1986) and ANSI B40.1 (1986) by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Part.

E.These regulations hereby adopt and incorporate the following parts of the American National Standards Institute/American Petroleum Institute (ANSI/API) 2530, Orifice Metering of Natural Gas and Other Related Hydrocarbon, AGA Report No. 3, by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Part:

1.Part I, "General Equations and Uncertainty Guidelines," (AGA Catalog No. XQ9017) (1990),

2.Part II, "Specification and Installation Requirements," (AGA Catalog No. XQ9104) (1991),

3.Part III, "Natural Gas Applications," (AGA Catalog No. XQ9210) (1992),

4.Part IV, "Background Development, Implementation Procedures, and Sub-Routine Documentation for Empirical 33 Flange-Tapped Discharged Coefficient Equation," (AGA Catalog No. XQ9211) (1992).

F.These regulations hereby adopt and incorporate specific American National Standards Institute (ANSI) standards listed below by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Part.

1.ANSI B109.1, Diaphragm Type - Gas Displacement Meters, Under 500 Cubic Feet per Hour Capacity, (AGA Catalog No. X69218) (1992),

2ANSI B109.2, Diaphragm Type - Gas Displacement Meters, 500 Cubic Feet per Hour Capacity and Over, (AGA Catalog No. X69219) (1992), and

3.ANSI B109.3, "Gas Displacement Meters, Rotary Type," (AGA Catalog No. X69220) (1992).

G.These regulations hereby adopt and incorporate the American Society for Testing and Materials (ASTM) publications by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with this Part:

1. ASTM specification D-1826 "Calorific Value of Gases in Natural Gas Range by Continuous Recording Calorimeter," (D1826-88) (1988),

2. ASTM specification D-1945 "Method for Analysis of Natural Gas by Gas Chromatography," (D1945-91) (1991), and

3.ASTM specification D-3588 "Method for Calculating Calorific Value and Specific Gravity (Relative Density of Gaseous Fuels)," (D3588-91) (1991).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.2 Application of Rules and Regulations

A.This Part shall apply to all LDC’s, Master Meter Systems, and Jurisdictional Propane Systems engaged in the business of manufacturing, distributing, selling or transmitting natural or other gas by pipeline in the State of Rhode Island; currently, there is one LDC, 40 Master Meter Systems, and 20 Jurisdictional Propane Systems in operation within the State of Rhode Island, all of whom are subject to all or specified portions of these rules.

B. These Rules and Regulations replace the following existing Division rules and regulations:

1.Rules & Regulations Prescribing Standards for Gas Utilities, effective date June 8, 1966,

2.Regulations Regarding Gas Pipeline Safety Enforcement Procedures Docket No. D-86-4, effective date March 13, 1986,

3.Control of Drug Use in Natural Gas and Liquified Natural Gas, effective date May 10, 1990, and

4.the Rules and Regulations Prescribing Standards for Gas Line Abandonment & Leakage Survey Procedures Docket No. D-86-2, effective date May 21, 1986.

5.These four existing compilations of rules and regulations of the Division are hereby rescinded upon the effective date of this document.

C. This Part is intended to supplement, and shall be interpreted in a fashion consistent with, the Federal rules set out in the Code of Federal Regulations (C.F.R.) incorporated above in § 1.1(A) of this Part, specifically in 49 C.F.R Parts 40 and 190-199. The Federal safety standards and regulations for the transportation of natural and other gas by pipeline, established pursuant to the Natural Gas Pipeline Safety Act of 1968, as amended (49 U.S.C. § 1671, et seq.) by the United States Department of Transportation and contained in 49 C.F.R. Parts 40 and 190-199, are incorporated by reference above. Since the State of Rhode Island is bound to comply with Federal law concerning gas utilities, and has been delegated enforcement authority by the Federal government, amendments to the Federal rules are incorporated by reference and shall be effective as part of these rules without further action. LDC’s shall comply with all of the rules set out herein.

D. This Part shall be amended or repealed, and applications therefore shall be made, in accordance with R.I. Gen. Laws §§ 39-3-33 and 42-35-1, and Part 00-00-1 of this Title (Division of Public Utilities and Carriers Rules of Practice and Procedure). A written application may be made to the Division for temporary or permanent exemption from any provision of this Part for good cause shown.

E.“Master Meter Systems” and “Jurisdictional Propane Systems” are only required to comply with the safety requirements of 49 C.F.R. Parts 191-192 Pipeline Safety Regulations, incorporated above in § 1.1(A) of this Part, NFPA 58 Storage and Handling of Liquefied Petroleum Gases, and NFPA 59 Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants, incorporated above in § 1.1(B) of this Part, the § 1.12 of this Part relating to Enforcement Procedures section contained herein, and § 1.14 of this Part, the Natural Gas Telephonic Notice Reporting Requirements.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.3 Definitions

A.The definitions set out in 49 C.F.R. §§ 190.3, 191.3, and 192.3 are incorporated by reference above in § 1.1(A) of this Part, except as augmented or modified below. Unless the context otherwise requires, the following words as used herein shall have the following meanings:

1.“Abandoned” means that the service line is physically disconnected (cut-off) at the main, or at the distribution line that is the source of supply if the pipe is not a main, and the pipe is made from material other than plastic or cathodically-protected steel. If the service line is plastic or cathodically-protected steel, it may be cut off at or in close proximity to a property line and made into a stub. When the service line is abandoned, the LDC shall remove the meter and assembly. Should access to these not be readily available, the LDC shall make multiple attempts to gain access for removal. The end of the operator's pipe that is within the customer's building must be cut off below ground and sealed outside the building or must be sealed by inserting a device within the service line to a point that is outside the building wall or foundation. Provisions must be made so that the seal or device cannot be readily removed. When the end of the operator's pipe is located above ground outside the building, the aboveground segment must be removed and the remaining segment below ground sealed. In any case, the pipeline's above or below ground entry point into the building or foundation must be sealed after the pipe has been removed. The pipeline shall be purged and sealed in accordance with 49 C.F.R. § 192.727(b).

2.“Accessory” means any meter reading device, which is mechanically or non-mechanically attached to a meter and could affect its accuracy, used to display, record, or transmit meter information to a remote location or any associated meter correction device, either remote or attached, used to adjust the reading of a meter index.

3.“Administrator” means the Administrator of the Rhode Island Division of Public Utilities and Carriers.

4.“AMR” means an automated meter-reading device.

5.“British Thermal Unit" or "BTU” means a unit of heat equal to the amount of heat required to raise one pound of water one degree Fahrenheit at one atmosphere pressure; equivalent to 251.997 calories.

6.“Commission” means the Rhode Island Public Utilities Commission.

7.“Cubic foot”

a. The term cubic foot means the volume of gas which occupies one (1) cubic foot of space at a temperature of 60° Fahrenheit and an absolute pressure of 14.73 pounds per square inch (known as standard conditions) with deviation there from, for varying pressure and temperature being in accordance with Boyle’s Law and Charles’ Law.

b. When gas is metered under the filed domestic rates of the utility a cubic foot shall be taken to mean the amount of gas which occupies one cubic foot under the conditions existing in the customer's meter as and where installed, except that outside meters may be of a temperature compensating type.

c. When gas is metered in large volumes at pressures and temperatures other than standard, it must be measured by a meter equipped with devices that correct for super-compressibility, pressure and temperature to determine billable volume at standard conditions. When orifice meters are used additional corrections may be made for the super compressibility and expansion effects, in accordance with industry standards.

8.“Cubic foot bottle” means a specifically constructed and calibrated bottle that can measure exactly one cubic foot of air. The calibration of the bottle is certified by the National Institute of Standards and Technology.

9. “Degree days” means a measure of coldness based on the extent to which the daily mean temperature falls below 65 degrees F. For example, on a day when the average temperature is 35 degrees F, there would be 30 degree days experienced.

10.“Distribution line” means a gas pipeline, other than a gas-gathering or transmission line, that is normally used by utilities for the transportation of natural gas and/or other flammable gas to customers.

11.“Discontinued” means that gas service is no longer provided to the customer and the prevention of gas flow is usually performed by a locking device (valve) located in the service line or in the meter assembly.

12.“Division” means the Rhode Island Division of Public Utilities and Carriers.

13.“DR meter” means a meter that does not register the consumption of gas.

14. “Fast meter” means a meter that measures more gas than is actually consumed.

15. “FERC” means the Federal Energy Regulatory Commission.

16. “Inactive” means a service line where gas service to the customer has been discontinued but the service line has not been abandoned.

17. “Jurisdictional propane system” means a propane system that serves ten or more residential customers, or two or more customers served in a public place, from a single or manifold tank system.

18.“LDC” means a local distribution company, which is also a public utility engaged in the business of manufacturing, distributing, selling, or transporting natural or other gas by pipeline in the State of Rhode Island.

19.“Master meter system” means a pipeline system for distributing gas within, but not limited to, a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system. The gas distribution pipeline system 10 supplies the ultimate consumer who either purchases the gas directly through a meter or by other means, such as by rents.

20.“Meter” means a device, instrument, or any attached device, used by a utility to measure a quantity of gas for billing purposes. The two (2) classes of gas meters consist of:

a.Class A meter - A meter having a rated capacity of not more than 500 cubic feet per hour at 1/2 inch water column differential pressure and operating at a gauge pressure of not more than 15 pounds per square inch and not greater than the maximum pressure rating of the meter expressed in pounds per square inch.

b.Class B meter - A meter having a rated capacity of more than 500 cubic feet per hour. The meter shall not operate at a pressure greater than the maximum pressure rating of the meter expressed in pounds per square inch.

21.“Potentially hazardous condition” means any condition which has the potential to become a hazardous condition, but which does not require immediate action. All of the following are examples of potentially hazardous conditions:

a. Customer failure to permit the utility to perform inspections and maintenance on the utility's facilities in or on the customer's premises.

b. Customer alterations or modifications of the utility's facilities located in or on the customer's premises.

c. Customer construction of a structure or appurtenance near or over the main, service line piping, or meter set assembly so that the utility's facilities are not in compliance with the utility's standards.

d.Customer failure to correct or replace gas utilization equipment or gas fuel line piping that has been previously identified and classified as potentially hazardous by the utility.

22.“Public utility” as defined in R.I. Gen. Laws § 39-1-2.

23.“Referee test” means a meter test in which the customer requests to be present for the actual test or to be represented by the Division and/or the customer’s agent.

24. “Slow meter” means a meter that measures less gas than is actually consumed.

25. “Therm” means a unit of heating valve equivalent to 100,000 BTU’s.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.4 Service Provisions

A. Filing of Rate Schedules: All rates, tolls and charges by the LDC shall be filed, posted, and available for public inspection in accordance with the provisions of R.I. Gen. Laws § 39-3-10. In addition, each LDC shall post this information on their company website.

B.Information to Customers

1. Each LDC shall, upon request, provide its customers such information and reasonable assistance as will help them to select the best use of service at the most advantageous rate. However, the ultimate responsibility for the selection of the best use of service at the most advantageous rate will rest with the customer.

2.Each LDC shall, upon request, explain to its customers the method of reading meters.

3. Meters installed after the effective date of this instruction in a residential or commercial facility with more than one meter on a meter bar assembly must be marked to identify the individual customers. (i.e., apartment 1, apartment 2, second floor, third floor right, etc.)

C.Deposits/Interest: To protect against loss, an LDC may require a deposit before rendering service to any customer. This deposit shall not be more than the two highest actual month’s usage of a prior customer or the two highest estimated month’s usage of the new customer if a prior customer does not exist. Interest shall be paid on deposits in accordance with applicable rate schedules or the terms and conditions of the LDC. Deposits plus accrued interest thereon, less any amount due the LDC, will be refunded upon termination of service. The company may return a deposit prior to the termination of service if it so desires. A customer may request a return of deposit prior to the termination of service if the customer has established a good payment history and the company agrees to the return of deposit. When an account is terminated, and a deposit or portion thereof is applied against an account that has been terminated, interest shall cease to be accumulated on the balance at the date of termination.

D.Measurement of Service: All gas sold by an LDC shall be charged for on a metered basis except when sold under rates on some other basis with the prior approval of the Commission.

E.Meter Reading and Bill Forms

1. Each service meter shall clearly indicate the registered billing units (hundreds or thousands of cubic feet of gas, or therms) In cases where the dial readings of a meter must be multiplied by a constant to obtain the cubic feet or other unit consumed, the proper constant to be applied shall be clearly marked on the customer’s meter and the customer’s bill. The labeling of meters will apply only to meters installed as of the effective date of this Part. When gas is measured under high pressure and/or high temperature, or when the quantity is determined by calculation from recording devices, the LDC shall upon request supply the customer with the basis and method of computation of the determined quantity.

2. All service meters will be read at regular intervals and on approximately the corresponding day of each meter-reading period. In service areas that do not utilize AMR devices, the company must verify meter reads called in by the customer at least once every six (6) months.

3. Bills shall be rendered at regular intervals and shall show the date of the current meter reading and the amount or quantity of service for the billing period.

4. Each LDC shall keep an accurate account of all charges for service billed each customer and shall maintain records showing information from which each bill rendered may be readily computed.

5. The billing date and the postmark date on the bill shall not vary by more than three (3) business days.

6. Estimated bills will not exceed 6 consecutive months on any residential, commercial, or industrial account.

F.Complaints by Customers: Each LDC shall make a full and prompt investigation of customer complaints, whether the complaint is directed to the company or through the Division. A record of 14 complaints received, other than those of a minor or routine nature, shall be kept for at least two (2) years, and shall show the name and address of the complainant, the date and character of the complaint, and the disposition thereof. A customer shall have the right to review the record of that customer’s complaint(s) upon demand during that two (2) year period. The LDC shall provide the Division with a copy of any or all complaints upon demand. Records shall be provided, whether demanded by a customer or by the Division, within five (5) business days or less.

G.Change in Character of Service: Any change made by the LDC in the composition of the gas, the pressure, or other service conditions which would affect efficiency, or operation, or adjustment of appliances, the appliances of all customers in the district affected shall be inspected promptly, and, if necessary, shall be re-adjusted for the new conditions without undue delay by the LDC and without charge to the customer.

H.Discontinuance of Service

1. Discontinuance of Service by the Customer: A customer must give reasonable notice of his/her intention to discontinue service in accordance with the provisions of the applicable rate or terms and conditions of service and shall be responsible for all charges until expiration of such notice period. The customer will be given a confirmation number at the time of the termination of service call. The confirmation number shall reflect the date and time the person called to disconnect service. For purposes of this rule, “reasonable notice” is defined as no less than five (5) business days.

2.Discontinuance of Service by the Company

a. Non-Payment of Bills

(1)In accordance with the provisions of the applicable rate or terms and conditions of service, an LDC may require that bills be paid within a specified time after presentation. Failure to pay bills within the specified time shall be grounds for termination of service. The LDC may then initiate its termination process consistent with the rules established by the Commission for that purpose.

b. Discontinuance of Service by the Company for Violation of Rules

(1)No LDC shall discontinue service to a customer for violation of any rule without written notice mailed at least ten (10) business days in advance of discontinuance advising the customer which rule has been violated and describing how that rule was violated, except that service may be discontinued immediately when the violation of the rule is such, in the opinion of the LDC, as to endanger life or property, or when ordered to do so by any governmental agency or official having jurisdiction.

(2)The LDC may, with or without notice, shut off the supply of gas to the premises, or make appliances inoperative, where in its opinion a “potentially hazardous condition” exists.

c. For Fraudulent Use of Service: An LDC may discontinue service without notice whenever a fraudulent use of service by the customer is detected.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.5 Quality of Gas Service

A.Heating Value Requirements

1. Standard of Heating Value

a.Every LDC shall establish its own standard of heating value, which shall be stated in its rate schedule. If the transmission company supplying the LDC files a Federal tariff in compliance with 18 C.F.R. Part 154 of the FERC's "General Rules and Regulations" establishing a lower heating value for the gas it furnishes the utility, then the heating value thus established shall become the standard of the LDC for the gas it furnishes its customers. Resulting decreases in the wholesale rates charged the LDC by its supplier shall be reflected in the concomitant application of the LDC's filed Purchased Gas Price Adjustment to the rates charged its customers.

b. Each LDC, unless specifically directed otherwise by the Division, shall maintain equipment for the determination of the heating value of the gas sold.

c. Each LDC shall establish the accuracy of all means of determining heating value in normal use by periodic check tests and shall maintain a record of such tests on file for a period of two (2) years. If an LDC uses a calorimeter of the recording type, they shall be checked at least annually.

2.Heating Value Tests (BTU)

a. The BTU value of the gas shall be determined at least once daily and more often if necessary to obtain an accurate record of the average BTU value and of any fluctuation in the heating value.

b. To obtain the monthly average BTU value, the results of all tests of BTU value made on any day during the calendar month shall be averaged, and the average of all daily averages shall be taken as the monthly average. If an LDC's means of determining Btu value is of the recording type, its record shall be the basis for determining the weighted average BTU value, providing that the means of determining BTU value is tested for accuracy at least annually.

c. Records of monthly average heating value, as determined under § 1.5(B)(2) of this Part shall be retained by the LDC for at least two (2) years and shall be readily available to the Division for inspection.

3. Purity Requirements

a. All gas supplied to customers shall be substantially free of impurities which may cause corrosion of mains or piping or form corrosive or harmful fumes when burned in a properly designed and adjusted burner. No gas shall be stored that is not in conformance with 49 C.F.R. § 192.475, incorporated above in § 1.1(A) of this Part.

b. Notwithstanding, the provisions of § 1.5(A)(3)(a) of this Part, gas delivered by the LDC shall be odorized by the addition of a malodorous agent in conformance with the applicable provisions of 49 C.F.R. § 192.625, incorporated above in § 1.1(A) of this Part.

B.Pressure Requirements

1. Pressure Variations

a. The pressure at the outlet of any customer's service meter shall not normally be less than one-half of the normal pressure at the outlet. The maximum pressure shall not be greater than 12" of water column except by agreement with the customer.

2. Pressure Surveys and Records

a. Each LDC shall maintain in continuous operation at least one recording pressure device in each area where the LDC maintains a district or division office, either in said office or at some customer's premises.

b.Each LDC shall make a sufficient number of pressure tests in the areas served to indicate compliance with pressure requirements contained herein.

c. All pressure recordings obtained under §§ 1.5(D)(2)(a) or (b) of this Part, shall be retained by the LDC for at least two (2) years and shall be available to the Division for inspection.

C.Interruption of Service (excluding customers purchasing gas on an interruptible basis)

1.Each LDC shall use all reasonable means to avoid accidental interruptions to service, but should such interruptions occur, service shall be reestablished within the shortest time possible, consistent with safety.

2. Each LDC shall keep a record of all interruptions to service affecting the entire distribution system serving a single community or a major division of a community and shall include in such record the date and time of such interruption, the approximate number of such customers affected, the date and time of service restoration, the cause of such interruption when known, and steps taken to prevent its recurrence.

3. When service is interrupted to perform work on lines or equipment, such work shall be done at a time causing minimum inconvenience to customers consistent with the circumstances. Customers seriously affected by such interruption shall be notified in advance if possible.

4.All accidental interruptions of service will be reported to the Division of Public Utilities & Carriers per the requirements set forth in § 1.14 of this Part, Natural Gas Telephonic Notice Reporting Requirements.

D.Abnormal Conditions

1.These Rules shall not apply to temporary conditions due to "Acts of God", fire, strikes, riots, terrorism, construction maintenance, interruption of gas supply from the LDC's wholesale supplier, or other disruptions of service beyond the control of the LDC; provided, however, that all LDCs shall initiate immediate action and proceed without delay and perform all necessary work to restore its system to normal operating conditions

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.6 Meters in General, Installations, Accuracy, and Testing

A.Meters in General

1. All meters removed from service due to a high bill complaint must be held for 60 days after the test to allow the customer ample time to review a second witnessed meter test if so desired. In order to prevent contamination, all meters shall be capped until installation or retirement from service.

2. A meter with an index reading other than zero may be placed in service, provided that meter and billing records are kept in a manner permitting verification of the readings as of the time of removal from the prior premises and installation at the succeeding premises.

3. Tin case meters shall not be returned to service. Whenever a tin case meter is removed from service for any reason it must be tested for accuracy and held according to the requirements set forth in § 1.6(A)(1) of this Part, if applicable.

4. The capacity of the meter at installation shall be consistent with the reported projected gas requirements of the customer at the time of installation.

B.Meter Installations

1. Unless otherwise authorized by the Division, each LDC shall provide and install at its own expense, and shall continue to own, maintain and operate, all equipment necessary for the regulation and measuring of gas to its customers. A charge may be made for additional meters and regulators furnished by the LDC for the convenience of the customer.

2.The customer shall provide and have installed at his/her own expense all customer piping and equipment necessary for relocating the meter when relocation is:

a. requested by a customer;

b.required because of customer-initiated alterations; or

c.necessary to prevent a recurrence of discovered tampering or damage caused by the customer.

C.Testing and Calibration of Meters

1. Gas Meter Accuracy

a. Every gas meter, removed from service for any cause, or repaired, shall be tested for accuracy and adjusted, if necessary, to accuracy limits of 100 percent ±1.5 percent before being installed or reinstalled. In addition, the LDC shall replace any parts found to be worn or damaged in any meter that does not pass the accuracy test, and is subject to repair.

b. Meters removed from service and/or repaired meters must be subjected to an internal pressure of at least 20 inches water column and checked for the presence of leaks.

c. Tin case meters shall be subjected to an internal pressure of at least two (2) pounds per square inch when testing to determine the presence of any leaks.

d. New, remanufactured or refurbished meters that are accompanied by a certified test certificate are not required to be tested before installation in the field if the test results on the certificate are within accepted accuracy limits of in § 1.6(C)(1)(a) of this Part.

2. Method of Testing: General Test Requirement

For the purpose of determining compliance with § 1.6(C)(1)(a) of this Part, the proof of registration of a displacement meter shall be determined by two tests, one known as the "Check-Rate" test, at a rate of flow at approximately 20% - 40% of the rated capacity of the meter, and one known as the "High-Rate" test, at a rate of flow at approximately 80% - 100% of the rated capacity of the meter. The tests at the two rates of flow, the "Check-Rate" test and the “High-Rate” test shall be comparable to within one (1) percent. If the tests at the two rates of flow do not agree to within one (1) percent, the meter must be repaired to meet the criteria. Both tests must also pass the accuracy test limits of 100 percent ± 1.5 percent as described in § 1.6(C)(1)(a) of this Part. The Division will require additional tests based on extenuating circumstances. All tests to determine the accuracy of any gas service meter shall be made with the appropriate bell, sonic nozzle, or transfer prover or other approved standard meter proving method such as differential testing of rotary meters and field proving of turbine meters.

3.Rotary Meters

Rotary meters shall be tested at not less than fifteen percent (15%) of full rated flow. A utility shall not install a rotary meter that is more than one half of one percent (0.5%) fast or more than one and one half percent (1.5%) slow at the points of test.

4. Orifice Meters

Orifice meters shall be manufactured and installed in accordance with all guidelines specified in the current edition of ANSI/API 2530 (AGA Report No. 3), Orifice Metering of Natural Gas. Orifice meters shall be tested at not less fifteen percent (15%) of full rated flow. The meters shall not be more than one half percent (0.5%) fast or more than one and one half percent (1.5%) slow at the points of the test.

5.Turbine Meters

Turbine meters for which the manufacturer has established minimum spin times, may be spin tested to determine their in-service condition. Turbine meters shall be given a spin test at least once every twelve (12) months unless covered under an approved in-service performance-testing program, or the operator receives a written waiver from the customer not to conduct the test per their decision. Any meter found to have a spin time less than the manufacturer's recommended minimum and which cannot be brought up to the minimum by cleaning and lubrication shall be changed and replaced with an accurate meter. Turbine type meters shall be tested at not less than fifteen percent (15%) of full rated flow. The meters shall not be more than one half percent (0.5%) fast or more than one and one half percent (1.5%) slow at the points of the test.

6.Gas Volume Corrections

Gas volume corrections for temperature shall be made in accordance with Charles' law. Gas volume corrections for pressure shall be made in accordance with Boyle's law. Gas volume corrections for supercompressibility shall be made in accordance with either of the following publications of the American Gas Association (AGA):

a. Manual for the Determination of Supercompressibility Factors for Natural Gas, Project NX-19 (1962) (A.G.A. Catalog No. L00340), incorporated above in § 1.1(C) of this Part.

b.Compressibility and Supercompressibility for Natural Gas and Other Hydrocarbon Gases, Transmission Measurement Committee Report No. 8 (1992 A.G.A. Catalog), incorporated above in § 1.1(C) of this Part.

7.Testing Facilities and Equipment

a. Each LDC shall maintain the equipment and facilities necessary for accurately testing meters used for the measuring of gas delivered to its customers, unless arrangements approved by the Division shall have been made to have the testing done elsewhere. The LDC shall maintain this equipment in good condition and correct adjustment so that it can determine the accuracy of any service meter to within one half of one percent (0.5%). The area within the meter shop used for the testing of meters shall be designed so that the meters and meter testing equipment are protected from draft and excessive changes in temperature.

b.Accepted good practice. The following publications are considered to be representative of accepted good practice in matters of metering and meter testing:

(1) American National Standard for Gas Displacement Meters (500 Cubic Feet per Hour Capacity and Under (Class A)), ANSI B109.1-2000.

(2)American National Standard for Diaphragm Type Gas Displacement Meters (Over 500 Cubic Feet per Hour Capacity (Class B)), ANSI B 109.2-2000.

(3)American National Standard for Rotary Type Gas Displacement Meters, ANSI B 109.3-2000. 25

(4) Measurement of Gas Flow by Turbine Meters, ANSI/ASME MFC-4M-1997 and American Gas Association (AGA) Report 7, Sections 8 and 9.

(5)Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids, ANSI/API 2530-1991.

8.Measurement of gas at higher than standard service pressure.

a. Pressure-recording equipment. If gas is measured to customers through meters at a pressure greater than standard service pressure, the meters shall be equipped with reliable pressure-volume recording gauges or other devices for accurately determining the quantity of gas that has passed through the meter in accordance with contract or tariff provisions.

b. Determination of multiplier. In computing the volume of gas at a given pressure base from a pressure-volume chart, the multiplier shall be obtained by the weighted average method, which consists of determining the average pressure for each indicated unit volume on the chart.

c. Fixed pressure factor measurement. If the gas metering pressure can be maintained at a constant level so that it will not vary by more than plus or minus 1.0% of the absolute metering pressure, the quantity of gas corrected for pressure for billing purposes may be determined by multiplying the uncorrected volume by the factor of Metering Pressure Plus Atmospheric Pressure Divided by Base Pressure or by a special index with gearing to perform this calculation. The special index shall meet the specifications of ANSI Standard B109.1, § 6.2 (1986) or ANSI Standard B109.1, § 6.9 (1986), incorporated above in § 1.1(D) of this Part. The ability of the regulator to maintain the constant pressure shall be verified at or prior to installation. Verification will be established by the use of a verified pressure-indicating gauge (accuracy: ANSI B40.1 Grade 3A, incorporated above in § 1.1(D) of this Part), or a pressure-recording gauge, at both high and low flow conditions where practicable, but never less than one (1) verification under actual operating conditions. Annual reports of the results of periodic tests will be forwarded to the Division by March 31st for the prior year.

9.AMR Device Verification

All meters with an AMR device shall be tested to verify the AMR reading is in sync with the meter index. AMR devices will be verified at all meter testing and before installation at a customer’s premises.

D.Test Schedules

1. Periodic Tests of Meters in Service

All gas meters in service shall be tested in accordance with the following schedule and, if necessary, shall be adjusted to register within the tolerance prescribed in § 1.6(C)(1) of this Part.

a. All meters rated by the manufacturer up to and including five hundred (500) cubic feet per hour (Class A), based on one-half inch (1/2") water pressure differential shall be proof tested not less than once each fifteen (15) year service period.

b. Meters normally rated by the manufacturer in excess of five hundred (500) cubic feet per hour (Class B), based on one-half inch (1/2") water 27 pressure differential, shall be proof tested not less than once in each ten (10) year service period.

c. Each meter so tested shall have affixed the seal prescribed by the Division. (See § 1.13 of this Part)

d. In addition, the Division retains the right to order the testing of meters on a random basis on behalf of the customer.

E.Request Tests

1. Generally, when requested by a customer, or by the Division on behalf of the customer, LDC shall test the accuracy of the customer's meter within fifteen (15) days from the time the request is made or earlier if requested by the Division. If the meter has been tested during the preceding thirty-six (36) months, the LDC may require the deposit of a customer fee of seventy-five ($75.00) dollars for such a test.

a.If, on testing, the meter is found to be fast by more than 1.5%, the deposit shall be promptly refunded. If the meter is not found to be fast by as much as 1.5%, the LDC shall retain the amount deposited for the test.

b.A report giving the name of the customer requesting the test, the date of the request, the location the meter was in service, the location where the meter test was performed, the type, make, size, the serial number of the meter, the date tested, and the result of the test shall be supplied to each customer within a reasonable time after completion of the test.

(1)The LDC shall retain copies of the above reports for at least two (2) years.

c.A customer, the Division, or an agent thereof may be represented in person when the LDC conducts the test on the meter.

2.Referee Tests:

a.The LDC, when notified by a customer that a referee test of the meter is requested, shall notify the Division. The LDC, as herein provided, shall not knowingly remove, interfere with, adjust, or pretest the meter to be tested without the written consent of the customer or approval of the Division.

b.The Division, when notified by a customer that a referee test of the meter is requested, shall notify the LDC to remove and seal the meter in the presence of the consumer or the Division if so requested. If directed to seal the meter, the LDC shall keep the meter in the same condition with the seal unbroken until the test can be made in the presence of the customer, their agent and/or the Division.

c.All referee meter tests shall include an inspection of the meter index by removing the index from the meter body. The dials, gears and all other parts of the index shall be visually inspected for wear, misalignment or other mechanical defects that would affect the accuracy of the meter on a continuing or sporadic basis.

d.Failure to abide by the above Referee Test procedures will result in the maximum penalty as set forth in R.I. Gen. Laws § 39-2-8.

F.Customer's Billing Adjustments

1. Fast Meters

a. Whenever, as the result of a test made by the LDC, a gas meter is found to be fast in excess of 1.5% of the correct amount, the LDC shall refund to the customer an amount equal to the charge for gas billed in excess of 100% for the two (2) highest months gas bill multiplied by 6 (six) for the year prior to the test, or the highest two (2) months gas bills 29 multiplied by 6 (six) from the last test date if the test was made within the last twelve (12) months.

b.However, if the time when the error first developed or occurred can be definitely fixed, the amount to be refunded is to be based thereon; the time period for which the LDC is required to adjust, refund or credit the customer’s bill shall not exceed five (5) years unless otherwise ordered by the Division.

c. Under no circumstance will a refund be made to a customer if there is evidence of gas diversion or that the meter has been tampered with. If the meter test is conducted within less than 12 months of service with the present customer of record and the meter test fails resulting in a refund, the refund shall be appointed to customers who received service through the meter found to be registering inaccurately. In the case of a previous customer who is no longer a customer of the LDC, a notice of the refund shall be mailed to his or her last known address

2. Slow Meters: Whenever, as the result of a test made by the LDC, a gas meter is found to be slow in excess of 2.0% of the correct amount, the LDC shall be required to issue a corrected bill to the customer for an amount equal to the charge for gas that was under billed. If the gas meter is found to be slow less than 2.0% the LDC shall not issue a corrected bill.

3.Non-Registration, Does Not Register (DR Meter), or Unaccountable Gas: If a meter is found which does not register, the bill for the period of non-registration shall be based upon information recorded prior or subsequent to the period of non-registration and by any other pertinent information supplied by the customer or known to the LDC (such as an active “AMR” device). The company may use a prior year’s usage for the same time period of non-registration as long as the “degree days” are taken into consideration in the calculation. The company shall act to correct the problem within two (2) months of receiving evidence of a non-registering meter. In no case will the LDC be allowed to recover billing for unaccounted for gas past (two) 2 months of non-registration of the meter, or, if the meter has an attached AMR device, the non-registration of the meter and the non-registration of the AMR device. However, the Division will permit the LDC to seek a waiver from the Division with respect to the foregoing billing prohibition. The waiver request shall include details of the LDC’s efforts and experienced difficulties in accessing the customer’s property in order to repair the non-registering meter. The waiver shall be filed with the Division prior to the expiration of the two-month billing deadline.

4. Estimated Bills: Once the LDC has to use estimated bills for a six (6) month period, it will treat the account as if it were one with a non-registration meter and shall have no more than two (2) months to obtain an actual read.

5.Adjustments to bills for other meter errors: If a customer has been overcharged or undercharged as a result of an incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection of the meter, application of an incorrect multiplier or constant or other similar reason, the overcharge shall be refunded to the customer or the undercharge may be billed to the customer.

G.Records of Meters and Tests

1. Each LDC shall keep, numerically arranged and properly classified, records giving, for each meter used and owned by the LDC for any purpose, the identification number, date of purchase, name of manufacturer, serial number, type, a history of the premises where the meter was located, a history of the meter testing sites, and the meter’s rating. A complete record of the latest test made on a meter shall be retained in the LDC's files for a period of fifteen (15) years in such a manner that it will be readily available to the Division or the ratepayer for inspection, unless the meter is permanently retired in such case the records should be retained for three (3) years after condemnation.

2. Each LDC shall report annually to the Division a summary report of meter tests made during the year. The report will include the number of meters tested, the number of meters considered “DR” or non-registering, the number of meters found to be accurate within the allowable limits, the number of meters found to be fast, and the number of meters found to be slow. In addition to the number of meters found to be outside the allowable limits the LDC shall report how many meters were over 3% fast or slow.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.7 Equipment and Facilities

A.Standard Practice

1. The gas facilities of the LDC shall be constructed, installed, maintained and operated in accordance with accepted good engineering practice in the gas industry to assure, as far as reasonably possible, continuity of service, uniformity, in the quality of service furnished and the safety of persons and property.

2.In determining standard practice, the Division has incorporated by reference in §§ 1.1(A) and (B) of this Part, and the LDC shall use, the applicable provisions of the most recent editions of 49 C.F.R. Parts 190-199 and Part 40 Pipeline Safety Regulations, NFPA 54 National Fuel & Gas Code, NFPA 58 Storage and Handling of Liquefied Petroleum Gases, NFPA 59 Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants, and NFPA 59A Production Storage and Handling of Liquefied Natural Gas (LNG), except as any of the foregoing may in any particular case be modified by statute, ordinance, orders, rules or regulations by governmental bodies or agencies having jurisdiction. The LDC shall be guided by the following American National Standards Institute (ANSI) publications:

a. ANSI/API 2530, "Orifice Metering of Natural Gas and Other Related Hydrocarbon, A.G.A. Report No. 3," incorporated by reference in § 1.1(E) of this Part, as follows:

(1) Part I, "General Equations and Uncertainty Guidelines," (1990) (A.G.A. Catalog No. XQ9017).

(2)Part II, "Specification and Installation Requirements," (1991) (A.G.A. Catalog No. XQ9104).

(3)Part III, "Natural Gas Applications," (1992) (A.G.A. Catalog No. XQ9210).

(4)Part IV, "Background Development, Implementation Procedures, and Sub-Routine Documentation for Empirical 33 Flange-Tapped Discharged Coefficient Equation," (1992) (A.G.A. Catalog No. XQ9211).

b.ANSI B109.1, "Diaphragm Type - Gas Displacement Meters, Under 500 Cubic Feet per Hour Capacity," (1992) (A.G.A. Catalog No. X69218), incorporated by reference in § 1.1(F) of this Part.

c.ANSI B109.2, "Diaphragm Type - Gas Displacement Meters, 500 Cubic Feet per Hour Capacity and Over," (1992) (A.G.A. Catalog No. X69219), incorporated by reference in § 1.1(F) of this Part.

d.ANSI B109.3, "Gas Displacement Meters, Rotary Type," (1992) (A.G.A.Catalog No. X69220), incorporated by reference in § 1.1(F) of this Part.

e. ANSI Z223.1 National Fuel Gas Code. The Division adopts by reference as rules, and the LDC shall use, the following American Society for Testing and Materials (ASTM) publications, incorporated by reference in § 1.1(G) of this Part:

(1) ASTM specification D-1826 "Calorific Value of Gases in Natural Gas Range by Continuous Recording Calorimeter," (D1826-88).

(2) ASTM specification D-1945 "Method for Analysis of Natural Gas by Gas Chromatography," (D1945-91).

(3)ASTM specification D-3588 "Method for Calculating Calorific Value and Specific Gravity (Relative Density of Gaseous Fuels)," (D3588-91)

B.Construction and Maintenance

Each LDC shall construct, install, operate and maintain its plant, structures, equipment, and gas pipelines in accordance with standard practice, as defined in the paragraphs above, and in such manner as to best accommodate the public and to prevent interference with service provided by other public utilities.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.8 Records and Reports

A. Physical Plant Records

Each LDC shall keep sufficient records of the operation of its physical plant to show the characteristics and performance of each unit.

B.Gas Supply Measurement

Each LDC shall utilize a suitable measuring device, or otherwise determine production, at each source of supply in order that a record may be maintained of the quantity of gas produced at each source. Unless the transmission company supplying the gas furnishes sufficient information, each LDC purchasing gas shall maintain adequate instruments and meters to obtain complete information as to such purchases.

C.System Maps

Each LDC shall have on file, located within the State, a suitable map, maps, drawings or electronic data, showing the following:

1. The size, character and location of all mains, including valves.

2. The size and location of each service connection, where practicable. In lieu of showing service locations on maps, a card record or other suitable means may be used.

3. The layout of all principal metering and regulator stations, production plants to show size, location and character of all major equipment pipelines, connections, valves and other equipment used.

D. Preservation of Records

The LDC shall preserve all records required by these Rules for a period of two (2) years unless otherwise designated herein. Such records shall be kept within the State of Rhode Island at the office or offices of the LDC and shall be available for examination by the Division.

E.Reports to Division

The LDC shall furnish to the Division, at such times and in such form as the Division may require, the results of any required tests and summaries of any required records. The LDC shall also furnish the Division with any information concerning the LDC's facilities or operations which the Division may request and need for determining rates or judging the practices of the LDC.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.9 General/Safety

A.Safety Instructions

1. Each LDC shall adopt comprehensive instructions for the safety of employees in regard to the operation, construction or maintenance of its plant and facilities, and shall be satisfied that such employees have been properly informed of safe practices and are cognizant of all hazards involved.

2. Except in certain commercial and industrial applications that require a standby fuel the LDC shall have the authority to refuse initial natural gas service to a customer that uses another gaseous fuel, such as liquefied petroleum gas, in the same building.

3. Anytime the existence of a mercury regulator is found in a commercial or residential facility the LDC shall remove said mercury regulator and contract for the disposal of the contents in a safe and acceptable manner consistent with all applicable Federal and State regulations regarding such practice.

B. Accidents

Each LDC shall report to the Division as soon as possible after each accident occurring in connection with the operation of its property, facilities, or service, wherein any person shall have been killed, admitted to a hospital, or whereby any property damage shall have been caused. The first report may be preliminary, but, if so, shall be followed later by as full a statement as possible of the cause and details of the accident and the precautions taken, if any, to prevent recurrence.

C. Penalties

Any LDC found guilty of violating any provision of these rules shall be subject to the penalties set forth in R.I. Gen. Laws §§ 39-2-8 or 39-3-40 as appropriate.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.10 Abandonment of Gas Services

A.Abandonment of Service Lines That Become Inactive after the Effective Date of these Regulations:

1. All non-plastic and non-cathodically-protected steel inactive service lines and service stubs shall be abandoned within five (5) years, unless such lines have been reactivated prior to that time.

2.All plastic and cathodically-protected steel inactive service lines shall be physically disconnected (cut off) within close proximity of a property line within five (5) years.

3. The LDC should determine whether inactive service lines ought to be abandoned at any prior time. The determination shall be based on such appropriate variables as service line age, location, condition, material, construction methods, leak and maintenance history of the pipe, existence and/or application of cathodic protection, individual and property-owner requests and other criteria selected by the LDC.

B. Abandonment of any Inactive Service Line

1. Notwithstanding the above, inactive service lines, which shall be abandoned promptly, are those:

a. located in, or in close proximity to, excavations; or

b.located in, or in close proximity to, buildings being demolished; or

c.discovered to be leaking gas; or

d. unrecorded or previously unknown lines discovered in the course of leakage surveys, construction, maintenance or inspection of facilities.

C. Records, Reports and Procedures

1. Readily accessible records of inactive service lines and service stubs shall be maintained by the LDC which shall include the type of pipe material, the service line's location, the date the service line became inactive, and the date the service line was installed. If any information is unavailable to or unobtainable by the LDC, it shall be listed on the record as "unknown".

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.11 Control of Drug and Alcohol Use

Refer to the Federal Pipeline Safety Regulations rules set out in 49 C.F.R. Part 40 and Parts 190-199, incorporated above in § 1.1(A) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.12 Enforcement Procedures

A.Jurisdiction

1. The Rhode Island Division of Public Utilities and Carriers, pursuant to R.I. Gen. Laws §§ 39-3-1 and 39-4-1, is empowered to prescribe and enforce safety standards and to regulate safety practices of persons engaged in the transportation of natural gas and other gas by pipeline to the extent permitted by the Natural Gas Pipeline Safety Act of 1968, Pub. Law 90-481, and any amendments thereto.

2. The Federal regulations issued under the Act of 1968, Pub. Law 90-481, promulgated by the Office of Pipeline Safety of the United States Department of Transportation and published in 49 C.F.R. Part 40 and 40 C.F.R. Parts 190-199, incorporated above in § 1.1(A) of this Part, apply to all LDC’s, Master Meter Systems, and Jurisdictional Propane Systems. The Safety Standards of the Act (the Pipeline Safety Regulations) apply to design, installation, inspection, testing, construction, extension, operation, replacement and maintenance of pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and testing, are not applicable to pipeline facilities in existence prior to the act. The Division has adopted the above regulations as state regulations.

3. The Division may prescribe additional safety standards that apply to LDC’s, Master Meter Systems, and Jurisdictional Propane Systems. Such safety standards shall be practicable and designed to meet the needs for pipeline safety. When prescribing and enforcing such standards, the Division will consider:

a. Relevant available pipeline safety data.

b. Whether such standards are appropriate for the particular type of pipeline transportation.

c.The reasonableness of any proposed standards.

d. The extent to which such standards will contribute to public safety.

4. Whenever the Division finds a particular facility to be hazardous to life or property, it is empowered to require the person operating such facility to take steps necessary to remove such hazards.

B.Authority to Inspect

1. The Division has the power to investigate all methods and practices of the LDC’s, Master Meter Systems, or Jurisdictional Propane Systems, to require the maintenance and filing of reports, records, and other information in such form and detail as the Division may prescribe, to enter at all reasonable times to inspect the property, buildings, plants, and offices of such LDC’s, Master Meter Systems, or Jurisdictional Propane Systems, and to inspect books, records, papers, and documents relevant to the enforcement of the rules and regulations.

C. Intervals of Inspection

1. The Division is authorized to enter upon, inspect and examine, at all reasonable times and in a reasonable manner, the records and properties of the LDC’s, Master Meter Systems, or Jurisdictional Propane Systems to the extent such records and properties are relevant to determining the compliance of such entities with Division rules, regulations, or orders.

2. Jurisdictional pipeline facilities have been categorized into four classifications

a. LDC’s,

b. LNG facilities,

c. Master Meter Systems, and

d. Jurisdictional Propane Systems.

3.The Divisions inspection frequency of these facilities is as follows:

a. LDC’s; annual standard inspections will be conducted of each gas distribution inspection unit. Other than the normal amount of specialized inspections the Division will schedule additional inspections if the results of the standard inspection indicate a need for additional inspections.

b. LNG; facilities will receive an annual standard inspection. Supplementary periodic inspections may also be conducted.

c. Master Meter Systems; systems will be inspected at least once a year.

d. Jurisdictional Propane Systems; systems will receive an annual standard inspection. Supplementary periodic inspections may also be conducted.

4.Inspections are ordinarily conducted pursuant to one or more of the following:

a. Routine scheduling

b. A complaint received from a member of the public.

c. Information obtained from a previous inspection.

d. Pipeline accident or incident.

e. Whenever deemed appropriate by the Division.

D.Inspection of LDC’s, Master Meter Systems, and Jurisdictional Propane

1. The Division shall attempt to periodically inspect every LDC, Master Meter System, and Jurisdictional Propane System, with priority given to inspecting systems with greater risk potential. In determining the potential risk, the following factors may be considered:

a.The ratio of total steel pipe to coated pipe.

b. The ratio of total steel pipe to cathodically protected steel pipe.

c. Leaks per mile of main.

d. Leaks per number of services.

e. Unaccounted – for gas volumes and percentages.

f. Number of accidents or incidents.

g. History of violations discovered.

2. The inspection will include a thorough review of the records concerning inspection, operation, maintenance and emergency procedures. Field inspections will include operational checks of corrosion control provisions, overpressure and regulating equipment, odorization, repaired leaks, emergency valves and any other components of the facility.

E. Discovery and Notice of Alleged Violation

1. When an evaluation of records and facilities indicates an alleged violation with state or federal regulations, the inspector shall review the basis for such alleged violation with the LDC, Master Meter System, or Jurisdictional Propane System before concluding the inspection. The inspector shall then notify the appropriate official of the alleged violation in writing within 90 days of the discovery of the alleged violation. The inspector shall also make an alleged violation report to be retained by the Division.

2. Any documentation or physical evidence necessary to support an alleged violation may be obtained during the inspection or requested in writing immediately after conclusion of the visit.

F. Response Options Available

1. The LDC, Master Meter System, or Jurisdictional Propane System shall respond within twenty (20) business days of mailing a notice of an alleged violation in the following manner:

a. Submit a written plan of action to the Division outlining actions that will be taken to correct the alleged violation, including a schedule and the date when compliance is anticipated; or

b. Request an informal conference with the Division. The alleged violation may be resolved if the plans in option (a) above, are accepted by the Division.

c.However, if the LDC, Master Meter System, or Jurisdictional Propane System selects option (b), an informal conference will be scheduled as explained below in § 1.12(G) of this Part. Failure to respond in accordance with this section will result in formal legal or administrative action as stated in § 1.12(H) of this Part.

G.Informal Conference

After receiving the request for an informal conference, a date and time for a conference will be arranged. At the conference, the basis for the alleged violation will be reviewed. The LDC, Master Meter System, or Jurisdictional Propane System may explain its position and may present alternatives for rectifying the problem. The investigator who issued the notice of alleged violation will represent division staff and by others the Division deems necessary. The report generated by the informal conference will be filed with the alleged violation and retained by the Division. If agreement cannot be reached, the enforcement procedure will continue as explained in § 1.12(H) of this Part.

H. Division Action

1. If the Division is not satisfied with the proposed solution as outlined in §§ 1.12(F) and (G) of this Part, the Division can:

a. Seek an injunction in Superior Court in cases where immediate action is necessary, or

b. Issue a show cause order and/or schedule an evidentiary hearing requiring the operator to demonstrate why the LDC, Master Meter System, or Jurisdictional Propane System should not be subject to the penalties set forth in R.I. Gen. Laws §§ 39-2-8 and/or 39-3-40.

c. Pursuant to an evidentiary hearing, order the LDC, Master Meter System, or Jurisdictional Propane System to take corrective action. Failure to obey such an order will result in the aforementioned penalties.

I. Appeal

Any LDC, Master Meter System, or Jurisdictional Propane System aggrieved by a final decision of the Division may appeal to the Rhode Island Superior Court under R.I. Gen. Laws § 42-35-15.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.13 Meter Labeling (Appendix A)

A.There shall be provided and affixed to the front of each customers gas meter a waterproof decalcomania having a bright yellow background enclosed by black border lines not less than 1/16" in width.

B.Within the border lines there shall be printed on the label with black ink in characters not less than 3/16" high arranged in three lines with the third line not less than 1/4" high indicating the month and year the meter was last installed in accordance with the following label arrangement:

TESTED AND ADJUSTED

TO R.I.D.P.U. STANDARDS

INSTALLATION DATE:

C.Each "Decal" label shall not be less than 2 1/4" in length by 7/8" in width in size. The coloring or printing shall be of a material that is suitable for New England climatic exposure. Any meter removed from service due to a high bill complaint must maintain the meter decal label until the required two (2) month holding period has ended.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

815-RICR-20-00-1 § 1.14 Telephonic Notice of Certain Gas Incidents (Appendix B)

A.At the earliest practicable moment following discovery each LDC, Master Meter System, or Jurisdictional Propane System shall give notice of any gas incident. “Incident” means any of the following events that results:

1.In the involvement of an unanticipated release of gas:

a.from a pipeline or

b.an LNG facility or

c. of a liquefied natural gas or

d. a death or personal injury or

e. property damage

2.From the excavating operations of another party

3.In an emergency shutdown of an LNG facility

4.In the involvement by police, fire, or media personnel

5.In a house or building being evacuated (public or private)

6.In any other situation that is significant, in the judgment of the operator, even though it did not meet the above criteria, such as but not limited to, overpressure, loss of system pressure, outages, etc.

B.Between the hours of 8:30 A.M. and 4:00 P.M., Monday – Friday - call the Division of Public Utilities & Carriers engineering section office numbers until a person is contacted. Do not leave an emergency notice on voice mail. If the personnel list is exhausted, please dial “0” for operator and you will be transferred to another staff member.

C.After work hours call the phone numbers in the order listed on your “Emergency Response Chart” until a person is contacted. If there is no response, continue to call every hour until someone answers. If the Division requests a written report of the incident, it must be submitted within one week. Appropriate personnel within your respective gas companies must have a copy of these phone numbers and a copy must be inserted in your companies’ O&M manual.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2018-06-25 to 01/04/2022
• Amendment — effective from 2018-06-25 to 06/25/2018
• Technical Revision — effective from 2006-10-05 to 06/25/2018
• Adoption — effective from 2006-10-05 to 10/05/2006

Chapter 30 Electric Utilities

Subchapter 00 General Administration

815-RICR-30-00-1 Standards for Electric Utilities

815-RICR-30-00-1 § 1.1 Purpose and Authority

A.These rules shall apply to every public utility as hereinafter defined doing business as such, or authorized to do so, within the State of Rhode Island.

B.These rules shall be amended or repealed, and applications therefore shall be made, in accordance with provisions of R.I. Gen. Laws Chapter 42-35 entitled "Administrative Procedures".

History

• Amendment — effective from 2023-06-09 to current
• Periodic Refile — effective from 2022-01-04 to 06/09/2023
• Technical Revision — effective from 2004-09-21 to 01/04/2022
• Amendment — effective from 2004-09-21 to 09/21/2004
• Periodic Refile — effective from 2001-12-19 to 09/21/2004

815-RICR-30-00-1 § 1.2 Definitions

A."Division" means the Rhode Island Division of Public Utilities and Carriers.

B."Administrator" means Public Utility Administrator of the Division of Public Utilities and Carriers.

C."Public utility" means and apply to every corporation, company, person, association of persons, their lessees, trustees, or receivers appointed to any court whatsoever, that now or hereafter may own, lease, operate, manage or control any electric plant or equipment or any part of any electric plant or equipment, within this State, for the production, transmission, delivery or furnishing of electricity, light, heat or power, either directly or indirectly, to or for the public.

D."Electric plant" means all real estate, fixtures, equipment and personal property owned, controlled, operated or managed in connection with or to facilitate the production, generation, transmission, delivery or furnishing of electric energy.

E."Customer" means and applies to every corporation, company, person, association of persons, their lessees, trustees or receivers appointed by any court whatsoever, that now or hereafter, may be supplied with electric service by any public utility as herein defined.

F."Service" means, in its broadest and most inclusive sense, the furnishing of electricity to a customer by a public utility.

G."Meter" means, without other qualification, a device or appliance for the measurement of electrical quantities to be used as a basis for determining charges by a public utility for furnishing or rendering electric service to a customer.

H."Creep" means the motion of the rotor of a meter with normal operating voltage applied and the load terminals open-circuited.

History

• Amendment — effective from 2023-06-09 to current
• Periodic Refile — effective from 2022-01-04 to 06/09/2023
• Technical Revision — effective from 2004-09-21 to 01/04/2022
• Amendment — effective from 2004-09-21 to 09/21/2004
• Periodic Refile — effective from 2001-12-19 to 09/21/2004

815-RICR-30-00-1 § 1.3 Service Provisions

A.Filing of Rates Schedules.

1.Schedules showing all rates, tolls and charges by a public utility shall be filed and kept open to public inspection in accordance with the provisions of R.I. Gen. Laws § 39-3-10.

B.Application for Service.

1.An Applicant desiring service under a public utility's filed rate schedules may be required to make application in writing, in accordance with the forms prescribed by the public utility.

C.Information to Customers - Rate Selection.

1.Each public utility shall, upon request, provide a customer with such information and assistance as is necessary to enable the customer to secure the most advantageous rate or rates. Further, each utility shall inform the applicant of any service connection and/or installation charge to be applied to the bill. Each customer shall be responsible for selecting, and taking service at the most advantageous rate or rates.

2.Each public utility shall, upon request, explain to a customer the method of reading meters and how the billing is calculated.

3.Where special charges for construction, maintenance, replacement costs, expenses or overtime work are not specifically set forth in a utility's tariff, the utility shall, before performing non-emergency work, provide the applicant or customer with an estimate of charges to be levied, in writing if requested.

4.In addition, the utility shall make available free information concerning the utility's programs, services, rights and responsibilities, and complaint procedures for the general public.

D.Deposits.

1.A public utility, as security for prompt payment of a customer's indebtedness to it, may require a cash deposit or other collateral satisfactory to it before rendering, or as a condition of continuing to render service to such customer. This deposit shall not be more than the estimated bill for two times the normal billing period. Interest shall be paid on deposits held six (6) months or more in accordance with applicable rate schedules or the terms and conditions of the public utility. Deposits, plus accrued interest thereon, less any amount due the public utility, will be refunded upon termination of service. When a deposit is applied against an account that has been terminated, interest shall cease to be accumulated on the balance at the date of termination.

E.Meter Reading and Bill Forms.

1.The metering equipment for each service shall be such as to register the number of kilowatt-hours (kwh) delivered during any period, and to the extent applicable, the number of Kilo-Var Hours (KvarH) and the Kilowatt (Kw) and Kilo-Volt Amperes (Kva) demand.

2.All service meters shall be read at regular intervals and on the corresponding day of each meter reading period insofar as practicable within regularly scheduled work days.

3.Bills shall be rendered at regular intervals and shall show the date of the current meter reading and the amount or quantity of service for the billing period; and shall also show any applicable discount or penalty date.

4.Each public utility shall keep an accurate account of all charges for service billed each customer and shall maintain records showing information from which each bill rendered may be readily computed.

F.Customer Complaints.

1.Each public utility shall make a full and prompt investigation of customer complaints made either directly or through the Division. A record of complaints received, other than those of a minor nature shall be kept for at least two (2) years and shall show the name and address of the complainant, the date and character of the complaint and the disposition thereof.

2.Each public utility shall endeavor to keep its appointments. In the event cancellation of appointment is unavoidable, every reasonable effort should be made to promptly notify the customer.

3.During an abnormal service outage the utility shall make reasonable efforts to inform the general public about the areas affected, the progress of service restoration, and anticipated restoration schedules when available. Information for the general public shall be made through advisories to the news media. Business offices shall make similar information available to callers, using appropriate communications systems.

G.Change in Character of Service.

1.If a change in character of service to a customer is brought about for the convenience or benefit of the public utility, the public utility shall pay such part of the cost of changing the equipment of the customer affected as shall be determined by mutual agreement. An equitable settlement would normally be on the following basis: Payment by the public utility to the customer of:

a.The cost of the customer's electrical utilization and equipment that is made obsolete, less proper allowance for depreciation.

b.The cost of installing the new equipment and removing the old, less the salvage value of such equipment as the customer retains.

c.The cost of making the necessary change in customer's wiring.

H.Discontinuance of Service

1.By Customer: A customer shall be required to give at least twenty-four (24) hour notice of its intention to discontinue service in accordance with the provisions of the applicable rate or terms and conditions of service and shall be responsible for all charges until expiration of such notice period.

2.By the Public Utility:

a.Non-Payment of Bills. In accordance with the provisions of the applicable rate or terms and conditions of service, a public utility may require that bills be paid within a specified time after presentation. On and after thirty (30) days from the date of presentation service may be discontinued for non-payment provided written notice to the customer has been deposited in the U.S. mail at least ten (10) days prior to the date of discontinuance. In lieu of the discontinuance, or upon reconnection, the public utility may require payments at less than monthly intervals. If service is discontinued for non-payment, the public utility may make a reasonable charge for reconnection. Service must not be discontinued on a Friday, a Saturday, or the day before a holiday.

b.For Violation of Rules: No public utility shall discontinue service to a customer for violation of any rule unless it shall first have deposited in the U.S. mail written notice to the customer at least ten (10) days prior to the date of discontinuance advising the customer of the particular rule that has been violated, except that service may be discontinued immediately when continuance of the service would endanger life or property, or when ordered to do so by any governmental agency or official having jurisdiction.

c.For Fraudulent Use of Service: A public utility may discontinue service without notice whenever a fraudulent use of the service by the customer is detected.

History

• Amendment — effective from 2023-06-09 to current
• Periodic Refile — effective from 2022-01-04 to 06/09/2023
• Technical Revision — effective from 2004-09-21 to 01/04/2022
• Amendment — effective from 2004-09-21 to 09/21/2004
• Periodic Refile — effective from 2001-12-19 to 09/21/2004

815-RICR-30-00-1 § 1.4 Quality of Electric Service

A.Standard Frequency - The standard frequency for alternating current distribution systems shall be sixty (60) Hertz, with permissible variations not exceeding maximum and minimum values of 60.3 and 59.7 Hertz.

B.Service Voltage - The following service voltage standards shall be maintained at the point where the electrical system of the supplier and the electrical system of the user are connected.

1.Table 1 (These values are ANSI C84.1 (1989). Values shall change if ANSI adopts new standards.)

Established Standard Service Voltage

Minimum Voltage

Maximum Voltage

Type of Service

120

114

126

Single Phase

120/240

114/228

126/252

Single or Polyphase

208Y/120

197Y/114

218Y/126

Single or Polyphase

240

228

252

Single or Polyphase

480Y/277

456Y/263

504Y/291

Single or Polyphase

480

456

504

Single or Polyphase

600

570

630

Single or Polyphase

2400

2340

2520

Single or Polyphase

4160Y/2400

4050Y/2340

4370Y/2520

Single or Polyphase

12470Y/7200

12160Y/7020

13090Y/7560

Single or Polyphase

2.For distances exceeding a 2-mile radius from any distribution sub-station serving the customer, the minimum permissible voltage shall not be less than 97% of the minimum values shown in Table 1, § 1.4(B)(1) of this Part.

C.Momentary Fluctuations - Momentary fluctuations of voltage and/or frequency at the customer's service shall not be construed as non-compliance with this Section (§ 1.4 of this Part) and for the purposes of these Rules a momentary fluctuation of voltage and/or frequency shall be defined as a change in voltage and/or frequency not exceeding a three (3) second time interval of a non-periodic recurring cycle; provided, however, that fluctuations in frequency and/or voltage having continuous and/or recurring periodic time cycles shall not be considered as compliance with this Section (§ 1.4 of this Part); and the public utility shall immediately initiate and complete all necessary action to eliminate and/or correct the cause of such fluctuations, if found to originate directly or indirectly within the public utility's system.

D.Abnormal Conditions - These Rules shall not apply to temporary conditions due to acts of God, windstorm, fire, strikes, insurrections, construction and/or maintenance or other disruptions of service beyond the immediate control of the public utility; provided, however, that all public utilities shall initiate immediate action and proceed without delay and perform all necessary work to restore its system and/or customers' services to normal operating conditions.

E.Special Provisions - No public utility shall be required to maintain service voltage according to Table I, at any point beyond the point where the electrical system of the supplier connects to the electrical system of the user if the wire or cables of the customer are

1.inadequate or undersized

2.not capable of delivering the customer's normal requirements for electricity, or

3.not in conformance with the requirements of the National Electric Code or any applicable statute, ordinance, rule or regulation of any authority having jurisdiction.

History

• Amendment — effective from 2023-06-09 to current
• Periodic Refile — effective from 2022-01-04 to 06/09/2023
• Technical Revision — effective from 2004-09-21 to 01/04/2022
• Amendment — effective from 2004-09-21 to 09/21/2004
• Periodic Refile — effective from 2001-12-19 to 09/21/2004

815-RICR-30-00-1 § 1.5 Voltage Surveys and Records

A.Each public utility shall make a sufficient number of voltage tests for the areas (cities, villages and rural areas) served to indicate compliance with voltage requirements contained in Table 1 (§ 1.4(B)(1) of this Part).

B.All voltage test records shall be retained by the public utility for at least two (2) years and shall be available for inspection by the Division.

History

• Amendment — effective from 2023-06-09 to current
• Periodic Refile — effective from 2022-01-04 to 06/09/2023
• Technical Revision — effective from 2004-09-21 to 01/04/2022
• Amendment — effective from 2004-09-21 to 09/21/2004
• Periodic Refile — effective from 2001-12-19 to 09/21/2004

815-RICR-30-00-1 § 1.6 Interruptions of Service

A.Each public utility shall use all reasonable means to avoid interruption of service but should an interruption occur, service shall be re-established within the shortest time practicable, consistent with safety requirements.

B.Each public utility shall make a record of all interruptions of service of more than five (5) minutes' duration affecting the entire distribution system of a single community or the entire distribution circuit serving a division of a community and shall include in such record the date and time of interruption, approximate number of customers affected, the date and time of service restoration, and, when known, the cause of such interruption. Reports with reference to such service interruption shall be made monthly to the Division on Form E-1.

C.Each utility shall notify the Administrator (or a designated member of the staff) by telephonic means of any major interruption of service when the interruption results in 1000 or more customer hours between normal working hours increasing to 3000 or more customer hours after normal business hours. A company having less than 5,000 customers will notify the Administrator when outages exceed 100 customer hours during normal working hours and increasing to 200 customer hours after normal business hours.

D.When service is interrupted to perform work on lines or equipment, such work shall be done at a time causing minimum inconvenience to customers consistent with the circumstances. Customers seriously affected by such interruption shall, whenever reasonably possible, be notified of the time and expected duration of the service interruption.

History

• Amendment — effective from 2023-06-09 to current
• Periodic Refile — effective from 2022-01-04 to 06/09/2023
• Technical Revision — effective from 2004-09-21 to 01/04/2022
• Amendment — effective from 2004-09-21 to 09/21/2004
• Periodic Refile — effective from 2001-12-19 to 09/21/2004

815-RICR-30-00-1 § 1.7 Meter Accuracy and Testing

1.7.1Inspection of Meters

A.Meters removed from service. All meters removed from service, which are to be reinstalled, shall be inspected and tested for correctness. In addition, worn or damaged parts shall be replaced.

B.Meter installations. All polyphase meters and demand devices shall be tested before installation to ensure accuracy of operation when installed. In connection with installation an electrical check shall be made of all instrument transformer connections.

C.Test and Calibration of Meters.

1.Polyphase Meters. All polyphase meters shall be tested at loads and adjusted to tolerances as follows:

Test Load in Rated Meter Capacity

Power Factor

to Tolerance of

100%

1.0

Plus/Minus 1%

10%

1.0

Plus/Minus 1%

100%

0.5

Plus/Minus 2%

a.Meters also shall be checked for "creep" at no load and rated voltage.

2.Demand Devices. All indicating and recording demand devices shall be adjusted as follow:

a.Zero Adjustment - No demand device that fails to reset properly to zero shall be placed in service or allowed to remain in service without adjustment.

b.Up-Scale Check - Tests to determine the accuracy of a demand device shall be made at a point approximately mid-scale. No demand under test having an error in indication or registration of more than 2% plus or minus (in terms of full scale deflection) shall be placed, or allowed to remain, in service without readjustment.

c.Time Cycle Devices - All motors used to maintain a timing cycle where such timing cycle directly affects meter registration, shall be tested to insure operation at the proper speed.

1.7.2Test Schedules for all Watthour Meters and Demand Devices

A.New Meters. The manufacturer's test on all new meters will be accepted as a first test on a meter and so recorded if built to the EEI-AEIC-NEMA or ANSI standard for Polyphase meters.

B.All alternating current watthour meters and demand devices in service shall be tested in accordance with the following requirements.

1.Meters up to and including 12KVA shall be tested in accordance with either §§ 1.7.2(B)(1)(a) or (b) of this Part. The Schedule initially adopted by the public utility shall not be changed without notifying the Division.

a.Periodic Test Schedule. Watthour meters may be tested on periodic basis by which every meter shall be tested at least once every twelve (12) years.

b.Selective Test Plan. Watthour meters may be tested under a selective plan as follows.

(1)Selective Test Population. This shall include those single-phase common or residential type meters of 0-12 KVA capacity. It shall not include those specific meter groups known to be adversely affecting overall meter accuracy, if these meters are placed on a fixed retirement program not exceeding five (5) years. Meters removed due to a fixed retirement program need not be tested by the utility.

(2)Sample Test Group. A Sample Test Group representing a cross-section of the meters in the Selective Test Population on company lines shall be selected at random and tested each year. The Sample Test Group shall be at least 1% of meters in the Selective Test Population, but not less than 500 meters. For a company having less than five thousand meters, the Sample Test Group shall be at least 2% of meters in the Selective Test Population, but not less than 40 meters.

(3)Cumulative Sample Test Group. The Cumulative Sample Test Group includes the Sample Test Group of the current year plus those of the immediately preceding years to a maximum of five Sample Test Groups.

(4)Number of Meters to be Tested. The percentage of meters in the Cumulative Sample Test Group which displays a weighted average accuracy outside the limits of 98% to 102% shall be used to determine from the test Ratio Curve the minimum number of meters to be tested (Total Meter Test Group) in the ensuing year.

(5)Supplemental Test Group. The Supplemental Test Group is the difference between the Total Meter Test Group and the Sample Test Group.

(AA)Supplemental = (Total) - (Sample)

(BB)Tests of meters which are part of the Selective Test Population and which are returned to the shop for maintenance may be credited toward completion of the Supplemental Test quota. Additional meters selected to fill the Supplemental Test quota shall be either:

(CC)Meters in service without a test, or meters of specific types which are contributing a greater than average percentage of the meters outside the limits of 98% to 102%.

(DD)Specific meter groups known to be adversely affecting over-all meter accuracy, if placed on a fixed retirement program not exceeding five years may be excluded from the Selective Test Population. Meters removed due to a fixed retirement program need not be tested by the utility.

(EE)Such meters on a retirement program shall be junked at a uniform annual rate to eliminate them from Company lines in five years or less from the start of the program. If the retirement rate is not maintained, all remaining meters in the group must become part of the Selective Test Population and subject to the Selective Test Procedure.

C.Meters in excess of 12KVA and not exceeding 100 KVA shall be tested on a periodic basis by which every meter shall be tested at least once every six (6) years.

D.Meters in excess of 100 KVA shall be tested on a periodic basis by which every meter shall be tested at least once every (5) years.

E.In lieu of the periodic and selective test plans described in §§ 1.7.2(B), (C) and (D) of this Part, a utility may, after notifying the Division, implement a statistical sample testing program based on the provisions of the most current version of ANSI/ASQC Z1.9, American National Standard Sampling Procedures and Tables for Inspection by Variables for Percent Nonconforming or on the provisions of a comparable nationally recognized statistical sampling methodology.

F.Integrated demand meters shall be subject to the same periodic tests or sample tests as the meters with which they are associated.

G.For the purpose of § 1.7.2(C) of this Part, the KVA rating of a Self-contained AC Watthour Meter is the product of the rated voltage in Kilo-volts, the rated test amperes and the number of stators. The KVA rating of an instrument transformer classed watthour meter is the product of the primary voltage in Kilo-volts, the nameplate rating of the current transformers, and the number of stators.

H.All meters over 12 KVA capacity removed from service and not yet due for testing must be tested and recalibrated before being put back into service. These tests may be included as a part of the periodic or statistical sampling test populations.

1.7.3Request Tests

A.All request tests must be made with the meter in its service location whenever practicable to do so.

B.Tests by public utility. When requested by a customer, each public utility shall test the accuracy of the customer's meter within fifteen (15) days from the time the request is made. If the meter has been tested during the preceding thirty-six (36) months, a public utility may require the deposit of a fee of twenty-five dollars ($25) for such a test. If on testing the meter is found to be fast by more than 2%, the deposit shall be promptly refunded. If the meter is not found to be fast by more than 2% the public utility shall retain the amount deposited for the test. A customer may be represented in person or by an agent when the public utility conducts the test on the customer’s meter. A report giving the name of the customer requesting the test, the date of the request, the location, the type, make size, the serial number of the meter, the date tested, and the result of the test shall be supplied to such customer within a reasonable time after the completion of the test.

C.Tests by Division. Upon written application to the Division by a customer, a test will be made of the customer's meter in the presence of the Division's representative as soon as practicable. Each application to the Division for test of a meter shall be accompanied by a fee of twenty-five dollars ($25). If upon testing, the meter is found to be fast by more than 2%, the Division shall return to the customer the amount of fee paid by the customer to the Division. When notified of an application submitted to the Division by a customer for a referee test as herein provided, the public utility shall not knowingly remove, interfere with, or adjust the meter to be tested without the written consent of the customer and approved by the Division.

1.7.4Reporting Requirements

A.For utilities that test according to the periodic test schedules or selective tests plans described in §§ 1.7.2(B), (C) and (D), reports of periodic and sample tests of meters shall be reported to the Division on Form E-2 and Form E-2A once a year, or on the public utility's Standard Meter Test Report Form.

B.For utilities that implement the statistical sample testing program as described in subparagraph § 1.7.2(E), reports of in-service and request tests of watthour meters shall be made each year and filed with the Division not later than the 15th day of March the following year. All reports of in-services tests are to include the number of meters tested, the number of meters found outside of limits, and the size of the population. Where appropriate, the reports should break down the population of meters by type and be accompanied by appropriate performance parameters for that type.

C.A complete record of the latest test made on a meter shall be retained in the public utility's files for three (3) years.

1.7.5Billing Adjustments

A.Calculation of Error. The accuracy of registration of the meter and its performance in service shall be determined by its average error, as follows:

1.The average error shall be the weighted average of its error at light load with a weighting of one and its error at heavy load with a weighting of four.

2.Any adjustment of charges that is made in accordance with this rule shall be based on such average error.

B.Adjustments.

1.Fast Polyphase Meters. Whenever a polyphase meter is found to be fast in excess of 2% of the correct amount, the Company shall refund to the customer an amount equal to the charge for the excess kilowatt hours billed for the twelve (12) month period immediately preceding such test, unless the time when the error first developed, or occurred can be definitely fixed, in which case the amount to be refunded shall be calculated from that time. Under no circumstances will an adjustment of a customer's bill be made if there is evidence that the meter has been tampered with.

2.Slow Polyphase Meters. Whenever a polyphase meter is found to be slow in excess of 2%, the Company may make a charge to the customer for the unbilled kilowatt hours supplied for the previous twelve (12) months or since the last test, whichever is the shorter period. However, where there is evidence that the meter has been tampered with, the Company may charge the customer for all unbilled kilowatt-hours supplied since the estimated data of the tampering.

3.Non-Registration. If a meter is found which does not register, the bill for the period of non-registration shall be based upon information recorded prior or subsequent to the period of non-registration and by any other pertinent information supplied by the customer or known to the public utility.

1.7.6Testing Facilities and Equipment:

A.Single Polyphase Standards.

1.Laboratory Standards. Every public utility shall have available one or more laboratory standards for the sole purpose of checking working standards. All standards shall be certified at least once each year in a laboratory acceptable to the Division. Each standard shall be accompanied by calibration tables noting the corrections at various working loads. These calibration tables when superseded shall be kept on file in the office of the public utility for a period of two (2) years.

2.Each public utility shall have an adequate number of working standards for testing customers' meters. These working standards shall be compared to laboratory standards at least once every twelve (12) months. Each working standard shall be accompanied by a calibration table noting the corrections at various working loads. These calibration tables, when superseded shall be retained by the public utility for a period of two (2) years. If comparisons with the laboratory standards show the working standard to be in error by 1% or over, it shall be recalibrated and/or replaced. In case a public utility does not maintain a reference watthour standard, the working standards must be checked every twelve (12) months in a laboratory acceptable to the Division.

B.Each public utility shall have an adequate number of working standards for testing customers' meters. These working standards shall be compared to laboratory standards at least once every twelve (12) months. Each working standard shall be accompanied by a calibration table noting the corrections at various working loads. These calibration tables, when superseded shall be retained by the public utility for a period of two (2) years. If comparisons with the laboratory standards show the working standard to be in error by 1% or over, it shall be recalibrated and/or replaced. In case a public utility does not maintain a reference watthour standard, the working standards must be checked every twelve (12) months in a laboratory acceptable to the Division.

History

• Amendment — effective from 2023-06-09 to current
• Periodic Refile — effective from 2022-01-04 to 06/09/2023
• Technical Revision — effective from 2004-09-21 to 01/04/2022
• Amendment — effective from 2004-09-21 to 09/21/2004
• Periodic Refile — effective from 2001-12-19 to 09/21/2004

815-RICR-30-00-1 § 1.8 Equipment and Facilities

A.Standard Practice

1.In determining standard practice, the Division will be guided by the provisions of the NATIONAL ELECTRICAL SAFETY CODE, the NATIONAL ELECTRIC CODE, and such other relevant codes as shall be approved by the American Standards Association, except as any of the foregoing may in any particular case be modified by statute, ordinance, orders, rules or regulations by governmental bodies or agencies having jurisdiction.

B.Construction and Maintenance

1.Each public utility shall construct, install, operate and maintain its plant, structures, equipment and lines in accordance with standard practice as defined in paragraph 1 above, and insofar as practical, in such a manner as best to accommodate the public, and to prevent interference with service furnished by other public utilities.

C.Joint Pole Construction

1.Except as otherwise permitted by the Division for cause shown, all installations making use of poles either for single or joint occupancy shall conform to standard practice, and current joint-owned pole agreement between various utility companies.

D.Safety Instructions

1.Each public utility shall adopt comprehensive instructions for the safety of employees, and shall supply a copy thereof to each employee before assignment to duty in generating stations, substations, on overhead or underground lines, and shall be satisfied that such employees have been properly informed of safe practices and are cognizant of all hazards involved, as per OSHA standards, 29 C.F.R. § 1910.260, et seq., as the same from time to time are amended.

E.Resuscitation

1.Each public utility shall instruct its employees engaged in electrical work in the practice and use of accepted rules for resuscitation from electrical shock, as per OSHA standards 29 C.F.R. § 1910.260, et seq., as the same from time to time are amended. Copies of such rules shall be furnished to each such employee. Electrical work as used herein shall be construed to mean work on live electric conductors and equipment energized at potential exceeding 150 volts line to ground.

F.Accidents

1.Each public utility shall report to the Division as soon as possible after each accident happening in connection with the operation of its property, facilities or service, wherein any person shall have been caused an injury requiring hospitalization in excess of 24 hours. The first report may be preliminary, but, if so, shall be followed later by as full a statement as possible of the cause and details of the accident and the precautions taken, if any, to prevent similar accidents. In case of fatal accidents, immediate notice shall be given by telephone to the Division, (Form E-3, Appendix "D").

History

• Amendment — effective from 2023-06-09 to current
• Periodic Refile — effective from 2022-01-04 to 06/09/2023
• Technical Revision — effective from 2004-09-21 to 01/04/2022
• Amendment — effective from 2004-09-21 to 09/21/2004
• Periodic Refile — effective from 2001-12-19 to 09/21/2004

815-RICR-30-00-1 § 1.9 Records and Reports

A.Station Records

1.Each public utility shall keep sufficient records of the operation of its generating units and distribution supply feeders to show the characteristics and the performance of each.

2.Unless sufficient information is furnished by the public utility supplying the energy, each public utility purchasing electric energy shall maintain adequate instruments and meters to obtain complete information as to such purchases.

B.Preservation of Records

1.All records required by these rules shall be preserved by the public utility for a period of two (2) years unless otherwise specified herein or other controlling rules or regulations require a longer period of retention. Such records shall be kept within the State of Rhode Island at the office or offices of the public utility and shall be open at all reasonable hours for examination by the Division.

C.Reports to Division

1.Each Public Utility shall file periodic reports with the Division on the following forms which will be furnished by the Division upon Request:

Form No.

Title

Period

Appendix

E-1

Interruption of Service Report

Monthly

"A"

E-2

Periodic Meter Test Report

Annually

"B"

E-2A

Selective Meter Test Report

Annually

"C"

E-3

Utility Accident Report

As Required

"D"

History

• Amendment — effective from 2023-06-09 to current
• Periodic Refile — effective from 2022-01-04 to 06/09/2023
• Technical Revision — effective from 2004-09-21 to 01/04/2022
• Amendment — effective from 2004-09-21 to 09/21/2004
• Periodic Refile — effective from 2001-12-19 to 09/21/2004

Subchapter 05 Non-regulated Power Producers

815-RICR-30-05-1 Rules Applicable to Nonregulated Power Producers

815-RICR-30-05-1 § 1.1 Authority

A.Nonregulated Power Producers ("NPPs") have been permitted to sell to or aggregate electricity for eligible Rhode Island customers since July 1, 1997. As defined by the Utility Restructuring Act of 1996 ("URA"), R.I. Gen. Laws § 39-1-27.1, NPP means a company engaging in the business of producing, manufacturing, generating, buying, aggregating, marketing or brokering electricity for sale at wholesale or for retail sale to the public. Companies which negotiate the purchase of electric generation services on behalf of customers and do not engage in the purchase and resale of electric generation services are not NPPs within the meaning of the URA. The Division of Public Utilities and Carriers ("Division") has been authorized by R.I. Gen. Laws §§ 39-1-3(b) and 39-1-27.1(c) and (d) to exercise certain regulatory authority over NPPs. These regulations are adopted pursuant to that authority.

B.In addition to this Part and Part 2 of this Subchapter, the Rhode Island Public Utilities Commission ("Commission") has also promulgated rules governing the regulation of NPPs. The Commission’s Rules are entitled: “Reliability Responsibility Regulations For Nonregulated Power Producers” and “Consumer Protection Requirements for Nonregulated Power Producers”. Interested persons should examine all NPP-related rules for a comprehensive understanding of the regulatory requirements attached to NPPs doing business in Rhode Island.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-03-07 to 01/04/2022
• Amendment — effective from 2015-01-01 to 03/07/2018
• Periodic Refile — effective from 2001-12-19 to 01/01/2015

815-RICR-30-05-1 § 1.2 Definitions

“Obligated entity” shall have the same meaning as that which is contained in R.I. Gen. Laws § 39-26-2.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-03-07 to 01/04/2022
• Amendment — effective from 2015-01-01 to 03/07/2018
• Periodic Refile — effective from 2001-12-19 to 01/01/2015

815-RICR-30-05-1 § 1.3 Prerequisites for Rhode Island Operations

A.All NPPs seeking to do business in Rhode Island must file with the Division a notarized registration application that includes the following

1.Legal name;

2.Business Address;

3.The name of the state where organized; the date of organization; a copy of the articles of incorporation, association, partnership agreement, or other similar document regarding legal organization;

4.Name and business address of all officers and directors, partners; or other similar officials;

5.Name, title, and telephone number of customer service contact person;

6.Name, title, and telephone number of regulatory contact person;

7.Name, title and address of registered agent for service of process;

8.Brief description of the nature of the business being conducted;

9.Evidence of financial soundness:

a.Evidence of financial soundness such as surety bonds, a recent financial statement, or other mechanism as specified by the Division, except those nonregulated power producers who may be obligated entities shall provide financial security showing evidence of liquid funds, such as:

(1)a surety bond;

(2)a certificate of deposit

(3)an irrevocable standby letter of credit from an ISO New England Eligible Letter of Credit Bank, a New York Mercantile Exchange (“NYMEX”) or a Chicago Mercantile Exchange (“CME”) approved letter of credit bank, or,

(4)a corporate guarantee from an investment-grade entity with a Tangible Net Worth of at least ten million dollars ($10,000,000.00).

(5)The financial security shall be in an amount of not less than two hundred fifty thousand dollars ($250,000.00). All financial security provided in satisfaction of this provision shall name the Commission and the Division as obligees;

b. Financial security shall be reviewed each year at the time a nonregulated power producer makes its annual filing. The above notwithstanding, each obligated entity is responsible for informing the Division in writing within five (5) business days of any material adverse change in its financial status. The financial security shall be available to satisfy penalties assessed by the Division for violations of any consumer protection rules or laws related to nonregulated power producers, refunds ordered by the Division, or failure to comply with the provisions of R.I. Gen. Laws Chapter 39-26 as determined by the Public Utilities Commission. Payments made pursuant to this subsection for violation of the provisions of R.I. Gen. Laws § 39-26-4 shall be forfeited, and shall be remitted to the renewable energy development fund established in R.I. Gen. Laws § 39-26-7, or any successor funds, and all other forfeitures will be remitted to the state’s general fund;

c. All financial security provided in satisfaction of this provision, in addition to naming both the Commission and the Division as obligees, shall meet the language and form requirements of the Commission and Division as such direction may be provided from time to time;

10.Affirmation that the applicant will comply with the Rhode Island General Laws and all rules and regulations promulgated by the Division and the Public Utilities Commission ("Commission");

11. Evidence that, in accordance with the Commission's Reliability Responsibility Regulations, the applicant is either a NEPOOL participant or has a written agreement with a NEPOOL member through which such member agrees to include the load served by the NPP in its load. A copy of this agreement (with any pricing or unrelated commercial terms redacted) should be included with the applicant's filing;

12. Evidence of authorization from the Rhode Island Secretary of State to do business in Rhode Island.

B. Copies of all filings made pursuant to § 1.3(A) of this Part, shall be served on the Commission and all electric distribution companies. Updated information shall be filed within ten (10) days of any change to the information included in a registration application, as filed or previously updated.

C. Unless rejected within thirty (30) days, registration applications filed in accordance with these rules shall become effective thirty (30) days after filing. If the Division rejects the application, it shall specify the applicable reasons in writing and, if practicable, identify alternative ways to overcome the noted deficiencies. NPPs are authorized to do business in this state after their registration becomes effective and while their registration remains in good standing.

D. A filing fee of one hundred dollars ($100.00) shall accompany all registration applications filed pursuant to § 1.3(A) of this Part. Nonregulated power producers shall thereafter renew their registrations with the Division on an annual basis. Applications for renewal shall be filed before the close of business on December 31 of each calendar year. Applications for renewal shall specify any changes in previously filed registration information. A filing fee of one hundred dollars ($100.00) shall accompany all applications for renewal of NPP status.

E. Any person who has exhausted all administrative remedies available to them within the Division, and is aggrieved by a final order or decision of the Division, is entitled to judicial review in accordance with the Administrative Procedures Act (R.I. Gen. Laws § 42-35-1 et seq.).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-03-07 to 01/04/2022
• Amendment — effective from 2015-01-01 to 03/07/2018
• Periodic Refile — effective from 2001-12-19 to 01/01/2015

815-RICR-30-05-1 § 1.4 Rescission of NPP’s Registration

A.A NPP may voluntarily surrender its registration and therefore, its right to conduct business in Rhode Island. Such voluntary surrender does not affect the rights or liabilities of any persons or entities with whom the NPP did business in Rhode Island.

B. The Division may rescind a NPP's registration as follows:

1. A proceeding to rescind may, in the Division's discretion, be instituted either by the filing of a consumer complaint or as the result of a sua sponte Division investigation.

2. A proceeding shall be instituted if the Division determines that the NPP no longer complies with any of the requirements of § 1.3(A) of this Part.

3. The NPP will be given notice and the hearing will be conducted in accordance with the provisions of the Division's Rules of Practice and Procedure.

4. Rescission does not affect the rights or liabilities of any persons or entities with whom the NPP did business in Rhode Island.

C. Any person who has exhausted all administrative remedies available to them within the Division, and is aggrieved by a final order or decision of the Division, is entitled to judicial review in accordance with the Administrative Procedures Act (R.I. Gen. Laws § 42-35-15).

D. Financial security shall remain in place for the greater of six months or the discharge of all obligations following the final date of rescission subject to Division receipt and investigation of complaints that may be filed.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-03-07 to 01/04/2022
• Amendment — effective from 2015-01-01 to 03/07/2018
• Periodic Refile — effective from 2001-12-19 to 01/01/2015

815-RICR-30-05-1 § 1.5 Dispute Resolution Regulations Relating to NPP’s

A. Breach of contract claims or billing disputes between NPPs and customers that cannot be privately resolved should be resolved through appropriate legal action.

B. Disputes between NPPs, customers, or other aggrieved parties relating to violations of the Commission's Consumer Protection Regulations and/or these regulations are subject to the following:

1. Any party who believes they have been or will be aggrieved by a violation of the Division’s Nonregulated Power Producer (“NPP”) Consumer Bill of Rights (Part 2 of this Subchapter) and/or these regulations may file a complaint with the Division.

2. The Attorney General, as a matter of right, may file a complaint with the Division against any NPP to seek enforcement of the Division’s Nonregulated Power Producer (“NPP”) Consumer Bill of Rights (Part 2 of this Subchapter) and/or these regulations.

3. The form of the complaint should clearly set forth:

a. The facts at issue;

b. The position of the petitioner;

c. A statement of why the petitioner is aggrieved and what rules or requirements were violated; and

d. The relief being sought.

4. A copy of the complaint must be provided to the NPP or opposing party. However, if a customer files a complaint with the Division, it will not be dismissed as to form, nor will it be dismissed for failure to serve a copy on the NPP.

5. The NPP or opposing party that is the subject of a complaint will have ten business days to respond. If the NPP was not served a copy of the complaint, the NPP will have ten business days from receipt of a copy from the Division. However, if the Division determines that the nature of the complaint requires expeditious action, the Division reserves the right to require a shorter response period and/or take whatever action is reasonably necessary to protect the public while the hearing is pending.

6. Any person or entity whose interests will be substantially and significantly affected by the outcome of proceedings under this rule may file a motion to intervene. The motion must clearly set forth the interests of the party seeking intervenor status.

a.The Division shall grant such motion if:

(1) The person's or entity's interests will be substantially and significantly affected by the outcome of the proceedings under this rule; and

(2) The interests cannot be adequately represented by other parties to the proceeding.

b. Alternatively, the Division can grant a party or entity limited intervenor status which would allow that intervenor the right to submit written comments.

7. Written Decision

a. Within ten business days of the close of the hearing or receipt of briefs (if required by the Division), a written decision will be rendered, unless the Division notifies the parties that an extension of time, not to exceed fifteen additional business days, will be required.

8.Appeals

a.Any decision of the Division issued in conformance with these Rules shall be final and binding upon the parties unless appealed under the Rhode Island Administrative Procedures Act (R.I. Gen. Laws § 42-35-1, et seq.).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-03-07 to 01/04/2022
• Amendment — effective from 2015-01-01 to 03/07/2018
• Periodic Refile — effective from 2001-12-19 to 01/01/2015

815-RICR-30-05-2 Nonregulated Power Producer Consumer Bill of Rights

815-RICR-30-05-2 § 2.1 Authority

This Part is promulgated pursuant to the authority conferred in R.I. Gen. Laws Chapter 39-26.7.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-04-12 to 01/04/2022

815-RICR-30-05-2 § 2.2 Purpose

The purpose of this Part is to assist consumers in making an informed choice of a nonregulated power producer. It does so by imposing a series of regulatory requirements upon the electrical generation and distribution industry for the protection of consumers, including specifying a variety of consumer information which the nonregulated power producers are required to give to consumers and setting our procedures for the sale and solicitation of electric generation services by nonregulated power producers.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-04-12 to 01/04/2022

815-RICR-30-05-2 § 2.3 Definitions

A.When used in this Part, the following terms shall have the following meanings:

1.“Commission” has the same meaning as in R.I. Gen. Laws § 39-1-2.

2.“Company” has the same meaning as R.I. Gen. Laws § 39-1-2.

3.“Division” has the same meaning as in R.I. Gen. Laws § 39-1-2.

4.“Electric distribution company” has the same meaning as in R.I. Gen. Laws § 39-1-2.

5.“Nonregulated power producer” or “NPP” has the same meaning as in R.I. Gen. Laws § 39-1-2.

6.“Obligated entity” has the same meaning as in R.I. Gen. Laws § 39-26-2 except that electric-distribution companies shall be excluded from the definition for the purposes of this Part only as required by R.I. Gen. Laws § 39-26.7-4(d).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-04-12 to 01/04/2022

815-RICR-30-05-2 § 2.4 Consumer Information Requirements

A. All nonregulated power producers and electric distribution companies shall adopt a standard billing format for residential customers to better enable such residential customers to compare pricing policies and charges of nonregulated power producers to the standard offer service rate approved by the Commission for the customer’s electric distribution company. The standard billing format shall include all of the information set out §§ 2.4(B)(1) and/or (2) of this Part, below, as appropriate, in the order specified below.

B. The standard billing format adopted herein requires that all electrical distribution companies and nonregulated power producers include the following information upon the bill or statements they provide to their customers in the order specified below:

1.Charges for electricity supplied/used. Every company who shall charge for the use of electricity furnished to any house, building, tenement or estate shall conspicuously display upon the bill or statement for such electricity charges for any customer, all of the information required by R.I. Gen. Laws § 39-3-37.2, in the order specified therein.

2.Charges for distribution of electricity. Every electric distribution company which shall charge for the distribution of electricity to any house, building, tenement or estate shall conspicuously display upon the bill or statement for such electric distribution charges for any customer, all of the information required by R.I. Gen. Laws § 39-3-37.3, in the order specified therein.

3.Standard offer service price. In addition to the data set out above, the bill or statement must provide customers with basic information regarding the standard-offer service price for comparison purposes.

a.Electric distribution company requirements. The electric distribution company shall provide a single standard offer service price for comparison purposes that sets out the total commodity charges which all of its supply/commodity customers would be expected to pay currently. The standard offer service price, expressed as a cost per kilowatt hour consumed, will be the sum of the base rate, capacity cost adjustment fuel adjustment cost conservation charges (including but not limited to any renewable energy charges, and all other costs, charges or fees, relating directly to the cost of procuring the commodity. The bill or statement shall list all of the component costs of the standard offer service price. The electric distribution company bill or statement shall also specify the date of the next expected standard offer service price rate change, the projected new standard offer service price following that rate change, and the date by which a customer’s nonregulated power producer must initiate the transfer of service in order for the transfer to be complete by the next meter read date.

b.Nonregulated power producer requirements. The nonregulated power producer shall provide a single service price calculated in a manner similar to that required above for the electric distribution company that provides the customer with a single supply/commodity cost for the customer to compare directly with the single standard offer service price provided by the electric distribution company.

c.Standard-offer service price to compare. Each bill provided to the customer, whether by a distribution company or by a nonregulated power producer, shall include the distribution company’s standard-offer service price for providing electricity to compare with the date of the next expected standard-offer rate change and the date by which a customer’s nonregulated power producer must initiate the transfer of service in order for the transfer to be complete by the next meter read date.

d.Variable or time-of-use standard-offer service rate. Standard-offer service rates shall not be variable or time-of-use rates.

4.Customer right to request separate bills from nonregulated power producers. The electric distribution company shall issue a single bill for electric service to all customers in its service territory. However, customers of nonregulated power producers may request the nonregulated power producers to provide separate bills for electricity supply.

C.Periodic review of billing format. The Division shall open a docket on or before September 1, 2021, to review the efficacy of the standard billing format approved by this Part to ensure that it continues to meet the requirements of this Part with respect to providing useful billing information to customers. Thereafter, the Division shall conduct periodic reviews of the billing format at least every five (5) years. Nothing in this section shall be construed to prohibit the Division from conducting periodic reviews of the billing format at more frequent intervals should the Division, in its sole discretion, determine that more frequent review would be beneficial to the consumer.

D.Internet website for comparing nonregulated power producer pricing policies and charges. The Division maintains an internet website for comparing nonregulated power producer pricing policies and charges at http://www.ri.gov/empowerri. Consumers and nonregulated power producers are encouraged to consult this web site frequently. There are no assessments for nonregulated power producers wishing to have their products listed on this site. Nonregulated power producers interested in having their products listed on this site may obtain more information by contacting the Division’s Chief of Information at (401) 780-2105.

E.Biannual review of internet website comparing nonregulated power producer pricing policies and charges. On or before July 1, 2019, and every two (2) years thereafter, the Division shall review the internet website discussed above and make any improvements needed to ensure that the website remains a useful tool for customers to compare pricing policies and charges among nonregulated power producers.

F.Participating nonregulated power producer obligation to provide the Division with updates for the internet website. Participating nonregulated power producers shall provide the Division information regarding any changes to the nonregulated power producers’ pricing policies and charges with respect to the terms of existing products, or termination fees for existing products, that would impact any existing customer of the nonregulated power producer consistent with the requirements of § 2.4(B) of this Part, above, to facilitate customer efforts to compare those changes with the standard-offer price. The nonregulated power producers shall provide this information to the Division for inclusion in the Division’s web site in a manner consistent with the requirements of Part 00-00-3 of this Title, “Digital Filings and Website Information Pursuant to R.I. Gen. Laws § 39-1-18.”

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-04-12 to 01/04/2022

815-RICR-30-05-2 § 2.5 Certain Customer Rights

A.An electric distribution company shall transfer a residential customer to the standard offer service rate not later than the next billing cycle after receipt of a request from a residential customer eligible for the standard offer service.

B.The electric distribution company shall not be liable for any contract termination fees that may be assessed by the nonregulated power producer.

C.An electric distribution company shall transfer a residential customer to the electric generation service rate of a nonregulated power producer not later than the next billing cycle after the electric distribution company receives from the nonregulated power producer a successful enrollment of such residential customer unless the notification is not received by the electric distribution company in accordance with its Commission-approved terms and conditions on file with the Division and Commission.

D. Notwithstanding any other provision of the Rhode Island General Laws, nothing shall prohibit a residential customer who moves from one dwelling to another dwelling within Rhode Island from immediately receiving electric generation service from a nonregulated power producer, provided such customer was receiving such service from a nonregulated power producer immediately prior to such move.

E. The electric distribution company shall include in its terms and conditions, subject to review and approval by the Commission, conditions for release of customer information to a nonregulated power producer.

F.Customer shall be entitled to any available individual information about their loads or usage at no cost.

G.Nonregulated power producers shall explain to residential customers in writing the material terms and conditions of the contract for electric generation services being consented to by the customer [consent to a contract for electric generation services shall be established as set out in § 2.5(H) of this Part, below]. This written explanation shall include each of the topics set out below in the order specified below; the topics shall be numbered as below and shall restate each topic description below, printed in boldface and underlined, as a heading. The written information provided by the nonregulated power producer may address additional topics if desired, but those additional topics shall follow the required topics set out below, and shall be numbered with appropriate topic headings. The specified information shall be provided to each customer or prospective customer.

1.A description of the rate the customer will be paying

2.Whether such rate is a fixed or variable rate.

3.The terms and expiration date of such rate.

4.Whether the contract will automatically renew. If the contract will renew automatically, the contract shall specify the date by which the customer must contact the nonregulated power producer if he or she seeks to disenroll at the end of the term to avoid extending service with the nonregulated power producer beyond the initial term of service. Such date must allow the nonregulated power producer to contact the applicable distribution company in sufficient time to switch the customer back prior to entry into the customer’s next billing cycle, as set forth in the electric distribution company’s tariff on file with the Division.

5.A notice describing the customer’s right to cancel the service, including the right to schedule the cancellation of service on a date certain at any time during the contract period, as provided in this section. It shall also specify the conditions under which the nonregulated power producer may terminate the contract, and the notification rules for effecting such termination. Finally, this notice must advise the consumer that the nonregulated power producer may not physically cut off electric service to consumers.

6.Method by which a consumer may cancel service through the nonregulated power producer. While canceling by sending an email or by other electronic means may be acceptable, an additional method by which a consumer without internet access may cancel service must be provided, such as by mailing a letter, sending a facsimile transmission (fax)of a letter; or by making a telephone call with third-party verification.

7.Advise the consumer that the contract shall specifically guarantee the consumer that the nonregulated power producer shall enroll the consumer in a new service agreement, or shall terminate an existing consumer’s service agreement in accordance with the terms of that service agreement, as appropriate, prior to the consumer’s next bill read date so long as the request to enroll or disenroll has been made at least seven (7) calendar days in advance of the next bill read date.

8.Advise the consumer that the contract shall specifically guarantee the consumer that the nonregulated power producer shall, in the event that the consumer opts to return to the distribution company’s standard offer service upon expiration of a service agreement with the nonregulated power producer, provide the consumer with written confirmation that it has received word of the customer’s cancellation decision and has processed the request.

9.Dispute resolution process.

10.A statement that there may be a market adjustment charged or credited to the customer by [name of electric distribution company] on his or her last utility bill for which the customer is enrolled in standard offer service.

11.Amount of any fees or penalties that may be imposed, e.g., for late payments, bad checks, or early contract terminations.

12.Any deposits that may be required (including amount, interest rate, recovery, conditions for forfeiture).

13.Budget plan availability, if any.

14.Information on air emissions and resource mix of generation facilities operate by and under long-term contract to the nonregulated power producer.

15.The trade name of the nonregulated power producer.

16.The toll-free telephone number for customer service of the nonregulated power producer.

17.The internet website of the nonregulated power producer.

18.The toll-free number for customer complaints at the Division [(401) 780-9700].

19.The name, business phone number, business address, and email address of the person at the nonregulated power producer that agreed on the service contract terms with the customer.

H.On or after January 1, 2017, each nonregulated power producer shall, prior to initiation of electric generation services:

1.Provide the potential residential customer with a copy of the written description of services as discussed in § 2.5(G) of this Part; and,

2.Provide the potential commercial or industrial customer with a written notice describing the rates, information that complies with R.I. Gen. Laws § 39-26-9 and the Commission’s rules governing energy source disclosure which may be amended from time to time, terms and conditions of the service, and a notice describing the customer’s right to cancel the service, as provided in this section.

I.No nonregulated power producer shall provide electric services unless the customer has signed a service contract or consents to such services by one of the following:

1.An independent third-party telephone verification;

2.Receipt of a written confirmation received in the United States mail from the customer after the customer has received an information package confirming any telephone agreement;

3.The customer signs a contract that conforms with the provisions of this section; or,

4.The customer’s consent is obtained through electronic means, including, but not limited to, a computer transaction.

J.Each nonregulated power producer shall provide each customer with a written contract, which contract may be provided in an electronic format, that conforms with the provisions of this section and maintain records of such signed service contract or consent to service for a period of not less than two (2) years from the date of expiration of such contract, which records shall be provided to the Division or the customer upon request.

K.Each contract for electric generation services shall contain:

1.All material terms of the agreement (each and every item set out in § 2.5(G) of this Part, above, is considered to be a “material term”);

2.A clear and conspicuous statement explaining the rates that such customer will be paying, including the circumstances under which the rates may change;

3. A statement that provides specific directions to the customer as to how to compare the price terms in the contract to the customer’s existing electric generation service charge on the electric bill and how long those rates are guaranteed;

4.Such contract shall also include a clear and conspicuous statement providing the customer’s right to cancel such contract not later than three (3) days after signature or receipt in accordance with the provisions of this subsection, describing under what circumstances, if any, the supplier may terminate the contract and describing any penalty for early termination of such contract;

5.The method by which a customer may cancel service through the nonregulated power producer, including a method by which a customer without Internet access may cancel service; and,

6.Any other information which may hereafter be required by the Division.

L.Between thirty (30) and sixty (60) days, inclusive, prior to the expiration of a fixed price term for a residential customer, a nonregulated power producer shall provide a written notice to such customer of any change to the customer’s electric generation price. Such residential customer shall select the method of written notice at the time the contract is signed or verified through third-party verification, as described in this section, by either indicating his or her choice in writing on a form provided for that purpose by the nonregulated power producer or, if the agreement is made orally with third-party verification, by indicating to the third-party verifier the method of written notice to be used by the nonregulated power producer. Such customer shall have the option to change the method of notification any time during the contract.

M.No nonregulated power producer shall charge a residential customer month-to-month variable rates for electric generation services following the expiration of a contract entered into after the effective date of this section without providing written notification to such residential customer forty-five (45) days prior to the commencement of such month-to-month variable rates. Such notice shall be made in writing and shall conform to the requirements set out above in this section for entering into the initial service contract. Such customer shall have the option to change the method of notification at any time during the contract.

N. No nonregulated power producer shall charge an electric generation service rate to a residential customer that is twenty-five percent (25%) more than the original contract price, or the last notification provided by the nonregulated power producer, without disclosing the rate change described in this section at least fifteen (15) days before it takes effect. Such disclosure shall be in writing and shall conform to the requirements set out above in this section for entering into the initial service contract.

O. No third-party agent may sell electric generation services on behalf of a nonregulated power producer unless the third-party agent is an employee or independent contractor of such nonregulated power producer, and the third-party agent has received appropriate training directly from such nonregulated power producer.

P. All sales and solicitations of electric generation services by a nonregulated power producer, aggregator, or agent of a nonregulated power producer or aggregator, to a customer conducted and consummated entirely by United States mail, door-to-door sale, telephone or other electronic means, during a scheduled appointment at the premises of a customer or at a fair, trade or business show, convention or exposition in addition to complying with the provisions of this section shall comply with all state and local laws and regulations.

Q.Any representative of a nonregulated power producer, aggregator, or agent of a nonregulated power producer or aggregator, shall prominently display or wear a photo identification badge stating the name of such person’s employer or the nonregulated power producer the person represents and shall not wear apparel, carry equipment or distribute materials that includes the logo or emblem of an electric distribution company or contains any language suggesting a relationship that does not exist with an electric distribution company, government agency or other supplier.

R.No nonregulated power producer, aggregator, or agent of a nonregulated power producer or aggregator, shall advertise or disclose the price of electricity to mislead a reasonable person into believing that the electric generation services portion of the bill will be the total bill amount for the delivery of electricity to the customer’s location, or make any statement, oral or written, suggesting a prospective customer is required to choose a supplier. When advertising or disclosing the price for electricity, the nonregulated power producer, aggregator, or agent of a nonregulated power producer, shall, on and after January 1, 2017, indicate, using at least a ten (10) point font size, in a conspicuous part of any advertisement or disclosure that includes an advertised price, the expiration of such advertised price, and any fixed or recurring charge, including, but not limited to, any minimum charge.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-04-12 to 01/04/2022

815-RICR-30-05-2 § 2.6 Nonregulated Power Producer Obligations

A.No contract for electric generation services by a nonregulated power producer shall require a residential customer to pay any fee for termination or early cancellation of a contract in excess of fifty dollars ($50.00), or twice the estimated bill for energy services for an average month, whichever is less, provided that when a nonregulated power producer offers a contract, it provides the residential customer an estimate of such customer’s average monthly bill; and provided further, it shall not be considered a termination or early cancellation of a contract if a residential customer moves from one dwelling within the state to another dwelling within the state and remains with the same nonregulated power producer. If a residential customer does not have a contract for electric generation services with a nonregulated power producer and is receiving a month-to-month variable rate from such supplier, there shall be no fee for termination or early cancellation.

B.Each nonregulated power producer shall file annually with the Division, on December 31, a list of any aggregator or agent working on behalf of such supplier; the nonregulated power producer shall also notify the Division within five (5) business days whenever it removes or adds any aggregator or agent from the list of those working on its behalf during the course of the year.

C.Each nonregulated power producer shall develop and implement standards and qualifications for employees and third-party agents who are engaged in the sale or solicitation of electric generation services by such supplier.

D.Each nonregulated power producer, aggregator, or agent of a nonregulated power producer or aggregator, shall comply with the provisions of the telemarketing regulations adopted pursuant to 15 U.S.C. § 6102.

E.Any violation or failure to comply with any provision of R.I. Gen. Laws § 39-26.7-1 et seq. or this Part shall be subject to civil penalties imposed by the Division including a penalty of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00), and in the case of continuing violation of any of the provisions of R.I. Gen. Laws § 39-26.7-1 et seq. or this Part, every day’s continuance shall be deemed to be a separate and distinct offense, an order of refund, and/or the suspension or revocation of a nonregulated power producer’s certificate, or a prohibition on the nonregulated power producer accepting new customers following a hearing.

F.Abusive switching practices, solicitations and renewals by nonregulated power producers; hiring and training of sales representatives, door-to-door sales and telemarketing practices by nonregulated power producers by nonregulated power producers. The General Assembly has determined that it is critical for nonregulated power producers to take all reasonable steps necessary to ensure that consumers have all of the information necessary to make informed decisions with respect to determining whether to procure their power from nonregulated power producers rather than purchasing it from a distribution company.

1Abusive switching practices, solicitations and renewals by nonregulated power producers.

a.No customer’s electric service may be switched from its current electric service provider unless the nonregulated power producer has complied fully with § 2.5 of this Part, and specifically with §§ 2.5(G), (H), (I), (J), and (K) of this Part.

b. In order to further ensure that customers are protected from abusive switching practices, and have truly been afforded an opportunity to make an informed decision regarding the source of their electric service, each customer signing a service contract or consenting to a change in service provider, as set out in § 2.5(I) of this Part, shall have a right to rescind their agreement or consent to receive services within three (3) business days of the date on which they signed the service contract or consented to a change in service provider. There shall be no penalty to the customer whatsoever for exercising this right of rescission.

2.Hiring and training of sales representatives, door-to-door sales, and telemarketing practices by nonregulated power producers.

a.All nonregulated power producers are responsible for ensuring that all sales representatives are thoroughly trained on the requirements of these rules, by the nonregulated power producer, prior to a sales representative contacting any consumer by any means, whether in writing, door-to-door, or through telemarketing. All sales representatives must be trained on, and respect, the rights of all consumers as set out in this Part generally, and specifically those rights as set out in § 2.5 of this Part, including especially §§ 2.5(G), (H), (I),(J), and (K) of this Part.

b.The nonregulated power producer shall document all training provided to its sales representatives, and make that documentation available to the Division for inspection upon request. No sales representative shall be allowed to approach any consumer about any of the nonregulated power producer’s products unless the nonregulated power producers has documented the training of that sales representative.

c. The nonregulated power producer shall be held responsible for ensuring that all sales representatives clearly identify themselves as an employee or representative of the nonregulated power producer for whom they are working; no sales representative soliciting sales on behalf of a nonregulated power producer shall, under any circumstances, or in any manner, identify themselves, either explicitly or implicitly, as an employee or representative of the distribution company. Failure of a sales representative working for a nonregulated power producer to comply with this provision shall be considered a separate violation of this Part within the meaning of § 2.6(E) of this Part, above, each time the failure occurs.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-04-12 to 01/04/2022

815-RICR-30-05-2 § 2.7 Effective Date

This Part, the “Nonregulated Power Producer Consumer Bill of Rights”, shall take effect on April 12, 2018.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-04-12 to 01/04/2022

Chapter 40 Water Utilities

Subchapter 00

815-RICR-40-00-01 Standards for Water Utilities

815-RICR-40-00-01 § 1.1 Authority and Purpose

A.Authority. These rules are issued pursuant to the authority granted by R.I. Gen. Laws § 39-3-33, and shall apply to any person, firm, corporation or other entity now or hereafter engaged as a public utility in the business of furnishing water to the public (hereinafter, “water utility”) within the State of Rhode Island.

B.Effect on Prior Rules. These Rules & Regulations replace the existing Division Rules and Regulations Prescribing Standards for Water Utilities, in Division Docket #929, Division Report and Order #8090 of January 31, 1966, effective March 1, 1966, and shall be applied prospectively only. The existing compilation of Rules & Regulations is hereby rescinded upon the effective date of this document.

C.Amendment or Waiver of Rules. Upon its own motion, or upon application, and for good cause shown, the Division of Public Utilities and Carriers may modify, suspend, or repeal the provisions of any rule herein. Application may be made to the Division for the modification of any rule or for temporary or permanent waiver from its provision, provided, however, that no water utility shall submit application for such modification or waiver without submitting therewith a full and complete justification for such action.

D.Penalty for Violations. The Division of Public Utilities and Carriers may impose a penalty as provided by R.I. Gen Laws § 39-2-8 upon any water utility which violates:

1.these rules;

2.an Order issued by the Division of Public Utilities and Carriers; or

3.R.I. Gen. Laws Chapters 39-1 through 39-5.

History

• Amendment — effective from 2024-10-25 to current
• Periodic Refile — effective from 2022-01-04 to 10/25/2024
• Technical Revision — effective from 2014-01-30 to 01/04/2022
• Amendment — effective from 2014-01-30 to 01/30/2014
• Amendment — effective from 2008-02-21 to 01/30/2014
• Periodic Refile — effective from 2001-12-19 to 02/21/2008

815-RICR-40-00-01 § 1.2 Definitions

A.“Actual Read” means any meter reading taken by a water utility employee, or the employee of a contractor working on behalf of a water utility, through use of an AMR (or ARB or other electronic remote reading technology) or by a water utility employee visually inspecting the actual meter.

B.“Administrator” means the Administrator of the Rhode Island Division of Public Utilities and Carriers.

C.“AMR” means an automated meter reading device.

D.“Commission” means the Rhode Island Public Utilities Commission.

E.“Curb Stop” means the company’s shutoff valve located at the service connection.

F.“Customer” means any person, firm, company, association, or governmental unit of the state supplied with water service by any water utility. The customer is liable for payment to the water utility for the cost of the water supplied to the customer’s property by the water utility for use by the customer or the customer’s tenant(s), as applicable.

G.“Division” means the Rhode Island Division of Public Utilities and Carriers.

H.“Estimated Read” means all types of reads other than an actual read, including those submitted by electronic means (phone, e-mail, or other internet-type communication) or in writing by customers.

I.“Inactive” means a service line where water service to the customer has been discontinued but the service line has not been abandoned.

J.“Main” means a water pipe, owned, operated and maintained by a water utility, which is used for the purpose of transmission or distribution of water but is not a water service pipe.

K.“Meter” means a device, instrument, or any attached device, used by a water utility to measure a quantity of water for billing purposes.

L.“Non-Registering Meter” means a meter that does not register the consumption of water. Some companies refer to this as a “DR meter”.

M.“Public Utility” is as defined in R.I. Gen Laws § 39-1-2.

N.“Service Connection” means the point of connection of the customer’s piping with the curb stop owned by the water utility.

O.“Service Pipe” shall mean the connection from the water utility's mains to the curb stop, and the customer's connection from the curb stop to the meter, and includes all of the pipe, fittings and valves necessary to make the connections.

P.“Water Service” shall mean the furnishing of water to a customer in this state by a water utility.

Q.“Water Utility” is any person, firm, corporation or other entity now or hereafter engaged as a public utility in the business of furnishing water service to customers within the State of Rhode Island.

History

• Amendment — effective from 2024-10-25 to current
• Periodic Refile — effective from 2022-01-04 to 10/25/2024
• Technical Revision — effective from 2014-01-30 to 01/04/2022
• Amendment — effective from 2014-01-30 to 01/30/2014
• Amendment — effective from 2008-02-21 to 01/30/2014
• Periodic Refile — effective from 2001-12-19 to 02/21/2008

815-RICR-40-00-01 § 1.3 Service Provisions

A.Filing of Rate Schedules. All rates, tolls and charges by a water utility shall be filed, posted, and available for public inspection in accordance with the provisions of R.I. Gen. Laws § 39-3-10. In addition, each water utility shall post this information on its website.

B.Information to Customers

1.Each water utility shall, upon request, provide its customers with such information and reasonable assistance as will help them to select the best use of service at the most advantageous rate. However, the ultimate responsibility for the selection of the best use of service at the most advantageous rate will rest with the customer.

2.Each water utility shall, upon request, explain to its customers the method of reading meters and calculating the bill.

C.Deposits/Interest. A water utility, to protect against loss, may require a deposit before rendering service to any customer. This deposit shall not be more than the highest actual billing period’s usage of a prior customer or the highest estimated billing period of the new customer if a prior customer does not exist. Interest shall be paid on deposits in accordance with applicable approved rate schedules or the terms and conditions of the water utility. Deposits plus accrued interest thereon, less any amount due the water utility, will be refunded upon termination of service. The water utility may return a deposit prior to the termination. A customer may request a return of deposit prior to the termination of service if the customer has established a good payment history and the water utility agrees to the return of deposit. When an account is terminated, and a deposit or portion thereof is applied against an account that has been terminated, interest shall cease to accrue on the balance at the date of termination.

D.Measurement of Service. All water sold by a water utility shall be upon the basis of metered volume sales and/or a fixed rate.

E.Liability for Water Charges Including Past Due Charges

1.Liability for Water Charges Generally. The customer of a water utility shall be liable for the payment of the tariffed rates fixed by the water utility for the use of water furnished by that water utility to the customer along with any applicable taxes and fees.

2.Liens on Property For Water Charges. If authorized by statute for a water utility (e.g., R.I. Gen. Laws § 39-15-12), the rates assessed against a customer for the water delivered to the customer for consumption may constitute a lien on the property to which the water was delivered. The lien shall arise and attach as provided by the laws applicable to that specific water utility.

3.Assessments or Adjustments of Past-Due Charges. If any water utility becomes aware that one of its customers has received water for use from that water utility but has either not been billed for the use of that water, or has been for any other reason improperly charged, the water utility shall calculate the appropriate charges for the period in question and present those charges to the customer. These charges shall be in addition to any charges accruing for current use of the water by the customer. However, the water utility shall not be allowed to collect new or corrected charges for past use that are made more than three (3) years from the date on which the bill for those charges for use should have been properly presented to the customer.

F.Meter Readings and Bill Forms

1.Each meter register shall indicate clearly the volume units registered and size of the meter.

2.All meters will be read at regular intervals (but no fewer than two actual reads each year) and on approximately the corresponding day of each meter reading period. In service areas that do not utilize AMR devices (or ARB or other electronic remote reading technology), the water utility must verify meter reads phoned or mailed in by the customer at least once every six (6) months. Bills based on estimated reads shall not exceed six (6) consecutive months on any residential, commercial or industrial account.

3.Each water utility shall keep an accurate account of all charges for service billed each customer and shall maintain records for ten (10) years showing information from which each bill rendered may be readily computed.

4.Bills shall be rendered at regular intervals and shall show:

a.the date of the current meter reading;

b.the meter reading (the amount or quantity of service for the billing period);

c.the type of meter reading (i.e., actual or estimated);

d.the billing period;

e.a list of itemized charges; and

f.consumption history (the amount or quantity of service in the past four billing periods). Provided, however, for any water utility presently unable to satisfy §§ 1.3(F)(4)(c) and (f) of this Part above, due to billing software limitations, that water utility shall have until January 1, 2010 to satisfy these requirements.

5.The billing date and the postmark date on the bill shall not vary by more than ten (10) business days.

G.Complaints of Customers. Each water utility shall make a full and prompt investigation of customer complaints made either directly to the water utility or through the Division. A record of all complaints received shall be kept for at least two years. This record shall show the name and address of the complainant, the date and character of the complaint, and the disposition made thereof.

H.Termination of Service

1.By customer. A customer must give at least five (5) business days notice of his/her intention to terminate service, and shall be responsible for all charges until expiration of such notice period but shall not be responsible for any charges thereafter unless service is reestablished by the customer.

2.By water utility.

a.For non-payment of bills - In accordance with the applicable terms and conditions of service, a water utility may require that bills be paid within a specified time after presentation. Thirty (30) days from the date the bill is rendered, service may be terminated for the non-payment of bills, provided the customer has been given written notice at least ten (10) days prior to the date of termination. In lieu of termination or upon restoration the water utility may require payments at less than normal billing intervals. All terminations of water service for nonpayment of bills shall be done in accordance with the Rhode Island Public Utility Commission’s rules governing the termination of services for non-payment.

b.For violation of terms and conditions of service- No water utility shall terminate service to a customer for violation of any term or condition of service without written notice of at least ten (10) days, advising the customer specifically as to which term or condition of service has been violated and precisely how it was violated, except that service may be terminated immediately when the violation of the term or condition of service is such as to endanger life or property.

c.For theft of water service - A water utility may terminate service without notice whenever a theft of the service by the customer is detected.

d.For lack of meter accessibility - A water utility may terminate service with written notice, of at least ten (10) days prior to termination, advising the customer of the water utility’s inability to access the customer’s premises for purposes of reading, installing, repairing, or replacing the water meters and/or meter reading devices. The customer shall be responsible for providing accessibility to the above meter and equipment.

e.Charge for restoring services - If service is terminated under paragraphs §§ 1.3(H)(2)(a), (b), (c) or (d) of this Part, above, the water utility may make a reasonable charge for restoring the service, provided such charge is specified in the water utility’s approved tariff.

History

• Amendment — effective from 2024-10-25 to current
• Periodic Refile — effective from 2022-01-04 to 10/25/2024
• Technical Revision — effective from 2014-01-30 to 01/04/2022
• Amendment — effective from 2014-01-30 to 01/30/2014
• Amendment — effective from 2008-02-21 to 01/30/2014
• Periodic Refile — effective from 2001-12-19 to 02/21/2008

815-RICR-40-00-01 § 1.4 QUALITY OF WATER SERVICE

A.Water Pressure Requirements

1.Normal Operating Pressure. Each water utility shall maintain normal operating pressures of not less than 20 pounds per square inch (psi) nor more than 125 psi at the service connection.

2.Pressure Variation

a.Variations in pressure under normal operating conditions shall not exceed 50% of the average operating pressure; however, under no circumstances shall normal operating pressures fall below 20 psi.

b.Pressure variations outside the limits specified will not be considered a violation of this rule when such:

(1)Arise from unusual or extraordinary conditions; or,

(2)Arise from the operation of customers' equipment.

B.Interruptions of Service

1.Generally. Each water utility shall use all reasonable means to avoid interruptions to service, but should interruption occur, service shall be reestablished within the shortest time practicable, consistent with safety. When an emergency interruption of service affects any portion of the fire protection system, the water utility shall promptly endeavor to notify the local Fire Chief or other public official responsible for fire protection of such interruption and of subsequent restoration of normal service.

2.Unplanned Interruptions. Each water utility shall keep a record of all unplanned interruptions to service of over thirty (30) minutes in duration in any portion of their distribution system. The record shall include the date and time of the interruption, approximate number of customers affected, the date and time of service restoration, the cause of such interruption when known, and steps taken to prevent its recurrence. Reports shall be retained by the water utility for a period of two (2) years and made available to the Division for inspection upon request.

3.Scheduled Interruptions. When service is interrupted to perform scheduled work on mains or equipment, such work shall be done at a time causing minimum inconvenience to customers, consistent with the circumstances. Customers seriously affected by such interruption shall be notified in advance, if practicable. Where any main supplying public fire protection service is scheduled to be shut off for maintenance or other work, the water utility shall notify the local Fire Chief or other official responsible for fire protection at least forty-eight (48) hours in advance, stating the approximate time and anticipated duration. In addition, the local Fire Chief or other official responsible for fire protection shall be notified promptly upon restoration of service.

4.Notification to Division. All notifications to the Division of service interruptions shall be made in accordance with the criteria set out in Appendix A.

C.Water Quality

1.Notification to Division. When matters of water quality are under review by the Rhode Island Department of Health (DOH), the Division shall be notified thereof in writing by the water utility. A final report shall be submitted by the water utility to the Division within a reasonable time after final disposition of the matter.

2.Notification to Public. When matters of water quality and DOH regulations necessitate notification to the public, the water utility shall effectuate such notification as expeditiously as possible and by all reasonable means available. Timely and direct notification shall also be provided to the appropriate municipal officials in the cities and towns affected, the Division, and the Rhode Island Emergency Management Agency. The water utility may rely on the Rhode Island Emergency Management Agency to provide notification to the public (and appropriate municipal officials) if the Rhode Island Emergency Management Agency determines that it capable of effectuating the timely notifications and accepts that responsibility.

History

• Amendment — effective from 2024-10-25 to current
• Periodic Refile — effective from 2022-01-04 to 10/25/2024
• Technical Revision — effective from 2014-01-30 to 01/04/2022
• Amendment — effective from 2014-01-30 to 01/30/2014
• Amendment — effective from 2008-02-21 to 01/30/2014
• Periodic Refile — effective from 2001-12-19 to 02/21/2008

815-RICR-40-00-01 § 1.5 METER INSTALLATION, ACCURACY AND TESTING

A.Inspection of Meters Removed from Service. All meters removed from service that are to be reinstalled shall be inspected for correctness of register.

B.Meter Installations

1.All meters shall be in good mechanical condition and of adequate size and design for the type of service that they measure.

2.Each water utility shall adopt a standard method of meter installation. This standard method of meter installation shall be described in writing as simply and clearly as possible, using drawings where necessary to illustrate the description, to ensure that each customer can understand the requirements for a standard meter installation. Copies of the descriptions of standard meter installations shall be made available to prospective customers and contractors or others engaged in the business of installing water pipes and water meters.

C.Testing and Calibration of Meters

1.Generally. All meters shall be tested and calibrated in accordance with the requirements set forth herein. No meter shall be placed in service or permitted to remain in service if the error of registration, determined in accordance with § 1.5(C)(3) of this Part, below, exceeds 2%. At the option of the water utility the larger size meters may be tested in place after installation.

2.Test Flows. All meters shall be tested at the three rates of flow specified in Table I, below. No meter shall be installed which registers less than 98% of the minimum test flow.

3.Determination of Error. If the meter error of registration at any of the rates of flow specified in Table I, below, is less than 98% or greater than 102% of the actual flow, the meter fails and may not be installed or used unless recalibrated.

Meter Size

(Inches)

Minimum

Gal./Min.

Median

Gal./Min.

Maximum

Gal./Min.

5/8

¼

2

10

3/4

½

3

15

1

¾

5

25

1 1/2

1 ½

10

50

2

2

16

80

3

4

30

120

4

7

50

250

6

12

100

500

4.Sealing of Meter. Upon completion of adjustment and test of any meter under the provisions of these rules, the water utility shall affix thereto a suitable seal in such a manner that the adjustment of registration of the meter cannot be tampered with without breaking the seal.

D.Test Schedules for Meters

1.Periodic Tests of Meters in Service. All meters in service will be tested or replaced in accordance with the schedule set out in Table II, below:

Table II

Periodic Meter Testing Schedule

Size of Meter (Inches)

Maximum Interval Between Tests or Replacement

5/8” – 2”

20 years

3” and Larger

2 years

2.Requested Tests.

a.Tests Performed by Water Utility at Customer’s Request. When requested by a customer, each water utility shall:

(1)test the accuracy of the customer's meter within thirty (30) days from the time the request is made, and

(2)extend to the customer an offer to allow the customer or the customer’s designated representative to be present for the testing.

3.At the customer’s request, the Division or the Division’s designated representative may observe the test. When requested to test a meter by a customer as herein provided, the water utility shall not knowingly remove, interfere with, or adjust the meter to be tested outside the presence of the customer without the written consent of the customer, and approval by the Division. A report giving the name of the customer requesting the test, the date of the request, the location, the type, make, size, the serial number of the meter, the date tested, and the result of the test shall be supplied to such customer within fifteen (15) days after completion of the test.

a.Meters that are not due for a periodic test. If the meter the customer requests to have tested is not overdue for its periodic test, the water utility may require a fee for such a test if allowed by its tariff. If upon testing the meter is found to be over-registering by more than 2%, the testing fee shall be promptly refunded. If the meter is not found to be over registering by as much as 2%, the utility shall retain the testing fee.

b.Meters that are due for a periodic test. If the meter the customer requests to have tested has exceeded the due date for its periodic test, the water utility may not require a fee for such a test.

4.Tests Requested by Division. Upon application to the Division by a customer, a test will be made of the customer's meter by the Division’s authorized representative as soon as practicable. When notified of an application submitted to the Division by a customer for a meter test as herein provided, the water utility shall not knowingly remove, interfere with, or adjust the meter to be tested without the written consent of the customer, and approval by the Division. The customer shall pay a deposit for this test, and the deposit shall be retained or returned, just as for a water utility test as described in § 1.5 (D)(2)(a)((1)) of this Part.

5.Record of Tests. The meter technician or other person testing the meter shall make a complete record of all tests, adjustments, and other data sufficient to allow all of the test results and calculations for that meter test to be verified. Such record shall include: the identifying number of the meter, the type of the meter, the date and kind of tests made, the reading of the meter before making any test, the error as found at each test, and, if repaired, the accuracy of the meter after the final test.

6.Retention. Records of periodic tests of meters will be retained by the water utility for inspection by the Division for a minimum of ten (10) years. All meters that are changed out, or removed from service for any reason, shall be retained for inspection by the Division for a minimum of six (6) months.

E.Customer's Bill Adjustments

1.Calculation of Error. In meter tests directed by the Division, or performed by the water utility at the request of a customer, the correctness of registration of the meter and its performance in service for billing purposes shall be determined by averaging the meter flow rates across all the intermediate and high flow rates. The percentage of registration shall be taken as the algebraic sum of the errors at the median and maximum rates of test flow, as set forth in § 1.5(C)(3) of this Part (Table I), divided by two. Any adjustment of charges made in accordance with this rule shall be based on the average error thus derived.

2.Adjustments

a.Fast Meters. Whenever as the result of a test made by the water utility or the Division at the request of the customer, a meter is found to register in excess of 102% of the correct amount, the water utility shall refund to the customer an amount equal to the charge for the excess billed for the previous twelve (12) months or for a period equal to one-half of the time elapsed since the last test or replacement, whichever is the shorter period. However, if the time when the error first developed or occurred can be definitely fixed, the amount to be refunded is to be based thereon.

b.Slow Meters. Whenever as the result of a test made by the water utility or the Division at the request of the customer, a meter is found to register less than 98% of the correct amount, the water utility may make a charge to the customer for the unbilled amount supplied for the previous twelve (12) months, or for a period equal to one-half of the time elapsed since the last test or replacement, whichever is the shorter period. However, if the time when the error first developed or occurred can be definitely fixed, the amount to be refunded is to be based thereon, subject to the three (3) year limitation set out in § 1.3(E)(3) of this Part.

c.Non-Registering Meters.

(1)Non AMR Meters. If a meter without an AMR is found which does not register, the water utility may make a charge to the customer for the unbilled amount that is based upon information recorded prior or subsequent to the period of nonregistration, and any other pertinent information supplied by the customer or known to the water utility, subject to the three (3) year limitation set out in § 1.3(E)(3) of this Part.

(2)AMR Meters. If a meter is equipped with an AMR is found not registering, the water utility may make a charge to the customer for the unbilled amount for only the twelve (12) months immediately preceding the date on which the corrected bill is sent.

F.Test Facilities and Equipment

1.Test Facilities. Each water utility furnishing metered water service shall either provide the necessary standard facilities, instruments and other equipment for testing meters in compliance with these rules, or shall enter into satisfactory arrangements for tests of its meters by another water utility or agency equipped to test meters in compliance with these rules, subject to approval by the Division.

2.Shop Equipment. The meter test shop, insofar as practicable, shall simulate the actual service conditions. It shall be provided with the necessary fittings, including a quick-acting valve for controlling the starting and stopping of the test, and a device for regulating the flow of water through the meter under test. The accuracy of the test equipment and test procedures shall be sufficient to enable shop tests of meters with an error not to exceed 0.5 of 1%.

3.Test Measurement Standards. Measuring devices for tests of meters shall consist of calibrated tanks for volumetric measurements, tanks mounted upon scales for weight measurement, or standard meters.

a.Volumetric Tanks. When a volumetric tank is used, the volumetric tank shall be certified by the State or Local Sealer of Weights and Measures.

b.Weight Standards. When a weight standard is used the scales shall be tested and certified at least once every year by the State or Local Sealer of Weights and Measures, and a record maintained of the results of such test.

c.Size of Basic Standards. Basic standards for meter tests shall be of sufficient capacity to insure accuracy of the test.

History

• Amendment — effective from 2024-10-25 to current
• Periodic Refile — effective from 2022-01-04 to 10/25/2024
• Technical Revision — effective from 2014-01-30 to 01/04/2022
• Amendment — effective from 2014-01-30 to 01/30/2014
• Amendment — effective from 2008-02-21 to 01/30/2014
• Periodic Refile — effective from 2001-12-19 to 02/21/2008

815-RICR-40-00-01 § 1.6 EQUIPMENT AND FACILITIES

A.Standard Practice. In determining standard practice, the Division will be guided by the provisions of the American Water Works Association standards and the Rhode Island Department of Health.

B.Construction and Maintenance. Each water utility shall construct, install, operate and maintain its plant, structures, equipment and mains in accordance with standard practice as defined in § 1.6(A) of this Part above, and in such manner to best accommodate the public, and to prevent interference with service furnished by other public utilities, insofar as practical.

1.Dead Ends. Insofar as practicable the water utility shall design its distribution system so as to avoid dead ends on its mains. Where dead ends are unavoidable the water utility shall provide hydrants or “blow offs” for the purpose of flushing the mains. Mains with dead ends shall be flushed as often as necessary to maintain the proper quality of the water. Records shall be kept of all flushings of mains, showing the date, place and duration, and such records used as a guide in determining the necessary frequency of flushing of the same mains thereafter.

2.Segmentation of System. Valves shall be provided at reasonable intervals in the mains to facilitate repairs and minimize interruptions of service.

3.Grid Systems. Whenever feasible, the distribution system shall be laid out in a properly segmented grid so that in case of breaks or repairs the interruptions of service to the customers can be kept to a minimum number.

4.Fire Protection Service. Specification, location, installation and the responsibility for the maintenance of fire hydrants, public and private fire protection facilities, connecting mains, and their ownership may be subject to negotiation between the water utility and the applicant. Fire hydrants and public and private protection facilities shall be installed in conformity to the requirements of the water utility and when owned by the water utility shall be subject to such conditions as the Division may determine based upon the compensation received for this service. Hydrants maintained by the water utility shall be inspected and operated at least once every eighteen (18) months, and shall be checked for freezing as often as necessary to ensure that they are functioning properly, unless the responsibility for inspecting and operating the fire hydrant is assumed by the local fire department or other appropriate entity. Where this is the case, the water utility retains responsibility for repairing or replacing any fire hydrant out of service within seven (7) days of such hydrant being reported out of service. A record of each hydrant maintained by the water utility shall be retained showing the size, type, location, date of inspection and flushing and the results thereof.

5.Valves. Each water utility shall periodically inspect the valves on its distribution system. A record of each valve shall be kept showing the size, type, location date of inspection and the results thereof. These records shall be kept for a five (5) year period.

6.Service Pipes. The minimum size of the service pipe shall not be less than ¾ inch nominal size. Each service pipe shall be provided with an individual shutoff prior to the meter on that service pipe.

7.Inspection of Service Pipe. In the installation of a service pipe, the customer shall not install any tee or branch connection and, if required, shall leave the trench open and pipe uncovered until it is inspected by the water utility and building official and shown to be free from any irregularity or defect.

C.Disinfection of Facilities. Disinfection of facilities shall be as approved by the Rhode Island Department of Health.

History

• Amendment — effective from 2024-10-25 to current
• Periodic Refile — effective from 2022-01-04 to 10/25/2024
• Technical Revision — effective from 2014-01-30 to 01/04/2022
• Amendment — effective from 2014-01-30 to 01/30/2014
• Amendment — effective from 2008-02-21 to 01/30/2014
• Periodic Refile — effective from 2001-12-19 to 02/21/2008

815-RICR-40-00-01 § 1.7 RECORDS AND REPORTS

A.Station Records. Each water utility shall keep sufficient records of the operation of its pumping, filtering, chlorinating and other units to show the characteristics and performance of each.

B.Water Supply Measurement Records

1.Measuring Devices. Each public water utility shall install a suitable measuring device, or otherwise determine quantity, at each point at which water enters the public water utility's distribution system in order that a record may be maintained of the quantity of water entering the distribution system at each such point.

2.Water Supply Records. At least once each month the quantity of water entering the public water utility's distribution system shall be determined for each point of entry. Twelve-month totals by sources shall be recorded and transmitted to the Division in the utility's annual report to the Division.

C.System Maps. Each water utility shall have on file at its principal office located within the state a suitable map, maps or drawings showing the following:

1.Size, character, and location of all mains, including hydrants and valves.

2.Size and location of each service connection, where practicable. In lieu of showing service locations on maps, a card record or other suitable means may be used.

3.Layout of all principal pumping stations, filter and chlorinating plants to show size, location and character of all major equipment, pipe lines, connections, valves and other equipment used.

DMeter Records. Each water utility shall keep numerically arranged and properly classified records giving for each meter owned or used by the water utility for any purpose, the identification number, date of purchase, name of manufacturer, serial number, type, rating, and the name and address of each customer on whose premises the meter has been in service, with date of installation and removal. These records shall be maintained in a manner such that the date of the last test is readily ascertainable.

E.Preservation of Records. All records required by these rules shall be preserved by the water utility for a period of two (2) years unless otherwise designated herein or by the Division's Regulations Governing the Preservation of Records. Such records shall be kept within the State of Rhode Island at the office or offices of the water utility and shall be open at all reasonable hours for examination by the Division or its representatives.

F.Reports to Division. The water utility shall furnish to the Division, at such times and in such form as the Division may require, the results of any required costs and summaries of any required records. The water utility shall also furnish the Division with any information concerning the water utility's facilities or operations which the Division may request and need for determining rates or judging the practices of the water utility.

History

• Amendment — effective from 2024-10-25 to current
• Periodic Refile — effective from 2022-01-04 to 10/25/2024
• Technical Revision — effective from 2014-01-30 to 01/04/2022
• Amendment — effective from 2014-01-30 to 01/30/2014
• Amendment — effective from 2008-02-21 to 01/30/2014
• Periodic Refile — effective from 2001-12-19 to 02/21/2008

815-RICR-40-00-01 § 1.8 GENERAL

A.Safety Instructions. Each water utility shall comply with all applicable State and Federal safety regulations.

B.Resuscitation. Each water utility periodically shall instruct its employees engaged in electrical work in the practice and use of accepted rules for resuscitation from electrical shock. Copies of such rules shall be furnished to each such employee. Electrical work as used herein shall be construed to mean work on all live electric conductors and equipment.

C.Accidents. Each water utility shall report to the Division as soon as possible after each accident occurring in connection with the operation of its property, facilities or service, wherein any person shall have been killed or admitted to a hospital, or whereby any property damage shall have been caused. The first report may be preliminary, but, if so, shall be followed later by as full a statement as possible of the cause and details of the accident and the precautions taken, if any, to prevent recurrence.

D.Division Inspection. The Division will from time to time inspect the works and system of each water utility and the manner in which it has conformed to the rules and regulations herein contained.

History

• Amendment — effective from 2024-10-25 to current
• Periodic Refile — effective from 2022-01-04 to 10/25/2024
• Technical Revision — effective from 2014-01-30 to 01/04/2022
• Amendment — effective from 2014-01-30 to 01/30/2014
• Amendment — effective from 2008-02-21 to 01/30/2014
• Periodic Refile — effective from 2001-12-19 to 02/21/2008

815-RICR-40-00-01 § 1.9 Appendix A

History

• Amendment — effective from 2024-10-25 to current
• Periodic Refile — effective from 2022-01-04 to 10/25/2024
• Technical Revision — effective from 2014-01-30 to 01/04/2022
• Amendment — effective from 2014-01-30 to 01/30/2014
• Amendment — effective from 2008-02-21 to 01/30/2014
• Periodic Refile — effective from 2001-12-19 to 02/21/2008

Chapter 50 Common Carriers

Subchapter 00 General Administration

815-RICR-50-00-1 Fuel Price Emergency Surcharge for Towers, Taxicabs and Limited Public Motor Vehicles Water Carriers

815-RICR-50-00-1 § 1.1 Authority and Purpose

A.Fuel Price Emergency Surcharge Program Rules Towers Taxicabs and Limited Public Motor Vehicles Water Carriers Introduction: Under R.I. Gen. Laws § 42-35-3, an agency promulgating new rules or regulations must:

1.give at least thirty (30) days notice of its intended action;

2.afford all interest persons reasonable opportunity to submit data, views or arguments, either orally or in writing;

3.demonstrate the need for the adoption of the rule; and

4.determine whether such action would have a significant adverse economic impact on small business or any city or town.

B.The Division of Public Utilities and Carriers (the "Division") endeavored to fulfill all of the requirements set forth in R.I. Gen. Laws § 42-35-3. However, the circumstances under which this rule was promulgated, prevented the Division from complying with these requirements precisely. On July 13, 2001, The Rhode Island General Assembly passed Senate Bill 01-0978, as amended, which was enacted as Public Law Chapter 307. This law, which, in part, amends R.I. Gen. Laws § 39-12-13, requires the Administrator of the Division of Public Utilities and Carriers to “…implement a gasoline price emergency surcharge program whereby a person licensed under this chapter to perform ‘drive away-tow away operations’ shall be permitted to impose and collect a surcharge, not to exceed fifty cents ($.50) per towing job, during periods when it is determined that the average price of gasoline in this state exceeds one dollar and fifty cents ($1.50) per gallon.” In addition, this law, amends R.I. Gen. Laws § 39-14-2.2, and requires the Administrator of the Division of Public Utilities and Carriers to “…implement a gasoline price emergency surcharge program whereby a taxicab or limited public motor vehicle licensed under this chapter shall be permitted to impose and collect a surcharge, not to exceed fifty cents ($.50) per fare, during periods when it is determined that the average price of gasoline in this state exceeds one dollar and fifty cents ($1.50) per gallon.” This law also amends R.I. Gen. Laws § 39-12-13, and requires the Administrator of the Division of Public Utilities and Carriers to “…implement a diesel price emergency surcharge program whereby a person licensed under R.I. Gen. Laws §§ 39-3-3, 39-3-3.1, or 39-3-4 to perform as a ‘commom (sic) carrier of persons and/or property upon water between termini within the state’ shall be permitted to impose and collect a surcharge, not to exceed fifty cents ($.50) for each passenger and vehicle carried, during periods when it is determined that the average retail price of diesal (sic) fuel in this state exceeds one dollar and twenty cents ($1.20) per gallon.” This law also mandated the Division to implement fuel price emergency surcharge programs for towers, taxicab and limited public motor vehicle operators, and water carriers, before September 1, 2001. Such requirement is equivalent to the required demonstration of need under R.I. Gen. Laws § 42-35-3(a)(3) and supersedes the requirement of an economic impact analysis as set forth in R.I. Gen. Laws § 42-35-3(3)(a)(4). The Division published notice in the Providence Journal, on August 3, 2001, informing the public that the Division would be conducting public hearings on these matters on August 22 and 23, 2001. The duly noticed public hearings fulfilled the requirements of R.I. Gen. Laws § 42-35-3(a)(2). After carefully considering all testimony and evidence presented at those hearings, the Division, on August 30, 2001, issued Orders 16699 (relating to Towers), 16700 (relating to Taxicabs and Limited public motor vehicles) and 16701 (relating to water carriers,) on August 30, 2001. The aforementioned Orders implemented the following rules for the implementation of fuel price emergency surcharge programs:

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-04-25 to 01/04/2022
• Adoption — effective from 2002-04-25 to 04/25/2002

815-RICR-50-00-1 § 1.2 Towers

A.The average cost of regular gasoline in Rhode Island will be determined by the Division by averaging the Rhode Island prices posted at www.aaasne.com on the first and third Wednesday of each month.

B.When the average cost of regular gasoline in Rhode Island exceeds one dollar and fifty ($1.50) cents per gallon, the Division will authorize a surcharge. The surcharge will be fifty ($0.50) cents per towing job.

C.The average cost of diesel fuel in Rhode Island will be determined by the Division by averaging the Rhode Island prices posted at www.aaasne.com on the first and third Wednesday of each month.

D.When the average cost of diesel fuel in Rhode Island exceeds one dollar and fifty ($1.50) cents per gallon, the Division will authorize a surcharge. The surcharge will be fifty ($0.50) cents per towing job.

E.On the fourth Monday of each month preceding a month in which the Division will authorize a surcharge, the Associate Administrator of the Motor Carrier’s Section of the Division will issue an Administrative Order stating:

1.The cost of regular gasoline in Rhode Island as posted on www.aaasne.com on the first and third Wednesday of each month;

2.The average of the cost of regular gasoline in Rhode Island, based on these two data points; and,

3.The cost of diesel fuel in Rhode Island as posted on www.aaasne.com on the first and third Wednesday of each month;

4.The average of the cost of diesel fuel in Rhode Island, based on these two data points; and,

5.The authorization of a surcharge for regular gasoline and/or diesel fuel powered tow trucks for the following calendar month.

F.The Associate Administrator of the Motor Carrier’s Section of the Division will cause this administrative order to be posted on the Division’s web-site by the fourth Monday of each month preceding a month in which the Division will issue a surcharge, where it will remain at least until the expiration of the month to which it relates.

G.The Associate Administrator of the Motor Carrier’s Section of the Division will cause a message to be recorded, indicating the authorization of a surcharge for regular gasoline fueled tow trucks and diesel fueled tow trucks, which will be accessible by telephone by the fourth Monday of each month preceding a month in which the Division will issue a surcharge, where it will remain at least until the expiration of the month to which it relates.

H.In those months when a surcharge is authorized, all tow trucks which operate during that month must contain a conspicuously placed notice of the fuel surcharge, which specifically identifies the type of fuel the truck uses. The Associate Administrator of the Motor Carrier’s Section of the Division will make sample notices available.

IThe authorization of the surcharge will expire on the last day of the calendar month for which it is authorized.

J.The application of the surcharge is voluntary. However, if a person or entity elects to implement the surcharge it must be applied non-discriminatorily.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-04-25 to 01/04/2022
• Adoption — effective from 2002-04-25 to 04/25/2002

815-RICR-50-00-1 § 1.3 Taxicabs and Limited Public Motor Vehicles

A.The average cost of regular gasoline in the State of Rhode Island will be determined by the Division by averaging the cost of regular gasoline in the state as posted under Rhode Island at www.aaasne.com on the first and third Wednesday of each month.

B.When the average cost of regular gasoline in the state exceeds one dollar and fifty ($1.50) cents per gallon, the Division will authorize a surcharge. The surcharge will be twenty five ($0.25) cents per fare when the meter shows a fare of $10.00 or less. The surcharge will be fifty ($0.50) cents per fare when the meter shows a fare of more than $10.00.

C.On the fourth Monday of each month preceding a month in which the Division will authorize a surcharge, the Associate Administrator of the Motor Carrier’s Section of the Division will issue an Administrative Order stating:

1.The cost of regular gasoline in the state as posted under Rhode Island fuel prices on the AAA of Southern New England’s web-site on the first and third Wednesday of each month;

2.The average of the cost of regular gasoline based on these two data points; and,

3,The authorization of a surcharge for the following calendar month.

D.The Associate Administrator of the Motor Carrier’s Section of the Division will cause this administrative order to be posted on the Division’s web-site by the fourth Monday of each month preceding a month in which the Division will authorize a surcharge, where it will remain at least until the expiration of the month to which it relates.

E.The Associate Administrator of the Motor Carrier’s Section of the Division will cause a message to be recorded, indicating the authorization of a surcharge by the fourth Monday of each month preceding a month in which the Division will authorize a surcharge.

F.In those months when a surcharge is authorized, all taxicabs and limited public motor vehicles must conspicuously place a notice of the surcharge in every vehicle which operates during that month. The Associate Administrator of the Motor Carrier’s Section of the Division will make sample notices available.

G.The authorization of the surcharge will expire on the last day of the calendar month for which it is authorized.

H.The application of the surcharge is voluntary. However, if a person or entity elects to implement the surcharge it must be applied non-discriminatorily to all persons carried.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-04-25 to 01/04/2022
• Adoption — effective from 2002-04-25 to 04/25/2002

815-RICR-50-00-1 § 1.4 Water Carriers

A.Available To: A person or entity licensed under R.I. Gen. Laws §§ 39-3-3, 39-3-3.1 or 39-3-4 to perform as a “common carrier of persons and/or property upon water between termini within the state.”

B.Application of surcharge: If a person or entity is authorized to implement a surcharge it must be applied nondiscriminatorily to all persons and vehicles carried.

C.Application for authorization of a surcharge: When the average retail cost of marine diesel in Rhode Island exceeds one dollar and twenty ($1.20) cents per gallon, a water carrier may request authorization to impose a surcharge. A water carrier requesting authorization to impose a surcharge must demonstrate a nexus between the actual price that it has paid per gallon of marine diesel and its operations costs over the thirty (30) day period on which it is basing its request for a surcharge. The water carrier must submit actual invoices, including a price per gallon assessment, for the marine diesel it purchased during the period, the number of passengers and vehicles it carried, the number of trips it made, and the number of gallons of marine diesel it used per trip. This information must be delivered to the Division by the fourth Tuesday of the month before the calendar month for which the water carrier is requesting authorization to impose a surcharge. The Division will notify the entity within five (5) business days after receipt of all submitted data as to whether a surcharge may be collected, and what amount of surcharge the water carrier is authorized to collect. If the water carrier chooses to impose the surcharge, it must do so no later than three (3) days from the date on which it was notified that the Division had authorized the imposition of a surcharge. The authorization of the surcharge will expire thirty (30) days after the water carrier has begun collecting the surcharge.

D.Amount of surcharge: The amount of the surcharge will be determined based on evidence presented by the water carrier. However the amount of the surcharge will not exceed fifty ($0.50) cents per person or vehicle carried.

E.The following method will be used to calculate the average retail price of marine diesel in Rhode Island: The average retail price of marine diesel in Rhode Island will be determined by the Division based on the retail price of “over the road” diesel which is posted on the Rhode Island portion of the AAA of Southern New England’s web-site on the first and third Wednesday of each month. The Division will determine the retail price of marine diesel on each of those days by first subtracting from this price of “over the road” diesel the amount of federal and state taxes which are assessed on each gallon which are not assessed on marine diesel 1. Then, the Division will adjust that figure to include the Rhode Island sales tax that is assessed on marine diesel 2.

F.Notification to regulated water carriers of activation of program:

1.On the fourth Monday of each month preceding a month in which the Division will announce the activation of the program, the Associate Administrator of the Motor Carrier’s Section of the Division will issue an Administrative Order stating:

a.The retail price of marine diesel in Rhode Island on the first and third Wednesday of each month as determined by the Division using the above stated method;

b.The average retail price of marine diesel in Rhode Island, based on these two data points; and,

c.The activation of the program for the following calendar month.

2.The Associate Administrator of the Motor Carrier’s Section of the Division will cause this administrative order to be posted on the Division’s web-site on the day it is issued, where it will remain at least until the expiration of the month to which it relates.

3.The Associate Administrator of the Motor Carrier’s Section of the Division will cause a message, announcing this administrative order, to be recorded and accessible by telephone on the day such administrative order is issued.

G.Notification to customers of surcharge: A water carrier who receives Division authorization to implement a surcharge must conspicuously post a notice stating that a marine diesel surcharge is in effect pursuant to R.I. Gen. Laws § 39-12-13(c) which must also state the amount of the surcharge that has been authorized. This notice must also state the date on which it began collecting the surcharge and the date on which it will stop collecting the surcharge. The Associate Administrator of the Motor Carrier’s Section of the Division will make sample notices available.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-04-25 to 01/04/2022
• Adoption — effective from 2002-04-25 to 04/25/2002

Subchapter 05 Motor Carriers of Property

815-RICR-50-05-1 Transportation Provided by Motor Carriers of Property

815-RICR-50-05-1 § 1.1 Authority

This Part is promulgated pursuant to the authority conferred in R.I. Gen. Laws Chapter 39-12.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.2 Purpose

The purpose of this Part is to regulate motor carriers of property. This includes setting requirements for tariffs and bills of lading, procedures for the towing of vehicles, and rules concerning insurance, vehicle marking, leased equipment, and safety.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.3 Definitions

A."Administrator" means the Administrator, Division of Public Utilities and Carriers.

B."Abandoned Vehicle" means any vehicle which meets any of the following three (3) tests:

1.A vehicle that is inoperable, over eight (8) years old, and is left unattended on public property for more than forty-eight (48) hours; or,

2.A vehicle that has remained illegally on public property for a period of more than three (3) days; or,

3.A vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days.

C."Abandoned Vehicle of No Value" means any motor vehicle which meets any of the following three tests:

1.Any motor vehicle that is inoperable, over ten (10) years old, and is left on public property for more than forty-eight (48) hours; or,

2.Any vehicle that has remained illegally on public property for a period of more than three (3) days; or,

3.A vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days, and meets all of the following criteria:

a.The vehicle has no evidence of current registration in or upon the vehicle; and,

b.The vehicle has a fair market value of five hundred dollars ($500) or less; and,

c.The vehicle does not have a valid inspection sticker.

D."Agency Tariff" means a tariff issued by a publishing agent for one or more certified common or contract carriers under power of attorney issued by the carrier.

E."Applicant" means person or persons filing an application.

F."Certificated Tower" means a carrier possessing a certificate of public convenience and necessity issued by the Administrator, Division of Public Utilities and Carriers, for the purpose of transporting vehicles by the tow-away method.

G."Classification" means a tariff containing a list of articles or commodities and the class ratings to which they are assigned for the purpose of applying class rates.

H."Class Rates" means a rate which applies on one or more various articles according to the class ratings to which they are assigned.

I."Commodity Rate" means a rate published to apply to a commodity specifically named or described.

J. "Common Carrier" means any person who or which undertakes, whether directly or by any other arrangement to transport property, or any class or classes or property, by motor vehicle, between points within this state, for the general public, for compensation, over the publicly used highways of this state, whether over regular or irregular routes.

K."Contract Carrier" means any person who or which engages in transportation by motor vehicle of property in intrastate commerce, for compensation (other than transportation referred to in the preceding paragraph), under continuing contracts with one (1) person or an unlimited number of persons for the furnishing of transportation services of a special and individual nature required by the shipper and not generally provided by common carriers.

L. "Division" means Rhode Island Division of Public Utilities and Carriers.

M."Intervenor and/or Protestant" means a person permitted to intervene in a proceeding to protect an alleged interest.

N."Legal Owner" means the person who has obtained the ownership of a vehicle by any legal means but has not caused the vehicle to be registered with the Registry of Motor Vehicles.

O."Lessee" means the Motor Carrier leasing the vehicle.

P."Lessor" means the individual or party owning the vehicle to be leased by the motor carrier.

Q."Police Department" means the police department of a city or town, or the Rhode Island state Police

R."Possessory Lien" means the right to maintain possession of a vehicle and motor vehicle registration plates against all claims of the owner and/or security lien or until all charges are paid for recovery, towing, and storage in accordance with the certificated towers tariff.

S."Private Trespass" means the unattended presence of a vehicle on private property without the consent of the owner or person in control thereof.

T."Registered Owner" means the person recorded in the Registry of Motor Vehicles as being the one to whom the registration of the vehicle was issued

U."Tariff" means a publication containing rates, charges, classifications, or ratings.

V."Tow Truck" means any motor vehicle designated, and/or ordinarily used for the purpose of towing or removing vehicles assisting disabled motor vehicles.

W."Transferee" means a person who seeks to acquire a certificate or permit from a transferor.

X."Transferor" means a person who seeks to sell or assign a certificate or permit.

Y."Unattended Vehicle" means any vehicle other than an “abandoned vehicle” or “abandoned vehicle of no value” that meets one of the following criteria:

1.A vehicle left unoccupied in a place or for a period of time prohibited by law or municipal ordinance or so as to cause traffic congestion or hazard; or,

2.A vehicle from which the operator or owner thereof has been removed by any member of a police department in the performance of his or her official duties; or,

3.A vehicle left on public or private property without the consent of the owner or person in control thereof, or own having exclusive right to the use thereof.

Z."Vehicle or Motor Vehicle" means any vehicle, machine, truck, tractor-trailer, or semi-trailer propelled or drawn by any mechanical power and use upon the highways in the transportation of property, but does not include any vehicle or car operated on a rail or rails wither on or off the publicly used highways.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.4 Hearings - Procedures

A.Applications filed for the purpose of securing an interstate carrier permit will not be subject to a formal hearing.

B.Any individual may appear before the Administrator in his own behalf. A party may be represented by an attorney or by a registered "practitioner" before the Interstate Commerce Commission.

C.A protest filed with the Administrator, against the granting of an application, shall set forth specifically the ground or grounds upon which it is made and shall contain a concise statement of the interest the protesting party has in the proceeding. A protest shall be filed in writing within seven (7) days after notice of the filing has been given to the public by legal notice in the Providence Journal. A copy of any protest filed with the Administrator under this rule shall be served simultaneously upon the applicant.

D.Protestants who have satisfied the requirement set forth in paragraph § 1.4(C) of this Part shall be treated as intervenors and accorded all the rights appropriate thereto.

E.Protestants who are represented by legal counsel shall file with the Administrator, at least three days prior to the scheduled hearings, pre-filed direct testimony, in question and answer form. which shall be proffered by the protestant or protestants at the time of hearing, in lieu of traditional oral direct examination. A copy of this pre-filed direct testimony shall also be served upon the applicant, by certified mail, simultaneously. This requirement may be waived at the discretion of the hearing officer.

F.Protestants filing pre-filed direct testimony shall make available at the time of hearing, the witnesses whose testimony has been pre-filed in order that the applicant and/or the Division will have an opportunity to cross-examine these witnesses. Subsequent to cross-examination, a protestant may elicit rebuttal testimony from the witness through direct oral examination.

G.A member of the general public wishing to be heard at Division hearings, shall be allowed to voice their opinions on the record. These witnesses shall be limited to five minutes of testimony, or more, at the discretion of the hearing officer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.5 Transfer of Operating Rights

A.Stock Transfers, new Corporate Officers, or new "Board" Members must receive Administrator approval. Although a public hearing is not required, the Division reserves the right to conduct a hearing if deemed necessary.

B.A proposed transfer of intrastate operating rights shall be approved only if the Administrator finds the transferee to be fit, willing and able, financially and otherwise, to engage in bona-fide motor carrier operations under such operating rights; further, the Administrator shall only reissue and transfer a certificate or permit to the transferee which does not exceed the scope of commodities which had been transported by the transferor during the sixty (60) day period immediately preceding the date when the transfer application was received for filing with the Division, and further, the remaining scope of commodities which had not been transported by the transferor during said period shall be revoked.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.6 Form and Preparation of Tariffs

A.All tariffs and supplements thereto shall be in book, pamphlet, or loose-leaf form of page size 8 1/2 by 11 inches and shall be plainly printed.

B.Pages of loose-leaf tariffs shall be printed and designated as "Original Page 1", "Original Page 2", etc. Each page must show at the top of the page the name of the motor carrier or agent, and the page number of the tariff. At the bottom of the page shall be shown the effective date, and the name, title, and street address of the issuing motor carrier or agent.

C.A complete index, alphabetically arranged, of all articles upon which commodity rates named therein, together with reference to each item (or page) where a particular article is shown.

D.Changes in rate, ratings, or other provisions of a tariff may be accomplished by issuing a supplement to the tariff. The first supplement to a tariff must be designated on the upper right-hand corner of the title page as follows:

SUPPLEMENT NO. 1 TO - TARIFF NUMBER - EFFECTIVE (DATE).

Subsequent supplements shall be numbered consecutively or with a supplement number and letter suffix. No more than three (3) supplements will be filed before a whole new tariff is required. Agency tariffs are exempt from this limitation.

E.Each motor carrier of property shall post and file at each of its stations or offices, approved tariffs. Each of such carriers shall also maintain at its principal or general office a complete file of all tariffs approved by the Division and currently in effect.

F.All tariffs approved by the Division shall be dated and stamped "Approved." If a tariff is not officially stamped and dated by the Division, it will be invalid.

G.The form of the tariff for the shipment of household goods must be the same, or substantially similar to examples made available by the Motor Carriers Section of the Division and can be downloaded at: http://www.ripuc.ri.gov/rulesregs/divrules/appA.pdf

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.7 Filing of Contracts and Schedule of Rates

A.In accordance with the provisions of R.I. Gen Laws §§ 39-12-15 and 39-12-16, every contract carrier shall file with the Administrator a copy of every contract in force, together with schedules of actual rates in effect.

1.CONTRACTS ON PUBLIC FILE WITH THE DIVISION ARE NOT OPEN FOR PUBLIC INSPECTION.

B.When a contract is terminated and no longer in effect, the carrier shall notify the Administrator immediately in writing.

C.Each schedule shall contain the identity of each shipper with whom the carrier has a contract in force.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.8 Maintenance of Office in Rhode Island

Every common and contract motor carrier of property holding intrastate operating authority shall maintain an office within the state of Rhode Island unless a duly authorized Rhode Island Agent of Process is on file with the Division. Recertification of such Agent of Process is required annually. Complete business addresses for all certificate holders shall include the street, city or town, state, zip code and telephone number of the main office. Post office boxes will not be accepted.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.9 Vehicle Marking and Identification

The name as it appears on the certificate, or permit, street address, town or city, along with the certificate or permit number shall be displayed on both sides of every vehicle utilized as a common or contract carrier in letters visible at 50 feet. Appropriate abbreviations are acceptable. If business names are used in addition to the name on the certificate, the name must be registered with the Division. Only one business name can be used.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.10 Preservation of Records

It shall be the duty of motor carriers operating in intrastate commerce to retain for a period of at least three years, all freight bills, delivery receipts, shipping orders, tariffs or supplements, copies of contracts and schedules of actual rates, records of insurance coverage, and other prescribed business records. Such records may be maintained at a location other than the primary business office providing such records are available for retrieval upon request. Records must be maintained on the business premises for the most recent six-month period.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.11 Information Required on Shipping Documents

A.Pursuant to the provisions of R.I. Gen. Laws § 39-12-28, common carriers of property, when issuing a receipt, freight bill, invoice or bill of lading to the shipper must show the following information thereon:

1.Date of shipment made.

2.Name of shipper and point of origin - name of consignee and point of destination.

3Number of packages and description of packages being transported.

4.Weight, hours, volume or other arrangements upon which the transportation charges are based.

5.The rate assessed and the amount of freight charges, and accessorial charges, if any, to be collected.

6.The bill of lading presented to the shipper of household goods must be the same or substantially similar to examples made available by the Motor Carriers Section of the Division and can be downloaded at: http://www.ripuc.ri.gov/rulesregs/divrules/APPB.pdf

7.A “Truth in Coverage” Statement must be attached to a bill of lading issued to the shipper of household goods. This statement must offer two options for the coverage of damaged goods: depreciated (actual) value and released value (with liability for the mover at no more than 60 cents per pound per article). The “Truth in Coverage” Statement must be the same as that made available by the Motor Carriers Section of the Division and can be downloaded at: http://www.ripuc.ri.gov/rulesregs/divrules/AppC.pdf

B.Common Carriers transporting automobiles by tow-away method shall include the following information on their bills of lading:

1.Date of tow

2.Time of day tow performed

3.Exact location of vehicle pickup

4.Odometer reading of tow truck when leaving terminal

5.Odometer reading of tow truck when arriving back at terminal

6.Vehicle registration number (vehicle towed)

7.Person who requested tow

8.Description of all charges exacted and total amount billed to customer

9.The bill of lading presented to the vehicle owner must be the same or substantially similar to examples made available by the Motor Carriers Section of the Division, adjusted to reflect applicable tariff provisions, and can be downloaded at: http://www.ripuc.ri.gov/rulesregs/divrules/AppD.pdf

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.12 Motor Carrier Records and Reports

A.All common and contract carriers shall keep complete records of their operating expenses, operating revenues, and any other pertinent information in connection with such operations.

B.Every motor carrier shall file with the Administrator, an annual report covering a period of twelve months ending on the thirty-first day of December of each year. Such reports shall be submitted to the Administrator no later than the thirty-first day of March of the following year. Annual report forms shall be provided by the Administrator.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.13 Notification Requirement for Certificated Towing Companies - Police Department Ordered Tows

A.Notification of Registered Owner. A certificated tower removing an abandoned or unattended vehicle shall notify within seven (7) days thereof, by registered mail, return receipt requested, the last known registered owner of the vehicle, at the address shown in the records of the appropriate registry in the state in which the vehicle is registered, that the vehicle has been taken into custody. The certificated tower coming into possession of a vehicle in any lawful manner shall have a possessory lien on the vehicle and registration plates, so long as it retains possession, if it has fully complied with all notice requirements. If the certificated tower fails to notify the registered owner within seven (7) days as required by this subparagraph, the certificated tower may not charge the registered owner any fees for storing the vehicle that may accrue between the time the registered owner was required to be notified and the time the certificated tower actually effects such notification.

B.Notification of All Known Lienholders of Record. A certificated tower removing an abandoned or unattended vehicle shall notify within fourteen (14) days thereof, by registered mail, return receipt requested, all known lienholders of record of the vehicle, at the address shown in the records of the appropriate registry in the state in which the vehicle is registered, that the vehicle has been taken into custody. The certificated tower coming into possession of a vehicle in any lawful manner shall have a possessory lien on the vehicle and registration plates, so long as it retains possession, if it has fully complied with all notice requirements. If the certificated tower fails to notify the all known lienholders of record within fourteen (14) days as required by this subparagraph, the certificated tower may not charge any known lienholder of record who was not notified any fees for storing the vehicle that may accrue between the time all known lienholders of record were required to be notified and the time the certificated tower actually effects such notification of that lienholder.

C.Notification When Identity of a Registered Owner or Lienholder Cannot be Determined. If the identity of the last registered owner cannot be determined from the records of the appropriate registry in the state in which the vehicle is registered or by searching the vehicle, or if the registration contains no address for the ownership, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by publication in one newspaper of general circulation in the area where the vehicle was abandoned or left unattended shall be sufficient to meet all requirements of notice pursuant to this Part. A notice by publication may contain multiple listings of abandoned or unattended vehicles. Any notice by publication shall be within the save time requirements prescribed above for notice by registered mail and shall have the same contents required for a notice by registered mail.

D.Contents and Form of Notice. The notice shall be substantially in the form set out below, and shall describe:

1.The year, make model and serial (VIN) number of the vehicle.

2.The name, address and telephone number of the certificated tower.

3.That the vehicle is in the possession of that certificated tower.

4.That recovery, towing, and storage charges are accruing as a legal liability of the registered and/or legal owner.

5.That the certificated tower claims a possessory lien for all recovery, towing, and storage charges.

6.That the registered and/or legal owner may retake possession at any time during business hours by appearing, proving ownership, and paying all charges due the certificate tower pursuant to its published tariff.

7.That should the registered and/or legal owner consider that the original taking was improper or not legally justified, he or she has a right to file an administrative complaint pursuant to RI Gen. Laws § 39-12 to contest the original taking.

8.That if no claim is filed and the vehicle is not claimed and possession retaken or arranged for within thirty (30) days of the mailing of the notice, the lien will be foreclosed and the vehicle will be sold at public auction.

9.That the proceeds of the sale shall be first applied to recovery, towing and storage charges, with any excess proceeds being deposited as provided in accordance with R.I. Gen. Laws § 39-12.1-9(d)(3).

10.That any recovery, towing, and storage charges in excess of the sale proceeds shall remain as a civil obligation of the registered and/or legal owner.

11.The Form of the Notice must be the same, or substantially similar to examples made available by the Motor Carriers Section of the Division and may be downloaded at: http://www.ripuc.ri.gov/rulesregs/divrules/1.113.E.pdf

1.13.1Notification Requirements for Certificated Towing Companies - Private Trespass Towing

A.The owner or person in control of any parcel of property may cause to be removed from the property a vehicle which is trespassing upon the property without the consent of the owner or person in control of that vehicle by retaining in writing a certificated tower to remove the trespassing vehicle to the certificated tower’s private impoundment lot. This procedure may be undertaken and accomplished without the need to resort to judicial process provided:

1.The impoundment lot shall be within ten (10) miles of the point of removal;

2.The lot shall be open for business to release the vehicle the same hours it is open to receive the vehicle; and,

3.There shall be posted on the outside of the office of the lot the business hours.

B.All charges for recovery, towing, and storage shall be in accordance with the certificated tower’s published tariff and shall be borne by the last registered and/or legal owner of the vehicle for which charges the certificated tower shall have a possessory lien as set forth in §1.13 of this Part and R.I. Gen Laws § 39-12. However, should the last registered and/or legal owner prove through judicial process that the vehicle was not in fact trespassing on the property of the owner or person in control, the charges shall be borne by the owner or person in control of the property who ordered the towing, removal, relocation and storage. The last registered and/or legal owner shall as a prerequisite to any procedure to recover the charges from the owner or person in control of the property, pay in full all charges assessed due the certificated tower in accordance with its published tariff.

C.A certificated tower shall remove vehicles from private property at the direction of the owner or person in control thereof only upon receiving the direction in writing and notice shall be kept in the records of the certificated tower and which writing shall be a complete defense to any civil and criminal charges resulting from the removal of the vehicle. Notification of the registered and/or legal owner, as well as all known lienholders of record, shall be made by the certificated tower in accordance with the provisions of § 1.13 of this Part.

1.13.2Immediate Release of Pets or other Personal Items from Towed Automobiles

A.Whenever a vehicle that contains an animal is towed by a certificated towing company, said towing company shall notify either the local animal control officer or the Police Department within the particular city or town from which the vehicle was towed.

1.This notification shall be accomplished immediately upon towing of the vehicle.

2.In the event the owner of the vehicle, or the individual in control of the vehicle, is present at the time of the tow, the towing company shall release the animal immediately regardless of whether towing charges have been paid.

B.Whenever a vehicle that contains personal items is towed by a certificated towing company, said towing company shall release those personal items to the owner of the vehicle, or to the individual in control of the vehicle, immediately upon request, regardless of whether the towing charges have been paid. R.I. Gen. Laws § 39-12.1-6 affords the certificated tower a possessory lien only on the vehicle itself and the registration plates of the vehicle.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.14 Liability and Cargo Insurance Filings

A.Certificated common carriers shall file with the Administrator a certificate of insurance or bond with respect to public liability and property damage insurance coverage.

B.Certificated common carriers shall file with the Administrator a certificate of insurance or bond for cargo insurance. Such certificate need not be filed by motor carriers who transport bulk commodities transported by dump vehicle.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.15 Issuance of Temporary Permits to Interstate Truckers

Interstate carriers seeking "temporary" vehicle registration permits shall be assessed the same fees as required under R.I. Gen. Laws § 39-12-26 of the entitled "Registration and Certification of Vehicles." No more than three (3) temporary permits shall be allowed per quarter (three months).

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.16 General Lease Provisions

A.No common carrier by motor vehicle and no contract carrier by motor vehicle shall perform authorized transportation in a power unit consisting of a straight truck, tractor, van or automobile with or without driver, which such common carrier or contract carrier does not own unless there is in effect with respect to such equipment a lease which shall be in writing and signed by the parties thereto and subject to the following general conditions:

1.The lease shall contain a description specifying the make, type, year of manufacture, motor number(s) of registration and license plate number(s) of the leased equipment, and shall state whether a driver is to be supplied by the lessor for the operation of said leased equipment.

2.The lease shall provide that the lessee shall have the exclusive possession, control, and use of the equipment for the duration of the lease. The lease shall further provide that the lessee shall assume complete responsibility for the operation of the equipment for the duration of the lease.

3.The lease shall specify the time and date on which said lease begins and the date on which it terminates.

4.The lease shall preclude the possession, control or use of the equipment by anyone but the lessee for the duration of the lease.

5.The lease shall be executed in triplicate, the original to be retained by the lessee, one copy to be retained by the lessor, one copy to be filed with the Division unless a copy of the lease is carried on the equipment. The lessee shall keep with the equipment a statement certifying that the equipment is being operated by it. The statement shall also specify the name of the owner, the date and length of lease, any restrictions in the lease relative to the commodities to be transported, and the address where the original lease is kept by the lessee.

6.During the period of the lease, the carrier shall identify the equipment in accordance with Division Rules and Regulations. At the termination of the lease period, the lessee shall recover from the lessor any plates, vehicle identification devices or permits issued to the lessee and used on the leased equipment during the term of the lease.

1.16.1Owner-Operated Equipment

A.When the equipment to be leased is to be operated for the lessee by the owner or an employee of the owner of said equipment, then, in addition to the preceding general lease conditions the following specific conditions must be met:

1.As the principal purpose of these regulations is to permit common carriers and contract carriers to perform transportation in power units that they do not own, nothing contained herein should be construed as allowing such common carriers and contract carriers to abandon their responsibility to provide the transportation services described in their certificates or permits.

2.The period for which the lease applies shall be 7 days or more.

3.The amount to be paid by the lessee for the equipment shall be clearly stated on the face of the lease or in an addendum which is attached to the lease. In addition, the lease must disclose which of the parties is ultimately responsible for the payment of the cost of fuel, road use taxes, excise taxes, fuel taxes, repairs, maintenance, permits of all types, tolls, ferries, plates, detention and accessorial charges and any unused portions of such items.

4.The compensation stated on the lease or in an attached addendum may apply to the equipment and driver's services either separately or as a combined amount.

5.The lease shall clearly specify that the lessee shall be responsible for providing cargo insurance and shall specify that the lessee shall carry a secondary or umbrella policy over that of the lessor for public liability and other property damage coverage.

6.The lease shall clearly specify all items that must be initially paid for by the lessee but ultimately deducted from the lessor's compensation at time of payment.

7.For those lessors whose revenue is based on a percentage of the gross revenue for a shipment, the lease shall specify that the lessor shall have the right to examine or copy the rated pro or freight bill at the time of settlement.

8.The lease shall specify that payment to the lessor shall be made within 15 days after submission of the necessary delivery documents concerning a trip in service of the lessee. The lease shall clearly specify all events, conditions, and requirements that are necessary before the lessor can receive payment, including a statement of the delivery documents and other paperwork that must be submitted. All placards and licenses belonging to lessee must be returned upon termination of lease.

9.In the event any common carrier or contract carrier by motor vehicle holding authority issued by the Department, who, by utilizing leased equipment fails to assume complete responsibility and control of operations conducted with leased equipment, such carrier will be considered to have violated the conditions of its certificate or permit and, after hearing, such certificate or permit may be suspended or revoked by the Department. For the purpose of this rule, the term "Responsibility and Control" shall mean that all job assignments to the lessor are only authorized when received by the lessee. No independent solicitation is authorized.

1.16.2Hazardous Materials

Whenever leased equipment is used to transport hazardous materials, the lessee shall be responsible for meeting all requirements of federal and state laws and regulations governing the transportation of such materials.

1.16.3Identifying Marks

No common carrier by motor vehicle or contract carrier by motor vehicle shall operate leased equipment on any roadways unless such equipment is identified as provided in R.I. Gen. Laws § 39-12-26.

1.16.4Rental to Private Caries or Shippers

Unless such service is specified in their operating authority, no common carrier by motor vehicle or contract carrier by motor vehicle, shall rent equipment with drivers to private carriers or shippers, and no such common carrier shall rent equipment without drivers to private carriers or shippers.

1.16.5Exceptions

The rules of this Section shall not apply to equipment without drivers leased by a common carrier or a contract carrier by motor vehicle from a person, partnership, or corporation whose principal business is the leasing of equipment without drivers for compensation.

1.16.6Exclusion of owner/Operator Method in the Transportation of Used Motor Vehicles

No common carrier or contract carrier shall transport or tow used motor vehicles with leased equipment where the driver of the equipment is the lessor or is an employee of the lessor.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.17 Safety Regulations

A.All common or contract carriers shall be subject to the rules and regulations adopted by the U.S. Department of Transportation governing:

1.the safety of motor carrier operations and equipment, and

2.the transportation of hazardous materials.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

815-RICR-50-05-1 § 1.18 Penalty

Under R.I. Gen. Laws §§ 39-12-35 and 39-12-36 any certificate or permit holder who shall violate any statute, rule, or regulation promulgated by the Division shall be subject to suspension, revocation, or a fine not to exceed $1,000 per violation.

History

• Periodic Refile — effective from 2022-01-04 to current
• Amendment — effective from 2018-07-02 to 01/04/2022
• Technical Revision — effective from 2005-03-15 to 07/02/2018
• Technical Revision — effective from 2005-03-15 to 03/15/2005
• Amendment — effective from 2003-07-20 to 03/15/2005
• Periodic Refile — effective from 2002-04-25 to 07/20/2003
• Periodic Refile — effective from 2001-12-19 to 04/25/2002

Subchapter 10 Motor Carriers of Passengers

815-RICR-50-10-2 Rules Governing Transportation of Passengers via Taxicabs and Limited Public Motor Vehicles

815-RICR-50-10-2 § 2.1 Definitions

A.Terms used herein shall be construed as follows unless another meaning is expressed or is clearly apparent from the language or content.

1."Administrator" means the Administrator of the Division of Public Utilities & Carriers or his duly appointed designee.

2."Business address" means the location where the certificate holder stores the taxicabs authorized under the certificate, at which all records concerning the taxicab business are kept and available for Division inspection and where the drivers report to obtain a vehicle for use as a cab.

3."Business day" means each and every day on which the Division of Public Utilities and Carriers is open for business. Business day does not include any day that is a Saturday, Sunday or legal holiday.

4."Cab" means taxicab or limited public motor vehicle.

5.Call and Demand" means the solicitation or acceptance of a fare occurring only within the location specified in the certificate; provided, that the vehicle’s driver may, if and when solicited on the public highway at any location at which he or she is discharging a passenger, which location is not shown in the certificate, provide transportation from the location only to a place named in the certificate. This definition shall not exclude a pre-arranged round trip requested by the passenger so long as all the following conditions are satisfied:

a.The round trip must begin in the certificate holder’s authorized territory;

b.The round trip must be completed within a 24-hour period;

c.When a passenger requests a round trip, the driver shall make a notation on his log sheet next to the record of that initial trip, indicating the passenger’s name and the time at which the driver is to return to retrieve the passenger for the pre-arranged return leg of the round trip;

d.The driver must give a passenger requesting a round trip a receipt, to be called a “round trip confirmation receipt”, at the completion of the first leg of the round trip that clearly contains the following information:

(1)the date, time and location of initial drop off,

(2) the cab number,

(3)the passenger’s name,

(4)the name and telephone number of the certificated cab company,

(5) the driver’s name, and

(6)the time the cab is scheduled to return to complete the round trip service. The driver must retain a copy of this receipt (See Appendix C "Round Trip Confirmation Receipt" § 2.18 of this Part.);

e.The driver may only retrieve the passenger for such prearranged round trip at the location at which the passenger was originally discharged;

f.In the event that the original driver in such a prearranged round trip is unavailable to retrieve the passenger as arranged, the certificate holder may dispatch a different driver/cab, but the subsequent driver/cab must carry, attached to the driver log, a copy of the “round trip confirmation receipt” described in §2.1(A)(5)(D) of this Partabove. Certificate holders are not mandated to provide round trip services to their customers/passengers. However, if a certificate holder and/or driver agrees to provide a round trip cab service, as evidenced by the issuance of a “round trip confirmation receipt,” that certificate holder shall be required to complete the round trip service, unless unable to complete the service for good cause.

6."Certificate" means a certificate of public convenience and necessity issued to a common carrier.

7."Common Carriers" means any person who holds himself, herself, or itself out to the general public as engaging in the transportation by motor vehicle of passengers for compensation in a taxicab or in a limited public motor vehicle.

8."Division" means the Division of Public Utilities and Carriers.

9."Driver" means any person operating a cab for the purpose of transporting passengers for hire.

10."Fleet Owner" means a certificate holder who owns and operates more than five taxicabs and/or limited public motor vehicles.

11."Hackney Operator's License" means a special license, commonly referred to as a “Blue Card,” issued by the Division, authorizing the holder thereof to operate a taxicab or limited public motor vehicle upon the highways of the State of Rhode Island and any subdivision thereof.

12."Limited Public Motor Vehicle" means and includes every motor vehicle for hire, other than a jitney as defined in R.I. Gen. Laws § 39-13-1 or a taxicab as defined in R.I. Gen. Laws § 39-14-1, equipped with a taximeter used for transporting members of the general public for compensation only from a designated location on private property to such points as may be directed by the passenger.

13."Motor Carriers Section" means the Motor Carriers Section, Division of Public Utilities and Carriers.

14."Out of Service" means and includes a vehicle ordered by the Division and/or State Inspection Facility not to be used as a taxicab. Additionally, the term refers to a taxicab that the certificate holder has removed from service to the public.

15."Paratransit Services" means flexible transportation services provided on a demand responsive and advance reservation basis, for any destination within the scope of a service program provided by a state, or municipal agency, the fee for which is determined pursuant to a contract between the service provider and the state or municipal agency. Paratransit includes single or group trips or trips made on a recurring basis such as for work, school, medical, nutrition, and sheltered workshops.

16."Person" means and includes any individual, firm, partnership, corporation, company, association, joint stock association or company and his, her or its lessee, trustee, receiver, assignee or personal representative, and, where the context requires, “driver,” as herein defined.

17."Personal use" means the use of a taxicab for any use not regulated pursuant to R.I. Gen. Laws Title 39.

18."Rate Card" means a card issued by the Division which is required to be posted in each vehicle that reflects authorized rates, vehicle information, authorized territory, the taximeter’s serial number, certificate information and a telephone number for complaints.

19."Suspension" means an order of the Division, after hearing, requiring that a taxicab or a number of taxicabs operated under a certificate, not be operated as taxicabs for a set period of time.

20."Taxicab" means and includes every motor vehicle for hire, other than a jitney as defined in R.I. Gen. Laws § 39-13-1, equipped with a taximeter, used for transporting members of the general public for compensation to any place within this state as may be directed by a passenger on a call-and-demand basis.

21."Taxicab Stand" means, for the purposes of these rules and regulations, any area designated by a sign posted by a local government or the owner of the property on which the sign is posted, as an area where taxicabs may wait for the purpose of accepting passengers.

22."Taximeter" means any instrument or device by which the charge for transportation in any taxicab or limited public motor vehicle is mechanically calculated and indicated by means of figures, either for distances traveled or for waiting time, or for both.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.2 Rate Card Requirements

RATE CARD: All cabs shall be issued a rate card, by the Division, which shall be assigned to specific vehicles and shall not be transferred (see Appendix A "Marking Specifications for Cabs" § 2.16 of this Part). At all times during operation of the cab, said rate card shall be displayed in a bracket or receptacle of a type approved by the Division so as to be visible to any passenger in the cab. The numbers on the rate card shall correspond to the registration number and meter serial number of the particular cab. A new rate card shall be issued each time a vehicle is replaced or a taximeter is replaced or recalibrated. The rate card issued under this paragraph satisfies the requirement for a certificate memorandum set out in R.I. Gen. Laws § 39-14-7.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.3 Manifests

A.Every driver of every cab shall maintain, in ink, on a form approved by the Division, a manifest of all trips made by the cab while under his or her control. The manifest shall contain the following:

1.the date, driver’s name, cab company and registration number;

2.time and mileage out at beginning of your duty;

3.time and mileage at the end of your duty;

4time and place of origin and time and place of destination of each trip;

5.number of passengers and fare charged for each trip;

6.detail of mileage for each trip as well as an explanation of mileage incurred which was not incurred as the result of a paying fare; and,

7.tire inflation as recorded pursuant to subchapter § 2.5(1) of this Part.

B.Fleet operations may, in lieu of a driver’s manifest, maintain the information contained in §§ 2.3(A)(1) through (7) of this Part within a master log, which shall remain at the fleet’s business address.

C.Each manifest or master log entry shall be made immediately following completion of the trip. All manifests and master logs shall be kept on file and available for inspection, by the Division, at the certificate holder’s business address for a period of one year. Certificate holders are responsible for instructing each driver and other employees regarding proper and complete entries on manifests and master logs.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.4 Rates and Charges

A.The Division shall determine common carrier rates and charges. A certificate holder must file all rate change requests with the Division. Only after Division approval thereon may actual rate changes go into effect.

B.Every cab shall display, on both sides of the cab, the rates and charges for transport services that have been approved by the Division. Said posting shall display the initial or “drop” charge, the charge for each succeeding increment of a mile, the waiting time per hour and three-mile rate. (See Appendix A "Marking Specifications for Cabs" § 2.16 of this Part)

C.Rates shall also be displayed on the cab’s rate card, inside the vehicle.

D.Gasoline Price Emergency Surcharge: When authorized by the Administrator under R.I. Gen. Laws § 39-14-2.2(e), taxicab certificate holders may also impose a gasoline price emergency surcharge. In order to collect a surcharge when authorized, the certificate holder must first obtain from the Motor Carriers Section, and post within the vehicle, a placard indicating that the surcharge is authorized for that vehicle for the specified time period.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.5 Taximeter Requirements

A.Every cab shall be equipped with a functioning taximeter subject to the following terms and conditions:

1.All taximeters used in accordance with the rules and regulations stated herein shall be inspected by the Motor Carriers Section for proper calibration and function.

2.Once inspected and approved by the Motor Carriers Section personnel, the Motor Carriers Section personnel will officially seal the taximeter. No passengers shall be transported without an officially inspected, approved, sealed, and operating taximeter. Any other seals installed by the certificate holder on the taximeter or on an appurtenance or cable thereto shall be of a type clearly distinguishable from State seals. They shall be pressed by the certificate holder in a distinctive manner and painted red.

3.A fare may only be charged to a customer that is based on the reading of a working taximeter. Flat rates or estimated charges may not be charged under any circumstances.

4.No type of taximeter shall be installed that is incapable of being sealed by the Motor Carriers Section.

5.Taximeters that may be reprogrammed or recalibrated without having first to remove the seal are prohibited.

6.No taximeter shall be installed in such a manner that prohibits the visual inspection of the meter and seal.

7.No adjusted, repaired, or recalibrated taximeter or appurtenance of a taximeter shall be installed in a cab unless such adjustment, repair, or recalibration has been officially inspected, approved and sealed by the Motor Carriers Section.

8.A taximeter shall be installed so that a person of normal vision from the rear seat can easily read the fare numerals. If the taximeter is “flag operated”, the flag, when in the upright (cleared) position, shall be visible to a person standing in front or to the side of the cab.

9.The serial number of the taximeter shall be the same as that shown on the rate card assigned to the cab, except where a temporary replacement meter is being used pursuant to these rules and regulation.

10.The Motor Carriers Section shall be notified within two (2) business days of any change of any taximeter.

11.Tire size shall be the same as that for which the taximeter is calibrated, as indicated by the rate card. Tire inflation shall be checked at the commencement of each shift by the driver of said taxi and recorded on the shift manifest. A tire that does not hold the specified pressure over a 24-hour period shall be replaced immediately.

12.Passengers shall not be carried until a cab’s taximeter has been tested for accuracy over a measured mile course by the Motor Carriers Section, or its authorized representatives whenever:

a.The vehicle’s transmission or differential is altered or replaced; or

b.A change is made in any other part of the cab that may affect the meter readings; or

c.The Motor Carriers Section considers it necessary.

13.A certificate holder shall notify the Motor Carriers Section within 24 hours of the time that any of the aforementioned changes are made.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.6 Defective Taximeter

A.When a taximeter is not operating correctly, passengers shall not be transported until the meter has been approved and resealed by the Motor Carriers Section or its authorized representatives.

B.If the certificate holder replaced the defective taximeter with an approved reserve taximeter (see § 2.6(C) of this Part), the reserve taximeter shall be recalibrated and resealed by the Motor Carriers Section or its authorized representative within thirty (30) days. The certificate holder shall also notify the Motor Carriers Section within two (2) business days when a reserve taximeter is put in service.

C.An approved reserve taximeter is one which has been inspected and sealed within a period of not over one year, and has pasted thereon an approval slip signed by the Motor Carriers Section, or its authorized representative.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.7 Rules Regarding the Conduct of Business

A.A change of business address shall be reported to the Division within two (2) business days. Each certificate holder shall maintain and must provide a business address to the Division. Post Office boxes are not sufficient to satisfy this requirement. Vehicles must be registered to the business address and must be in the name of the certificate holder.

B.A certificate holder shall not have a cab registration transferred to a new or replacement cab without first notifying the Division, submitting all necessary documents and papers and obtaining Division approval. No cab, regardless of age, may be placed into service until it has received Division approval following a visual inspection. Bills of sale presented to the Division for new and replacement vehicles must indicate thereon the manufacturer’s model name or number and year of manufacture.

C.An attempt by a certificate holder or applicant to conceal the identity of a principal in the business shall be grounds for the denial of an application seeking the issuance of a certificate, or revocation of an existing certificate.

D.All requests for change of corporate officers, stockholders or board of directors for corporations holding operating certificates are subject to Division approval.

E.Each cab shall have a roof light securely mounted to the vehicle roof which is capable of communicating the following messages:

1.“Taxi” or “Public” as applicable.

2.The Certificate Number (see Appendix B "Social Security Number Privacy Disclosure Statement" § 2.17 of his Part).

F.Receipts shall be issued upon request of the passenger.

G.Every certificate holder must institute a system of frequent and regular inspections in order to keep equipment in proper repair and sanitary at all times. Cabs to be placed in service shall not be more than four (4) years old. Once in service, no cab shall operate beyond an odometer reading of 200,000 miles or eight (8) years of age, whichever is sooner, provided, however, that in cases involving vehicles in extraordinary condition, the certificate holder may petition the Administrator for an exemption from these provisions.. In order to be granted an exemption, the petitioner must demonstrate, to the satisfaction of the Administrator, that the vehicle to be used as a cab would be as acceptable to the public as the newer cabs mandated under this rule; that the vehicle has few, if any, of the interior and exterior wear signs concomitant with vehicles of that older vintage; and that the vehicle appears and functions in relatively “original” condition.

H.Cabs shall be maintained in a business appearance acceptable to the public. This includes, but is not limited to, a clean interior and exterior and the absence of dents, rust, ripped or stained upholstery and broken or cracked glass. The Division will place out of service, any cab that is substandard in appearance. A cab that has been placed out of service may not be driven for any reason, including private use, unless express written permission is obtained from the Division.

I. Within five (5) business days of withdrawing a vehicle from use as a cab, the certificate holder shall paint out all distinctive insignia or trade, association, company or certificate holder’s name, assigned number, and remove the roof light prior to sale, unless the vehicle is to be sold for scrap. The Division will be notified within two (2) business days when a vehicle is withdrawn from use as a cab.

J.If a vehicle is out of service for thirty (30) calendar days or more, the vehicle registration must be canceled and the license plates must be returned to the Division of Motor Vehicles. The certificate holder may apply to the Division, within the thirty (30) days, for an exception to this rule. If an exception is granted it must be in writing and applies only to the specific taxi and the specific time period referenced in the writing.

K.No certificate holder will use any other business name than that listed on the certificate. Should a business name be changed, the certificate holder must first, if the business is not a corporation, register the name with the city or town in which the business is located. If a corporation, the business must first register the name with the Secretary of State’s Office. After registration, all new business names must be filed with the Division. The Division will review the filing to determine whether the name could cause confusion with any existing business. If the Division rejects the name the certificate holder will be notified within five (5) business days of the filing.

L.A certificate holder must respond to any Division request for documents or information within ten (10) business days of the request unless the Division grants a written extension.

M.Cabs may be operated only by the certificate holder, an employee of the certificate holder or a lessee approved pursuant to section J of these rules. The certificate holder will follow all laws concerning their employees including tax and insurance withholdings and workers compensation.

N.Cabs may only be used as such and may not be used as personal vehicles. If a certificate holder wishes to convert a taxicab to personal use he or she must withdraw the vehicle from use as a cab by following the procedures in Rule G-10. When not in use all cabs must be stored at the certificate holder’s business address on file with the Division. If a certificate holder wishes to store vehicles at an alternative address he or she must obtain written permission from the Division and provide the address at which the cabs will be stored.

O.When the Division suspends a certificate holder’s operating certificate, the cabs authorized under that certificate may not be driven for any purpose, unless authorized by the Division. The certificate holder must deliver the plates to the Division where they will be maintained during the period of suspension and returned upon completion of the suspension.

P.All vehicles operated as cabs must be purchased by the certificate holder for use in the business. The certificate holder cannot require that the driver purchase the cab and turn it over to the certificate holder. A certificate holder may not register a vehicle as a cab unless he or she has paid fair market value for the vehicle. The consideration paid cannot be an agreement with a driver to allow the driver or others to operate the cab in accordance with the certificate.

Q.The Division may, from time to time, at such times as it deems appropriate, offer training of various types to certificate holders and/or hackney operator’s licensees. The Division may require attendance at such training sessions in lieu of, or in addition to, other sanctions (such as fines or suspensions) imposed for violation(s) of these rules.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.8 Rules Regarding Drivers and the Operation of Cabs

A.No person shall operate a cab unless he or she first acquires a hackney operator’s license issued by the Division, under R.I. Gen Laws § 39-14-20(b).

B.A certificate holder shall not employ as a driver or lease a vehicle pursuant to section J to any person whose license is suspended or revoked. A certificate holder shall not allow anyone to transport passengers in a cab who does not possess a State Hackney Operators’ License from the Division pursuant to §§ 2.8(C) and (D) of this Part.

C.Each driver will place, in a Division approved receptacle and location, a State of Rhode Island Hackney Operator’s License. The Hackney Operator’s License will be issued by the Division and must be obtained before the driver may operate a cab.

D.No person will operate a cab without first having applied for and received approval from the Division. Individuals who request to operate a cab must supply to the Division the following information:

1.Name;

2.Date of Birth (applicant must be 21 years old, as required by R.I. Gen Laws § 31-10-5);

3.Residence;

4.Phone Number;

5.Driver’s License Number (including type and class);

6.Employer;

7.Copies of the applicants’ driving record obtained, within the previous thirty (30) days, from the Division of Motor Vehicles – Operator Control and record of all criminal convictions obtained from the Bureau of Criminal Identification of the Department of the Attorney General;

8.Social Security Number (Disclosure is voluntary, see Appendix B "Social Security Number Privacy Disclosure Statement" § 2.17 of his Part); and,

9.Resident Status.

E.The Division shall approve or disapprove all requests for authority to operate a cab as soon as practicable within ten (10) business days after receiving the aforementioned information. This time period may be extended for not more than thirty (30) days, for just cause, by the Division, with notice of the extension to the applicant. The Division’s review of the application will be to determine if operation of a cab by said individual could constitute a danger to the public. If approved, the applicant will receive a Hackney Operator’s License from the Division, which shall be carried at all times while operating a cab. If rejected, the applicant may request a full hearing before the Division by sending correspondence addressed to the Associate Administrator for Motor Carriers. At said hearing, the applicant will be given notice and an opportunity to be heard and has the right to be represented by counsel at his or her own expense.

F.The Hackney Operator’s License may be suspended or revoked by the Division upon a finding of violation of these rules, any provision of Title 39 of the Rhode Island General Laws, any order of the Division or any other action which constitutes a danger to the public, after the licensee is given notice and an opportunity to be heard.

G.No person shall drive or be in physical control of any cab, for the purpose of carrying passengers, for a period in excess of 12 hours in any 24-hour period, unless the driving time is broken by a period of eight full hours of rest. No certificate holder or his or her agent shall knowingly permit any cab to be driven in violation of this paragraph.

H.No cab shall be driven when it is so loaded or when there is in the front seat such number of persons as to obstruct the view of the driver to the front or sides, or to interfere with his control over the cab. No cab shall carry more adult passengers than the manufacturer’s designed capacity of the vehicle.

INothing shall be transported in any cab that will cause the interior of such cab to become soiled or offensive to passengers because of odor or appearance.

J.All cabs are required to have matching hubcaps or wheel covers on all four wheels.

K.Any individual who drives a cab, including the certificate holder, must report any criminal conviction or adjudicated traffic violation to the Division within five (5) business days of the conviction or adjudication. If the Division investigation reveals that the criminal conviction or adjudicated traffic violation is of such a nature that continued operation of a cab by said individual could constitute a danger to the public, the Division will conduct a hearing, after notice and allowing a full opportunity to be heard, to determine whether the individual’s Hackney Operator’s License should be revoked, suspended or otherwise limited. Failure to follow this rule will be sufficient grounds for revoking the certificate holder’s certificate or the driver’s operating permit.

L.Smoking by drivers or passengers shall not be allowed in a cab at any time.

M.Cab drivers shall not refuse a fare unless the driver fears for his or her personal safety. All passengers shall utilize safety restraints and provide and use child restraints when required by law. A cab driver must refuse a fare or terminate service if a passenger refuses to utilize safety restraints or to provide and use child restraints when required by law.

N.All cab drivers shall be dressed in a neat, clean and professional manner. Examples of clothing that may not be considered professional include sweat pants, collarless shirts with logos and cut-off jean shorts.

O.Solicitation and acceptance of a passenger must occur within the location named in the certificate; provided, that the vehicle’s driver may, if and when solicited on the public highway at any location at which he or she is discharging a passenger, which location is not shown in the certificate, provide transportation from the location only to a place named in the certificate. This rule shall not prohibit a pre-arranged round trip requested by the passenger so long as all the following conditions are satisfied:

1.The round trip must begin in the certificate holder’s authorized territory;

2.The round trip must be completed within a 24-hour period;

3.When a passenger requests a round trip, the driver shall make a notation on his log sheet next to the record of that initial trip, indicating the passenger’s name and the time at which the driver is to return to retrieve the passenger for the prearranged return leg of the round trip;

4.The driver must give a passenger requesting a round trip a receipt, to be called a “round trip confirmation receipt,” at the completion of the first leg of the round trip that clearly contains the following information:

a.the date, time and location of initial drop off,

b.the cab number,

c.the passenger’s name,

d.the name and telephone number of the certificated cab company,

e.the driver’s name, and

f.the time the cab is scheduled to return to complete the round trip service. The driver must retain a copy of this receipt;

5.The driver may only retrieve the passenger for such prearranged round trip at the location at which the passenger was originally discharged;

6.In the event that the original driver in such a pre-arranged round trip is unavailable to retrieve the passenger as arranged, the certificate holder may dispatch a different driver/cab, but the subsequent driver/cab must carry, attached to the driver log, a copy of the “round trip confirmation receipt” described in subparagraph § 2.7(N)(4) of this Part

Certificate holders are not mandated to provide round trip services to their customers/passengers. However, if a certificate holder and/or driver agrees to provide a round trip cab service, as evidenced by the issuance of a “round trip confirmation receipt,” that certificate holder shall be required to complete the round trip service, unless unable to complete the service for good cause.

P.No cab will have an after market tint affixed to the windows.

Q.An “On Duty” “Off Duty” card will be displayed in every taxicab to allow potential passengers to determine whether the taxicab is available for hire.

R.All cabs must be air-conditioned.

S.All cabs must have the following statement of Passengers’ Rights posted in an easily viewable position in the passenger compartment of the cab:

1.As a cab rider, you have the right to:

a.Direct the destination and route used;

b.A courteous driver, who is dressed in a neat, clean and professional manner;

c.A driver who knows the major highways, routes, and streets in Rhode Island, and obeys all traffic laws;

d.Air conditioning;

e.Smoke-free and incense-free air;

f.A clean passenger seat and trunk area;

2.For more information, or to file a complaint, contact the R.I. Division of Public Utilities and Carriers, 89 Jefferson Blvd., Warwick, RI 02888.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.9 Miscellaneous Rules

A.A certificate holder shall make arrangements for bringing to the attention of all drivers, employees and lessees these Rules and Regulations, R.I. Gen. Laws Title 39 and any orders and notices from the Division of which the certificate holder has been made aware by the Division. The certificate holder is responsible to assure that all employees and lessees follow all of the provisions and may be disciplined for the failure of his or her employees and/or lessees to do so. A copy of these Rules and Regulations shall be kept at the business address of record for the information of drivers and other employees.

B.Accidents resulting in loss of life or property damage exceeding one hundred thousand dollars ($100,000.00) must be reported to the Division within ten (10) business days from the date of the accident.

C.TAXICAB STAND:

1.No taxicab shall be placed upon or occupy any taxicab stand except for the purpose of being held forth for hire.

2.Taxicabs shall be placed on stands only from the rear (where applicable) and shall be moved forward and to the front of the stand immediately as space becomes available by the departure or movement of preceding taxicabs.

3.A passenger may select any taxicab at a taxi stand, regardless of that taxicab’s position in line; however, no driver may solicit a passenger at a taxi stand.

4.When a taxicab stand is occupied to its full capacity, no taxicab shall loiter or wait nearby for the purpose of occupying space on such stand.

5.The driver of every taxicab occupying a stand shall stay within close proximity to his vehicle at all times.

6.The Division’s rules on conduct at taxicab stands shall be enforced at every location designated as a taxicab stand, by a local government or by the owner of the property where the taxicab stand is located (if on private property), regardless of whether the entity establishing the taxicab stand can enforce its own ordinances, rules or regulation governing such stands.

D.No certificate holder shall utilize in any cab, or have at a dispatch center, any device to monitor or scan any radio frequency other than the frequency assigned to the certificate holder’s cabs or dispatch center by the Federal Communications Commission.

E.Cabs shall only be used for passenger transportation as authorized under an operating certificate. Therefore, cabs must charge only the tariff rate approved for that vehicle as registered through a properly functioning taximeter. Cabs, therefore, may not function as paratransit services, as defined in § 2.1(A)(15) of this Part. However, contract services, in which a cab transports a passenger at the request of another entity, such as a hospital, and the resulting fare is paid by such other entity, shall be allowed, so long as the taximeter is utilized during the trip to calculate the resulting fare, and so long as the passenger is picked up within the authorized service territory for that vehicle.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.10 Leasing

A.A certificate holder may lease a cab to another person only under the conditions found in these Rules and Regulations and R.I. Gen Laws § 39-14-9. The lease shall relate to the actual cab only (the vehicle itself) and shall in no way extend to the authority conferred through the certificate. Each lease relates to one specifically described cab and no other vehicle may be substituted for the described vehicle unless for periods of time required for normal maintenance and/or repair. Normal maintenance and repair means that the cab is substituted for no more than seven (7) days. For periods longer than seven (7) days the certificate holder must obtain express written permission from the Division. Each cab may be leased to only one individual for each twelve (12) hour period. The cab must be registered in the certificate holder’s name to be eligible for lease. Under the lease agreement, the certificate holder shall remain bound by all of these rules in the same manner as if the certificate holder was operating the cab(s) being leased himself or herself or by an employee.

B.Only those vehicles that have been operating as taxicabs approved by the Division actively and continuously for twelve (12) months may be the subject matter of a lease. The twelve (12) month period will be determined by the Division by the registration date of the vehicle on file with the Registry of Motor Vehicles. If a vehicle has not been operated actively and continuously as a Division approved taxicab for twelve (12) months it may only be used as a taxicab driven exclusively by the certificate holder and/or an employee of the certificate holder. For purposes of this rule, when a vehicle that is eligible to be leased to a driver is replaced by another vehicle, the replacement vehicle shall also be deemed eligible to be leased.

C.Parties to a lease must file with the Division a Leasing Disclosure Statement on a form which will be provided by the Division and which will indicate the names and addresses of the certificate holder and the lessees, the certificate number and license plate of the leased cab, date of execution the lease, the effective date and expiration date of the lease, the applicable term of the lease, including any and all charges, the responsibility for maintenance, the name of the insurance carrier providing statutory liability coverage, and the amount of any required security deposit. Any written documents concerning the lease must be attached to the Leasing Disclosure Statement and approved by the Division. No leasing arrangements are allowed other than those filed and approved by the Division.

D.In the event a security deposit is required under the terms of the lease approved by the Division, the certificate holder shall deposit same in an interest-bearing account in a bank or credit union within the State of Rhode Island and shall indicate on the Leasing Disclosure Statement the name and address of the bank or credit union in which such security has been deposited, and the applicable account number. Interest on such security deposit shall accrue to the benefit of the lessee furnishing the security.

E.All Leasing Disclosure Statements shall be filed with the Division and shall be signed by both the certificate holder and the lessee. No lease agreement shall become effective until approved by the Division. The Division shall approve or reject the proposed lease agreement in writing within ten (10) business days after the Leasing Disclosure Statement and all appurtenant papers have been filed. This time period may be extended for an additional thirty (30) days, at the discretion of the Division, with notice of the extension to the applicant. The Associate Administrator for the Motor Carriers Section or his or her designee will sign every lease that has been approved and return a copy to the certificate holder for its records.

F.If a lease is rejected, the Division will notify the certificate holder within ten (10) business days of the rejection and the reasons therefore. The Division will mail back to the certificate holder the original Leasing Disclosure Statement and all attachments stamped “denied” and signed by the Associate Administrator for the Motor Carriers Section or his or her designee.

G.Once an approved lease is on file with the Division for a particular vehicle, that vehicle cannot be sold, disposed of or transferred until such time as the approved lease terminates as of its own terms or the certificate holder submits to the Division a Lease Termination Statement, in a form provided by the Division, signed by both the lessor and the lessee. If the lessee refuses to sign or is unavailable to sign, the Lease Termination Statement shall be filed with the Division with the signature of the lessor and an explanation for the lack of signature by the lessee.

H.Once a vehicle is subject to an approved lease only the lessees may drive that vehicle. Neither the lessor nor lessees may make any arrangements to sublease the vehicle.

I.A copy of the approved lease must be kept in the cab at all times.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.11 Annual Reporting

A.All certificate holders shall file with the Division, on or before April 15 of each calendar year, an annual report, on forms furnished by the Division.

B.Along with the filing of annual reports as required, certificate holders will supply the following each year on or before April 15:

1.Certification from the Secretary of State’s Office on corporate status (if applicable);

2.Proof of financial responsibility; and,

3.Information on currently registered vehicles operating as cabs.

C.For purposes of revenue reporting to the Division, in accordance with R.I. Gen. Laws § 39-1-23, all revenues generated as a result of the authority conferred in the operating certificate shall be included as revenues for the certificate holder. This includes revenues for gross receipts earned by lessees.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.12 Complaints

A.Any person may file a complaint with the Division regarding a violation of these rules and regulations. Complaints should be in writing and signed by the complainant stating the complainant’s address and telephone number and either mailed or hand-delivered to the Division of Public Utilities and Carriers, 89 Jefferson Blvd., Warwick, Rhode Island 02888. Nothing in this rule should be construed to prevent the Division from instituting an investigation or proceeding based upon an oral complaint or upon information developed in any other manner.

B.If the Division determines that the complaint alleges facts that constitute a violation of these rules and regulations, the Division shall notify in writing the particular driver and/or certificate holder of the nature of the complaint. The driver and/or certificate holder must file an answer with the Division within ten (10) days following the date of notice of the complaint. Upon receiving such answer(s), the Division shall notify the complainant of the contents or nature of the answer(s) and shall take whatever action deemed appropriate to resolve the complaint.

C.If the Division determines that the facts as alleged in any complaint are clearly not in violation of these rules and regulations, the complainant shall be so notified and no further action will be taken.

D.However, when the Division finds that a satisfactory response is not made to the notification of a complaint, or when no response is made to a complainant, or when the facts clearly warrant, a hearing shall be conducted by the Division concerning the complaint. The Division shall send written notice to all parties in a manner consistent with § 2.13 of this Part .

E.Failure of the certificate holder and/or driver to appear before the Division for a scheduled hearing may result in a possible suspension or revocation of the certificate and/or the driver’s operating permit. Failure of the complainant to appear for a scheduled hearing may result in dismissal of the complaint.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.13 Notice

A.The Division shall give notice of the commencement of a scheduled hearing in any pending matter to all parties and to such other persons as the Division designates.

B.Notice shall be by first class mail or personal service unless otherwise specified by the Division. The Division shall give at least ten (10) calendar days written notice of the hearing unless the hearing officer determines that less notice is reasonable. Nothing, herein, however, shall limit the power of the Division to order notice by other means, including but not limited to notice by publication.

C.Unless notice to the contrary has been received by the Division, notices shall be sufficient if mailed or delivered to the following:

1.If the addressee is a holder of a certificate or hackney operator’s license, the address shown on the last application for the issuance or amendment thereof.

2.If the addressee has tariffs on file, to the address shown on any tariff in effect at the time of notice.

3.If an attorney has entered an appearance on behalf of the addressee, to the office of the attorney.

4.The latest change of address notice on file with the Division.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.14 Violations

The Division shall give notice of the commencement of a scheduled hearing in any pending matter to all parties and to such other persons as the Division designates. Any person or persons who shall violate any provision of these rules and regulations adopted in accordance with R.I. Gen. Laws § 39-14-2, and the Administrative Procedures Act, shall be subject to the penalties provided under R.I. Gen. Laws Title 39, which include certificate suspension or revocation, and/or criminal sanctions.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.15 Requirements for Filing of Rate Schedule Changes

A.Each company shall furnish supporting documentation and exhibits in the case of any proposed rate schedule changes and to furnish specific information and exhibits where an increase in rates is proposed under the applicable statutes. In connection with the latter, the regulations require each company to present its case-in-chief, to the extent feasible, in a standard format. The prescribed information is directed to items that the Division has found useful in prior proceedings; the format should facilitate analysis of the filing by marking a traceable trail from the book source data through the adjustments and summaries to the proposed revenue requirements.

B.These regulations are not intended to restrict in any way the right of any company to submit such additional exhibits and documentation or to argue such theories as it may choose in any proceeding.

C.The rules and regulations contained in this part shall be applicable only to proceedings involving the investigation of changes in rates constituting a rate increase in which the respondent’s overall revenue requirements are at issue.

D.Notice to the Division of proposed rate schedule changes by a common carrier pursuant to R.I. Gen. Laws § 39-14-2.2, shall be given by a filing with the Division pursuant to § 2.15(H) , unless a motion for an exemption from any requirements accompanies the filing.

E.In the event that any information, document or data required by this section is unavailable and/or its ascertainment or submission would be unduly burdensome or is not relevant in light of the schedule change that is the subject of the application, the applicant may file with the application a motion for an exemption from the requirement. The motion shall set forth in detail the reasons why the information, document or data cannot or should not be submitted. The granting of such a motion shall not exempt the applicant from supplying the information, document or data in response to a subsequent data request.

F.Pursuant to R.I. Gen. Laws § 39-14-2.2, Division-ordered suspension periods of up to five (5) months commence on the date the change in rates would otherwise take effect. In addition, the administrator shall have power by an order served upon the taxicab or limited public motor vehicle affected to further suspend the taking effect of the change or changes pending the decision thereon, but not for a longer period than three (3) months beyond the expiration of the first mentioned five (5) month period.

G.Within ten (10) days after filing for rate schedule changes, the applicant shall cause a notice of the filing, in a form to be approved by the Division, to be published in the newspaper of widest circulation within the applicant’s service territory.

H.The following materials shall be included in or shall accompany the filing:

1.Rate Schedules. Terms and Conditions. The current and proposed rate schedules and the terms and conditions under which the common carrier provides services and/or makes non-tariffed charges.

2.Complete Direct Case. An original and five (5) copies of the applicant’s complete direct case in support of the rates applied for. The direct case should include, at a minimum, the following items:

a.Detailed income statement and balance sheet for a test year period that constitutes a historic year of actual data for a period ending within nine (9) months of the filing date.

b.Proforma income statement for a rate year period which constitutes a twelve month period for which new rates are designed to recover the proposed cost of service. The proforma income statement shall be for a yearly period that commences no later than eight (8) months after the proposed effective date of the new rates.

c.A listing of the test year and rate year revenues by source.

d.Supporting schedules or workpapers to disclose the manner in which the proforma amounts were calculated. The adjustments shall be fully explained and the source of the data in support of the adjustments shall be presented, or disclosed, as appropriate.

3.Additional Documents. Annual Report to the Division for the last two years, if reports have not been previously filed with the Division.

I.The financial data shall be accompanied by a statement attesting to the accuracy of the financial data presented in the filings. The chief financial officer shall sign this attestation or a person duly authorized by such financial officer.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.16 Appendix A

A.Marking Specifications for Cabs

Inscription

Location

Minimum Size

Rate of fare (Decal permitted only if non-detachable

Front or Rear Quarter Panel of each side of cab. (Use flat, vertical surface only.)

Total area of rectangle Not less than 72 square inches.

Numbers – 2 ¾”

Capital Letters – 1”

Small Letters – ½”

Name, City and State. Must specifically list actual name on certificate as well as all names under which doing business.

Front or rear quarter doors Not more than 6” below window unless greater distance needed to reach a flat, reasonable vertical surface. Must be at least 4” from any other inscription. (Avoid placing name one an extreme curve; use flat, vertical surfaces only.)

2” high. Letters ¼” thick. Avoid overcrowding; use full width of door panel or two lines of lettering, if necessary

“TAXI” or“ PUBLIC” (as required)

Front of roof light

2 ¾” high letters, ½” thick.

Certificate number

Rear of roof light

2 ¾” high letters, ½” thick.

Ride sharing to a common destination; $1.00 fee for each additional passenger over two. Large luggage fee: $5.00 charge for each large item of luggage, defined as an item weighing more than 70 pounds or one that will not fit in taxicab’s closed trunk.

Inside/Outside of cab, Prominent posting

1” Capital letters

½” Small letters

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.17 Appendix B

A.SOCIAL SECURITY NUMBER PRIVACY DISCLOSURE STATEMENT

Providing your Social Security Number to the Division is not mandatory. You may legally refuse to comply with this request. Whether you agree to disclose your Social Security Number is entirely a voluntary decision.

The Division is charged with the responsibility of determining whether you are “fit” before it is able to grant you the authority being requested through the instant application. The basis of this requirement is contained in the following Sections of the R.I. Gen. Laws: §§ 39-1-1, 39-1-15, 39-1-38, 39-3-2, 39-12-4, 39-12-5, 39-12-7, 39-12-32, 39-13-2, 39-14- 2, 39-14-4.1, 39-14-12, 39-14-14, 39-14-20, 39-14.1-3 and 39-14.1-8.

The Division has requested that you provide it with your Social Security Number so that it may better evaluate your “fitness” with regard to the regulatory authority you seek. The “fitness” evaluation includes a criminal background and a legal residency investigation. The Division may also employ other means to conduct the fitness evaluation. Providing your Social Security Number to the Division will help expedite the evaluation process.

Your Social Security Number will also be used as a unique internal identifying number.

SOCIAL SECURITY NUMBERS WILL NOT BE OPEN FOR PUBLIC INSPECTION.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-2 § 2.18 Appendix C

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2005-07-05 to 01/04/2022
• Amendment — effective from 2005-07-05 to 07/05/2005
• Amendment — effective from 2002-07-22 to 07/05/2005
• Periodic Refile — effective from 2001-12-28 to 07/22/2002
• Periodic Refile — effective from 2001-12-19 to 07/22/2002

815-RICR-50-10-3 Rules and Regulations for Licensing Operators Transporting Passengers in Taxicabs, Limited Public Motor Vehicles and Public Motor Vehicles

815-RICR-50-10-3 § 3.1 Purpose

Hackney Operator’s License Required for All Drivers. No person shall transport passengers for hire in a taxicab, limited public motor vehicle (LPMV) or public motor vehicle (PMV) within the state without first applying for and being issued by the Division of Public Utilities and Carriers (the “Division”) a Rhode Island Taxi-LPMV-PMV Operator’s License, commonly referred to as a “blue card” or “hackney operator’s license.” Once issued, the Taxi-LPMV-PMV Operator’s License will allow the holder to operate all three types of vehicles for hire.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.2 Authority

A.The Division is responsible for licensing the operators (drivers) of all taxicabs, limited public motor vehicles and public motor vehicles transporting passengers for hire. State law provides that no person shall operate a taxicab or limited public motor vehicle upon the highways of this state until that person shall have first obtained a special license from the Division under such rules as the Division shall require. R.I. Gen. Laws § 39-14-20. Further, no person shall operate a public motor vehicle upon the highways of this state until that person shall have first obtained a special license from the Division under such rules as the Division shall require. R.I. Gen. Laws § 39-14.1-8.3.

BStatus As Common Carriers And Requirement To Regulate - State law provides that every person operating a motor vehicle engaged in operating as a taxicab, limited public motor vehicle or public motor vehicle, is declared a common carrier and subject as such to the jurisdiction of the Division. The Division is required to prescribe such rules and regulations as it deems proper to assure adequate, economical, safe, and efficient service. R.I. Gen. Laws §§ 39-14-2 and 39-14.1-2.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.3 Definitions

“Administrator” means the Administrator of the Division of Public Utilities and Carriers.

“Cab” means taxicab or limited public motor vehicle as defined in these rules and in R.I. Gen. Laws. §§ 39-14-1(4) and 39-14-1(7).2

“Certificate” means a certificate of operating authority issued to a taxicab, limited public motor vehicle or public motor vehicle company.

“Charter carrier” means a provider of transportation services to groups such as: lodges, bands, athletic teams, schools or other travel groups, assembled by someone other than the carrier who collectively contracts for the exclusive use of certain equipment for the duration of a particular trip or tour. Charter carrier services shall also include transportation services provided by employment agencies or employers to individuals in the context of providing transportation to and from their place of employment.

“Common carrier” as used in these rules means any person engaging in the business of providing transportation services for compensation to passengers through the use of a taxicab, limited public motor vehicle or public motor vehicle, as defined in these rules.

“Division” means the Division of Public Utilities and Carriers.

“Driver” or “operator” means, for the purpose of these rules and regulations, any person operating a motor vehicle used for the for-hire transportation of passengers which he or she owns or is operating with the express or implied consent of the owner.

“Jitney” means and includes any motor bus or other public service motor vehicle operated in whole or in part upon any street or highway in such manner as to afford a means of transportation similar to that provided by a street railway company, by indiscriminately receiving or discharging passengers; or running on a regular route or over any portion thereof; or between fixed termini.

“Limited public motor vehicle” means and includes every motor vehicle for hire, other than a jitney, a taxicab, or a public motor vehicle, as defined herein, equipped with a taximeter used for transporting members of the general public for compensation only from a designated location on private property to such points as may be directed by the passenger.

“Motor carrier” means a common carrier by motor vehicle.

“Person” means and includes any individual, firm, partnership, corporation, company, association, joint stock association, or other association of individuals, or company, and his, her or its lessee, trustee, receiver, assignee, or personal representative, and, where the context requires, “driver” or “operator” as defined herein.

“Public motor vehicle” means and includes every motor vehicle for hire, other than a jitney, a taxicab or a limited public motor vehicle, as defined herein, used for transporting members of the general public for compensation in unmarked vehicles at a predetermined or prearranged rate or fee to such points as may be directed by the passenger. Transportation services provided by charter carriers, as defined above, or by funeral homes in association with funeral services, and by ambulance companies shall be exempt from these rules and regulations.

“Taxicab” means and includes every motor vehicle for hire, other than a jitney, limited public motor vehicle, or public motor vehicle, equipped with a taximeter, used for transporting members of the general public for compensation to any place within this state as may be directed by a passenger on a call and demand basis, when the solicitation or acceptance of the passenger occurs within the location named in the certificate of operating authority for that taxicab; provided, that the vehicle’s driver may, if and when solicited on a public highway at any location at which he or she is discharging a passenger, which location is not shown in the certificate, provide transportation from the location only to a place named in the certificate.

“Taximeter” means any instrument or device by which the charge for transportation in any taxicab or limited public motor vehicle is mechanically calculated and indicated by means of figures, either for distances traveled or for waiting time, or for both.

“Unmarked vehicles” means motor vehicles that do not display the transportation company’s name, address or telephone number, or any advertisements or commercial information beyond that included by the vehicle’s manufacturer on the vehicle’s exterior surfaces.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.4 Applicant Eligibility

A.Any individual applying to the Division for a hackney operator’s license must first:

1.Be at least 21 years of age (as required by R.I. Gen Laws § 31-10-5).

2.Be a citizen of the United States of America or otherwise be legally permitted to work within the State of Rhode Island.

3.Possess either a valid chauffeur’s license or a valid Commercial Driver’s License (CDL) issued by the Division of Motor Vehicles (DMV), or an equivalent license issued by another State and acknowledged by the Rhode Island DMV.

4.Possess a working knowledge of the English language sufficient to understand highway traffic signs and signals and communicate with passengers. Certificate holders who employ drivers who do not speak English as a “first” language, must ensure that these drivers truly have a working knowledge of the English language and, if needed, have immediate access to bilingual dispatchers. Certificate holders must also ensure that these drivers are informed and well versed in the provisions and requirements of the Division’s relevant rules and regulations before they operate a taxicab, limited public motor vehicle or public motor vehicle;

5.Be familiar with the major highways, routes, streets and traffic laws of the State of Rhode Island; and

6. Be familiar with all Division rules and regulations regarding the transportation of passengers for hire in the applicable mode(s) of transportation the applicant will operate – taxicab, limited public motor vehicle and/or public motor vehicle.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.5 Division Licensing Procedure

A.Individuals who apply for a hackney operator’s license must supply to the Division the following information:

1.Name

2.Date of Birth

3.Address (residence and mailing, if applicable)

4.Telephone Number

5.Social Security Number (Disclosure is voluntary, see Appendix A)

6.Driver’s License Number (including type and class)

7. Employer (if applicable)

8.Original certified copies of the applicant’s driving record obtained from the Division of Motor Vehicles and record of all criminal convictions obtained from the Bureau of Criminal Identification (BCI) of the Department of the Attorney General. Said record checks must have been obtained by the applicant within thirty (30) days of the submission of the license application.

9.Proof that applicant is a citizen of the United States or otherwise legally permitted to work within the State of Rhode Island.

B.The Motor Carriers Section of the Division shall approve or disapprove all applications for a “hackney operator’s license” as soon as practicable within ten (10) business days after receiving the required documentation/information. This time period may be extended for not more than thirty (30) days, for just cause, by the Division, with notice of the extension to the applicant.

1.A Motor Carriers Section compliance inspector shall review the entire application presented (including driving record and BCI record). If approved, the applicant will receive a Hackney Operator’s License, which shall be carried at all times while operating a taxicab, LPMV or PMV. If approved, said license will be valid for one year only. Any license issued remains the property of the Division at all times and must be surrendered to the Division immediately upon request.

2.A Motor Carriers Section compliance inspector shall review the driving record and BCI record presented by the applicant and an individual’s application shall be denied by the inspector if the applicant has been:

a.Convicted or adjudicated of two (2) moving violations within a 12-month period during the last 36 months; or

b.Convicted or adjudicated of three (3) moving violations within the previous 36-month period; or

c.Convicted or adjudicated of three (3) non-moving violations (excluding parking tickets) within a 12-month period during the previous 36-month period; or

d.Involved in three (3) accidents within the previous 24-month period; or

e.Convicted or adjudicated of an alcohol-related offense within the previous five (5) years; or

f.Convicted of a traffic offense in District Court within the previous five (5) years; or

g.Convicted of a misdemeanor within the previous one (1) year or a series of misdemeanors within the previous five (5) years; or

h.Convicted of a felony within the previous ten (10) years.

3.Providing false or incomplete information on an application shall result in automatic denial of application.

4.If an application is denied by an inspector, the applicant may first request that the Associate Administrator of the Motor Carriers Section reconsider the application. The applicant shall write a letter to the Associate Administrator, in which the applicant requests reconsideration and offers a satisfactory explanation for the circumstances that warranted the initial denial. Upon reconsideration, the Associate Administrator may:

a.Issue a license without restrictions

b.Issue a license with probationary restrictions

c.Uphold the denial

5.If the Associate Administrator upholds the denial or proposes to issue a license with probationary restrictions, the applicant may request a full reconsideration hearing before a Division hearing officer by sending a letter addressed to the Administrator. At said hearing, the applicant shall be given notice and an opportunity to be heard and maintains the right to be represented by counsel at his/her own expense.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.6 Conduct of Taxicab Drivers

A.All drivers issued a hackney operator’s permit must conduct themselves in a courteous and professional manner at all times while on-duty.

B.All taxicab drivers issued a hackney operator’s license must conduct themselves in accordance with all rules and regulations promulgated by the Division regarding the regulated activities of transporting passengers. Said rules include the instant rules as well as Part 2 of this Subchapter "Rules and Regulations Governing the Transportation of Passengers Via Taxicabs and Limited Public Motor Vehicles (“taxicab rules”) – Specifically, the following provisions of § 2.8 of this Subchapter:

1.Each driver shall place, in a Division-approved receptacle and location, his/her Division-issued hackney license.

2.No person shall drive or be in physical control of any cab, for the purpose of carrying passengers, for a period in excess of 12 hours in any 24-hour period, unless the driving time is broken by a period of eight full hours of rest. No certificate holder or his or her agent shall knowingly permit any cab to be driven in violation of this paragraph.

3.No cab shall be driven when it is so loaded or when there is in the front seat such number of persons as to obstruct the view of the driver to the front or sides, or to interfere with his control over the cab. No cab shall carry more adult passengers than the manufacturer’s designed capacity of the vehicle.

4.Nothing shall be transported in any cab that will cause the interior of such cab to become soiled or offensive to passengers because of odor or appearance.

5.Any individual who drives a cab, including a certificate holder, must report any criminal conviction or adjudicated traffic violation to the Division within five (5) business days of the conviction or adjudication. If a Division investigation reveals that the criminal conviction or adjudicated traffic violation is of such a nature that continued operation of a taxicab by said individual could constitute a danger to the public, the Division will conduct a hearing, after notice and allowing a full opportunity to be heard, to determine whether the individual’s Hackney Operator’s License should be revoked, suspended or otherwise limited. Failure to follow this rule will be sufficient grounds for revoking the certificate holder’s certificate or the drier’s operating permit.

6.Smoking by drivers or passengers shall not be allowed in cabs at any time.

7. Cab drivers shall not refuse a fare unless the driver fears for his/her personal safety. All passengers shall utilize safety restraints and provide and use child restraints when required by law. A cab driver must refuse a fare or terminate service if a passenger refuses to utilize safety restraints or to provide and use child restraints when required by law.

8.All cab drivers shall be dressed in a neat, clean and professional manner. Examples of clothing which may not be considered professional include sweat pants, collarless shirts with logos and cutoff jean shorts.

9.Solicitation and acceptance of a passenger must occur within the location named in the certificate. The vehicle’s driver may, however, provide transportation from a location not shown in the certificate only if he or she is solicited on a roadway while discharging a passenger and may then only provide transportation to a territory named in the certificate. This section shall not prohibit a pre-requested round-trip as allowed and provided for in Part 2 of this Subchapter "Rules and Regulations Governing the Transportation of Passengers Via Taxicabs and Limited Public Motor Vehicles (“taxicab rules”).

10.An “On-Duty”/“Off-Duty” card shall be displayed in every taxicab to allow potential passengers to determine whether the taxicab is available for hire.

C.Disorderly Conduct: Drivers must act in a lawful and professional manner at all times while on duty and at all times while at a taxi stand or in the general proximity to others conducting business in the taxicab industry. Further, no driver while on duty shall engage in any behavior or activity that would constitute disorderly conduct as outlined in R.I. Gen. Laws Title 45, and specifically R.I. Gen. Laws § 11-45-1. Such conduct shall be punishable as set forth in § 3.10 of this Part and any driver engaging in such unlawful acts shall be brought to the attention of the appropriate law enforcement department.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.7 Maintaining Manifests

A.All cab drivers shall maintain a driver’s manifest during each shift. Such manifest (or log) must be recorded, in ink, on a form approved by the Division and must include all trips made by the cab while under the driver’s control. It must contain the following.

1.The date, driver’s name, cab company and registration number;

2.Time and mileage out at beginning of shift;

3.Time and mileage at the end of the shift;

4.Time and place of origin and time and place of destination of each trip;

5.Number of passengers and fare charged for trip;

6.The mileage for each paid trip, as well as explanation of mileage incurred which was not incurred as the result of a paying fare;

7. Tire inflation as recorded pursuant to Subsection § 2.5(A)(11) of this Subchapter.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.8 Rates and Charges

A.Every cab is required by state law and Division rule to have a calibrated, sealed and operational taximeter. Drivers may charge only the rate displayed on the taximeter – as well as any other approved tariff charge (i.e. extra passenger(s) beyond two, large luggage items or an officially authorized fuel surcharge).

B.Drivers are strictly prohibited by state law and Division rule from charging “flat rates” in which a passenger is charged a set price for a trip in which the taximeter is not utilized.

C.Drivers must furnish passengers with fare receipts upon request.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.9 Conduct of Public Motor Vehicle (PMV) Drivers

A.PMV drivers are prohibited from smoking in the for-hire vehicle. (Passengers, however, shall not be prohibited by these rules from smoking in the vehicle, although each PMV certificate holder may prohibit passengers from smoking in its vehicles if it sees fit.)

B.Drivers operating a PMV for hire shall furnish passengers with an appropriate receipt or bill of lading upon request.

C.PMV drivers must have a valid “Blue Card” in his/her possession when transporting passengers for hire. (The “Blue Card” is not required, however, to be conspicuously posted in the vehicle.)

D.All passengers shall utilize safety restraints and provide and use child restraints when required by law. A PMV driver must refuse a fare or terminate service if a passenger refuses to utilize safety restraints or to provide and use child restraints when required by law.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.10 Penalties for Violations

A.State law provides the following penalties for violations of these Rules and Regulations Governing Operators Transporting Passengers in Taxicabs, Limited Public Motor Vehicles and Public Motor Vehicles:

1.Criminal Penalties

a.Operation of Taxicabs and Limited Public Motor Vehicles. Any operator of a taxicab or limited public motor vehicle who violates any provision of these rules and regulations shall be fined not more than one hundred dollars ($100) or imprisoned not more than sixty (60) days or both, and his or her Taxi-LPMV-PMV Operator’s License may be revoked. The violation shall be a separate and distinct offense for each day during which it shall continue. R.I. Gen. Laws § 39-14-11(a).

b.Operation of Public Motor Vehicles. Any operator of a public motor vehicle subject to regulation by the Division who shall be guilty of any violation of these rules and regulations shall be deemed guilty of a misdemeanor and shall, upon conviction, be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment for a term not exceeding one year, or both, for each offense. R.I. Gen. Laws § 39-14.1-9(a).

2.Civil Penalties - The Administrator of the Division may, in his or her discretion, impose upon any operator of a taxicab, limited public motor vehicle, or public motor vehicle, who violates any provision of these rules and regulations an administrative civil penalty (fine) that shall not exceed one thousand dollars ($1,000) per each violation of a rule or regulation, and his or her Taxi-LPMV-PMV Operator’s License may be revoked. R.I. Gen. Laws §§ 39-14-11(b) and 39-14.1-9(b).3.

3.Schedule of Fines for Violations Admitted by the Driver. The Administrator has approved the following schedule of fines for the specific violations enumerated below that will be applied when the driver chooses not to contest the allegation that he or she violated these rules. (Violation of any rule not specifically enumerated below will result in an automatic hearing where the maximum penalty authorized by law may be imposed.) The Division’s Associate Administrator for Motor Carriers and his/her designees may issue a Notice of Probable Violation (“NOPV”) for the offenses enumerated below setting out the specific fine authorized for that offense. If the driver chooses to admit the violation, he may pay the fine by money order or personal check made out to Division of Public Utilities and Carriers in the amount indicated on the NOPV and delivered to the Clerk of the Motor Carrier Section either in person or by U.S. Mail within ten (10) calendar days of the date the NOPV was issued. (NOTE: Cash is not accepted for payment of fines. Inspectors are not authorized to accept payment for fines in the field. All payments must be made either in person at the Division or via U.S. Mail.) A driver may always choose to contest the violation charged by requesting a hearing rather than paying the fine amount on the citation. Failure to pay the NOPV fine within ten (10) calendar days of the date the NOPV is issued shall be treated as a request by the driver for a hearing. The Division’s Hearing Officer shall not be bound by this schedule of fines, but may instead recommend whatever fine he or she feels is appropriate based on the evidence taken at the hearing; the fine imposed at the hearing may be greater than, or less than, the amount set out in this schedule.

4.The fine(s) prescribed for the violations listed below shall be as follows to drivers of taxicabs and LPMVs:

a.First offense, twenty-five dollars ($25); second offense, fifty dollars ($50); third offense, mandatory fitness hearing for the following:

(1)Rate card not properly displayed

(2)Active hackney license not properly displayed

b.First offense, fifty dollars ($50); second offense, one hundred dollars ($100), third offense, mandatory fitness hearing for the following:

(1)Manifest (driver log) not in compliance

(2)Receipts not filled out properly

(3)Vehicle overloaded

(4)Smoking in vehicle (by either driver or passenger)

(5)Child restraint seat not utilized

(6)Driver not properly dressed

c.First offense, one hundred dollars ($100); second offense, two hundred dollars ($200), third offense, mandatory fitness hearing for the following:

(1)Disorderly conduct at a taxi stand and/or while on duty as a cab driver. iv. Any rules infraction or violation of applicable state law not outlined in subparagraphs §§ 2.10(3)(a)(b) and/or (c) of this part (above) shall result in a mandatory hearing before a Division hearing officer.

5. The fine(s) prescribed for the violations listed below shall be as follows to drivers of PMVs:

a.First offense, fifty dollars ($50); second offense, one hundred dollars ($100); third offense, mandatory fitness hearing for the following:

(1)Active “Blue Card” not in driver’s possession

(2)Failure to provide appropriate receipts

(3)Child restraint seat not utilized

(4)Smoking in vehicle (by driver)

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.11 Complaints

A.Any person may file a complaint with the Division regarding a violation of these rules and regulations. Complaints should be in writing and signed by the complainant stating the complainant’s address and telephone number and either mailed or hand-delivered to the Division of Public Utilities and Carriers, 89 Jefferson Blvd., Warwick, Rhode Island, 02888. Nothing in this rule should be construed to prevent the Division from instituting an investigation or proceeding based upon an oral complaint or upon information developed in any other manner.

B.If the Division determines that a complaint alleges facts which constitute a violation of Division rules and regulations, the Division shall notify in writing the particular driver of the nature of the complaint. An answer must be filed by the driver with the Division within ten (10) days following the date of the notice of the complaint. Upon receiving such answer(s), the Division shall notify the complainant of the contents or nature of the answer(s) and shall take whatever action deemed appropriate to resolve the complaint.

C.If the Division determines that the facts as alleged in any complaint are clearly not in violation of Division rules and regulations, the complainant shall be so notified and no further action will be taken.

D.However, when the Division finds that a satisfactory response is not made to the notification of the complaint, or when no response is made to a complainant, or when the facts clearly warrant, a hearing shall be conducted by the Division 11 concerning the complaint. The Division shall send written notice to all parties consistent with § 3.12 of this Part.

E.Failure of the driver to appear before the Division for a scheduled hearing may result in a suspension or revocation of the driver’s Hackney License. Failure of the complainant to appear for a scheduled hearing may result in dismissal of the complaint.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.12 Notice

A.The Division shall give notice of the commencement of a scheduled hearing in any pending matter to all parties and to such other persons as the Division designates.

B.Notice shall be by first class mail or personal service unless otherwise specified by the Division. The Division shall give at least ten (10) calendar days written notice of the hearing unless the hearing officer determines that less notice is reasonable. Nothing, herein, however, shall limit the power of the Division to order notice by other means, including but not limited to notice by publication.

C.Unless notice to the contrary has been received by the Division, notices shall be sufficient if mailed or delivered to the following:

1.If the addressee is a Hackney License holder, the address shown on the last application for the issuance thereof.

2.If an attorney has entered an appearance on behalf of the addressee, to the office of the attorney

3.The latest change of address notice on file with the Division

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-3 § 3.13 Appendix A - Social Security Number Privacy Disclosure Statement

A.Providing your Social Security Number to the Division is not mandatory. You may legally refuse to comply with this request. Whether you agree to disclose your Social Security Number is entirely a voluntary decision.

B.The Division is charged with the responsibility of determining whether you are “fit” before it is able to grant you the authority being requested through the instant application. The basis of this requirement is contained in the following R.I. Gen. Laws: §§ 39-1-1, 39-1-15, 39-1-38, 39-3-2, 39-12-4, 39-12-5, 39-12-7, 39-12-32, 39-13-2, 39-14-2, 39-14-4.1, 39-14-12, 39-14-14, 39-14-20, 39-14.1-3 and 39-14.1-8.

C.The Division has requested that you provide it with your Social Security Number so that it may better evaluate your “fitness” with regard to the regulatory authority you seek. The “fitness” evaluation includes a criminal background and a legal residency investigation. The Division may also employ other means to conduct the fitness evaluation. Providing your Social Security Number to the Division will help expedite the evaluation process.

D.Your Social Security Number will also be used as a unique internal identifying number.

E.SOCIAL SECURITY NUMBERS WILL NOT BE OPEN FOR PUBLIC INSPECTION.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2006-07-10 to 01/04/2022
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Technical Revision — effective from 2006-07-10 to 07/10/2006
• Adoption — effective from 2006-07-10 to 07/10/2006

815-RICR-50-10-4 Transportation of Passengers via Public Motor Vehicles

815-RICR-50-10-4 § 4.1 Authority and Purpose

A.In 2002, the Rhode Island General Assembly enacted a set of statutes contained in R.I. Gen. Laws Chapter 39-14.1, providing for the regulation of intrastate for-hire passenger transportation services provided in what the Assembly identified as “Public Motor Vehicles.” The clear intent of the General Assembly at that time was to create regulatory oversight over a “premium” passenger-transportation industry akin neither to taxicab/limited public motor vehicle service as regulated under R.I. Gen. Laws Chapter 39-14 nor to jitney service as regulated under R.I. Gen. Laws Chapter 39-13.

B.In 2012, R.I. Gen. Laws § 39-14.1-6 was amended to require that the Division of Public Utilities and Carriers (“Division”) establish a minimum allowable charge for transportation services provided by Public Motor Vehicles, as newly re-defined in R.I. Gen Laws § 39-14.1-1(7). Again, the clear intent of the General Assembly in passing that legislation in June 2012 was to require the Division to devise a minimum charge for Public Motor Vehicle services that would appropriately distinguish between the types of services rendered under R.I. Gen. Laws Chapter 39-14 and R.I. Gen. Laws Chapter 39-14.1.

C.These rules and regulations are designed to facilitate the implementation of the aforementioned intent and directive.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.2 Definitions

A.Terms used herein shall be construed as follows unless another meaning is expressed or is clearly apparent from the language or content.

1.“Administrator” means the Administrator of the Division of Public Utilities and Carriers or his duly appointed designee.

2.“Blue card” means a Hackney Operator’s License as defined in § 4.2(A)(14) of this Part.

3.“Booking party” means the individual or entity which contracts with the Public Motor Vehicle certificate holder for the purpose of soliciting the service of that certificate holder’s vehicle(s). That booking party shall designate where, when and for whom the service shall be provided.

4.“Business address” means the location where the certificate holder maintains all records concerning the transportation business, keeps those records available for Division inspection, and where the certificate holder accepts solicitations and prepares the contract for public motor vehicle services to be rendered.

5.“Business day” means each and every day on which the Division of Public Utilities and Carriers is open for business. Business day does not include any day which is a Saturday, Sunday or legal State or Federal holiday; certificate holders, as defined in § 4.2(A)(9) of this Part, may, of course, engage in operations on Saturdays, Sundays and legal State or Federal holidays as well as on business days as defined herein.

6.“Cab” means taxicab or limited public motor vehicle.

7.“Call and demand” means the spontaneous – as opposed to pre-arranged – solicitation or acceptance of a paying passenger for transportation service which may only be provided by taxicabs and limited public motor vehicles; public motor vehicles are not authorized to provide call-and-demand services. Call and Demand includes telephone, e-mail, other electronic solicitations for immediate transportation services, as well as street hails and other direct solicitations of drivers.

8.“Certificate” means a certificate of public convenience and necessity or a certificate of operating authority issued to a common carrier.

9.“Certificate holder” means the holder of a Certificate (as defined in § 4.2(A)(8) of this Part) issued by the Division of Public Utilities and Carriers.

10.“Common carrier” means any person or entity who holds himself, herself, or itself out to the general public as engaging in the transportation by motor vehicle of passengers for compensation in a taxicab, limited public motor vehicle, or a public motor vehicle.

11.“Division” means the Division of Public Utilities and Carriers.

12.“Driver” means any person operating a public motor vehicle for the purposes of transporting passengers for hire.

13.“Garage address” means the location where a certificate holder stores the public motor vehicles authorized under its operating certificate and where the drivers report to obtain a vehicle for use as a public motor vehicle, whether or not that location actually contains a building in which the vehicles are stored.

14.“Hackney operators license” means a special license, commonly referred to as a “Blue Card,” issued by the Division, authorizing the holder thereof to operate a taxicab, limited public motor vehicle or public motor vehicle upon the highways of the State of Rhode Island and any subdivision thereof, for the purpose of transporting passengers for hire.

15.“Into service” means, for the purposes of § 4.4(H) of this Part, when a vehicle is first registered with the Division to be utilized as a PMV by an active PMV certificate holder. Once registered “in service” as a PMV with the Division, said vehicle shall be considered compliant with the “in service” model year limitation of § 4.4(H) of this Part if it is subsequently purchased and re-registered by another PMV certificate holder. Provided, however, that such a vehicle shall not have already surpassed the odometer reading maximum(s) also as set forth hereinafter in § 4.4(H) of this Part at the time of re-registration.

16.“Limited public motor vehicle” means and includes every motor vehicle for hire, other than a jitney as defined in R.I. Gen Laws § 39-13-1, or a taxicab as defined in R.I. Gen. Laws § 39-14-1, or a public motor vehicle as defined by R.I. Gen Laws § 39-14.1-1, equipped with a taximeter, used for transporting members of the general public for compensation only from a designated location on private property to such points as may be directed by the passenger.

17.“Minimum allowable charge” means the absolute minimum charge a Public Motor Vehicle certificate holder or driver may require of a paying passenger for intrastate transportation services.

18.“Motor carriers section” means the Motor Carriers Section, Division of Public Utilities and Carriers.

19.“Passenger(s)” means the individual(s) transported for-hire intrastate in a Public Motor Vehicle. May be the same as the Booking Party.

20.“Person” means and includes any individual, firm, partnership, corporation, company, association, joint stock association or company and his, her or its lessee, trustee, receiver, assignee or personal representative, and, where the context requires, “driver”, as herein defined.

21.“Public motor vehicle” means and includes every motor vehicle for hire, other than a jitney, as defined in R.I. Gen. Laws § 39-13-1, or a taxicab or limited public motor vehicle, as defined in R.I. Gen. Laws § 39-14-1, used for transporting members of the general public for compensation in unmarked vehicles at a predetermined or prearranged charge to such points as may be directed by the passenger. Transportation services provided by charter carriers, as defined in R.I. Gen Laws Chapter 39-14.1, or by funeral homes in association with funeral services, and by ambulance companies, shall be exempt from these rules. Public motor vehicles must carry “Public” registration plates issued by the Division of Motor Vehicles (or the equivalent plate for out-of-state registrations). “Public motor vehicle” may be referred to as “PMV” in these rules.

22.“Suspension” means an order of the Division requiring that a public motor vehicle, or a number of public motor vehicles, operated under a certificate, not be operated for hire for a set period of time. Such an order normally will be issued only after a public hearing, but may be issued prior to a hearing when deemed to be in the interest of public safety, such as when there has been a lapse in insurance coverage.

23.“Taxicab” means and includes every motor vehicle for hire, other than a jitney as defined in R.I. Gen. Laws § 39-13-1, limited public motor vehicle as defined by § 39-14-1 and public motor vehicle as defined by § 39-14.1-1, equipped with a taximeter, used for transporting members of the general public for compensation to any place within this state as may be directed by a passenger on a call-and-demand basis.

24.“Taxicab stand” means, for the purposes of these rules and regulations, any area designated, by a sign posted by a local government or the owner of the property on which the sign is posted, as an area where taxicabs may wait for the purpose of accepting passengers.

25.“Taximeter” means any instrument or device by which the charge for transportation in any taxicab or limited public motor vehicle is automatically calculated and indicated by means of figures, either for distances traveled or for waiting time, or for both.

26.“Unmarked vehicles” means motor vehicles that do not display the transportation company's name, address, telephone number, or other identifying marks, or any advertisements, or commercial information, beyond that included by the vehicle's manufacturer, on the vehicle's exterior surfaces. For the purposes of this definition, “advertising” and “commercial information” mean any marking whatsoever that would serve to identify or distinguish a vehicle as belonging to one particular certificate holder over another. No such markings, be they painted or affixed, shall be allowed on the exterior of the vehicle or inside the vehicle where visible through its windows. However, when required by Federal law, USDOT numbers and/or the company name may be displayed on such a vehicle.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.3 Certificate Requirement

A.No person shall operate a public motor vehicle in any city or town in the state until the person (or corporation) shall have obtained a certificate from the Division certifying that the applicant is fit, willing, and able to provide the services as a public motor vehicle in the transportation of passengers. The certificate shall be issued only after written application for it (accompanied by the applicable fee) has been filed and after a public hearing has been conducted on the application to gauge whether the applicant is “fit, willing and able” to conduct such a transportation service.

B.Upon receipt of an application, the Division shall schedule the time and place for the hearing. Notice of the hearing shall be given by first class mail to the applicant and shall be published in a newspaper with statewide distribution and on the Division’s web site.

C.Upon the approval of the application, the certificate holder shall file with the Division a certificate of insurance issued by an insurance company authorized to transact business in this state, showing that the owner has a policy insuring the public motor vehicle company against liability for injury to persons and damage to property which may be caused by the operation of the public motor vehicle, this policy to provide for the indemnity in the sum of not less than one million five hundred thousand dollars ($1,500,000) for personal injury and indemnity of not less than one hundred thousand dollars ($100,000) for damage to property. Such a policy shall remain in effect at all times. Failure to maintain such required insurance coverage shall be grounds for immediate suspension of a certificate holder’s operating authority.

D.Each certificate shall be renewed before the close of business on December 31 of each calendar year in accordance with R.I. Gen Laws § 39-14.1-3. The renewal fee shall be one hundred dollars ($100.00) and shall be submitted with the requisite renewal packet. The renewal packet shall also include a listing of vehicles to be operated in the certificate holder’s fleet and shall also include the odometer reading of each such vehicle at the time the form is completed.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.4 Vehicles to be Operated as PMV

A.No vehicle may be utilized by a certificate holder to transport passengers for hire until such vehicle has been registered with the Division. Certificate holders shall inform the Division of all vehicles used in its passenger-transportation fleet by Make, Model, Year and Registration Plate Number, and shall include an odometer reading of the vehicle. The certificate holder shall inform the Division each time a vehicle is added to, replaced, or removed from its fleet. There shall be no fee associated with the filing of this information.

B.The Division of Motor Vehicles (DMV) shall have jurisdiction over the lighting, equipment, safety, and sanitary condition of all public motor vehicles and shall cause an inspection of such vehicles to be made before the vehicle may be registered. Vehicles owned by the certificate holder must be registered to the certificate holder’s business or garage address (see § 4.8 of this Part) and must be registered in the name of the certificate holder. Vehicles leased by the certificate holder shall be registered in accordance with Registry of Motor Vehicle rules, but still must carry Public (or equivalent out-of-state registration) license plates. A copy of any such lease shall be filed with the Division.

C.Every certificate holder must institute a system of frequent and regular inspections in order to keep vehicles in proper repair and sanitary at all times. Vehicles shall be in proper mechanical operating condition prior to being dispatched to pick up passenger(s). This includes safety features (brakes, tires, windshield wipers, lights. etc.), appearance features (body free of dents, dings, chipped paint, cracked windows and lights, etc.) and cleanliness/comfort features (unsoiled upholstery/carpet, odor-free passenger compartment, air conditioning, heating, interior lights, etc.).

D.Certificate holders shall keep written records of such inspections as outlined in preceding rule and maintain those records at its place of business in accordance with subsection § 4.8(E) of this Part. The certificate holder shall make those records available for inspection by Division personnel upon request.

E.No vehicle being operated as a public motor vehicle may be equipped with a taximeter or any similar device for the purpose of calculating charges for transportation services.

F.All vehicles being operated as a public motor vehicle shall be UNMARKED as defined in § 4.4(A) of this Part, provided, however, that markings required by the USDOT shall be allowed.

G.No vehicle may be utilized as a public motor vehicle if said vehicle has previously been registered at any time as a taxicab. No exemption provision shall apply.

H.With the exception of the waiver provisions set forth in § 4.4(H)(1) of this Part, no vehicle which is beyond four (4) model years old shall be allowed to be placed into service for the first time as a public motor vehicle. Provided, however, that “classic” and “antique” vehicles greater than 25 years old that meet all other state regulations and Division requirements, may, at the Division’s sole discretion, be placed into service. Once into service, however, a vehicle shall not be presented to the State Garage for an annual inspection with an odometer reading in excess of 300,000 miles, unless the certificate holder has obtained a written waiver of such rule as provided in subsection a) below. Moreover, vehicles over 10,000 Gross Vehicle Weight (such as trolleys, buses, large limousines, coaches …) shall not be presented to the State Garage for an annual inspection with an odometer reading in excess of 500,000 miles, unless the certificate holder has obtained a written waiver of such rule as provided in § 4.4(H)(1) of this Part.

1.WAIVERS: In cases involving vehicles in extraordinary condition, the certificate holder may petition the Administrator (or his/her designee) for a waiver or exemption of both the four-model-year requirement and the applicable mileage limitation as set forth in § 4.4(H) of this Part. In order to be granted such a waiver, the petitioner must demonstrate to the Administrator (or his/her designee) – at the sole discretion of the Administrator (or designee) – that said vehicle is suitable to be placed into service or remain in service (as applicable) as a public motor vehicle as intended in the establishment of R.I. Gen. Laws Chapter 39-14.1 and the promulgation of the instant rules. If such a waiver is granted, the Division shall issue a written waiver form to the petitioner to be presented to the State Garage as evidence that the vehicle in question may, indeed, be inspected and utilized in public motor vehicle service. Absent such a waiver document, the State Garage shall refuse to inspect a vehicle older than four (4) model years to be placed into service for the first time or a vehicle with an odometer reading beyond the applicable mileage limitation as set forth in § 4.4(H) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.5 Charges for Services

A.The Minimum Allowable Charge for public motor vehicle service shall be:

1.No less than forty dollars ($40.00), regardless of the length of the trip. That is, any time a passenger or booking agent requests to be picked up by any public motor vehicle, the charge assessed shall not be less than forty dollars ($40.00).

2.Any form of concession, rebate, coupon or other means of providing such service for less than the Minimum Allowable Charge outlined above is strictly prohibited. However, in accordance with R.I. Gen. Laws § 39-14.1-6, the Minimum Allowable Charge shall not apply to PMV service coordinated by or paid for by a State Department, Authority or Agency on behalf of clients of said State Department, Authority or Agency; provided, however, that the State Department, Authority or Agency requests the service no later than the day before the service is to be rendered.

3.Public Motor Vehicles are prohibited from charging a per-person rate for transportation services. Each passenger or booking party shall be allowed, within reason, to dictate the specific passengers entitled to the service, provided that the number of passengers does not exceed the maximum number of passengers for the vehicle being utilized for the service. (See § 4.9(H) of this Part)

a.Service provided for weddings, proms and other similar occasions shall be dictated by the booking party at a rate not less than the Minimum Allowable Charge outlined above. The booking party shall have the discretion, within reason, to dictate where each passenger may be picked up, transported and, eventually, discharged.

b.Tours and shuttle-type services arranged by a booking party for a group shall be allowed so long as the booking party dictates the service and, further, that the rate is not less than the Minimum Allowable Charge outlined above. Tours and shuttle-type services in which each passenger is charged separately by the certificate holder (akin to jitney services as defined in R.I. Gen. Laws Chapter 39-13) shall be prohibited, regardless of monetary amount charged.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.6 Solicitation / acceptance of Passengers for Hire

A.No Public Motor Vehicle operator shall transport any passenger for hire unless the transportation is requested by the passenger at an office of the certificate holder, either personally or by telephone and/or other electronic means (e.g. e-mail). Public Motor Vehicles shall be used only for transporting passengers at a predetermined or prearranged charge (in accordance with § 4.5 of this Part) to such points as may be directed by the passenger. Public Motor Vehicles shall not operate on a Call and Demand basis as defined in § 4.2(A)(7) of his Part. Specifically, PMVs may not, at any time:

1.Await or solicit passengers at a taxicab stand;

2.Respond to “street hails” or “walk-up requests” by potential passengers.

B.When solicited by a prospective customer, the certificate holder or its representative shall quote the actual charge for the requested service prior to such solicitation being accepted and prior to picking up the passenger(s). The certificate holder or its representative shall also inform the prospective client as to the year, make, model and color(s) of the vehicles which may be utilized to provide the requested service for which they are contracting.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.7 Service Documentation Requirements

A.PMV companies must maintain a written document or running log detailing the terms of the agreed-upon service rendered. Such document must contain, at a minimum, the following information required by Rhode Island General Law or by these rules. Such document may be kept individually by the driver or collectively by the company at its place of business. Either way, the document must contain:

1.Name of client;

2.Date and time of client’s request;

3.Date and time of service to be rendered;

4.Duration of services requested (e.g.: point-to-point trip, extended block of time)

5.Total charge;

6.Vehicle registration plate number

7.Driver’s name

B.A receipt shall be furnished to the passenger/booking party upon request, provided, however, that no certificate holder providing service to passengers on behalf of another certificate holder in a sub-contracted service shall be required to provide such a receipt. The booking party shall, however, retain the right to request such a receipt from the original certificate holder with which the booking party may have contracted for service.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.8 Rules Regarding the Conduct of Business

A.Each certificate holder shall maintain a “business address” that must be a street address at which mailings may be delivered and said address shall be furnished to the Division. Post Office Boxes are not sufficient to satisfy this requirement. The certificate holder shall also provide the Division with the “garage address” where the vehicle(s) used in the business are stored when not in service. The “business address” and “garage address” may be the same. A change of business address or garage address shall be reported to the Division within ten (10) business days.

B.An attempt by a certificate holder or applicant to conceal the identity of a principal in the business shall be grounds for the denial of an application seeking the issuance of a certificate, or for revocation of an existing certificate.

C.The Division shall be notified in advance of all proposed changes of corporate officers, stockholders or members of the board of directors for corporations holding operating certificates. The Division reserves the right to approve or deny such proposed changes.

D.No certificate holder may use any other business name than that listed on the certificate. Should a business name be changed, the certificate holder must first, if the business is not a corporation, register the name with the city or town in which the business is located. If a corporation, the business must first register the name with the Secretary of State’s Office. After registration, all new business names must be filed with the Division. The Division will review the filing to determine whether the name could cause confusion with any existing business. If the Division rejects the name, the certificate holder will be notified within ten (10) business days of the filing.

E.A certificate holder must retain required business documents at its business address for a minimum of 24 months after the end of the calendar year in which they were created. Such documents shall include, but not be limited to, vehicle inspection sheets pursuant to § 4.4 of this Part, written documents pursuant to § 4.7 of this Part, and driver Blue Card expiration logs pursuant to § 4.9 of this Part.

F.A certificate holder shall grant to Division personnel, upon request, access to its business offices, fleet vehicles, other equipment and business records, as provided for in R.I. Gen. Laws § 39-1-21.

G.A certificate holder must comply with any Division request for documents or information within ten (10) business days of the request, unless a written extension is granted by the Division. For the purpose of this rule, the word “comply” shall mean providing to the Division the documents requested or a sufficient reason why the documents are unavailable.

H.Smoking in a PMV shall be prohibited at all times.

I.Failure by any certificate holder to adhere to and comply with any of these rules and/or any applicable state statutes may be grounds for disciplinary sanctions, up to and including suspension or revocation of operating authority. Generally, such sanctions shall be sought and imposed only after a formal hearing on the issue, but the Division reserves the right (under § 4.2(A)(22) of this Part) to impose an immediate suspension of a certificate holders’ authority if such an action is deemed in the public interest; if such a discretionary action is taken, a formal hearing shall be scheduled as soon as possible to gauge the appropriateness of the immediate suspension and to determine if the suspension shall continue.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.9 Rules Regarding Drivers and the Operation of PMVs

A.No person shall transport passengers for hire in a PMV unless he or she first acquires a hackney operator’s license (“Blue Card”) issued by the Division as prescribed in state law and Division rules.

B.A certificate holder shall not employ as a driver any person whose driver’s license is suspended or revoked or who does not possess a valid hackney operator’s license (“blue card”). Certificate holders shall keep a business manifest or log to track the validity (expiration dates) of each of its driver’s Hackney Operator’s License.

C.Each driver shall have in his/her possession, a valid State of Rhode Island Hackney Operator’s License when transporting passengers for hire in a PMV. The license need not be displayed in the vehicle. However, the driver shall present said license and make it available for review by any passenger upon request.

D.No person may operate a PMV carrying passengers without first having applied for such a Hackney Operator’s License and received approval from the Division. In accordance with The Division’s Rules and Regulations for Licensing Operators Transporting Passengers in Taxicabs, Limited Public Motor Vehicles and Public Motor vehicles, individuals who request such a license to operate a PMV must supply to the Division the following information:

1.Name;

2.Date of Birth (applicant must be 21 years old, as required by R.I. Gen. Laws § 31-10-5);

3.Residence;

4.Phone Number;

5.Driver’s License Number (including type and class);

6.Employer;

7.Copies of the applicants’ driving record obtained, within the previous thirty (30) days, from the Division of Motor Vehicles – Operator Control and record of all criminal convictions obtained from the Bureau of Criminal Identification of the Department of the Attorney General;

8.Social Security Number (Disclosure is voluntary, see the Division’s Rules Governing Transportation of Passengers via Taxicabs and Limited Pubic Motor Vehicles- Appendix C); and,

9.Resident Status.

E.The Division shall approve or disapprove all requests for a Hackney Operator’s License as soon as practicable within ten (10) business days after receiving the aforementioned information. This time period may be extended for not more than thirty (30) days, for just cause, by the Division, with notice of the extension to the applicant. The Division’s review of the application will be to determine if operation of a PMV by said individual could constitute a danger to the public. If approved, the applicant will receive a Hackney Operator’s License from the Division, which shall be carried at all times while operating a PMV for hire. If rejected, the applicant may request a full hearing before the Division by sending correspondence addressed to the Associate Administrator for Motor Carriers. At said hearing, the applicant will be given notice and an opportunity to be heard and has the right to be represented by counsel at his or her own expense.

F.The Hackney Operator’s License may be suspended or revoked by the Division upon a finding of violation of these rules, any provision of R.I. Gen. Laws Title 39, any rule or order of the Division, or any other action which constitutes a danger to the public, after the licensee is given notice and an opportunity to be heard. Provided, however, that, in accordance with § 4.2(A)(22) of this Part, such a license may be suspended without need for a hearing if warranted for “public safety” concerns; in such an event, a hearing shall be scheduled as soon as possible to gauge the appropriateness of such an immediate suspension and to determine if the suspension shall continue.

G.All drivers shall abide by the Hours of Service restrictions established by the Federal Motor Carrier Safety Administration (FMCSA). PMV certificate holders shall familiarize themselves with the FMCSA hours-of-service restrictions, including any amendments that may be adopted and shall ensure that all drivers are familiar with those rules. No certificate holder or his or her agent shall knowingly permit any PMV to be driven in violation of this paragraph. Moreover, any PMV certificate holder who may employee drivers in another regulated transportation service (i.e.: taxicabs/limited public motor vehicles) shall not utilize drivers in a manner inconsistent with rules governing either industry relative to length of driver shifts. Both PMV certificate holders and drivers may be penalized for failure to abide by such hours-of-service restrictions.

H.No PMV shall be driven when it is so loaded or when there is in the front seat such number of persons as to obstruct the view of the driver to the front or sides, or to interfere with his control over the PMV. No PMV shall carry more passengers than the manufacturers designed capacity of the vehicle.

I.Any individual who drives a PMV, including the certificate holder, must report any criminal conviction or adjudicated traffic violation to the Division within five (5) business days of the conviction or adjudication. If the Division investigation reveals that the criminal conviction or adjudicated traffic violation is of such a nature that continued operation of a PMV by said individual could constitute a danger to the public, the Division shall conduct a hearing, after notice and allowing a full opportunity to be heard, to determine whether the individual’s Hackney Operator’s License should be revoked, suspended or otherwise limited. Failure to follow this rule, including any failure by the certificate holder to ensure that his/her driver’s comply with the rule, will be sufficient grounds for suspending or revoking the certificate holder’s certificate of operating authority and/or the driver’s hackney license (blue card).

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.10 Miscellaneous Rules

A.A certificate holder shall make arrangements for bringing to the attention of all drivers, employees and lessees these instant Rules and Regulations, the Division’s Rules for Licensing Operators Transporting Passengers in Taxicabs, Limited Public Motor Vehicles and Public Motor Vehicles, R.I. Gen. Laws Title 39 and any orders and notices from the Division of which the certificate holder has been made aware by the Division. The certificate holder is responsible to ensure that all employees follow all of the applicable rules, laws, orders and other provisions, and may be disciplined, up to and including certificate suspension or revocation, for the failure of his or her drivers, employees and/or lessees to do so. A copy of these Rules and Regulations shall be kept at the business address of record and be made available to drivers and other employees.

B.Accidents resulting in loss of life or property damage exceeding one hundred thousand dollars ($100,000.00) must be reported to the Division within ten (10) business days from the date of the accident.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.11 Complaints

A.Any person may file a complaint with the Division regarding a violation of these rules and regulations, and, moreover, the Division shall have the authority to conduct investigations sua sponte. Complaints should be in writing and signed by the complainant stating the complainant’s address and telephone number and either mailed or hand-delivered to the Division of Public Utilities and Carriers, 89 Jefferson Blvd., Warwick, Rhode Island 02888. Nothing in this rule should be construed to prevent the Division from instituting an investigation or proceeding based upon an oral complaint or upon information developed in any other manner.

B.If the Division determines that the complaint alleges facts which could constitute a violation of these rules and regulations, the Division shall notify in writing the particular driver and/or certificate holder of the nature of the complaint. A sufficient written answer must be filed by the driver and/or certificate holder with the Division within ten (10) calendar days following the date of notice of the complaint. Upon receiving such answer(s), the Division shall notify the complainant of the contents or nature of the answer(s) and shall take whatever action deemed appropriate to resolve the complaint.

C.If the Division determines that the facts as alleged in any complaint are clearly not in violation of these rules and regulations, the complainant shall be so notified and no further action will be taken.

D.However, when the Division finds that a satisfactory response is not made to the notification of a complaint, or when no response is made to a complaint, or when the facts clearly warrant, a hearing shall be conducted by the Division concerning the complaint. The Division shall send written notice of hearing to all parties in a manner consistent with § 4.12 of this Part.

E.Failure of the certificate holder and/or driver to appear before the Division for a scheduled hearing may result in a possible suspension or revocation of the certificate and/or the driver’s operating permit. Failure of the complainant to appear for a scheduled hearing may result in dismissal of the complaint, although the Division reserves the right to pursue the matter without the complainant if it determines such action to be in the public interest.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.12 Notice

A.The Division shall give notice of the commencement of a scheduled hearing in any pending matter to all parties and to such other persons as the Division designates.

B.Notice shall be by first-class mail or personal service unless otherwise specified by the Division. The Division shall give at least ten (10) calendar days’ written notice of the hearing unless the hearing officer determines that less notice is reasonable. Nothing herein, however, shall limit the power of the Division to order notice by other means, including but not limited to notice by publication.

C.Unless notice to the contrary has been received by the Division, notices shall be sufficient if mailed or delivered to the following:

1.If the addressee is a holder of certificate, the business address on file with the Division pursuant to § 4.8(A) of this Part.

2.If the addressee is a holder of Hackney Operator’s License (“Blue Card”), the home or mailing address listed on the most recent license application processed by the Division.

3.If an attorney has entered an appearance on behalf of the addressee, to the office of the attorney.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-4 § 4.13 Violations

A.Any person or persons who shall be found to have violated any provision of these rules and regulations adopted in accordance with R.I. Gen. Laws § 39-14.1-2, as amended, and the Administrative Procedures Act, shall be subject to the penalties provided under RI Gen. Laws § 39-14.1-9, which include certificate suspension or revocation, administrative civil fines, and/or criminal sanctions.

B.Any person or persons who shall be found to have committed an unjust, unreasonable or discriminatory act while conducting business under the authority conferred through a Division-issued certificate, may be ordered by the Division to make appropriate monetary restitution (refund) to the aggrieved party.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-11-11 to 01/04/2022
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Technical Revision — effective from 2013-11-11 to 11/11/2013
• Adoption — effective from 2013-11-11 to 11/11/2013

815-RICR-50-10-5 Rules and Regulations Governing the Transportation of Passengers via Transportation Network Companies

815-RICR-50-10-5 § 5.1 Authority

Consistent with a 2016 legislative mandate providing for the regulation of intrastate for-hire passenger transportation services provided by “Transportation Network Companies,” enacted through R.I. Gen. Laws Chapter 39-14.2, these rules and regulations are deemed by the Division to be necessary to assure adequate, safe and compliant service under this new Chapter of the Rhode Island General Laws. These rules and regulations further acknowledge that the Division is authorized to conduct investigations into complaints, conduct investigations initiated on its own, and to hold hearings and impose sanctions as it deems necessary to fulfill the proper administration of R.I. Gen. Laws Chapter 39-14.2.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.2 Definitions

A.Terms used herein shall be construed as follows unless another meaning is expressed or is clearly apparent from the language or content.

1.“Administrator” means the Administrator of the Division of Public Utilities & Carriers or his or her duly appointed designee.

2.“Digital Network” means any online-enabled technology application service, website or system offered or utilized by a transportation network company that enables the prearrangement of rider transportation with transportation network company drivers.

3.“Division” means the Division of Public Utilities and Carriers.

4.“Partner” or “Partnering” means the act of a TNC operator agreeing to the terms and conditions set forth by a TNC for access to the TNC's digital network for the purpose of being connected to potential TNC riders seeking TNC services.

5.“Person” means and includes any individual, partnership, corporation or other association of individuals.

6.“Personal Vehicle” means a vehicle that is used by a transportation network company driver and is:

(a) Designed to hold no more than seven (7) individuals, including the driver;

(b) Owned, leased or otherwise authorized for use by the individual; and

(c)Not a jitney, as defined in R.I. Gen. Laws § 39-13-1, a taxicab or limited public motor vehicle, as defined in R.I. Gen. Laws § 39-14-1, a public motor vehicle, as defined in R.I. Gen. Laws § 39-14.1-1, or a common carrier as defined in R.I. Gen. Laws Title 39.

7.“Transportation Network Company” or “TNC” means an entity licensed by the Division pursuant to R.I. Gen Laws Chapter 39-14.2 that uses a digital network to connect transportation network company riders to transportation network operators who provide prearranged rides. A transportation network company shall not be deemed to control, direct or manage the personal vehicles or transportation network company drivers that connect to its digital network, except where agreed to by written contract.

8.“Transportation Network Company Affiliation Placard” means a recognizable logo or decal issued by the TNC used to identify personal vehicles whenever such a vehicle is available to provide, or is providing, TNC services.

9.“Transportation Network Operator” or” TNC Operator” or “TNC Driver” means an individual who:

(a)Receives connections to potential riders and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and

(b)Uses a personal vehicle to offer or provide a prearranged ride to TNC riders upon connection through a digital network controlled by a transportation network company in exchange for compensation or payment of a fee.

10.“Transportation Network Company (TNC) Rider” or “Rider” means an individual or persons who uses a transportation network company's digital network to connect with a transportation network driver who provides prearranged rides to the rider in the driver's personal vehicle between points chosen by the rider.

11.“Transportation Network Company (TNC) Services” or “Prearranged Ride” means the provision of transportation by a TNC driver to a TNC rider beginning when a TNC driver accepts a TNC rider's request for a ride made only through a digital network controlled by a transportation network company (TNC), continuing while the TNC driver transports the requesting TNC rider(s) and ending when the last requesting TNC rider(s) departs from the personal vehicle. TNC services and prearranged rides do not include transportation provided using a jitney, as defined in R.I. Gen. Laws § 39-13-1, a taxicab or limited public motor vehicle, as defined in R.I. Gen. Laws § 39-14-1, a public motor vehicle, as defined in R.I. Gen. Laws § 39-14.1-1, a common carrier as defined in R.I. Gen. Laws Title 39, or a regional transportation provider. TNC services and prearranged rides do not include a shared expense carpool or vanpool arrangement or service.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.3 TNC Driver Requirements

A.A TNC driver is not required to register the vehicle such driver uses for prearranged rides as a commercial or for-hire vehicle.

B.TNC drivers may utilize a personal vehicle to provide licensed TNC services, provided:

1.The vehicle is owned by, leased to or otherwise authorized by the legal owner/lessee to be used by a TNC driver to provide TNC services; and

2.The vehicle is no older than fifteen (15) model years old and is designed to hold no more than seven (7) individuals, including the driver; and

3.The vehicle meets the vehicle safety inspection requirements for a private motor vehicle in Rhode Island or the state in which the vehicle is registered performed by a facility licensed by the state to conduct such inspections, and shall display an according inspection sticker on the vehicle's windshield if required to do so by applicable law; and

4.The vehicle shall have met or surpassed sanitary/acceptability standards established by the TNC with which the TNC driver has partnered; and

5.It shall be prohibited for a TNC driver to connect to a TNC's digital network for the purpose of accepting solicitations and providing TNC services in a personal vehicle other than a personal vehicle that the TNC driver has registered with the TNC pursuant to R.I. Gen. Laws § 39-14.2-11.

C.A TNC driver must display the Transportation Network Company’s placard on the TNC’s driver’s personal vehicle at all times when connected to a TNC’s digital network and when transporting a TNC rider.

D.A TNC driver may be affiliated with or may "partner" with more than one properly permitted transportation network company to provide TNC services.

E.TNC drivers shall be prohibited from providing prearranged rides for more than 12 hours in a 24-hour period. Following an 8-hour period during which the TNC driver does not provide prearranged rides, the 12-hour period will reset.

F.No individual shall provide TNC services or transport TNC riders in a personal vehicle until the individual shall have first submitted to required background checks conducted through the TNC.

G.TNC drivers shall be strictly prohibited from soliciting or accepting so-called “street hails” or “walk-up requests” by potential passengers or from parking at or waiting for passengers at taxicab stands.

H.TNC drivers are prohibited from smoking in their vehicles when transporting TNC riders. The TNC driver may allow or prohibit passengers from smoking in their vehicle.

I.At all times during their use of a vehicle in connection with a TNC’s digital network, a TNC driver shall carry physical or electronic proof of insurance coverage that satisfies the financial responsibility provisions of R.I. Gen. Laws § 39-14.2-14. In the event of an accident, when logged on to the TNC’s digital network or providing a pre-arranged ride, TNC drivers shall be required to provide this proof of insurance coverage to all interested parties, automobile insurers and investigating police officers, upon request pursuant to R.I. Gen. Laws § 31-47-2(15).

J.A TNC driver shall not operate his/her vehicle when it is so loaded or when there is in the front seat such number of persons as to obstruct the view of the driver to the front or sides, or to interfere with his/her control over the vehicle. No TNC driver shall carry more passengers than the Manufacturer’s designed capacity of the vehicle.

K.A TNC driver must report any criminal conviction or adjudicated traffic violation to the TNC(s) and the Division within five (5) business days of the conviction or adjudication. If the Division investigation reveals that the criminal conviction or adjudicated traffic violation is of such a nature that continued driving for a TNC by said TNC driver could constitute a danger to the public, the Division may impose an immediate suspension on the TNC driver’s authority to drive for all TNCs doing business in Rhode Island; if such a discretionary action is taken, a formal hearing shall be scheduled as soon as possible to gauge the appropriateness of the immediate suspension and to determine if the suspension shall continue.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.4 Transportation Network Company Requirements for TNC Driver Background Checks

A.Prior to permitting an individual to accept trip requests through its digital network, a TNC shall:

1.Require the individual to submit an application to the TNC that includes the individual’s name, address, age, driver’s license number, photocopy or electronic copy of the driver’s license, motor vehicle registration for the personal vehicle that the individual intends to use to provide prearranged rides, automobile liability insurance policy (with effective dates), and other information as may be required by the TNC.

2.Conduct, or have a third party accredited by the National Association of Professional Background Screeners (NAPBS) conduct a local and national criminal background check for each applicant that shall include:

a.multi-state/multi-jurisdictional criminal records locator or other similar commercial nationwide database with validation (primary source search); and

b.Dru Sjodin National Sex Offender Public Website; and

3. Obtain and review, or have a third party obtain and review, a driving history research report for such driving applicant.

B.The TNC shall certify to the Division that the background checks verify that the applicant meets the following criteria:

1. Has not had more than three (3) moving violations in the prior three (3) year period, or one of the following major violations in the prior three (3) year period:

a.attempting to evade the police;

b.reckless driving or driving on a suspended license; or

c.revoked license;

2.Has not, in the past seven (7) years, been convicted of or pleaded nolo contendere to any of the following:

a.driving under the influence of drugs or alcohol;

b.felony fraud;

c.sexual offenses;

d.use of a motor vehicle to commit a felony;

e.felony crimes involving property damage, and/or theft; or

f.acts of violence or felony acts of terror.

3.Is not a match in the Dru Sjodin National Sex Offender Public Website;

4Possesses a valid driver's license;

5.Possesses proof of registration for the motor vehicle to be used to provide prearranged rides or TNC services;

6.Possesses proof of automobile liability insurance, which satisfies the financial responsibility requirement for a motor vehicle under R.I. Gen. Laws § 31-47-2(13)(i)(A), for the motor vehicle(s) to be used to provide prearranged rides or TNC services; and

7.Is at least nineteen (19) years of age.

C.The TNC shall certify to the Division that the applicant has satisfied the aforementioned background check criteria by providing the Division with an electronically-delivered weekly “drivers list” that verifies compliance and which provides the following details on each certified driver:

1.the driver’s full name,

2.the plate number (and state) that will be displayed on the vehicle the driver plans to use to provide TNC services,

3.the driver’s license number (and state), and

4.the date on which the driver is authorized to begin providing TNC services. Such records shall be treated by the Division as confidential and shall not be treated as public records.

D.The TNC shall conduct an annual background check on its TNC drivers and shall recertify to the Division on an annual basis that a TNC driver continues to satisfy all prescribed background check requirements.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.5 Transportation Network Company Operating Requirements

A.No person shall operate a TNC in the state until that person shall have applied for and obtained a permit from the Division. Such permits shall be renewed annually before the close of business on December 31. Permits shall not be transferred without the consent of the Division.

B.No application for a permit may be granted or renewed unless each applicant for a permit has paid the appropriate application or renewal fee (fee schedule contained in R.I. Gen. Laws § 39-14.2-5(c)) and the Division determines that each applicant has satisfied the following requirements:

1.That the applicant has verified that it has a sufficient oversight process in place to ensure that every vehicle providing TNC services through its digital network possesses adequate insurance coverage;

2.That the applicant has established vehicle sanitary and acceptability standards for its TNC drivers, which ensures compliance with the vehicle age and safety requirements contained in R.I. Gen. Laws Chapter 39-14.2 and, which also ensures that TNC riders will be transported in clean vehicles. Such standards shall be submitted, in writing, with all applications for TNC permits and be subject to Division approval;

3.That the applicant has submitted to the Division information on the internal or third party background check entity and its data collection process to ensure compliance with the requirements of R.I. Gen. Laws §§ 39-14.2-7(b) and (c). This information shall consist of the following:

a.The identity of the internal or third party background check entity (name, address and telephone number) and verification of accreditation by the National Association of Professional Background Screeners (NAPBS);

b.Details on the methodology to be used in conducting the required background checks, including the time required to conduct such background checks;

c.Details on the information required to be provided by the prospective TNC driver in order to begin the background check process and a description on how the internal or third party background check entity verifies the accuracy of the information provided by the prospective TNC driver; and

4.That the applicant has verified that it has sufficient oversight processes in place to ensure that each TNC driver using the applicant’s network:

a.Has submitted to a background check conducted by the applicant that includes a review of local and national criminal records, sex offender records and driving records associated with each driver;

b.Has submitted an application that contains the TNC driver’s name, address, age, driver’s license number, and a photocopy or electronic copy of the driver’s license, motor vehicle registration and automobile insurance policy.

C.Each TNC shall maintain a “business address” that must be a street address at which mailings may be delivered and said address shall be furnished to the Division. Post Office Boxes are not sufficient to satisfy this requirement. A change of business address shall be reported to the Division within ten (10) business days.

D.The TNC’s digital network shall display to passengers requesting TNC services a picture of the TNC driver and the license plate number of the vehicle to be used to provide the requested services before the passenger enters the TNC driver’s vehicle.

E.All TNCs must issue a transportation network affiliation placard to their TNC drivers and require their TNC drivers to display the TNC’s transportation network affiliation placard in a conspicuous place on the TNC driver’s personal vehicle at all times when connected to the TNC’s digital network. Each TNC shall provide the Division with one of its placards for informational purposes and shall provide updated placards in the event that a TNC redesigns its placard. Placards between TNCs must be sufficiently different to allow TNC riders and the Division to be able to distinguish between the various TNCs operating in Rhode Island.

F.A TNC shall be prohibited from disclosing a TNC rider’s personal identifiable information to a third party, except under the following conditions:

1.Disclosure is pursuant to the publically disclosed terms of the TNC’s privacy policy or another consent mechanism to which the rider consents;

2.Disclosure is required by a legal obligation; or

3.Disclosure is required to protect or defend the terms of use of the service or to investigate violations of those terms. In addition to the foregoing, a TNC shall be permitted to share a rider’s name and/or telephone number with the TNC operator providing prearranged rides or TNC services to such passenger in order to facilitate correct identification of the rider by the TNC operator or to facilitate communications between those two parties.

G.Every TNC shall adopt a policy of non-discrimination based on the rider’s race, color, national origin, religious belief or affiliation, gender, physical disability, age, sexual orientation/identity, gender identity, or the pick-up location or drop-off location requested by the rider. TNCs and TNC drivers shall not impose any additional charge(s) for providing such non-discriminatory services.

H.Every TNC shall implement a zero tolerance alcohol and drug policy regarding a TNC driver’s activities while accessing the TNC’s digital network. The zero tolerance policy shall address the use of drugs or alcohol while a TNC driver is providing prearranged rides or is logged into the TNC’s digital network but not providing prearranged rides. The TNC shall provide notice of this policy on its website or mobile application, as well as the procedures to report a complaint about a TNC driver with whom a rider was matched and whom the rider reasonably suspects was under the influence of drugs or alcohol during the course of a recently completed prearranged trip.

1.Upon receipt of such a rider complaint alleging a violation of the zero tolerance policy, the TNC shall suspend such TNC operator's access to the digital network as soon as possible and shall conduct an investigation into the reported incident. The suspension of access shall last until the investigation is complete. The TNC shall maintain records relevant to the enforcement of this requirement for a period of at least two (2) years from the date that a rider complaint is received by the TNC. The TNC shall also provide the Division with a copy of the complaint and a report on the TNC’s investigatory findings and action taken thereon immediately after the investigation is completed.

I.Before a TNC driver is allowed to accept a request for prearranged rides on the TNC’s digital network, the TNC shall disclose in writing to its TNC driver the insurance coverage limits detailed in R.I. Gen. Laws § 39-14.2-15.

J.A TNC shall maintain individual trip records that detail the date, time, pick-up location, drop-off location, distance traveled, length of time of the trip and total fare charged for every TNC service it coordinates in the state. Such records shall be maintained for a minimum of two (2) years from December 31 of the calendar year in which the services were rendered.

K.A TNC shall maintain detailed TNC driver records that include the dates and times the driver "logs into" and "logs out of' "the TNC's digital network, the number of TNC service trips the driver performs through the TNC's digital network, and the total miles driven and fares collected. Additionally, the TNC shall maintain records of all passenger complaints lodged against each TNC driver and the results of any investigation or actions taken as a result of such complaints. Such records shall be maintained for a minimum of two (2) years from December 31 of the calendar year in which the services were rendered.

L.No TNC permit holder may use any other business name than that listed on the permit. Should a business name be changed, the permit holder must first, if the business is not a corporation, register the name with the city or town in which the business is located. If a corporation, the business must first register the name with the Secretary of State’s Office. After registration, all new business names must be filed with the Division. The Division will review the filing to determine whether the name could cause confusion with any existing business. If the Division rejects the name, the permit holder will be notified within ten (10) business days of the filing.

M.No TNC shall permit a TNC driver to provide prearranged TNC services for more than 12 hours in a 24-hour period unless the driving time is broken by a period of eight full hours of rest. Before allowing a TNC driver to connect to its digital network, a TNC must inquire whether the driver requesting access to the TNC’s digital network has driven for another TNC during the last 24 hours and whether the driver has exceeded or will be exceeding his/her maximum allowable hours of TNC service operations.

N.TNCs shall make arrangements for bringing these rules and regulations to the attention of all their drivers and employees.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.6 Transportation Network Company Rate, Charging and Receipt Operating Requirements

A.A TNC may charge a fare for the transportation services provided to the passengers; provided that, if the fare is charged, the TNC shall disclose to the riders the fare or fare calculation method on its website or within the digital network.

B.The TNC shall provide the potential rider with the option to receive a reasonably accurate estimate of the expected total fare before the passenger enters the TNC driver’s personal vehicle.

C.Fares for TNC services shall not be paid in cash. Any payment for TNC services shall be made only electronically using the TNC’s digital network or other application.

D.Within a reasonable period of time following the completion of a TNC service trip, a TNC shall transmit an electronic receipt to the rider that provides the following information:

1.The origin and destination of the trip;

2.The total time and distance of the trip; and

3.An itemization of the total fare paid, including any additional surcharges;

E. All TNC’s shall establish and implement a written policy capping dynamic pricing during disasters and relevant states of emergency and make this policy available on its website and in its web-application. The policy shall also be filed with the Division at the time the TNC applies for its initial TNC Permit, and re-filled with the Division upon any change/amendment to the policy.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.7 Transportation Network Company Financial Responsibility Requirements

A.All TNCs and TNC drivers shall fully comply with the financial responsibility requirements contained in R.I. Gen. Laws §§ 39-14.2-14 and 39-14.2-15. Consistent therewith, TNCs shall provide the Division with a “Certificate of Insurance” as well as a copy of the applicable insurance policy to ensure that each TNC is operating in full compliance with the requirements contained in R.I. Gen. Laws § 39-14.2-14. TNC shall also require their insurance providers to notify the Division in the event the prescribed insurance protections lapse.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.8. Division Audit Powers

A.The Division shall have the authority, on an annual basis, to visually inspect a sample of records that the TNC is required to maintain. The sample shall be chosen randomly by the Division in a manner agreeable to both the Division and the TNC. The TNC shall transmit the requested records to the Division within 14 business days of request, via a secure delivery method, which may include use of encryption security.

B.In response to a complaint against a TNC driver, or upon reasonable suspicion that a violation of R.I. Gen. Laws Chapter 39-14.2 has occurred, the Division is authorized to inspect records held by the TNC that are necessary to complete its investigation.

CAny records inspected by the Division shall be held confidential and are not subject to disclosure to a third party without the prior written consent of the TNC. Such records shall also be exempt from disclosure under the Rhode Island Access to Records Act (R.I. Gen. Laws Chapter 38-2).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.9. Penalties

A.The Division is authorized to fine a TNC or TNC driver for any violation(s) of these rules and regulations or violation of the provisions of R.I. Gen. Laws Chapter 39-14.2, provided that the Division first schedules a formal hearing to gauge the appropriateness of a fine, and provides a TNC or TNC Driver the opportunity to be heard.

B.The Division is authorized to suspend or revoke a TNC permit for any violation of these rules and regulations or violation of the provisions of R.I. Gen. Laws Chapter 39-14.2. However, before either a suspension, revocation or denial of the renewal of a Permit, the Division shall first schedule a formal hearing to gauge the appropriateness of a suspension or revocation of a Permit, and provide the TNC the opportunity to be heard.

C.Failure by any TNC or TNC driver to adhere to and comply with any of these rules and/or any applicable state statutes may be grounds for regulatory sanctions. Generally, such sanctions shall be sought and imposed only after a formal hearing on the issue, but the Division reserves the right to impose an immediate suspension of a TNC permit holder’s authority to operate as a TNC and/or a TNC driver’s authority to drive for a TNC if such an action is deemed in the public interest; if such a discretionary action is taken, a formal hearing shall be scheduled as soon as possible to gauge the appropriateness of the immediate suspension and to determine if the suspension shall continue.

D.Any TNC driver who is the subject of a complaint or disciplinary investigation who fails to appear for a duly noticed hearing at the Division shall be subject to an immediate suspension of his/her TNC driving authority. For repeated failures to appear, such TNC driver shall be subject to a permanent revocation of his/her authority to drive for a TNC.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.10. Complaints 5.10. Complaints {#sec-815-ricr-50-10-5-5.10.-complaints omnilex-key=us-ri-regs-official--title-815--815-RICR-50-10-5#5.10. Complaints}

A.Any person may file a complaint with the Division regarding a violation of these rules and regulations. The Division shall also have the authority to conduct investigations sua sponte. Complaints should be in writing and signed by the complainant stating the complainant’s address and telephone number and either mailed or hand-delivered to the Division of Public Utilities and Carriers, 89 Jefferson Blvd., Warwick, Rhode Island 02888. Nothing in this rule should be construed to prevent the Division from instituting an investigation or proceeding based upon an oral complaint or upon information developed in any other manner.

1.If the Division determines that the complaint alleges facts which could constitute a violation of these rules and regulations, the Division shall notify in writing the particular TNC driver and/or TNC of the nature of the complaint. A sufficient written answer must be filed by the TNC driver and/or TNC with the Division within ten (10) calendar days following the date of notice of the complaint. Upon receiving such answer(s), the Division shall notify the complainant of the contents or nature of the answer(s) and shall take whatever action deemed appropriate to resolve the complaint.

2.If the Division determines that the facts as alleged in any complaint are clearly not in violation of these rules and regulations, the complainant shall be so notified and no further action will be taken.

3.However, when the Division finds that a satisfactory response is not made to the notification of a complaint, or when no response is made to a complaint, or when the facts clearly warrant, a hearing shall be conducted by the Division concerning the complaint. The Division shall send a written notice of hearing to all parties consistent with the manner of notice specified in § 5.11 of this Part, below.

4.Failure of the TNC and/or TNC driver to appear before the Division for a scheduled hearing may result in a suspension or revocation of the TNC’s permit and/or the TNC driver’s authority to drive for a TNC. Failure of the complainant to appear for a scheduled hearing may result in dismissal of the complaint, although the Division reserves the right to pursue the matter without the complainant if it determines such action to be in the public interest.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.11 Notice

A.The Division shall give notice of the commencement of a scheduled hearing in any pending matter to all parties and to such other persons as the Division designates.

1.Notice shall be by first-class mail or personal service unless otherwise specified by the Division. The Division shall give at least ten (10) calendar days’ written notice of the hearing unless the hearing officer determines that less notice is reasonable. Nothing herein, however, shall limit the power of the Division to order notice by additional means, including but not limited to notice by publication.

2.Unless information to the contrary has been received by the Division, notices shall be sufficient if mailed or delivered to the following:

a.If the addressee is a TNC, the business address on file with the Division pursuant to § 5.5(C) of this Part, above.

b.If the addressee is a TNC driver, the home or mailing address listed on file with the TNC involved in the complaint matter.

c.If an attorney has entered an appearance on behalf of the addressee, to the office of the attorney.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

815-RICR-50-10-5 § 5.12 Effective Date

These rules are effective as of November 13, 2017.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2017-11-13 to 01/04/2022

Subchapter 20 Railroads

815-RICR-50-20-1 Safety Requirements for Equipment Used in Maintenance of Way Work

815-RICR-50-20-1 § 1.1 Requirement for Existing Equipment

A.All on track self-propelled equipment used for tie renewal, weighing 10,000 lbs. or over, must be equipped with horn, mirrors on both sides, roof for rain or sun protection, flashing strobe light, brake lights front and rear (except equipment with rotating deck shall have rear lights only), and a turntable warning light if equipped with turntable.

B. All on track equipment used to load, unload, dispense, or handle ties or material must have full cab enclosure, windshield safety glass, horn, worklights front and rear, mirrors both sides, flashing strobe light, brake lights front and rear (except equipment with rotating deck shall have rear lights only), heater and fan, and a first aid kit whenever equipment is in use.

C.All on track self-propelled equipment weighing 7,000 lbs. or over that tamps, compacts, scarifies, cribs, regulates, undercuts or moves ballast must be equipped with full cab enclosure that insures air quality and dust protection, windshield safety glass, horn, worklights front and rear, (except equipment with rotating deck shall have rear lights only), turntable warning light if equipped with turntable, two-way radio (if part of the equipment could foul an adjacent track during normal operations), heater and fan, fire extinguisher, and a first aid kit whenever equipment is in use.

D.All self-propelled off track construction equipment weighing 10,000 lbs. or over must have windshield safety glass, heater and fan, windshield wipers if equipped with full cab enclosure, back-up warning beepers and brake lights. In addition, all self-propelled off track construction equipment weighing 10,000 lbs. or over ordered after the effective date of these regulations shall also be equipped with roll bars if offered as an option by the manufacturer.

E.All self-propelled equipment ridden by an operator shall be equipped with a horn, protective cover for rain or sun protection, flashing strobe light, turntable warning light if equipped with turntable, and weight of equipment displayed on side.

F.All brush cutting equipment weighing 7,000 lbs. or over using rotary blades shall have the operator and driver compartment protected against penetration into the compartment in the event a blade should break or fly off. It shall be equipped with full cab enclosure, horn, mirrors both sides, flashing strobe light, brake lights front and rear for on track equipment, rear brake lights only for off track or rubber tire type equipment, turntable warning lights if equipped with turntable, first aid kit whenever equipment is in use, heater and fan, and a two-way radio if a part of the equipment could foul an adjacent track during normal operations.

G.All on track self-propelled equipment weighing 7,000 lbs. or over used to pick, move, lift, hoist, and vibrate rail shall be equipped with windshield safety glass, windshield wiper, full cab enclosure, horn, mirrors both sides, flashing strobe light, brake lights front and rear (except equipment with rotating deck shall have rear lights only), turntable warning light if equipped with turntable, first aid kit whenever equipment is in use, heater and fan, and a two-way radio if a part of the equipment could foul and adjacent track during normal operations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-01-04 to 01/04/2022
• Periodic Refile — effective from 2007-01-04 to 01/04/2007

815-RICR-50-20-1 § 1.2 Requirements for Newly Acquired Equipment

All newly acquired self-propelled on track equipment, ordered on or after the effective date of these regulations, weighing 10,000 lbs. or more shall be equipped with full cab enclosure with heater and fan, windshield safety glass, windshield wipers, horn, mirrors both sides, flashing strobe lights front and rear (except equipment with rotating deck shall have rear lights only), turntable warning light if equipped with turntable, two-way radio if part of the equipment could foul adjacent track during normal operations, and adequate work lights. The operator shall have clear view in travel directions. Operator’s compartment shall be constructed in such a manner to protect operator from injury caused by equipment protrusions or hydraulic hose ruptures.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-01-04 to 01/04/2022
• Periodic Refile — effective from 2007-01-04 to 01/04/2007

815-RICR-50-20-1 § 1.3 Radios on Equipment on Front and Rear of Production Gang

Equipment located at the front and rear of a production gang shall have a two way radio, which may be portable.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-01-04 to 01/04/2022
• Periodic Refile — effective from 2007-01-04 to 01/04/2007

815-RICR-50-20-1 § 1.4 Waiver

A railroad or other interested party may petition the Commission for a temporary or permanent waiver of compliance with any of the requirements prescribed in §§ 1.1, 1.2 or 1.3 of this Part above. No waiver may be granted unless the petitioner establishes good cause for granting the waiver. The Commission may grant the waiver subject to any condition it deems necessary. The Commission shall normally rule on a waiver petition within three (3) months, provided, however, that a petitioner may request expedited consideration, which the Commission shall endeavor to provide.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-01-04 to 01/04/2022
• Periodic Refile — effective from 2007-01-04 to 01/04/2007

815-RICR-50-20-1 § 1.5 Adoption of Federal OSHA Requirements

Upon compliance with the provisions of 29 U.S.C. Sec. 667, and approval by the Secretary of Labor of a Rhode Island State plan for the development and enforcement of air contaminant standards and noise exposure standards, the Federal Occupational Safety and Health air contaminants standards (29 C.F.R. Parts 1910.1000 – 1910.1200) and the noise exposure 3 standards (29 C.F.R. Part 1910.95) shall be adopted and incorporated herein by reference as regulations of the Commission.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-01-04 to 01/04/2022
• Periodic Refile — effective from 2007-01-04 to 01/04/2007

815-RICR-50-20-1 § 1.6 Exemptions

A.The following equipment shall be exempt from the provisions of these regulations:

1.One Amtrak scarifier having Amtrak number N21507 and serial number 243156

2.One Amtrak Canron track undercutter Model GO-4 having Amtrak number A15001 and serial number 4781237

3.Four Amtrak rail vibrators having the following Amtrak numbers and serial numbers:

Amtrak #

Serial #

N29201

001

N29202

RVT-101

A29204

SL154

A29205

CD103

4.Providence & Worcester Railroad Company equipment:

PW #

Description

Serial #

TC302

Spike Puller

1376106

TC305

Tie X Remover

101

TC306

Tie Bed Scarifier

34-429

TC309

Power Track Jack

10 FE 12

TC310

Tie Inserter

TI 1015812

TC311

Tie Saw

DT 360

TC313

Super B Hydra Spiker

617

TC402

Tie Crane (RTW)

n/a

5.Equipment rented or leased by a railroad for a period of seven (7) calendar days or less.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-01-04 to 01/04/2022
• Periodic Refile — effective from 2007-01-04 to 01/04/2007

815-RICR-50-20-1 § 1.7 Time for Compliance

The time for compliance shall be one year from the effective date of these regulations. Upon good cause shown, a railroad may seek a further extension.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-01-04 to 01/04/2022
• Periodic Refile — effective from 2007-01-04 to 01/04/2007

815-RICR-50-20-1 § 1.8 Exceptions

To the extent that sufficient equipment which complies with these regulations is not readily available, these regulations shall not apply in any case of casualty or unavoidable accident or act of God.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2007-01-04 to 01/04/2022
• Periodic Refile — effective from 2007-01-04 to 01/04/2007