§ 39-2-5 - Exceptions to anti-discrimination provisions.
SECTION 39-2-5
§ 39-2-5 Exceptions to anti-discriminationprovisions. – The provisions of §§ 39-2-2 – 39-2-4 shall be subject to thefollowing exceptions:
(1) A public utility may issue or give free transportation orservice to its employees and their families, its officers, agents, surgeons,physicians, and attorneys at law, and to the officers, agents, and employees,and their families of any other public utility.
(2) With the approval of the division any public utility maygive free transportation or service, upon such conditions as the public utilitymay impose, or grant special rates therefor to the state, to any town or city,or to any water or fire district, and to the officers thereof, for publicpurposes, and also to any special class or classes of persons, not otherwisereferred to in this section, in cases where the same shall seem to the divisionjust and reasonable, or required in the interests of the public, and notunjustly discriminatory.
(3) With the approval of the division any public utilityoperating a railroad or street railway may furnish to the publishers ofnewspapers and magazines, and to their employees, passenger transportation inreturn for advertising in the newspapers or magazines at full rates.
(4) With the approval of the division any public utility mayexchange its service for the service of any other public utility furnishing adifferent class of service.
(5) Nothing in this section or any other provision of the lawshall be construed to prohibit the giving by any public utility, free orreduced rate service to an elderly person as defined by the division.
(6) Any motor carrier of persons, as defined in chapter 13 ofthis title, may elect to file a tariff providing for a rate reduction oftwenty-five percent (25%) below its one-way fare tariff applying to any personwho is sixty-five (65) years of age or older and any person assisting andtraveling with a blind passenger who is not required to pay any fare pursuantto the provisions of § 39-2-13 for bus rides between the hours of teno'clock (10:00) a.m. and three o'clock (3:00) p.m. of each day. In such event,the reduced fare shall be paid in part by the passenger and in part by thestate. That part of the reduced fare payable by the state shall be one half(1/2) of the reduced fare adjusted upward to end in the nearest zero (0) orfive cents (.05), and that part payable by the passenger shall be the balanceof the reduced fare. Payments by the state under this section shall be paidmonthly under procedures agreed upon by the department of transportation andthe carrier.
(7) [Deleted by P.L. 2004, ch. 378, § 4, and byP.L. 2004, ch. 504, § 4.]
(8) Any person, firm, or corporation or any officer, agent,servant, or employee thereof who shall violate the provisions of subsection (7)of this section by fraudulently obtaining a telecommunications device shall,upon conviction, be fined not exceeding five hundred dollars ($500) or beimprisoned for a term not exceeding one year.
(9) Nothing in this section or any other provision of thegeneral laws shall be construed to prohibit the commission from taking actionsto enable the state to participate in a federal communications commissiontelephone lifeline program. The commission may set a subscriber funded monthlyresidence basic exchange lifeline telephone service credit in an amount not toexceed the federal subscriber line access charge or the monthly basic servicecharge, whichever is less, for those persons who receive supplemental socialsecurity income (SSI), aid to families with dependent children (AFDC), generalpublic assistance (GPA), aid from the Rhode Island medical assistance program,or food stamps issued pursuant to the Food Stamp Act of 1964 as amended (publiclaw 88-525 and amendments made thereto, 7 U.S.C. § 2011 et seq.),assistance from the low-income home energy assistance program (LIHEAP) asadministered by the department of administration, division of planning, andeffective April 1, 1993, assistance from the Rhode Island pharmaceuticalassistance program administered by the department of elderly affairs. Thepublic utilities commission may promulgate regulations to implement thissection. The department of human services and the department of administration,division of planning shall certify subscriber eligibility for the programs inaccordance with public utilities commission and federal communicationscommission guidelines.
(ii) The department of human services shall report monthly tothe governor and to the house of representatives fiscal advisor the number ofpersons newly eligible for the lifeline telephone service credit hereundersolely by virtue of their eligibility to receive food stamp assistance and thedepartment of administration, division of planning shall, also, report monthlyto the governor and to the house of representatives fiscal advisor the numberof persons newly eligible for the lifeline telephone service credit hereundersolely by virtue of their participation in the low-income home energyassistance program (LIHEAP).
(10) Nothing in this section or any other provision of thegeneral laws shall be construed to prohibit any public utility with theapproval of the commission, from forgiving arrearages of any person inaccordance with the provisions of subsection 39-2-1(d).
(11) Nothing in this section or any other provision of thelaw shall be construed to prohibit any utility company from cutting,disconnecting, or removing mains, poles, wires, conduits, or fixtures free ofcharge to nonprofit housing development corporations prior to moving a buildingto be used as affordable housing for at least a ten (10) year period.
(12) Nothing in this section or any other provision of thegeneral laws shall be construed to prohibit any telecommunications providerwith the approval of the commission, from offering any person, firm orcorporation a reduced rate, provided such rate covers all costs.
(13) A gas or electric distribution company may providediscounts to low income customers in accordance with the affordable energy planprovisions of subsection 42-141-5(d). Nothing contained herein shall prohibitthe continuation of any low income discounts approved by the commission priorto January 1, 2006, and in effect as of that date.