| (B) all corrective actions taken as required by subsection
(f) of this section, if the switch in service was not verified in
accordance with subsections (c) and (d) of this section.
(3) CPD investigation. CPD must review all of the information
related to the complaint and make a determination on whether or not
the telecommunications utility complied with the requirements of this
section. CPD must inform the complainant and the alleged unauthorized
telecommunications utility of the results of the investigation and
identify any additional corrective actions that may be required. CPD
must also inform, if known, the authorized telecommunications utility
if there was an unauthorized change in service.
(m) Additional requirements for changes involving certain
telecommunications utilities.
(1) Definitions. The following words and terms, when
used in this subsection, have the following meanings unless the context
clearly indicates otherwise.
(A) Local service provider (LSP)--the certified telecommunications
utility chosen by a customer to provide local exchange service to
that customer.
(B) Old local service provider (old LSP)--The local
service provider immediately preceding the change to a new local service
provider.
(C) New local service provider (new LSP)--The local
service provider from which the customer requests new service.
(D) Primary interexchange carrier (PIC)--the provider
chosen by a customer to carry that customer's toll calls. For the
purposes of this subsection, any reference to primary interexchange
carrier refers to both interLATA and intraLATA toll carriers.
(E) Old primary interexchange carrier (old PIC)--The
primary interexchange carrier immediately preceding the change to
a new primary interexchange carrier.
(F) New primary interexchange carrier (new PIC)--The
primary interexchange carrier from which the customer requests new
service or continuing service after changing local service providers.
(G) Change execution--means the date the LSP initially
has knowledge of the PIC or LSP change in the switch.
(2) Contents and delivery of notice required by paragraphs
(3) and (4) of this subsection.
(A) Notice must contain at least:
(i) the effective date of the change in the switch;
(ii) the customer's billing name, address, and number;
and
(iii) any other information necessary to implement
the change.
(B) If an LSP does not otherwise have the appropriate
contact information for notifying a PIC, then the LSP's notification
to the PIC must be deemed complete upon delivery of the notice to
the PIC's address, facsimile number or e-mail address listed in the
appropriate utility directory maintained by the commission.
(3) Notification requirements for change in PIC only.
The LSP must notify the old PIC and the new PIC of the PIC change
within five working days of the change execution.
(A) The new PIC must initiate billing the customer
for presubscribed services within five working days after receipt
of such notice.
(B) The old PIC must discontinue billing the customer
for presubscribed services within five working days after receipt
of such notice.
(4) Notification requirements for change in LSP.
(A) Requirement of the new LSP to notify the old LSP.
Within five working days of the change execution, the new LSP must
notify the old LSP of the change in the customer's LSP.
(B) Requirement of the new LSP to notify the new PIC.
Within five working days of the change execution, the new LSP must
notify the new PIC of the customer's selection of such PIC as the
customer's PIC.
(C) Requirement of the old LSP to notify the old PIC.
Within five working days of the old LSP's receipt of notice in accordance
with to subparagraph (A) of this paragraph, the old LSP must notify
the old PIC that the old LSP is no longer the customer's LSP.
(5) Requirements of the new PIC to initiate billing
customer. If the new PIC receives notice in accordance with paragraph
(4)(B) of this subsection, within five working days after receipt
of such notice, the new PIC must initiate billing the customer for
presubscribed services.
(6) Requirements of the old PIC to discontinue billing
customer. If the old PIC receives notice in accordance with paragraph
(4)(C) of this subsection that the old LSP is no longer the customer's
LSP, the old PIC must discontinue billing the customer for presubscribed
services within seven working days after receipt of such notice, unless
the new LSP notifies the old PIC that it is the new PIC in accordance
with paragraph (4)(B) of this subsection.
|
| Source Note: The provisions of this §26.130 adopted to be effective February 21, 1999, 24 TexReg 941; amended to be effective July 13, 2000, 25 TexReg 6491; amended to be effective July 9, 2002, 27 TexReg 6010; amended to be effective October 21, 2002, 27 TexReg 9758; amended to be effective May 20, 2004, 29 TexReg 4852; amended to be effective November 29, 2007, 32 TexReg 8468; amended to be effective February 21, 2012, 37 TexReg 909; amended to be effective December 21, 2024, 48 TexReg 7524 |
