| (i) the name of the telecommunications utility that
initiated the unauthorized change;
(ii) each telephone number affected by the unauthorized
change;
(iii) the date the customer asked the telecommunications
utility that made the unauthorized change to return the customer to
the original telecommunications utility; and
(iv) the date the customer was returned to the original
telecommunications utility; and
(D) not bill the customer for any charges incurred
during the first 30 calendar days after the unauthorized change, but
may bill the customer for unpaid charges incurred after the first
30 calendar days based on what it would have charged if the unauthorized
change had not occurred.
(g) Notice of customer rights.
(1) Each telecommunications utility must make available
to its customers the notice set out in paragraph (3) of this subsection.
(2) Each notice provided under paragraph (5)(A) of
this subsection must contain the name, address and telephone numbers
where a customer can contact the telecommunications utility.
(3) Customer notice. The notice must state:
Attached Graphic
(4) The customer notice requirements in paragraph (3)
of this subsection may be combined with the notice requirements of §26.32(g)(1)
and (2) of this title (relating to Protection Against Unauthorized
Billing Charges ("Cramming")) if all of the information required by
each is in the combined notice.
(5) Language, distribution and timing of notice.
(A) Telecommunications utilities must send the notice
to new customers at the time service is initiated, and upon customer
request.
(B) Each telecommunications utility must print the
notice in the white pages of its telephone directories, beginning
with any directories published 30 calendar days after the effective
date of this section and thereafter. The notice that appears in the
directory is not required to list the information contained in paragraph
(2) of this subsection.
(C) The notice must be in plain English and Spanish
as necessary to adequately inform the customer. The commission may
exempt a telecommunications utility from the Spanish requirement if
the telecommunications utility shows that 10% or fewer of its customers
are exclusively Spanish-speaking, and that the telecommunications
utility will notify all customers through a statement in plain English
and Spanish that the information is available in Spanish by mail from
the telecommunications utility or at the utility's offices.
(h) Compliance and enforcement.
(1) Records of customer verifications and unauthorized
changes.
(A) The submitting telecommunications utility must
maintain records of all change orders, including verifications of
customer authorizations, for a period of 24 months and must provide
such records to the customer, if the customer challenges the change.
(B) A telecommunications utility must provide a copy
of records maintained under the requirements of subsections (c), (d),
and (f)(2)(C) of this section to the commission staff 21 calendar
days from the date the records were requested by commission staff.
(C) The proof of authorization and verification of
authorization as required from the alleged unauthorized telecommunications
utility in accordance with subparagraph (B) of this paragraph and
paragraph (2)(A) of subsection (l) must establish a valid authorized
telecommunications utility change as defined by subsections (c) and
(d) of this section. Failure by the alleged unauthorized telecommunications
utility to timely submit a response that addresses the complainant's
assertions, relating to an unauthorized change, within the time specified
in subparagraph (B) of this paragraph or paragraph (2) of subsection
(l) establishes a violation of this section.
(2) Administrative penalties. If the commission finds
that a telecommunications utility is in violation of this section,
the commission will order the utility to take corrective action as
necessary, and the utility may be subject to administrative penalties
in accordance with Public Utility Regulatory Act (PURA) §15.023
and §15.024.
(3) Evidence. Evidence supplied by the customer that
meets the standards set out in Texas Government Code §2001.081,
including one or more affidavits from a customer challenging the change,
is admissible in a proceeding to enforce the provisions of this section.
(4) Certificate revocation. The commission may suspend,
restrict, deny, or revoke the registration or certificate, including
an amended certificate, of a telecommunications utility, denying the
telecommunications utility the right to provide service in this state,
in accordance with the provisions of either PURA §17.052 or PURA §55.306.
(5) Coordination with the office of the attorney general.
The commission will coordinate its enforcement efforts regarding the
prosecution of fraudulent, unfair, misleading, deceptive, and anticompetitive
business practices with the Office of the Attorney General to ensure
consistent treatment of specific alleged violations.
(i) Notice of identity of a customer's telecommunications
utility. Any bill for telecommunications services must contain the
following information in clear, bold type in each bill sent to a customer.
Where charges for multiple lines are included in a single bill, this
information must appear on the first page of the bill if possible,
or be displayed prominently elsewhere in the bill:
(1) The name and telephone number of the telecommunications
utility providing local exchange service if the bill is for local
exchange service.
(2) The name and telephone number of the primary interexchange
carrier if the bill is for interexchange service.
(3) The name and telephone number of the local exchange
and interexchange providers if the local exchange provider is billing
for the interexchange carrier. The commission may, for good cause,
waive this requirement in exchanges served by incumbent local exchange
companies serving 31,000 access lines or less.
(4) A statement that customers who believe they have
been slammed may contact the Public Utility Commission of Texas, P.O.
Box 13326, Austin, Texas 78711-3326, (512) 936-7120 or in Texas (toll-free)
1 (888) 782-8477, e-mail address: consumer@puc.texas.gov. Hearing
and speech-impaired individuals may contact the commission through
Relay Texas at 1-800-735-2989. This statement may be combined with
the statement requirements of §26.32(g)(4) of this title if all
of the information required by each is in the combined statement.
(j) Preferred telecommunications utility freezes.
(1) Purpose. A preferred telecommunications utility
freeze ("freeze") prevents a change in a customer's preferred telecommunications
utility selection unless the customer consents to the local exchange
company that implemented the freeze.
(2) Nondiscrimination. All local exchange companies
that offer freezes must offer freezes on a nondiscriminatory basis
to all customers regardless of the customer's telecommunications utility
selection except for local telephone service.
(3) Type of service. Customer information on freezes
must clearly distinguish between intraLATA and interLATA telecommunications
services. The local exchange company offering a freeze must obtain
separate authorization for each service for which a freeze is requested.
(4) Freeze information. All information provided by
a telecommunications utility about freezes have the sole purpose of
educating customers and providing information in a neutral way to
allow the customer to make an informed decision, and must not market
or induce the customer to request a freeze. The freeze information
provided to customers must include:
(A) a clear, neutral explanation of what a freeze is
and what services are subject to a freeze;
(B) instructions on lifting a freeze that make it clear
that these steps are in addition to required verification for a change
in preferred telecommunications utility;
(C) an explanation that the customer will be unable
to make a change in telecommunications utility selection unless the
customer lifts the freeze, including information describing the specific
procedures by which the freeze may be lifted; and
(D) a statement that there is no charge to the customer
to impose or lift a freeze.
(5) Freeze verification. A local exchange company must
not implement a freeze unless the customer's request is verified using
one of the following procedures:
(A) A written and signed or electronically signed authorization
that meets the requirements of paragraph (6) of this subsection.
Cont'd... |
