| (a) Dominant certificated telecommunications utility
(DCTU).
(1) A DCTU is relieved of its provider of last resort
(POLR) obligations in a market if the market has been deregulated
pursuant to Public Utility Regulatory Act Chapter 65. A DCTU with
POLR obligations may refuse to provide an applicant with basic local
telecommunications service only for one or more of the following reasons:
(A) Applicant's facilities inadequate. The applicant's
installation or equipment is known to be hazardous or of such character
that satisfactory service cannot be given.
(B) Use of prohibited equipment or attachments. The
applicant fails to comply with the DCTU's tariffs pertaining to operation
of nonstandard equipment or unauthorized attachments that interfere
with the service of others.
(C) Failure to pay guarantee. The applicant has acted
as a guarantor for another customer of the DCTU and fails to pay the
guaranteed amount, where such guarantee was made in writing to the
DCTU and was a condition of service.
(D) Intent to deceive. The applicant requests service
at a location where another customer received or continues to receive
service, the other customer's bill from the DCTU is unpaid at that
location, and the DCTU can prove that the change of account holder
and billing name is made to avoid or evade payment of an outstanding
bill owed to the DCTU.
(E) For indebtedness.
(i) If a residential applicant owes a debt to any DCTU
for:
(I) tariffed local telecommunications service, except
as provided in §26.29 of this title (relating to Prepaid Local
Telephone Service (PLTS)); or
(II) long distance charges after toll blocking was
imposed as provided in §26.28 of this title (relating to Suspension
or Disconnection of Service).
(ii) If a non-residential applicant owes a debt to
any DCTU for tariffed non-residential local telecommunications service,
including long distance charges.
(iii) If an applicant's indebtedness is in dispute,
basic local telecommunications service shall be provided upon the
applicant's compliance with the deposit requirements in §26.24
of this title (relating to Credit Requirements and Deposits).
(F) Refusal to pay a deposit. The applicant refuses
to pay a deposit if the applicant is required to do so under §26.24
of this title.
(G) Failure to comply with regulations. The applicant
fails to comply with all applicable state and municipal regulations.
(2) Applicant's recourse.
(A) If a DCTU has refused to serve a residential applicant,
the DCTU must send the applicant notice in writing within five work
days of the determination to refuse service:
(i) of the reason or reasons for its refusal;
(ii) that the applicant will be eligible for service
if the applicant remedies the reason or reasons for refusal and complies
with the DCTU's tariffs and terms and conditions of service;
(iii) that the applicant may request a supervisory
review by the DCTU and may file a complaint with the commission as
described in §26.30 of this title (relating to Complaints); and
(iv) that no telecommunications utility is permitted
to:
(I) refuse service on the basis of race, color, sex,
nationality, religion, marital status, income level, or source of
income; nor
(II) unreasonably refuse service on the basis of geographic
location.
(B) Additionally, the DCTU must inform applicants eligible
for prepaid local telephone service under §26.29 of this title
that this service is available if they are not otherwise eligible
for basic local telecommunications service.
(3) Insufficient grounds for refusal to serve. The
following are not sufficient grounds for refusal of basic local telecommunications
service to an applicant by a DCTU:
(A) delinquency in payment for service by a previous
occupant of the premises to be served;
(B) failure to pay for any charges that are not provided
in the DCTU's tariffs on file at the commission;
(C) failure to pay a bill that includes more than six
months of underbilling unless the underbilling is the result of theft
of service by the applicant;
(D) failure to pay the bill of another customer at
the same address except where the change of account holder and billing
name is made to avoid or evade payment of that bill; and
(E) failure of a residential applicant to pay for any
charges other than for local telecommunications service except for
long distance charges incurred after toll blocking was imposed as
provided in §26.28 of this title.
(b) Nondominant certificated telecommunications utility
(NCTU).
(1) This subsection does not apply to a deregulated
company holding a certificate of operating authority or to an exempt
carrier under PURA §52.154.
(2) An NCTU may refuse to provide an applicant with
basic local telecommunications service for:
(A) the applicant's failure to comply with all applicable
federal, state, and municipal regulations; or
(B) any other reason that does not violate applicable
federal, state, or municipal statutes, rules, or regulations.
(3) Applicant's recourse.
(A) If an NCTU who offers residential service has refused
to provide a residential applicant with basic local telecommunications
service, the NCTU must inform the applicant of the determination to
refuse service:
(i) of the reason or reasons for its refusal; and
(ii) that the applicant will be eligible for service
if the applicant remedies the reason or reasons for refusal and complies
with the NCTU's terms and conditions of service.
(B) The information required by subparagraph (A) of
this paragraph shall be sent to the applicant in writing within five
working days, if required by the federal Equal Credit Opportunity
Act, 15 U.S.C. §1691 et seq., or if it is requested by the applicant.
The NCTU shall inform the applicant that the applicant may request
a supervisory review by the NCTU and may file a complaint with the
commission as described in §26.30 of this title.
(4) Insufficient grounds for refusal to serve. The
following are not sufficient grounds for refusal of basic local telecommunications
service to an applicant by an NCTU:
(A) delinquency in payment for service by a previous
occupant of the premises to be served;
(B) failure to pay for any charges that are not provided
in the NCTU's tariffs;
(C) failure to pay a bill that includes more than six
months of underbilling unless the underbilling is the result of theft
of service by the applicant;
(D) failure to pay the bill of another customer at
the same address except where the change of account holder and billing
name is made to avoid or evade payment of that bill; and
(E) failure of a residential applicant to pay for any
charges other than for local telecommunications service except for
long distance charges incurred after toll blocking was imposed as
provided in §26.28 of this title.
|
| Source Note: The provisions of this §26.23 adopted to be effective December 27, 2000, 25 TexReg 12653; amended to be effective April 4, 2012, 37 TexReg 2178; amended to be effective April 7, 2014, 39 TexReg 2499 |
