| (a) Dominant certificated telecommunications utility
(DCTU).
(1) Suspension or disconnection policy. If a DCTU chooses
to suspend or disconnect a customer's basic local telecommunications
service, it must follow the procedures in this subsection or modify
them in ways that are more generous to the customer in terms of the
cause for suspension or disconnection, the timing of the suspension
or disconnection notice, and the period between notice and suspension
or disconnection. Each DCTU is encouraged to develop specific policies
for suspension and disconnection that treat its customers with dignity
and respect for customers' or members' circumstances and payment history,
and to implement those policies in ways that are consistent and non-discriminatory.
Suspension or disconnection are options allowed by the commission,
not requirements placed upon the DCTU by the commission.
(2) Suspension or disconnection with notice. After
proper notice pursuant to paragraph (7) of this subsection, a DCTU
may suspend or disconnect basic local telecommunications service for
any of the following reasons:
(A) failure to pay tariffed charges for local telecommunications
services or make deferred payment arrangements by the date of suspension
or disconnection;
(B) failure of a residential customer to pay long distance
charges incurred after toll blocking was imposed;
(C) failure of a non-residential customer to pay long
distance charges only where the DCTU bills those charges to the customer
pursuant to its tariffs or billing and collection contracts, or make
deferred payment arrangements by the date of suspension or disconnection;
(D) failure to comply with the terms of a deferred
payment agreement except as provided in §26.29 of this title
(relating to Prepaid Local Telephone Service (PLTS));
(E) violation of the DCTU's rules on the use of service
in a manner which interferes with the service of others or the operation
of nonstandard equipment, if a reasonable attempt has been made to
notify the customer and the customer has a reasonable opportunity
to remedy the situation;
(F) failure to pay a deposit pursuant to §26.24
of this title (relating to Credit Requirements and Deposits); or
(G) failure of the guarantor to pay the amount guaranteed,
when the DCTU has a written agreement, signed by the guarantor, that
allows for disconnection of the guarantor's service for nonpayment.
(3) Suspension or disconnection without notice. Basic
local telecommunications service may be suspended or disconnected
without notice, except as provided in §26.29 of this title, for
any of the following reasons:
(A) where service is connected without authority;
(B) where service was reconnected without authority;
or
(C) where there are instances of tampering with the
DCTU's equipment, evidence of theft of service, or other acts to defraud
the DCTU.
(4) Suspension or disconnection prohibited. Basic local
telecommunications service may not be suspended or disconnected for
any of these reasons:
(A) failure to pay for any charges that are not provided
for in a DCTU's tariffs;
(B) failure to pay for a different type or class of
utility service unless charges were included on the bill at the time
service was initiated;
(C) failure to pay charges resulting from underbilling
that is more than six months before the current billing, except for
theft of service;
(D) failure to pay disputed charges until a determination
is made on the accuracy of the charges; or
(E) failure of a residential customer to pay for any
charges other than for tariffed residential local telecommunications
services, except for the nonpayment of long distance charges incurred
after toll blocking was imposed.
(5) Suspension or disconnection on holidays or weekends.
A DCTU shall not suspend or disconnect service on holidays or weekends,
or the day before a holiday or weekend, unless DCTU personnel are
available on those days to take payments and reconnect service. A
DCTU may suspend or disconnect service on holidays or weekends, or
the day before a holiday or weekend, when:
(A) a dangerous condition exists;
(B) notice is not required pursuant to paragraph (3)
of this subsection; or
(C) the customer requests disconnection.
(6) Suspension or disconnection for ill and disabled.
No DCTU may suspend or disconnect service at the permanent residence
of a delinquent customer if that customer establishes that such action
will prevent the customer from summoning emergency medical help for
someone who is seriously ill residing at that residence.
(A) Each time a customer seeks to avoid suspension
or disconnection of service under this subsection, the customer before
the date of suspension or disconnection shall:
(i) have the person's attending physician (for purposes
of this subsection, the term "physician" shall mean any public health
official, including, but not limited to, medical doctors, doctors
of osteopathy, nurse practitioners, registered nurses, and any other
similar public health official) contact the DCTU by the stated date
of disconnection;
(ii) have the person's attending physician submit a
written statement to the DCTU; and
(iii) enter into a deferred payment plan.
(B) The prohibition against suspension or disconnection
provided by this subsection shall last 63 days from the issuance of
the DCTU bill or a shorter period agreed upon by the DCTU and the
customer or physician.
(7) Suspension and disconnection notices. Any suspension
or disconnection notice issued by a DCTU to a customer shall:
(A) not be issued to the customer before the first
day after the bill is due. Payment of the delinquent bill at a DCTU's
authorized payment agency is considered payment to the DCTU;
(B) be a separate mailing or hand delivery or sent
electronically if requested by the customer, with a stated date of
suspension or disconnection and with the words "suspension notice,"
or "disconnection notice," or similar language prominently displayed
on the notice;
(C) have a suspension or disconnection date that is
not less than ten days after the notice is issued;
(D) be in English and Spanish;
(E) for residential customers, indicate the specific
amount owed for tariffed local telecommunications services required
to maintain basic local telecommunications service; and
(F) include a statement notifying customers that if
they need assistance paying their bill, or are ill and unable to pay
their bill, they may be able to make some alternative payment arrangement
or establish a deferred payment plan. The notice shall advise customers
to contact the DCTU for more information.
(8) Residential customer payment allocations. Payment
allocations related to basic local telecommunications service suspension
or disconnection are as follows:
(A) Payments shall first be allocated to basic local
telecommunications service.
(B) If services are bundled, the rate of basic local
telecommunications service shall be the DCTU's charge for stand-alone
basic local telecommunications service.
(9) Toll blocking.
(A) The DCTU may toll block a residential customer
for the nonpayment of long distance charges.
(B) Access to toll-free numbers. Where technically
capable, toll blocking shall allow access to toll-free numbers.
(C) Nondiscriminatory application. The DCTU shall not
apply toll blocking in an unreasonably preferential, prejudicial,
or discriminatory manner.
(D) Notice requirement. The DCTU shall notify the customer
within 24 hours of initiating toll blocking.
(10) Release of telephone line.
(A) Upon a request to switch a current customer to
another local service provider, the DCTU shall release the customer's
telephone line and number to the preferred provider in a manner to
expedite the switch without disruption in service.
(B) Upon a request to switch a suspended customer to
another local service provider, the DCTU shall release the customer's
telephone line and number within five days after the request is received.
Upon a request to switch a disconnected customer to another local
service provider, the DCTU shall release the customer's telephone
line within five days after the request is received.
Cont'd... |
