| (a) Applicability. The provisions of this section shall
apply to all dominant certificated telecommunications utilities (DCTUs)
unless specifically indicated otherwise. A DCTU shall provide prepaid
local telephone service (PLTS) as required by this section and shall
not refuse to provide PLTS to an applicant for such service because
the applicant is indebted to any DCTU or other telecommunications
carrier for telecommunication services, including the carriage charges
of interexchange carriers where the DCTU bills those charges under
tariffs or contracts.
(b) Eligible customers.
(1) Former customers. In cases where a DCTU would refuse
to provide service to an applicant for residential telephone service
because of indebtedness to any DCTU or other telecommunications carrier,
the applicant is eligible to receive PLTS as required by this section.
(2) Current customers. A current residential customer
who has not been disconnected but who has received a notice following
suspension of service for non-payment for services is eligible to
receive PLTS as required by this section.
(3) Applicant previously disconnected from PLTS by
a DCTU. Any applicant who was previously disconnected from PLTS by
a DCTU, pursuant to subsection (e)(6) of this section, does not have
the right to receive PLTS from that DCTU again.
(4) Business customers shall not be eligible for PLTS.
(c) Requirements for notifying customers about PLTS.
A DCTU shall provide notice to its customers about PLTS as required
by this subsection.
(1) Timing of notice.
(A) If the DCTU's standard practice is to suspend a
customer's service for non-payment of charges before disconnecting
service, it shall notify the customer of the availability of PLTS
in the suspension notice.
(B) If the DCTU's standard practice is to disconnect
a customer's service without suspension, the DCTU shall notify such
customer of the availability of PLTS within three days after disconnection.
(2) Content of notice. The notice provided by a DCTU
offering PLTS shall be reviewed in the DCTU's compliance filing and
shall notify customers of the rates, terms, and conditions of PLTS,
as described in subsection (e) of this section, including:
(A) a customer's eligibility to enter into the PLTS
plan;
(B) a description of the PLTS plan including its features,
charges, and options;
(C) a customer's responsibility to make an initial
payment for PLTS and any applicable service connection charges, as
defined in subsection (e)(2)(A) of this section;
(D) a customer's responsibility to make the initial
deferred payment, if applicable, in the third billing cycle and every
month thereafter, for up to 12 months;
(E) a customer's responsibility not to incur additional
charges for calls, including long distance or other usage-sensitive
services that will be charged on the local telephone bill, nor to
subscribe to any services other than those included in PLTS, as defined
in §26.5 of this title (relating to Definitions);
(F) a customer's violation of the terms and conditions
of the PLTS plan may result in disconnection;
(G) if a customer is disconnected for violation of
the terms and conditions of the PLTS plan, a DCTU has the right to
retain and apply any credit in the PLTS account to the customer's
outstanding balances for telecommunications services;
(H) If a customer is disconnected for violation of
the terms and conditions of the PLTS plan, that customer does not
have the right to receive PLTS from that DCTU again;
(I) the customer's responsibility to subscribe to PLTS
within a certain time period in order to defer service restoration
or connection charges as described in subsection (e)(1)(B) of this
section; and
(J) the customer's right to receive basic local telephone
service without entering PLTS if the customer does not owe for basic
local telephone charges. (This right shall be prominently displayed
on the notice and shall be communicated to a customer anytime the
utility notifies a customer of the rates and conditions of PLTS).
(d) Subscription to PLTS.
(1) Customer request to subscribe to PLTS. To subscribe
to PLTS, an eligible customer must contact the DCTU during regular
business hours to request PLTS.
(2) Confirmation letter. Within 24 hours after a customer
requests PLTS, the DCTU shall mail the customer a confirmation letter
in English or Spanish as necessary, explaining the PLTS plan, including
the customer's rights and responsibilities upon enrollment and information
about the rates, terms, and conditions of service under the PLTS plan.
(e) Rates, terms, and conditions of PLTS. A DCTU shall
offer PLTS under the following terms and conditions:
(1) Rates for PLTS.
(A) The monthly rate for PLTS shall include only:
(i) the applicable residential tariffed rate (or lifeline
rates, if applicable) for services included in the PLTS definition
in §26.5 of this title;
(ii) tariffed charges for non-listed and non-published
service, if requested by the customer; and
(iii) surcharges and fees authorized by a governmental
entity that are billed by the DCTU, including 911, subscriber line
charges, sales tax, and municipal fees.
(B) Non-recurring rates.
(i) If a DCTU does not suspend basic local service
before disconnection, the DCTU must defer service connection charges
until the customer returns to basic local telecommunications service.
However, if a customer does not subscribe to PLTS within ten days
from the date the DCTU mailed a termination notice containing notice
of PLTS eligibility, the DCTU may charge service connection charges
when subscribing to PLTS.
(ii) If a DCTU suspends basic local service prior to
disconnection, the DCTU must defer service restoration charges until
the subscribing customer returns to basic local telecommunications
service.
(C) Late charges. The DCTU shall not assess late charges
on a PLTS customer.
(2) Payments under PLTS.
(A) A DCTU may require the residential PLTS customer
to make an initial payment for service, which shall not exceed:
(i) the rates as described in paragraph (1)(A) of this
subsection for up to two months of service; and
(ii) applicable non-recurring service connection charges.
(B) A DCTU shall not require subsequent monthly payments
that exceed the rates for one month of PLTS. The due date of monthly
payments shall be based on the DCTU's regular monthly billing cycle.
(C) A customer may be required to make payments under
the deferred payment plan according to paragraph (4) of this subsection.
(3) Toll blocking. PLTS subscribers shall have mandatory
toll blocking and usage sensitive blocking placed on the telephone
lines.
(A) Customer responsibility. A customer subscribing
to PLTS shall not place or receive calls, including long distance
or other usage-sensitive services, for which additional charges are
billed to the customer's telephone number, nor subscribe to any services
other than those included in PLTS.
(B) DCTU responsibility. The DCTU shall notify the
customers of their responsibilities under PLTS when the customer inquires
about the service in the confirmation letter.
(4) Deferred payment plan under PLTS. As a condition
of subscribing to PLTS, the DCTU may require an applicant to enter
into a deferred payment plan for any outstanding debt owed to the
DCTU for basic local telephone service. The DCTU shall not require
an applicant to enter into a deferred payment plan to pay any outstanding
debt for any services that the customer cannot use under PLTS including
long distance services. If the DCTU is unable to determine the amount
of outstanding debt, the DCTU shall not require an applicant to enter
into a deferred payment plan.
(A) Determination of deferred payment plan amount.
To determine the deferred payment plan amount, the DCTU shall:
(i) determine the amount the customer owes for basic
local telephone service;
(ii) apply any undesignated partial payment made by
the customer before subscribing to PLTS to past debt for local telecommunications
service; and
(iii) not reallocate any undesignated partial payments
assigned under clause (ii) of this subparagraph to amounts not yet
incurred for basic local telecommunications service.
(B) Monthly payments under the deferred payment plan.
(i) A deferred payment plan for past due charges shall
not require the applicant to make monthly payments which exceed $10
per month or one-twelfth of the outstanding debt as determined in
subparagraph (A) of this paragraph, whichever is greater.
Cont'd... |
