| (C) A DCTU shall not refuse to release a customer's
telephone line and number due to the non-payment of a bill.
(b) Nondominant certificated telecommunications utility
(NCTU).
(1) Application. Only paragraphs (2) - (4), (7)(A)
- (D) and (10) of this subsection apply to a deregulated company holding
a certificate of operating authority or to an exempt carrier under
PURA §52.154.
(2) Suspension or disconnection policy. If an NCTU
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 NCTU 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 NCTU by the commission.
(3) Suspension or disconnection with notice. After
proper notice pursuant to paragraph (7) of this subsection, an NCTU
may suspend or disconnect basic local telecommunications service for
any legal reason that is clearly disclosed in the customer's terms
and conditions of service.
(4) Suspension or disconnection without notice. Basic
local telecommunications service may be suspended or disconnected
without notice 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
NCTU's equipment, evidence of theft of service, or other acts to defraud
the NCTU.
(5) Suspension or disconnection prohibited. Basic local
telecommunications service may not be suspended or disconnected for
any of the following reasons:
(A) failure to pay for any charges that are not provided
for in an NCTU's tariff, schedule, list, terms and conditions of service,
or customer-specific contract;
(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 residential local telecommunications services,
except for the nonpayment of long distance charges incurred after
toll blocking was imposed.
(6) Suspension or disconnection on holidays or weekends.
An NCTU shall not suspend or disconnect on holidays or weekends, or
the day before a holiday or weekend, unless NCTU personnel are available
on those days to take payments and reconnect service. An NCTU 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 (4)
of this subsection; or
(C) the customer requests disconnection.
(7) Suspension and disconnection notices. Any suspension
or disconnection notice issued by an NCTU to a customer must:
(A) not be issued to the customer before the first
day after the bill is due. Payment of the delinquent bill at an NCTU's
authorized payment agency is considered payment to the NCTU;
(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; and
(E) for residential customers, indicate the specific
amount owed for local telecommunications services required to maintain
basic local telecommunications service.
(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 NCTU's charge for stand-alone
basic local telecommunications service.
(9) Toll blocking.
(A) The NCTU 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 NCTU shall not
apply toll blocking in an unreasonably preferential, prejudicial,
or discriminatory manner.
(D) Notice requirement. The NCTU 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 NCTU shall release, or cause to
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 NCTU shall release, or cause to
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 NCTU shall release,
or cause to release, the customer's telephone line within five days
after the request is received.
(C) An NCTU shall not refuse to release a customer's
or former customer's telephone line and number due to the non-payment
of a bill.
(c) NCTU implementation. NCTUs shall implement this
section no later than March 1, 2001.
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