| (iii) each transaction concerning the deposit;
(B) Issue a receipt of deposit to each applicant or
customer paying a deposit and provide means for a depositor to establish
claim if the receipt is lost;
(C) Keep deposit records for one year after a deposit
is refunded;
(D) Maintain each unclaimed deposit for at least four
years;
(E) Make a reasonable effort to return an unclaimed
deposit;
(F) Upon the sale or transfer of any DCTU or any of
its operating units, provide the buyer with all deposit records.
(10) Guarantees of residential customer accounts.
(A) A guarantee between a DCTU and a guarantor must
be in writing and shall be for no more than the amount of deposit
the DCTU would require on the customer's account pursuant to paragraph
(6) of this subsection. The amount of the guarantee shall be clearly
indicated in the signed agreement.
(B) The guarantee shall be voided and returned to the
guarantor according to the provisions of paragraph (11) of this subsection.
(C) Upon default by a residential customer, the guarantor
of that customer's account shall be responsible for the unpaid balance
of the account only up to the amount in the written agreement.
(D) The DCTU shall provide written notification to
the guarantor of the customer's default, the amount owed by the guarantor,
and the due date for the amount owed.
(i) The DCTU shall allow the guarantor 16 days from
the date of notification to pay the amount owed on the defaulted account.
If the sixteenth day falls on a holiday or weekend, the due date shall
be the next work day.
(ii) The DCTU may transfer the amount owed on the defaulted
account to the guarantor's own service bill provided the guaranteed
amount owed is identified separately on the bill.
(E) The DCTU may disconnect service to the guarantor
for nonpayment of the guaranteed amount only if the disconnection
was included in the terms of the written agreement and only after
proper notice as described by subparagraph (D) of this paragraph,
and §26.28 of this title (relating to Suspension or Disconnection
of Service).
(11) Refunding deposits and voiding letters of guarantee.
(A) If service is not connected, or is disconnected,
the DCTU shall:
(i) promptly void and return to the guarantor all letters
of guarantee on the account; or
(ii) provide written documentation that the contract
has been voided; or
(iii) refund the applicant's or customer's deposit
plus accrued interest on the balance in excess of the unpaid bills
for service furnished.
(B) If residential service is disconnected, the DCTU
shall ensure that the deposit amount for local telecommunications
service is applied first to local telecommunications service charges.
(C) A transfer of service from one premise to another
within the service area of the DCTU is not a disconnection.
(D) The DCTU shall promptly refund the deposit plus
accrued interest to the customer, or void and return the guarantee,
or provide written documentation that the contract has been voided,
when the customer:
(i) paid bills for 12 consecutive residential billings
or for 24 consecutive non-residential billings without having service
disconnected for nonpayment;
(ii) was not late in paying a bill more than twice
in the last 12 consecutive billings (24 for non-residential); and
(iii) is not delinquent in the payment of the current
bill.
(E) If the customer does not meet the refund criteria
in subparagraph (D) of this paragraph, the DCTU may retain the deposit
and interest or the letter of guarantee.
(12) Re-establishment of credit.
(A) Before service is reconnected, the DCTU may require
an applicant whose service was previously disconnected for nonpayment
or theft of service, to reestablish credit and to pay:
(i) all amounts due the DCTU; or
(ii) execute a deferred payment agreement, if offered.
(B) The DCTU must prove that the amount due for services
furnished and any other charges required as a condition of local service
restoration are correct.
(C) The DCTU may require a residential applicant to
pay or execute a deferred payment agreement only for the total amount
due for tariffed local telecommunications service in order to receive
basic local telecommunications service.
(13) Customer credit and deposit information. A DCTU
shall safeguard customer credit and deposit information in accordance
with §26.122 of this title (relating to Customer Propriety Network
Information).
(b) Non-dominant certificated telecommunications utility
(NCTU).
(1) Credit requirements for permanent residential applicants.
An NCTU may require a residential applicant for local telecommunications
service to establish and maintain satisfactory credit as a condition
of providing service.
(A) Establishment of credit or payment of a deposit
shall not relieve any customer from complying with the NCTU's requirements
for prompt payment of bills.
(B) The creditworthiness of spouses established during
the last 12 months of shared service prior to their divorce will be
equally applied to both spouses for 12 months immediately after their
divorce.
(2) Amount of deposit. When an NCTU requires a deposit:
(A) The total of all deposits, initial and additional,
shall not exceed an amount equivalent to one-sixth of the estimated
annual billing.
(B) For residential applicants and customers:
(i) estimated annual billings shall not include long
distance charges from other non-affiliated service providers;
(ii) the deposit amount related to local telecommunications
service and long distance service shall be separately identified;
and
(iii) the deposit amount related only to basic local
telecommunications service may be required as a condition for providing
basic local telecommunications services.
(3) Interest on deposits.
(A) Each NCTU requiring deposits shall pay interest,
compounded annually, on these deposits. The annual rate shall be at
least equal to that set by the commission on or before December 1
of the preceding calendar year, pursuant to Texas Utilities Code Annotated §183.003
(relating to Rate of Interest).
(i) If a deposit is refunded within 30 days of receipt,
no interest payment is required.
(ii) If the utility keeps the deposit more than 30
days, payment of interest shall be made retroactive to the date of
deposit.
(B) Payment of interest shall be made at the time a
deposit is returned or credited to the customer's account.
(C) The deposit shall draw interest until the day it
is returned or credited to the customer's account.
(4) Notification to applicants and customers. When
a deposit is required, the NCTU shall explain to applicants or customers
the terms and conditions related to deposits and refunds.
(5) Records of deposits. The NCTU shall:
(A) Keep records to show:
(i) the name and address of each depositor;
(ii) the amount and date of the deposit; and
(iii) each transaction concerning the deposit;
(B) Issue a receipt of deposit to each applicant or
customer paying a deposit and provide means for a depositor to establish
claim if the receipt is lost;
(C) Keep deposit records for one year after a deposit
is refunded;
(D) Maintain each unclaimed deposit for at least four
years;
(E) Make a reasonable effort to return an unclaimed
deposit; and
(F) Upon the sale or transfer of any NCTU or any of
its operating units, provide the buyer with all deposit records.
(6) Refunding deposits.
(A) If service is not connected, or is disconnected,
the NCTU shall promptly refund the customer's deposit plus accrued
interest on the balance in excess of the unpaid bills for service
furnished.
(B) If residential service is disconnected, the NCTU
shall ensure that the deposit amount for local telecommunications
service is applied first to local telecommunications service charges.
(C) An NCTU shall refund the deposit and interest when
the customer meets the NCTU's refund criteria.
(7) Customer credit and deposit information. An NCTU
shall safeguard customer credit and deposit information in accordance
with §26.122 of this title.
(c) NCTU implementation. NCTUs shall implement this
section no later than March 1, 2001.
|
| Source Note: The provisions of this §26.24 adopted to be effective December 27, 2000, 25 TexReg 12653; amended to be effective April 25, 2005, 30 TexReg 2389; amended to be effective March 10, 2016, 41 TexReg 1681 |
