| (ix) shall allow either the customer or the DCTU to
renegotiate the deferred payment plan, if the customer's economic
or financial circumstances change substantially during the time of
the plan.
(F) A DCTU may disconnect a customer who does not meet
the terms of a deferred payment plan.
(i) The DCTU may not disconnect service until a disconnection
notice in accordance with §26.28 of this title has been issued
to the customer indicating that the customer has not met the terms
of the plan.
(ii) The DCTU may renegotiate the deferred payment
plan agreement before disconnection.
(iii) No additional notice is required if the customer:
(I) did not sign the deferred payment plan;
(II) is not otherwise fulfilling the terms of the plan;
and
(III) was previously provided a disconnection notice
for the outstanding amount.
(8) Residential partial payments. Residential service
payment shall first be allocated to basic local telecommunications
service.
(b) Nondominant certificated telecommunications utility
(NCTU).
(1) Application: Only paragraphs (3), (5) and (6) of
this subsection apply to a deregulated company holding a certificate
of operating authority or to an exempt carrier under PURA §52.154.
(2) Bill due date. The bill provided to the customer
shall include the payment due date, which shall not be less than 16
days after issuance.
(A) The issuance date is the postmark date on the envelope
containing the bill or the issuance date on the bill if there is no
postmark or envelope.
(B) Payment for service is delinquent if not received
at the NCTU or at the NCTU's authorized payment agency by close of
business on the due date.
(C) If the sixteenth day falls on a holiday or weekend,
then the due date shall be the next work day after the sixteenth day.
(D) If the due date shown on the bill falls on a holiday
or weekend, an NCTU shall include a statement on the bill or in the
terms and conditions of service that informs the customer that the
due date is extended to the next work day.
(3) Penalty on delinquent bills for retail service.
An NCTU providing any service to the state, including service to an
agency in any branch of government, shall not assess a fee, penalty,
interest, or other charge to the state for delinquent payment of a
bill.
(4) Billing adjustments.
(A) Overbilling. If charges are higher than the NCTU's
tariff, schedule, or price list terms and conditions of service, or
a customer-specific contract, an appropriate refund shall be made
to the customer:
(i) The refund shall be made for the entire period
of the overbilling.
(ii) If the overbilling is corrected within three billing
cycles of the initial bill in error, interest is not required to be
paid on the overcharge.
(iii) If the overbilling is not corrected within three
billing cycles of the initial bill in error, interest shall be paid
on the amount of the overcharges. The minimum interest to be paid
shall be based on the rate set by the commission on or before December
1 of the preceding calendar year, compounded monthly, and accruing
from the date of payment or the initial date of the bill in error.
(iv) The refund may be made by a credit on a subsequent
bill, unless the customer requests otherwise.
(B) Underbilling. If charges are found to be lower
than authorized by the NCTU's tariff, schedule, or price list, terms
and conditions of service, or a customer-specific contract, or if
the NCTU failed to bill the customer for service, then:
(i) The customer may be backbilled for the amount that
was underbilled for no more than six months from the date the initial
error was discovered unless underbilling is a result of theft of service
by the customer.
(ii) Service may be disconnected if the customer fails
to pay charges arising from an underbilling.
(iii) If the underbilling is $50 or more, the NCTU
shall offer the customer a payment plan option for the same length
of time as that of the underbilling. A payment plan need not be offered
to a customer whose underpayment is due to theft of service.
(iv) Interest on underbilled amounts shall:
(I) not be charged unless such amounts are found to
be the result of theft of service by the customer; and
(II) not exceed an amount based on the rate set by
the commission on or before December 1 of the preceding calendar year,
compounded monthly, and accruing from the day the customer is found
to have first tampered with, bypassed, or diverted service.
(5) Disputed bills. If there is a dispute between a
customer and an NCTU about any bill for NCTU service, the NCTU shall:
(A) investigate and report the results to the customer;
and
(B) inform the customer of the complaint procedures
of the commission in accordance with §26.30 of this title if
the dispute is not resolved.
(6) Notice of alternative payment programs or payment
assistance. When a customer contacts an NCTU and indicates inability
to pay a bill or need of assistance with payment, the NCTU shall inform
the customer of any alternative payment options and payment assistance
programs available to the customer.
(7) Residential partial payments. Residential service
payment shall first be allocated to basic local telecommunications
service.
(c) NCTU implementation. NCTUs shall implement this
section no later than March 1, 2001.
|
| Source Note: The provisions of this §26.27 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; amended to be effective March 10, 2016, 41 TexReg 1681 |
