| (xvi) how a customer with a physical disability, and
those who care for them, can identify themselves to the CTU so that
special action can be taken to appropriately inform these persons
of their rights; and
(xvii) if a CTU is offering Lifeline Service in accordance
with §26.412 (relating to Lifeline Service Program), how information
about customers who qualify for Lifeline Service may be shared between
each relevant state agency and the customer's phone service provider.
(5) Notice of changes. A CTU must provide each customer
written notice between 30 and 60 calendar days in advance of a material
change in the terms and conditions of service or customer rights and
must give each customer the option to decline any material change
in the terms and conditions of service and cancel service without
penalty due to the material change in the terms and conditions of
service. This paragraph does not apply to changes that are beneficial
to the customer such as a price decrease or changes required by law.
(6) Right of cancellation.
(A) A CTU must provide each residential applicant and
customer the right of rescission in accordance with applicable law.
(B) If a residential applicant or customer enrolls
in a contract with a minimum duration exceeding 31 days, a CTU must
promptly provide the applicant or customer with the terms and conditions
of service after the applicant or customer has provided authorization
to CTU. The CTU must offer the applicant or customer a right to cancel
the contract without penalty or fee for a period of six working days
after the terms and conditions of service are mailed or sent electronically
to the applicant or customer.
(c) Dominant certificated telecommunications utility
(DCTU). In addition to the requirements of subsection (b) of this
section, the following requirements apply to residential customers
and business customers with five or fewer customer access lines.
(1) Prior to acceptance of service. Before an applicant
signs a contract for service, or a DCTU accepts any money for new
residential service or transfers a customer's existing residential
service to a new location, the DCTU must provide to each applicant
the following:
(A) information relating to the DCTU's residential
service alternatives, beginning with the lowest-priced option, and
the range of service offerings available within the applicant's service
area with full consideration to the cost associated with applicable
equipment options and installation charges; and
(B) a statement written in plain English or Spanish
that clearly informs the applicant about the availability of Lifeline
Service.
(2) Customer rights.
(A) If a DCTU provides the same information as required
by subsection (b)(4)(C) of this section in the telephone directories
provided to each customer in accordance with §26.128 of this
title (relating to Telephone Directories), the DCTU must provide a
printed statement on each customer's bill or a billing insert identifying
the location of the information within the telephone directory. The
statement or billing insert must be provided to customers at least
every six months.
(B) The information required by subsection (b)(4)(C)
of this section and this subsection must be provided in plain English
and Spanish; however, a DCTU is exempt from the Spanish language requirement
if 10% or fewer of its customers are exclusively Spanish-speaking.
If the DCTU is exempt from the Spanish language requirement, it must
notify each customer through a statement provided in plain English
and Spanish, in the customer rights disclosures that the information
is available in Spanish from the DCTU, by mail or from the DCTU's
offices.
(C) The information required in subsection (b)(4)(C)
of this section must also include:
(i) the customer's right to information about rates
and services;
(ii) the customer's right to inspect or obtain at reproduction
cost a copy of the applicable tariffs and service rules;
(iii) information on prohibitions for disconnection
of local service for the ill and disabled;
(iv) information on the availability of prepaid local
telephone service as required by §26.29 of this title (relating
to Prepaid Local Telephone Service (PLTS)); and
(v) information regarding privacy issues as required
by §26.121 of this title (relating to Privacy Issues).
|
| Source Note: The provisions of this §26.31 adopted to be effective December 27, 2000, 25 TexReg 12653; amended to be effective November 27, 2002, 27 TexReg 10915; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524 |
