| (B) The company's name as registered with the commission.
A "doing business as" name may only be used if officially filed with
the commission. The language must clearly indicate that the company
is providing the prepaid calling card services;
(C) The toll-free number as required by subsection
(i) of this section;
(D) The billing increment expressed in minutes or fractions
of minutes and maximum charge per billing increment for prepaid calling
card services for local, intrastate, interstate, and international
calls will be provided to the customer through a toll-free number
printed on the card;
(E) The expiration policy, if the card cannot be used
after a date certain. If an expiration date is not disclosed at the
time of purchase, the prepaid calling services will be considered
active until the prepaid calling services account is completely depleted;
(F) The recharge policy, if applicable. If an expiration
date is not disclosed at the time prepaid calling services are recharged,
the services will be considered active until the prepaid calling services
account is completely depleted;
(G) The policy for rounding billing increments, if
applicable;
(H) A statement that if a customer is unable to resolve
a complaint with the company that the customer has the right to contact
the state regulatory agency which has jurisdiction within the state
where the prepaid calling services were purchased; and
(I) A statement that:
(i) Notifies a customer of the customer's extent of
liability for lost or stolen cards, if there is liability; and
(ii) Warns a customer to safeguard the card against
loss or theft.
(3) If a customer asks a prepaid calling services company
how to file a complaint, the company must provide the following contact
information: PUCT, Consumer Protection Division, P.O. Box 13326, Austin,
Texas 78711-3326; phone: (512) 936-7120 or in Texas (toll-free) 1-888-782-8477;;
e-mail address: consumer@puc.texas.gov; Internet address: www.puc.texas.gov;
and Relay Texas (toll-free): 1-800-735-2989.
(g) Verbal disclosure requirements for prepaid calling
services. Prepaid calling services companies must provide an announcement:
(1) At the beginning of each call indicating the domestic
minutes, billing increments, or dollars remaining on the prepaid calling
services account or prepaid calling card; and
(2) When the prepaid account or card balance is about
to be completely depleted. This announcement must be made at least
one minute or billing increment before the time expires.
(h) Registration requirements for prepaid calling services
companies. All prepaid calling services companies must register with
the commission in accordance with §26.107 of this title (relating
to Registration of Interexchange Carriers (IXCs), Prepaid Calling
Services Companies (PPC), and Other Nondominant Telecommunications
Carriers.
(i) Business and technical assistance requirements
for prepaid calling services companies. A prepaid calling services
company must provide a toll-free number with a live operator to answer
incoming calls 24 hours a day, seven days a week or electronically
voice record customer inquiries or complaints. A combination of live
operators or recorders may be used. If a recorder is used, the prepaid
calling services company must attempt to contact each customer no
later than the next working day following the date of the recording.
Personnel must be sufficient in number and expertise to resolve customer
inquiries and complaints. If an immediate resolution is not possible,
the prepaid calling services company must resolve the inquiry or complaint
by calling the customer or, if the customer requests, in writing within
ten working days of the original request. In the event a complaint
cannot be resolved within ten days of the request, the prepaid calling
services provider must advise the complainant in writing of the status
and subsequently complete the investigation within 21 days of the
original request.
(j) Requirements for refund of unused balances. If
a prepaid calling services company fails to provide service at the
rates disclosed at the time of initial purchase or at the time an
account is recharged, or fails to meet technical standards, the prepaid
calling services company must either refund the customer for each
unused prepaid calling service or provide equivalent service.
(k) Requirements when a prepaid calling services company
terminates operations in this state.
(1) When a prepaid calling services company expects
to terminate operations in this state for any reason, the company
must at least 30 days prior to the termination of operations:
(A) Notify the commission in writing:
(i) That operations will be ending;
(ii) Of the date of the termination of operations;
and
(iii) That the company certifies that the actions required
by this subsection have been completed;
(B) Notify each customer at the address on file with
the company, if applicable, that operations will be ending the date
of the termination of operations, and explain how customers may receive
a refund or equivalent services for any unused services;
(C) Announce the termination of operations at the beginning
of each call, including the date of termination and a toll-free number
to call for more information; and
(D) Provide to customers via its toll-free customer
service number the procedure for obtaining refunds and continue to
provide this information for at least 60 days after the date the company
terminates operations.
(2) Within 24 hours after ceasing operations, the prepaid
calling services company must deliver to the commission a list of
names, if known, and account numbers of all customers with unused
balances. For each customer, the list must include the following:
(A) The identification number used by the company for
billing and debit purposes; and,
(B) The unused time, stated in minutes, as applicable,
and the unused dollar amount of the prepaid calling services account.
(l) Date of compliance for prepaid calling card services
companies. Prepaid calling service offered for sale in the state of
Texas and each prepaid calling services company must be in compliance
with this rule within six months of the effective date of this section.
(m) Compliance and enforcement.
(1) Administrative penalties. If the commission finds
that a prepaid calling services company has violated any provision
of this section, the commission will order the company to take corrective
action, as necessary, and the company may be subject to administrative
penalties and other enforcement actions under PURA, Chapter 15.
(2) Enforcement. The commission will coordinate its
enforcement efforts against a prepaid calling services company for
fraudulent, unfair, misleading, deceptive, or anticompetitive business
practices with the Office of the Attorney General to ensure consistent
treatment of specific alleged violations.
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