20090512negotiated_rulemaking_order_no_30802.pdf

Office of the Secretary
Service Date
May 12, 2009
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE COMMISSION'
REVIEW OF THE TELEPHONE
CUSTOMER RELATIONS RULES, IDAP
31.41.01.000 ET SEQ.NOTICE OF
NEGOTIATED RULEMAKING
CASE NO. GNR-09-
ORDER NO. 30802
Recently a customer of Qwest Corporation filed an informal complaint with the
Commission s Consumer Division regarding Qwest's practices for billing customers who choose
to pay by electronic funds transfer. The customer complained that Qwest's electronic billing
does not comply with Commission Rules. Specifically, Rule 201 of the Commission
Telephone Customer Relations Rules requires that a due date be stated on customer bills.
IDAPA 31.41.01.201. For customers who choose to pay their bill by electronic debit to their
credit card, Qwest's monthly statement shows the amount that will be charged to the customer
credit card approximately three to five days following the bill date, but does not state a separate
due date. Qwest stated in response to the customer s complaint that there is no due date on the
statement, because "there is nothing for the customer to do." Qwest asserted the requirement in
Rule 201 that the bill contain a due date does not apply in this situation because "these customers
- at their option - have made other arrangements in advance for payment of the bill.
Staff reviewed the customer s complaint and Qwest s response in light of the
requirements of the Commission s Telephone Customer Relations Rules. Staff identified another
potential billing issue in Rule 202. Rule 202 specifies a minimum amount of time a telephone
utility must allow for payment of bills following the billing date, but the rule does not
specifically address the timing for automatic payment transactions. IDAP A 31.41.01.202. Staff
recommended the Commission initiate a rulemaking procedure to consider these and other issues
that may require updating the Commission s Telephone Customer Relations Rules.
DISCUSSION
Rules 201 and 202 of the Telephone Customer Relations Rules became effective in
July 1993. At that time, most if not all telecommunications customers paid their utility bills by
check mailed to the utility company. Accordingly, the Commission s Telephone Customer
NOTICE OF NEGOTIATED RULEMAKING
ORDER NO. 30802
Relations Rules do not address issues that may be different for electronic payment methods now
available to customers. I The Commission has determined it is appropriate to initiate a review of
the Telephone Customer Relations Rules and to update our rules to comport with the changes
that have occurred in the telecommunications industry since 1993. By this Order, the
Commission directs the Staff to schedule and convene public workshops to review the Telephone
Customer Relations Rules and propose amendments to our rules.
To address the customer complaint, the Commission finds there is a sufficient record
to act on the complaint. The Commission finds it is appropriate to grant Qwest and other
telecommunications companies a temporary exemption from the requirements of Rules 201 and
202 requiring customer bills to state a due date and minimum processing time for customers who
elect to participate in electronic billing and to pay by automatic transfer of funds, pending
completion of the rules review.
ORDER
IT IS HEREBY ORDERED that the Commission initiate a negotiated rulemaking
process to review its Telephone Customer Relations Rules, IDAP A 31.41.01.000 et seq. Staff is
directed to develop a schedule for public workshops and provide notice to telecommunications
companies and public interest entities that may want to participate in the rulemaking process.
IT IS FURTHER ORDERED that telephone companies that receive payments by
customers using automatic transfer of funds are temporarily exempt from the requirements of
IDAPA 31.41.01.201 and .202 requiring a due date and a minimum processing period on the
billing statement, pending completion of the review of the Commission s Telephone Customer
Relations Rules.
IT IS FURTHER ORDERED that persons desiring to participate in the negotiated
rulemaking to review the Commission s Telephone Customer Relations Rules should notify the
Commission Secretary to be placed on the service list to receive notices of public workshops.
1 The Commission has previously authorized electronic billing for telecommunications services in Order Nos. 29893
and 29914.
NOTICE OF NEGOTIATED RULEMAKING
ORDER NO. 30802
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this /,;J.. 1-J..
day of May 2009.
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JI . KEMPT , P SIDENT
tk (J .f.
MARSHA H. SMITH, COMMISSIONER
ATTEST:~fJJe D. Jewell
Commission Secretary
bls/O:GNR-09-
NOTICE OF NEGOTIATED RULEMAKING
ORDER NO. 30802