31-4101-0001_PUCnotice_prop.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE AMENDMENTS TO THE COMMISSION’S TELEPHONE CUSTOMER RELATIONS RULES (IDAPA 31.41.01.000 et seq.).
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) CASE NO. 31-4101-0001

NOTICE OF PROPOSED
RULEMAKING

BY THIS NOTICE WE PROPOSE to amend Rules 107, 302, 304, 305, 310, 401 and 502 of the Commission’s Telephone Customer Relations Rules (IDAPA 31.41.01.000). The most recent modification to the Telephone Customer Relations Rules occurred in April 2000.
The Commission’s proposed change to Rule 107 allows telephone companies the option of returning a customer’s deposit by either crediting the customer’s bill or issuing a refund. The proposed change to Rules 302 and 310 eliminates obsolete references to Rule 313, which no longer exists. The proposed change to Rule 304 clarifies and simplifies termination notice procedures, and the proposed change to Rule 305 eliminates the entire rule regarding special termination notice requirements in instances of unexplained high long distance usage. The proposed change to Rule 401 corrects a typographical error. Finally, the proposed change to Rule 502 reduces the time period that telephone companies are required to keep trouble report records from five years to two years.
NOTICE OF PROPOSED RULEMAKING
The Idaho Public Utilities Commission hereby gives notice of its proposal to amend its Telephone Customer Relations Rules (IDAPA 31.41.01.000). Two appendices are attached to this Notice. Appendix A is a Notice of Proposed Rule suitable for transmission to the Administrative Rules Coordinator. As explained in Appendix A, the comment deadline for this Notice of Proposed Rulemaking is October 25, 2000. The proposed rules are shown in Appendix B in legislative format.

PROPOSED by the Idaho Public Utilities Commission at Boise, Idaho this day of August 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

N:31-4101-0001_PUCnotice

IDAPA 31—IDAHO PUBLIC UTILITIES COMMISSION
31.41.01—CUSTOMER RELATIONS RULES FOR TELEPHONE
CORPORATIONS PROVIDING LOCAL EXCHANGE OR INTRASTATE
MTS/WATS SERVICE IN IDAHO SUBJECT TO CUSTOMER SERVICE
REGULATION BY THE IDAHO PUBLIC UTILITIES COMMISSION UNDER
THE PUBLIC UTILITIES LAW OR THE TELECOMMUNICATIONS ACT
OF 1988 (THE TELEPHONE CUSTOMER RELATIONS RULES)

DOCKET NO. 31-4101-0001

NOTICE OF PROPOSED RULE

AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the Public Utilities Commission’s proposed rulemaking. This action is authorized pursuant to Sections 61-502 and 61-601, Idaho Code.

PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be scheduled only if requested in writing by twenty-five (25) persons, political subdivision, or an agency, no later than October 18, 2000. The hearing site will be accessible to persons with disabilities. Requests for accommodations must be made no later than five (5) days prior to the hearing, to the Commission’s address set out below.

DESCRIPTIVE SUMMARY: The Commission is proposing several changes to its Customer Relations Rule. First, the Commission is proposing to modify Rule 107 to allow deposits to be credited to a customer’s account or refunded to the customer. The Commission is also proposing to simplify and clarify the procedures for terminating telephone service. Next, the Commission proposes to eliminate its rule governing the termination of local exchange service for unexplained or large long-distance usage. The Commission is also proposing to reduce the amount of time that telephone records be retained from five (5) years to two (2) years. Finally, the Commission is making other non-substantive changes to delete obsolete references and correct spelling.

FEE SUMMARY: There are no fees associated with this proposed rulemaking.

NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.0811, negotiated rulemaking was not conducted because several of the changes were recommended by utilities and the non-substantive nature of other changes.

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the proposed rule, contact Beverly Barker, Deputy Administrator, [phone].

Anyone may submit written comments regarding these proposed rules. All written comments must be directed to the undersigned and must be delivered on or before October 25, 2000.
DATED at Boise, Idaho this day of August 2000.

Myrna J. Walters
Commission Secretary
Idaho Public Utilities Commission Street address for express delivery:
PO Box 83720 472 W Washington
Boise, ID 83720-0074 Boise, Idaho
Telephone: [phone]
Facsimile: [phone]

IDAPA 31
TITLE 41
Chapter 01
31.41.01 - CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS PROVIDING LOCAL EXCHANGE OR INTRASTATE MTS/WATS SERVICE IN IDAHO SUBJECT TO CUSTOMER SERVICE REGULATION BY THE IDAHO PUBLIC UTILITIES COMMISSION UNDER THE PUBLIC UTILITIES LAW OR THE
TELECOMMUNICATIONS ACT OF 1988
(THE TELEPHONE CUSTOMER RELATIONS RULES)

107. RETURN OF DEPOSIT--LECS (Rule 107).
01. Former Customers. Upon termination of service, the deposit, with accrued interest, must be credited to the final bill. The balance of the deposit remaining, if any, must be returned promptly to the customer. (7-1-93)( )

02. Existing Customers. Unless the customer has requested that the deposit be credited to future bills, tThe deposit, with accrued interest, must either be credited to the customer’s current bill or be refunded promptly by the local exchange company when: (7-1-93)( )

a. The residential customer establishes and maintains good credit; or (7-1-93)

b. The small business customer maintains good credit and is not delinquent more than once in the previous twelve (12) months. (7-1-93)

03. Retention During Dispute. The local exchange company may retain the deposit pending resolution of a dispute over termination of service. If the deposit is later refunded to the customer, the local exchange company shall pay interest at the annual rates established in Rule 106 for the entire period over which the deposit was held. (7-1-93)

04. Early Return Of Deposit. A local exchange company may refund a deposit plus accrued interest in whole or part at any time before the time prescribed in this rule. (7-1-93)

(BREAK IN CONTINUITY OF SECTIONS)

302. GROUNDS FOR DENIAL OR TERMINATION OF LOCAL EXCHANGE SERVICE, WITH PRIOR NOTICE (Rule 302).
Subject to Rule 313, a A telephone company may deny or terminate local exchange service to a customer or applicant without the customer’s or applicant’s permission, but only after adequate notice has been given in accordance with these rules, for one (1) or more of the following reasons: (1-1-95)( )

01. Customer Did Not Pay Undisputed Delinquent Bills. The customer or applicant did not pay undisputed delinquent bills for local exchange services or paid a delinquent bill for local exchange services with any dishonored check. (1-1-95)

02. Customer Failed To Make A Security Deposit. The customer or applicant failed to make a security deposit or obtain a guarantee, when one is required. (7-1-93)

03. Customer Failed To Abide By Terms. The customer or applicant failed to abide by the terms of a payment arrangement. (7-1-93)

04. Customer Misrepresented Identity. The customer or applicant misrepresented the customer’s or applicant’s identity for the purpose of obtaining telephone service. (7-1-93)

05. Customer Is Willfully Wasting Or Interfering With Service. The telephone company determines as prescribed by relevant state or other applicable standards that the customer or applicant is willfully wasting or interfering with service through improper equipment or otherwise. (7-1-93)

06. Customer Is Using Service(s) For Which The Customer Or Applicant Did Not Apply. (7-1-93)

(BREAK IN CONTINUITY OF SECTIONS)

304. REQUIREMENTS FOR NOTICE BEFORE TERMINATION OF LOCAL EXCHANGE SERVICE—ORDINARY CIRCUMSTANCES (Rule 304).
01. Seven-Day Notice. If the telephone company intends to terminate local exchange service under Rule 302, it must send to the customer written notice of termination mailed at least seven (7) calendar days before the.proposed date of termination. This written notice must contain the information required by Rule 306. This seven-day notice does not apply under the conditions described in Rule 304.04. (1-1-95)( )

02. Twenty-Four Hour Notice. At least twenty-four (24) hours before actual termination, the telephone company must diligently attempt to contact the customer affected to apprise the customer of the proposed action and steps to take to avoid or delay termination. This oral notice must contain the same information required by Rule 306. The twenty-four (24) hour notice does not apply under the conditions described in Subsection 304.04. (7-1-99)( )

03. Additional Notice. If local exchange service is not terminated within seven (7) calendar days after the proposed termination date and the matter is not the subject of a pending complaint before this Commission, or other arrangements have not been made with the customer, the telephone company shall again make a diligent effort to contact the customer to advise the customer of the proposed action. If the telephone company has not terminated service within twenty-eightone (281) days of mailing after the proposed termination date as specified in a written notice of termination, the telephone company must again issue a written provide notice under Rules 304.01 and 304.02 if it still intends to terminate service. Actual termination is prohibited until a minimum of twenty-four (24) hours after notice or the diligent attempt to notify. (1-1-95)( )

04. Failure To Pay--Payment With Dishonored Check. The requirement of seven (7) days’ written No additional notice of termination is required does not apply if, the customer has been provided with a seven (7) day notice within the past twenty-eight (28) days, and upon receipt of a termination notice: (7-1-99)( )

a. The customer does not makes a payment in accordance with an agreed to payment arrangement and subsequently fails to keep that arrangement; or (7-1-99)( )

b. The customer tenders payment with a dishonored check. (7-1-99)

305. (RESERVED). REQUIREMENTS FOR NOTICE BEFORE TERMINATION OF LOCAL EXCHANGE SERVICE—UNEXPLAINED HIGH USAGE (Rule 305).
01. Special Rules Apply. Rule 304’s requirement of seven (7) days’ written notice does not apply to exchanges exempted under Rule 313.02 when the reason for termination of local exchange service is related to unexplained, excessive increases in the amounts of usage not flat-rate billed (whether already billed or as yet unbilled) and the risk of nonpayment by the customer is evident. (1-1-95)

02. Contact With Customer. The telephone company cannot make this determination without first contacting the customer or making a diligent attempt to contact the customer to determine whether the customer is aware of the usage, the reason for the increased usage, and the customer’s ability to pay the charges when due. (7-1-93)

03. Termination. If the telephone company is unable to contact the customer, it may terminate local exchange service not less than three (3) days (excluding days when there is no mail delivery) after mailing a statement explaining its reasons for terminating service. If the customer has been contacted, the telephone company may terminate local exchange service not less than one (1) day after the contact if neither suitable explanation or suitable assurances of payment are given. Termination of local exchange service under this rule is subject to Rule 313. (1-1-95)

04. Evidence Of Risk. Factors indicating a risk of nonpayment include, but are not limited to: (7-1-93)

a. No or inadequate deposit on file; (7-1-93)

b. A past history of nonpayment, payment of less than the total amount due, or payment with dishonored checks; or (7-1-93)

c. Accumulated MTS charges and unbilled charges for local exchange service exceed one hundred dollars ($100) in a one-month period. (1-1-95)

05. Prevention Of Fraud. If the customer is not aware of the usage and evidence of fraud or.unauthorized usage exists, the telephone company must take immediate appropriate action to prevent future fraud or unauthorized usage. (7-1-93)

06. Additional Deposit Or Guarantee. If the customer is aware of the usage and can provide adequate assurance to the company that present and future bills for that usage will be paid, no further action may be taken by the company. A customer may be asked to pay a deposit, obtain a guarantee, or increase a deposit or guaranteed amount to provide adequate assurance of payment according to the formula for determining a deposit or guarantee amount in Rule 105. (7-1-93)

(BREAK IN CONTINUITY OF SECTIONS)

310. INSUFFICIENT GROUNDS FOR TERMINATION OF LOCAL EXCHANGE SERVICE (Rule 310).
No customer shall be given notice of termination of local exchange services nor shall the customer’s local exchange service be terminated if: (1-1-95)

01. Less Than Fifty Dollars. The customer’s unpaid bill cited as grounds for termination is less than fifty ($50) dollars. (7-1-99)

02. Telephone Service To Any Other Customer Or Former Customer. The unpaid bill cited as grounds for termination is for telephone service to any other customer or former customer (unless that customer has a legal obligation to pay the other bill) or for any other class of service. (1-1-95)

03. Results From The Purchase Of MTS And Other Services. The unpaid bill cited as grounds for termination of service results from the purchase of MTS and other services, including but not limited to: (1-1-95)

a. Directory advertising; (1-1-95)

b. Information services, operator services or other services not provided by local exchange companies; (1-1-95)

c. Leased or purchased customer premises equipment or other merchandise; or (1-1-95)

d. Inside wire maintenance. (See Rule 313). (1-1-95)( )

04. Other Person Has An Unpaid Balance For Service. The customer lives at a residence where another person lives and the other person has an unpaid balance for service, except when the customer has a legal obligation to pay the other persons’s bill. (1-1-95)

(BREAK IN CONTINUITY OF SECTIONS)

401. COMPLAINT TO TELEPHONE COMPANY (Rule 401).
01. Subject Matter. A customer or applicant for service may complain to the telephone company about any deposit or guarantee required as a condition of service, billing, termination of service, quality or availability of service, or any other matter regarding telephone company services, policies or practices for local exchange service, MTS, operator and directory assistance services, or other services. The customer or applicant may request a conference with the telephone company, but this provision does not affect any statute of limitation that might otherwise apply. Complaints to the telephone company may be made orally or in writing. A complaint is considered filed when received by the telephone company. In making a complaint or request for conference, the customer or applicant shall state the customer’s or applicant’s name, service address, telephone number and the general nature of the complaint. (7-1-93)

02. Obligations For Billing Disputes. A local exchange company that bills and collects for other entities is responsible for either addressing complaints for all services and merchandise billed or for providing the customer with the mailing address(es) or toll-free telephone numbers so the customer may contact the supplier of services or merchandise billed. If the customer informs the LEC that another company’s charge is disputed, the LEC must stop any payment allocations to the disputed charge.The disputed charge must be permanently removed from the LEC’s bill no later than two (2) billing cycles following the billing cycle during which the complaint is registered unless the customer agrees to pay the disputed bill prior to that time. (7-1-99)

03. Conference. Upon receiving a complaint or a request for conference, the telephone company shall promptly, thoroughly and completely investigate the complaint, confer with the customer or applicant when requested, and notify the customer or applicant of the results of its investigation and make a good faith attempt to resolve the complaint. The oral or written notification shall advise the customer or applicant that the customer or applicant may request the Commission to review the telephone company’s proposed disposition of the complaint. (7-1-93)( )

04. Service Maintained. The telephone company shall not terminate service based upon the subject matter of the complaint while investigating the complaint or making a good-faith attempt to resolve the complaint. (7-1-93)

(BREAK IN CONTINUITY OF SECTIONS)

502. RESPONSE TO SERVICE OUTAGE (Rule 502).
01. Receipt And Recording Of Reports. Each telephone company providing local exchange service pursuant to Title 61, Idaho Code, shall provide for the receipt of customer trouble reports at all hours and make a full and prompt investigation of and response to all reports. The telephone company shall maintain an accurate record of trouble reports made by its customers. This record shall include accurate identification of the customer or service affected, the time, date and nature of the report, the action taken to clear the trouble or satisfy the customer, and the date and time of trouble clearance or other disposition. This record shall be available to the Commission or its authorized representatives upon request at any time within five two years of the date of the record. (7-1-93)( )

02. Repair Commitments. Commitments to customers for repair service shall be set in accordance with Rule 503. Each telephone company shall make every reasonable attempt to fulfill repair commitments to customers. Customers shall be timely notified of unavoidable changes. Failure to meet a repair commitment does not relieve the telephone company of the credit provisions in Rule 503.01, unless the customer fails to keep an appointment the customer agreed to when the original commitment was made. (7-1-93)

NOTICE OF PROPOSED RULEMAKING -1-

APPENDIX A

APPENDIX B

Office of the Secretary
Service Date
August 28, 2000