4101-0101_APA_TempProp.doc

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION

31.41.01 – CUSTOMER RELATION 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 LAW OR THE
TELECOMMUNICATIONS ACT OF 1988
(THE TELEPHONE CUSTOMER RELATION RULES).

DOCKET NO. 31-4101-0101

NOTICE OF TEMPORARY AND PROPOSED RULE

EFFECTIVE DATE: The effective date of this temporary rule is July 16, 2001.

AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226, Idaho Code, notice is hereby given that the Idaho Public Utilities Commission has adopted a temporary rule and proposed regular rulemaking procedures. This action is authorized pursuant to Sections 61-302, 61-303, 61-507 and 62-622(5), Idaho Code, and Sections 64.1100 through 64.1120, 64.1140 through 64.1170, and 64.1190, Title 47, Code of Federal Regulations (October 1, 2000).

PUBLIC HEARING SCHEDULED. A public hearing concerning this rulemaking will be scheduled only if requested in writing by twenty-five (25) persons, a political subdivision or an agency, no later than July 18, 2001. 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 following is a non-technical explanation of the substance and purpose of the proposed rulemaking:

On November 28, 2000, the Federal Communications Commission (FCC) promulgated regulations that prohibit a telecommunications carrier from submitting or executing an unauthorized change in a telephone customer’s selection of a provider for local or long-distance telephone service. This practice is commonly referred to as “slamming.” The FCC has authorized state regulatory commissions to enforce the slamming rules. Thus far, thirty-three (33) states administer the FCC slamming rules.

The Commission’s temporary rule adopts the FCC slamming rules. Thus, Idaho customers and carriers may file slamming complaints with the Commission instead of with the FCC in Washington, D.C.

Generally, a customer whose telecommunications provider is changed without authorization has two remedies. First, if the customer has not already paid the charges to the unauthorized carrier, the customer is absolved of liability for charges imposed for the first thirty (30) days after the unauthorized change of service. Charges for calls or service beyond the thirty (30) day limit must be paid by the customer to the authorized carrier at the authorized carrier’s rates, even though the service was provided by the slamming carrier. On the other hand, if the customer has already paid the charges, then the unauthorized carrier shall pay an amount equal to one hundred fifty percent (150%) of all charges paid by the customer. This amount shall be paid to the authorized carrier who will keep one hundred percent (100%) of the unauthorized charges and then distribute the remaining fifty percent (50%) to the customer.

TEMPORARY RULE JUSTIFICATION: Pursuant to Sections 67-5226(1)(b) and 67-5226(1)(c), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons: Adoption of the FCC slamming rules protects the public welfare and confers a benefit upon members of the public.

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

NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.811, informal negotiated rulemaking was conducted. On December 4, 2000, the Commission issued a Notice of Modified Procedure to all telecommunications carriers and interested persons requesting public comments on this matter. Timely comments were filed by the Idaho Attorney General’s Office, the Commission Staff, Qwest Corporation, WorldCom, and AT&T Communications. Based upon the Commission’s review of the FCC slamming rules and comments filed in PUC Docket No. GNR-T-00-38, the Commission issued Order No. 28644 on February 12, 2001, finding that it was in the public interest to adopt and administer the FCC slamming rules.

ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the temporary and proposed rule, contact Beverly Barker, Consumer Assistance, [phone]. Anyone may submit written comments regarding the proposed rulemaking. All written comments must be directed to the undersigned and must be delivered on or before July 25, 2001.

DATED this day of May 2001.

Jean D. Jewell
Commission Secretary
Idaho Public Utilities Commission Street Address:
PO Box 83720 472 W. Washington St.
Boise, ID 83720-0074 Boise, ID (83702-5983)
Tele: [phone]
FAX: [phone]