4101-0101_APA_TempProp_Rules.doc

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 LAW OR THE
TELECOMMUNICATIONS ACT OF 1988
(THE TELEPHONE CUSTOMER RELATIONS 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 64.1170, 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]

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)

012. INCORPORATION BY REFERENCE—CODE OF FEDERAL REGULATIONS (Rule 12).
Sections 701 through 703 incorporate by reference federal regulations issued by the Federal Communications Commission. The incorporated regulations are found in the Code of Federal Regulations available from the U.S. Government Printing Office, Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954. The incorporated federal regulations are also available in electronic format at www.access.gpo.gov/nara. Incorporated materials are also available for inspection and copying at the offices of the Public Utilities Commission and the Idaho State Law Library. ( )T

0123. -- 099. (RESERVED).

(BREAK IN CONTINUITY OF SECTIONS)

606. REMOVING CHARGES FOR IMPROPERLY CHANGING A CUSTOMER’S TELEPHONE COMPANY (Rule 606).
If a customer objects to a charge for changing the customer’s telephone company, and contends that the customer did not authorize a change in the telephone company, the customer’s original service provider must be reinstated by the customer’s local exchange company upon customer request. Any charges for changing telephone companies shall be waived, credited or refunded to the customer but shall be imposed on the telephone company requesting the change unless it can verify the customer authorized the change and was informed of the charge for the change.
(7-1-99)

6076. -- 999700. (RESERVED).

RULES 701 THROUGH 800—SLAMMING PROVISIONS

701. THE UNAUTHORIZED CHANGE OF A CUSTOMER’S TELEPHONE COMPANY (Rule 701).
Local exchange companies and interexchange carriers are prohibited from submitting or executing an unauthorized change in a customer’s selection of a provider of local or long distance telephone service. This practice is commonly referred to as “slamming.” The Commission will administer the Federal Communications Commission’s regulations regarding slamming. ( )T

702. ADOPTION OF FEDERAL SLAMMING REGULATIONS—(Rule 702).
The Commission adopts the slamming regulations promulgated by the Federal Communications Commission and found at Sections 64.1100 through 64.1170 and 64.1190, Title 47, Code of Federal Regulations (October 1, 2000). Local exchange companies and interexchange carriers shall comply with applicable provisions of the federal regulations adopted by reference except as modified in Section 703 of these rules. ( )T

703. STATE PROCEDURES (Rule 703).
The federal slamming procedures incorporated by reference in Section 702 of these rules are modified as follows: ( )T

01. Form. Complaints regarding an unauthorized carrier change may be filed with the Commission in person, by mail, by e-mail, or by telephone. E-mail complaint forms may be found at www.puc.state.id.us. A copy of the telephone bill(s) in dispute and other relevant evidence shall be provided to the Commission by the complaining party. The slamming complaint shall include the following information: ( )T

Name, address and telephone number of complainant; ( )T
Name/identity of the alleged slamming carrier; ( )T
Name of the previous authorized carrier; ( )T
Name of the billing entity; ( )T
Date the alleged slamming occurred; ( )T
Whether the customer has been restored to the preferred carrier; ( )T
Whether the customer has paid any or all of the disputed charges; ( )T
Efforts in attempting to resolve the alleged slamming; and ( )T
Whether the customer was charged for changing carrier(s). ( )T

Procedure. The Commission’s Consumer Assistance Staff shall be responsible for resolving slamming complaints under the Commission’s informal complaint procedures in Sections 21 through 24, IDAPA 31.01.01.021 through .024. Not later than twenty-one (21) calendar days after notification of a slamming complaint, the alleged unauthorized carrier shall provide to the Consumer Assistance Staff a copy of any valid proof of verification of the carrier change and any other evidence relevant to the complaint. Use of the Commission’s informal complaint procedures are mandatory. ( )T

Written Determination. When its informal investigation is complete, the Consumer Assistance Staff shall issue a written determination to the customer, alleged unauthorized carrier, and the authorized carrier. ( )T

04. Appeal of Staff Determination. A customer or carrier aggrieved by the Consumer Assistance Staff’s determination of a slamming complaint may file a formal complaint with the Commission pursuant to Section 54, IDAPA 31.01.01.054. An appeal of Staff’s determination shall be filed with the Commission Secretary within twenty-one (21) calendar days of the Staff’s written determination. An aggrieved party’s failure to file a formal complaint shall constitute a waiver or abandonment of the slamming complaint. ( )T

704. -- 999. (RESERVED).