4101-0101_DFM Approval Form.doc

PROPOSED ADMINISTRATIVE RULES FORM

Agency Name: Idaho Public Utilities Commission STARS Agency Code: 31
Contact Person: Beverly Barker or Don Howell Phone Number: 334-0302 or 334-0312

IDAPA Numbers and Chapter Name: 31.41.01 – Telephone Customer Relations Rules

This Rule is: X Proposed X Temporary Effective Date: April 4, 2001

If Temporary Rule:
X Protection of the public health, safety, or welfare; or
Compliance with deadlines in amendments to governing law or federal programs; or
X Conferring a benefit.

If this is a temporary rule which imposes a fee or charge, provide justification as described in Idaho Code, Section 67-5226(2): This temporary rule does not impose a fee or charge.

Need for Proposed Rulemaking: The Federal Communications Commission (FCC) has promulgated new 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 service. This practice, known as “slamming,” enables those companies that engage in fraudulent activity to increase their customer and revenue bases at the expense of consumers and law-abiding companies. The FCC has authorized state PUCs to enforce these slamming rules. This allows Idaho consumers to have their slamming complaints resolved in Idaho instead of Washington, D.C. These new FCC slamming rules became effective November 28, 2000.

Proposed Rules Changes (Summary Only): The Commission proposes to the new FCC rules (47 C.F.R. §§ 64.1100 through 64.1170) designed to deter slamming. 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 subscriber is absolved of liability for charges imposed for the first 30 days after the unauthorized change. On the other hand, if the customer has already paid the charges, then the unauthorized carrier shall pay an amount equal to 150% of all charges paid by the customer. This amount shall be paid to the authorized carrier who will then distribute 50% of the charges to the customer.

Interest Group(s) or Citizens Affected: Local telephone companies, long distance companies, and all Idaho telephone customers. The Commission initiated an investigation whether it should adopt the slamming rules and received no comments opposing the adoption.

Estimated Costs for Rulemaking (Publication and Operation Costs): $650 for publication of rules and $600 for formal appeals which may include transcripts.

(DFM’s Use Only)

DFM Analyst Comments:

Received Date: ____________ Review Date: _____________ Internal Admin. Rule No.: ________

DFM Analyst Signature: __________________________________ Approved: _____Yes _____No

Special Assistant Signature: _______________________________ Approved: _____Yes _____No