4101-0101_Gen209.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

in the matter of the ADOPTION OF THE federal communications COMMISSION’s slamming rules and the AMENDMENT OF THis COMMISSION’S TELEPHONE CUSTOMER RELATIONS RULEs (IDAPA 31.41.01). )
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CASE NO. 31-4101-0101

GENERAL ORDER NO. 209

ADOPTION OF PENDING RULE

On February 12, 2001, the Commission issued Order No. 28644 which adopted the “slamming” rules promulgated by the Federal Communications Commission (FCC). The term “slamming” refers to the unauthorized change in a telephone customer’s selection of a local or long-distance carrier. In Order No. 28644, this Commission determined that it was appropriate to adopt the FCC’s slamming rules temporarily and to initiate a rulemaking to permanently adopt the rules (pending legislative review). Notice of the Commission’s intent to adopt temporary and proposed rules was published in the Administrative Bulletin on July 4, 2001. Pursuant to that Notice, the Commission’s adoption of the FCC’s slamming rule became effective on a temporary basis on July 16, 2001.
In its APA Notice, the Commission solicited public comment on the Commission’s proposed rules for implementing and adopting slamming rules in Idaho. Comments on the proposed rule were to be filed with the Commission no later than July 25, 2001. No comments were filed.
Based upon our review of the proposed slamming rules and the lack of any written comments, we find the proposed rules should be adopted as pending rules. As we concluded in Order No. 28644, “adoption and administration of the FCC slamming rules will serve the public interest.” Order No. 28644 at 10.
GENERAL ORDER
IT IS HEREBY ORDERED that the Commission adopts the proposed amendments to its Telephone Customer Relations Rules (IDAPA 31.41.01) that adopt and implement the FCC’s slamming rules. A Notice of Pending Rule shall be transmitted to the Administrative Rules Coordinator for publication in the next Administrative Bulletin on October 3, 2001.
IT IS FURTHER ORDERED that the pending rules shall be submitted to the 2002 Legislature for review. If approved, the pending rules shall become final and effective, unless rejected or amended, upon legislative approval by concurrent resolution or upon the date specified in the concurrent resolution.
IT IS FURTHER ORDERED that the temporary slamming rules adopted July 16, 2001, shall remain in effect until the Legislature has completed its review.
THIS IS A FINAL GENERAL ORDER. Any person interested in this Order (or in issues finally decided in this Order) in Case No. 31-4101-0101 may seek judicial review under Idaho Code § 67-5270 and Commission Rule 401 (IDAPA 31.01.01.401) regarding any matter decided in this Order.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of August 2001.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

vld/O:4101-0101_Gen209_dh

GENERAL ORDER NO. 209
ADOPTION OF PENDING RULE 1

Office of the Secretary
Service Date
August 8, 2001