20040817Notice.pdf

IDAP A 31 - IDAHO PUBLIC UTILITIES COMMISSION
31-41.01 - CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS
PROVIDING LOCAL EXCHANGE OR INTRASTATE MTS/W ATS 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. 31-4101-0401
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given that
this agency has initiated proposed rulemaking procedures. The action is authorized pursuant to
Sections 61-507, 62-615(3), 62-622(5), Idaho Code.
PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than October 20, 2004. The hearing site will be accessible to persons with
disabilities. Requests for accommodation must be made not later than five (5) days prior to the
hearing, to the agency address below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance
and purpose of the proposed rulemaking:
The Commission is proposing several changes to its Telephone Customer Relations Rules that
address deposits, medical certificates and adoption of the updated federal slamming regulations.
First, the Commission is proposing to amend Rule 109 and to promulgate a new Rule 111.
These changes concern customer deposits or advance payments to obtain utility service. New
Rule 111 implements Section 14-508, Idaho Code, that states any deposit or advance payment
made to obtain utility service that is unclaimed for more than one (1) year after termination of
service is presumed to be abandoned property. Rule 111 would allow a telephone corporation to
forward abandoned deposits or advance payments to "financial assistance programs" that assist
low-income and disadvantaged customers with paying their telephone bills. Second, the
proposed revisions to Rule 308 are intended to eliminate ambiguities and clarify the procedures
for issuing and obtaining a medical certificate. In instances of a customer s or family member
serious illness or medical emergency, a certificate may postpone termination of telephone
service. Finally, Rule 702 adopts the updated version of slamming regulations promulgated
the Federal Communications Commission. "Slamming is the unauthorized change of a
customer s selected provider of local or long-distance telephone service.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.811 , negotiated rulemaking
was not conducted because the proposed rule changes are minor and conform to Section 14-508
Idaho Code, and adopted federal regulations.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Beverly Barker at [phone]. Anyone may submit written comments regarding this
proposed rulemaking. All written comments must be directed to the undersigned and must be
delivered on or before October 27, 2004.
DATED at Boise, Idaho this /7f4- day of August 2004.
J e . Jewell I !
Mmission Secretary
Idaho Public Utilities Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5983
IDAP A 31
TITLE
CHAPTER
31.41.01 - CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS
PROVIDING LOCAL EXCHANGE OR INTRASTATE MTS/W ATS 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)
RULES 101 THROUGH 199 - RESIDENTIAL AND SMALL BUSINESS
DEPOSIT AND CUA&A ~TEE PRACTICES
(BREAK IN CONTINUITY OF SECTIONS)
109.RECEIPT FOR DEPOSIT--RECORDS OF DEPOSITS (RULE 109).
01. Receipts. Each customer paying a deposit must shall be given a receipt containing or
otherwise be provided with the following information:
a. Name of customer and service address for which deposit is held; (7-93)
b. Date of payment; (7-93)
c. Amount of payment; and (7-93)
d. Statement of the terms and conditions governing the return of deposits. (7-93)
02. Retention Of Records. Each telephone company shall maintain records that will
enable a customer entitled to a return of a deposit to obtain a refund even though the customer
may be unable to produce the receipt for the deposit. These records must include the name of
each customer, the service locations and telephone number(s) of the customer while the deposit
is retained, and the date(s) and amount(s) of the deposits. The telephone company shall retain
records of deposits that have been refunded to customers for a period of three Q.) years after the
date of refund.The telephone company shall retain these records of unclaimed deposits for a
period of seven (1) years as required by the Unc1aimed-Property \ct Sections 14 501 et seq.
Idaho Code, and in particulaF Section 14-531 , Idaho Code, (ten years)
03. Transfer Of Records. Upon the sale or transfer of any telephone company or any of
its operating units, the seller shall certify to the Commission that it has a list showing the names
of all customers whose service is transferred and who have a deposit on file, the date the deposit
was made and the amount of the deposit.(7 -93)
(BREAK IN CONTINUITY OF SECTIONS)
111. UNCLAIMED DEPOSITS AND ADVANCE PAYMENTS (RULE 111),:
01. Presumption of Abandonment. Pursuant to Section 14-508. Idaho Code. any
deposit or advance payment made to obtain or maintain local exchange service. message
telecommunications service (MTS). or other services that is unclaimed by the owner for more
than one Q) year after termination of service is presumed abandoned.
02. Financial Assistance Program. telephone company may apply to the
Commission for approval to pay unclaimed deposits and advance payments presumed to be
abandoned to a financial assistance program which assists the telephone company s low income
and disadvantaged customers with payment of utility bills. The telephone company shall remain
obligated to file its report of such abandoned property as required by Section 14-517. Idaho
Code. and retain records as required by Section 14-53 L Idaho Code.
. -- 199. (RESERVED).
(BREAK IN CONTINUITY OF SECTIONS)
308.SERIOUS ILLNESS OR MEDICAL EMERGENCY (RULE 308).
01. Medical Certificate--Postponement Of Termination of Local Exchange or MTS
Services. A telephone company offering local exchange or MTS service between a residential
customer and the customer s nearest community providing necessary medical facilities or
services must postpone termination of local exchange or MTS service to a residential customer
for thirty (30) calendar days from the date of the receipt of a current written certificate signed
a licensed physician or public health official with medical training that states:
.:.
The certificate
must contain the following information:fl 5 95)1
a. statement that +!he customer, a member of the customer s family, or other
permanent resident of the premises where service is provided, is seriously ill or has a medical
emergency or will become seriously ill or have a medical emergency because of termination of
service; and that
b. T!ermination of local exchange service would adversely affect the health of that
customer, member of the customer s family, or resident of the household.
02. Contents Of Medieal Certificate. 'I-his certificate must be in v;riting and shovi
eleat=ly
b. If the customer requests that termination of MTS service be postponed. a statement
that termination of MTS service would impair the customer s ability to communicate with
necessary medical facilities or services.
c. tThe name of the person whose senous illness or medical emergency would be
adversely affected by termination and the relationship to the customer and
d. the nature of the serious illness or medieal emergency, and--tThe name, title, and
signature of the person giving notice of-ef certifying the serious illness or medical emergency.
~.(
Restoration Of Service. If local exchange or MTS servIce has already been
terminated when the medical certificate is received, the appropriate service must shall be restored
as soon as possible. but no later than twenty-four (l1) hours after receipt.The customer must
shall receive local exchange and necessary MTS services for thirty (30) calendar days from the
telephone company s receipt of the certificate. fl 5 95).(
Q4.-Payment Arrangements. Before the expiration oHhe medieal--pestponement, the
customer must make pa)ment arrangements \vith--the telephone company in accordance \vith
Rule 312.(7 1 93)
Second Postponement. The telephone company must postpone termination of local
exchange and necessary MTS service for an additional thirty QQ) days upon receipt of a second
certificate stating that the serious illness or medical emergency still exists, unless during the
period of the first certificate excessive or unwarranted MTS calls were incurred and not paid or
the customer refused to enter into payment arrangements.fl 5 95).(
064. Verification Of Medical Certificate. The telephone company may verify the
authenticity of the certificate and may refuse to delay termination of service if the certificate is a
forgery or is otherwise fraudulent.(7 -93)
05. Oblh!ation to Pay. Nothing in this rule relieves the customer of the obligation to
pay any undisputed bill.
.(
(BREAK IN CONTINUITY OF SECTIONS)
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 , 200 ). 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.