20041108Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
FROM:DON HOWELL
DATE:NOVEMBER 4, 2004
SUBJECT:THE PROPOSED CHANGES TO THE COMMISSION'S TELEPHONE
CUSTOMER RELATIONS RULES, IDAPA DOCKET NO. 31-4101-0401
(CASE NO. RUL-04-1).
In August 2004, the Commission caused to be published in the Idaho Administrative
Bulletin a notice that it intended to amend its Telephone Customer Relations Rules 109, 308
702, and promulgate a new Rule 111. IDAPA 31.41.01. The changes to Rule 109 and new Rule
111 would mirror changes the Commission is making to its Utility Customer Relations Rules
regarding abandoned deposits or advanced payments. The changes to Rule 308 clarify the
procedures for issuing and obtaining a medical certificate. Finally, Rule 702 adopts the updated
version of the FCC's slamming regulation found at 47 C.R. ~ 64.1120.
The Commission s notice was published in the Administrative Bulletin on October 6
2004. Public comments were to be submitted to the Commission no later than October 27, 2004.
No public comments were submitted. The Legislative Services Office did submit a letter dated
August 23, 2004. Its letter stated that the Senate and House Subcommittees for Review of
Administrative Rules have examined the proposed changes. The letter stated that no "meeting
will be held, and we are pleased to report that no objections will be filed (to the proposed rules).
The proposed changes to the Telephone Customer Relations Rules are attached for your
consideration.
DECISION MEMORANDUM
COMMISSION DECISION
Does the Commission wish to adopt the proposed rules as pending rules?
Does the Commission wish to issue a Notice of Pending Rule to be published in the
Administrative on January 5 , 2005?
Don Howell
vld/M:31-4101-0401 dh dm
DECISION MEMORANDUM
IDAP A 31
TITLE 41
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 CUARANTEE 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
d. Statement of the terms and conditions governing the return of deposits.
(7 -93)
(7 -93)
(7 -93)
(7-93)
otherwise be provided with the following information:
a. Name of customer and service address for which deposit is held;
b. Date of payment;
c. Amount of payment; and
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 CD years as required by the Unclaimed Property .l\ct Sections 14 501 et seq.
Idaho Code, and in particular Section 14-531 , Idaho Code, (ten years)(7 1 93)1
03. Transfer Of Records. Upon the sale or transfer of any telephone company or any of
itsnp-erating 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 CD year after termination of service is presumed abandoned.
02. Financial Assistance Program. A 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:tl 5 95)1
a. statement that +lhe 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 (7 1 93)
b. Tlermination 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. This certificate must be in \vriting and--shew
eleafly
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 serious 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 or 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 (21) hours after receipt.The customer mu-st
shall receive local exchange and necessary MTS services for thirty (30) calendar days from the
telephone company s receipt of the certificate.tl 5 95)(
04. Payment Arrangements. Before the expiration of-the medieal postponement, the
customer must make payment arrangements \vith---the telephone company in accordance ~Nith
Rule 312.
Second Postponement. The telephone company must postpone termination of local
exchange and necessary MTS service for an additional thirty Q.Q) 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.(1 5 95).(
()4 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. Obli2ation 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 64.11 70 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.
.(