20091113Adoption of Pending Rule.pdf

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION
31.41.01 - CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS
PROVIDING LOCAL EXCHANGE OR INTRASTATE MTSIW ATS SERVICE IN
IDAHO SUBJECT TO CUSTOMER SERVICE REGULATION BY THE IDAHO
PUBLIC UTILITIES COMMISSION UNDER THE PUBLIC UTILITIES LA WOR THE
TELECOMMUNICATIONS ACT OF 1988
(THE TELEPHONE CUSTOMER RELATIONS RULES)
,
DOCKET NO. 31-4101-0901 R u L -i-oC¡--ol
NOTICE OF RULEMAKING - ADOPTION OF PENDING RULE
EFFECTIVE DATE: This rule has been adopted by the Public Utilities Commission and is now
pending review by the 2010 Idaho State Legislature for final approval. The pending rule
becomes final and effective at the conclusion of the legislative session, unless the rule is
approved, rejected, amended or modified by concurent resolution in accordance with Sections
67-5224 and 67-5291, Idaho Code. If the pending rule is approved, amended or modified by
concurent resolution, the rule becomes final and effective upon adoption of the concurent
resolution or upon the date specified in the concurent resolution.
AUTHORITY: In compliance with Section 67-5224, Idaho Code, notice is hereby given that the
Public Utilties Commission has adopted a pending rule. The action is authorized pursuant to
Section 61-507, Idaho Code.
DESCRIPTIVE SUMMARY: The following is a concise explanatory statement of the reasons
for adopting the pending rule and a statement of any change between the text of the proposed
rule and the text of the pending rule witli an explanation of the reasons for the change.
The Commission is amending the text of Rules 005, 102, 201, 303, 304, 308, 309, and
604 in accordance with Section 67-5227, Idaho Code. Only those sections that have changes that
differ from the proposed text are printed in this Bulletin and all other proposed rules are being
adopted as pending rules. The complete text of all the proposed rues was published in the
October 7, 2009 Idaho Administrative Bulletin, VoL. 09-10, pages 273-300.
Based upon the written comments fied with the Commission, the Commission made
several clarifying changes to the proposed rules. Rule 5 was changed to make the rule consistent
with statutory definition of small business service. The word "cash" was removed from Rule
102 to recognize that electronic payments are possible, and Rules 303 and 304 were clarified to
allow for electronic forms of payment. and notice. Rule 201 was changed to allow customers to
choose to pay by automatic charges to checking accounts or credit cards, and also agree to terms
that do not require a payment date on biling statements when choosing automatic payment
methods. Rule 604 reduces notice to customers from thirty (30) days to ten (10) days, as is
required by statute, and language is added to clarify the notice requirement applies to rate
increases. After reviewing the comments on Rule 309, Restrictions on Termination of Local
Exchange Service, the Commission determined to leave the existing rule (Rule 311) unchanged
and encourage suggestions for refinement of the rule next year.
FISCAL IMP ACT: There is no fiscal impact on the state general fud resulting from this
rulemaking.
ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions
concerning this pending rule, contact Weldon B. Stutzman, Deputy Attorney General, at (208)
334-0318.
~
DATED this /3 day of November 2009.
f#~.~~ewel~
Commission 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 83702-5918
005. DEFINITIONS (RULE 5):
The following definitions are used in this title and chapter:(7-1-93)
4) A.pplieRBt. Unless restricted by definition within a rule or a group of rules to a
paricular class of service, "applicant" means an potential customer who applies for a service
from a telephone compan. "Applicant" does not include minors not eompetent to contract
Telephone companies may decline to recogniæ minors not competent to contact as applicants
and may require an adult or minor competent to contract to join a minor not competent tocontract as an applican. (7 1 99)
oi!. Customer. Unless restricted by definition v.r1thin a rule or a group of rules to a
parieular class of service, "customer" means any person who meets the terms outlined in
Subsections 005.02.a. tlough 005.02.d. below, and any person contactually or otherwise
lawlly auiori:zed to represent such pary. If the person selecting, receiving, or canceling
service is not the same person as the one assuming responsibility for payment of service, the
latter is the customer for puroses of receiving refids, etc. A "customer" is a person or entity
who has requested service or currently receives service from a telephone company or has
assumed responsibilty for payment of service provided to another person or entity. (7 1 99)
lh Has applied for;(7 1 93)
(7 1 93)h.Has been accepted; and
r.Receiving service from a telephone compan; or
(7 1 93)
(7 1 93)
eo Is curently:
H- AsslHing responsibilty for payment of service provided to another or others.(7 1 93)
tb Any person whose service has been temporarily disconnected for non-payment
shall continue to be a "customer" for! the purposes of these rules until such time as service ispermanently disconnected. (7 1 99)( )
W. Goad Cf'edit. "Good credit" means payment by a customer for the most recent
vNel'le (12) consecutive mont period of all undisputed bils due the telephone company before
temporar or permanent termination of service. (7 1 93)
04~. Local Exchange Company (LEC). "Local exchange company" (LEC) is ~
telephone company providing local exchange service to end-users. "Local exchange compan"
includes "incumbent telephone corporations," as defined in Section 62 603(6), Idaho Code, and
telephone corporations graned a Certificate of Public Convenience and Necessity by the
Commission to compete with inclHbent telephone corporations. (7 1 99)( )
() MTS COIBPRBY Of' Iotef'enhRoge eRnief'. "MTS company" or "interexchange
carier" means a telephone company providing MTS service. (7 1 93)
O'~. Message Telecommunications Service (MTS). "MTS" (commonly known as
"long-distace service") means the transmission of two-way interactive switched voice
communication between local exchange areas for 'l¥.ich charges are made on a per wiit basis as
defined in Section 62 603(8), Idaho Code, and vAde area telecommwiications service (WATS) orits equi'/alent. (7 1 99)( )
Q. Opef'RtOf' Rnd Dif'eetol' i'ssistRBee Sel'iees. Operator and directory assistance
services are telephone services that include (but are not limited to) intercept, eall completion and
assistace, and directory assistance services, v.4ieter local, MTS, or both. (7 1 93)
08~. Other Services. "Other services" mean all services except local exchange and
MTS services provided, biled, or collected by a telephone company. (1-1-95)
09~. Residential Telephone Service. "Residential telephone service" means
telecommunication service fuished and maintained at a dwellng primarily for personal or
domestic puroses and not for business, professional or institutional puroses, i.e., service
provided to residential customers as defined in Section 62-603(9), Idaho Code. (7 1 99)( )
io~. Small Business Telephone Service. "Small business telephone service" means
telecommuncation service furnished to a business or institutional entity, whether an individual,
parnership, corporation, association or other business or institutional form, for occupational,
professional, or institutional puroses, to cu~tomers who do not subscribe to more than five (5)
local access lines within a building which are biled to a single biling location, i.e., service
provided to small business customers as defined in Section 62-603(11), Idaho Code.(7 1 99)( )
H07. Telephone Company. Unless fuher restricted by definition within a rule or a
group of rules, "telephone company" means any entity subject to this Commission's regulation
as a provider of telecommuncation services to end-users (either local exchange or MTS/\VATS)
under the Public Utilities Law (Idaho Code, Title 61, Chapters 1-7) or subject to this
Commission's authority under the Telecommunications Act of 1988, as amended, (Idaho Code,
Title 62, Chapter 6), except mutual, non profit or cooperati't'e telephone corporations or the
federal Telecommunications Act of 1996 (47 U.S.C. 151 et seq). (7 1 99)( )
(BREAK IN CONTINUITY OF SECTIONS)
104~. "'RITTEN EXPLANATION FOR DENIAL OF SERVICE OR REQUIREMENT
OF DEPOSIT -- LECS (RULE 104Ð.
Upon request of the applican or customer, If the local exchange company mu requires a ea
deposit as a condition of providing service, then it shall immediately provide an written
explanation to the applican or customer stating the precise reasons why it requires a deposit er
denies service is required. The applican or customer shall be given an opportity to rebut these
reasons. The applicant or customer must be orally notified of the right to a written explanation In
the event of a dispute, the customer must be advised that an informal or formal complaint may befied with the Commission. (7 1 93)( )
(BREAK IN CONTINUITY OF SECTIONS)
201. ISSUANCE OF BILLSING STATEMENTS -- CONTENTS OF BILLS --
RESIDENTIAL AND SMALL BUSINESS SERVICE (RULE 201).
01. Local Exchange Service. Billsing statements for residential and small business
local exchange service sh must be issued on a regular basis. Bils, and must contain thefollowing information: (7 1 93)( )
a.The biling date the billng statement is issued;(7 1 93)(
(7 1 93)(
)
)b.The time period covered by the biling statement;
c. The due date of the bil by which payment must be received, unless the customer
has authorized automatic monthly payment. If automatic payment is authorized, the customer
must be informed in \\Titing when fuds will be withdrawn from a ban account or charged to a
credit card account. In addition. the biling statement must state the actual or earliest possible
date that funds wil be withdrawn or the credit card charged unless the customer consents
otherwise in wrting at the time automatic payment is authorized; (7 1 93)( )
e.Any amounts past due;
(7-1-93)
(7-1-93)
d.Any amounts transferred from another account;
f. Any payments or credits applied to the customer's account since the last bil;(7-1-93)
g.The total amount due;(7-1-93)
h. Names of et all telephone companies or entities that are not telephone
companies vkose providing goods and services are also being for which the customer is biled,
identification sufficient information to readily identify the goods and ef servicefsj lf
provided, and the amountfsj of those bilings charged; (7 1 93)( )
i. The mailing addressees) or toll-free telephone number(s) available to customers if
the service territory for answering inquiries and resolving complaints about telephone goods andservices biled; (7 1 93)( )
to An itemi:zation of all non recuring charges; and (7 1 93)
Iii. An itemization of the follovt'ng recuring charges: tota local exchange service
bil (mileage or :zone charges and charges for extended area service may be included in the tota
rather than as separate items), touch tone capabilty, custom calling features, directory listings,
wire maintenance plans, equipment leases, and governentally imposed for goods and services
provided to the customer and any associated fees, taxes, surcharges or subscriber line charges.
All other recuring charges may be included in a miscellaneous biling category if the local
exchange company explains the charges in vvrting pursuan to IDAPA 31.41.02.101. Charges for
each element of packaged services, local measured service good or service provided as par of a
package under a single price, or et callng plans in which individual calls are ft biled at a
flat rate regardless of usage need not be separately itemized if the local exchange compan
provides an explanation of those services pursuan to IDAPA 31.41.02.101. (7 1 93)L-
02. MTS Bils. In addition to the requirements of Rule 201.01, bils for MTS service
must itemi:ze for all MTS calls identify the number called and the date, time, duration,
destination and charge for each call, unless the customer has selected a flat rate callng plan. For
collect and third-pary calls the MTS provider must also itemize the origin of the call.(7 1 93)( )
03. Billng føf' Other Services. No telephone company may send demand letters or
initiate collection efforts for any amount owed by a customer who subscribes to or is biled for
services other than local exchange service and MTS services or services provided by another
telephone company unless the bil separately lists those services as required by this rule.
(7 1 93)( )
04. Customer Request for Less Detail. Upon customer request, telephone
companies may provide biling statements containing less detail than required by this rule.
Telephone companies must make available without charge detailed biling information for the
preceding twelve (12) months to those customers who have elected to receive less detail on
monthly biling statements but subsequently request more detaiL. ( )
(BREAK IN CONTINUITY OF SECTIONS)
304~. REQUIREMENTS FOR NOTICE BEFORE TERMINATION OF LOCAL
EXCHANGE SERVICE (RULE 304~.
01. Seven Day Initial Notice. If the telephone company intends to terminate local
exchange service under Rule 302-1, it must send to the customer written notice of termination
mailed at least seven (7) calendar days before the proposed date of termination. Written notice
may be provided by electronic mail (i.e.; e~maìI) if the customer is biled electronically and
separately consents in writing to receiving electronic notification. Thi s written notice must
contain the information required by Rule 3061. (3 30 01)( )
02. TweBty Fouf' Houf' Final Notice. At least twenty-four (24) hours before actual
termination, the telephone company must dilgently attempt to contact the customer affected to
apprise the customer of the proposed action and the steps te the customer must take to avoid or
delay termination. This oral notice must contain the same information required by Rule 3061.
(3 30 01)( )
03. Additional Notice. If the telephone company has not terminated service within
twenty-one (21) days after the propos~d termination date as specified in a written notice, the
telephone company must again provide notice under Subsections 304J.01 and 304J..02 if it stil
intends to terminate service. (3 30 01)( )
04. Failure to Pay Payment with Dishonof'ed Cheek. No additional notice of
termination is required if, upon receipt of a termination notice: (3 30 01)( )
a. The customer makes a payment arangement and subsequently fails to keep thatarangement; er (3 30 01)( )
b.The customer tenders payment with a dishonored check-:; or (7 1 99)()
£:Makes an electronic payment drawn on an account with insufficient fuds. ()
(BREAK IN CONTINUITY OF SECTIONS)
30~. CONTENTS OF NOTICE OF INTENT TO TERMINATE LOCAL EXCHANGE
SERVICE (RULE 30'Ð.
01. Contents of Notice. The written, electronic or oral notice of intent to terminate
local exchange service required by Rule 304J. must state: (l 5 95)( )
Ma. The Reasons. The reason( s), citing these rules, why service wil be terminated
and the proposed date of termination; (7 1 93)( )
9i!!. AetioBs. Actions the customer may take to avoid termination;(7 1 93)()
4B£. Certifieate of Serious Illness Of' Medieal Emef'geney. That a certificate
notifying the local exchange company of a serious ilness or medical emergency in the household
may delay termination under Rule 30&§; (l 5 95)( )
94ll. Complaint May be Filed. That an informal or formal complaint concerning
termination may be fied with the telephone company or the Commission, and that service will
not be terminated on grounds relating to the dispute between the customer and telephone
company before resolution of the complaint (the Commission's mailing address, Internet
address, and telephone number must be given to the customer); (7 1 99)( )
~£. TelephoBe CompanyWiIiBg to Mali:e PaymeBt Al'angements. That the
telephone company is willng to make payment arrangements (in a written notice this statementmust be in bold print); and (7 1 99)( )
O&f. Partial PaymeBts. What amount must be paid in order to avoid termination of
local exchange service and Tlhat for puroses of disconnection, parial payments will be applied
toward past due charges for local exchange service charges first, unless the customer requests
otherwise, and that charges for services other than local exchange services canot be used as abasis for disconnection. (7 1 99)( )
(BREAK IN CONTINUITY OF SECTIONS)
310~. INSUFFICIENT GROUNDS FOR TERMINATION OF LOCAL EXCHANGE
SERVICE (RULE 310ID.
01. Termination Prohibited. No customer shall be given notice of termination of
local exchange services nor shall the customer's local exchange service be terminated if the
unpaid bil for local exchange service cited as grounds for termination is: (1 1 95)( )
M!!. Less Than Fifty Dollat'. The customer's unpaid bil cited as growids for
termination is lless than fi thirty ($W 30) dollars-;~ (7 1 99)( )
9i!!. TelephoBe Sel'iee to any Othef' Customef' Of' FOf'mef' Customef'. The unaid
bil cited as grounds for termination is flor telephone service provided to any other customer or
former customer (unless that customer has a legal obligation to pay the other bil) or for an
et ~ class of service-; (business or residential) other than the one to which the customercurently subscribes; (1 1 95)( )
~£. Results Ff'om the PUf'ehase .0£ MTS and Othef' Sel'iees. The wipaid bil cited
as grounds for termination of service results from the pæ:hase of For MTS an or other goods
and services provided by the telephone company or for which the telephone company bils;
including but not limited to:~ (1 1 95)( )
lh Directory advertising;(1 1 95)
b. Information serviees, operator services or other services not provided by localexchange companies; (1 1 95)
eo Leased or purchased customer premises equipment or other merchandise; or
(l 1 95)
tb Inside 'Nire maintenanc~. For service provided four (4) or more years ago unless
the customer made a payment on the bil within the past four (4) years, or the customer signed a
written payment agreement and then failed to pay; (3 30 01) ( )
!:The subject of an informal or formal complaint fied with the Commission; or ()
f: Is at issue in a case pending before a cour in the state of Idaho unless terminationis authorized by cour order. ( )
04 Othef' Pef'son Has an Unpaid Balanee fof' Sel'iee. The customer li'/es at a
residence ,,,here another person lives and the other person has an unaid balance for service,
except when the customer has a legal obligation to pay the other persons's bil. (1 1 95)
3H09. RESTRICTIONS ON TERMINATION OF LOCAL EXCHANGE SERVICE --
OPPORTUNITY TO A VOID TERMINATION OF LOCAL EXCHANGE SERVICE
(RULE 3H!!.
01. When Termination Not Allowed. Unless the customer affected has consented in
writing, local exchange service shall not be terminated on any Friday after twelve noon or on any
Saturday, Sunday, legal holidays recognized by the state of Idaho, or after twelve noon on any
day immediately before any legal holiday, or at any time when the telephone company's business
offices are not open for business, except as authorized by Rules 30;2.01 and 30;2.02, or for non-
residential customers, as authorized by any Subsection of Rule 30;2. Local exchange services
may be terminated only between the hours of 8 a.m. and 4 p.m., except as authorized by Rules30;2.01 and 30;2.02. (l 1 95)( )
02. Personnel to Authorize Reconnection. Each telephone company providing local
exchange service shall have personnel available after the time of terniination who are authorized
to reconnect service if the conditions cited as groimds for tennination are corrected to the
telephone company's satisfaction. Customers may be asked to pay reconnect ion fees beforerestoration of service. (1-1-95)
03. Service to Persons Not Customers. If local exchange service is provided to a
residence and the account is in the name of one who does not reside there, the telephone
company, prior to termination, shall notify the person(s) receiving service and afford the
person(s) a reasonable opportunity to negotiate directly with the telephone company to purchaseservice in the residents(s') own name(s). (1-1-95)
04. No Termination While Complaint Pending. Except as authorized by order of
the Commission or of the Judiciar, local exchange service shall not be terminated for failure to
pay amounts in dispute while a complaint over that telephone service filed pursuant to Rule 40il
is pending before this Commission or while a case placing at issue payment for that telephone
service is pending before a court in the state of Idaho. (1 1 95)( )
(BREAK IN CONTINUITY OF SECTIONS)
604. PUBLIC NOTICE (RULE 604).
Telephone companies must give "public notice" of all proposed changes in rates as required by
Section 62-606, Idaho Code. Public notice must be reasonably designed to call affected
customers' attention to the proposed changes in rates. Legal advertisements alone wil not be
considered adequate public notice. Individual notice to all customers affected wil always
constitute public notice. Notices of rate increases must be provided to individual customers at
least ten (l0) days before change is effective. . ( )