20090828Notice of Proposed Rulemaking.pdf

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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 LAW OR THE
TELECOMMUNICATIONS ACT OF 1988
(THE TELEPHONE CUSTOMER RELATIONS RULES)
RUL:f-OC¡ -ofDOCKET NO. 31-4101-0901
NOTICE OF RULEMAKING - PROPOSED RULE
AUTHORITY: In compliance with Section 67-5221(1), Idaho Code, notice is hereby given that
the Idaho Public Utilities Commission has initiated proposed rulemaking procedures. This action
is authorized pursuat to Sections 61-302, 61-503, 61-507, 62-605, 62-606, 62-615, and 62-616,
Idaho Code.
PUBLIC HEARING SCHEDULE: Public hearing(s) concerning this rulemaking wil be
scheduled if requested in writing by twenty-five (25) persons, a political subdivision, or an
agency, not later than October 21, 2009. The hearing site wil be accessible to persons with
disabilities. Requests for accommodation must be made not later than five (5) days prior to the
hearng, to the Commission's address below.
DESCRIPTIVE SUMMARY: The following is a non-technical explanation of the substance
and purose of the proposed rulemaking:
Enactment of federal statutes (Telecommunications Act of 1996) and state statutes (amendments
to the Telecommunications Act of 1988) since the IPUC last revised its Telephone Customer
Relations Rules, IDAPA 31.41.01.000 et seq., have significantly changed the regulatory
objectives for telecommunications companies. The law changes are intended to encourage
competition in telephone services, and the proposed rule changes are consistent with that
objective by simplifying regulatory requirements and allowing companies more flexibilty to
respond to customers' service requests, while maintaining some service quality stadards related
to basic local exchange service.
FEE SUMMARY: There are no fees associated with this proposed rulemaking.
FISCAL IMP ACT: There is no fiscal impact on the state general fud resulting from this
rulemaking.
NEGOTIATED RULEMAKING: Negotiated rulemaking was conducted through a public
workshop on July 28, 2009, and by written comments received by electronic maiL. Members of
the public and representatives of at least seven (7) telecommunications companies paricipated in
the informal negotiated rulemaking process.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRTTEN
COMMENTS: For assistance on technical questions concerning the proposed rule, contact
Weldon Stutzman, Deputy Attorney General, at [phone].
Anyone may submit written comments regarding this proposed rulemaking. All written
comments must be directed to the Commission Secretary and must be delivered on or before
October 28, 2009.
DATED at Boise, Idaho this ~f"day of August 2009.
~ÔctÆ
Je D. Jewell -
C mission Secretar
Idaho Public Utilties Commission
PO Box 83720
Boise, ID 83720-0074
Telephone: [phone]
Facsimile: [phone]
Street address for express delivery:
472 W Washington
Boise, Idaho 83702-5918
IDAPA31
TITLE 41
CHAPTER 01
31.41.01- CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS
PROVIDING LOCAL EXCHAGE OR INTRASTATE MTS/WL..TS SERVICES. IN
IDAHO SUBJECT TO CUSTOMER SERVICE REGULATION BY THE IDAHO
PUBLIC UTILITIES COMMISSION UNER THE PUBLIC UTILITIES LA\¥ OR THE
TELECOllMUNICATIONS l,i:T OF 1988
(THE TELEPHONE CUSTOMER RELATIONS RULES)
000. LEGAL AUTHORITY (RULE 0).
These rules are adopted under the general legal authority of the Public Utilities Law, Chapters 1
though 7, Title 61, Idaho Code, and the Telecommunications Act of 1988, Chapter 6, Title 62,
Idaho Code, and the specific authority of Sections 61-301, 61-302, 61-303, 61-315, 61-503, 61-
'507, 61-520, 62-605, 62-606, 62-612, ft 62-616, and 62-622 Idaho Code, with regard toserce. (7 1 93)( )
001. TITLE AND SCOPE (RULE 1).
The name of this chapter is the "Customer Relations Rules for Telephone Corporations
Providing Local Exchane or Intrstate MTSA¥ATS Serce~ in Idaho Subject to Customer
Servce Regulation by the Idaho Public Utilties Commssion UndCf the Ptiblie Utilities La'll or
the Telecommuncations Act of 1988."; (The Telephone Customer Relations Rules). For
companes subject to Commission regulation under Title 62, Idaho Code, these rules apply to
companes providing local exchange serce as defied in Section 62-603, Idaho Code. Ths
chapter has the following scope: These rules provide a set of fair, just, reasonable, and non-
discrminatory rules to address recurng areas of disagreement between local exchange
companes and MTS/wATS other telephone companes and customers with regard to deposits,
guantees, biling, application for serice, denial of serce, termination of servce, complaints
to telephone companies, biling for interpted serice, and provision of certain information
about customers to authorities. (7 1 93)( )
002. WRTTEN INTERPRETATIONS -- AGENCY GUIDELINES (RULE 2).
For rulemakings conducted before July 1, 1993, wrtten interretations to these rules in the form
of explanatory comments accompanying the order of proposed rulemaking and review of
comments submitted in the order adopting these rules are maintaied in the files of the Secretar
of the Idaho Public Utilities Commssion and are available from the office of the Commission
Secretar. The Commission Secretar may be contacted in wrting at the Idaho Public Utilities
Commission, PO Box 83720, Boise, Idaho 83720-0074, or by telephone at [phone]. For
rulemakings conducted after July 1, 1993, wrtten interpretations to these rules in the form of
explanatory comments accompanying the notice of proposed rulemakng that originally proposed
the rules and review of comments submitted in the rulemakng decision adopting these rules are
published in the issues of the Idaho Admnistrative Bulletin proposing or adopting the rues. In
addition to these explanatory eommCfts, the directr of the Commission's eonSUCf assistance
staf has issaed iRtClive gudelioos that ar availaBle by contactng the dIfectr of the
eonsllCf assistance staff in 7¡¡ting at the Idaho PUblic Utilities Commssion, PO Box 83720,
Boise, Idaho 83720 0074, or by telephone at [phone]. (7 1 93)( )
003. ADMINISTRATIVE APPEALS (RULE 3).
Ths rule govers consideration of exemptions and formal complaints. and requests for exemption
under these rules. Any pCfson telephone company or customer requesting and receiving an
informal staff determination with regard to an exemption or complaint may formally 6f
informally request the Commssion to review the Staffs deterination. If unusual or
uneasonable hardships result from the application of any of these rules, any telephone company
or customer may apply to the Commission for, or the Commission on its own motion may order,
a permanent or temporar exemption. A formal complaint or request for exemption must be filed
with the Commission pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 etseq. (7 1 93)( )
Øh ExempüoBs From Rules. Rl:e 9 al:orizes pCfsons or telephone companes to
request exCHtiofis frm these rules. Ths pB.ph govCfS proeeàt for reqests forexCHtions. (7 1 93)
ft. Any applicant, eastomCf or telephone eOfpan may informally reqest an
exemption frm MY provision of these rules for a specific appliean or applieans or eastomCf or
oostomCfS by writing the Commssion's eOnSl:Cf assistMee staff at the Idaho PtIblie Utilities
Commission, PO Box 83720, Boise, Idaho 837200074 6f by telepning the Commission's
COnStiCf A:ssistMee Staff at 334 0369 (Boise area) or 1 [phone] (om of Boise calling
ara). Any stIch pCfson may in vffting or by telephne reest th Commissioners to informallyor formally rC'lÍC'yv the Staffs decision. (7 1 93)
It Any applican, ooSImCf or telephone eOlan may formally pctition the
Commission for an exemption pmsaBn to the Commission's Rtles of Proeedme, IDAPA31.01.01.000 ct seq. (7 1 93)
eo Any telephone eompat reqaesting an exemption for all of its oostomCfS must
fOffally pcttion the Commission pmStan to the Coinssion' s Rl:es of Proeedme, IDA:PA31.01.01.000 ctseq. (7 1 93)
W. Complamts. Rl:e 402 al:orizes pCfons or telephone companes to fie
complaints lldef these Mes. Ths pflaph govCfS proeedl: for filin complais l:Cf thesefl (7 1 93)
ft :Any appliean,' oostomCf or telepone eompan may fie M informal eomplaiRt
l:Cf an prvision of these rues eoneCfng a specific applieaR or applicans or oostomCf or
ooSImers by 7¡¡ting th Commission's eOnStiCf assistance staff at the Idaho PtIblie Utilities
Commssion, PO Box 83720, Boise, Idaho 83720 0074 or by telephoning the Commssion's
COnStImCf Assistance Staff at 334 0369 (Boise area) or 1 [phone] (OtIt of Boise calling
area). i'\ stIch pCfson may in 7yvritiag or by telephone reqaest the CofIssionCf to informallyor formally rC'lÍC'vV the Staffs decision. (7 1 93)
It Any applicant, oostOfCf or telephone eompMY may file a formal eomplaiRt llCf
these fles with the Commssion plaBft to the Commssion's Rl:es of PfOeedu, IDAPA31.01.01.000 ct seq. (7 1 93)
(BREAK IN CONTINITY OF SECTIONS)
005. DEFINITIONS (RULE 5.)
The following definitions are used in this title and chapter:(7-1-93)
Øh Applieftt. Unless restrcted by definition within a rule or a gltIp of fles to a
parel:fl elass of sCfiee, "applieaR" means an potCfal oostomCf v.rho applies for a sCfee
frm a telephone compan. "ApplieaR" does not ineltIde minors not eompcteR to contract.
Telephone companes may deeline to reeogize ffnors not eompeteRt to eoflct as applicans
fl may reqare an adt or minor eOlBcteR to eoflact to join a minr not compctCft tocont as an applicant. (7 1 99)
0~1. Customer. Unless restrcted by definition within a fUe or a grp of fles to a
parelfl class of sCfee, "oostomCf" meBfS an pCfson who mects the tCfS omlifted in
StIbseetons 005.02.a. thagh 005.02.d. below, and MY pCfson eoflaelly or othenvise
lavlfl:ly aathofÍzed to represCf stIch par. If the pCfson selectng, receiving, or eaneeling
sCfviee is not the same pCfson as the one asstiing responsibilty for paymeR of sCfviee, the
lattCf is the oostomCf for peoses of reeeiyingrefus, cte. A "customer" is a person or entity
who has requested service or currently receives serce from a telephone company or has
assumed responsibility for payment of servce provided to another peron or entity. (7 1 99)
ft Has applied for;(7 1 93)
It Has been accepted; and
eo Is Cleny:
(7 1 93)
(71 93)
t;ReeeiV' sCfee fr a telepone compan; or (7 1 93)
it Assumng responsibility for paymeR of sCfee provided to BfothCf or othCf.(7 1 93)
tl Any person whose service has been temporarly disconnected for non-payment
shall continue to be a "customer" for the puroses of these rules until such time as service ispermanently disconnected. \ (7 1 99)( )
Ø3 Good Credit. "Good Cfedit" means paymeR by a eastomCf for the most reeeR
I'.velve (12) eonseelve moRth perod of alll:dispmed bils dle the telepone company before
tempoft or pCfaneR tCfinaton of sCfiee. (7 1 93)
04~. Local Exchange Company (LEC). "Local exchange company" (LEC) is ~
telephone company providing local exchange serice to end-users. "Local exchge compan"
ioo1ldes "ineiibeR telephone corpomtions," as defied in Secton 62 603(6), Idaho Code, an
telepone eorpomtons gred a Ceftfieate of PtIblie COflCfiCfee an Necessity by the
Commssion to eompcte v/ith inool.Cft telepone corporations. (7 1 99)( )
9S llTS CompaBY or IBterexeltftBge Cftrrier. "MTS compB:" or "interxehae
earCf" means a telephone compan pryiding MTS sCfee. (7 1 93)
06J.. Message Telecommunications Service (MTS). "MTS" (commonly known as
"long-distance service") means the transmission of two-way interactive switched voice
communcation between local exchange areas for ~rfch ehflcs B:e made on a per l:t basis as
defined in Section 62 603(8), Idaho Code, and viide ara teleeoflnieations sCfiee ('VATS) orits eqavaleR. (7 1 99)( )
ø; Operator aDd Direetory AssistaDee SeF¥ees. Opemtor an directry assistce
sCfees B:e telepone sCfees that inell:e (¡)tt ar not limited to) inICeept, eall eomplcton and
assistance, and dIfectory assistance sCfees, whetCf loeal, MTS, or both. (7 1 93)
~. Other Servces. "Other servces" mean all serices except local exchange and
MTS serices provided, biled, or collected by a telephone company. (1-1-95)
09~. Residential TelepltoBe Service. "Residential telephone serce" means
telecommunication serice fuished and maintained at a dwellng primarly for personal or
domestic puroses and not for business, professional or institutional puroses, i.e., serce
provided to residential customers as defined in Section 62-603(9), Idaho Code. (7 1 99)( )
io~. Small Business TelepltoBe Service. "Small business telepone service" means
telecommuncation serice fushed to a business or institutional entity, whether an individual,
parership, corporation, association or other business or institutional form, for occupational,
professional, or institutional puroses, to customers who do not subscrbe to more than five (5)
local access lines within a building, i.e., serice provided to small business customers as defied
in Section 62-603(11), Idaho Code. (7 1 99)( )
Y07. Telephone Company. Unless further restrcted by definition withn a rule or a
group of rules, "telephone company" means any entity subject to ths Commission's regulation
as a provider of telecommuncation servces to end-users (cithCf local exchane or MTS/WATS)
under the Public Utilities Law (Idaho Code, Title 61, Chapters 1-7) or subject to ths
Commssion's authority under the Telecommuncations Act of 1988, as amended, (Idaho Code,
Title 62, Chapter 6), except ffal, non prfit or eoopemtiye telephone eorporations or the
federal Telecommuncations Act of 1996 (47 U.S.C. 151 et seq). (7 1 99)( )
(BREAK IN CONTINUITY OF SECTIONS)
00 EXEllPTIONS FROM: RUES (RLE 9).
If l:asual or lHasonable hflshps resl:t frm the application of any of these rues, an
telepne compan or eastomCfmay apply to the Commssion for, or the Commission on its O'lff
motion may orCf, a pCfanCf or tCHomr eXCHtion. (7 1 93)
0102. INFORM COMPLAINTS AN INTERPRETATION OF RULES (RULE l-2).
The Commission may authorize designated staff members to make and give informal
interpretations of these rules and tarffs or other fiings of telephone companes on record with
the Commission, and to investigate complaints made to the Commission. These InCFrctations,
which do not bind the Coinssion, wil be distrl:oo to telephone eompanes subject to these
fles Bfd iRtersted COnStImCf gftIpS an be a7J'lable frm the direetor of the Commssion's
eOnSlCf assistance staff. The Commission reseres to itself the authority to issue formal
declaratory orders concerng the interpretation of these rules, telephone company tarffs orsimilar filings, and to resolve formal complaints. (7 1 93)( )
OIl!. CONFLICT WITH TELEPHONE TARFFS OR PRICE LISTS (RULE 1lI.
If a telephone company's tarff or price list on file with the Commission contains provisions that
deny or restrct customers' rights protected by any of these rules, these rules supersede any
conflcting taff or price list provisions that deny or restrct any of those rights. (7-1-93)
011,1. INCORPORATION BY REFERENCE -- CODE OF FEDERA REGULATIONS
(RULE 11,1).
Sections 701 though 703 incorporate by reference federal regulations issued by the Federal
Communcations Commission. The incorporated regulations are found in the Code of Federal
Regulations available from the U.S. Goverent Printing Offce, StIpertCfdeR of Doooments,
Att: -New OOOCfS, PO Box 371954, Pittsbmg, PA 15250 7954. Th ineoFpOfted fedCfal
reglations afe also availaBle in eleCInie format at 'NW'vV.aeeess. gpo. gOV/flBf. Incorporated
materals are also available for inspection and copying at the offices of the Public Utilties
Commission ft or the Idaho State Law Librar. (3 15 02)( )
013Z.. -- 099. (RSERVED).
RULES 10! THROUGH 199
RESIDENTIAL AND SMAL BUSINESS DEPOSIT PRACTICES
l- FURTHER DEFINITIONS (RLE 1(0).
As asoo in Rl:es 101 thu. 110:(7 1 93)
Øh ApplieftBt. "Applican" is restrcted fr its gCfCfI definition to refCf only to
applieBfts for residCfal or small btIsiness sCfee, llless fuhCf restrcted by rue. (7 1 93)
me Customer. "CastomCf" is restrcted fr its gCfeml definitioft to refCf only to a
eastomCf stIbserbing to resideRial or small basiness sCfee, l:ess fuhCf restcted by fle.(7 1 93)
lE Deposit. "Deposit" means an payCft held as seooty for futm paymCfts or
pCfBfee for sCfee pf07;ided by that telephone compan or othCf telephone companes fOfwhich it bils. (7 1 93)
94 Laeftl Exekftge Compimy (LEC). "Loeal exchange eOfpan" meBfS the
telephone eompan pfOviding or that woald PfV'de loeal exchtie sCfee to a OOStOfCf orapplicant. (7 1 93)
Ø5 MTS COmpftBY. "MTS Company" means a telephone compan pfOV'ding or that
7,i0l:d pfOvide MTS sCf"Iee to a eastOfCf or appliean, except that companes Pf'f"Iding àoth
loeal exchange sCfee and MTS ar considerd loeal exchange companes for p1:ose of thedeposit fles. (7 1 93)
161. DEPOSIT REQUIREMENTS -- LECS (RULE 10lQ).
01. Residential Customers. No local exehange company providing local exchange
service shall demand or hold any deposit from any CUCft residential customer 6f aplicant for
servce without proof that the customer or applieaRt is likely to be a credit risk or to damage the
proper of the local exchange company or MT other companes for which it bils. A history of
late payment or lack of previous history with the local exchange company does not, in itself,
constitute such proof. A local exchange company shall not demand or hold a deposit under this
rule as a condition of service from a residential customer or appliean unless one or more of thefollowing critera applies: (7 1 93)( )
a. The customer or applicant has outstanding a prior residential serice account wi
B: telephone eompan that accred within the last fom (4) yeafS and at the time of application
for service remains unpaid and not in dispute. (7 1 93)( )
b. The customer's or applieaR's serice frm an telephone eompB: has been
temporarly denied or terminated withn the past four (4) year for one (1) or more of thefollowing reasons: (7 1 93)( )
i.Non-payment of any undisputed delinquent bil;(7-1-93)
IÍ MisrreseRation of the oostomCf's or applieB:'s identy for the puose ofoàtaining telephone sCfee; (7 1 93)
it Failme to fCmbtIrse the telephone compan for damages dle to negligeR or
intenonal acs ofthe eastomCf; or (7 1 93)
IV!. Obtaining, divering or using telephone serce without the authorization or
knowledge of the telephone company. (7-1-93)
c. The applicant customer does not have verifiable previous telephone serice that
was in existence for a period exceeding twelve (12) months and does not pass an objective creditscreen. (7 1 93)( )
d. The telephone company has determined that !information provided by the
appliean customer is materially false or materially misrepresentat~ of the applieæit'scustomer's tre status. (7 I 93)( )
e. The appliean customer requests service at a residence where a prior subscriber
stil resides and where any balance for service to that prior subscriber incured at that location ispast due or owing. (7 I 93)( )
02. Small Business Customers. No local exchange company providing local
exchange service shall demand or hold any deposit as a condition of service from any curent
small business customer or appliean for small business service unless one (l) or more of thefollowing criteria apply: (7 I 93)( )
a.Any of the conditions listed in Rule lQlQ.Ol ofthis rule are present.(7 I 93)()
b.
company.
The appliean customer has not had previous service with that telephone
(7 I 93)( )
c. The customer was delinquent in payment two (2) or more times in the previoustwelve (12) months. (7-1-93)
03. Bankrupt Customers. If æi applicant for serviee or a customer, either residential
or a small business, has sought any form of relief under the Federal Banptcy Laws, has been
brought within the jurisdiction of the banptcy cour for any reason in an involuntar maner,
or has had a receiver appointed in a state cour proceeding, then a deposit may be demanded as
allowed by the Federal Banptcy Aet of 1978, afd in parietIlar II USC 366, or as direeted bythe stte eoOO Laws. (7 1 93)( )
10i!. OTHER DEPOSIT STANDARDS PROHIBITED (RULE 10il).
A local exchange company shall not require a deposit or other guarantee as a condition of new or
continued residential telephone service based upon residential ownership or location, income
level, source of income, employment tenure, nature of occupation, race, creed, sex, age, national
origin, marita status, number of dependents, or any other criterion not authorized by these rules.
Rules governng deposits shall be applied uniformly. If an applicaRt the customer for serviee,
either residential or small business, selects another MT company to provide services and
aranges to be biled directly by that MT company, rather.than through the bé local exchange
company, no deposit may be collected by the bé local exchange company for MT the services
provided by the MT other company. (7 I 99)( )
l- (RSERVD).
104~. WRTTEN EXPLANATION FOR DENIAL OF SERVICE OR REQUIREMENT
OF DEPOSIT -- LECS (RULE 104£).
Upon reqtest of the appliean or e\lstomer, If the local exchange company ll requires a cash
deposit as a condition of providing service, then it shall immediately provide an vlftten
explanation to the applicæit or customer stating the precise reasons why it reqtIires a deposit or
dCfes sCfee is required. The applieaR or customer shall be given an opportity to rebut these
reasons. The applieant or oostomCf mast be offllY notified of the right to a wflttCf exlanaton In
the event of a dispute, the customer must be advised that an informal or formal complaint may befiled with the Commission. (7 1 93)( )
105~. AMOUNT OF DEPOSIT -- LECS (RULE 105~.
Øh Loeal Exehftge Seniee. A deposit allowed pursuant to Rule 1Ol as a condition
of serce by a local exchange company for applieans or oostomCfS shall not exceed two (2)
months' charges for local exchange serice. Additional deposits for damage or other reasons
independent of usage may be in reasonable amounts. (7 1 93)( )
~ MTS Biled hy the LEC. In addition to a deposit allowed pmsuBft to RtIle
1 05.01, a local exchange company pmviding or biling for message teleeommieations sCfee
(MTS) may ask for a reasonable deposit. Deposits for eastomCf exected to take sCfee for
short perods of tie (e.g., political eB:aigns, eOflftCftions, faif) may be based on expectedasa-e dung the tie in sefviee. (4 5 00)
Ø3 MOBitorIBg Deposits Bftsed 6B MTS Usage. The deposit may be monitored for
as long as the deposit is reqled Bfd may be incrased whCf MTS asage biled by the LEC in a
one month perod exceeds by fift dollfls ($50) or more the portion of the oostomCf's depositcoverng one month's MTS asage. (7 1 93)
10~. INTEREST ON DEPOSITS (RULE 106.
01. Interest Payable. Interest wil be payable on the deposited amounts at the rate
provided by Rule 1~.02 of ths rule. Interest wil accrue from the date the deposit is made until
the deposit is refuded or applied to the customer's bil; however, interest wil not accre on adeposit if: (7 1 93)( )
a. Serice is terminated temporarly at the request of the customer who leaves the
deposit with the telephone company for futue use as a deposit; or (7-1-93)
b. Servce has been peranently terminated and the telephone company has beenunsuccessful in its attempt to refund a deposit. (7-1-93)
02. Interest Rate. On or before November 15 of each year, the Commission wil
determe the twelve (12) month average interest rate for one-year Treasury Bils for the
previous November 1 through October 31, round that rate to the nearest whole percent, and
notify the telephone companies of its determination of this interest rate. That rate wil be in effect
for the following calendar year for all deposits descrbed in Rule 1 ~.01 ofthis fle.(7 1 93)( )
10~§. RETURN OF DEPOSIT -- LECS (RULE 10f~.
01. Former Customers. Upon terination of service, the deposit, with accred
interest, must be credited to the fial bil. The balance of the deposit remaining, if any, must be
retued promptly to the customer.(3-30-01)
02. Existig Customers. The deposit, '.vth accred iRtcrst, ffst cithCf be crdited
to the eastomCf's CleR bil or be refied PfOmptly by the loeal exehae eompBfY '.vhCf: If
the customer has paid all undisputed bils and has no more than one (1) late payment durng the
past twelve (12) consecutive months of serice, the telephone company shall promptly retu the
deposit (with accrued interest) by crediting the customer's curent account or issuing a refud.
(330 01)( )
ft The residenal oostomCf establishes and maintains good Cfedit; or (7 1 93)
It The Sfall basiness oostomCf maiRtains good crdit an is not delinqueR morethan once in the pri-ioas I\vel'le (12) moRths. (7 1 93)
03. Retention During Dispute. The local exchange company may retain the deposit
pending resolution of a dispute over teration of serce. If the deposit is later refuded to the
customer, the local exchange company shall pay interest at the annual rates established in Rule
106 for the entire perod over which the deposit was held. (7-1-93)
04. Early Return of Deposit. A local exchange company may refud a deposit plus
accrued interest in whole or par at any time before the time prescribed in ths rule. (7-1-93)
108Q. TRASFER OF DEPOSIT (RULE 108Q).
Deposits shall not be transferred from one (1) customer to another customer or between classes
of serice, except at the customer's request. When a customer with a deposit on file transfers
servce to a new location withn the same telephone company's servce area in Idaho, the deposit
and any outstanding balance shall be transfered to the account for the new location. (7-1-93)
1091. RECEIPT FOR DEPOSIT RECORDS OF DEPOSITS (RULE 1091).
01. Receipts. Each customer payig a deposit shall be giVCf a receit containing or
othCfwise be provided wi the following information: (4 6 05)( )
a.Name of customer and service address for which deposit is held;
b.Date of payment;
(7-1-93)
(7-1-93)
(7-1-93)c.Amount of payment; and
d.StatemCft of the tIers and conditions goverg the retu of deposits.(7 1 93)()
02. Retention of Records'. Each telephone company shall maitain records that wil
enable a customer entitled to a retu of a deposit to obtain a refud even though the customer
may be unable to produce the receipt for the deposit. These records must include the name of
each customer, the servce 10cation(sl 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 refuded to customers for a period of three (3) years after the
date of refud. The telephone company shall retain records of unclaimed deposits for a perod of
seven (7) years as required by Section 14-531, Idaho Code. (4605)( )
03. Transfer of Records. Upon the sale or transfer of any telephone company or any
of its operatig units, the seller shall cerify 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. (7-1-93)
m DEPOSITS MTS COllPANIES (RE 110).
MTS companes that do not bil and collect tbfoogh LECs may ask fo reasonable deposits.
Reqests for deposits lIst eomply with all state an federal B: discrmination statues. MTS
companes ffst comply with Rl:es 106, 107 (except Rl:e 107.02), 108 and 109. (7 1 93)
1H08. UNCLAIMED DEPOSITS AND ADVANCE PAYMENTS (RULE 1H!O.
01. Presumption of Abandonment. Pursuant to Section 14-508, Idaho Code, any
deposit or advance payment made to obtain or maitain local exchange serce, message
teleeoffeations sCfee- (MTSj, or other serces that is unclaimed by the owner for more
than one (1) year after terination of servce is presumed abandoned. (4 6 05)( )
02. Financial Assistance Program. A telephone company may apply to the
Commssion for approval to pay unclaied 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 bils. The telephone company shall remain
obligated to fie its report of such abandoned proper as required by Section 14-517, Idaho
Code, and retai records as required by Section 14-531, Idaho Code. (4-6-05)
1H09. -- 199. (RSERVED).
RULES 200 THROUGH 299
BILLING
200. FURTHER DEFINITION - BILLING STATEMENT (RULE 200).
As used in Rules 201 through 206~, ''bil'' or ''billng statement" refers to a wrtten request for
payment listing charges for goods and serices prev:oi:sly fCdCfed or for flat rete sefviees biled
in advance that is mailed or otherwise delivered to the customer for payment. A billng statement
may be provided to the customer in an electronic format with the customer's consent. Oral notice
of the amount of charges pending is not a bilL. Bils include requests for payments for services
rendered by other telephone companies or other entities that are not telephone companies. Ths
rue does not apply to bilings between or among telephone companes. (7 1 93)( )
201. ISSUANCE OF BILLSING STATEMENTS -- CONTENTS OF BILLS
RESIDENTIA AND SMAL BUSINESS SERVICE (RULE 201).
01. Local Exchange Service. Bilsing statements for residential and small business
local exchange serice sh must be issued on a regular basis. Bils, and must contain thefollowing information: (7 1 93)( )
a.The biling date the biling 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, uness the customer
has authorized automatic monthly payment. If automatic payment is authorized, the biling
statement must reflect the actual or earliest possible date that fuds wil be withdrawn from a
ban account or charged to a credit card account; (7 ,I 93)( )
d.Any amounts transferred from another account;(7-1-93)
e.Any amounts past due;(7-1-93)
f. Any payments or credits applied to the customer's account since the last bil;(7-1-93)
g.The tota amount due;(7-1-93)
h. Names of et all telephone companies or entities that ar not telepone
companes whose providing goods and serices for which the customer fle also àcing is biled,
idCffieation sufficient information to readily identify the goods and ef sericefsj bi
provided, and the amountts) ofthose bilings charged; (7 1 93)( )
i. The mailin addfess(es) or toll-free telephone number(s) available to customers Íf
the sCfviee tCftory for answering inquiries and resolving complaints about telephone goods andserices biled; (7 1 93)( )
j.An itCfzation of all non reoomng chares; and (7 1 93)
kj. An itemization of the follo'Ning recurng charges: total local exchange sCfee
bil (mileage or zone chares and chares for exended flea sCf",iee may be inelooed ifl the total
mthCf than as sepamte items), totIch tone capability, eastom callng featms, dictory listings,
wire maiRtCfBfee pltms, equipmeRt leases, an govemeRally imposed for goods and servces
provided to the customer and any associated fees, taxes, surcharges or subscriber line charges.
All othCf reClng ehares may be ineladed in a miseellaneoas biling eategory if the local
exchB:ge compan explains the chares in wrting pmstIant to IDAPA 31.41.02.101. Charges for
each elemeRt of packaged seiviees, local measmed sCfee good or serice provided as par of a
package under a single price, or et callng plans in which individual calls are no biled at a
flat rate regardless of usage need not be separately itemized if the local exchmige compan
proV'des tm expIBfation of those sCfees pmsuB: 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 serce
must itemize fOf 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 calling plan. For
collect and third-par calls the MTS provider must also itemize the origin of the call.(7 1 93)( )
03. BiDg fer Other Services. No telephone company may send demand letters or
initiate collection efforts for any amount owed by a customer who subscrbes to or is biled for
servces other than local exchange serce and MT serces or services provided by another
telephone company uness 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 containig less detail than required by this rule.
Telephone companes 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
monthy biling statements but subsequently request more detaiL. ( )
202. DUE DATE OF BILLS -- DELINQUENT BILLS (RULE 202).
The telephone company may require that bils for servce be paid withn a specified time after the
biling date. Exeept in eases eO'lerd by Rle 305, tIhe minimum specified time after the biling
date is fifteen (15) days (or twelve (12) days after mailing or deliver of a paper or electronic
bil, if bils are mailed or delivered more than three (3) days after the biling date). Upon the
expiration of this time without payment, the bil may be considered delinquent. With the
customer's approval, automatic monthy payments made by withdrawal from a ban account or
charged to a credit card account may take place prior to the normal due date if the customer hasauthorized such a payment. (7 1 99)( )
~ BILLING UNDER INPPROPRIATE RATES (RE 2(3).
ot RelJiDg Required. If a oostomCf was biled l:dCf an inappfOpriate rete, the
telephone compan ffst reealelate the oostomCf's past bilings an eOffectly ealelate furore
bilings based on the appfOpriate rate. A oostomCf has beCf biled oodCf Bf inapprpriate rete if:(7 1 93)
ft The eastomCf was biled l:Cf a rete for which the oostomCf was not eligile; of(7 1 93)
It The oostomCf, 'who is eligible for biling 11Cf more than one (1) rete, was biled
l:Cf a rate coflar to the eastomCf'S election, or the election '.vas made based tIpon Cfneoosinformation PfV'ded by the telepone compan. (7 1 93)
02 ExeepüoBs. The telephone compan shall not be reird to adjast bilings VffCf
it has acted on good faith based tIpon available information or whCf the oostomCf Vias givCf
'lltten notice of options oodCf the telepone compan's sCfiee offngs and did not make a
tiely electon to eXCfeise the oostomCf'S options. The telepone eompany may waive reilingsfor l:Cfbilings in its disCfetion. (7 1 93)
Ø3 RelJiDg Period. The perod for whehrooillng l:Cf this mle is allowed shall
be that pfOV'ded by Secton 61 642, Idaho Code, (thee (3) yefls). (7 1 93)
Ø4 RefUBds aBd AddiüoBal PaymeBts. The telephone company shall prepfle a
eOffected biling indicating the refud dle the ooSImCf or the amaRt dle the telephone
eompBfY. A: oostomCf who has beCfrmdCfbiled shall be givCf the oppofIty to make payeR
flemCfts rmdCf Rale 312 on the amol: dle. At the oostomCf's option, the tCf of the
payeR B:gemeR may exend for the ICfgt of tie that the rmdCfbiling accred. The
telephone eompB: shall promptly refud amol:s o'lCfaid by the eastomCf rmless the oostomCf
eonseRs to a crt against fure bils, except o'lCfbilings not exceeding fifieCf dollaf ($15)may be Cfedted to futme bils. (7 1 93)
204J.. INL..CCURATELY BILLED SERVICE BILLING ERRORS, BILLING UNDER
INCORRCT RATES, OR FAILURE TO BILL SERVICE UNDER CORRCT RATES
(RULE 2043..
01. Bilg Errors iø Prepar&toB llalfuBetioBs -- Failure to Bil. Whenever the
biling for telephone servce was not accurately biled because of malfuction in biling
equipment or error in preparation of bils, the telephone company shall prepare a corrected
biling. If the telephone company has not biled a customer for serice provided, the telephone
company shall prepare a bil for the period in which serice was provided and the customer was
not biled. At its discretion, Tlhe telephone company may waive rebiling for
underbilinscharges in its discrion. (7 1 93)( )
02. Bilg Under Incorrect Rates. A customer has been biled under an incorrect
rate if the customer was biled under a rate for which the customer was not eligible or the
customer, who is eligible for biling under more than one (1) rate, was biled under a rate
contrar to the customer's election or the election was made based upon eroneous information
provided by the telephone company. If a customer is biled Under an incorrect rate, the telephone
company must recalculate the customer's past bils and correctly calculate futue bils based on
the appropriate rate. The telephone company is not required to adjust bils when it has acted in
good faith based upon information provided by the customer. ( )
M-J.. COFFeeüoBsRebilg Time Period.(7 1 93)()
a. If the time when the Cfr in preflation or malficton of biling eqilpmeR
biling error, biling under incorrect rates, or failure to bil (collectively referred to as ''biling
problem") began canot be reasonably detered to have occured within a specified biling
period, the corrected bilings shall not exceed the most recent six (6) months before the discoveryof the Cfr or malfuetiOfl biling problem. ( )
b. If the time when the malfuetoft or Cfr or faill: to biling problem began can
be reasonably determined, and the telephone company deterines the customer was
overcharged, the corrected bilings shall go back to that time, but ne not to exceed th three (3)
years from the time the biling problem occured as provided by Section 61-642, Idaho Code(te (3) yeaf). ( )
c. If the time when the biling problem began can be reasonably deterined and the
telephone company determines the customer was undercharged, the company may rebil for a
period of six (6) months unless a reasonable person should have known of the inaccurate biling,
in which case the rebiling may be extended for a perod not to exceed thee (3) years. The
telephone company is responsible for identifyng customers who have not been biled or whohave been inaccurately biled. ( )
~. Refunds aBel AeltlOBtt Pa-eBts. The telephone company shall prepar a
eOffcted biling indicating the refud dae the oostomCf or the flOoot dle the telepone
eompan must promptly calculate refud amounts overaid by the customer and issue a credit
within two (2) biling cycles. Any remaining credit balance shall be credited against future bils
uness the customer, after notice from the telephone company, requests a refud and the amount
is more than twenty-five dollars ($25). The telephone company shall advise the customer of the
option to have any remaining credit balance exceeding twenty-five dollars ($25) refuded. A
oostomCf '.vO has beCf oodCfbiled shall be giyCf the oppofhty to make payteR
flgemeRs l:Cf Rle 312 on the amonn dle. At the oostomCf's option, the tCf of the
payeRt flanemeR may extCf for the ICfgt of tie that the nnCfbiling aeemed. The
telephone compan shall promptly refud amol:s o'lCfaid by the oostomCf l:ess the oostomCf
eonsCfts to a crdit against fuMe bils, exeept o'lCfbilings not exceeding fifteCf dOllafs ($15)
may be Cfedited to futu bils. (7 1 93)( )
05. Additional Payments. The telephone company must promptly prepare a
corrected biling for a customer who has been undercharged, indicating the amount owed to the
company. An unbiled or undercharged customer must be given the opportunty to make payment
arangements under Rule 310 on the amount due. At the customer's option, the term of the
payment arangement may extend for the length of time that the under biling accred or thecustomer was not biled. ( )
20~. BILLING PROHffITED - BILLING DISPUTES (RULE 205Ð.
01. Unauthorized Charges. No pCfon telephone company shall bil or eaase anothCf
pCfon to bil for unanswered or unaccepted telephone calls, telephone calls placed to a toll-free
number, or telephone serce or other goods and sericefsj or mCfchanise not ordered or
otherise authorized by the customer of record. Any chafes for these sCfees that appeaf on a
oostomCf'S bil shall be fCoved fr the ClstomCf's bil no latCf than two (2) biling cycles
following notiee to the telephone eompB:. DisptIted ehafes ffst be removed frm the
oostomCf's bil vlÍthn hvo (2) monts of vihCf oostomCf notify the eompan that the eastOfCf
has beCf ooable to cithCf. contact or Steeessfuly resolve a disptIte with the sCfee or goods
pro'l'idCf B1d that the charge is still in displ:e. A telephone company that unowingly submits a
bil containing charges for unanswered or unaccepted telephone calls, telephone calls placed to a
toll-free number, or telephone serce or other sercefs) or mCfB1dise goods not ordered or
otherse authorized by the customer of record shall fl be considered in violation of ths rule if
uness the disputed amounts are removed from the customer's bil within two (2) biling cycles
of the customer's notification to the company. f7
02. Billig Disputes. A telephone company that bils and collects for other telephone
companies or entities is responsible for either addressing biling disputes regarding unauthorized
goods and services for which it bils or advising customers how to contact the providers of those
goods and services. If a customer is unable to either contact or successfully resolve a dispute
about unauthorized goods and serices for which the telephone company bils, a credit equa to
the disputed charges must be applied to the customer's account within two (2) biling cycles ofthe customer's notification to the company. ( )
206~. TRl..""SFER OF BILLS RESIDENTIA SERVCE RESPONSffILITY FOR
PAYMENT OF RESIDENTIAL SERVICE BILLS (RULE 206~.
01. Customer DeÎmed. For purposes of ths rule, "customer" means a person whose
name appears on the telephone company's regular bil for residential serice or who signed a
wrtten application for residential service or another document informing the customer that he or
she was assuming an obligation for payment of serice. (7-1-93)
02. Customer's Responsibilty. A customer shall not be held responsible for
payment of an amount not biled for the customer's own serice or through use of the customer's
own credit or facilities and whose own name does not appear on the curent bil or applicationfor service, unless: (7-1-93)
a.The customer expressly accepts responsibilty for payment of the other person's
(7-1-93)bil; or
b.The customer has a legal obligation to pay the other person's bil.(7-1-93)
03. Customer Notice. The telephone company shall provide wrtten notice of its
intent to add to the customer's bil for curent serice an amount owed for: ()
a.Another person's bil; or ()
b. Service rendered at a former service location, if the lapse in serice exceeds sixty (60) calendar days. ( )
The notice may be provided in an electronic format with the customer's consent.()
03. Contents of Notice of Tl'ftBsfel' of BiD to ABotler Customel'. No telepone
eompan shall tfB:sfe an aiol: oVl'ed by a eastomCf or formCf oostomCf to anothCf
oostomer's account withol: notice to the lattCf. The notice must include the follov,9ug
information eoneCfng the aiolH the telepone eompBfY is pfOposing to IfsfCf:
(7 1 93)( )
(7-1-93)a.The name of the customer of record who owes the bil;
b. The servce location and telephone number or account number involved; (7-1:"93)
c.The time over which the IfsfCfd bil amount was accumulated; (7 1 93)()
d.The amount owed;(7-1-93)
e. The reason(s) for IfsfCfng adding the bil amount to the customer's aecol:biling statement; (7 1 93)( )
f. Statement that payment arangements may be made on the amount owed; (7-1-93)
g. A statement that the customer has a right to contest the IfsfCf yift the telephone
company's proposed action 6f by contacting the Commission; and (7 1 93)( )
h. The response deadline after which the bil amount wil be IfsfCf added to thecustomer's biling statement. (7 1 93)( )
04S-. Opportnity to Response!! Period. The customer is Cftitled to must be given a
minimum of seven (7) calendar days from the date of its proposed action to respond to theIfsÍC telephone company notice. ~
OS. TrftBsfer of Bils fot' Customers Who Move. The telepne eOfpffY is not
reqared to notifY a oostomCf of its iRten to IflisfCf an BlOl: owed if that eastomCf remains a
castomCf mUlieà on the 13il mià moves to another loeation vlItmn that telephone eompany's
sefee tCftory and the lapse in sCfee does not exeeed sixty (60) days. (7 1 93)
~ BILLING FOR OTHER SERVICES (RULE 207).
Telephone compan bils for OthCf sCfees shall eoRtain the mailing addrss(es) or toll fre
telephone nller(s) available to etIstomCf for answerng inqafÍes and resolving eomplaiRts
abotIt th sCfvlees biled, stieiCft information to readily ideRfY the sCfvlee pfOyidCf, the
sefVees rCfdCfed, the assoeiated specific charges for vthch the bil is tCfdCfed. NotvlIthstaning
an eofletl or reguatry provisions to the eoll, no telephone company shall 13e fCqtire
to bil its eastomCfS on 13chalf of 81' pCfon who fails to stIbmit to the telephone eompliY the
information necessar to Cfable it to comply 'vvith this Me. . (7 1 99)
2082. -- 299. (RSERVED).
RULES 300 THROUGH 40 399
DENIA, RESTRICTION, AND TERMINATION OF SERVICE
30 (RSERVED).
301l!. REQUIREllENTS EXPLANATION FOR AN CONTENTS OF NOTICE OF
DENIAL OF A SERVICE TO A CUSTOMER (RULE 301!!.
If a telephone company intends to deny an fYlailable service to Bf applicant a customer under
Rule 301, the telephone company must give the aplieant VfftlCf provide an explanation of
refusal to SCfe. The explliation ffst state: to the customer stating the reasons for the telephone
company's refusal to sere and the necessar action(s) to be taken to receive serice. In the event
of a dispute, the customer must be advised that an informal or formal complait concernngdenial of servce may be fied with the Commssion. (7 1 93)( )
Øh The ReasoBs for DeBial af tle Semee.(7 1 93)
02. AeüoBs of ApplieaBt. Actons the applieaR may take to reeciv:e the telephoneeompan's SCf\llee; and (7 1 93)
Ø3 Filg Complait. That an infoffal or formal complaiRt eoneemg denal of the
sCfee may be filed vlÍth the telepone eompan or the Commssion. (7 1 93)
30il. GROUNDS FOR DENIAL OR TERMINATION OF LOCAL EXCHAGE
SERVICE WITH PRIOR NOTICE (RULE 30il).
A telephone company may deny or terinate local exchange service to a customer or applicBft
without the customer's or appliean's permission, but only after adequate notice has been given
in accordance with these rules, for one (1) or more of the following reasons: (3 30 01)( )
01. Customer Did Not Pay Undisputed DelitlueBt Bils. The oostomCf or applieant
did not pay With respect to undisputed delinqent bils for local exchange sm'iees or paid a
delinqeR bil for local exchane setees with an dishonore cheek. past due bils for local
exchange servce, the customer: (1 1 95)( )
a.Failed to pay;()
b.Paid with a dishonored check; or ()
c.. Made an electronic payment drawn on an account with insuffcient fuds. ()
02. Customer Failed to Make a Security Deposit. The customer or applicant failed
to make a security deposit, when one is required. (3 30 01)( )
03. Customer Failed to Abide by Terms. The customer 6f applicant failed to abide
by the terms of a payment arangement. (7 1 93)( )
Ø4 Customer MisrepreseBted IdeBti. The oostomCf or applieaR miSfepresCfted
the oostOfCf'S or applicant's identy for the puose of obtaining telephone sCfee. (7 1 93)
o~. Customer Is Wilfully Wasting or Interfering with Servce. The telephone
company deterines as prescribed by relevant state or other applicable standards that the
customer or applican is wilfully wasting or interfering with serice though improperequipment or otherise. (7 1 93)( )
06.s. Customer Is UsIBg Setvee(s) far Whim tle Customel' 01' ApplieaBt Did Not
Apply a Minor. The customer is a minor not competent to contract as described in Sections 29-101 and 32-101, Idaho Code. . (7 1 93)( )
06. Obligation to Connect Servce. Nothng in this rule requires the telephone
company to connect service for a customer who owes money on an existing account or from a
previous account if the unpaid bil is for serce provided withn the past four (4) years. ( )
303~. GROUNDS FOR 'DENIA OR TERMINATION OF A SERVICE, WITHOUT
PRIOR NOTICE (RULE 303~).
A telephone company may deny or terminate a serce or all serices without prior notice to the
customer or applieaR and without the customer's or applican's perission for one (1) Of moreany of the following reasons: (7 1 93)( )
01. Dangerous Condition. A condition immediately dangerous or hazardous to life,
physical safety, or propert exists, or it is necessar to prevent a violation of federal, state orlocal safety or health codes. (7-1-93)
02. Ordered to Termiate Servce. The telephone company is ordered to terinate
servce by any cour, the Commission, or any other duly authorized public authority. (7-1-93)
03. Illegal Use of Services ObtaiBetl lIegaHy. The serce(s) was (were) obtained,
diverted or used without the authorization or knowledge of the telephone company.(7 1 93)( )
04. Customer Unable to Be Contacted. The telephone company has tred diligently
to meet the notice requirements of Rule 304J, but has been unsuccessful in its attempt to contactthe customer affected. (7 1 93)( )
05. Misrepresentation of ItleBüty. The oostomCf has misresCfted the oostomCf'S
identy for p'Uoses of obtaining telephone sCfiee Bfd has fl or an inaequate seooty deposit
Oft fie with the compan and has an otItstBfding bil exceeding one handfed ($1 00) dollars The
telephone company has determined that information provided by the customer is materally false
or materially misrepresents the customer's tre status. (7 1 93)( )
304~. REQUIRMENTS FOR NOTICE BEFORE TERMINATION OF LOCAL
EXCHAGE SERVICE (RULE 304~.
01. SeveB Day Initial Notice. If the telephone company intends to terinate local
exchange service under Rule 302-1, it must send to the customer written notice of terination
mailed at least seven (7) calendar days before the proposed date of terination. Ths wrtten
notice must contain the information required by Rule 3061. (3 30 01)( )
02. TweBty Four Hour Final Notice. At least twenty-four (24) hours before actual
termination, the telephone company must dilgently attempt to contact the customer afcted to
apprise the customer of the proposed action and the steps to the customer must take to avoid or
delay terination. Ths oral notice must contain the same information required by Rule 3061.
(3 30 01)( )
03. Additional Notice. If the telephone company has not terminated servce withn
twenty-one (21) days after the proposed termination date as specified in a wrtten notice, the
telephone company must again provide notice under Subsections 304J.Ol and 304J.02 if it stil
intends to terminate serice. (3 30 01)( )
04. Failure to Pay PaymeBt with DishoBored Cheek. No additional notice of
terination is required if, upon receipt of a ternation notice: (3 30 01)( )
a. The customer makes a payment arangement and subsequently fails to keep thatarangement; 6f (3 30 01)( )
b.The customer tenders payment with a dishonored check;; or (7 1 99)()
)c.Makes an electronic payment drawn on an account with insuffcient fuds. (
39 (RSERVED).
30~. CONTENTS OF NOTICE OF INTENT TO TERMINATE LOCAL EXCHAGE
SERVICE (RULE 30~.
01. Contents of Notice. The written or oral notice of intent to terinate local
exchange serice required by Rule 304J. must state: (1 5 95)( )
Ma. The ReasoBs. The reason(s), citing these rules, why serce wil be terinated
and the proposed date of teration; (7 1 93)( )
9il!. AetoBs. Actions the customer may take to avoid terination;(7 1 93)()
~. Cemlìeate of Serious IlIess or Metleal EmergeBey. That a cerificate
notifying the local exchange company of a serous ilness or medical emergency in the household
may delay termnation under Rule 308Q; (1 5 95)( )
94ll. ComplaiBt May he Filed. That an informal or formal complaint concerg
terination may be filed with the telephone company or the Commission, and that service wil
not be terminated on grounds relating to the dispute between the customer and telephone
company before resolution of the complaint (the Commssion's mailing address, Interet
address, and telephone number must be given to the customer); (7 1 99)( )
~. TelephoBe CompaBY Wig to Make PayeBt Arl'aBgemeBts. That the
telephone company is wiling to make payment arrangements (in a wrtten notice this statementmust be in bold print); and (7 1 99)( )
Ø6f. Pamal PaymeBts. What amount must be paid in order to avoid terination of
local exchange service and Tlhat for ptoses of diseoflecton, parial payments wil be applied
toward past due charges for local exchange service chafes first, tiess the oostomCf requests
othCfise, and that ehafes for sCfees OthCf than local exehange serces eaiot be ased as abasis for diseonnecton. (7 1 99)( )
3Of~. TERMINATION OF LOCAL EXCHAGE SERVICE -- MATENANCE OF
RECORDS (RULE 30-1S).
Each telephone company shall maintain for thee months clear, wrtten records of the oral notices
to terinate local exchange service required by Rule 304J..02 showing dates and telephone
company employees giving the notices. (1 5 95)( )
308~. SERIOUS ILLNESS OR MEDICAL EMERGENCY (RULE 3~.
01. Medical Certificate -- Postponement of Termiation of Local Exchange or
ms Long-Distance Services. A telephone company offering local exchange or MT long-
distance serce between a residential customer and the customer's nearest communty providing
necessar medical facilities or servces must postpone termination of local exchange or MT
long-distance serice to a residential customer for thirt (30) calendar days from the date of
receipt of a wrtten certificate signed by a licensed physician or public health official with
medical training. The cerificate must contain the following information: (4 6 05)( )
a. A statement that the customer, a member of the customer's family, or other
peranent resident of the premises where serice is provided, is serously il or has a medical
emergency or wil become serously il or may have a medical emergency because of termation
of serice; and that terination of local exchange servce would adversely affect the health of
that customer, member of the customer's family, or resident ofthe household. (4 6 05)( )
b. If the customer requests that terination of MT long-distance serice be
postponed, a statement that terination of MT long-distance serce would impai the
customer's abilty to communicate with necessar medical facilities or services. (4 6 05)( )
c. The name of the person whose serous ilness or medical emergency would be
adversely affected by termination and the relationship to the customer. (4-6-05)
d. The name, title, and signatue of the person certifyng the serous ilness ormedical emergency. (4-6-05)
02. Restoration of Service. . If local exchange or MT long-distace service has
already been terminated when the medical cerificate is received, the appropriate serice shall be
restored as soon as possible, but no later than twenty-four (24) hours after receipt. The customer
shall receive local exchange and necessar MT long-distance services for thirt (30) calendar
days from the telephone company's receipt of the cerificate. (4 6 05)( )
03. Second Postponement. The telephone company ff may postpone terination
of local exchange and necessar MT long-distance serice for an additional thrt (30) days
upon receipt of a second cerificate stating that the serous ilness or medical emergency stil
exists, wiess durng the perod of the first eertifieate excessive or lifled MTS ealls VlCf
inciled Bfd not paid or the oostomCf refused to eRtCf into paymen 8fngemens. (4 6 05)( )
04. Verification of Medical Certificate. The telephone company may verfy the
authenticity of the certficate and may refuse to delay terination of serce if the certificate is a
forgery or is otherwise fraudulent. . (7-1-93)
05. Obligation to Pay. Nothg in this rule relieves the customer of the obligation to
pay any undisputed bilL.(4-6-05)
3091. MEDICAL FACILITIES -- SHELTER CAR (RULE 3091).
Where local exchange or MT long-distance serces is are provided to a customer known by the
telephone company to be or identifyng itself as a medical care facility, including a hospital,
medical clinic with resident patients, nursing home, interediate care facilty or shelter care
facility, notice of pending termination shall be provided to the Commission and to the State
Deparent of Health and Welfare as well as to the customer. Upon request from the
Commission, a delay in termination of no less than seven (7) calendar days from the date of
notice shall be allowed so that action may be taken to protect the interests of the facility'sresidents. (1 1 95)( )
3lO~. INSUFFICIENT GROUNDS FOR TERMINATION OF LOCAL EXCHANGE
SERVICE (RULE 3lOID.
01. Termiation Prohibited. No customer shall be given notice of terination of
local exchange serices nor shall the customer's local exchange service be terated if the
unpaid bil cited as grounds for terination is: (1 1 95)( )
Mll. Less Th8B Fifty DOUftFS. The oostomCf's oopaid bil cited as grnds fortCfination is lless than fifty ($50) dollars~;. (7 1 99)( )
9il!. TelephoBe SeFVee to ftBY Other CustomeF OF Former CustomeF. The rmpaid
bil cited as gfCmnds for tCfination is fEor telephone service provided to any other customer or
former customer (uness that customer has a legal obligation to pay the other bil) or for an
et l! class of service (business or residential) other than the one to which the customercurently subscribes~;. (1 1 95)( )
93~. Results From the Pureh8se of liTS 8Bd Other SeFVes. The llpaid bil cited
as gFooods for tCfination of sCfee resalts frm the pmchase of For MTS ft or other goods
and serices provided by the telephone company or for which the telephone company bils;
inelooing btIt not limited to:;. (1 1 95)( )
ft Directory advCfsing;(1 1 95)
It Information sCfvlees, opCfor sCfvlees or othCf sCfviees not pfOvided by localexchange companes; (1 1 95)
e. Leased or pmchased eastomCf proses eqapmeR or OthCf meranse; or
(1 1 95)
è.Inside wife maiRtCfanee.(3 30 01)
Ø4 Other PeFSoB H8S 8B UBp8id Bftftee far SeFVee. The eastomCf li'les at a
residCfee where BfothCf pCfson lives Bfd the OthCf pCfon has an oopaid balance for sCfee,
exeept vfCf the oostomCf has a legal obligation to pay the othCf pCfsons's bil. (1 1 95)
d. For serice provided four (4) or more years ago uness the customer made a
payment on the bil withn the past four (4) years, or the customer signed a wrtten paymentagreement and then failed to pay; ( )
e.The subject of an informal or formal complait filed with the Commission; or ()
t. Is at issue in a case pending before a court in the State of Idaho uness terminationis authorized by cour order. ( )
3H09. RESTRICTIONS ON TERMINATION OF LOCAL EXCHAGE SERVICE
OPPORTUNITY TO AVOID TERMINATION OF LOCAL EXCHANGE SERVICE
(RULE3HQ2.
01. When Termiation Not Allowed of Servce is Prohibited. Unless the eastomCf
affcted has consented in Vffti, local exchange sCfee shall not be tCfated on any Friday
aftCf twelve noon or on an Satmay, Sl:day, legal holidays reeogized by the state ofIdah, or
aftCf I\velye noon on an day immediately before an legal holiday, or at an tIfe VffCf the
telephone eOmpfify's basiness offiees are not open for btIsiness, e;Except as authorized by Rl
303.01 and 303.02, or for non fCsideRial oostomCf, as authorized by any StIbsection of Rule
30~2 or this rule, serce provided to a customer shall not be terinated-;: L()eal exchane
sCf""iees may be teffHuated only bctweCf the homs of 8 a.m. an 4 p.m., except as al:horized byRles 303.01 and 303.02. (1 1 95)( )
a. On any Friday, Saturday, Sunday, legal holidays recognized by the State of Idaho,
or on any day immediately preceding any legal holiday; or ( )
b.At any time when the telephone company is not open for business.()
02. Pers6BBei to Authorize ReeoBBeeüoB Times When Service May Be
Termiated. Each telephone company providing local exchange sCfee shall have pCfonnel
available aftCf the time of tCfÎfatiOft who ar al:orized to reconnect sCfee if the eonditions
cited as grl:s for tenation ar eOffected to the telephone company's satisfaction.
CtIstomCf may be asked to pay reeonnecton fees before restofaion of sm'Iee. Service may beterated: (1 1 95)( )
a. At any time when there is a dangerous condition pursuant to Rule 302.01 or the
telephone company is ordered to do so puruat to Rule 302.02; ( )
b. Between the hours of 8 a.m. and 5 p.m., Monday through Thursday, for any
reason authorized by Rules 301 and 302; ( )
c. Between the hours of 8 a.m.. and 5 p.m. on Friday for ilegal use of service
pursuat to Rule 302.03 or ifthe premises are unoccupied and serice has been abandoned; or
( )
d. Between the hours of 5 p.m. and 9 p.m., Monday though Thursday, if the
telephone company is unable to gain access to its equipment durng the normal business hours or
for ilegal use of service pursuant to Rule 302.03. ( )
03. Servce to Persons Not Customers. If local exchange servce 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 servce and afford the
person(s) a reasonable opportnity to negotiate directly with the telephone company to purchaseservce in the residents(s') own name(s). (1-1-95)
04. No Termiation While Complaint Pendig. Except as authorized by order of
the Commission or of the Judiciar, local exchange servce shall not be ternated for failure to
pay amounts in dispute while a complaint over that telephone service filed pursuant to Rule 4021
is pending before this Commission or while a case placing at issue payment for that telephoneserice is pending before a cour in the state ofIdaho. (1 1 95)( )
05. Customer Requested Termiation. Nothing in this rule prohibits a telephone
company from terminating serce at any time pursuant to a customer's request. ()
31iQ. PAYMENT ARNGEMENTS (RULE 31iQ).
01. Arrangements Alowed. When a customer canot pay a bil in full, the telephone
company may continue to sere the customer if the customer and the telephone company agree
on a reasonable portion of the outstànding bil to be paid immediately, and the maner in which
the balance of the outstanding bil wil be paid. (7 -1-93)
02. Reasonableness. In deciding on the reasonableness of a paricular agreement, the
telephone company wil take into account the customer's abilty to pay, the size of the unpaid
balance, the customer's payment history and lengt of; service, and the amount of time and
reasons why the debt is outstanding. (7 1 93)( )
03. Application of Payment. Payments are to be applied first to the undisputed past
due balance owed by the customer for local exchange servces, Bfd associated installation
ehafes, taxes, B: smhafes, U:ess the oostomCf designates othCfse. (7 1 99)
Ø4 Notiee of ADoeaüoB Proeedures. The telepone compan shall notify oostomets
of its pfOeedmes for allocating parial paymeRs in its an Stff of these fles givCf
ptIrsaant to Rale 602.01 and in its VfftlCf SCVCf day notice seR puaant to Rle 304.01. In
discussing or negotiating payment arangements, the local exehge telephone company shall
advise the customer what amount of payment the customer must allocate to local exchange
serice or to MT long-distance service or other goods and services in order to PfCieR the
ternation of or restrcton of aeeess to retain those goods and serices. If the telepone
compan successfuly eoRtacts the oostomCf pmstIan to the reIfeRs of Rl:e 304.02, the
eompair)' shall likC'.vise advise the oostomCf of the amOtIRts that the oostomCf ffst allocate to
local exchange sCfee and/or MTS ifltate setv-iees or OthCf sCfees to tyroid temation ofthese scfVees. (7 1 99)( )
~. Second Arrangement. If a customer fails to make the payment ageed apon by
the agreed due date that it is dte, the telephone company may, but is not obligated to, enter into asecond arangement. (1 1 95)( )
, 06~. When Arrangement Not Bindig. No payment arangement binds a customer if
it requires the customer to forego any right provided for in these rules. (1-1-95)
3B (RSERVD).
3141. DENIA, RESTRICTION, MODIFICATION, OR TERMINATION OF MT
LONG-DISTANCE SERVICE OR OTHER SERVICES (RULE 3141).
01. Compliance. Telephone companes regulated under Title 61, Idaho Code,
providing MT10ng-distance or other servces must comply with Rules 30+Q., 303,i, Subsections
3-109.03 and 3-109.04, and Rule 312-Q. in connection with denial, restrction, modification, or
termination of those services. Telephone companies providing MT long-distace or other
serices must provide reasonable notice before terminating or restrcting access to such serces,
except as provided by Rule 303,i. Telephone companies providing MT long-distance services
must provide reasonable notice before modifying a customer's existing serce. Nothing in this
rule abrogates customers' rights uIder those telephone companes' tarffs or fiings, wrtten
agreements with customer, or obligations otherise imposed by statutory or common law.(7 1 99)( )
02. Failure to Pay. A customer's failure to pay for undisputed MT long-distance
charges biled by the local exchange company may result in loss of 0+ or 0- and 1 + dialing
access to MT long-distance servces until such time as the customer pays the undisputed
charges and any applicable reconnection charges, ifan. (7 1 99)( )
03. Loss of Servces. Customer failure to pay undisputed charges for other serices
may result in loss of those serices. (1-1-95)
312. CESSATION OF SERVICE IN A SERVICE ARA (RULE 312).
01. Single Local Service Provider. A telephone company that intends to terinate a
service regulated under Title 61, Idaho Code, and an eligible telecommunications carrer that
intends to terinate its unversal serice obligation in an area where it is the only eligible
telecommunications carer, must comply with the following: ( )
a. Petition the Commission for authority to termate the servce at least ninety (90)
days before the company intends to terminate the service. If the Commission does not deny the
petition or set it for hearng within ninety (90) days after receivig the petition, it shall bedeemed approved; ( )
b. Mail a notice to each affected customer and to each telecommuncations provider
affected by the proposed cessation no later than ten (10) days after filing its petition with theCommission. ( )
c. Include with its petition a copy of the notice to customers and the number of
customers affected by the proposed cessation; ( )
d. Demonstrate that the termination wil not deprive the public of necessar telephoneserices; ( )
e. Obtain Commission approval before transferrng
telecommunications providers.
customers - to other
( )
02. Competitive Local Service Provider. A local exchange company that intends to
terinate local exchange service that is not subject to regulation under Title 61, Idaho Code, and
an eligible telecommuncations carer that intends to terinate its universal servce obligation in
an area where it is not the only eligible telecommunications carer, must comply with thefollowing: ( )
a. Provide notice to the Commission and each affected customer at least fort-five
(45) days prior to the proposed termination of serice; ( )
b. Inform the Commission of the number of customers and the other providers
affected by the proposed terination, and the company's plan to ensure that all customers served
by the company wil continue to be served; ( )
c. , The telecommunications company may, after complyig with this rule, transfer
customers to another telecommuncations provider without obtaining affrmative approval from
affected customers if the following conditions are satisfied: ( )
b The company terinating serce has a wrtten commtment from another provider
to accept all ofthe exiting company's customers within the receiving company's serce area;( )
ü. All affected customers are notified at least fort-five (45) days in advance that they
may apply to another telecommuncations company. for the serice that is being terinated, and
that if they do not obtain serce from another provider, then the exiting company wilautomatically transfer them to the receiving company. ( )
il. The receiving company may provide service to the terinating company's
customers for up to forty-five (45) days without the affected customer applying for serice from
the receiving company. If the affected customers do not apply for service from or otherwise
affirm an agreement to be sered by the receiving company within fort-five (45) days, the
receiving company may discontinue serice. ( )
3153.. - 40 399.(RSERVED).
RULES 400 THROUGH 499
COMPLAINT PROCEDURE
40l. COMPLAINT TO TELEPHONE COMPANY (RULE 401!!.
01. Subject Matter. A customer or appliean for service may complain to the
telephone company about any deposit or guarantee required as a condition of service, biling,
termination of service, quality or availabilty of service, or any other matter regarding telephone
company services, policies or practices for local exchange service, MTS, operator and direetory
assistane serviees, or other services. The etistomer or appliean may reqtiest a eoafereaee vAth
the telephone eompan, bl: this proYisioa does aot affeet any state of limitation th migh
otherAse apply. Complaints to the telephone company may be made orally or in wrting. A
complaint is considered fied when received by the telephone company. In making a complaint
or reqtist for eonferenee, the customer or applicant shall state the customer's or applicant's
name, service address, telephone number and the general nature of the complaint. (7 1 93)( )
gi OllligatioBs for BiIiBg Disputes. A loeal exehane eompany that bils an
eolleets for other eatities is responsible for either addressing eomplaiats for all serviees and
merehadise biled or for proYidiag the etistomer vAth the mailiag addressEes) or toll fre
telephoae fNbers so the etistomer may eoRtaet the sapplier of serviees or merehandise biled. If
the etistomer iaforms the LEC that another eompaRY's eha-ge is disputed, the LEC mtist stop any
pay-eat alloeations to the disputed eharge. The displ:ed eha-ge must be permaneRtly removed
frm th LEG's bil ao later than two (2) biling eyeles follov.'iag th biling eyele dmiRg wliieh
th eomplaiRt is registered lIless the etistomer agees to pay the diSfl:ed bil prior to tht time.
(7 1 99)
~~. COBfeFeBee Company Investigation. Upon receiving a complaint or a reqtiest
for eoaference, the telephone company shall promptly, thoroughly and completely investigate the
complaint, confer with the customer or applieant when requested, and notify the customer 6f
appliean of the results of its investigation and make a good-faith attempt to resolve the
complaint. The oral or written notification shall advise the customer or applieant that the
customer or appliean may request the Commission to review the telephone company's proposed
disposition of the complaint. (7 1 93)( )
04J. Service Maintained. The telephone company shall not terminate service based
upon the subject matter of the complaint while investigating the complaint or making a good-faith attempt to resolve the complaint. (7-1-93)
40i!. REVIEW BY COMMISSION (RULE 40il).
01. Informal Review. The Commission has authority to investigate and resolve
complaints made by subscribers to telecommunication services which concern the quality and
availabilty of local exchange service, or whether price and conditions of service are in
conformance with fied tarffs or price lists, deposit requirements for such service or
disconnection of such service. If a customer or appliean who has complained to a telephone
company is dissatisfied with a telephone company's proposed disposition of the complaint, the
customer or applieant may request the Commission to review informally the disputed issue and
the telephone company's proposed disposition of the complaint. The Commission may consider
complaints regarding any telephone services, whether subeet to rate regulation or not over which
the Commission has authority. (7 I 93)( )
02. Procedure on Review. The Commission will process these requests as informal
complaints pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.
Telephone service shall not be terminated nor shall termination be theatened by notice or
otherwse in connection with the subject matter of the complaint while the complaint is pending
before the Commission so long as the customer continues to pay all amounts not in dispute,
including curent telephone bils. Upon request by any pary, the paries and a representative of
the Commission shall be required to meet and confer. (7-1-93)
03. Rights Protected. No customer or appliean shall be denied the opportity tofie a complaint with the Commission. (7 1 93)( )
04. Formal Complaints. Formal complaints may be fied according to the
Commission's Rules of Procedure, IDAPA 31.01.01.000, et seq. (7-1-93)
40~~. RECORD OF COMPLAINTS (RULE 40~Ð.
01. Recordkeeping. Each telephone company must keep a record of written
complaints and requests for conferences pursuant to Rules 40lQ and 40;?l. These records must be
retained for a minimum of one year at the office of the telephone company where the complaints
were received or eonferenees held. These wrtten records are to be readily available upon request
by the complaining customer or appliean, the customer's or appliean's agent possessing wrtten
authorization, or the Commission. The records must note whether the customer was advised as
required by Rule 40lQ.03 that the customer or appliean may request the Commission to review
the telephone company's proposed disposition of the complaint. (7 I 93)( )
02. Reporting. When previously direeted requested by the Commission, a telephone
company must submit a report to the Commission that states and classifies the number of
complaints made to the telephone company pursuant to Rules 40lQ and 40;?l and the generalsubject matter of the complaints. (7 1 93)( )
404~. RESPONSES TO INFORMAL COMPLAINTS (RULE 404~.
Within ten (10) business days of receiving notification from the Commission that an informal
complaint involving the company has been fied with the Commission, telephone companes
must either respond orally or in wrting to the Commission. A telephone company will be
granted an extension oftime to prepare its response if it represents that it is making a good-faith
effort to resolve the matter in dispute. A ful and complete response should be submitted to the
Commission no later than thirt (30) days after receipt of notification from the Commission.(7-1-99)
4~~. - so 499.(RESERVED).
RULES SOL!! THROUGH 60 S99
QUALITY OF SERVICE
SOl!. QUALITY OF SERVICE (RULE ~OlID.
01. Servce Standards. Each telephone company providing local exchange servce
pursuant to Title 61 or Title 62, Idaho Code, as applicable, and each eligible telecommunications
carer (ETC) is required to employ prudent management and engineering practices to ensure that
customers receive the best quality of service practicable. Each telephone company is required to
adopt and pursue a maintenance program aimed at achieving effcient operation of its systems to
render safe, adequate and unnterrpted serice. These programs must include guidelines for
keeping all plant and equipment in good repair, including the following: (7 1 93)( )
a.
replaced; and
Broken, damaged or deterorated equipment must be promptly repaired or
(7-1-93)
b. Transmission problems (including induction, cross-talk, or other poor
transmission on any line) must be promptly corrected when located or identified. (7-1-93)
02. Service Outage. If a customer's local telephone serce quality deterorates to
such an extent that the customer canot make local calls or canot receive local calls or canot
use the serce for voice grade communcation because of cross-talk, static or other transmission
problem, the telephone company must respond to a customer's report of such a "service outage"
in accordance with Rule 5032. Customer's bils must be appropriately and automatically credited
pursuant to the terms of Rule 5032. ' (7 1 93)( )
soil. RESPONSE TO SERVICE OUTAGE (RULE SOil).
01. Receipt and Recordig of Reports. Each telephone company providing local
exchange serice ptrsl: to Title 61, Idaho Code, shall provide for the receipt of customer
trouble reports at all hours and make a full and prompt investigation of and response to all
reports. The telephone company shall maintain an accurate record of trouble reports made by its
customers. This record shall include accurate identification of the affected customer or service
ticted, the time, date and natue of the report, the action taken to clear the trouble or satisfy the
customer, and the date and time of trouble clearance or other disposition. This record shall be
available to the Commission or its authorized representatives upon request at any time within
two (2) years of the date ofthe record. (3 30 01)( )
02. Repair Commitments. Commtments to customers for repair serice shall be set
in accordance with Rule 5032. Each telephone company shall make ever reasonable attempt to
fulfill repair commitments to customer. Customers shall be timely notified of unavoidable
changes. Failure to meet a repair commtment does not relieve the telephone company of the
credit provisions in Rule 503-2.01, unless the customer fails to keep an appointment the customer
agreed to when the original commitment was made. (7 1 93)( )
50~l. REPAIR SERVICE STANDARDS (RULE 50~D.
01. Restoration of Service. When a telephone company providing local exchange
service pmsaan to Title 61, Idaho Code, is informed by a customer of a service outage as
described in Subsection 50lQ.02, the telephone company must: (7 I 99)( )
a. Restore service within sixteen (16) hours after the report of the outage if the
customer notifies the telephone company that the service outage creates an emergency for thecustomer; or (7-1-93)
b. Restore service within twenty-four (24) hours after the report of the outage if no
emergency exists, except that outages reported between noon on Saturday and 6 p.m. on the
following Sunday must be restored within forty-eight (48) hours or by 6 p.m. on the following
Monday, whichever is sooner. If the telephone company does not restore service within the times
required by this subsection the telephone company must credit the customer's account for an
amount equal to the monthly rate for one (1) month oflocal exchange service. (7 I 93)( )
02. Extenuating Circumstances. Following disruption of telephone service caused
by natual disaster or other causes not within the telephone company's control and affecting large
groups of customers, or in conditions where the personal safety of an employee would be
jeopardized, the telephone company is not required to provide the credit referred to in Subsection
503-2.01 as long as it uses reasonable judgment and dilgence to restore service, giving due
regard for the needs of varous customers and the reqtiirements of the teleeomnuinieatiofts
serviee priority (T8P) progr ordered ift FCC Doeket 88 341 (47 C.F.R. Par 64 Appeftdix A).
When a customer causes the customer's own service outage or does not make a reasonable effort
to arange a repair visit withn the service restoration deadline, or when the telephone company
determines that the outage is attibutable to the customer's own equipment or inside wire, the
telephone company is not required to provide to that customer the credit referred to in Subsection503-2.01. (7 I 99)( )
03. Compliance Standard. Each month at least ninety percent (90%) of out-of-
service trouble reports shall be cleared in accordance with Subsections 503-2.01 and 503-2.02. The
telephone company shall keep a monthly service record as described in Subsection 50~l.01 and
shall notify the Commission whefte¥er if the record indicates the ninety percent (90%) level has
not been met for a period of thee (3) consecutive months. (7 I 99)( )
504~. - 60 599.(RESERVED).
RULES 60lQ THROUGH +0 699
MISCELLANEOUS PROVISIONS
691. DIRECTORIES AND CUSTOMER LISTINGS (RULE 6(1).
4) DiFeetoFy PFe:irided. Eaeh loeal exehane eoB'aR must anlly provide to all
eastomCfs withtit chfle at least one (1) local exchane directory PCf access line. The directoryffst inell:e: (7 1 93)
ft The name, address Bfd telepone nmooCf of each oostomCf stibsCfing to local
exchange sCfiee for that directory's exchanges, exeltiding ptblie pay telephones an naes,
addrsses or telephone flmbCf omitted at the oostomCf'S reqtiest; (7 1 93)
It The name, address an toll fre telepone nl:bCfs) of the local exchanecompan; Bfd (7 1 93)
eo The name, addrss B: telephone iiCf of the Comssion, togcthC with a
statemCf that if a displ:e canot be resolved directy with the telephone compan, a eomplaiRtmay be filed vlIth the COlIission. (7 1 93)
~ Listig. Each OOStOfCf who wishes the oostomCf'S name, addrss or telepone
nl:ber to be listed in the vlhite pages of the difectory ffst be giVCf one (1) fre listing Í1 the
OOSImCf's local exchane directory for eac aeeol:. (7 1 93)
60iQ. SUMllA OF RULES INFORMATION TO CUSTOMERS (RULE 60iQ).
01. Loesl ExeltsBge Comptmes Required Information. Each telepone company
pfOV'ding loeal exchange sCf'iee is requed to make available to its oostomCf a smar of
these roes approved by the Commssion. Ths smar ffst be proyided to eastomCfS at least
once each year Bfd pfOvided to each nov' oostomCf tipon eommCfeemCft of sm'ice. Ths
sumar may be ine1lded at least once a yefl in a reglfl mailing of the telepone compan's
bil or priRted in the telephone directory in the informational section preceding the white page
listings. If the sumar is eontained iii the telephone directory, giving the oostomCf the directory
and calling the eastomCf's attentioii to the SUBr of the roes eoRtaiood in the diectory
satisfies ths reqifCCf. Each telephone company providing local exchange service must make
the following information available to its customers: (7 1 93)( )
a. A sumar of the general ters and conditions under which serce is provided,referrng to these rules as appropriate; ( )
b.A clear and concise explanation of:()
h All the goods and services for which the customer is biled, including those goodsand serces provided as par of a package offered by the telephone company; ()
ü. All recurng charges associated with individual goods and serices or package of
goods and services for which the customers is biled; ( )
il. Any early terination fees that apply if the customer terinates service prior to
the end of a service agreement or contract perod; ( )
iv. The telephone company's dispute resolution procedures and a statement that an
informal or formal complaint may be filed with the Commission; and ( )
v. If the customer subscribes to non-published servce, the circumstances under
which the telephone company wil release information about the customer or the customer's
servièe and to whom it wil be released. ( )
02. AU Teleph:oBe CompftBies When and How Information Provided.-A
telephone companes ffst make a Slar of the kind descred in Stibsection 602.01 aV'lable
in theif local offiees and to each of their eastomCfs reqtiesting a SUfl. Information must be
provided to customers in wrting upon initiation of serice and whenever a material change in the
terms and conditions of service or charges for goods and services takes place. Information
provided upon initiation of serice may be separately mailed or included with the paper or
electronic biling statement delivered to the customer. Subsequent notices may be made by
separate mailing, included with a biling statement or, with the customer's consent, by electronic
notice of reference to information contained on the telephone company's website. (7 1 93)( )
6031. ACCESS TO EMERGENCY SERVICES (RULE 6031).
In counties where consolidated emergency communications systems, as defined by Section 31-
4802, Idaho Code, are established, the local exchange company shall provide access to thoseservices to all its customers. (7-1-99)
6041. REQUEST FOR TELEPHONE COMPAN RECORDS (RULE 6041).
01. General Rule. If any telephone company subject to these rules is directed by
legal prcess or othCfise subpoena or cour order to disclose customer records, as soon as
practical, it must notify the customer what records were requested and ef the company's
response to the request. In no case shall the reasonable perod of time under this rule exceed two
(2) business days after deciding '¡.VlietCf to abide by that request. (7 1 93)( )
02.Exceptions. Ths rue does not apply;(7 1 93)
ft Iif a judge of a cour of competent jursdiction has ordered a telephone company
not to disclose that it has complied with a suons cour order or subpoena to tu over a
customer's telephone records (the telephone compan is exeased frm complying \vith ths fle
so long as the jl:eial ordCf is in effeet;,- (7 1 93)( )
It If a gmd jtiry, officers parciating before a special inqury jl:ge or offieCfs
pBrieipating in an othCf iflestigaton fCed by law to be seCfet and eonfidCfal OrdCf a
telephone compan not to diselose that it has eomplied with a Sllons or StbpOCfa to Il OVCf
a oostomCf's telephone records (the telephone compan is exoosed frm complying vlÍth ths rulel:til it has beCf notified to theeontm); or (7 1 93)
~ If fedem or state law CfforeemeR agencies or offeCfs who have beCf gned the
authority of Stmmons Of sUbpoCfa by staMe or rue whCf the agCfey or offieCf eCffies in
writing that diselosme cotild impede an iftvestigaton an thery inCfe with the CfforeemeR
of the lavi (a cerification shall be made for no more than ninet (90) days, bl: re eerfieation at
the expiration of each ninet (90) day perod is allowed). (7 1 93)
Q3 DeîæitoB of Reeords. The tCf "records" ased in this Me refCfs to reeords of
message teleeoml:eations sCfee an local calls (if a'lailable). (7 1 93)
60SJ.. AUTOMATIC RECORDING (RULE 60SJ..
Cerain federal, state or local agencies have been peritted by rule or tarff approved by or fied
with the Federal Communcations Commssion or this Commission to automatically record all
telephone conversations on certain lines of the agency. This automatic recording is allowed for
securty, safety or public interest puroses. Release of telephone conversations automatically
recorded by such a governent agency for puroses unrelated to securty, safety or the public
interest is expressly prohibited under the authority of rules or tarffs authorizing automatic
recording of conversations. This rule does not preclude the records' release pursuat to
independent judicial, executive, legislative, or other order or authorization for release of such
conversations, or upon consent of all paries whose conversations were recorded. (7 -1-93)
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 adverisements alone wil not be
considered adequate public notice. Individual notice to all customers affected wil always
constitute public notice. Notices must be provided to individual customers at least th (30)days before change is effective. ( )
605. TELEPHONE SOLICITATIONS (RULE 605).
Each telephone company providing local exchange serce must sumarze the provisions of
Sections 48-1001 et seq., Idaho Code, in an anual insert in a biling statement mailed to
customers or by conspicuous publication in the consumer pages of the local telephone directory.
Local exchange companes may meet the requirements of this notice by publishing the following
explanation or one substantially similar: ( )
IMPORT ANT NOTICE CONCERNING PURCHASE
OF GOODS AND SERVICES BY TELEPHONE
You have important rights under the Idaho Telephone Solicitation Act. Under this Act it is ilegal
for persons attempting to sell you goods or services by telephone (telephone solicitors):
*To intimidate or harass you in connection with the attempted sale.
~ To refuse to hang up and free your telephone line immediately once you request
them to do so.
* To misstate the price, quality, or availability of goods or serces, or to fail to
reveal all materal terms relating to the sale of goods or services.
* To advertise, represent or imply that they have the endorsement of any
governent office or agency when they do not.
:. To advertise, represent or imply that they have a valid registration number with
the Attorney General when they do not.
*To use any unfair method of competition or unfair or deceptive practice.
Any person not yet 18 years old who purchases goods or serces pursuant to a telephone
solicitation may cancel the purchase within a reasonable time after the purchase is made. No
parent or legal guardian having custody of a person not yet 18 years old is liable for the purchase
of goods or services by a person not yet 18 years old pursuant to telephone solicitation.
When you agree to purchase goods or servces over the telephone, you may have a right to
reconsider and cancel your agreement for thee business days after receiving a wrtten
confirmation of the sale.
A peron whose rights are violated by telephone solicitors may have the right to declare a
contract of purchase null and void or invoke other remedies under the Idaho Consumer
Protection Act.
If you believe that a telephone solicitor has done any unlawful
Attorney General's Office for assistance and information at:
1 [phone] (toll-free) or
334-2424 (Boise area).
acts, you may contact the
( )
606. INFORMTION, PRICE LISTS OR TARFFS FOR NON-LOCAL EXCHAGE
SERVICE (RULE 606).
01. Information to be Filed. All telephone corporations, except mutual nonprofit or
cooperative corporations, that did not on Januar 1, 1988, hold a certificate of public
convenience and necessity issued by the Commission and that do not provide basic local
exchange serice are required by Section 62-604(1)(b), Idaho Code, to file a notice with this
Commission before offering serices in Idaho. The notice must contain the followinginformation: ( )
a. The name of the telephone corporation and the business name of the telephone
corporation if it does business under an assumed business name; ( )
b. The United States and electronic (if available) mailing addresses of the principal
place of business of the telephone corporation, and, if there is a principal place of business in
Idaho, the addresses of the pricipal place of business in Idaho; ( )
c. An agent in Idaho for service of process by the Commission in the state of Idaho
including the agent's United States and electronic (if available) mailing addresses; ()
d. A descrption of the telecommuncation serices offered by the telephone
corporation and a map of the area(s) served by the telephone corporation or in which the
telephone corporation offers or intends to offer service; ( )
e. Address(es) and toll-free telephone number(s) for personnel responsible for
handling consumer inquiries, complaints, etc., by the public; and ( )
t Name(s), United States mail and electronic (if available) addresses, and telephone
nuiber(s) of person(s) designated as a contact for the Commission Staff in resolving consumer
complaints, responding to consumer inquiries, and answering matters concering rates and price
lists or tarffs. These notices must be updated at least anually, between December 1 and
December 31 each year, and whenever there is a change in the telephone corporation's name,
address, or agent for serice of process. ( )
02. Service. Notices, orders, rules, complaints and other documents issued by the
Commssion may be sered by United States or electronic mail on the agent for servce of
process listed pursuant to this rule. Ths servce constitutes due and timely notice to the
telephone corporation, and no fuer service is' necessar to bind the telephone corporation.
Telephone corporations obligated by statute to file the notice required by this rule, but failing to
do so, are bound by the Commission's motions, orders, rules, complaints and other documents
upon their filing with the Commission Secretar. ( )
607. PRICE LISTS OR TARFF FILINGS (RULE 607).
01. Price Lists or Tariffs. All telephone corporations subject to the
Telecommunications Act of 1988 are required by Section 62-606, Idaho Code, or by ths
Commission's implementation of Section 62-616, Idaho Code, to fie for informational puroses
price lists or tarffs that reflect the availability, price, terms and conditions of all
telecommunication serices not offered under Title 61 of the Idaho Code. The price lists ortarffs must: ( )
a.Contain a title page identifying the telephone corporation;()
b. Show on each page the name of the company, the date of issuance and aneffective date for their rates; ( )
c.Contain a table of contents;()
d.Number pages and paragraphs describing the serices;)
e.Show when pages or services have been cancelled or revised; and
(
()
t Provide a mechansm (e.g., page revision numbers) for tracing additións, deletions
or amendments to the price list or tarff. The price lists or tarffs must include schedules of rates
for each tye of serce generally made available to subscribers, showing the effective date of all
rates and charges and listing any rules and regulations associated with provision of the serices.
Surcharges, discounts, hours of availability, minimum servce perods, and other conditions ofserice must be detailed. ( )
02. Changes to Price Lists or Tariffs. When required by Section 62-606, Idaho
Code, changes to price lists or tarffs are effective not less than ten (10) days after fiing with the
Commssion and giving public notice to affected customers except for charges for non-recurng
serices quoted directly to the customer when an order is placed or price reductions, both of
which may take effect immediately with fiing. Changes to price lists or tarffs must be
accompaned by a letter of transmittal stating how affected customers received notice of the
changes to price lists or tarffs. See Rule 604. ( )
03. Trackig Price Lists or Tarifs. Each revision to a price list or tarff must be
accompaned by a cover letter sumarzing the changes to the price list or tarff, specifically
referrg to existing taff pages affected by the new price list or tarff and stating whether new
pages replace, are in addition to, or delete existing pages. The Commission Secretar may adopt
a system to number each company's changes to its price lists or tarffs. ( )
608. FORM AND NUMER OF COPIES OF PRICE LIST OR TARFF (RULE 608).
Price lists or tarffs fied pursuant to Section 62-606, Idaho Code, or by this Commssion's
implementation of Section 62-616, Idaho Code, must have a blan space approximately thee by
one and one-half inches (3" x 1-1/2") square provided for the Commission's fiing stamp in the
upper right or lower right comer of each schedule fied. An original and thee copies of the price
list or tarff must be filed with the Comnssion. The Commission stamps its indication that the
price list or tarff has been filed in the space provided on each copy of the price list or tarff,
placing the original in its files and retung one copy to the telephone corporation. ()
606.2. - 10 699.(RSERVED).
RULES 70t- THROUGH 80 799
SLAMMING PROVISIONS
70t-. THE UNAUTHORIZED CHAGE OF A CUSTOMER'S TELEPHONE
COMPAN (RULE 70lQ).
Local exchange companies and interexchange carers are prohibited from submitting or
executing an unauthorized change in a customer's selection of a provider., of local or long
distance telephone service. This practice is commonly referred to as "slaming." The
Commssion wil administer the Federal Communcations Commission's regulations regardingslaming. (3-15-02)
70il. ADOPTION OF FEDERAL SLAMING REGULATIONS (RULE 7oil).
The Commission adopts the slaming regulations promulgated by the Federal Communcations
Commssion and found at Sections 64.11 00 through 64.1170 and 64.1190, Title 47, Code of
Federal Regulations (October 1, 2004). Local exchange companes and interexchange carers
shall comply with applicable provisions of the federal reguations adopted by reference except as
modified in Section 703-2 of these rules. (4 6 05)( )
7031. STATE PROCEDURES (RULE 7031).
The federal slaming procedures incorporated by reference in Section 7021 of these rules aremodified as follows: (3 15 02)( )
01. Form. Complaints regarding an unauthorized carer change may be fied with the
Commssion in person, by mail, bye-mail, or by telephone. E-mail complaint forms may be
found at ww.puc.state.id.us. A copy of the telephone bil(s) in dispute and other relevant
evidence shall be provided to the Commission by the complaining par. The slamingcomplaint shall include the following information: (3-15-02)
a.Name, address and telephone number of complainant;(3-15-02)
(3-15-02)
(3-15-02)
(3-15-02)
(3-15-02)
(3-15-02)
(3-15-02)
(3-15-02)
(3-15-02)
b.Name/identity of the alleged slaming carer;
c.Name of the previous authorized carer;
d.Name of the biling entity;
e.Date the alleged slaming occured;
f.Whether the customer has been restored to the prefered carrer;
g.Whether the customer has paid any or all of the disputed charges;
h.Efforts in attempting to resolve the alleged slaming; and
i.Whether the customer was charged for changing careres).
02. Procedure. The Commission's Consumer Assistace Staff shall be responsible
for resolvig slaming complaints under the Commission's informal complaint procedures in
IDAP A 31.01.01, "Rules of Procedure of the Idaho Public Utilties Commssion," Sections 021
though 024. Not later than twenty-one (21) calendar days after notification of a slamming
complaint, the alleged unauthorized carrer shall provide to the Consumer Assistance Staff a
copy of any valid proof of verification of the carer change and any other evidence relevant to
the complaint. Use of the Commission's informal complait procedures are mandatory. (3-15-02)
03. Written Determiation. When its informal investigation is complete, the
Consumer Assistance Staff shall issue a wrtten deterination to the customer, alleged
unauthorized carer, and the authorized carer. (3-15-02)
04. Appeal of Staff Determiation. A customer or carer aggreved by the
Consumer Assistance Staffs determination of a slaming complaint may fie a formal complaint
with the Commission pursuant to IDAPA 31.01.01, "Rules of Procedure of the Idaho Public
Utilities Commission," Section 054. An appeal of Staffs determination shall be fied with the
Commission Secretar withn twenty-one (21) calendar days of the Staffs wrtten deterination.
An aggreved par's failure to fie a formal complaint shall constitute a waiver or abandonmentof the slaming complaint. (3-15-02)
704~. -- 999. (RSERVED).