HomeMy WebLinkAbout19981021General Order No 197.docBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE AMENDMENTS TO RULES GOVERNING CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS, IDAPA 31.41.01.000 ET SEQ.
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CASE NO. 31-4101-9801
ADOPTION OF PENDING RULES
GENERAL ORDER NO. 197
In this General Order, the Commission issues pending rules that adopt amendments to the Commissions Customer Relations Rules for Telephone Corporations (IDAPA 31.41.01). On June 18, 1998, the Commission issued a Notice of Proposed Rulemaking requesting written comments on the Commissions proposed amendment to its Customer Relations Rules no later than August 26, 1998. The Notice was published in the Administrative Bulletin (Vol. No. 98-8 at 177-188) on August 5, 1998. No requests for holding a public hearing were received.
Timely comments were filed by the Commission Staff, MCI Telecommunications Corp., AT&T Communications of the Mountain States, U S WEST Communications, the Idaho Telephone Association, GST Telecom Idaho, and GTE Northwest Incorporated and GTE Communications Corporation. The Commission received late-filed comments from Brittan Communications International Corporation on September 1, 1998. The Legislative Services Office reported that the Senate and House Subcommittees for review of administrative rules have no objections to the proposed rules.
Based on those comments and its own review of the proposed rules, the Commission has changed those proposed rules, deleting some proposed rules and amending some proposed language. With those changes, the Commission adopts the proposed rules, as amended, as its pending rules. Idaho Code 67-5224. Appendix A to this Order is a Notice of Pending Rules suitable for transmission to the Administrative Rules Coordinator. Appendix B to this Order contains the changes to the proposed rules in legislative format reflecting the Commissions amendments to the originally proposed rules. Appendix C to this Order contains the pending rules as approved by this Order.
BACKGROUND
The Commissions Customer Relations Rules for Telephone Corporations (hereinafter the Customer Relations Rules) were last updated in 1995. Idaho Code 61-302, 61-502, 61-507, 62-605, 62-615, 62-616 and 62-622 authorize the Commission to promulgate Customer Relations Rules for telephone companies. In this rulemaking the Commissions final changes, as amended, now fall into two principal categories: changes to address concerns about cramming (invalid or unclear charges for services other than local exchange services) and certain housekeeping changes to reflect its current mailing address, correct typos and stray words, insure consistency, provide clarification and other non-substantive changes. More specifically, to address these cramming problems, the Commissions pending rules provide that regulated local exchange service charges will be paid first, unless the customer requests otherwise. Under the existing rules, partial payments are automatically prorated among all the service providers. This makes it more likely that some customers inadvertently face disconnection for failure to pay disputed charges that are not related to basic local service.
New language is also proposed that prohibits telephone companies from billing for unanswered or unaccepted telephone calls, telephone calls placed to a toll-free number, or telephone service, or for other service(s) or merchandise not ordered or otherwise authorized by the customer of record. It further requires telephone companies to remove charges for these services from the customers bill no later than two billing cycles following notice to the telephone company.
FINDINGS
The Commission finds that the pending rules found in Appendix C are reasonable and will provide consumers with additional protections. The Commission further finds that it is in the public interest for the Commission to adopt these pending rules contingent on legislative review.
GENERAL ORDER
IT IS HEREBY ORDERED that the Commission adopts the pending rules, shown in Appendix C, and orders those be transmitted to the Administrative Rules Coordinator for publication in the December Administrative Bulletin.
THIS IS A FINAL GENERAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in this Case No. 31-4101-9801 May petition for reconsideration within twenty one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in this Case No. 31-4101-9801. Within seven (7) days after any person has petitioned for reconsideration, any other person May cross petition for reconsideration in response to issues raised in the petition for reconsideration. See section 61 626, Idaho Code.
DONE by ORDER of the Idaho Public Utilities Commission at Boise, Idaho this day of October 1998.
DENNIS S. HANSEN, PRESIDENT
RALPH NELSON, COMMISSIONER
MARSHA H. SMITH, COMMISSIONER
ATTEST:
Myrna J. Walters
Commission Secretary
O:41019801.gen
GENERAL ORDER NO. 197 -1-
Office of the Secretary
Service Date
October 21, 1998