propsd.ntc_attmts.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE AMENDMENTS TO THE COMMISSION’S TELEPHONE
CUSTOMER RELATIONS RULE 105.02
CONCERNING THE CALCULATION OF
TELEPHONE DEPOSITS, IDAPA
31.41.01.105.02.
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CASE NO. 31-4101-9901

NOTICE OF PROPOSED
RULEMAKING

The Commission’s Telephone Customer Relations Rule 105.02 sets out the methodology for calculating the amount of deposit that a local exchange company (LEC) may collect when providing billing services for message telecommunication service (MTS). IDAPA 31.41.01.105.02. In calculating that portion of a deposit attributable to MTS, a LEC has two alternatives. If there is no MTS usage history, a company may ask for a deposit equal to two months’ estimated charges for MTS. If the LEC has MTS usage history available, the LEC may ask for a deposit of two months of the average MTS charges reflected on the customer’s bills over the most recent 12-month period. In comparison, our Rule 110 allows MTS companies that perform their own billing to ask customers for a “reasonable deposit” in circumstances where deposits are permitted to be collected. IDAPA 31.41.01.110.
The Commission proposes to amend Rule 105.02 to simply require that LECs may collect a reasonable deposit attributable to MTS. This proposed change will allow all companies to use the same standard to calculate the deposit for MTS.

NOTICE OF PROPOSED RULEMAKING
The Idaho Public Utilities Commission hereby gives notice of its proposal to amend Rule 105.02, IDAPA 31.41.01.105.02. Two appendices are attached to this Notice of Proposed Rulemaking. Appendix A is a Notice of Proposed Rulemaking suitable for transmission to the Administrative Rules Coordinator. As explained in Appendix A, the comment deadline for this Notice of Proposed Rulemaking is October 27, 1999. Appendix B shows the proposed rule in legislative format.

PROPOSED by the Idaho Public Utilities Commission at Boise, Idaho this day of August 1999.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

bls/N:31-4101-9901_pucnotice_dh

IDAPA 31 - IDAHO PUBLIC UTILITIES COMMISSION

31.41.01CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS
PROVIDING LOCAL EXCHANGE OR INTRASTATE MTS/WATS SERVICE
IN IDAHO SUBJECT TO CUSTOMER SERVICE REGULATION
BY THE IDAHO PUBLIC UTILITIES COMMISSION
UNDER THE PUBLIC UTILITIES LAW OR
THE TELECOMMUNICATIONS ACT OF 1988
(THE TELEPHONE CUSTOMER RELATIONS RULES)

DOCKET NO. 31-4101-9901

NOTICE OF PROPOSED RULES

AUTHORITY: In compliance with Section 67-5220(1), Idaho Code, notice is hereby given of the Idaho Public Utilities Commissions proposed rulemaking. This action is authorized pursuant to Sections 61-502, 61-503, 61-507, 62-604, 62-605, and 62-616, Idaho Code.

PUBLIC HEARING SCHEDULE: A public hearing concerning this rulemaking will be scheduled only if requested in writing by twenty-five (25) persons, a political subdivision, or an agency, no later than October 20, 1999. The hearing site will be accessible to persons with disabilities. Request for accommodations must be made no later than five (5) days prior to the hearing, to the Commission’s address set out below.

DESCRIPTIVE SUMMARY: The Commission’s Telephone Customer Relations Rule 105.02 sets out the methodology for calculating the amount of deposits that a local exchange company may collect when billing for long-distance telephone service. In calculating that portion of a deposit attributed to long distance charges, a local exchange company has two alternatives. If the company has no usage history of long distance service for that particular customer, the company may ask for a deposit equal to two months’ estimated charges for long distance service. If the local exchange company has usage history, then the company may ask for a deposit equal to two months of the average long distance charges over the customer’s most recent 12-month billing period. In comparison, the Commission’s Rule 110 allows long distance companies that perform their own billing to ask a customer for a “reasonable deposit” in circumstances where deposits are permitted to be collected. The Commission is proposing to amend Rule 105.02 to eliminate the two different standards for calculating deposits attributable to long distance service.

NEGOTIATED RULEMAKING: Pursuant to IDAPA 04.11.01.0811, negotiated rulemaking was not conducted.

ASSISTANCE ON TECHNICAL QUESTIONS: For assistance on technical questions concerning the proposed rules, contact Donald L. Howell, II, Deputy Attorney General at [phone].

DEADLINE FOR WRITTEN COMMENTS: Anyone may submit written comments regarding these proposed rules. All written comments and data concerning the proposed rules must be delivered to the Commission Secretary at the address identified above or must be postmarked on or before October 27, 1999. Persons desiring to comment are encouraged to submit written comments at their earliest convenience rather than wait until the comment deadline.

DATED this 20th day of August 1999.

Myrna J. Walters
Commission Secretary
Idaho Public Utilities Commission Street Address for Express Mail:
PO Box 83720
Boise, ID 83720-0074 472 West Washington Street
Telephone: [phone] Boise, ID 83702-5983
FAX: [phone]

IDAPA 31
TITLE 41
Chapter 01

31.41.01--CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS
PROVIDING LOCAL EXCHANGE OR INTRASTATE MTS/WATS 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)

105. AMOUNT OF DEPOSITLECS (Rule 105).

01. Local Exchange Service. A deposit allowed pursuant to Rule 101 as a condition of service by a local exchange company for applicants or customers shall not exceed two (2) months’ charges for local exchange service. Additional deposits for damage or other reasons independent of usage may be in reasonable amounts. (7-1-93)

02. MTS Billed by the LEC. In addition to a deposit allowed pursuant to Rule 105.01, a local exchange company providing or billing for message telecommunications service (MTS) may ask for a reasonable deposit equal to two (2) months’estimated charges for MTS that it bills if the applicant or customer has no previous usage history, or two months’ average charges for MTS that it bills as reflected by the customer’s past usage over the most recent twelve (12) month period. Deposits for customers expected to take service for short periods of time (e.g., political campaigns, conventions, fairs) may be based on expected usage during the time in service. (7-1-93)( )

03. Monitoring Deposits Based on MTS Usage. The deposit may be monitored for as long as the deposit is required and may be increased when MTS usage billed by the LEC in a onemonth period exceeds by fifty dollars ($50.00) or more the portion of the customer’s deposit covering one month’s MTS usage. (7-1-93)

NOTICE OF PROPOSED
RULEMAKING 5

Office of the Secretary
Service Date
August 27, 1999