20070205order_no_30232.pdf

Office of the Secretary
Service Date
February 5, 2007
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF AN INVESTIGATION
INTO RURAL TELEPHONE COMPANY'
COMPLIANCE WITH COMMISSION
RULES REGARDING CLASSIFICATION OF
LOCAL SERVICE AND NOTICE OF
TERMINATION OF SERVICE
ORDER NO. 30232
CASE NO. RUR-07-
On January 12, 2007, a formal complaint was filed by Bill Uhl and Doris Helge
against Rural Telephone Company ("Rural" or "Company ). The complaint contains numerous
allegations related to service outages experienced last winter. The Commission has reviewed
these issues in its investigation in Case No. RUR-06-01 that was conducted to examine the
Company s response following service outages during the winter of 2005-2006, including
whether the Company complied with Commission rules relating to customer notice. As part of
its investigation, the Commission also directed the Company to respond to a question regarding
customer classification for local service. The Commission in Case No. RUR-06-01 concluded
that Rural's tariff regarding classification of service as business or residential was inconsistent
with the Commission s rules.The Commission directed Rural to "revise its tariff to be
consistent with the Commission s Telephone Customer Relations Rules regarding the
classification of residential and business service." Order No. 30140, p. 4. The Commission will
not again review those issues in this case.
The complaint also contains new allegations that the Company, after revising its
tariff as directed by the Commission, has erroneously applied the tariff regarding classification of
service as residential or business. In addition, the complainants allege the Company is not in
compliance with the Commission rules regarding notice for termination of service.
Specifically, complainants assert that Rural threatened disconnection of service while an
informal complaint was pending and that the disconnect notice does not provide information
required by Commission rules. Termination of service while a complaint is pending before the
Commission would violate the Commission s Telephone Customer Relations Rule 311.04.
IDAPA 31.41.01.311.04.
The Commission has determined to open an investigation regarding the Company
compliance with Commission rules on classification of service as residential or business, and
ORDER NO. 30232
with Commission rules regarding customer notice for termination of service. The Company is
directed to file an explanation of its procedures regarding classification of complainants' service
as business rather than residential, and regarding its alleged threatened disconnection of service
while an informal complaint was pending before the Commission. The Company is also directed
to correct its disconnect notice to comply with Commission rules if its current notice is deficient.
Complainants also asked for "punitive, compensatory, exemplary, general
vindictive, and special damages." The Commission notes that it is not authorized by statute to
consider or award these types of monetary damages in a complaint case, and therefore the
Commission will not consider whether damages might be appropriate.
ORDER
IT IS HEREBY ORDERED that Rural Telephone Company is directed to respond to
allegations that it has not complied with Commission rules regarding classification of service as
residential or business , and that it threatened disconnection of service while an informal
complaint was pending before the Commission. The Company is directed to provide its response
within 21 days from the service date ofthis Order.
ORDER NO. 30232
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 5'"
day of February 2007.
MARSHA H. SMITH, COMMISSIONER
DENNIS S. HANSEN, COMMISSIONER
ATTEST:
J a~ D. Jewell
mISSIon Secretary
bls/O:RUR-07-01 ws
ORDER NO. 30232