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HomeMy WebLinkAbout20240808314101_THE TELEPHONE CUSTOMER RELATIONS RULES_Draft_Redline AUG2024.pdf 31.41.01—CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS PROVIDING SERVICES IN IDAHO SUBJECT TO CUSTOMER SERVICE REGULATION BY THE IDAHO PUBLIC UTILITIES COMMISSION (THE TELEPHONE CUSTOMER RELATIONS RULES) 000. LEGAL AUTHORITY(RULE 0). Theise mleq are adopted under the general legal authority of a�abliel Utilities Law,Ghapters_-_ 1 thfGugh 7,T440 61 _ --- Commented[SGI]:Uniform edits across all rule chap- ters Sections 61-301,61-302,61-303,61-315,61-503,61-507,61-520,62-605,62-606,62-612,62-616,and 62-622,Idaho Code„wit _egaFa., seF:,.o (3 3 _2) 001. TITLE AND SCOPE(RULE 1). Subjeet to Gusto by the Idaho Publie Utilities Commission," (�he Telep ne Customer Relations Rules). Commission feg2alafien tmdef Title ....e.-fu4es��_te.................. eampanies pr-eviding laeal�qiiehange sefvies as deq4wd in Seetion 62 603,Idaho Code.This ehapter has the following Commented[SG2]:Uniform edits seepe=These rules provide a set of fair,just,reasonable,and non-discriminatory rules to address recurring areas of disagreement between local exchange companies and other telephone companies and customers with regard to deposits,guarantees,billing,application for service,denial of service,termination of service,complaints to telephone companies,billing for interrupted service,and provision of certain information about customers to authorities. (3 31 22) 002,--003. (RESERVED) Iff -............................................................................................._._..........._._........__..... Commented[SG3]:Not necessary.Executive Order are available€rem the efnee of the Commission Seeretafy. (3 31 22) 2020-01 and Section 67-5250,Idaho Code,already man- date written interpretations be made available for public 003. ADAIINISTRATIATE APPEALS(RULE 3). inspection through the agencywebsite. This fule govems feffnal eemplaints and requests fef e�kefnpfiea undef these ndles. Any telephone eampafty a the commission FestAt ._ ."._."..".._.."._._._._..."._.._._..."._._._._... Commented[SG4]:Not necessary since the Rules of Pales,any tialephane eempany or-eusteraeF may apply to the Commission for,or the Gemmiqqien on its own motion Procedure IDAPA31.01.01 provides for Administrative may order,a pem4aaeat or tenaperafy exemption.A f9fmal complaint or request for exemptien muqt he filed with the Appeals Commented 1JS51:I couldn't find any version in the rel- evant CFRs from October 1,2004 to link to,which is re- quired.What version is the Commission wanting to im- 004. (RESE VEDD�INCORPORATION BY REFERENCE(RULE 4) plement?Is it the Latest version? 01. 47 CFR 1100 through 1170 and 64.1190 OCTOBER 14- 201184 with the following modifications: Formatted:Font:Not Bold .::.. .. ` Formatted:Hyperlink,Font:Not Bold,All caps, a._Form:Complaints_regarding_an unauthorized_canier change-may-be_filed_with the Commission in yerson, :;,�,. Character scale:0% by mail,by e-mail,or by telephone.E-mail complaint forms to secretaryykouc.idaho.gov.A copy of the telephone bill(s) in dispute and other relevant evidence shall be provided to the Commission by the ti Formatted:Hyperlink,Font:Not Bold,All caps, complaining party.The slamming complaint shall include the following information: Character scale:0% Formatted:Font:Not Bold i.Name,address and telephone number of complainant; ii.Name/identity of the alleged slamming carrier: Formatted:All caps iii.Name of the previous authorized carrier; Formatted:Font:Not Bold,All caps iv.Name of the billingentity; ntity; v.Date the alleged slamming occurred; Formatted:Indent:Left: 0.75", No bullets or vi.Whether the customer has been restored to the preferred carrier; numbering vii.Whether the customer has paid any or all of the disputed charges; Formatted:Font:Not Bold Section 000 Pagel SGoodson_05132024 Viii.Efforts in to resolve the alleged slamming;and ix.Whether the cus tomer was charged for changing carrier(s).1- - Commented[J56]:Added from below. --------------------------------------------------------- 005. DEFINITIONS(RULE 5). Formatted:Font:Not Bold,Not All caps The following definitions are used in this title and chapter: (3-31-22) Formatted:Numbered+Level:1 +Numbering Style:i, ii,iii,...+Start at:1 +Alignment:Right+Aligned at: 01. Customer. A"customer"is a person or entity who has requested service or currently receives 0.5"+Indent at: 0.75" service from a telephone company or has assumed responsibility for payment of service provided to another person or entity. Any person whose service has been temporarily disconnected for non-payment will continue to be a "customer"for the purposes of these rules until such time as service is permanently disconnected. (3-31-22) „ ............ Commented[J57]:IC 61-1302(4)..................................... ............:.......................................... ................ ............................... pro.ding leeal exe"nange serviee to end as . (3 31 22) .. - Commented[J58]:62-603(8) iz z1 �m 024. Other Services. "Other services" mean all services except local exchange and MTS services provided,billed,or collected by a telephone company. (3-31-22) Pers intaifle'd at a dwelling Primarily for -anal or to . -_...SS-.. ..................residential eustsmefs as defined-in Seetion 6-603(9),Mahe ................................................. Commented[SG9]:Definition aready in Idaho Code 06. Small Business Sen4ee."Small hiasinessseFviee"means teleeomfFmaieation seFviee fth-Hished to tlian five(5)laeal aeeess li4ies whieh are billed to a single billing leeatian,i.e.,SeFviee previded to small business eustex3efs a5 ic'€nred n Seetien 62 603(11 1dah,.Code. (3 31 22) 037. (Telephone Company[Unless further restricted by definition within a rule or a group of rules, Commented[1510]:What is the difference between a "telephone company"I means any_entity_subject_to_this-Commission's_regulation_as-a provider_of telecommunication telephone company and a telephone corporation as de- services to end-users under the Public Utilities Law (Idaho Code, Title 61, Chapters 1-7) or subject to this fined in 62-603? Commission's authority under the Telecommunications Act of 1988,as amended,(Idaho Code,Title 62,Chapter 6) or the federal Telecommunications Act of 1996(47 U.S.C.151 et seq). (3-31-22) Commented[J511]:I'm not sure how a rule can"further restrict"or somehow alter a statutory definition. 0066.--007. (RESERVED) 008. EXERCISE OF RIGHTS BY CUSTOMER(RULE 8). Telephone company will not discriminate against or penalize a customer for exercising any right granted by these rules. (3-31-22) Irmo nnrR n r r�nnRnr r1,Tmc n ivn nvm�unu�r a mrniv nc nrTr irr o) Commented[J512]:Not sure you need a rule to say that 00" �c in the Commission can informally interpret their own rules Commission staff may infafmally intefpfet these ndles and tafiffi a.F other filings of telephone eenVanies and- as part of an investigative complaint. eempany tariffs of sifni1�1i-gs and resolving€e a al eemplaints i�' '1 ^'"I ' Formatted:Font:Bold 009. IRESERVEDl Formatted:Font:Bold,All caps 010. CONFLICT WITH TELEPHONE TARIFFS OR PRICE LISTS(RULE 10). Formatted:Font:Bold If a telephone company's tariff or price list denies or restricts customer rights protected by these rules,these rules supersede conflicting tariff or price list provisions. (3-31-22)1 ..- Commented[J513]:Isn't this expressed already?If I have a right to a certain price or[insert expectation here] !oil. INCORPORATION BY REFERENCE CODE OF FEDEN-4-1—REGULAT ONS(RULE 11). that the regulated utility companies are at odds with, wouldn't the substantive rule it was at odds with trump the very action of the regulated entity? Section 000 Page 2 SGoodson_05132024 _......... Commented[J514]:This needs to be updated to match the requirements of 67-5229.Also,pointless to have an 011$.--099. (RESERVED) IBR section thatjust informs people that anincorporation is somewhere else.Just move the IBR up here. RESIDENTIAL AND SMALL BUSINESS DEPOSIT Rules 100 through 199 100. DEPOSIT REQUIREMENTS--LECS-(RULE 100). 01. Residential Customers.Telephone companies providing local exchange service will not demand or hold any deposit from any residential customer for service without proof that the customer is likely to be a credit risk or to damage the property of the local exchange company or other companies for which it bills.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 will not demand or hold a deposit under this rule as a condition of service from a residential customer unless one(1)or more of the following criteria applies: (3-31-22) a. The customer has outstanding a prior residential service account and at the time of application for service remains unpaid and not in dispute. (3-31-22) b. The customer's service has been temporarily denied or terminated within the past four(4)years for one(1)or more of the following reasons: (3-31-22) i. Non-payment of any undisputed delinquent bill; (3-31-22) ii. Obtaining, diverting or using telephone service without the authorization or knowledge of the telephone company. (3-31-22) C. The customer does not have verifiable previous telephone service that was in existence for a period exceeding twelve(12)months and does not pass an objective credit screen. (3-31-22) d. The telephone company has determined that information provided by the customer is materially false or materially misrepresents the customer's true status. (3-31-22) e. The customer requests service at a residence where a prior subscriber still resides and where any balance for service to that prior subscriber incurred at that location is past due or owing. (3-31-22) 02. Small Business Customers. Telephone companies providing local exchange service will not demand or hold any deposit as a condition of service from any current small business customer for small business service unless one(1)or more of the following criteria apply: (3-31-22) a. Any of the conditions listed in Rule 100.01 of this rule are present. (3-31-22) b. The customer has not had previous service with that telephone company. (3-31-22) C. The customer was delinquent in payment two(2)or more times in the previous twelve(12)months. (3-31-22) 03. Bankrupt Customers.If a customer,either residential or a small business,has sought any form of relief under the Federal Bankruptcy Laws,has been brought within the jurisdiction of the bankruptcy court for any reason in an involuntary manner,or has had a receiver appointed in a state court proceeding,then a deposit may be demanded as allowed by the Federal Bankruptcy Laws. (3-31-22) 101. OTHER DEPOSIT STANDARDS PROHIBITED{RULE 101). Section 000 Page 3 SGoodson_05132024 A local exchange company will not require a deposit or other guarantee as a condition of new or continued residential telephone service except as expressly authorized by these rules. ident:.a ownership ar leeati.. level,seufee ofineeme,empleyment tenure,nature efooeupation,raeo,or-eed,sex,age,national origin,mar-ital status, number of deppendents,or any other eritefien not autheriz —d by these m1eq.1 Rules goveming deposits will be applied '... Ifthe tomer,.cus _either_residential_or_small_business, _c_selects_anotherompanytoprovide_services __and .......- Commented[J515]:Well,yes.Rulesshould and have to arranges to be billed directly by that company rather than through the local exchange company,no deposit may be always be applied uniformly. collected by the local exchange company for the services provided by the other company. (3-31-22) 102. EXPLANATION FOR DENIAL OF SERVICE OR REQUIREMENT OF DEPOSIT--LECS(RULE 102). If the local exchange company requires a deposit as a condition of providing service,then it will immediately provide an explanation to the customer why a deposit is required.The customer will be given an opportunity to rebut these reasons.The notice will also advise the customer that if there is a dispute an informal or formal complaint may be filed with the Commission. (3-31-22) 103. AMOUNT OF DEPOSIT--LECS(RULE 103). A deposit allowed pursuant to Rule 100 as a condition of service by a local exchange company must not exceed two (2)months'charges for local exchange service.Additional deposits for damage or other reasons independent of usage may be�n reasonable amounts[ (331-22) Commented[JS16]:Reasonableaccordingtowho? 104. INTEREST ON DEPOSITS(RULE 104). 01. Interest Payable.Interest will be payable on the deposited amounts at the rate provided by Rule 104.02.Interest will accrue from the date the deposit is made until the deposit is refunded or applied to the customer's bill;however,interest will not accrue on a deposit if: (3-31-22) a. Service is terminated temporarily at the request of the customer who leaves the deposit with the telephone company for future use as a deposit;or (3-31-22) b. Service has been permanently terminated and the telephone company has been unsuccessful in its attempt to refund a deposit. (3-31-22) 02. Interest Rate.On or before November 15 of each year,the Commission will determine the twelve- month average interest rate for one-year Treasury Bills 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 will be in effect for the following calendar year for all deposits described in Rule 104.01. (3-31-22) 105. RETURN OF DEPOSIT--LECS(RULE 105). 01- Former Customers.Upon termination of service the telephone company will credit the deposit (,with accrued interest),to the final bill then promptly return any remaining balance to the customer. (3-31-22) 02. Existing Customers.If the customer has paid all undisputed bills and has no more than one(1)late payment during the past twelve(12)consecutive months of service,the telephone company will promptly return the deposit(,with accrued interest),by crediting the customer's current account or issuing a refund. (3-31-22) 03. Retention During Dispute.The local exchange company may retain the deposit pending resolution of a dispute over termination of service.If the deposit is later refunded to the customer,the local exchange company will pay interest at the annual rates established in Rule 104 for the entire period over which the deposit was held. (3-31-22) 04. Early Return of Deposit.A local exchange company may refund a deposit plus accrued interest in whole or part at any time before the time prescribed in this rule. (3-31-22) Section 000 Page 4 SGoodson_05132024 106. TRANSFER OF DEPOSIT-AND OUTSTANDING BALANCE(RULE 106). Deposits will not be transferred from one(1)customer to another customer or between classes of service,except at the customer's request.When a customer with a deposit on file transfers service to a new location within the same telephone company's service area in Idaho,the deposit and any outstanding balance will be transferred to the account for the new location. (3-31-22) 107. RECORDS OF DEPOSITS(RULE 107). 01. Receipts.Each customer paying a deposit will be provided the following information: (3-31-22) a. Name of customer and service address for which deposit is held; (3-31-22) b. Date of payment; (3-31-22) C. Amount of payment;and (3-31-22) d. Terms and conditions governing the return of deposits. (3-31-22) ..... ..:_.............................te ... ..............................................................................................................................................._ Commented[J517]:IC 14-531 efAided to a revdfn of a deposit to obtain a refitnd even though the eustemer may be unable to pfeduee the feeeipt the deposit.These reeordq must iBelude the name,of eae.4;eustafner,the sei=viee laea4ian(s)and telephone mdfftber(s) the deposit is retained,and the date(s)and ameuf4(s)of the deposits.The telephone eampany I'vill fetain reeord's of deposits that hewe been fefunded to eustafners for a peFiad of thfee(3)YeaFS afteF the date 0 refund.The telephone eempany will Fefain fewards efunslaimed deposits f9F a PeFied of seven(7)yeaFs as requiFed by Seetian 114 531,Tdah.PRdW. (3 31 22) 031• Transfer of Records.Upon the sale or transfer of any telephone company or any of its operating units,the seller will certify 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. (3-31-22) 1088UNCi AIMED DEPOSITS AND ADVANCE PAYMENTS VMTi NTS(RULE 108) payment made to obtain of maintain leeal e�kehaage sen,iee or ethef sefvieeS th-8t is emaleliffiRd—C-1-l"L .�. fROfe Commented[SG18]:Duplicative of 14-508:A deposit, tlian one(1)year-'tefminntion�FseFN,iee is pFestimed a1'de"ed'• (3 34 22) including any interest thereon made by a subscriber with a utility to secure payment or any sum paid in advance for utility services to be furnished,less any lawful deduc- tions,that remains unclaimed by the owner for more than assists the telephone eempany's low ineeme and disadvantaged eustemers with payment efutility bills.The telephone one(1)year after termination of services for which the eempany will file its fepet4 ofstieh abandened prepefty as required by Seetion 14 517,1dahe Code,and retain feeefds deposit or advance payment was made is presumed as rec}uiied-bySeetion 14 534,1dahe Code. (3 34 22) abandoned. 1089.--199. (RESERVED) Commented[SG19]:Duplicative of 14-508(2):The pub- lic utilities commission may certify that a utility is partici- pating in a financial assistance program which assists BILLING the utility's low income and disadvantaged customers Rules 200 through 299 with their utility bills.Upon certification to the adminis- trator,the utility shall pay the funds which would have 200. FURTHER DEFINITION(RULE 200). been presumed to be abandoned under subsection(1)of As used in Rules 201 through 205,"bill"or"billing statement"refers to a written request for payment listing charges this section to the financial assistance program certified bythe public utilities commission.The utility shall remain for goods and services that is mailed or otherwise delivered to the customer for payment.A billing statement may be obligated to file its report of such abandoned property as provided to the customer in an electronic format with the customer's consent.Oral notice of the amount of charges required by section 14-517,Idaho Code. pending is not a bill.Bills include requests for payments for services rendered by other telephone companies or other entities that are not telephone companies.This rule does not apply to billings between or among telephone companies. (3-31-22) Section 000 Page 5 SGoodson_05132024 201. ISSUANCE OF BILLING STATEMENTS -- CONTENTS OF BILLS -- RESIDENTIAL AND SMALL BUSINESS SERVICE(RULE 201). 01. Local Exchange Service. Billing statements for residential and small business local exchange service will be regularly issued and must contain the following information: (3-31-22) a. The date the billing statement is issued; (3-31-22) b. The time period covered by the billing statement; (3-31-22) C. The due date by which payment must be received;unless the customer has authorized automatic monthly payment.If automatic payment is authorized,the customer must be informed in writing when funds will be withdrawn from a bank account or charged to a credit card account.In addition,the billing statement must state the actual or earliest possible date that funds will be withdrawn or the credit card charged unless the customer consents otherwise in writing at the time automatic payment is authorized; (3-31-22) d. Any amounts transferred from another account; (3-31-22) e. Any amounts past due; (3-31-22) f. Any payments or credits applied to the customer's account since the last bill; (3-31-22) g. The total amount due; (3-31-22) h. Names of all telephone companies or entities providing goods and services for which the customer is billed,sufficient information to readily identify the goods and services provided,and the amounts charged; (3-31-22) i. The toll-free telephone number(s) available to customers for answering inquiries and resolving complaints about goods and services billed; (3-31-22) j. An itemization of charges for goods and services provided to the customer and any associated fees, taxes,surcharges or subscriber line charges.Charges for each good or service provided as part of a package under a single price,or calling plans in which individual calls are billed at a flat rate regardless of usage need not be separately itemized. (3-31-22) 02. NETS Bills.In addition to the requirements of Rule 201.01,bills for NITS service must 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-party calls,the NITS provider must also itemize the origin of the call. (3-31-22) 03. Other Services.No telephone company may send demand letters or initiate collection efforts for any amount owed by a customer who subscribes to or is billed for services other than local exchange service and MTS services provided by another telephone company unless the bill separately lists those services as required by this rule. (3-31-22) 04. Customer Request for Less Detail.Upon customer request,telephone companies may provide billing statements containing less detail than required by this rule.Telephone companies must make available without charge detailed billing information for the preceding twelve(12)months to those customers who have elected to receive less detail on monthly billing statements but subsequently request more detail. (3-31-22) 202. DUE DATE OF BILLS--DELINQUENT BILLS(RULE 202). The telephone company may require that bills for service be paid within a specified time after the billing date.The minimum specified time after the billing date is fifteen(15)days(or twelve(12)days after mailing or delivery of a paper or electronic bill,if bills are mailed or delivered more than three(3)days after the billing date).Upon the expiration of this time without payment, the bill may be considered delinquent. With the customer's approval, Section 000 Page 6 SGoodson_05132024 automatic monthly payments made by withdrawal from a bank account or charged to a credit card account may take place prior to the normal due date if the customer has authorized such a payment. (3-31-22) 203. BILLING ERRORS,BILLING UNDER INCORRECT RATES,OR FAILURE TO BILL (RULE 203). 01. Billing Errors--Failure to Bill.Whenever the billing for telephone service was not accurately billed because of malfunction in billing equipment or error in preparation of bills,the telephone company shall prepare a corrected billing.If the telephone company has not billed a customer for service provided,the telephone company shall prepare a bill for the period in which service was provided and the customer was not billed.At its discretion,the telephone company may waive rebilling for undercharges. (3-31-22) 02. Billing Under Incorrect Rates.A customer has been billed under an incorrect rate if the customer was billed under a rate for which the customer was not eligible or the customer,who is eligible for billing under more than one(1)rate,was billed under a rate contrary to the customer's election or the election was made based upon erroneous information provided by the telephone company.If a customer is billed under an incorrect rate,the telephone company must recalculate the customer's past bills and correctly calculate future bills based on the appropriate rate. The telephone company is not required to adjust bills when it has acted in good faith based upon information provided by the customer. (3-31-22) 03. Rebilling Time Period. (3-31-22) a. If the time when the billing error,billing under incorrect rates,or failure to bill(collectively referred to as"billing problem")began cannot be reasonably determined to have occurred within a specified billing period,the corrected billings will not exceed the most recent six(6)months before the discovery of the billing problem. (3-31-22) b. If the time when the billing problem began can be reasonably determined, and the telephone company determines the customer was overcharged,the corrected billings will go back to that time,bu4�04i, o ooa Commented[SG20]:3 year timeframe in Idaho Code .w_oo(3).o,.-..�.,....the time the billing.._,.uo...,.,.,...._oa as provided by Section 61-642,Idaho Code. (3-31-22) C. If the time when the billing problem began can be reasonably determined and the telephone company determines the customer was undercharged,the company may rebill for a period of six(6)months unless a reasonable person should have known of the inaccurate billing,in which case the rebilling may be extended for a period not to exceed three(3)years.The telephone company is responsible for identifying customers who have not been billed or who have been inaccurately billed. (3-31-22) 04. Refunds.The telephone company will promptly calculate refund amounts overpaid by the customer and issue a credit within two(2)billing cycles.Any remaining credit balance will be credited against future bills unless the customer,after notice from the telephone company,requests a refund and the amount is more than twenty- five dollars($25).The telephone company will advise the customer of the option to have any remaining credit balance exceeding twenty-five dollars($25)refunded. (3-31-22) 05. Additional Payments. The telephone company will promptly prepare a corrected billing for a customer who has been undercharged,indicating the amount owed to the company.An unbilled or undercharged customer will be given the opportunity to make payment arrangements under Rule 310 on the amount due.At the customer's option,the term of the payment arrangement may extend for the length of time that the underbilling accrued or the customer was not billed. (3-31-22) 204. BILLING PROHIBITED--BILLING DISPUTES(RULE 204). 01. Unauthorized Charges.No telephone company will bill for unanswered or unaccepted telephone calls,telephone calls placed to a toll-free number,or telephone service or other goods and services not ordered or otherwise authorized by the customer of record.A telephone company that unknowingly submits a bill containing charges for unanswered or unaccepted telephone calls,telephone calls placed to a toll-free number,or telephone Section 000 Page 7 SGoodson_05132024 service or other services or goods not ordered or otherwise authorized by the customer of record shall be considered in violation of this rule unless the disputed amounts are removed from the customer's bill within two(2)billing cycles of the customer's notification to the company. (3-31-22) 02. Billing Disputes.A telephone company that bills and collects for other telephone companies or entities is responsible for either addressing billing disputes regarding unauthorized goods and services for which it bills 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 services for which the telephone company bills,a credit equal to the disputed charges must be applied to the customer's account within two(2)billing cycles of the customer's notification to the company. (3-31-22) 205. RESPONSIBILITY FOR PAYMENT OF RESIDENTIAL SERVICE BILLS(RULE 205). 01. Customer Defined.For purposes of this rule,"customer"means a person whose name appears on the telephone company's regular bill for residential service or who signed a written application for residential service or another document informing the customer that he or she was assuming an obligation for payment of service. (3-31-22) 02. Customer's Responsibility.A telephone company will not hold a oustemer responsible for paying v,hoqe wAffl name does not appear an the euFFeat bill or applieation for seEviee,efilesq: (3 31 22) a. The eustafner expressly a6eepts responsibility fOF Pa�qReflt Of t4e other person's bill;or (3 3 1 22) b. The eastof of has a legal obligationto peTthe Othef person's hill. (3 31 22)i.._..__- Commented[J527]:I don't see whythis rule is neces- sary upon first read.Of course,generally speaking I 021 Customer Notice.The telephone company will provide written notice of its intent to add to the couldn't be help responsible for any amount that is not a customer's bill for current service an amount owed for another person's bill or service rendered at a former service result of my own service or use of my own credit or facili- location,if the lapse in service exceeds sixty(60)calendar days.The notice may be provided in an electronic format ties. with the customer's consent. (3-31-22) That said,why we do we need a rule to say that a cus- 043. Contents of Notice.The notice must include: (3-31-22) tomer can expressly agree or accept responsibility for someone else's bill?Isn't that between them and the util- a. The name of the customer of record who owes the bill; (3-31-22) ity? b. The service location and telephone number or account number involved; (3-31-22) Finally,if someone has a legal responsibility to pay some- one's bill(say by court order),the absence of this rule C. The time over which the bill amount was accumulated; (3-31-22) doesn't change that. d. The amount owed; (3-31-22) e. The reason(s)for adding the bill amount to the customer's billing statement; (3-31-22) L Statement that payment arrangements may be made on the amount owed; (3-31-22) g. A statement that the customer has a right to contest the telephone company's proposed action by contacting the Commission;and (3-31-22) h. The response deadline after which the bill amount will be added to the customer's billing statement. (3-31-22) 045. Opportunity to Respond.The telephone company will give the customer at least seven(7)calendar days from the date of its proposed action to respond to the telephone company notice. (3-31-22) 206.--299. (RESERVED) Section 000 Page 8 SGoodson_05132024 DENIAL,RESTRICTION,AND TERMINATION OF SERVICE Rules 300 through 399 300. EXPLANATION FOR DENIAL OF A SERVICE TO A CUSTOMER(RULE 300). If a telephone company intends to deny service to a customer under Rule 301,the telephone company will provide an explanation to the customer stating the reasons for the telephone company's refusal to provide service and the necessary action(s)to be taken to receive service.In the event of a dispute,the customer will be advised that an informal or formal complaint concerning denial of service may be filed with the Commission. (3-31-22) 301. GROUNDS FOR DENIAL OR TERMINATION OF LOCAL EXCHANGE SERVICE WITH PRIOR NOTICE(RULE 301). A telephone company may deny or terminate local exchange service to a customer without the customer's permission, but only after adequate notice has been given in accordance with these rules,for one(1)or more of the following reasons:(3-31-22) O1. Customer Did Not Pay Undisputed Bills. With respect to undisputed past due bills for local exchange service,the customer: (3-31-22) a. Failed to pay; (3-31-22) b. Paid with a dishonored check;or (3-31-22) C. Made an electronic payment drawn on an account with insufficient funds. (3-31-22) d. The customer failed to make a security deposit;when one is required. (3-31-22) C. The customer failed to abide by the terms of a payment arrangement. (3-31-22) f. The telephone company determines as prescribed by relevant state or other applicable standards that the customer is willfully wasting or interfering with service through improper equipment or otherwise. (3-31-22) g. The customer is a minor not competent to contract as described in Sections 29-101 and 32-101, Idaho Code. (3-31-22) 02. No Obligation to Connect Service.Nothing 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 bill is for service provided within the past four(4)years. (3-31-22) 302. GROUNDS FOR DENIAL OR TERMINATION OF A SERVICE,WITHOUT PRIOR NOTICE (RULE 302). A telephone company may deny or terminate a service or all services without prior notice to the customer and without the customer's permission for any of the following reasons: (3-31-22) 01. Dangerous Condition.A condition immediately dangerous or hazardous to life,physical safety,or property exists,or it is necessary to prevent a violation of federal,state or local safety or health codes. (3-31-22) 02. Ordered to Terminate Service.The telephone company is ordered to terminate service by any court,the Commission,or any other duly authorized public authority. (3-31-22) 03. Illegal Use of Services. The service(s) was (were) obtained, diverted or used without the authorization or knowledge of the telephone company. (3-31-22) 04. Customer Unable to Be Contacted.The telephone company has tried diligently to meet the notice requirements of Rule 303,but has been unsuccessful in its attempt to contact the customer. (3-31-22) 05. Misrepresentation. The telephone company has determined that information provided by the Section 000 Page 9 SGoodson_05132024 customer is materially false or materially misrepresents the customer's true status. (3-31-22) 303. REQUIREMENTS FOR NOTICE BEFORE TERMINATION OF LOCAL EXCHANGE SERVICE (RULE 303). 01. Initial Notice.If the telephone company intends to terminate local exchange service under Rule 301,it will send to the customer written notice of termination mailed at least seven(7)calendar days before the proposed date of termination.Written notice may be provided by electronic mail(i.e.e-mail)if the customer is billed electronically and separately consents in writing to receiving electronic notification.This written notice will contain the information required by Rule 304. (3-31-22) 02. Final Notice.At least twenty-four(24)hours before actual termination,the telephone company will diligently attempt to contact the customer to apprise the customer of the proposed action and the steps the customer must take to avoid or delay termination.This oral notice will contain the same information required by Rule 304. (3-31-22) 03. Additional Notice.If the telephone company has not terminated service within twenty-one(21) days after the proposed termination date as specified in a notice,the telephone company will again provide notice under Rules 303.01 and 303.02 if it still intends to terminate service. (3-31-22) 04. Failure to Pay.No additional notice of termination is required if,upon receipt of a termination notice: (3-31-22) a. The customer makes a payment arrangement and subsequently fails to keep that arrangement; (3-31-22) b. The customer tenders payment with a dishonored check;or (3-31-22) C. Makes an electronic payment drawn on an account with insufficient funds. (3-31-22) 304. CONTENTS OF NOTICE OF INTENT TO TERMINATE LOCAL EXCHANGE SERVICE(RULE 304). 01. Contents of Notice. The written,electronic or oral notice of intent to terminate local exchange service required by Rule 303 will state: (3-31-22) a. The reason(s), citing these rules, why service will be terminated and the proposed date of termination; (3-31-22) b. Actions the customer may take to avoid termination; (3-31-22) C. That a certificate notifying the local exchange company of a serious illness or medical emergency in the household may delay termination under Rule 306; (3-31-22) d. That an informal or formal complaint concerning termination may be filed with the telephone company or the Commission,and that service will not be terminated on grounds relating to the dispute between the customer and telephone company before resolution of the complaint(the Commission's mailing address,Internet address,and telephone number must be given to the customer); (3-31-22) e. That the telephone company is willing to make payment arrangements(in a written notice this statement must be in bold print);and (3-31-22) f. What amount must be paid in order to avoid termination of local exchange service and that partial payments will be applied toward past due charges for local exchange service first. (3-31-22) 305. SERIOUS ILLNESS OR MEDICAL EMERGENCY(RULE 305). Section 000 Page 10 SGoodson_05132024 01. Medical Certificate--Postponement of Termination of Local Exchange or Long-Distance Services.A telephone company offering local exchange or long-distance service between a residential customer and the customer's nearest community providing necessary medical facilities or services must postpone termination of local exchange or long-distance service to a residential customer for thirty(30)calendar days from the date of receipt of a written certificate signed by a licensed physician or public health official with medical training.The certificate must contain the following information: (3-31-22) a. A statement that the customer,a member of the customer's family,or other permanent resident of the premises where service is provided,is seriously ill or has a medical emergency or will become seriously ill or may have a medical emergency because of termination of service;and that termination of local exchange service would adversely affect the health of that customer,member of the customer's family,or resident of the household. (3-31-22) b. If the customer requests that termination of long-distance service be postponed,a statement that termination of long-distance service would impair the customer's ability to communicate with necessary medical facilities or services. (3-31-22) C. The name of the person whose serious illness or medical emergency would be adversely affected by termination and the relationship to the customer. (3-31-22) d. The name,title,and signature of the person certifying the serious illness or medical emergency. (3-31-22) 02. Restoration of Service. If local exchange or long-distance service has already been terminated when the medical certificate is received,the appropriate service will be restored as soon as possible,but no later than twenty-four(24)hours after receipt.The customer will receive local exchange and necessary long-distance services for thirty(30)calendar days from the telephone company's receipt of the certificate. (3-31-22) 03. Second Postponement.The telephone company may postpone termination of local exchange and necessary long-distance service for an additional thirty(30)days upon receipt of a second certificate stating that the serious illness or medical emergency still exists. (3-31-22) 04. Verification of Medical Certificate.The telephone company may verify the authenticity of the certificate and may refuse to delay termination of service if the certificate is a forgery or is otherwise fraudulent. (3-31-22) 05. Obligation to Pay.Nothing in this rule relieves the customer of the obligation to pay any undisputed bill. (3-31-22) 306. MEDICAL FACILITIES--SHELTER CARE(RULE 306). Where local exchange or long-distance services are provided to a customer known by the telephone company to be or identifying itself as a medical care facility,including a hospital,medical clinic with resident patients,nursing home, intermediate care facility or shelter care facility,notice of pending termination will be provided to the Commission 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 will be allowed so that action may be taken to protect the interests of the facility's residents. (3-31-22) 307. INSUFFICIENT GROUNDS FOR TERMINATION OF LOCAL EXCHANGE SERVICE (RULE 307). 01. Termination Prohibited. Telephone companies will not terminate service or provide notice of intent to terminate service if the unpaid bill cited as grounds for termination is: (3-31-22) a. Less than thirty($30)dollars; (3-31-22) Section 000 Page 11 SGoodson_05132024 b. For telephone service provided to any other customer or former customer(unless that customer has a legal obligation to pay the other bill)or for a class of service(business or residential)other than the one to which the customer currently subscribes; (3-31-22) C. For NITS or other goods and services provided by the telephone company or for which the telephone company bills; (3-31-22) d. For service provided four(4)or more years ago unless the customer made a payment on the bill within the past four(4)years,or the customer signed a written payment agreement and then failed to pay; (3-31-22) C. The subject of an informal or formal complaint filed with the Commission;or (3-31-22) f. Is at issue in a case pending before a court in the state of Idaho unless termination is authorized by court order. (3-31-22) 308. RESTRICTIONS ON TERMINATION OF LOCAL EXCHANGE SERVICE--OPPORTUNITY TO AVOID TERMINATION OF LOCAL EXCHANGE SERVICE(RULE 308). 01. When Termination Not Allowed.Unless the customer affected has consented in writing,local exchange service will not be terminated on any Friday after twelve noon or on any Saturday,Sunday,legal holidays recognized by the state of Idaho,or after twelve noon on any day immediately before any legal holiday,or at any time when the telephone company's business offices are not open for business,except as authorized by Rules 302.01 and 302.02,or for non-residential customers,as authorized by any Subsection of Rule 302.Local exchange services may be terminated only between the hours of 8 a.m.and 4 p.m.,except as authorized by Rules 302.01 and 302.02. (3-31-22) 02. Personnel to Authorize Reconnection.Each telephone company providing local exchange service will have personnel available after the time of termination who are authorized to reconnect service if the conditions cited as grounds for termination are corrected to the telephone company's satisfaction.Customers may be asked to pay reconnection fees before restoration of service. (3-31-22) 03. Service to Persons Not Customers.If local exchange service is provided to a residence and the account is in the name of one who does not reside there,the telephone company,prior to termination,will notify the person(s)receiving service and afford the person(s)a reasonable opportunity to negotiate directly with the telephone company to purchase service in the resident's(s')own name(s). (3-31-22) 04. No Termination While Complaint Pending.Except as authorized by order of the Commission or of the Judiciary,local exchange service will not be terminated for failure to pay amounts in dispute while a complaint over that telephone service filed pursuant to Rule 401 is pending before this Commission or while a case placing at issue payment for that telephone service is pending before a court in the state of Idaho. (3-31-22) 309. PAYMENT ARRANGEMENTS(RULE 309). 01. Arrangements Allowed.When a customer cannot pay a bill in full,the telephone company may continue to serve the customer if the customer and the telephone company agree on a reasonable portion of the outstanding bill to be paid immediately,and the manner in which the balance of the outstanding bill will be paid. (3-31-22) 02. Reasonableness. In deciding on the reasonableness of a particular agreement, the telephone company will take into account the customer's ability to pay,the size of the unpaid balance,the customer's payment history and length of service,and the amount of time and reasons why the debt is outstanding. (3-31-22) 03. Application of Payment.Payments are to be applied first to the undisputed past due balance owed by the customer for local exchange services. In discussing or negotiating payment arrangements, the telephone company shall advise the customer what amount of payment the customer must allocate to local exchange service or Section 000 Page 12 SGoodson_05132024 to long-distance service or other goods and services in order to retain those goods and services. (3-31-22) 04. Second Arrangement.If a customer fails to make the payment by the agreed due date,the telephone company may,but is not obligated to,enter into a second arrangement. (3-31-22) 05. When Arrangement Not Binding.No payment arrangement binds a customer if it requires the customer to forego any right provided for in these rules. (3-31-22) 310. DENIAL, RESTRICTION, MODIFICATION, OR TERMINATION OF LONG-DISTANCE SERVICE OR OTHER SERVICES(RULE 310). 01. Compliance. fnedifieafien,of tefminatieft of these sef-viees.Telephone eempanies pfeviding long distanee of ethef sevviees must provide reasonable 410tisp,before*PFmi Commented[J522]:Seems unnecessaryto restate this Telephone companies providing long-distance services must provide reasonable notice before modifying a customer's if these rule sections already apply to telephone compa- existing service. Hies. (3 31 224 Commented[JS23]:Seems unnecessaryto state? 02. Failure to Pay.A customer's failure to pay for undisputed long-distance charges billed by the local exchange company may result in loss of 0+or 0-and 1+dialing access to long-distance services until such time as the customer pays the undisputed charges and any applicable reconnection charges. (3-31-22) 03. Loss of Services.Customer failure to pay undisputed charges for other services may result in loss of those services. (3-31-22) 311. CESSATION OF SERVICE IN A SERVICE AREA(RULE 311). 01. Single Local Service Provider.A telephone company that intends to terminate a service regulated under Title 61,Idaho Code,and an eligible telecommunications carrier that intends to terminate its universal service obligation in an area where it is the only eligible telecommunications carrier,must comply with the following: (3-31-22) a. Petition the Commission for authority to terminate the service 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 hearing within ninety(90)days after receiving the petition,it shall be deemed approved; (3-31-22) b. Mail a notice to each affected customer and to each telecommunications provider affected by the proposed cessation no later than ten(10)days after filing its petition with the Commission. (3-31-22) C. Include with its petition a copy of the notice to customers and the number of customers affected by the proposed cessation; (3-31-22) d. Demonstrate that the termination will not deprive the public of necessary telephone services; (3-31-22) e. Obtain Commission approval before transferring customers to other telecommunications providers. (3-31-22) 02. Competitive Local Service Provider.A local exchange company that intends to terminate local exchange service that is tot subject to regulation under Title 61,Idaho Code`and an eligible telecommunications Commented[JS24]:I'm confused.If they aren't subject carrier that intends to terminate its universal service obligation in an area where it is not the only eligible to regulation under Title 61,whydowe have rules regulat- telecommunications carrier,must comply with the following: (3-31-22) ing them and setting requirements? a. Provide notice to the Commission and each affected customer at least forty-five(45)days prior to Section 000 Page 13 SGoodson_05132024 the proposed termination of service; (3-31-22) b. Inform the Commission of the number of customers and the other providers affected by the proposed termination,and the company's plan to ensure that all customers served by the company will continue to be served; (3-31-22) C. The telecommunications company may,after complying with this rule,transfer customers to another telecommunications provider without obtaining affirmative approval from affected customers if the following conditions are satisfied: (3-31-22) I. The company terminating service has a written commitment from another provider to accept all of the exiting company's customers within the receiving company's service area; (3-31-22) ii. All affected customers are notified at least forty-five(45)days in advance that they may apply to another telecommunications company for the service that is being terminated,and that if they do not obtain service from another provider,then the exiting company will automatically transfer them to the receiving company. (3-31-22) iii. The receiving company may provide service to the terminating company's customers for up to forty- five (45) days without the affected customer applying for service from the receiving company. If the affected customers do not apply for service from or otherwise affirm an agreement to be served by the receiving company within forty-five(45)days,the receiving company may discontinue service. (3-31-22) 312.--399. (RESERVED) COMPLAINT PROCEDURE Rules 400 through 499 400. COMPLAINT TO TELEPHONE COMPANY(RULE 400). 01. Compliant.A customer for service may complain to the telephone company about any deposit or guarantee required as a condition of service,billing,termination of service,quality or availability of service,or any other matter regarding telephone company services,policies or practices for local exchange service,and other services. Complaints to the telephone company may be made orally or in writing.A complaint is considered filed when received by the telephone company.In making a complaint,the customer will state the customer's name,service address, telephone number and the general nature of the complaint. (3-31-22) 02. Investigation by Utility. The telephone company will promptly, thoroughly and completely investigate the complaint,notify the customer of the results of its investigation and make a good faith attempt to resolve the complaint.The oral or written notification will advise the customer that the customer may request the Commission to review the telephone company's proposed disposition of the complaint. (3-31-22) 03. Service Maintained. The telephone company will 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. (3-31-22) 401. COMPLAINT TO COMMISSION(RULE 401). 01. Informal Complaint.The Commission has authority to investigate and resolve complaints made by subscribers to telecommunication services that concern the quality and availability of local exchange service,or whether price and conditions of service are in conformance with filed tariffs or price lists,deposit requirements for such service or disconnection of such service.11f a customer who has complained to a telephone company is dissatisfied Commented[JS25]:Does this need to be in the rule to with a telephone company's proposed disposition of the complaint,the customer may request the Commission to grantthe Commission this authority?I haven't struck be- review informally the disputed issue and the telephone company's proposed disposition of the complaint. The cause it's unclearto me,butfigured I would flagjust in Commission may consider complaints regarding any telephone services over which the Commission has authority. case. Section 000 Page 14 SGoodson_05132024 (3-31-22) 02. Termination of Service-Undisputed Bills.Telephone service will not be terminated nor shall termination be threatened by notice or otherwise while the complaint is pending before the Commission.The telephone company may continue to issue bills and request payment from the customer of any undisputed amounts. (3-31-22) 03. Rights Protected. No customer will be denied the opportunity to file an informal or formal complaint with the Commission. (3-31-22) 402. RECORD OF COMPLAINTS(RULE 402). 01* Recordkeeping.Each telephone company must keep a record of written complaints �U..1,...4t),4 and 40 I These records must retained for a minimum of one ear by_the telephone company where_the Commented[J526]:The record keeping isn't pursuant ......... Y complaints were received.These written records are to be readily available upon request by the complaining customer, to 400 or 401.It's pursuant to this rule 402. the customer's agent possessing written authorization,or the Commission. (3 31 22) 02. Reporting.When previously 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 400 and 401 and the general subject matter of the complaints. (3-31-22) 403. TELEPHONE COMPANY RESPONSE TO INFORMAL COMPLAINTS(RULE 403). Within ten(10)business days of receiving notification that an informal complaint involving the telephone company has been filed with the Commission,telephone companies must respond either orally or in writing to the Commission. A telephone company will be granted an extension of time to prepare its response if it represents that it is making a good faith effort to resolve the matter in dispute.A full and complete response should be submitted to the Commission no later than thirty(30)days after receipt of notification from the Commission. (3-31-22) 404.--499. (RESERVED) QUALITY OF SERVICE Rules 500 through 599 500. QUALITY OF SERVICE(RULE 500). 01. Service Standards.Each telephone company providing local exchange service pursuant to Title 61 or Title 62,Idaho Code,as applicable,and each eligible telecommunications carrier(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 efficient operation of its systems to render safe,adequate and uninterrupted service.These programs must include guidelines for keeping all plant and equipment in good repair,including the following: (3-31-22) a. Broken,damaged or deteriorated equipment must be promptly repaired or replaced;and (3-31-22) b. Transmission problems(including induction,cross-talk,or other poor transmission on any line) must be promptly corrected when located or identified. (3-31-22) 02. Service Outage.If a customer's local telephone service quality deteriorates to such an extent that the customer cannot make local calls or cannot receive local calls or cannot use the service for voice grade communication 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 502. (3-31-22) 501. RESPONSE TO SERVICE OUTAGE(RULE 501). 01. Receipt and Recording of Reports.Each telephone company providing local exchange service Section 000 Page 15 SGoodson_05132024 will 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 will maintain an accurate record of trouble reports made by its customers.This record will include accurate identification of the affected customer or service,the time,date and nature 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 will be available to the Commission or its authorized representatives upon request at any time within two(2)years of the date of the record. (3-31-22) 02. Repair Commitments.Commitments to customers for repair service will be set in accordance with Rule 502.Each telephone company will make every reasonable attempt to fulfill repair commitments to customers. Customers shall be timely notified of unavoidable changes. (3-31-22) 502. REPAIR SERVICE STANDARDS(RULE 502). 01. Restoration of Service.When a telephone company providing local exchange service is informed by a customer of a service outage as described in Rule 500.02,the telephone company will restore service within forty-eight(48)hours after the report of the outage,except: (3-31-22) 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 the customer;or (3-31-22) b. For outages reported on Friday,Saturday or Sunday,the company must restore service no later than the following Tuesday by 6 p.m. (3-31-22) 02. Extenuating Circumstances.Following disruption of telephone service caused by natural 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 required to use reasonable judgment and diligence to restore service,giving due regard for the needs of various customers.When a customer causes the customer's own service outage or does not make a reasonable effort to arrange a repair visit within the service restoration deadline, or when the telephone company determines that the outage is attributable to the customer's own equipment or inside wire,the telephone company is not required to meet the restoration timelines of Rule 502.01. (3-31-22) 03. Compliance Standard.Each month at least eighty percent(80%)of out-of-service trouble reports shall be cleared in accordance with Rules 502.01 and 502.02. (3-31-22) 503. PAYTELEPHONE EMERGENCY ACCESS REQUIRED(RULE 503). 01. Access to Emergency Services.All telephones connected to an OSP are required: (3-31-22) a. To provide direct access to a local exchange company operator for access to emergency services by dialing"0"(except for OSP customers like hotels,motels,hospitals,dormitories,etc.,that direct"0"calls to a person on the OSP customer's premises),and (3-31-22) b. Where available,to provide direct access to emergency service providers by dialing"911",unless exempted by the Commission pursuant to Rule 102.02 of this rule.Unless exempted,access to the OSP network(other than the local exchange company's)may be made through any other access number or keypad symbol.Exempted providers are required to maintain current lists of local emergency numbers. (3-31-22) C. Provide or pass through the information required by Enhanced 911 service providers,including but not limited to,signaling system seven("SS7")and automatic number identification("ANI"). (3-31-22) 02. Emergency Dialing Instructions.All pay telephones owned or controlled by the OSP customer must be posted with emergency dialing instructions. (3-31-22) j.........ion of............................_"...e.................4...........i.........................This..................Rule................._........................................................._......_...Commission's ...........__ Commented[J527]:Seems unnecessate ination R__fse_P,4ee(Telephone Custa-m-er Relations Rules 300 314,1DAPA 31.41.01.300 through 31.41.01.314 ryto state this again. Section 000 Page 16 SGoodson_05132024 504. PAYTELEPHONE APPROVED INSTRUMENTS -- OPERATION OF INSTRUMENTS fftULF, 5"• 01. Registered or Exempt Instruments.All PSPs connecting pay telephones to the network must connect pay telephone instruments that: (3-31-22) a. Are registered under 47 CFR Part 68 of the Federal Communications Commission(FCC)Rules and Regulations(October 1,2000)and comply with all Americans with Disabilities Act(ADA)requirements listed in the Code of Federal Regulations at 28 CFR Part 36(July 1,2000)and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities("ADAAG")(July 1,2000). (3-31-22) b. If not registered,are connected behind a protective coupler registered under Part 68 of the FCC Rules and Regulations;or (3-31-22) C. Are exempted from registration by the FCC.See Title 47,Part 68.1 through 68.318(October 1, 2000). (3-31-22) 02. Instruments for the Hearing Impaired.All owners of PSPs connecting pay telephones to the network must connect pay telephones that comply with the requirements of the Telecommunications for the Disabled Act of 1982(January 3,1983)and 47 CFR.Parts 68.112 and 68.316(October 1,2000)(which address access to the handicapped and hearing aid compatibility). (3-31-22) 505. PAYTELEPHONE EMERGENCY NUMBERS(RULE 505). Pay telephones must allow coin-free operator and emergency 911 access in any exchange in which 911 service is available.Where 911 service is not available,instructions for completing coin-free emergency calls must be posted on the pay telephone instrument as required in Rule 207. (3-31-22) 506. CONNECTION OF PAY TELEPHONES(RULE 506). Pay telephones shall be connected only to public access lines(PAL).Every LEC must offer a PAL tariff or price list. There must be one(1)PAL for each pay telephone instrument. (3-31-22) 507.--599. (RESERVED) MISCELLANEOUS PROVISIONS Rules 600 through 699 600. INFORMATION TO CUSTOMERS(RULE 600). 01. Required Information.Each telephone company providing local exchange service will make the following information available to its customers: (3-31-22) a. A summary of the general terms and conditions under which service is provided,referring to these rules as appropriate; (3-31-22) b. A clear and concise explanation of: (3-31-22) i. All the goods and services for which the customer is billed,including those goods and services provided as part of a package offered by the telephone company; (3-31-22) ii. All recurring charges associated with individual goods and services or package of goods and services for which the customer is billed; (3-31-22) Section 000 Page 17 SGoodson_05132024 iii. Any early termination fees that apply if the customer terminates service prior to the end of a service agreement or contract period; (3-31-22) iv. The telephone company's dispute resolution procedures and a statement that an informal or formal complaint may be filed with the Commission;and (3-31-22) V. If the customer subscribes to non-published service,the circumstances under which the telephone company will release information about the customer or the customer's service and to whom it will be released. (3-31-22) 02. When and How Information Provided.Information will be provided to customers in writing upon initiation of service 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 service may be separately mailed or included with the paper or electronic billing statement delivered to the customer.Subsequent notices may be made by separate mailing, included with a billing statement or,with the customer's consent,by electronic notice with reference to information contained on the telephone company's website. (3-31-22) 601. ACCESS TO EMERGENCY SERVICES(RULE 601). In counties where consolidated emergency communications systems,as defined by Section 31-4802,Idaho Code,are established,the local exchange company will provide access to those services to all its customers. (3-31-22) 602. REQUEST FOR TELEPHONE COMPANY RECORDS(RULE 602). 01. General Rule.If any telephone company subject to these rules is directed by subpoena or court order to disclose customer records,as soon as practical,it will notify the customer what records were requested and of the company's response to the request.In no case will the reasonable period of time under this rule exceed two(2) business days after deciding to abide by that request. (3-31-22) 02. Exceptions.This rule does not apply if a judge of a court of competent jurisdiction has ordered a telephone company not to disclose that it has complied with a court order or subpoena to turn over a customer's telephone records. (3-31-22) .-- ----- ----- ----- ----.........---- ----- ----- ----- -----................... ..__.......__' Commented[J528]:This seems entirety unnecessary to CeAain f,�al;_st4e er-_I�eal ageneies have been pefmitted by fule or wiff approved by or filed, vith th e F restate and seems more informational than anything. of the ageney.This autafnatie reeaFdiag is all swed fqf sesuri ,sagaty or publie interest pufpe ses.Release of telephone eewvefsafieas.This ntle does not pfeelede the feeerds'felease pufstiant to independent jttdieial,exeeutive,legislative, of other order of autherization fef release of stieh eenversations,of upen eensent of all pat4ies whose eenvefsations were reeerded.(3 31 22) 604. PUBLIC NOTICE(RULE 604). ........................._._ Commented[J529]:Not necessary to restate this. Cede—Public notice required by 62-606 must be reasonably designed to call affected customers' attention to the proposed changes in rates.Legal advertisements alone will not be considered adequate public notice.Individual notice to all customers affected will always constitute public notice.Notices of rate increases must be provided to individual customers at least ten(10)days before change is effective. (3 31 22) 605 (RESERVED) 1604 -..........._._..........._._..........._.................................................................................................................................................................................................................................................... Commented[J530]:I can't seethe purpose of making Eaeh telephone eempany providing leeal exehange sen,iee will summarize the pfevisions ofSeefiens 48 companies print and summarize the legislative findings 1dahe Code, in an affimial i4ise;4 i4q A billing statement mailed to euqtsmers or by eanspietiatis pubheation in the and intent section of code that is already in the code. Section 000 Page 18 SGoodson_05132024 by ssoalishing the following explan ation or vac(1)substantially sifnilar- (3 31 22) 606. INFORMATION,PRICE LISTS OR TARIFFS FOR NON-LOCAL EXCHANGE SERVICE(RULE 606). I01. Information to be Filed. Ia44_46e_pw,...e eqf x-__ex -.,,,«,-..1 nef refit of _.:.. Commented[J531]:Much of this already seems tobe stated by 62-604(1)(b).If the unstruck portions need to be retained,suggested language to the left. in€ermatiewThe following must be additionally included on any notice required pursuant to 62-6040)(b),Idaho Code: (3 31-22) a. The nafne efthe telephone eefperatien and the business name efthe telephone eefperafian ifit does- business under-an assufaed business , (3 31 22) 044—hee tedephone eeFpaFalien,and,iftheFe is aprineipalplaee afbusiaess in Mahe,the addresses Ofthe PFifle mail.IRS,@ e€ ass is ld-ahe, 3 31 I?) ea. 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; (3-31-22) hone eerperatien or inwhieh the telephone eaFparatian offers ar intpmds to offer (3 31 22) eb. Address(es)and toll-free telephone number(s) for personnel responsible for handling consumer inquiries,complaints,etc.,by the public;and (3-31-22) €c. Name(s),United States mail and electronic(if available)addresses,and telephone number(s)of person(s)designated as a contact for the Commission Staff in resolving consumer complaints,responding to consumer inquiries,and answering matters concerning rates and price lists or tariffs.These notices must be updated at least annually, between December 1 and December 31 each year, and whenever there is a change in the telephone corporation's name,address,or agent for service of process. (3-31-22) 02. Service.Notices,orders,rules,complaints and other documents issued by the Commission may be served by United States or electronic mail on the agent for service of process listed pursuant to this rule.This service constitutes due and timely notice to the telephone corporation,and no further service is necessary 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 Secretary. (3-31-22) 607. PRICE LISTS OR TARIFF FILINGS(RULE 607). 01. Price Lists or Tariffs.Inn telephone eerperatiens.ubjeet to the Teleee-vammmipatians Apt of 1999 ,1dahe Code Commented[J532]:62-616 speaks to the Commis- sion's authority to investigate and resolve complaints telee,._,...uniea fien -4eeg not n a fed--ndef Title 61 e fthe ldah, .-e The notice requirements of Section 62-606 ., made by subscribers to telecommunication services.I'm Idaho Code,for price lists or tariffs must include: not sure how that is relevant to this section. (3 31 22) Commented[J533]:Unnecessary to restatethm a. Contain a title page identifying the telephone corporation; (3-31-22) b. Show on each page the name of the company,the date of issuance and an effective date for their rates; (3-31-22) Section 000 Page 19 SGoodson_05132024 C. Contain a table of contents; (3-31-22) d. Number pages and paragraphs describing the services; (3-31-22) e. Show when pages or services have been cancelled or revised;and (3-31-22) f. Provide a mechanism(e.g.,page revision numbers)for tracing additions,deletions or amendments to the price list or tariff.The price lists or tariffs must include schedules of rates for each type of service 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 services.Surcharges,discounts,hours of availability,minimum service periods,and other conditions of service must be detailed. (3-31-22) 02. Changes to Price Lists or Tariffs.kxn...._.....:_ d by o etien 62 606 1dahe Cod ,.,.,..ges to pf Effiffi are effeefive not less than ten(10)days aftef filing with the Commission and giAag ptiblie netiee to plaeed orpriee reduetions,both ofwhiek may take effeet immediately will-filing�Changes to price lists or tariffs must Commented[J534]:Unnecessary to restate. be accompanied by a letter of transmittal stating how affected customers received notice of the changes to price lists or tariffs.SAP n ip,604 `z�) 03. Tracking Price Lists or Tariffs.Each revision to a price list or tariff must be accompanied by a cover letter summarizing the changes to the price list or tariff,specifically referring to existing tariff pages affected by the new price list or tariff and stating whether new pages replace,are in addition to,or delete existing pages.The Commission Secretary may adopt a system to number each company's changes to its price lists or tariffs. (3-31-22) �08. FORM AND NUMBER OF COPIES OF PRICE LIST OR TARIFF(RULE 608). Price lists or tariffs filed pursuant to Section 62-606,Idaho Code,or by this Commission's implementation of Section 62-616,Idaho Code,must have a blank space approximately three by one and one-half inches(Y x 1-1/2")square provided for the Commission's filing stamp in the upper right or lower right corner of each schedule filed.An original and three(3)copies of the price list or tariff must be filed with the Commission.The Commission stamps its indication that the price list or tariff has been filed in the space provided on each copy of the price list or tariff,placing the original in its files and returning one copy to the telephone corporation. (3-31-22)1 Commented[J535]:Is this still necessary?This seems unnecessarily prescriptive. 609.--699701. (RESERVED) SLAMMING PROVISIONS Rules'^°thFo 702 1704 .................................r............._----- .. Commented[J536]:Unnecessary if already in the IBR Local exchange companies and interexchange carriers are prohibited from submitting or executing an manthorivo. document. regarding slamming. (3 33 22) �01. ADOPTION OF FEDERAL SL A A04 NG REGULATIONS(RULE 70 1). Commented[J537]:Need a link directlyto the regula- (3 31 "` tions and move up to beginning IBR section. 702. STATE PROCEDURES(RULE 702). 01. Fonn.Complaints regarding an unaulhaFized eaFfier ehange mEFy be filed with the Commiqsion i;i person,by mail,by e mail,or by telephone. E mail eefnplain4 fefms to seefetafy@ptie.idaho.gov.A eapy of the telephone bill(s)in dispute and ethef relevan�evidenee shall be provided to the Genffnissieft by the eemplaining pafty. The slamming eamplaint shall inelude the fellawing infefmatiew (3 31 2-2) Section 000 Page 20 SGoodson_05132024 a. Name,address and telephone Fitimber of eamplainant; (3 31 22) b. Naarefidentity of the alleged slamming eaaier; (3 34 22) e. Name of the previetts a..theF�ed c-a;ier; (3 34 22) d. Name of the billing efAity; (3 34 22) P. Bate tti� he alleged slamming eeouFFed; (3 31 22) €. W-hetaftheeusttemer has been-resteiedto the preferred-caFier; (3 34 22) 9.Whethef the eustemer has paid any or all the dispeted-c-harges; (3 34 22) h. Effbi4s in-attempaegto resoh,e t=e alleged-slamming;and (3 31 22) 1. IdLkuthef the-susteMe ....s ehar for char s). (3 34 22) Sngm n__- Commented[JS38]:Moved up to Section 004. 021. Procedure. The Commission's Consumer Assistance Staff shall be responsible for resolving slamming complaints under the Commission's informal complaint procedures in IDAPA 31.01.01, "Rules of Procedure of the Idaho Public Utilities Commission,"Rules 21 through 24.Not later than twenty-one(21)calendar days after notification of a slamming complaint,the alleged unauthorized carrier shall provide to the Consumer Assistance Staff a copy of any valid proof of verification of the carrier change and any other evidence relevant to the complaint.6Jse of the Commission's:..a..Mal,.,....plai..t....eeedures are....ndatef. I.L3 Commented[J539]:They are mandatory because they are already part of the rule,not because a rule restates 703.--999. (RESERVED) that they are mandatory. Section 000 Page 21 SGoodson_05132024