Loading...
HomeMy WebLinkAbout20040728_897.pdfDECISION MEMORANDUM TO:COMMISSIONER KJELLANDER CO MMISSI 0 NER SMITH CO MMISSI 0 NER HANSEN COMMISSION SECRETARY LEGAL WORKING FILE FROM:BEVERL Y BARKER DATE:JULY 26, 2004 RE:PROPOSED REVISIONS TO THE TELEPHONE CUSTOMER RELATIONS RULES (IDAP A 31.21.01) Staff recommends that the Commission consider amending its Telephone Customer Relations Rules. What follows is a brief description of the substantive revisions proposed by Staff. Proposed changes to Rules 109 and 308 mirror revisions made to the Utility Customer Relations Rules that became effective earlier this year. A new Rule 111 is proposed to implement the provisions of Section 14-508 , Idaho Code. Attached for your review is a marked- up version of the rules, including one "housekeeping" change. If the Commission wishes to initiate a rulemaking this year, the proposed revisions must be submitted to the Administrative Rules Coordinator by August 25 , 2004. The rules will be published in the October issues of the Administrative Bulletin. After publication, public comment will be accepted. The Staff will then submit an analysis of the comments and the Commission may then decide whether to adopt the proposed rules as pending rules. Staff proposes the following amendments: Rule 109 Receipt for Deposit - Records of Deposit Subsection .02 - Retention of Records Adds a provision covering deposits that have been refunded by the utility. The time frame specified (3 years) is derived from the NARUC's "Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities Updates record retention period for unclaimed deposits to reflect current state law. DECISION MEMORANDUM - 1 - Rule 308 - Serious Illness or Medical Emergency Makes revisions to clarify and streamline the rule. Eliminates subsection 308.04 that requires customer to make payment arrangements prior to expiration of the certificate. PaYment arrangements are covered under Rule 312, and need not be reiterated here. Eliminates requirement that medical certificates include information on the nature of the serious illness or medical emergency. The patient privacy provisions of the Health Insurance Portability and Accountability Act of 1996 have caused some health professionals to refuse to divulge the information required by this subsection. Moreover, a health professional' statement that a serious illness or medical emergency exists and that utility service is necessary to prevent harm is sufficient to grant a 30 day payment extension. Adds a new subsection stating that the customer who obtains a medical certificate remains obligated to pay undisputed bills. New Rule 111- Unclaimed Deposits and Advance Payments Staff proposes a new rule to implement Idaho Code ~ 14-508 (attached), which allows utilities to pay funds from unclaimed utility deposits and advance payments to "a financial assistance program that assists the utility s low income and disadvantaged customers with their utility bills The proposed rule would permit utilities to apply to the Commission for approval to pay unclaimed deposits to low-income consumer programs instead of to the State. COMMISSION DECISION Does the Commission wish to issue proposed rules as recommended by Staff? i:udmemos/rule dm tcrr DECISION MEMORANDUM - 2 - IDAP A 31 TITLE CHAPTER 31.41.01 - CUSTOMER RELATIONS RULES FOR TELEPHONE CORPORATIONS PROVIDING LOCAL EXCHANGE OR INTRASTATE MTS/W 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) RULES 101 THROUGH 199 - RESIDENTIAL AND SMALL BUSINESS DEPOSIT A.~D CUARANTEE PRACTICES (BREAK IN CONTINUITY OF SECTIONS) 109.RECEIPT FOR DEPOSIT--RECORDS OF DEPOSITS (RULE 109). 01. Receipts. Each customer paying a deposit must shall be given a receipt containing or otherwise be provided with the following information: a. Name of customer and service address for which deposit is held; b. Date of payment; c. Amount of paYment; and d. Statement of the terms and conditions governing the return of deposits. (7-93) (7-93) (7-93) (7-93) 02. Retention Of Records. Each telephone company shall maintain records that will enable a customer entitled to a return of a deposit to obtain a refund even though the customer may be unable to produce the receipt for the deposit. These records must include the name of each customer, the service locations 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 refunded to customers for a period of three Q) years after the date of refund.The telephone company shall retain these records of unclaimed deposits for a period of seven (1) years as required by the Unclaimed Property l\.Sections 14 501 et seq-;-, Idaho Code, and in particular Section 14-531 , Idaho Code, (ten years) 03. Transfer Of Records. Upon the sale or transfer of any telephone company or any of its operating units, the seller shall 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.(7-93) (BREAK IN CONTINUITY OF SECTIONS) 111. UNCLAIMED DEPOSITS AND ADVANCE PAYMENTS (RULE 1111 01. Presumption of Abandonment. Pursuant to Section 14-508, Idaho Code, any deposit or advance paYment made to obtain or maintain local exchange service, message telecommunications service (MTS), or other services that is unclaimed by the owner for more than one CD year after termination of service is presumed abandoned. 02.Financial Assistance Pro ram.telephone company may apply to the Commission for approval to pay unclaimed 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 bills. The telephone company shall remain obligated to file its report of such abandoned property as required by Section 14-517, Idaho Code, and retain records as required by Section 14-53 L Idaho Code. 1-2. -- 199. (RESERVED). (BREAK IN CONTINUITY OF SECTIONS) 308.SERIOUS ILLNESS OR MEDICAL EMERGENCY (RULE 308). 01. Medical Certificate--Postponement Of Termination of Local Exchange or MTS Services. A telephone company offering local exchange or MTS service between a residential customer and the customer s nearest community providing necessary medical facilities or services must postpone termination of local exchange or MTS service to a residential customer for thirty (30) calendar days from the date of the receipt of a current written certificate signed a licensed physician or public health official with medical training that states: .:. The certificate must contain the following information:5 95)( a. statement that +lhe 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 have a medical emergency because of termination of service; and that b. Tlermination of service would adversely affect the health of'that customer, member of the customer s family, or resident of the household. ~( 02. Contents OI--Medical Certificate. This certificate must be in 'v\Titing and sho'vv ekafly b. tThe name of the person whose senous illness or medical emergency would be adversely affected by termination and the relationship to the customer and ! c. the nature of-the serious illness or medieal emergency, and-tThe name, title, and signature of the person giving notice of or certifying the serious illness or medical emergency. Restoration Of Service. If local exchange or MTS servIce has already been terminated when the medical certificate is received, the appropriate service must shall be restored as soon as possible, but no later than twenty-four Q.i) hours after receim. The customer mast shall receive local exchange and necessary MTS services for thirty (30) calendar days from the telephone company s receipt of the certificate.5 95)( 04. Payment Arrangements. Before the expiration of the medieal--pestponement, the customer must make pa)ment arrangements \vith--4he telephone company in accordance 'v'vith Rule 312. Second Postponement. The telephone company must postpone termination of local exchange and necessary MTS service upon receipt of a second certificate stating that the serious illness or medical emergency still exists, unless during the period of the first certificate excessive or unwarranted MTS calls were incurred and not paid or the customer refused to enter into paYment arrangements.(1-95) 064.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. (7-93) 05. Obligation to Pay. Nothing in this rule relieves the customer of the obligation to pay any undisputed bill. (BREAK IN CONTINUITY OF SECTIONS) 702.ADOPTION OF FEDERAL SLAMMING REGULATIONS (RULE 702). The Commission adopts the slamming regulations promulgated by the Federal Communications Commission and found at Sections 64.1100 through 64.1170 and 64.1190, Title 47, Code of Federal Regulations (October 1 , 200 ). Local exchange companies and interexchange carriers shall comply with applicable provisions of the federal regulations adopted by reference except as modified in Section 703 of these rules. ill I!\1:"I,::jl ii)itji! :I~I i1,I'li!': ::;I!'iil! i"'I ii!'I~i i 1,1: :\/;, " 1'11 ;fIAI:', ,1!1 ~W!i:, " J~I' , ; ,:' ::';;;;; ; , 'F',ii, ' : i ;I-'\! "" II: , ,, " :I, ii,ii,II 'I' II' ,/ 'I, ii' il, Iiiii, :ii 1': ,(1/1, Iii Ii; :\',,' i!1 /,:: I): ' I :!i I/, ii!':i , ' 'i, III; !i i H : ii illflU ili! i Ii IIIill : Ii I,! IJ,ii!:,1 llU 1/11 illl ,I; ilil Iii :11 ,I;::i ii' :;!, ii'I:: Ii:iii :,'::' 'i'Ii; 11' iil ,Iii Iii' ! " ;:1 'I, I'-C"~'=- -'-~-,-,--",,--,""" :1; 14-508 ESTATES OF DECEDENTS 4~l$~O. 8tol X("s.~ -' , ' 6c:~.:or other ~tEmGE3;of wh , Y'~i~ed aban( 6id~f, if a divi, L;:terest' has reI :~?, rier within i , " ~s~b~iation regE ;',"i,' able as a ref m~~)'t\t ~h~~XJ :':: ~er to claim,~~s esu1t oftl fKerebave been d'riPIlgthe peril : dividends, distr ' "' p~fi()d : the perit \ the ci~~e paymeJ ' i became du s'Gms are not p. :run until there th~t have not b (3) The rum. don (1) of this payable to the c by the owner, a the time a subs( payable. (4) At the tirr dividend, distriJ a result of th. presumed aban ' (5) This chap interest enrolle, dividends, distr unless the recOl owner has not v in subsection (1 communication: 1992, ch. 21 , ~ Compiler s not. repealed. See ComI Sections 1 and 3 compiled' as ~~ 14, tively. --'---- (7) Commencing two (2) years after the effective date of this chapter;every change of beneficiary form issued by an insurance company under anY'life or endowment insurance policy or annuity contract to ' an insured oL""owner whose is a resident of this state must request the following infOl1n.a;X~~tion: ' , ". "..~~~ (,;J The name of each beneficiary, or if a class of beneficiaries is named;'~the name of each CUITent beneficiary in the class; t:c . ."""" (b) The address of each beneficiary; and " ;;, (c) The relationship of each beneficiary to be insured. (I., ~ 14-507 .ui;;~1;added by 1983, ch. 209, ~ 2, p. 563. Compiler s notes. Former ~ 14-507 wasrepealed. See Compilers notes, ~ i4-501. 14-508. Deposits held by utilities. (1) A deposit, including anyKio/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.deductions, that remains unclaimed by the owner for more than one (1) year after termination of services for which the deposit or advance payment wasmade is presumed abandoned. (2) The public utilities commission may certify that a utility is partici-pating in a financial assistance program which assists the utility s lowincome and' disadvantaged customers with their utility bills. Upon certifi--cation to the administrator, the utility shall pay the funds which would havebeen presumed to be abandoned under subsection (1) of this section to thefinancial 'assistance program certified by the public utilities 'commission.The utility shall remain obligated to file its report of such abandonedproperty as required by section 14-517, Idaho Code. (I.C., ~ 14-508, as addedby 1983, ch. 209, ~ 2, p. 563; am. 1997, ch. 399, ~ 5, p. 1262. . Compiler s notes. Former ~ 14-508 wasrepealed. See Compiler s notes , ~ 14-501.Sections 4 and 6 of S.L. 1997, ch. 399 are compiled as ~~ 14-504 and 14-512.Sec. to sec. ref. This section is referred to in ~ 14-524. 14-509. Refund held by business associations. Except to theextent otherwise ordered by the court or administrative agency, any sumthat a business association has been ordered to refund by a court oradministrative agency which has remained unclaimed by the owner formore than one (1) year after it became payable in accordance with the finaldetermination or order providing for the refund , whether or not the finaldetermination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned. (I. ~ 14-509, as added by 1983, ch.209, ~. 2, p. 563. CompHer s notes. ,Former ~ 14-509 wasrepealed. See Compiler s notes, ~ 14-501.