PROPOSED RULEMAKING
[L-960113]
[52 PA. CODE CHS. 63 and 64]
Residential Telephone Service
[26 Pa.B. 2810] The Pennsylvania Public Utility Commission (Commission) on February 8, 1996, adopted a proposed rulemaking regarding revisions to telephone regulations contained in Chapters 63 and 64. The proposed changes are necessary to: (1) clarify and simplify existing requirements; (2) update certain regulations to reflect present industry standards; and finally, (3) eliminate provisions believed to be excessive and to no longer serve a useful purpose. The contact persons are Maureen A. Scott, Assistant Counsel, Law Bureau, (717) 787-3639 and Louis Sauers, Bureau of Consumer Services, (717) 783-6688.
Executive Summary
By Order entered May 23, 1995, the Commission issued an Advance Notice of Proposed Rulemaking to Review and Rescind All Obsolete and Excessive Rules and Regulations. Comments were received from the Pennsylvania Telephone Association, GTE North and the Pennsylvania Office of Consumer Advocate. Based upon the comments received and upon its own review, the Commission has identified approximately 30 sections of its telephone regulations contained in Chapters 63 and 64, which are in need of revision. These changes were incorporated in the above proposed rulemaking by Order adopted February 8, 1996.
The proposed changes are necessary to: (1) clarify and simplify existing requirements; (2) update certain regulations to reflect present industry standards; and finally, (3) eliminate provisions believed to be excessive and to no longer serve a useful purpose.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Commission submitted a copy of these proposed amendments on May 30, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Consumer Affairs and the Senate Committee on Consumer Protection and Professional Licensure. In addition to submitting the proposed amendments, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Commission in compliance with Executive Order 1996-1. A copy of this material is available to the public upon request.
If the Legislative Committees have objections to any portion of the proposed amendments, they will notify the Commission within 20 days of the close of the public comment period. If IRRC has objections to any portion of the proposed amendments, it will notify the Commission within 30 days after the close of the public domment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulation, by the Commission, the General Assembly and the Governor of any objections raised.
Public Meeting held
February 8, 1996Commissioners Present: John M. Quain, Chairperson, Concurring and Dissenting in Part--Statement follows; Lisa Crutchfield, Vice Chairperson; John Hanger, Concurring and Dissenting in Part--Statement follows; David W. Rolka, Concurring and Dissenting in Part--Statement follows; Robert K. Bloom, Concurring and Dissenting in Part
Proposed Rulemaking Order By the Commission:
By Order entered May 23, 1995, we issued an Advance Notice of Proposed Rulemaking To Review And Rescind All Obsolete And Excessive Rules And Regulations and Docket No. L-950103. The advance notice was published in the Pennsylvania Bulletin on June 3, 1995, 25 Pa.B. 2188, and a 60-day comment period set.
We received detailed comments from the telephone industry on sections in Chapters 63 and 64, regarding those sections which are obsolete, excessive and in need of revision. Accordingly, we have reviewed the comments and have developed proposals dealing with 30 sections. The following is a summary of the proposed changes which we request comment on from interested parties. In addition to the specific modifications set forth below, the Commission is interested in receiving comment from parties on whether Chapters 63 and 64 adequately provide for the special circumstances of customers with disabilities. In particular, the Commission requests comment on the following questions. Do the procedures and standards in Chapters 63 and 64 adequately serve and provide sufficient protections for customers with disabilities? Are current regulations adequate or are more specific requirements necessary? For instance, are the proposed regulations adequate to serve the hearing impaired? Should braille notices be required for the visually impaired? Is in-person customer contact necessary to convey the required information to customers with certain disabilities? Interested parties are encouraged to address these and related questions, and to give concrete suggestions on specific revisions to Chapters 63 and 64 which the Commission should incorporate to better address the special needs of Pennsylvanians with disabilities.
Chapter 63. Telephone service
§ 63.15. Complaint procedures. Subsection (a) has been changed to clarify the nature of the utility's required response, which has been perceived by the utilities to be the preparation of a supplemental report. The proposed amendment clearly establishes that the utility may terminate the investigation by submitting a copy of the service order which identifies the action taken by the utility to resolve the service complaint.
§ 63.17. Number of subscribers per line. This section is being deleted since it contains standards and procedures applicable prior to December 19, 1983. The four subscriber maximum presently used by the industry is being added to Section 63.18.
§ 63.18. Multiparty line subscribers. A single sentence changing the limit for maximum subscribers to a multiparty line is being added to reflect the change in industry standards.
§ 63.21. Directories. Subsection (e) is replaced to clarify a local exchange carrier's (LEC's) authority to investigate, evaluate and require modification or deletion of misleading directory listings without being as duplicative or onerous as the present language.
§ 63.31. Classification of telephone public utilities. This section is being amended to reflect the standards included in Chapter 30 and recent Commission rulemakings to provide for two classes of telephone utilities: Class A carriers are defined as those with more than 50,000 access lines; while Class B carriers are defined as carriers with 50,000 access lines or less. The Commission also requests comment on whether parties believe that the definitions should also contain a revenue threshold to further distinguish between Class A and Class B carriers.
§ 63.95. Sufficiency of public telephone service. The existing section is being replaced as outdated and excessive with wording closely following the legislative mandate of 66 Pa.C.S. § 2912, which it is intended to implement. The new wording continues to restrict when a public coin telephone can be removed by a LEC, as intended by the statute.
§ 63.96. Service requirements for coin telephones. Subsections (b) through (h) are replaced to update the Commission's requirements for converting two-way coin telephone service to one-way. Under the proposal, the Bureau of Consumer Services has 10 days to determine whether the request is justified and will then provide written notice of its determination.
Chapter 64. Standards and Billing Practices for Residential Telephone Service § 64.2. Definitions.
Dispute--The definition of dispute is changed to allow a customer or applicant to resolve a disagreement with the LEC during either the initial contact or follow-up response without the LEC being charged with a dispute.
The definition of dispute has also been modified to specifically exclude a disagreement which arises from: (1) any matter outside the scope of Chapter 64; (2) the inability of a customer or the customer's designee and the LEC to enter into a mutually satisfactory payment arrangement; or (3) billing data provided to the LEC by an interexchange carrier.
§ 64.11. Method of payment. This section is modified to provide that a LEC may treat an unpaid check as a payment never made by the customer, and consequently, may take immediate action to suspend or terminate service once a check is returned as ''unpaid.'' The proposed language prohibits suspension or termination of service when the bill is in dispute and further provides that a LEC may not impose a handling charge if the customer stops payment on a check due to a good faith billing dispute.
§ 64.12. Due date for payment. The proposed language adds an exception to the 20 day rule in those instances where the LEC has negotiated earlier due date arrangements with the customer.
§ 64.17. Application of partial payments. This section is being altered to provide that partial payments be applied first to payment of basic charges before going toward payment of any other service. This change corrects a problem that arises when basic service is not always afforded the highest degree of protection.
§ 64.18. Application of partial payments between past and current bills. This section is being deleted as repetitive of the previous section.
§ 64.21. Separate billing for nonbasic service, toll service and basic service. The proposed changes allow LECs to bill in two ''pots'' rather than one for each service, with the requirement that basic service be billed separately being retained.
§ 64.31. Policy statement. New language clarifies that a LEC is not required to furnish service to any applicant if any member of applicant's household is indebted to the LEC for service previously furnished.
§ 64.33. Payment of outstanding balance. Subsection (b), which prohibits a LEC from requiring payment for a residential service previously furnished under an account in the name of persons other than the applicant without a legal determination that the applicant is obligated to pay, has been deleted.
§ 64.34. Written procedures. This section is modified to permit LECs to give a ''brief'' explanation of credit and deposit procedures rather than the lengthy explanation given by some LECs now.
§ 64.41. Interest. The interest rate is being changed from 9% per annum to the current legal rate.
§ 64.61. Authorized suspension of service. This section is changed to allow a LEC to suspend service whenever there exists an unpaid indebtedness for telephone service from a previous customer and the previous customer continues to occupy the premises.
§ 64.63. Unauthorized suspension of service. Reason number (7) has been replaced to remove the requirement that a legal obligation must be established prior to suspending service. Under the proposed language, service may not be suspended for nonpayment of a previous occupant of the residence unless that occupant continues to reside there.
§ 64.71. General notice provisions. Additional language to this section provides that a LEC may revert to the 24 hour personal notice of suspension provision of § 64.81 when the customer fails to comply with the material terms of a payment agreement for toll and/or nonbasic service.
§ 64.74. Procedures upon customer contact before suspension. Language is added to subsection (b) to provide that the LEC may suspend toll or nonbasic service after complying with the limited notice provision in § 64.81 when a customer breaches a payment agreement for toll or nonbasic service.
§ 64.81. Limited notice upon noncompliance with report or order. Proposed language expands this section to allow the LECs to use limited notice in instances where a customer fails to keep the terms of a payment agreement for toll or nonbasic service.
§ 64.108. Right of LEC to petition the Commission. This section recognizes the new section 64.109 which deals with the circumstances under which a LEC can suspend service before the expiration of a medical certification.
§ 64.109. Suspension prior to expiration of medical certification. This new section provides that a telephone company may suspend service prior to the expiration of a medical certification if the customer has failed to make timely payments for service provided if the company follows the notice procedures in section 64.71.
§ 64.133. Termination stayed. Added language provides that the disputing party shall pay or enter into a reasonable payment agreement on all undisputed portions of the bill.
§ 64.141. General rule. Subsection (5) is changed to reduce the paperwork of a company if a customer is satisfied with the dispute resolution.
§ 64.142. Contents of the LEC report. Subsection (6) is revised to specify that a LEC must provide the information at § 64.152(a)(1), (2), (3) and (6) when a written report is neither requested or deemed necessary.
§ 64.153. Commission informal complaint procedures. Proposed language prohibits a LEC from suspending or terminating service based on the complaining party's nonpayment of other billed amounts where these other amounts reflect the same underlying problem as the contested billed amounts.
§ 64.161. General rule. (Formal complaints). Added language limits a broad stay provision to specifically provide that a LEC may still suspend or terminate service based on the complaining party's nonpayment of other billed amounts.
§ 64.191. Public information. Language is added to this section to specify which verbal information must be transmitted to an applicant in order to relieve the LECs of the necessity of giving all information to the applicant.
Accordingly, under sections 501, 504, 505, 506, 1301 and 1501 of the Public Utility Code (66 Pa.C.S. §§ 501, 504, 505, 506, 1301 and 1501) and the Commonwealth Documents Law (45 P. S. § 1201 et seq.) and the regulations promulgated thereunder, we shall institute a rulemaking proceeding to accomplish the objectives described in the body of this order. Therefore, It Is Ordered That:
1. A rulemaking proceeding is hereby instituted at this docket.
2. The Commission's regulations are hereby proposed to be amended by:
(a) adding § 64.109.
(b) deleting §§ 63.17 and 64.18.
(c) amending §§ 63.15, 63.18, 63.21, 63.31, 63.95, 63.96, 64.2, 64.11, 64.12, 64.17, 64.21, 64.31, 64.33, 64.34, 64.41, 64.61, 64.63, 64.71, 64.74, 64.81, 64.108, 64.133, 64.141, 64.142, 64.153, 64.161 and 64.191.
3. The Secretary shall submit this order and Annex A to the Office of Attorney General for approval as to legality.
4. The Secretary shall submit this order and Annex A to the Governor's Budget Office for review of fiscal impact.
5. The Secretary shall submit this order and Annex A for informal review by the designated standing committees of both houses of the General Assembly, and for informal review and approval by the Independent Regulatory Review Commission.
6. The Secretary shall deposit this order and Annex A with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. Interested persons may submit written comments, an original and 10 copies, to John G. Alford, Secretary, Pennsylvania Public Utility Commission, and shall have 30 days from the date this order is published to submit comments.
7. A copy of this order shall be served upon all persons who submitted comments in this rulemaking proceeding.
JOHN G. ALFORD,
SecretaryStatement of Chairperson John M. Quain
I respectfully dissent from the Motions offered today by my colleagues which delete sections from the Law Bureau's recommendation regarding this rulemaking.
It was my hope that this Commission could have gained some important perspectives by at least publishing these sections for comments. Unfortunately, that input will not be possible at this time.
Many of these recommendations, in fact, were suggested and supported by the Bureau of Consumer Services for the purpose of soliciting comments on whether modifications to our procedures are appropriate.
Statement of Commissioner John Hanger
Most of the proposed changes appropriately eliminate unnecessary or obsolete regulations and should be adopted subject to public comment. These rules reduce unnecessary regulatory expense and give utilities greater flexibility to do their job well. Several of the proposals, however, could make life difficult for those already strenuously attempting to overcome poor health, lack of income or other problems. Such proposals are not consistent with the goals of this rulemaking which is to rescind obsolete or unnecessary regulations. Regulations which retain important consumer protection without unnecessary administrative burdens must be retained. Some other proposed modifications require a great deal of common sense in order to apply them effectively, and comments are encouraged so that the Commission may determine whether changes are in order.
Consequently, while I support most of the proposed rule changes, I specifically reject changes to the following provisions and dissent from any order that may change them:
(1) Section 64.33. Payment of outstanding balances.
The proposed changes to Section 64.33 would permit a LEC to deny service for non-payment of bills that are more than 4 years old. While this section does not change liability for the old bills, it makes no sense to take pressure off the LEC to collect bills in a timely fashion. The 4 year limitation should be retained.
(2) Section 64.61. Authorized suspension of service.
The proposed changes to section 64.61 would permit a LEC to suspend service whenever it determines that an applicant who has received service should have been required to pay a debt that accrued in someone else's name. Commission policy requires that the LEC seek Commission approval of this type of action on a case-by-case basis. Consequently, this proposal should not be entertained in this rulemaking.
The proposed changes regarding the advanced payment of toll and/or nonbasic service and the imposition of credit limits on toll and/or nonbasic service violate section 1509. Therefore, the proposed changes in the following sections should not be addressed in this rulemaking:
1. 64.12. Due date for payment.
2. 64.14. Billing Information.
3. 64.15. Advance payments.
4. 64.32. Credit standards.
5. 64.34. Written procedures. Subsection (3).
6. 64.35. Deposit, advance payment, and credit limits requirements for existing customers.
7. 64.61. Authorized suspension of service. Subsections (10) and (11).
8. 64.71. General notice provisions. Subsection (b) only.
Statement of Commissioner David W. Rolka
I disagree with the proposed inclusion of PTA's recommendation regarding section 64.11. No rationale is offered for including this proposal in the proposed rulemaking or for rejecting the reasoned evaluation of the Bureau of Consumer Services. Given the current language that permits a LEC to refuse further payment by check from a customer whose tendered check was returned for non-sufficient funds, should not the limited notice provision of section 64.81 be invoked when a check that is tendered as part of a payment agreement is returned for non-sufficient funds? If the LEC refused further payments by check, would not the notice be required on a one-time basis? If the check covers basic charges, should a 7 day notice for failure to keep a payment agreement be issued in regard to basic service? I request commenting parties to address these specific questions.
I support the proposed changes to sections 64.31 and 64.63 with some reservation. These proposals contemplate the assignment of the legal obligation to pay a telephone bill to an individual who lives in the dwelling to which service is provided; and who uses and benefits from telephone service, although the individual may not be the customer of record. In certain egregious circumstances this result may be appropriate. However, it should be made clear that this result can only be attained upon a ruling of this Commission or some other formal legal tribunal such as a court. The utility should not be permitted to exercise this level of discretion on its own initiative. Commentators are requested to identify specific standards that should be used to evaluate whether someone other than the billing responsible party may be held legally accountable for accrued charges.
Fiscal Note: 57-170. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 52. PUBLIC UTILITIES
PART I. PUBLIC UTILITY COMMISSION
Subpart C. FIXED SERVICE UTILITIES
CHAPTER 63. TELEPHONE SERVICE
Subchapter B. SERVICE AND FACILITIES § 63.15. Complaint procedures.
(a) Investigations. A public utility shall make a full and prompt investigation of service complaints made to it through the Commission by its customers or third parties. Upon receiving a service complaint from a customer of a utility, the Commission will transmit a summary of the service report to the utility. If a service complaint is resolved, the utility may terminate the investigation by submitting or transmitting a copy of the service order which identified the action taken by the utility to resolve the service complaint. When complaints are referred to the public utility through the Commission, the public utility and the Commission shall work to process and resolve all complaints.
* * * * * § 63.17. [Number of subscribers per line] (Reserved).
[(a) The number of subscribers connected to a multiparty line shall be limited to a maximum of ten before December 19, 1983, and to a maximum of six after December 18, 1983, except for seasonal and temporary connections and circumstances arising from national emergencies.
(b) A public utility may file a petition with the Commission for waiver from the 1-year time limitation found in subsection (a) by setting forth the reasons for the waiver request and the date on which the number of subscribers per line will be limited to six, which date in no event may be later than December 18, 1985.
(c) A public utility may file a petition with the Commission for exemption from the six subscriber per line limitation found in subsection (a), setting forth the circumstances justifying the exemption and other information as requested by the Commission.
(d) Subsections (b) and (c) supplement § 5.43 (relating to petitions for issuance, amendment, waiver or repeal of regulations).]
§ 63.18. Multiparty line subscribers.
A multiparty line subscriber may be required to take service of a different grade if his use of service interferes unreasonably with the necessary service of the other subscribers on the line. The number of subscribers connected to a multiparty line is limited to a maximum of four.
§ 63.21. Directories.
* * * * * (e) [Upon receipt of a written complaint by the public utility that a listing is misleading, deceptive or confusing or where the public utility has reason to believe that the listing will mislead or deceive or confuse the public, the public utility shall investigate the matter permitting the listing-party an opportunity to respond before rendering a decision. If no response is received within 15 days, the public utility shall delete the listing from future issues of the directory. The utility's investigation and decision shall be made within 45 days of receipt of the complaint. After reaching its decision the public utility shall advise interested parties in writing of its opinion and shall inform them of the right to file a complaint with the Commission.] Upon receiving a customer complaint alleging misleading, deceptive or confusing directory listings, a public utility shall investigate the complaint under § 63.15 (relating to complaint procedures). If the utility determines that a directory listing is misleading, deceptive or confusing, it shall delete the listing from future directories.
Subchapter C. ACCOUNTS AND RECORDS § 63.31. Classification of [telephone] public utilities.
[(a)] For accounting and reporting purposes, telephone public utilities are classified as follows:
(1) Class A. [Telephone public] Public utilities having [average annual operating revenues exceeding $100,000] 50,000 or more access lines.
(2) Class B. [Telephone public] Public utilities having [average annual operating revenues exceeding $50,000 but not more than $100,000] less than 50,000 access lines.
* * * * * [(b) Classification of a telephone public utility is determined by its average annual telephone operating revenues for 3 consecutive years. A change in the classification of a utility shall be made when its average annual telephone operating revenues for 3 consecutive years exceed the maximum of its class.]
Subchapter G. PUBLIC COIN TELEPHONE SERVICE § 63.95. Sufficiency of public coin telephone service.
[(a) A local exchange carrier shall maintain the number of public telephones within its service territory which existed on December 31, 1985, except where a local exchange carrier public telephone is replaced by a comparable public telephone. As of January 1, 1986, a local exchange carrier may eliminate a public telephone where it is replaced by a comparable public telephone.
(b) A local exchange carrier or nonpublic utility shall notify the Commission of a plan to remove a public telephone. The notification shall be submitted in writing to the Commission. This notification is not required if the public telephone is replaced by a comparable public telephone.
(c) The Commission may require a local exchange carrier or a nonpublic utility to place or replace a public telephone at a particular location if it is determined that a placement or replacement is in the public interest.]
A local exchange carrier may not remove an existing public coin telephone station except in the following circumstances:
(1) The local exchange carrier's public coin telephone is replaced by a comparable public telephone.
(2) Removal of a public coin telephone is required by a law enforcement agency or other governmental entity.
(3) The local exchange carrier determines that a public coin telephone has insufficient usage to justify its placement, which insufficient usage is caused by one or more competing comparable public telephones.
§ 63.96. Service requirements for coin telephones.
* * * * * (b) [A local exchange carrier or nonpublic utility shall investigate each request from a coin telephone agent or another party for conversion of a coin telephone to one-way outgoing service. If the local exchange carrier or nonpublic utility concludes on the basis of its investigation that the requested conversion is warranted it shall submit a written request to the Commission seeking Commission approval of the conversion. The written request shall specify the reasons for the conversion, location of the telephone to be converted and the identity of the agent of the party who requested the conversion. If the conditions underlying the request are believed to be temporary, the request shall state the anticipated duration of the conditions. The request shall also certify that the notice required by subsection (c) has been posted.] A local exchange carrier, nonpublic utility or other interested party may seek Commission review of whether conversion of a coin telephone from two-way service to one-way is justified by extraordinary circumstances. Conversion requests shall be made in writing and shall identify the telephone number and location of the coin telephone, and describe the circumstances which justify conversion.
(c) [On or before the date the request is sent, the local exchange carrier or nonpublic utility shall post a conspicuous notice on or immediately adjacent to the public telephone advising users of the telephone of the request to convert the telephone to one-way outgoing service. The notice shall state reasons for the request, advise users how to provide comments to the Commission regarding the request, and set forth the date by which comments shall be provided, which date shall be at least 20 days from the date of the request. The notice shall also set forth both a nonpublic utility or a public utility telephone number and the Commission's toll-free Consumer Hot-Line number, and shall advise users that they should call either number if they do not understand the notice or desire further information, and shall call the Consumer Hot-Line number if they wish to provide oral comments.] Upon review of a conversion request, the Commission's Bureau of Consumer Services will determine whether the request is justified within 10 days of receipt of the conversion request unless the information provided by the requesting party is inadequate to make a determination. The Bureau may initially notify the requesting party and the owner of the coin telephone of its determination by telephone. The Bureau will provide the requesting party and the owner of the coin telephone written notice of its determination. The Bureau may limit the duration of the conversion authorization if it appears that the circumstances justifying the conversion are temporary in nature.
(d) [The local exchange carrier, nonpublic utility or other party requesting the conversion, and a person who submits comments regarding the conversion request, shall be deemed parties to the request proceeding.] A party may appeal the Bureau's determination or request that a coin telephone previously approved for one-way conversion be returned to two-way service by filing a formal complaint with the Commission.
(e) [After the 20-day comment period and not later than 45 days from the date of the request, the Commission's Bureau of Consumer Services will issue a written determination of the conversion request setting forth the reasons for its determination. A copy of the determination, together with a notice of appeal rights detailed in this section, will be mailed to the public utility or nonpublic utility and to parties of record to the proceeding. A determination approving a conversion based on a condition expected to be of limited duration shall specify that the public utility or nonpublic utility is required to reconvert the telephone to two-way service upon the termination of the condition.] In instances where a conversion request involves allegations of drug trafficking from a coin telephone or other emergency circumstances pertaining to public health, safety or welfare concerns, the Bureau may telephonically authorize the owner of the coin telephone to convert the telephone to one-way service on the same day the emergency conversion request is received. Following an emergency conversion authorization, the Bureau will review the conversion request under the procedures established in subsection (c).
[(f) A party to a conversion request proceeding who is aggrieved by the staff determination may appeal the determination by filing a formal complaint with the Commission within 20 days of the date the determination is mailed from the Commission. In an appeal from a conversion approval, the timely filing of a formal complaint stays the conversion unless the determination finds that a stay is inappropriate due to exigent circumstances or frivolous complaint.
(g) A formal complaint appealing a staff conversion determination will be heard and decided in the same manner as an appeal of an informal complaint decision under § 64.163 (relating to formal complaint procedures).
(h) A request to reconvert public telephones from one-way outgoing service to two-way service shall initially be made to the local exchange carrier or non-public utility responsible for the public telephone. The local exchange carrier or nonpublic utility shall promptly investigate and decide the requests based upon the standard for conversion in subsection (a). If a reconversion request is denied, the requesting party shall have the right to seek Commission relief under the Commission's informal and formal complaint procedures.]
CHAPTER 64. STANDARDS AND BILLING PRACTICES FOR RESIDENTIAL TELEPHONE SERVICE
Subchapter A. PRELIMINARY PROVISIONS § 64.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Dispute--[A disagreement between an] (i) An applicant, [a] customer, or [a customer's designee and an LEC with respect to the] customer designee's grievance about a utility's application of one or more provisions covered by this chapter [--including], regarding credit determinations, deposit requirements, accuracy of amounts billed [or], and the proper party to be charged, which remains unresolved after the initial contact or utility follow-up response when the applicant, customer or customer's designee consents to the utility reviewing pertinent records or other information and calling back. If, at the conclusion of [an initial inquiry,] the initial contact or utility follow-up response, the applicant, customer or [the] customer's designee [indicates satisfaction] is satisfied with the resulting resolution or explanation, the contact [may] will not be considered a dispute. The term does not include failure to negotiate a mutually satisfactory payment agreement regarding undisputed amounts.
(ii) The term does not apply to any disagreement which arises from one or more of the following:
(A) A matter which is outside the scope of this chapter.
(B) The inability of a customer or the customer's designee and the LEC to enter into a mutually satisfactory payment arrangement.
(C) Billing data provided to the local exchange carrier by an interexchange carrier.
* * * * *
Subchapter B. PAYMENT AND BILLING STANDARDS § 64.11. Method of payment.
Payment may be made in any reasonable manner including payment by personal check, unless the customer within the past year has tendered a check which has been returned unpaid to the local exchange carrier by a financial institution for a reason for which the customer is at fault. When [payment is made by] a tendered personal check [which] is returned unpaid to the LEC by a financial institution for a reason for which the customer is at fault, the LEC may treat the unpaid check as a payment never made by the customer and, if it does so, will not be obligated to halt suspension or termination action based on its receipt of this check from the customer. The LEC also may impose a handling charge, the amount of which shall be set forth in the carrier's approved tariff. Notwithstanding the provisions of this section, the LEC may not proceed with suspension or termination of service based on a disputed billed amount or impose a [No] handling charge [will be imposed] if the customer stops payment on a check due to a good faith billing dispute.
§ 64.12. Due date for payment.
The due date for payment of a monthly bill shall be at least 20 days from the date of mailing by the LEC to the customer except when the LEC has negotiated earlier due date arrangements with the customer.
§ 64.17. Application of [Partial] partial payments.
(a) Payments received by a LEC which are insufficient to pay the balance due for [telephone] basic service, toll service and nonbasic service shall first be applied to [telephone] any balance due for earlier basic service, then to basic service billed during the current billing period, then to toll service before being applied to nonbasic service.
(b) Payments received by [a] an LEC which are insufficient to pay the amount due for [telephone] basic and toll service shall first be applied to any balance due for earlier basic service and then to basic service billed during the current billing period.
* * * * * § 64.18. [Application of partial payments between past and current bills] (Reserved).
[In the absence of written instruction, or a disputed bill or a payment arrangement, payments received by the LEC which are insufficient to pay a balance due both for earlier services and for services billed during the current billing period shall first be applied to the balance due for earlier services, including late payment charges.]
§ 64.21. Separate billing for [nonbasic service, toll service and] basic service.
(a) Charges for [nonbasic service, toll service and] basic service shall be billed separately from charges for other services.
(b) A customer's failure to pay charges for [nonbasic service] other services may not be a basis for termination of basic service unless the LEC is technically unable to terminate toll service without also terminating basic service as provided in § 64.63 (relating to unauthorized suspension of service).
[(c) A customer's failure to pay charges for toll service may not be a basis for termination of basic service unless the LEC is technically unable to terminate toll service without also terminating basic service.]
Subchapter C. CREDIT AND DEPOSIT STANDARDS POLICY § 64.31. Policy statement.
An essential ingredient of the credit and deposit policies of each [local exchange carrier] LEC shall be the equitable and nondiscriminatory application of those precepts to potential and actual customers throughout the service area or a part thereof. Deposit policies shall be based on the credit risk of the applicant or customer rather than upon the credit history of the affected premises or upon the collective credit reputation or experience in the area in which the applicant or customer lives without regard to race, religion, gender, age if over 18, national origin or marital status. An LEC will not be required to furnish its service to an applicant if, at the time of the application, the applicant or a member of applicant's household is indebted, under an undisputed bill, to the LEC for service previously furnished the applicant, or furnished another member of the applicant's household.
§ 64.33. Payment of outstanding balance.
(a) The LEC may require, as a condition for furnishing residential service to an applicant, the payment of an outstanding residential account with the LEC which accrued within the past 4 years, and for which records consistent with the information requirements in § 64.192 (relating to record maintenance) maintained by the LEC for the period covering collection, for which the applicant is legally responsible and for which the applicant was billed properly. However, the outstanding residential account with the LEC may be spread out over a reasonable period of time. Factors to be taken into account shall include, but not be limited to, the size of the unpaid balance, the payment history of the customer, and the length of time over which the bill accumulated.
[(b) A LEC may not require, as a condition for the furnishing of residential service, payment for residential service previously furnished under an account in the name of persons other than the applicant unless a court, district justice or administrative agency has determined that the applicant is legally obligated to pay for the service previously furnished.
(c)] (b) ***
§ 64.34. Written procedures.
Each LEC shall establish written procedures for determining the credit status of an applicant. Each LEC employe processing applications or determining the credit status of an applicant shall be familiar with and have ready access to a copy of the written procedures of the LEC. A copy of the procedures shall be maintained on file in each business office of the LEC and be made available, upon request, for inspection by the public and the Commission.
(1) Informing applicants of procedures. The LEC personnel shall [fully explain] provide a brief explanation of the credit and deposit procedures to each customer or applicant for service.
* * * * * § 64.41. Interest.
Interest rate at the legal rate [of 9% per annum] provided for in section 202 of the act of January 30, 1974 (P. L. 13, No. 6) (41 P. S. § 202) shall be payable on deposits without deductions for taxes thereon unless otherwise provided by law. Interest shall be paid annually to the customer or, at the option of either the LEC or the customer, shall be applied to the customer's bill.
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