[26 Pa.B. 2810]
[Continued from previous Web Page]
Subchapter E. SUSPENSION OF SERVICE
GROUNDS FOR SUSPENSION § 64.61. Authorized suspension of service.
Telephone service to a dwelling may be suspended for any of the following reasons:
* * * * * (9) Unpaid indebtedness for telephone service rendered to a previous customer who occupied the premises and continues to occupy the premises.
§ 64.63. Unauthorized suspension of service.
Unless expressly and specifically authorized by the Commission, basic service may not be suspended and a suspension notice may not be sent for any of the following reasons:
* * * * * (7) [Nonpayment for residential service already furnished in the name of persons other than the customer unless a court, district justice, or administrative agency has determined that the customer is legally obligated to pay for the service previously furnished. This paragraph may not affect the creditor's rights and remedies of the LEC otherwise permitted by law.] Nonpayment for services rendered to a previous customer who occupied the premises unless the customer continues to occupy the premises.
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NOTICE PROCEDURES PRIOR TO SUSPENSION § 64.71. General notice provisions.
(a) The LEC shall mail or deliver written notice to the customer at least 7 days before the date of proposed suspension regardless of the grounds upon which suspension is sought.
(b) An exception to subsection (a) is made for failure to comply with the material terms of a payment agreement for toll or nonbasic, or both, service. In these cases, the LEC shall comply with § 64.81 (relating to limited notice upon noncompliance with report or order).
§ 64.74. Procedures upon customer contact before suspension.
* * * * * (b) The LEC, through its employes, shall exercise good faith and fair judgment in attempting to enter into a reasonable payment agreement regarding undisputed amounts or to otherwise equitably resolve the matter. Factors to be taken into account when attempting to make a reasonable payment agreement 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. If the customer breaches a payment agreement for toll or nonbasic, or both, service, the LEC may suspend the toll or nonbasic, or both, service after complying with § 64.81 (relating to limited notice upon noncompliance with report or order). At the time a payment agreement is entered into, the LEC shall explain to the customer the consequences of breaching the payment agreement, including the possible suspen-sion of toll or nonbasic, or both, service without further written notice. The LEC may not suspend service for an undisputed delinquent bill under either of the following circumstances:
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NOTICE PROCEDURES AFTER DISPUTE FILED § 64.81. Limited notice upon noncompliance with report or order.
Upon the customer's failure to timely appeal from or comply with [a] an LEC report as defined in § 64.142 (relating to contents of the LEC report), an informal complaint report [or], an order from a formal complaint, or a payment agreement negotiated for toll or nonbasic, or both, service, the original grounds for suspension shall be revived and the LEC may not be required to give further written notice before suspension if the telephone company makes a reasonable attempt to contact the customer personally at least 24 hours before suspension.
EMERGENCY PROVISIONS § 64.108. Right of LEC to petition the Commission.
(a) To completely suspend service before the expiration of the medical certification, except where allowed according to § 64.109 (relating to suspension prior to expiration of medical certification) [a] an LEC may petition the Commission for waiver from the medical certification procedures to contest the validity of a certification.
* * * * * § 64.109. Suspension prior to expiration of medical certification.
A telephone company may suspend service prior to the expiration of the medical certification when the customer fails to make timely payments for service provided by the LEC after the date on which service is restored or suspension postponed. The company shall follow notice procedure prior to suspension according to §§ 64.71--64.74.
Subchapter G. DISPUTES; INFORMAL AND FORMAL COMPLAINTS
GENERAL PROVISIONS § 64.133. Termination stayed.
Except as otherwise provided in this chapter, where a dispute is properly registered in accordance with this subchapter, suspension or termination based on disputed portions of the bill is prohibited until resolution of the dispute [; however,]. However, the disputing party shall pay, or enter into a reasonable payment agreement on, all undisputed portions of the bill[.]; if the disputing party does not do so, the LEC may suspend or terminate service based on the nonpayment, if the suspension or termination is otherwise permitted under this chapter.
TELEPHONE COMPANY DISPUTE PROCEDURES § 64.141. General rule.
If, at any time before suspension or termination of service, a customer registers a dispute, the LEC shall do the following:
* * * * * (5) Within 30 days of the registration of the dispute, review findings with the customer in a manner which outlines clearly the results of the investigation and which indicates what action will be necessary for the customer to continue service. The findings shall be [included in a written summary and shall be sent to the customer and the Commission upon request, or if deemed necessary by the LEC] summarized in a report as follows:
(i) If the complainant is not satisfied with the dispute resolution, the LEC report shall be in writing and conform to § 64.142 (relating to contents of the LEC report). Further, in these instances, the written report shall be sent to the complaining party if requested, or if deemed necessary by the LEC. The written report shall also be sent to the Commission upon request.
(ii) If the complaining party is satisfied with the orally conveyed dispute resolution, the written LEC report may be limited to the information at § 64.142(1), (2), and, when applicable, § 64.142(7).
(iii) If the complaining party expresses satisfaction but requests a written report, the report shall conform with § 64.142, in its entirety.
§ 64.142. Contents of [written summary by] the LEC report.
[Each written summary of a dispute, whether conveyed orally or in writing to the customer,] An LEC report shall include the following:
* * * * * (6) A complete explanation of procedures for filing an informal complaint with the Commission [including] see § 64.152 (relating to informal complaint filing procedures). If a written report is not requested by the complaining party or deemed necessary by the LEC, the LEC shall provide the information at § 64.152(a)(1)--(3) and (6). In addition, the LEC should always provide the telephone number and address of the [nearest regional] office of the Commission where the informal complaint may be filed.
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INFORMAL COMPLAINT PROCEDURES § 64.153. Commission informal complaint procedures.
(a) The timely filing of an informal complaint acts as a limited stay and the LEC may not suspend or terminate service [pending resolution of the informal complaint] based on the complaining party's nonpayment of a billed amount which is contested in the informal complaint until the complaint is resolved. The LEC may not suspend or terminate service based on the complaining party's nonpayment of additional billed amounts that reflect the same underlying problem as the billed amounts contested in the informal complaint. This limited stay does not prevent the LEC from suspending or terminating service based on the complaining party's nonpayment of other billed amounts, where the suspension or termination is otherwise permitted under this chapter.
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FORMAL COMPLAINTS § 64.161. General rule.
* * * * * (b) The timely filing of a formal complaint acts as a limited stay and the LEC [shall] may not suspend or terminate service [pending resolution of the formal complaint] based on the complaining party's nonpayment of any billed amount which is contested in the formal complaint until the complaint is resolved. This limited stay does not prevent the LEC from suspending or terminating service based on the complaining party's nonpayment of other billed amounts, if the suspension or termination is otherwise permitted under this chapter, and if the suspension or termination is preceded by the required notification.
Subchapter I. PUBLIC INFORMATION; RECORD MAINTENANCE § 64.191. Public information.
(a) LEC service representatives shall provide applicants who apply for residential telephone service in person with a concise, easy-to-understand[,] and printed price list showing all available service and equipment options. The price of basic, plain rotary dial telephone service shall be clearly and conspicuously displayed on the list. If an applicant applies for service by telephone, the applicant shall be given a verbal recitation first of [all available] the choices available for basic service [and equipment options and their prices. The price of basic, plain rotary dial telephone service shall be recited first. If an applicant applies], including installation (payment options, access line), dial tone line charge (available local calling plans), touch tone (explanation identifying it as optional), directory listing options, available blocking options (900, 976, collect call), and, if applicable, services for customers with disabilities. Second, the applicant shall be given an explanation of choices for toll service that would include choice of carrier and choice of calling cards. The LEC shall then inform the applicant of the date that service will be installed and working, and then ask if the LEC may present other optional services that the applicant might be interested in purchasing. At the conclusion of an application for telephone service by telephone, the LEC service representative shall tell the applicant that a written price list of available service and equipment options will be mailed to the applicant upon request. Applicants for residential telephone service shall be informed that, instead of leasing a telephone, they have the option to purchase a telephone and that, if they do so, their monthly bill will not include a rental charge. Applicants shall be quoted the basic monthly charge for the service and equipment they select, with and without the lease of a telephone.
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[Pa.B. Doc. No. 96-961. Filed for public inspection June 14, 1996, 9:00 a.m.]
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