§ 63.304. NSP termination process for wholesale customers.
(a) Authorized reasons for a NSP to terminate service. A NSP may terminate service to a wholesale customer for one or more of the following reasons:
(1) Failure of the wholesale customer to pay an undisputed delinquent amount for services necessary to provide customers with local service when that amount remains unpaid for 30 calendar days or more after the date of the bill unless the bill has been disputed in accordance with the provisions in § 63.303(a) or (b) (relating to pretermination provisions).
(2) Failure of the wholesale customer to abide by the terms and conditions of an interconnection or other governing agreement related to the provision of local service that has been approved by the Commission.
(3) Failure of the wholesale customer to comply with the terms of a payment agreement related to the provision of local service.
(4) Failure of the wholesale customer to comply with a Commission order related to the provision of local service.
(b) Unauthorized reasons for a NSP to terminate service. Unless specifically authorized by the Commission, a NSP may not terminate service for the following reasons:
(1) Failure of a wholesale customer to pay a charge unrelated to the provision of local service, for example, a charge for a LSP’s own directory advertising in a NSP’s yellow pages directory.
(2) Failure of a wholesale customer to pay a charge that was not previously billed prior to the due date of the current bill.
(3) Failure of a wholesale customer to pay a charge that is under a payment agreement prior to the date of payment set forth in the agreement.
(4) Failure of a wholesale customer to pay a charge that is at issue in a complaint before the Commission unless termination is specifically authorized by the Commission.
(c) Termination notice provisions.
(1) A NSP shall provide a wholesale customer with a written termination notice at least 45 calendar days prior to the date that the NSP intends to cease providing the service that enables the wholesale customer to serve end-user customers.
(2) A NSP shall send the termination notice by first class mail unless other methods of delivery have been agreed to as part of the interconnection or other governing agreement or are provided for in an applicable tariff.
(3) A NSP shall address the termination notice to the wholesale customer’s designee.
(4) A NSP shall send a copy of the termination notice to the Secretary of the Commission, to the Commission’s Bureau of Consumer Services and the Law Bureau.
(5) A termination notice from a NSP to a wholesale customer shall include the following:
(i) The date of the notification and reason for termination.
(ii) The date services shall be terminated unless payment is received or other mutually acceptable arrangements are made.
(iii) The amount owed, if applicable.
(iv) A contact telephone number and name for the NSP.
(d) Combined default/termination notice provisions. A NSP, when authorized by the provisions of its interconnection or other agreement with a wholesale customer, may provide the wholesale customer with a single notice of default and of termination that specifies that termination shall occur in less than the minimum 75 calendar days provided for in § 63.303 and this section, provided that the termination may not occur in less than the 45-day termination period provided for in subsection (c)(1).
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