Subchapter B. PAYMENT AND BILLING STANDARDS
Sec.
64.11. Method of payment.
64.12. Due date for payment.
64.13. Billing frequency.
64.14. Billing information.
64.15. [Reserved].
64.16. Accrual of late payment charges.
64.17. Partial payments for current bills.
64.18. Application of partial payments between past and current bills.
64.19. Rebilling.
64.20. Transfer of account.
64.21. [Reserved].
64.22. [Reserved].
64.23. Standardizing LEC responses to customer contacts alleging unauthorized charges added to the customer’s bill (cramming) and unauthorized changes to the customer’s long distance carrier (slamming).
64.24. Provision of bundled service packages.§ 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 LEC by a financial institution for a reason for which the customer is at fault. When a tendered personal check is returned unpaid to the LEC by a financial institution for a reason for which the customer is at fault, the LEC may treat such unpaid check as a payment never made by the customer and, if it does so, shall not be obligated to halt suspension or termination action based on its receipt of this check from the customer. The LEC may impose a charge for a returned check as long as the charge is set forth in the LEC’s approved tariff, Product Guide or similar document. Notwithstanding the foregoing provisions, the LEC may not proceed with suspension or termination of service based on a disputed billed amount if the customer stops payment on a check due to a good faith billing dispute.
Authority The provisions of this § 64.11 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301—1325, 1501—1511 and 3019(b)(2) and (3).
Source The provisions of this § 64.11 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 14, 1989, effective July 15, 1989, 19 Pa.B. 3042; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (350861).
Cross References This section cited in 52 Pa. Code § 64.2 (relating to definitions).
§ 64.12. Due date for payment.
The due date for payment of a monthly bill, whether it be a paper bill or an electronic bill generated instead of a paper bill, shall be at least 20 days from the date of mailing or, in the case of an electronic bill, from the date of transmission by the LEC to the customer.
(1) Extension of due date to next business day. If the last day for payment falls on a Saturday, Sunday or bank holiday or another day when the offices of the LEC which regularly receive payments are not open to the general public, the due date shall be extended to the next business day.
(2) Date of payment by mail. For a remittance by mail, one of the following applies:
(i) Payment shall be deemed to have been made on the date of the postmark.
(ii) The LEC may not impose a late payment charge unless payment is received more than 5 days after the due date.
(iii) The LEC may not mail or deliver notice of suspension until at least 5 days after the stated due date.
(3) Date of payment made in person or electronically. The effective date of payment to a branch office or authorized payment agent is the date of actual payment at that location. The effective date of the payment made electronically to the utility is the date the customer made the electronic payment.
(4) Multiple notifications. When a LEC advises a customer by multiple notices or contacts and they contain different due dates, the date on or before which payment is due shall be the latest date contained in the notices listed in this section.
Authority The provisions of this § 64.12 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301—1325, 1501—1511 and 3019(b)(2) and (3).
Source The provisions of this § 64.12 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 14, 1989, effective July 15, 1989, 19 Pa.B. 3042; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (350861) to (350862).
§ 64.13. Billing frequency.
A LEC shall render either a paper bill or an electronic bill once every billing period to customers in accordance with the LEC’s tariff, product guide or similar document.
Authority The provisions of this § 64.13 amended under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 64.13 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (350862).
§ 64.14. Billing information.
(a) Every bill rendered must clearly state the following information:
(1) The date of the bill.
(2) The due date on or before which payment shall be received to avoid an account being considered delinquent.
(3) The beginning and ending dates of the billing period for service, excluding toll usage and equipment.
(4) The amount due for basic service, nonbasic service, and taxes and applicable surcharges, during the current billing period.
(5) An itemized statement of toll charges listing the date, time, destination, duration and rate period for each toll call unless the customer subscribes to an unlimited toll service plan or toll service is included as part of the customer’s bundled service package.
(6) The amounts for security deposits owed by or credited to existing customers. This amount shall be separately stated on each bill if a security deposit remains unpaid.
(7) The total amount of payments and other credits made to the account during the current billing period.
(8) The amount of late payment charges.
(9) The total amount due.
(10) A statement directing the customer to register a question or complaint about the bill prior to the due date, with the address and telephone number where the customer may direct questions or complaints.
(11) A statement that a rate schedule, an explanation of how to verify the accuracy of a bill, and an explanation of the various charges, if applicable, can be obtained by contacting the business office of the LEC.
(b) [Reserved].
(c) [Reserved].
(d) [Reserved].
Authority The provisions of this § 64.14 amended under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 64.14 adopted November 30, 1984, effective January 1, 1985, 15 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended June 25, 2010, effective June 26, 2010, 40 Pa.B. 3499; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (350862) to (350863).
Cross References This section cited in 52 Pa. Code § 64.24 (relating to provision of bundled service packages); and 52 Pa. Code § 69.251 (relating to plain language—statement of policy).
§ 64.15. [Reserved].
Authority The provisions of this § 64.15 deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 64.15 adopted November 30, 1984, effective January 1, 1985, 15 Pa.B. 4354; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (350863).
§ 64.16. Accrual of late payment charges.
(a) A LEC is prohibited from levying or assessing a late payment charge on an overdue bill in an amount which exceeds 1.25% per month on the full unpaid and overdue balance of the bill. These charges are to be calculated only on the overdue portions of the bill. The rate, when annualized, may not exceed 15% per annum—computed by the simple interest method—and may not include previously accrued late payment charges. A late payment charge may not be assessed against an outstanding security deposit.
(b) An additional charge, fixed fee or penalty designed to recover the cost of a subsequent rebilling may not be charged.
Source The provisions of this § 64.16 adopted November 30, 1984, effective January 1, 1985, 15 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial pages (169497) to (169498).
Cross References This section cited in 52 Pa. Code § 64.19 (relating to rebilling); and 52 Pa. Code § 64.171 (relating to duties of parties: undisputed portion of bills; interest on overpayment).
§ 64.17. Partial payments for current bills.
(a) Payments received by an LEC which are insufficient to pay the total amount due for the current bill, when there is no past due balance, shall first be applied to basic service.
(b) This section does not apply when the customer supplies instructions specifying how a partial payment should be applied.
Authority The provisions of this § 64.17 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 64.17 adopted November 30, 1984, effective January 1, 1985, 15 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394; amended June 25, 2010, effective June 26, 2010, 40 Pa.B. 3499. Immediately preceding text appears at serial pages (246493) to (246494).
Cross References This section cited in 52 Pa. Code § 64.24 (relating to provision of bundled service packages).
§ 64.18. Application of partial payments between past and current bills.
In the absence of instructions from a customer, or a disputed bill or a payment arrangement, payments received by the LEC which are insufficient to pay a balance due for both past and current bills shall first be applied to the balance due for past due basic service, then to other past due charges, including late payment charges.
Source The provisions of this § 64.18 adopted November 30, 1984, effective January 1, 1985, 15 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended June 25, 2010, effective June 26, 2010, 40 Pa.B. 3499. Immediately preceding text appears at serial page (246494).
Cross References This section cited in 52 Pa. Code § 64.24 (relating to provision of bundled service packages).
§ 64.19. Rebilling.
(a) Underbilling. A LEC may issue a make-up bill for unbilled services resulting from a billing error accrued within 4 years of the date of the bill under the following conditions:
(1) The LEC shall provide the ratepayer with a written explanation of the reason for the make-up bill and a statement that the customer may spread the payments over a period, as described in paragraph (2).
(2) The payment period may, at the option of the customer, be at least as long as the period during which the excess amount accrued or at least as long as necessary so that the total amount billed in 1 month is not greater than the average amount billed for 1 month plus 50%, whichever period is greater. A late payment charge may not be assessed on unbilled service when payments are made as described in this paragraph.
(b) Overbilling. When an overbilling occurs, the LEC shall credit the customer’s account in the amount of the overbilling, including applicable taxes, for up to 4 years before discovery of the overbilling, unless the customer requests reimbursement in one lump sum. A charge, in the amount stated in § 64.16 (relating to accrual of late payment charges), shall be paid on the overbilled amount where at least 30 days have elapsed between payment of the overbilled amount and the credit or refund thereof.
(c) Rebilling. The LEC shall notify the Commission of rebilling affecting more than 10% of its residential customers within 90 days of the rebilling.
Authority The provisions of this § 64.19 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301—1325 and 1501—1511.
Source The provisions of this § 64.19 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 14, 1989, effective July 15, 1989, 19 Pa.B. 3042; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial pages (169498) to (169499) and (140291).
§ 64.20. Transfer of account.
(a) In the event of termination or discontinuance of service within the last 4 years, the LEC may transfer an outstanding amount due to a new or existing residential service account of the same customer.
(b) In the event of discontinuance of service, the LEC may continue pending termination procedures at a new or existing residential service account of the same customer.
(c) In the event of a termination of service, the LEC may transfer to the account of a third party guarantor an amount not to exceed the limit of the guarantee.
Source The provisions of this § 64.20 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial page (140291).
§ 64.21. [Reserved].
Authority The provisions of this § 64.21 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 64.21 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394; reserved June 25, 2010, effective June 26, 2010, 40 Pa.B. 3499. Immediately preceding text appears at serial page (324555).
§ 64.22. [Reserved].
Authority The provisions of this § 64.22 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 1301—1325 and 1501—1511; deleted under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 64.22 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 14, 1989, effective July 15, 1989, 19 Pa.B. 3042; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7558; deleted August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (350866).
§ 64.23. Standardizing LEC responses to customer contacts alleging unauthorized charges added to the customer’s bill (cramming) and unauthorized changes to the customer’s long distance carrier (slamming).
(a) Cramming. Upon contact from a customer alleging that cramming has occurred on the bill rendered to the customer by the LEC, the LEC shall do the following:
(1) Identify the charges, and clarify that the customer’s complaint is that the customer did not authorize the charges or order or use the services or products associated with the charges.
(2) Inform the customer that the charges will be removed from the LEC bill and that basic local service cannot be disconnected for failure to pay cramming charges.
(3) Inform the customer that the LEC will instruct the billing agent or service provider, or both, to take the steps necessary to prevent further billing of those charges or types of charges to the customer’s account.
(4) Inform the customer that removal of the charges from the LEC bill does not guarantee that the service provider or its billing agent will not use other collection remedies, including direct billing of the removed charges or use of a collection agency.
(5) Provide notice of a customer’s right to pursue a complaint. To customers who indicate a desire to receive complaint disclosure information, the LEC shall provide information about how to pursue the complaint against the service provider or billing agent by contacting the Bureau of Consumer Protection, (800) 441-2555, of the Pennsylvania Office of Attorney General, the Federal Communications Commission (FCC), and the Federal Trade Commission.
(6) Maintain for a minimum of 3 years records of all customer complaints of cramming in order to monitor adherence to the terms of the billing contract the LEC has with the service provider or billing agent, or both, relating to cancellation of the contract for excessive cramming complaints.
(b) Slamming. Upon contact from a customer alleging that slamming has occurred on one or both of the past two bills rendered to the customer by the LEC, regardless of dates of charges, the LEC shall do the following:
(1) Identify the name of the alleged unauthorized service provider, isolate the charge, and clarify that the customer’s complaint is that the customer did not authorize the switch to that particular service provider.
(2) Offer to restore the customer’s account, at no charge, to the service provider the customer had received service from prior to the unauthorized switch, and inform the customer of the option to request that a safeguard be placed on the customer’s account to prevent the LEC from processing a service provider request for a switch without the LEC obtaining express consent from the customer, consistent with FCC rules or procedures for lifting preferred carrier freezes.
(3) Inform the customer that the isolated charges will be removed from the LEC bill.
(4) Inform the customer that the LEC will instruct the service provider or billing agent, or both, to take the steps necessary to prevent further billing to the customer’s account.
(5) Inform the customer that removal of the charges from the LEC bill does not guarantee that the service provider or its billing agent will not use other collection remedies, including direct billing of the charges or use of a collection agency.
(6) Provide notice of a customer’s right to pursue a complaint against the service provider or billing agent and, to customers who indicate a desire to receive complaint disclosure information, information about how to pursue a complaint against the service provider or billing agent, or both, by contacting the FCC, the Commission or the Bureau of Consumer Protection, (800) 441-2555, of the Office of Attorney General.
(7) Maintain for a minimum of 3 years records of all customer allegations of slamming.
Authority The provisions of this § 64.23 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 64.23 adopted February 2, 2001, effective February 3, 2001, 31 Pa.B. 641; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7558. Immediately preceding text appears at serial pages (296548) and (310305) to (310306).
Cross References This section cited in 52 Pa. Code § 63.309 (relating to acquiring LSP provisions and obligations).
§ 64.24. Provision of bundled service packages.
(a) Right to offer bundled services. Nothing in this chapter prohibits an LEC from offering bundled service packages, as defined in § 64.2 (relating to definitions), at a single price selected by the LEC.
(b) Exemption from certain regulations. An LEC that offers a single-rate bundled service package shall be exempt from certain sections of this chapter regarding payment and billing standards. The sections subject to exemption for bundled service packages are:
(1) Section 64.14(a)(4) and (5) (relating to billing information).
(2) Section 64.17 (relating to partial payments for current bills).
(3) Section 64.18 (relating to application of partial payments between past and current bills).
(4) Section 64.63(1) and (2) (relating to unauthorized suspension of service).
(c) Consumer protection requirements. A LEC that is legally obligated to offer any ‘‘protected service’’ under Chapter 30, 66 Pa.C.S. § § 3011—3019, to certain residential customers shall comply with the following requirements when offering any bundled services package that includes basic service to these customers:
(1) Conversion to basic service. A residential customer’s failure to pay the single-rate bundled service package price may not result in immediate suspension or termination of basic service to the residential customer.
(i) When an LEC determines that a bundled service package shall be terminated for nonpayment, the account shall be converted to a basic service account subject to future suspension and termination in accordance with this chapter if the customer fails to make timely payments.
(ii) For an LEC which tracks the basic service portion of a bundled service package, when a customer fails to make payment sufficient to pay the basic service charges in the package, the LEC may suspend and terminate basic service for nonpayment in accordance with this chapter.
(2) Disclosure statement. An LEC shall send a disclosure statement to new bundled service package customers that:
(i) Notifies the customer of the LEC’s billing practices that shall be implemented in the event of the customer’s failure to pay the bundled service package charge in full.
(ii) Notifies the customer that failure to pay the bundled service package charge may not result in immediate suspension of basic service.
Authority The provisions of this § 64.24 amended under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 64.24 adopted June 25, 2010, effective June 26, 2010, 40 Pa.B. 3499; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (350868) to (350869).
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