Texas Register
. Interested persons may obtain a
redlined copy of the modified graphics from the commission's Central Records
or web page at www.puc.state.tx.us. A description of the modifications to
the existing graphics is as follows:
1. The graphic that provides the language for a Letter of Agency in existing §26.130(d)(3)(A)
has been moved to proposed subsection (e)(3)(A), as a result of adding proposed
new subsection (c) regarding the definition for "customer". The Letter of
Agency language has also been modified to require that an individual legally
authorized to act for a customer state their relationship to that customer;
to clarify existing language; and to delete unnecessary language.
2. The graphic in §26.130(g)(3) has been modified to delete the language
that required the slamming telephone company to return a customer to the original
telephone company within three business days, as only the customer may request
return to the original telephone company. Other modifications clarify intent
and delete unnecessary language.
3. The graphics in subsection (j)(12), (13) and (14) are new graphics proposed
for this section.
Ms. Jo Alene Kirkel, Director of Enforcement, Office of Customer Protection,
has determined that for each year of the first five-year period the proposed
section is in effect there will be no fiscal implications for state or local
government as a result of enforcing or administering the section.
Ms. Kirkel has determined that for each year of the first five years the
proposed section is in effect the public benefit anticipated as a result of
enforcing the section will be the establishment of rights and responsibilities
for both telecommunications utilities and customers regarding customer choice
in the selection of local and long distance telecommunications providers.
There will be no effect on small businesses or micro-businesses as a result
of enforcing this section. There may be anticipated economic cost to persons
who are required to comply with the section as proposed.
Ms. Kirkel has also determined that for each year of the first five years
the proposed section is in effect there should be no effect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act §2001.022.
The commission staff will conduct a public hearing on this rulemaking under
Government Code §2001.029 at the commission's offices, located in the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701,
on Tuesday, April 11, 2000, at 9:30 a.m.
Comments on the proposed amendment (16 copies) may be submitted to the
Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue,
PO Box 13326, Austin, Texas 78711-3326, within 30 days after publication.
Reply comments may be submitted within 45 days after publication. The commission
invites specific comments regarding the costs associated with, and benefits
that will be gained by, implementation of the proposed amendment. The commission
will consider the costs and benefits in deciding whether to revise the proposed
amendment or adopt the proposed amendment as published. All comments should
refer to Project Number 21419.
This amendment is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1999 Supp) (PURA),
which provides the Public Utility Commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction,
and under PURA §§55.301 - 55.308 which require the commission to
adopt and enforce rules to implement the provisions of PURA Chapter 55, Subchapter
K, Selection of Telecommunications Utilities.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002
and 55.301 - 55.308.
§26.130.Selection of Telecommunications Utilities.
(a) - (b)
(No change.)
(c)
Definition. The term "customer" when used
in this section, shall mean any person in whose name telephone service is
billed, including individuals, governmental units at all levels of government,
corporate entities, and any other entity with legal capacity to be billed
for telephone service.
(d)
[
(c)
] Changes [
initiated
]
by a telecommunications utility. Before a [
carrier- initiated
]
change order is processed, the telecommunications utility initiating the change
(the prospective telecommunications utility) must obtain verification from
the customer that such change is desired for each affected telephone line(s)
and ensure that such verification is obtained in accordance with 47 Code of
Federal Regulations §64.1100. In the case of a [
carrier-initiated
]change by written solicitation, the prospective telecommunications
utility must obtain verification as specified in 47 Code of Federal Regulations §64.1150,
and
subsection (e)
[
subsection (d)
]of this section,
relating to Letters of Agency. The prospective telecommunications utility
must maintain records of all [
carrier-initiated
]changes, including
verifications, for a period of
24
[
12
] months and shall
provide such records to the customer, if
the
[
such
]
customer challenges the change, and to the commission staff if it so requests.
A [
carrier-initiated
] change order must be verified by one of
the
following
methods
:
[
set out in paragraphs (1)-(4)
of this subsection.
]
(1)
[
Verification may be obtained by
]
Written
[
written
] authorization from the customer in a form that
meets the requirements of
subsection (e)
[
subsection (d)
]
of this section.
(2)
[
Verification may be obtained by
]
Electronic
[
electronic
] authorization placed from the telephone
number
[
number(s)
] which is [
(are)
] the subject
of the change
order
[
order(s)
] except in exchanges where
automatic recording of the
automatic number identification (ANI)
[
ANI
] from the local switching system is not technically possible
.
[
; however, if verification is obtained by electronic authorization,
]
The
[
the
] prospective telecommunications utility
must:
(A)
ensure that the electronic authorization confirms the information
described in
subsection (e)(3)
[
subsection (d)(3)
] of
this section; and
(B)
establish one or more toll-free telephone numbers exclusively
for the purpose of verifying the change
so that a customer calling
[
whereby calls to
] the toll-free number(s) will
reach
[
connect the customer to
] a voice response unit or similar mechanism
that records the required information regarding the change
and
[
, including
] automatically
records
[
recording
]
the ANI from the local switching system.
(3)
[
Verification may be obtained by the customer's
]
Oral
[
oral
] authorization
by the customer
for
[
to submit
]the change[
order
], given to an
appropriately qualified and independent third party [
operating in a location
physically separate from the marketing representative,
] that confirms
[
and includes
] appropriate verification data
such as
[
(e.g.,
] the customer's date of birth or mother's maiden name[
)
].
The verification must be electronically recorded on audio tape.
The recording shall include clear and conspicuous confirmation that the customer
authorized the change in telephone service provider. The independent third
party shall:
(A)
not be owned, managed, or directly controlled
by the telecommunications utility or the telecommunications utility's marketing
agent;
(B)
not have financial incentive to confirm
change orders; and
(C)
operate in a location physically separate
from the telecommunications utility or the telecommunications utility's marketing
agent.
[
(4)
Verification may
be obtained by sending each new customer an information package via first
class mail within three business days of a customer's request for a telecommunications
utility change provided that such verification meets the requirements of subparagraph
(A) of this paragraph and the customer does not cancel service after receiving
the notification pursuant to subparagraph (B) of this paragraph.]
[
(A)
The information package must contain at least
the information and material as specified in 47 Code of Federal Regulations §64.1100(d)
and this subparagraph which includes:]
[
(i)
a statement that the information is being sent
to confirm a telemarketing order placed by the customer within the previous
week;]
[
(ii)
the name of the customer's current provider
of the service that will be provided by the newly requested telecommunications
utility;]
[
(iii)
the name of the newly requested telecommunications
utility;]
[
(iv)
the type of service(s) that will be provided
by the newly requested telecommunications utility]
[
(v)
a description of any terms, conditions, or
charges that will be incurred;]
[
(vi)
the statement, "I understand that I must pay
a charge of approximately $ (industry average charge) to switch providers.
If I later wish to return to my current telephone company, I may be required
to pay a reconnection charge to that company. I also understand that my new
telephone company may have different calling areas, rates and charges than
my current telephone company, and by not canceling this change order within
14 days of the date that this information package was mailed to me I indicate
that I understand those differences (if any) and am willing to be billed accordingly;]
[
(vii)
the telephone numbers that will be switched
to the newly requested telecommunications utility;]
[
(viii)
the name of the person ordering the change;]
[
(ix)
the name, address, and telephone number of
both the customer and the newly requested telecommunications utility;]
[
(x)
a postpaid postcard which the customer can
use to deny, cancel or confirm a service order;]
[
(xi)
a clear statement that if the customer does
not return the postcard the customer's telecommuiations utility will be switched
to the newly requested telecommunications utility within 14 days after the
date the information package was mailed by (the name of the newly requested
telecommunications utility); and]
[
(xii)
the statement, "Complaints about telephone
service and unauthorized changes in a customer's telephone service provider
("slamming") are investigated by the Public Utility Commission of Texas. If
a telephone company "slams" you and fails to resolve your request to be returned
to your original telephone company as required by law, or if you would like
to know the complaint history for a particular telephone company, please write
or call the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas
78711-3326, (512) 936-7120, or toll-free within Texas at 1 (888) 782-8477.
Hearing and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936 7136."]
[
(B)
The customer does not cancel the requested
change within 14 days after the information package is mailed to the customer
by the prospective telecommunications utility.]
(e)
[
(d)
] Letters of Agency (LOA).
A
[
If a telecommunications utility obtains
]written authorization
from a customer for a change of telecommunications utility [
as specified
in subsection (c)(1) of this section, it
]shall use a letter of agency
(LOA) as specified
in paragraph (3) of this subsection:
[
in
this subsection.
]
(1)
The LOA shall be a separate or easily separable document
containing only the authorizing language described in paragraph (3) of this
subsection for the sole purpose of authorizing the telecommunications utility
to initiate a telecommunications utility change. The LOA must be signed and
dated by the customer [
of the telephone line(s)
]requesting the
telecommunications utility change.
(2)
The LOA shall not be combined with inducements of
any kind on the same document
,
[
;
] except that the LOA
may be combined with a check
as specified in subparagraph (B) of this
paragraph:
[
if the LOA and the check meet the requirements of subparagraphs
(A)-(B) of this paragraph.
]
(A)
An LOA combined with a check may contain only the language
set out in paragraph (3) of this subsection, and the necessary information
to make the check a negotiable instrument.
(B)
An LOA
[
A check
]combined with
a
[
an
]
check
[
LOA
] shall not contain
any promotional language or material but shall contain[
,
] on the
front [
of the check
]and [
on the
]back of the check
in easily readable, bold-faced type[
, type
] near the signature
line, the following notice: "By signing this check, I am authorizing (name
of the telecommunications utility) to be my new telephone service provider
for (the type of service that [
the telecommunications utility
]will
be
provided
[
providing
]).
"
(3)
LOA language.
(A)
The LOA must be printed clearly and legibly and use only
the following language:
[
Figure: 16 TAC §26.130(d)(3)(A).
]
Figure: 16 TAC §26.130(e)(3)(A).
(B)
In the LOA set out by subparagraph (A) of this paragraph,
the telecommunications utility seeking authorization shall replace, in bold
type, the words:
(i)
"(new telecommunications utility)[
,
]" with its
corporate name;
(ii)
"(type of service(s) that will be provided[
by the
new telecommunications utility),
]" with the type of service(s) that
[
it
] will be
provided
[
providing
] to the customer;
and
(iii)
"I must pay a charge of approximately $ (industry average
charge)" with the text, "there is no charge" only if there is no charge of
any kind to the customer for the switchover.
(4)
The LOA shall not [
suggest or
]require
that a customer take some action in order to retain the customer's current
telecommunications utility.
(5)
If any portion of
an
[
a
]LOA
is translated into another language, then all portions [
of the LOA
]must
be translated[
into that language
].
The
[
Every
]LOA must be translated into the same language as [
any
]promotional
materials, oral descriptions or instructions provided with the LOA.
[
(e)
Changes initiated by a customer.
In the case of a customer-initiated change of telecommunications utility,
the telecommunications utility to which the customer has changed his service
shall maintain a record of nonpublic customer specific information that may
be used to establish that the customer authorized the change. Such information
is to be maintained by the telecommunications utility for at least 12 months
after the change and will be used to establish verification of the customer's
authorization. This information shall be treated in accordance with the Federal
Communications Commission (FCC) rules and regulations relating to customer-specific
customer proprietary network information, and shall be made available to the
customer and/or the commission staff upon request.]
(f)
Unauthorized changes.
(1)
Responsibilities of the telecommunications utility that
initiated the change. If a customer's telecommunications utility is changed
without verification
[
and the change was not made or verified
]
consistent with this section, the telecommunications utility that initiated
the unauthorized change shall:
[
(A)
return the customer to the
telecommunications utility from which the customer was changed (the original
telecommunications utility) where technically feasible, and if not technically
feasible, take all action within the utility's control to return the customer
to the original utility, including requesting reconnection to the original
telecommunications utility from a telecommunications utility that can execute
the reversal, within three business days of the customer's request;]
(A)
[
(B)
] pay all [
usual and customary
]charges associated with returning the customer to the original telecommunications
utility within five business days of the customer's request;
(B)
[
(C)
] provide all billing records
to the original telecommunications utility [
that are
]related to
the unauthorized
change
[
provision
] of services [
to the customer
]within
ten
[
10
] business days
of the customer's request[
to return the customer to the original telecommunications
utility
];
(C)
[
(D)
] pay the original telecommunications
utility any amount paid to it by the customer that would have been paid to
the original telecommunications utility if the unauthorized change had not
occurred, within 30 business days of the customer's request[
to return
the customer to the original telecommunications utility
]; and
(D)
Return to the customer within
30 business days of the customer's request:
(i)
any amount paid by the customer for charges
incurred during the first 30 days after the date of an unauthorized change;
and
(ii)
any amount paid by the customer after the first
30 days in excess of the charges that would have been charged if the unauthorized
change had not occurred.
[
(E)
return to the customer any
amount paid by the customer in excess of the charges that would have been
imposed for identical services by the original telecommunications utility
if the unauthorized change had not occurred, within 30 business days of the
customer's request to return the customer to the original telecommunications
utility.]
(2)
Responsibilities of the original telecommunications
utility. The original telecommunications utility [
from which the customer
was changed
]shall:
(A)
inform
[
provide
] the telecommunications
utility that initiated the unauthorized change
of
[
with
]
the amount that would have been
charged
[
imposed
] for
identical services [
by the original telecommunications utility
]if
the unauthorized change had not occurred, within
ten
[
10
]
business days of the receipt of the billing records required under
paragraph
(1)(B)
[
paragraph (1)(C)
]of this subsection;
(B)
provide to the customer all benefits associated with the
service
[
service(s) (e.g.
],
such as
frequent flyer
miles[
)
] that would have been awarded had the unauthorized change
not occurred, on
receiving
[
receipt of
] payment for
service
[
service(s)
] provided during the unauthorized change;
and
(C)
maintain a record
of
[
related to
]
customers that experienced an unauthorized change in telecommunications utilities
that contains:
(i)
(No change.)
(ii)
the telephone number(s) [
that were
]affected
by the unauthorized change;
(iii)
the date the customer
asked
[
requested
that
] the telecommunications utility that
made
[
initiated
] the unauthorized change
to
return the customer to the original
telecommunications utility
[
carrier;
] and
(iv)
(No change.)
(g)
Notice of customer rights.
(1)
Each telecommunications utility shall make available to
its customers the notice set out in paragraph (3) of this subsection[
in both English and Spanish as necessary to adequately inform the customer;
however, the commission may exempt a telecommunications utility from the requirement
that the information be provided in Spanish upon application and a showing
that 10% or fewer of its customers are exclusively Spanish-speaking, and that
the telecommunications utility will notify all customers through a statement
in both English and Spanish, in the notice, that the information is available
in Spanish from the telecommunications utility, both by mail and at the utility's
offices
].
(2)
Each notice provided
under
[
as set
out in
] paragraph (4)(A) of this subsection shall [
also
]contain
the name, address and telephone numbers where a customer can contact the telecommunications
utility.
(3)
Customer notice. The notice shall state:
Figure: 16 TAC §26.130(g)(3).
(4)
Language, distribution
[
Distribution
] and timing of notice.
(A)
Telecommunications utilities shall send the notice to new
customers at the time service is initiated, and upon customer request.
(B)
Each telecommunications utility shall print the notice
in the white pages of its telephone directories, beginning with the first
publication of such directories
after
[
subsequent to
]
the effective date of this section
.
[
; thereafter,
]
The
[
the
] notice must appear in the white pages of each telephone
directory published
thereafter
[
for the telecommunications
utility
]. The notice that appears in the directory is not required to
list the information contained in paragraph (2) of this subsection.
(C)
The notice shall be in both
English and Spanish as necessary to adequately inform the customer. The commission
may exempt a telecommunications utility from the Spanish requirement if the
telecommunications utility shows that 10% or fewer of its customers are exclusively
Spanish-speaking, and that the telecommunications utility will notify all
customers through a statement in both English and Spanish that the information
is available in Spanish by mail from the telecommunications utility or at
the utility's offices.
(h)
Compliance and enforcement.
(1)
Records of customer verifications
and unauthorized
changes
. A telecommunications utility shall provide a copy of records
maintained under the requirements of
subsections (d), (e), and (f)(2)(C)
[
subsections (c) - (e)
] of this section to the commission
staff upon request.
[
(2)
Records of unauthorized changes.
A telecommunications utility shall provide a copy of records maintained under
the requirements of subsection (f)(2)(C) of this section to the commission
staff upon request.
]
(2)
[
(3)
] Administrative penalties.
If the commission finds that a telecommunications utility
is
[
has repeatedly engaged
] in
violation
[
violations
]
of this section, the commission shall order the utility to take corrective
action as necessary, and the utility may be subject to administrative penalties
pursuant to
the Public Utility Regulatory Act (PURA)
[
PURA
] §15.023 and §15.024. [
For purposes of §15.024(b)
and (c), there shall be a rebuttable presumption that a single incident of
an unauthorized change in a customer's telecommunications utility ("slamming")
is not accidental or inadvertent if subsequent incidents of slamming by the
same utility occur within 30 days of when the incident is reported to the
commission, or during the 30-day cure period. Any proceeds from administrative
penalties that are collected under this section shall be used to fund enforcement
of this section.]
(3)
[
(4)
] Certificate revocation.
If the commission finds that a telecommunications utility is repeatedly and
recklessly in violation of this section, and if consistent with the public
interest, the commission may suspend, restrict,
deny,
or revoke
the registration or certificate
, including an amended certificate,
of the telecommunications utility, thereby denying the telecommunications
utility the right to provide service in this state.[
For purposes of
this section, a single incident of slamming may be deemed reckless if subsequent
incidents of slamming by the same telecommunications utility occur during
the 30-day grace period after an incident of slamming is reported to the commission
regarding the initial incident.
]
(i)
Notice of identity of a customer's telecommunications utility.
Any bill for telecommunications services must contain the
following
information [
contained in paragraphs (1)-(4) of this subsection
]in
easily-read
[
legible
], bold type in each bill
sent to a customer. Where charges for multiple lines are included in a single
bill,
this
[
the
] information [
contained in paragraphs
(1)-(3) of this subsection
]must
appear
[
be contained
] on the first page of the bill
if
[
to the extent
]
possible
or
[
. Any information that cannot be located on the
first page must be
] displayed prominently elsewhere in the bill
:
[
.
]
(1)
[
If a bill is for local exchange service,
]
The
[
the
] name and telephone number of the telecommunications
utility [
that is
]providing local exchange service
if the
bill is for local exchange service
[
directly to the customer.
]
(2)
[
If the bill is for interexchange services,
]
The
[
the
] name and telephone number of the primary
interexchange carrier
if the bill is for interexchange service
.
(3)
The name and telephone number of the local exchange
and interexchange providers if the local exchange provider is billing for
the interexchange carrier.
[
In such cases where the telecommunications
utility providing local exchange service also provides billing services for
a primary interexchange carrier, the first page of the combined bill shall
identify both the local exchange and interexchange providers, as required
by paragraphs (1) and (2) of this subsection; however,
]
The
[
the
] commission may, for good cause, waive this requirement in exchanges
served by incumbent local exchange companies serving 31,000 access lines or
less.
(4)
A statement
urging customers who believe they
have been slammed to contact the
[
, prominently located in the bill,
that if the customer believes that the local exchange provider or the interexchange
carrier named in the bill is not the customer's chosen interexchange carrier,
that the customer may contact:
] Public Utility Commission -of Texas,
Office of Customer Protection, P
.
O
.
Box 13326, Austin,
Texas 78711-3326, (512) 936-7120 or in Texas (toll-free) 1 (888) 782-8477
, fax: (512) 936-7003, e-mail address: customer@puc.state.tx.us
. Hearing
and speech-impaired individuals with text telephones (TTY) may contact the
commission at (512) 936-7136.
(j)
Preferred telecommunications
utility freezes.
(1)
Purpose. A preferred telecommunications utility
freeze ("freeze") prevents a change in a customer's preferred telecommunications
utility selection unless the customer gives consent to the local exchange
company that implemented the freeze.
(2)
Nondiscrimination. All local exchange companies
shall offer freezes on a nondiscriminatory basis to all customers regardless
of the customer's telecommunications utility selection except for local telephone
service.
(3)
Type of service. Customer information on
freezes shall clearly distinguish between intraLATA and interLATA telecommunications
services. The local exchange company offering a freeze shall obtain separate
authorization for each service for which a freeze is requested.
(4)
Freeze information. All information provided
by a telecommunications utility about freezes shall have the sole purpose
of educating customers and providing information in a neutral way to allow
the customer to make an informed decision, and shall not market or induce
the customer to request a freeze. A telecommunications utility shall not provide
information about freezes, unless requested by the customer, during the process
of signing up a customer for service. The freeze information provided to customers
shall include:
(A)
a clear, neutral explanation of what a freeze
is and what services are subject to a freeze;
(B)
instructions on lifting a freeze that make it
clear that these steps are in addition to required verification for a change
in preferred telecommunications utility;
(C)
an explanation that the customer will be unable
to make a change in telecommunications utility selection unless the customer
lifts the freeze; and
(D)
a statement that there is no charge to the customer
to impose or lift a freeze.
(5)
Freeze verification. A local exchange
company shall not implement a freeze unless the customer's request is verified
using one of the following procedures:
(A)
A written and signed authorization that meets
the requirements of paragraph (6) of this subsection.
(B)
An electronic authorization placed from the
telephone number on which a freeze is to be imposed. The electronic authorization
shall confirm appropriate verification data such as the customer's date of
birth or mother's maiden name and the information required in paragraph (6)(G)
of this subsection. The local exchange company shall establish one or more
toll-free telephone numbers exclusively for this purpose. Calls to the number(s)
will connect the customer to a voice response unit or similar mechanism that
records the information including the originating ANI.
(C)
An appropriately qualified independent third
party obtains the customer's oral authorization to submit the freeze and confirms
appropriate verification data such as the customer's date of birth or mother's
maiden name and the information required in paragraph (6)(G) of this subsection.
This shall include clear and conspicuous confirmation that the customer authorized
a freeze. The independent third party shall:
(i)
not be owned, managed, or directly controlled
by the local exchange company or the local exchange company's marketing agent;
(ii)
not have financial incentive to confirm freeze
requests; and
(iii)
operate in a location physically separate
from the local exchange company or its marketing agent.
(6)
Written authorization. A written
freeze authorization shall:
(A)
be a separate or easily separable document with
the sole purpose of imposing a freeze;
(B)
be signed and dated by the customer;
(C)
not be combined with inducements of any kind;
(D)
be completely translated into another language
if any portion is translated;
(E)
be translated into the same language as any
educational materials, oral descriptions, or instructions provided with the
written freeze authorization;
(F)
be printed with readable type of sufficient
size to be clearly legible; and
(G)
contain clear and unambiguous language that
confirms:
(i)
the customer's name, address, and telephone
number(s) to be covered by the freeze;
(ii)
the decision to impose a freeze on the telephone
number(s) and the particular service with a separate statement for each service
to be frozen;
(iii)
that the customer understands that a change
in telecommunications utility cannot be made unless the customer lifts the
freeze; and
(iv)
that the customer understands that there is
no charge for imposing or lifting a freeze.
(7)
Lifting freezes. A local exchange
company that executes a freeze request shall allow customers to lift a freeze
by:
(A)
written and signed authorization stating the
customer's intent to lift a freeze;
(B)
oral authorization stating an intent to lift
a freeze confirmed by the local exchange company with appropriate confirmation
verification data such as the customer's date of birth or mother's maiden
name; or
(C)
a three-way conference call with the local exchange
company, the telecommunications utility that will provide the service, and
the customer.
(8)
No customer charge. The customer shall
not be charged for imposing or lifting a freeze.
(9)
Local service freeze prohibition. A local
exchange company shall not impose a freeze on local telephone service.
(10)
Marketing prohibition. A local exchange
company shall not engage in any marketing of its services during the process
of implementing or lifting a freeze.
(11)
Freeze records retention. A local exchange
company shall maintain records of all freezes and verifications for a period
of 24 months and shall provide these records to customers and to the commission
staff upon request.
(12)
Suggested freeze information language.
Telecommunications utilities that inform customers about freezes may use the
following language. Other versions may be used, but shall comply with all
of the requirements of paragraph (4) of this subsection.
Figure: 16 TAC §26.130(j)(12).
(13)
Suggested freeze authorization form. The
following form is recommended for written authorization from a customer requesting
a freeze. Other versions may be used, but shall comply with all of the requirements
of paragraph (6) of this subsection.
Figure: 16 TAC §26.130(j)(13).
(14)
Suggested freeze lift form. The following
form is recommended for written authorization to lift a freeze. Other versions
may be used, but shall comply with all of the requirements of paragraph (7)
of this subsection.
Figure: 16 TAC §26.130(j)(14).
(k)
Transferring customers from
one telecommunications utility to another.
(1)
Any telecommunications utility that will acquire
customers from another telecommunications utility that will no longer provide
service due to acquisition, merger, bankruptcy or any other reason, shall
provide notice to every affected customer. The notice shall be in a billing
insert or separate mailing at least 30 days prior to the transfer of any customer
and shall:
(A)
identify the current and acquiring telecommunications
utilities;
(B)
explain why the customer will not be able to
remain with the current telecommunications utility;
(C)
explain that the customer has a choice of selecting
a service provider and may select the acquiring telecommunications utility
or any other telecommunications utility;
(D)
explain that if the customer wants another telecommunications
utility, the customer should contact that telecommunication utility or the
local telephone company;
(E)
explain the time frame for the customer to make
a selection and what will happen if the customer makes no selection;
(F)
identify the effective date that customers will
be transferred to the acquiring telecommunications utility;
(G)
provide the rates and conditions of service
of the acquiring telecommunications utility; and
(H)
provide a toll-free telephone number for a customer
to call for additional information.
(2)
The acquiring telecommunications utility
shall provide the Office of Customer Protection with a copy of the notice
when it is sent to customers.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on February 2, 2000.
TRD-200000742
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 936-7308