Iowa Administrative Code › Agency 199 - Utilities Division › Chapter 6 - Complaint Procedures › Rule 199-6.8 - Special Procedures for Complaints Alleging Unauthorized Changes in Telecommunications Services

Current through Register Vol. 47, No. 3, July 24, 2024
Notwithstanding the deregulation of a communications service or
				facility pursuant to Iowa Code section 476.1D, complaints alleging an
				unauthorized change in telecommunications service (more information is
				contained in the "Unauthorized changes in telecommunications service" rule in
				199-Chapter 22) will be processed pursuant to this chapter with the following
				additional or substituted procedures:
(1) Upon receipt of the complaint and with
			 the customer's acknowledgment, a copy of the complaint or a notification of
			 receipt of a telephone or other oral complaint will be forwarded to the
			 executing service provider and the preferred service provider as a request for
			 a change in the customer's service to the customer's preferred service
			 provider, unless the service has already been changed to the preferred service
			 provider.
(2) The complaint or
			 notification of receipt of a telephone or other oral complaint will also be
			 forwarded to the alleged unauthorized service provider. That entity shall file
			 a response to the complaint within 20 days of the date the complaint or
			 notification of receipt of a telephone or other oral complaint was forwarded.
			 The response must include proof of verification of the customer's authorization
			 for a change in service or a statement that the unauthorized service provider
			 does not have such proof of verification.
(3) If the alleged unauthorized service
			 provider includes with its response alleged proof of verification of the
			 customer's authorization for a change in service, the response will be
			 forwarded to the customer. The customer will have ten days to challenge the
			 verification or otherwise reply to the service provider's response.
(4) As a part of the informal complaint
			 proceedings, commission staff may issue a proposed resolution to determine the
			 potential liability, including assessment of damages, for unauthorized changes
			 in service among the customer, the previous service provider, the executing
			 service provider, and the submitting service provider, and any other interested
			 person. In all cases, the proposed resolution shall allocate responsibility
			 among the interested persons on the basis of their relative responsibility for
			 the events that are the subject matter of the complaint. For purposes of this
			 rule and in the absence of unusual circumstances, the term "damages" means
			 charges directly relating to the telecommunications services provided to the
			 customer that have appeared or may appear on the customer's bill. The term
			 "damages" does not include incidental, consequential, or punitive
			 damages.
(5) If the complainant,
			 the service provider, consumer advocate, or any other interested person
			 directly affected by the proposed decision is dissatisfied with the proposed
			 resolution, a request for formal complaint proceedings may be filed. A request
			 for formal complaint proceedings will be processed by the commission pursuant
			 to rule 199-6.5 (476) et seq.
If no request for formal complaint proceedings is received by
				the commission within 14 days after issuance of the proposed resolution, the
				proposed resolution will be deemed binding upon all persons notified of the
				informal proceedings and affected by the proposed resolution. Notwithstanding
				the binding nature of any proposed resolution as to the affected persons, the
				commission may at any time and on its own motion initiate formal proceedings
				that may alter the allocation of liability.
(6) No entity may commence any actions to
			 rebill, directly bill, or otherwise collect any disputed charges for a change
			 in service until after commission action on the complaint is final. If final
			 commission action finds that the change in service was unauthorized and
			 determines the customer should pay some amount less than the billed amount, the
			 service provider is prohibited from rebilling or taking any other steps
			 whatsoever to collect the difference between the allowed charges and the
			 original charges.