reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 10.00 - BILLING AND TERMINATION OF CABLE SERVICE › Section 10.05 - Billing Due Dates, Delinquency, Late Charges and Termination of Service

Current through Register 1525, July 5, 2024
(1) Subscriber
			 payment to a cable operator is due on the due date marked on the bill, which
			 shall be a date certain and in no case a statement that the bill is due upon
			 receipt. The due date shall not be less than five business days following the
			 mailing date of the bill.
(2) A
			 subscriber account shall not be considered delinquent unless payment has not
			 been received by the cable operator at least 30 days after the bill due
			 date.
(3) The following provisions
			 shall apply to the imposition of late charges on cable subscribers:
(a) A cable television operator shall not
			 impose a late charge on a subscriber unless a subscriber is delinquent, the
			 operator has given the subscriber a written late charge notice in a clear and
			 conspicuous manner, and the subscriber has been given at least eight business
			 days from the date of delinquency to pay the balance due.
(b) A charge of not more than 5% of the
			 balance due may be imposed as a one-time late charge.
(c) No late charge may be assessed on the
			 amount of a bill in dispute.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 10.00 - BILLING AND TERMINATION OF CABLE SERVICE › Section 10.06 - Charges for Disconnection or Downgrading of Service

Current through Register 1525, July 5, 2024
(1) A cable television operator may impose a
			 charge reasonably related to the cost incurred for a downgrade of service,
			 except that no such charge may be imposed when:
(a) A subscriber requests total disconnection
			 from cable service; or
(b) A
			 subscriber requests the downgrade within the 30 day period following the notice
			 of a rate increase or a substantial change in the number or type of programming
			 services relative to the service(s) in question.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 10.00 - BILLING AND TERMINATION OF CABLE SERVICE › Section 10.07 - Billing Disputes

Current through Register 1525, July 5, 2024
(1) Every cable
			 television operator shall have established procedures for prompt investigation
			 of any billing dispute registered by a subscriber. The procedures shall provide
			 at least 30 days from the due date of the bill for the subscriber to register a
			 complaint. The cable television operator shall notify the subscriber of the
			 result of its investigation and give an explanation for its decision within 30
			 business days of receipt of the complaint.
(2) The subscriber forfeits any rights under
			 207 CMR 10.07 if he or she fails to pay an undisputed balance within 30 days of
			 the bill due date.
(3) Any
			 subscriber who disagrees with the results of the cable television operator's
			 investigation must promptly inquire about and take advantage of any complaint
			 resolution mechanism, formal or informal, available under the license or
			 through the issuing authority before the Department may accept a petition filed
			 under 207 CMR 10.07(4).
(4) The
			 subscriber or the cable television operator may petition the Department to
			 resolve disputed matters within 30 days of any final action by the cable
			 operator. Final action under 207 CMR 10.07(3) shall be deemed to have occurred
			 30 days after the filing of a complaint.
(5) Upon receipt of a petition, the
			 Department may proceed to resolve the dispute if all parties agree to submit
			 the dispute to the Department and be bound by the Department's decision and the
			 Department obtains a statement signed by the parties indicating that agreement.
			 In resolving the dispute, the Department may receive written or oral statements
			 from the parties, and may conduct its own investigation. The Department shall
			 then issue a decision based on the record and the parties shall receive written
			 notification of the decision and a statement of reasons therefor.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 10.00 - BILLING AND TERMINATION OF CABLE SERVICE › Section 10.08 - Security Deposits

Current through Register 1525, July 5, 2024
(1) A cable
			 operator shall not require from any cable subscriber a security deposit for
			 converters or other equipment in excess of the cost of the equipment.
(2) The cable operator shall pay interest to
			 the cable subscriber at a rate of 7% per year for any deposit held for six
			 months or more, and such interest shall accrue from the date the deposit is
			 made by the cable subscriber. Interest shall be paid annually by the cable
			 operator to the cable subscriber, either as a direct payment or as a credit to
			 the cable subscriber's account.
(3)
			 Within 30 days after the return of the converter or other equipment, the cable
			 operator shall return the security deposit plus any accrued interest to the
			 cable subscriber, either as a direct payment or as a credit to the cable
			 subscriber's account.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 12.00 - TARIFFS AND RATE SCHEDULES › Section 12.01 - Applicability and Definitions

Current through Register 1525, July 5, 2024
(1)
Applicability
. 207 CMR 12.00 shall apply to all common
			 carriers subject to the Department's jurisdiction.
(2)
Definitions
. The
			 following terms, as used in 207 CMR 12.00, shall have the following meanings:
Company
. A common carrier subject to
				the Department's jurisdiction.
Department
. The Massachusetts
				Department of Telecommunications and Cable.
Tariff
. A schedule of rates, terms,
				and conditions approved by and on file with the Department.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 12.00 - TARIFFS AND RATE SCHEDULES › Section 12.02 - Format of Tariffs

Current through Register 1525, July 5, 2024
(1)
Form
. All tariffs and proposed tariffs shall be
			 typewritten, printed, or otherwise legibly duplicated on paper cut or folded to
			 letter size, 8" to 8½" by 10½" to 11". The impression shall be on
			 only one side of the paper, unless printed and bound.
(2)
Filing
.
(a) One original submitted on three-hole
			 punched paper and one copy of all proposed tariffs shall be filed with the
			 Department. The filing shall also attach Letters of Advice as described in 207
			 CMR 12.03.
(b) The filing of a
			 tariff or proposed tariff or the terms, conditions, or regulations in
			 connection therewith, shall not be considered the adoption of a regulation
			 under
			 207 CMR
			 2.00:
General Rules
.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 12.00 - TARIFFS AND RATE SCHEDULES › Section 12.03 - Letters of Advice

Current through Register 1525, July 5, 2024
(1)
Transmittal Letter
. All proposed tariffs at time of
			 filing shall be accompanied by a letter of transmittal addressed to the
			 Department Secretary, showing the name of issuing party, individual tariff
			 number, and effective date. The Transmittal Letter may be combined with the
			 Letter of Explanation and should be sent in duplicate. One copy shall be
			 stamped and returned to the sender to show the date of filing.
(2)
Letter of
			 Explanation
. All proposed tariffs at time of filing shall be
			 accompanied by a letter of explanation. The letter shall summarize the filing,
			 including any revisions made, and shall include the specific tariff number and
			 the specific pages and section numbers being filed for consideration.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 12.00 - TARIFFS AND RATE SCHEDULES › Section 12.04 - Posting of Rates

Current through Register 1525, July 5, 2024
All rates, charges and prices set forth in tariffs filed with
				the Department by a Company in accordance with 207 CMR 12.00 shall be printed
				by the Company, and copies thereof shall be made available at the Company's
				offices.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 12.00 - TARIFFS AND RATE SCHEDULES › Section 12.05 - Dates

Current through Register 1525, July 5, 2024
All matters required to be filed under 207 CMR 12.00 shall be
				deemed to have been filed on the date of receipt by the
				Department.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 12.00 - TARIFFS AND RATE SCHEDULES › Section 12.06 - Notice of General Rate Increases to Customers

Current through Register 1525, July 5, 2024
(1) All common carriers shall provide at
			 least 30 days advance written notice to business and residential customers of
			 any proposed increase to retail rates or charges. Notice shall be provided
			 through a bill insert, bill message, separate mailing, or similar means.
			 Website postings and toll-free recordings are not sufficient.
(2) A copy of any Notice of Rate Increase
			 provided to customers shall be included in any proposed tariff filing submitted
			 to the Department.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 12.00 - TARIFFS AND RATE SCHEDULES › Section 12.07 - Severability

Current through Register 1525, July 5, 2024
The provisions of 207 CMR 12.00 shall be deemed severable if
				any particular provision(s) is (are) rendered invalid by judicial determination
				or by statutory amendment.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 13.00 - CONSUMER PROTECTION FROM THE UNAUTHORIZED CHANGING OF LOCAL OR LONG DISTANCE TELEPHONE SERVICE PROVIDERS › Section 13.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. To establish rules and regulations
			 implementing the Massachusetts "anti-slamming" statute; specifically, to govern
			 the conduct of third party verification (TPV), informal dispute resolution
			 procedures for customer complaints, and the establishment of a record of
			 complaints.
(2)
Scope
. 207 CMR 13.00 shall apply to all telephone
			 interexchange carriers (IXC) and local exchange carriers (LEC), and their
			 agents doing business in Massachusetts or, where applicable, to companies that
			 provide TPV services.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 13.00 - CONSUMER PROTECTION FROM THE UNAUTHORIZED CHANGING OF LOCAL OR LONG DISTANCE TELEPHONE SERVICE PROVIDERS › Section 13.02 - Definitions

Current through Register 1525, July 5, 2024
For purposes of 207 CMR 13.00, the following terms shall be
				defined as follows:
Agent
. A person authorized by another
				(principal) to act for or in place of the principal.
Customer
. A person or business who
				resides in Massachusetts and subscribes to local or long distance
				telecommunications services.
Department
. The Massachusetts
				Department of Telecommunications and Cable.
Interexchange Carrier
or
IXC
. Any telecommunications common carrier engaged in
				the provision of long distance telephone service.
Letter of Agency
or
LOA
. A document meeting the form and content
				requirements of M.G.L. c. 93, § 109 and 47 CFR § 64.1130, signed by a
				customer to indicate that the customer has authorized a change of his or her
				IXC or LEC.
Local Exchange Carrier
or
LEC
. A telecommunications common carrier registered
				with the Department to provide local exchange telecommunications service, not
				including persons engaged in the provision of commercial mobile service under
				§ 332(e) of the Federal Communications Act of 1934, except to the extent
				that the Department determines such service should be included in the
				definition of such term.
Slamming
. Any unauthorized change to a
				customer's primary IXC or LEC.
Telecommunications Common Carrier
. Any
				entity registered with the Department to provide telecommunications
				services.
Third Party Verification
or
TPV
. A customer's oral authorization to change an IXC
				or LEC that meets the requirements set forth in M.G.L. c. 93, § 109(c),
				recorded by an entity registered with the Department operating in a location
				physically separate from an IXC, LEC, or telemarketing
				representative.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 13.00 - CONSUMER PROTECTION FROM THE UNAUTHORIZED CHANGING OF LOCAL OR LONG DISTANCE TELEPHONE SERVICE PROVIDERS › Section 13.03 - Requirements for Third Party Verification Calls

Current through Register 1525, July 5, 2024
(1)
Appropriate Verification
			 Data
. Pursuant to M.G.L. c. 93, § 109(c)(2)(i), the TPV agent
			 must confirm appropriate verification data. Appropriate verification data shall
			 include:
(a) the last four digits of the
			 customer's social security number;
(b) the customer's date of birth;
(c) the customer's mother's maiden name;
			 or
(d) any other independently
			 verifiable personal information.
Customers who do not wish to provide any of the verification
				data in 207 CMR 13.03(1)(a) through (d) may authorize a carrier change through
				a LOA.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 13.00 - CONSUMER PROTECTION FROM THE UNAUTHORIZED CHANGING OF LOCAL OR LONG DISTANCE TELEPHONE SERVICE PROVIDERS › Section 13.04 - Authorized Changes, Complaint Resolution Procedure for Slamming Complaints

Current through Register 1525, July 5, 2024
(1)
Unauthorized Change
. An unauthorized change of a
			 customer's primary IXC or LEC shall occur if the IXC or LEC that initiated the
			 change fails to provide the required evidence set forth in M.G.L. c. 93, §
			 109 and 47 CFR § 64.1120(c) for each and every type of service sold or
			 provides a LOA or TPV that the Department determines was obtained by a
			 carrier's or TPV's mistake, misunderstanding, misrepresentation, false and
			 deceptive business practices, or by any other unfair or unlawful
			 means.
(2)
Complaint
			 Resolution Procedure
. A customer, IXC or LEC may initiate a
			 complaint that a customer's IXC or LEC has been changed without the customer's
			 authorization. Such a complaint must be made to the Consumer Division within 90
			 days after the date of the notice indicating that the customer's IXC or LEC has
			 been changed. The Department shall investigate such complaint pursuant to the
			 procedures established by M.G.L. c. 93, §§ 108 through 113.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 13.00 - CONSUMER PROTECTION FROM THE UNAUTHORIZED CHANGING OF LOCAL OR LONG DISTANCE TELEPHONE SERVICE PROVIDERS › Section 13.05 - Informal Dispute Resolution Procedure for Slamming Complaints

Current through Register 1525, July 5, 2024
(1)
Election by Customer of an
			 Informal Procedure for the Resolution of Complaint
. For any matter
			 relating to the unauthorized change of a customer's primary IXC or LEC, a
			 customer may file a complaint with the Consumer Division of the Department and
			 elect an informal procedure for the resolution of the complaint.
(2)
Informal Procedure for the
			 Resolution of Complaints
. For any matter relating to the
			 unauthorized change of a customer's primary IXC or LEC, where a customer has
			 elected an informal procedure for the resolution of the complaint, the customer
			 and the IXC or LEC that initiated the change may negotiate mutually acceptable
			 terms upon which the complaint can be resolved. The terms of the customer and
			 initiating carrier negotiated resolution to the complaint must be signed by
			 both parties and filed with the Consumer Division of the Department. If
			 mutually acceptable terms are not identified within 90 days from the customer's
			 election of an informal dispute resolution procedure (or if the Department
			 determines that the filed, negotiated resolution is unacceptable), the
			 complaint will be processed in accordance with the procedures set forth in
			 M.G.L. c. 93, § 110.
(3)
Civil Penalties
. The Department may, in consideration
			 of the nature, circumstances, and gravity of the respondent's conduct, degree
			 of culpability, and history of prior offenses, impose a civil penalty on an IXC
			 or LEC as a condition of an acceptable informal resolution of a
			 complaint.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 13.00 - CONSUMER PROTECTION FROM THE UNAUTHORIZED CHANGING OF LOCAL OR LONG DISTANCE TELEPHONE SERVICE PROVIDERS › Section 13.06 - Procedure to Record Slamming Complaints

Current through Register 1525, July 5, 2024
(1)
Carrier Identification
.
(a) All IXCs and LECs providing service to
			 customers must inform the Consumer Division of the following:
1. the name, address, and direct telephone
			 number of the IXC or LEC;
2. the
			 names, addresses, and direct telephone numbers of any billing agents affiliated
			 with the IXC and LEC;
3. the names,
			 addresses, and telephone numbers of authorized representatives designated by
			 the IXC or LEC to serve as liaisons between the IXC or LEC and the Department
			 for the purpose of providing customer information and resolving complaints;
			 and
4. the toll-free customer
			 information number of the IXC or LEC as listed on customers' bills.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 13.00 - CONSUMER PROTECTION FROM THE UNAUTHORIZED CHANGING OF LOCAL OR LONG DISTANCE TELEPHONE SERVICE PROVIDERS › Section 13.07 - Application Form for Third Party Verification Companies

Current through Register 1525, July 5, 2024
The application form for TPV companies is incorporated herein
				by reference as filed with the Secretary of the Commonwealth and is available
				from the Department.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 13.00 - CONSUMER PROTECTION FROM THE UNAUTHORIZED CHANGING OF LOCAL OR LONG DISTANCE TELEPHONE SERVICE PROVIDERS › Section 13.08 - Exception

Current through Register 1525, July 5, 2024
The Department may, where appropriate, grant an exception from
				any provision of 207 CMR 13.00.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 15.00 - ACCELERATED DOCKET FOR DISPUTES INVOLVING COMPETING TELECOMMUNICATIONS CARRIERS › Section 15.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Purpose
. 207 CMR 15.00 governs an expedited dispute
			 resolution process for complaints involving competing telecommunications
			 carriers.
(2)
Scope
. 207 CMR 15.00 shall apply to all
			 telecommunications carriers and their agents doing business in
			 Massachusetts.
(3) To the extent
			 that a procedural rule is not otherwise included in 207 CMR 15.00, parties to a
			 proceeding under 207 CMR 15.01 should refer to 207 CMR 1.00:
Procedural
			 Rules
.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 15.00 - ACCELERATED DOCKET FOR DISPUTES INVOLVING COMPETING TELECOMMUNICATIONS CARRIERS › Section 15.02 - Definitions

Current through Register 1525, July 5, 2024
For purposes of 207 CMR 15.00, the following terms shall be
				defined as follows:
Day
. Unless otherwise indicated, is
				given the meaning in 207 CMR 1.02(4).
Department
means the Massachusetts
				Department of Telecommunications and Cable.
Telecommunications Carrier
. Any entity
				registered with the Department to provide telecommunications
				services.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 15.00 - ACCELERATED DOCKET FOR DISPUTES INVOLVING COMPETING TELECOMMUNICATIONS CARRIERS › Section 15.03 - Request for Expedited Review

Current through Register 1525, July 5, 2024
(1)
			 Parties to formal complaint proceedings against telecommunications carriers
			 within the responsibility of the Department may request inclusion on the
			 Department's Accelerated Docket. Proceedings on the Accelerated Docket are
			 subject to shorter pleading deadlines and certain other procedural rules that
			 do not apply to other formal complaint proceedings before the
			 Department.
(2) Any party that
			 contemplates filing a formal complaint may submit a request to the Secretary of
			 the Department, in writing, seeking inclusion of its complaint, once filed, on
			 the Accelerated Docket.
(3) Within
			 five days of receiving service of a complaint, any respondent in a formal
			 complaint proceeding may submit to the Secretary of the Department, a request
			 seeking inclusion of the proceeding on the Accelerated Docket. Such a
			 respondent contemporaneously shall transmit, in the same manner, a copy of its
			 request to all parties to the proceeding.
(4) A request for inclusion of a proceeding
			 on the Accelerated Docket must include:
(a) a
			 detailed explanation of the alleged violation;
(b) legal analysis of position (attach copies
			 of any authorities from other jurisdictions cited);
(c) why the action or inaction is unjust or
			 unreasonable;
(d) the business
			 issues presented by the action or inaction;
(e) the financial impact;
(f) the practical and operational effects
			 imposed upon the requesting party;
(g) whether the issues presented are pending
			 in other Department proceedings;
(h) the specific relief requested;
(i) whether the parties tried to informally
			 resolve the dispute; and
(j) all
			 documents supporting the facts alleged by the requesting party.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 15.00 - ACCELERATED DOCKET FOR DISPUTES INVOLVING COMPETING TELECOMMUNICATIONS CARRIERS › Section 15.04 - Docketing a Complaint on the Accelerated Docket

Current through Register 1525, July 5, 2024
(1) Both (or all) parties to a dispute need
			 not agree to the expedited process; it is sufficient that only one party so
			 elects.
(2) In determining whether
			 to admit a proceeding onto the Accelerated Docket, the Department may consider
			 factors from the following, non-exclusive list:
(a) Whether it appears that the parties to
			 the dispute have exhausted the reasonable opportunities for
			 settlement.
(b) Whether the
			 expedited resolution of a particular dispute or category of disputes appears
			 likely to advance competition in the telecommunications market.
(c) Whether the issues in the proceeding
			 appear suited for decision under the constraints of the Accelerated Docket.
			 This factor may entail,
inter alia
, examination of the number
			 of distinct issues raised in a proceeding, the likely complexity of the
			 necessary discovery, and the likelihood that persons in addition to the
			 complainant and respondent will be substantially and specifically affected by
			 the proceeding.
(d) Whether the
			 complainant states a claim for violation of a Department rule or order that
			 falls within the Department's jurisdiction.
(e) Whether it appears that inclusion of a
			 proceeding on the Accelerated Docket would be unfair to one party because of an
			 overwhelming disparity in the parties' resources.
(f) Such other factors as the Department
			 staff, within its substantial discretion, may deem appropriate and conducive to
			 the prompt and fair adjudication of complaint proceedings.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 15.00 - ACCELERATED DOCKET FOR DISPUTES INVOLVING COMPETING TELECOMMUNICATIONS CARRIERS › Section 15.05 - Complaint and Answer

Current through Register 1525, July 5, 2024
(1) If a matter is
			 accepted for expedited review, the complainant must file its complaint with the
			 Department and serve the respondent. Complaints on the Accelerated Docket shall
			 fully set out the facts and legal theories on which the complainant premises
			 its claims.
(2) Complaints on the
			 Accelerated Docket shall be accompanied, when served on respondents, by copies
			 of all documents, within the complainant's possession, custody, or control,
			 that are likely to bear significantly on the issues raised in the
			 complaint.
(3) Complaints on the
			 Accelerated Docket will bear the following notation in bold typeface above the
			 normal caption on the first page: "Accelerated Docket Proceeding: Answer Due
			 Within Seven Days of Service Date".
(4) The respondent has seven days to file its
			 answer. The answer shall respond fully to all material allegations and shall
			 state fully the nature of any defenses. The answer shall include all documents
			 in the respondent's control that are likely to bear significantly on the issues
			 in the complaint proceeding.
(5)
			 The filing of a separate pleading to reply to affirmative defenses is not
			 permitted in Accelerated Docket proceedings. Complainants in Accelerated Docket
			 proceedings may include, in a pre-initial-status-conference filing, a reply to
			 any affirmative defenses raised by the respondent.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 15.00 - ACCELERATED DOCKET FOR DISPUTES INVOLVING COMPETING TELECOMMUNICATIONS CARRIERS › Section 15.06 - Discovery; Automatic Disclosure

Current through Register 1525, July 5, 2024
(1) Each party to an Accelerated Docket
			 proceeding shall serve on the other parties, with its initial pleading and with
			 any reply statements in a pre-initial-status-conference filing, copies of all
			 documents in the possession, custody, or control of the party that are likely
			 to bear significantly on any claim or defense. A document also shall include
			 data compilations and tangible things. A document is likely to bear
			 significantly on a claim or defense if it:
(a)
			 Appears likely to have an influence on, or affect the outcome of, a claim or
			 defense;
(b) Reflects the relevant
			 knowledge of persons who, if their potential testimony were known, might
			 reasonably be expected to be deposed or called as a witness by any of the
			 parties;
(c) Is something that
			 competent counsel would consider reasonably necessary to prepare, evaluate or
			 try a claim or defense; or
(d)
			 Would not support the disclosing party's contentions.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 15.00 - ACCELERATED DOCKET FOR DISPUTES INVOLVING COMPETING TELECOMMUNICATIONS CARRIERS › Section 15.07 - Initial Status Conference

Current through Register 1525, July 5, 2024
(1) Nine days
			 after the answer is filed, Department staff will hold an initial status
			 conference at which time discovery issues (including discovery disputes) can be
			 discussed. Parties that seek additional discovery beyond that contained in the
			 initial pleading cycle shall request such additional discovery in a filing made
			 with the Department two days prior to the initial status conference.
(2) If a complainant replies to an
			 affirmative defense in a pre-initial-status-conference filing, it shall include
			 in that filing the information identifying individuals with firsthand knowledge
			 of the facts alleged in the reply. An Accelerated Docket complainant that
			 replies to an affirmative defense in its pre-status-conference filing also
			 shall serve on the respondent, at the same time as that filing, those documents
			 in the complainant's possession, custody, or control that were not previously
			 produced to the respondent and that are likely to bear significantly on the
			 issues raised in the reply.
(3)
			 Prior to the initial status conference, the parties shall confer, either in
			 person or by telephone, regarding:
(a)
			 Discovery to which they can agree;
(b) Facts to which they can stipulate;
			 and
(c) Factual and legal issues in
			 dispute.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 15.00 - ACCELERATED DOCKET FOR DISPUTES INVOLVING COMPETING TELECOMMUNICATIONS CARRIERS › Section 15.09 - Decision

Current through Register 1525, July 5, 2024
No more than 52 days after the complaint was docketed,
				Department staff will issue a written recommended decision. Parties may appeal
				the staff recommended decision to the Commissioner by filing an application for
				appeal including supporting argument within five days from the issue of the
				staff recommended decision. An opposing party may respond to the appeal within
				three days of the filing of the appeal. No appeal of a staff recommended
				decision, or response thereto, filed outside these time limits will be valid,
				absent a clear and convincing showing of good cause. If no appeal of the staff
				recommended decision is filed, the Commissioner will review the staff
				recommended decision and issue an order at the close of the appeal period. If
				an appeal is filed, the Commissioner will review the staff recommended decision
				and issue an order on appeal, based on the available record, within ten days of
				the filing of a response to an appeal or 13 days of the filing of an
				appeal.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 37.00 - AUTOMATIC TELEPHONE DIALING SYSTEMS › Section 37.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
The purpose of 207 CMR 37.00 is to implement the requirements
				of M.G.L. c. 159, §§ 19B through 19D, by prescribing regulations
				specifying the manner in which customers of local telephone exchange service
				may notify common carriers providing such service that the customer does not
				wish to receive telephone calls from an automatic dialing
				system.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 37.00 - AUTOMATIC TELEPHONE DIALING SYSTEMS › Section 37.02 - Definitions

Current through Register 1525, July 5, 2024
Automatic Telephone Dialing System
.
				Any automatic terminal equipment which is capable of storing numbers to be
				called or producing numbers to be called, using a random or sequential number
				generator, and with the ability to call such numbers, and which is capable of
				delivering a prerecorded message to the number called, with or without manual
				assistance.
Common Carrier
. Any corporation,
				person, partnership, or any other organization subject to the Department's
				jurisdiction pursuant to M.G.L. c. 159 providing local exchange service for
				sale to subscribers, and resellers of such service for public use.
Department
. The Massachusetts
				Department of Telecommunications and Cable.
Local Telephone Exchange Service
. Any
				service that provides a customer with access to a public exchange telephone
				network.
Reseller
. Any corporation,
				partnership, person, or other organization that purchases local telephone
				exchange service and resells such service to a subscriber of said
				service.
Subscriber
. Any ultimate user of local
				telephone exchange service, but shall not include transient users.
Transient User
. Any ultimate user of
				local telephone exchange service that does not use such service for incoming
				telephone calls on a regular basis, including, but not limited to, users of
				coin-operated telephones and those residing on a temporary basis in hospitals,
				hotels, and motels.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 37.00 - AUTOMATIC TELEPHONE DIALING SYSTEMS › Section 37.03 - Submission and Approval of Implementation Plan

Current through Register 1525, July 5, 2024
(1) Every common carrier that begins to
			 provide local telephone exchange service after September 8, 2017 shall submit
			 to the Department, no later than 30 days after beginning such service, a
			 proposed implementation plan consistent with the requirements of 207 CMR
			 37.04.
(2) An implementation plan
			 proposed by a common carrier pursuant to 207 CMR 37.03 shall go into effect
			 upon approval by the Department pursuant to such terms, conditions, or
			 modifications as the Department may order.
(3) Any implementation plan approved by the
			 Department shall remain in effect until and unless modified or cancelled by
			 Order of the Department.
Code of Massachusetts Regulations › 207 CMR - CABLE TELEVISION DIVISION › Title 207 CMR 37.00 - AUTOMATIC TELEPHONE DIALING SYSTEMS › Section 37.04 - Requirements of Implementation Plan

Current through Register 1525, July 5, 2024
The implementation plan shall have, at a minimum, the following
				elements:
(1) The implementation plan
			 shall establish a method for notifying all present subscribers of their right
			 to request that they not receive calls from automatic telephone dialing systems
			 and of the fact that, if they indicate that they do not wish to receive such
			 calls, their telephone number will be placed on a list of subscribers not
			 desiring such calls that will be provided to persons using such systems. The
			 notification to subscribers shall include information specifying the time and
			 manner in which a subscriber may notify the common carrier of its desire to be
			 placed on such a list.
(2) The
			 implementation plan shall provide that notification to subscribers described in
			 207 CMR 37.04(1) shall be made within 60 days after approval of the
			 implementation plan and not less frequently than annually thereafter. New
			 subscribers shall be so notified within 60 days after the initiation of service
			 and not less than annually thereafter.
(3) The implementation plan shall specify the
			 manner in which a subscriber may revoke notification that said subscriber does
			 not wish to receive calls from an automatic telephone dialing system.
(4) The implementation plan shall specify the
			 manner in which the common carrier will make available to persons using an
			 automatic dialing system the telephone numbers of persons who do not wish to
			 receive such calls.
(5) An
			 implementation plan for a common carrier that sells local exchange service to a
			 reseller shall provide for the coordination with the reseller of the
			 compilation of the lists of subscribers not desiring calls placed by an
			 automatic dialing system.
Code of Massachusetts Regulations › 209 CMR - DIVISION OF BANKS AND LOAN AGENCIES › Title 209 CMR 4.00 - Compliance With Federal Law And Regulation (Repealed)

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
209 CMR 4.00: M.G.L. c. 167, §§ 1A and 6; c.
				140E.
Code of Massachusetts Regulations › 209 CMR - DIVISION OF BANKS AND LOAN AGENCIES › Title 209 CMR 18.00 - Conduct of the business of debt collectors, student loan servicers, and third party loan servicers › Section 18.01 - Purpose and Applicability

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 209 CMR 18.00 is to establish
			 standards, by defining unfair or deceptive acts or practices, for the servicing
			 of loans and collection of debts from persons within the Commonwealth of
			 Massachusetts by debt collectors, third party loan servicers, and student loan
			 servicers; to establish procedures and requirements for the licensing and
			 supervision of debt collectors and student loan servicers; and for the
			 registration and supervision of third party loan servicers.
(2)
Applicability
.
(a) Persons exempt from the licensing and
			 registration provisions pursuant to M.G.L. c. 93, § 24A(c) who conduct the
			 business of a debt collector or third party loan servicer as defined in
			 209 CMR 18.02, shall
			 be subject to the provisions governing fair debt collection and third party
			 loan servicing practices at
			 209 CMR
			 18.15 through
			 18.24,
			 and shall not be subject to the provisions of
			 209
			 CMR 18.03 through
			 18.14.
(b) Any person licensed as a debt collector
			 shall not be required to register as a third party loan servicer. However, any
			 debt collector who engages in third-party loan servicing activities must comply
			 with all pertinent state and federal laws and regulations governing third party
			 loan servicers when acting in that capacity including, but not limited to, the
			 provisions of
			 209 CMR
			 18.23 and
			 18.24.
(c) A student loan servicer who engages in
			 third-party loan servicing activities or debt collection activities within the
			 scope of student loan servicing activities described in M.G.L. c. 93L shall
			 comply with all applicable state and federal laws and regulations governing
			 third party loan servicers and debt collectors when acting in such
			 capacity.
(d) Nothing contained in
			 209 CMR 18.00 shall limit the
			 ability of the Commissioner to consider other information in determining
			 whether or not to approve an application, or to require information in addition
			 to that required by the application form provided to the
			 applicant.
Code of Massachusetts Regulations › 209 CMR - DIVISION OF BANKS AND LOAN AGENCIES › Title 209 CMR 18.00 - Conduct of the business of debt collectors, student loan servicers, and third party loan servicers › Section 18.03 - Application Requirements - Debt Collector Applicants and Student Loan Servicer Applicants

Current through Register 1525, July 5, 2024
(1)
Application
. Each debt collector applicant or student
			 loan servicer applicant shall submit a written application on a form prescribed
			 by the Commissioner, signed under the pains and penalties of perjury,
			 containing such information as the Commissioner may from time to time
			 require.
(2)
License
			 Requirements
. A debt collector applicant or student loan servicer
			 applicant shall be required to submit detailed information supporting the
			 following general requirements:
(a)
Financial Responsibility
. A debt collector applicant
			 or student loan servicer applicant shall demonstrate financial responsibility
			 and shall demonstrate and maintain a positive net worth. Failure to demonstrate
			 a positive net worth at any time in which the debt collector or student loan
			 servicer license is in effect may constitute evidence that the aforementioned
			 licensee has failed to satisfy the financial responsibility requirements of 209
			 CMR 18.03(1)(a).
1. The Commissioner, in his
			 or her discretion, may require a debt collector to furnish a bond, in addition
			 to the $25,000 bond that is required pursuant to M.G.L. c. 93, §§
			 24A, 25 and 26, in a sum as determined by the Commissioner. The bond shall run
			 to the state treasurer and be executed by the licensee and by a surety company
			 licensed by the Massachusetts Division of Insurance.
2. A student loan servicer applicant shall
			 furnish a surety bond of $25,000 in such form and with such sureties as may be
			 approved by the Commissioner, as required pursuant to M.G.L. c. 93L, §
			 2(d). The Commissioner, in his or her discretion, may require a student loan
			 servicer to furnish a bond, in addition to the requirements pursuant to M.G.L.
			 93L, § 2(d), in a sum as determined by the Commissioner and in a form
			 prescribed by the Commissioner.
Code of Massachusetts Regulations › 209 CMR - DIVISION OF BANKS AND LOAN AGENCIES › Title 209 CMR 18.00 - Conduct of the business of debt collectors, student loan servicers, and third party loan servicers › Section 18.04 - Application Requirements - Automatic Federal Student Loan Servicer Applicant

Current through Register 1525, July 5, 2024
(1)
Application
. Each automatic federal student loan
			 servicer applicant shall submit an application on a form prescribed by the
			 Commissioner, containing such information as the Commissioner may from time to
			 time require.
(2)
Bond
. Upon receipt of the automatic federal student
			 loan servicer license, the automatic federal student loan servicer shall submit
			 a surety bond of $25,000 in such form, and with such sureties, as may be
			 approved by the Commissioner under M.G.L. c. 93L, § 2(f).
(3)
Perpetual
			 License
. An automatic federal student loan servicer license shall
			 be irrevocable and shall not expire, unless the automatic federal student loan
			 servicer ceases acting as a student loan servicer pursuant to a contract with
			 the United States Secretary of Education under
			 20
			 U.S.C. 1087f. On an annual basis, an
			 automatic federal student loan servicer licensee shall verify and attest to its
			 NMLS record, and submit the appropriate NMLS processing fees.
(4)
Ceasing of
			 Business
. A licensed automatic federal student loan servicer shall
			 notify the Commissioner when it ceases to engage in the business of student
			 loan servicing no later than 15 days after the cessation of business. The
			 automatic federal student loan servicer shall provide to the Commissioner the
			 location where records are stored and contact information for an individual who
			 will be authorized to provide access to the records. An automatic federal
			 student loan servicer license shall immediately expire if the automatic federal
			 student loan servicer is no longer acting as a student loan servicer pursuant
			 to a contract with the United States Secretary of Education under
			 20
			 U.S.C. 1087f.
(5)
Expiration of
			 License
. A licensed automatic federal student loan servicer shall
			 provide written notice to the Commissioner not more than seven business days
			 after receiving notification of the expiration, revocation or termination of a
			 contract awarded by the United States Secretary of Education under
			 20
			 U.S.C 1087f. An automatic federal student
			 loan servicer license shall immediately expire if such licensee is no longer
			 acting as a student loan servicer pursuant to a contract with the United States
			 Secretary of Education under said
			 20
			 U.S.C. 1087f.
Code of Massachusetts Regulations › 209 CMR - DIVISION OF BANKS AND LOAN AGENCIES › Title 209 CMR 18.00 - Conduct of the business of debt collectors, student loan servicers, and third party loan servicers › Section 18.06 - Licensing Standards - Student Loan Servicer Applicant

Current through Register 1525, July 5, 2024
(1) A license to engage in the business of
			 student loan servicer will be issued if the Commissioner, upon review of the
			 application and all other relevant information, determines that all of the
			 requirements of M.G.L. c. 93L, § 2(e) have been met.
(2) The Commissioner may deny an application
			 to engage in the business of a student loan servicer, if the Commissioner upon
			 review of the application and other relevant information, determines that the
			 student loan servicer applicant has:
(a)
			 failed to satisfy the requirements of M.G.L. c. 93L;
(b) violated any applicable provisions of
			 M.G.L. c. 93L or
			 209 CMR 18.00;
(c) violated or engaged in a pattern of
			 violations of any state or federal law applicable to the conduct of the
			 business of a student loan servicer including, but not limited to, M.G.L. c.
			 93A and any rule, regulation or administrative order or directive promulgated
			 thereunder;
(d) conducted, or will
			 conduct, its business in an unsafe and unsound manner; or
(e) engaged in conduct which has resulted in
			 the suspension or revocation of its license to engage in the business of a
			 student loan servicer, or other licensed business, by the licensing authority
			 of this or any other state.
Code of Massachusetts Regulations › 209 CMR - DIVISION OF BANKS AND LOAN AGENCIES › Title 209 CMR 18.00 - Conduct of the business of debt collectors, student loan servicers, and third party loan servicers › Section 18.07 - Registration Procedures

Current through Register 1525, July 5, 2024
(1)
Registration
. Each applicant for registration as a
			 third party loan servicer shall submit a written registration on a form
			 prescribed by the Commissioner, signed under the pains and penalties of
			 perjury, containing such information as the Commissioner may from time to time
			 require including, but not limited to, a description of the activities of the
			 applicant.
(2)
Renewal
			 of Registration
. Each registration shall expire annually on a date
			 determined by the Commissioner. An applicant for a renewal of its registration
			 shall submit such information as the Commissioner may deem necessary.
Code of Massachusetts Regulations › 209 CMR - DIVISION OF BANKS AND LOAN AGENCIES › Title 209 CMR 18.00 - Conduct of the business of debt collectors, student loan servicers, and third party loan servicers › Section 18.08 - Registration Standards

Current through Register 1525, July 5, 2024
(1) A registration as a
			 third party loan servicer will be issued to an applicant if the Commissioner,
			 upon review of the registration and all other relevant information, determines
			 that all of the requirements of M.G.L. c. 93, §§ 24 through 24G, and
			 209 CMR
			 18.05 have been met.
(2) The Commissioner may deny an application
			 for registration as a third party loan servicer, or the renewal thereof, if the
			 Commissioner upon review of the application and other relevant information,
			 determines that the applicant has not satisfied the requirements of M.G.L. c.
			 93, §§ 24 through 24G or
			 209 CMR
			 18.07 or has violated any provision of M.G.L.
			 c. 93, §§ 24 through 28, and
			 209 CMR 18.00.
Code of Massachusetts Regulations › 209 CMR - DIVISION OF BANKS AND LOAN AGENCIES › Title 209 CMR 18.00 - Conduct of the business of debt collectors, student loan servicers, and third party loan servicers › Section 18.09 - Office Locations

Current through Register 1525, July 5, 2024
(1)
Debt
			 Collector Branch Offices
. A debt collector licensee who intends to
			 carry on its business at any location in addition to the address on its
			 original license shall submit an application to the Commissioner, in writing,
			 at least 30 days prior to the opening of the branch location. Such application
			 shall contain the address of any such place and such other information as the
			 Commissioner may require.
(2)
Student Loan Servicer Branch Offices
. A student loan
			 servicer licensee, other than an automatic federal student loan servicer
			 licensee, who intends to operate at any place in addition to its main address
			 on the license shall notify the Commissioner, in writing, not less than 30 days
			 before commencing operation in the additional location. The notification shall
			 include information as required by the Commissioner.
(3)
Relocations and
			 Closings
. A debt collector licensee, student loan servicer
			 licensee other than an automatic federal student loan servicer, or registered
			 third party loan servicer shall provide thirty days prior written notice of any
			 change or closing of a location to the Commissioner and shall contain such
			 other information as the Commissioner may require.