New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VI - TELEPHONE AND TELEGRAPH CORPORATIONS › Subchapter A - Service › Part 609 - Rules Governing Provision Of Telephone Service To Residential Customers › Section 609.2 - Applicability of rules

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other commission rule or order to the
					 contrary, this Part governs the provision of residential service as defined
					 herein and the rights, duties and obligations of every telephone corporation
					 subject to the jurisdiction of the commission by virtue of article 5 of the
					 Public Service Law with respect to such service, their residential customers
					 and applicants for residential service.
(a) Residential service is basic local
				  exchange service furnished in private homes or apartments, including all parts
				  of the subscriber's domestic establishment, for domestic use and not for
				  substantial occupational use; in the study of a clergyman located in a church,
				  in college fraternity or sorority houses, college dormitories, convents and
				  monasteries for domestic rather than occupational use in residential
				  quarters.
(b) The term existing
				  residential customer, when used in this Part, shall include any person who is
				  supplied directly by a telephone corporation with residential service at a
				  dwelling for his or her residential use pursuant to an application for service
				  made by such person or a third party on his or her behalf. The term includes a
				  person requesting such service who was a customer of the same telephone
				  corporation within 12 months of making the request, who was not terminated for
				  nonpayment more than 10 days before making the request, and who may move to a
				  different dwelling within the telephone corporation's service
				  territory.
(c) The term applicant,
				  when used in this Part, shall include any person who does not qualify as an
				  existing residential customer and who requests basic local exchange service at
				  a dwelling for his or her residential use or the residential use by another
				  person.
(d) The term reportable
				  charges shall mean any charges for local service which are unpaid 45 days from
				  the date of the bill for the charges, provided that the bill was mailed within
				  six business days of the date of the bill. Charges which are the subject of a
				  deferred payment agreement under which the customer is making the agreed upon
				  payments are not reportable charges; failure to make an agreed upon payment
				  shall make the entire unpaid balance of the deferred payment agreement a
				  reportable charge. Charges which are the subject of a pending billing dispute
				  pursuant to section
				  609.16 
				  of this Part are not reportable charges during the pendency of the dispute or
				  for 15 days after its resolution.
(e) The term basic local exchange service
				  shall include the following charges for residential service:
(1) customer access line, including any usage
				  bundled in this charge;
(2) local
				  measured service;
(3) local
				  measured units;
(4) locality
				  rates;
(5) mileage;
(6) late payment charges on local exchange
				  service;
(7) subscriber line
				  charge;
(8) taxes and surcharges
				  prorated to reflect only the taxes and surcharges associated with local
				  exchange service;
(9) nonpublished
				  service;
(10) touchtone;
(11) local exchange service restoral
				  charge;
(12) NSF check charge for
				  local exchange service or any part of local exchange service;
(13) service order charge for local exchange
				  service;
(14) construction charges
				  for local exchange service; and
(15) intraLATA toll service and interregional
				  calls unless intraLATA prescription is offered and selective intraLATA access
				  is available.