reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-17 - INFORMATION TO CUSTOMERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Information as to Service and Rates. - A utility shall, when accepting
				application for sewer service, give full information to the applicant
				concerning type of service to be rendered and rates which will be
				applicable.
(b) Posting of Rates,
				Rules and Regulations. - Every utility shall provide in its business office,
				near the cashier's window, where it may be available to the public the
				following:
(1) A copy of the rates, rules and
				regulations of the utility applicable to the territory served from that
				office.
(2) A copy of these rules
				and regulations.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-18 - RESCINDED

Current through Register Vol. 39, No. 2, July 15, 2024
NCUC Docket No. S-100,
				  Sub 1, 8/23/67; NCUC Docket No. W-100, Sub 48,
				  12/31/09.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-19 - INFORMATION ON BILLS

Current through Register Vol. 39, No. 2, July 15, 2024
All bills for sewerage service shall state whether the charge
				  is based on a percentage of the water bill, flat rate, or other charge.
(1) Those bills based upon a water meter
				billing shall show the readings of the water meter at the beginning and end of
				the time for which bill is rendered, the dates on which the readings were
				taken, the amount supplied and the price per unit.
(2) Utilities desiring to adopt mechanical
				billing of such nature as to render compliance with all the terms of
				subdivision (1) impractical may make application to this Commission for relief
				therefrom. After considering such application, the Commission may, in its
				discretion, allow a departure from subdivision (1).
(3) Meters will be read or flat rate billings
				rendered as nearly as possible at regular intervals. This interval may be
				monthly, or quarterly, however no change shall be made in the billing interval
				except on approval of the Commission.
NCUC Docket No. S-100,
				  Sub 1, 8/23/67.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-20 - SALE OF SEWER SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
No utility shall charge or demand or collect or receive any
				  greater or less or different compensation for sale of sewer service, or for any
				  service connected therewith, than those rates and charges approved by the
				  Commission and in effect at that time.
NCUC Docket No. S-100,
				  Sub 1, 8/23/67.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-21 - ACCOUNTING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Uniform System
				of Accounts. - The Uniform System of Accounts for Sewer Utilities as revised in
				1984 by the National Association of Regulatory Utility Commissioners, and all
				subsequent revisions thereto unless otherwise ordered by the Commission, are
				hereby adopted by this Commission as the accounting rules of this Commission
				for sewer companies and are prescribed for the use of all sewer utilities under
				the jurisdiction of the North Carolina Utilities Commission having annual gross
				operating revenues of $10,000 or more derived from the sales of sewer service,
				viz:
Uniform System of Accounts for Class A Sewer
				  Utilities-1984.
Uniform System of Accounts for Class B Sewer
				  Utilities-1984.
Uniform System of Accounts for Class C Sewer
				  Utilities-1984.
(b)
				Multicompany Filings. - Each sewer utility operating in more than one
				subdivision shall maintain its accounts in such a manner that the operating
				revenue, the investment, the related depreciation reserve and contributions for
				each subdivision can be obtained from its records.
NCUC Docket No. S-100,
				  Sub 1, 8/23/67; NCUC Docket No. W-100, Sub 18,
				  6/1/92.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-22 - SAFETY PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
Each utility shall adopt and execute a safety program, fitted
				  to the size and type of its operations. As a minimum, the safety program
				  shall:
(1) Require employees to use
				suitable tools and equipment in order that they may perform their work in a
				safe manner.
(2) Instruct employees
				in safe methods of performing their work.
(3) Instruct employees who, in the course of
				their work, are subject to the hazard of electrical shock, asphyxiation or
				drowning, in accepted methods of artificial respiration.
NCUC Docket No. S-100,
				  Sub 1, 8/23/67.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-23 - AVAILABILITY RATES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Definitions:
(1) "Availability rate" - means a fee or
				charge paid to a sewer utility by a subscriber thereof for the availability of
				sewer service being provided by the utility in a specific subdivision or real
				estate development.
(2) "Customer"
				or "subscriber" - for purposes of this rule, means a person who is a nonuser of
				the sewer service provided by a sewer utility and who has subscribed to the
				availability of sewer service.
(a) If a person
				subscribes to availability of service to more than one lot, that person shall
				be considered a separate customer for each separate lot served; except that two
				lots occupied by a single dwelling may be considered as a single lot when the
				dwelling occupies a portion of both lots in such a manner that no additional
				separate dwellings can reasonably be anticipated on the lots.
(3) "Availability of sewer
				service" - means that safe, sanitary and unoffensive collection, treatment and
				disposal of sewage is available at all times by means of a sewer main located
				within 75 feet of the boundary of the subscriber's property served, or such
				other distance as the Commission deems reasonable, whether or not sewage is
				actually delivered to the system by the subscriber, and whether or not a
				service outlet is located inside the boundary of the property served.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-24 - BONDS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except as
				provided in paragraph (f), before temporary operating authority, or a
				certificate of convenience and necessity is granted to a water or sewer utility
				company, or before a water or sewer utility company extends service into
				territory contiguous to that already occupied, without regard to the date of
				the issuance of the existing franchise, the company must furnish a bond to the
				Commission as required by
				G.S.
				62-110.3. The company shall ensure that the
				bond is renewed as necessary to maintain it in continuous force in conformity
				to the rules herein.
(b) The form
				of the bond shall be as in the Appendix to this Chapter.
(c) The amount of the bond shall be set by
				the Commission on the basis of evidence presented during the application
				proceeding. In the case of a no-protest application proceeding, the amount of
				the bond shall be based on information in the application. In the event that
				the parties cannot agree on the appropriate amount, the issue shall be referred
				to the Commission for final decision. In setting the amount of a bond, the
				Commission shall consider and make appropriate findings as to the following:
(1) Whether the applicant holds other water
				or sewer franchises in this State, and if so its record of operation,
(2) The number of customers the applicant now
				serves and proposes to serve,
(3)
				The likelihood of future expansion needs of the service,
(4) If the applicant is acquiring an existing
				company, the age, condition and type of the equipment,
(5) Any other relevant factors, including the
				design of the system, and
(6) In
				the case of a contiguous extension, both the original service area and the
				proposed extension.
The bond shall be in an amount, not less than ten thousand
				  dollars ($10,000), sufficient to provide financial responsibility in a manner
				  acceptable to the Commission.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-25 - NOTIFICATION OF CONTIGUOUS EXTENSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) At
				least 30 days prior to constructing, acquiring, or beginning the operation of
				any public utility plant or equipment capable of providing sewer utility
				service to customers in territory contiguous to that already occupied, for
				which, by virtue of its contiguity, no certificate of public convenience and
				necessity is required, a public utility shall provide written notice to the
				Commission of its intention to construct, acquire, or begin operation of such
				plant. The notice shall be in a form approved by the Commission and shall
				identify the area to be served by the extension.
(b) For purpose of this Rule, the phrase
				"territory contiguous to that already occupied" shall mean territory that is
				immediately adjacent. In order to be immediately adjacent, the territory must
				share a significant common boundary line with that already occupied. There may
				be a geographic feature such as a roadway or stream along this boundary line,
				but there must not be any intervening land or any substantial body of water.
				The territory must be immediately adjacent to territory that is already
				occupied by the sewer utility. A sewer utility occupies a territory by the
				presence of its plant in the territory. A contiguous extension may not be made
				across unoccupied territory that will not be served by the extension, whether
				franchised to the utility or not.
NCUC Docket No. W-100,
				  Sub 17, 2/28/95.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-26 - SEWER SYSTEM IMPROVEMENT CHARGE MECHANISM

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Scope
				of Rule. - This rule provides the procedure for the approval and administration
				of a rate adjustment mechanism pursuant to
				G.S.
				62-133.12 to allow a utility to recover the
				incremental depreciation expense and capital costs related to the utility's
				reasonable and prudently incurred investment in eligible sewer system
				improvements.
(b) Definitions. - As
				used in this rule:
(1) "Capital costs" means
				the pretax return on costs permitted to be capitalized pursuant to the National
				Association of Regulatory Utility Commissioners (NARUC) Uniform System of
				Accounts, net of accumulated depreciation and accumulated deferred income
				taxes, using the current federal and state income tax rates and the utility's
				capital structure, cost of long-term debt, and return on equity approved in the
				utility's most recent general rate case.
(2) "Depreciation expense" means the annual
				depreciation accrual rates employed in the utility's most recent general rate
				case for the plant accounts in which the cost of each eligible sewer system
				improvement is recorded applied to the cost of eligible sewer system
				improvements.
(3) "Eligible sewer
				system improvements" means the improvements set forth in
				G.S.
				62-133.12(d) and shall
				include only those improvements found necessary by the Commission to provide
				safe, reliable, and efficient service in accordance with applicable effluent
				standards.
(4) "Incremental
				depreciation expense and capital costs" means depreciation expense and capital
				costs that have been incurred since the utility's most recent rate case and
				have not been included in the utility's cost of service for ratemaking
				purposes.
(5) "Sewer System
				Improvement Charge or SSIC" means an adjustment to customer bills that allows a
				utility to recover the SSIC Revenue Requirement.
(6) "SSIC Revenue Requirement" means the
				annual revenue required to allow a utility to recover the annual incremental
				depreciation expense and capital costs of eligible sewer system
				improvements.
(7) "SSIC Period"
				means the 12-month period ended December 31 for Aqua North Carolina, Inc. and
				the 12-month period ended March 31 for Utilities, Inc., and its North Carolina
				affiliates. The SSIC Period for other sewer utilities shall be a 12-month
				period established by the Commission in conjunction with the approval of a SSIC
				mechanism for that utility.
(8)
				"SSIC mechanism" means a rate adjustment mechanism approved by the Commission
				in a general rate case pursuant to
				G.S.
				62-133.12.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-27 - CONSUMPTION ADJUSTMENT MECHANISM FOR SEWER UTILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Scope of Rule.-This Rule provides the procedure for the approval and
				administration of a rate adjustment mechanism pursuant to
				G.S.
				62-133.12A, known as a Consumption Adjustment
				Mechanism for Sewer Utilities (CAM-S ). This mechanism, if authorized by the
				Commission in a general rate case proceeding, allows a sewer utility to track
				and true-up variations in average per customer sewer usage from baseline
				consumption levels established by the Commission in the utility's most recent
				general rate case proceeding and to subsequently apply to the Commission for
				authority to establish and adjust charges or credits to recover from or refund
				to customers the revenue associated with these variations. The rate adjustment
				mechanism allowed pursuant to this Rule is not applicable to a sewer utility's
				customers that are charged based upon a flat rate or purchased bulk sewer rate
				or to customers that are served by systems that the utility acquired after the
				date on which the utility filed its application and were not included in its
				most recent general rate case proceeding.
(b) Request for Approval of CAM-S.-A utility
				seeking approval of a CAM-S shall include in its application for a general rate
				increase pursuant to
				G.S.
				62-133 and Commission Rule R1-17 the
				following:
(1) A proposed structure of the
				CAM-S and a proposed method for calculating the charge or credit resulting from
				the CAM-S that are in sufficient detail to facilitate the Commission's review
				and determination whether the rate adjustment mechanism is appropriate to track
				and true-up variations in average per customer usage and whether the rate
				adjustment mechanism is in the public interest;
(2) A description of the customer
				classifications used within the current and any proposed rate schedules that
				the proposed CAM-S would apply to and the criteria used to group customers in a
				fair and reasonable manner;
(3) A
				three-year billing data analysis that includes a detailed breakdown of the
				monthly active customer counts and monthly usage data by blocks of 1,000
				gallons for each year, customer classification, and rate schedule;
(4) Testimony, affidavits, exhibits, sample
				calculations, or other evidence demonstrating that the CAM-S is appropriate to
				track and true-up variations in average per customer usage and that the CAM-S
				is in the public interest; and
(5)
				Any other information that the Commission may require by order or otherwise in
				the general rate case proceeding.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 10 › Section 11 R10-28 - PROCEDURE FOR DETERMINING FAIR VALUE AND ESTABLISHING RATE BASE FOR ACQUISITION OF GOVERNMENT-OWNED WASTEWATER SYSTEMS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Scope of
				Rule.-This Rule provides the procedural and filing requirements for the
				determination of the value of utility property for ratemaking purposes
				applicable when a utility acquires an existing wastewater system owned by a
				municipality or county, or an authority or district established under Chapter
				162A of the General Statutes, and the utility makes an election pursuant to
				G.S.
				62-133.1A(a) to establish
				its rate base associated with the acquisition by using the fair value of the
				acquired property instead of original cost.
(b) Definitions.
(1) "Local Government Utility" means an
				existing wastewater system owned by a municipality, county, or an authority or
				district established under Chapter 162A of the General Statutes.
(2) "Rate Division" means a separate rate
				schedule of a wastewater utility for one or more established customer service
				areas.
(3) "Utility Valuation
				Expert" means a person qualified as an expert in the appraisal of utility plant
				whose proficiency is demonstrated and established pursuant to subsection (c) of
				this Rule.
(4) "Professional
				Engineer" means a person who has been duly licensed by the North Carolina State
				Board of Examiners for Engineers and Surveyors established by Chapter 89C of
				the General Statutes, including those persons who may be licensed by comity or
				endorsement.
(5) "Asset Purchase
				Agreement" means a contract for the sale of an existing wastewater system
				between a wastewater utility, as buyer, and a Local Government Utility, as
				seller, which is to be valued for purposes of rate base. The Asset Purchase
				Agreement shall reflect the price negotiated between the Public Utility
				purchaser and the Local Government Utility.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 11 › Section 11 R11-01 - UNIFORM SYSTEM OF ACCOUNTS

Current through Register Vol. 39, No. 2, July 15, 2024
All union bus terminal operators are required to keep their
				  accounts and records in conformity with the Uniform System of Accounts for
				  Union Bus Terminals as adopted by this Commission.
NCUC Docket No. M-100,
				  Sub 15, 11/8/67.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-01 - DECLARATION OF PUBLIC POLICY

Current through Register Vol. 39, No. 2, July 15, 2024
The Utilities Commission, hereinafter referred to as the
				  "Commission," declares that it is in the public interest that any utility
				  requiring a deposit from its customer shall fairly and indiscriminately
				  administer a reasonable policy reflected by written regulations, in accord with
				  these rules, for the requirement of a deposit for connecting utility service,
				  or for an existing customer to continue or to reconnect service. A cash deposit
				  to establish, maintain or reestablish service shall be required only in
				  compliance with these rules, and to avoid, to the extent practicable, the
				  creation of a burden arising from uncollectible bills which would have to be
				  borne ultimately by all the utility's ratepayers. Any utility requiring a
				  deposit shall apply a deposit policy in accord with these rules in an equitable
				  and nondiscriminatory manner to all applicants for service and to all customers
				  throughout the service area without any different application in any part
				  thereof, and such deposit policy shall be predicated upon the credit risk of
				  the individual without regard to the area in which he lives.
NCUC Docket No. M-100,
				  Sub 28, 5/6/70.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-02 - ESTABLISHMENT OF CREDIT BY CUSTOMER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Each
				utility may require an applicant for service to satisfactorily establish credit
				which will be deemed established if:
(1) The
				applicant owns the premises to be served or other real estate within the
				county, unless the applicant is an unsatisfactory credit risk; or
(2) The applicant demonstrates that he is a
				satisfactory credit risk by appropriate means including, but not limited to,
				references which may be quickly and inexpensively checked by the utility;
				or
(3) The applicant has been a
				customer of the utility for a similar type of service within a period of
				twenty-four consecutive billings preceding the date of application and during
				the last twelve consecutive billings for that prior service has not had service
				discontinued for nonpayment of bill or had more than two occasions in which a
				bill was not paid when it became due; provided, that the average periodic bill
				for such previous service was equal to at least fifty per centum of that
				estimated for the new service; and provided further, that the credit of the
				applicant is unimpaired; or
(4) The
				applicant furnishes a satisfactory guarantor to secure payment of bills for the
				service requested in a specified amount not to exceed the amount of the cash
				deposit prescribed in Rule R12-4 of these rules; or
(5) The applicant makes a cash deposit to
				secure payment of bills for service as prescribed in Rule R12-4 of these
				rules.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-03 - REESTABLISHMENT OF SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An
				applicant for service who previously has been a customer of the utility and
				whose service has been discontinued by the utility during the last twelve
				months of that prior service, because of nonpayment of bills, may be required
				to reestablish credit in accordance with Rule R12-2 of these rules;
except
that an applicant for residential service shall not be
				denied service for failure to pay such bills for classes of nonresidential
				service.
(b) Subject to the
				additional requirements of Rule R12-17 for telephone utilities, a customer who
				fails to pay a bill within a reasonable period after it becomes due and who
				further fails to pay such bill within five (5) days after presentation of a
				discontinuance of service notice for non-payment of bill (regardless of whether
				or not service was discontinued for such nonpayment) may be required to pay
				such bill, together with a reasonable reconnection charge, if service was
				discontinued after notice as provided in Rule R12-8, and reestablish his credit
				by depositing the amount prescribed in Rule R12-2 of these rules in case the
				conditions of service or basis on which credit was originally established have
				materially changed.
(c) A customer
				may be required to reestablish his credit in accordance with Rule R12-2 of
				these rules in case the conditions of service or basis on which credit was
				originally established have materially changed.
NCUC Docket No. M-100,
				  Sub 28, 5/6/70; NCUC Docket No. P-100, Sub 140,
				  4/3/00.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-04 - DEPOSIT; AMOUNT; RECIEPT; INTEREST

Current through Register Vol. 39, No. 2, July 15, 2024
(a) No utility
				shall require a cash deposit to establish or reestablish service in an amount
				in excess of two-twelfths of the estimated charge for the service for the
				ensuing twelve months; and, in the case of seasonal service, in an amount in
				excess of one-half of the estimated charge for the service for the season
				involved (except that in the case of seasonal natural gas customers, the cash
				deposit may not be in an amount in excess of one-third of the estimated charge
				for the service for the season involved). Each utility, upon request, shall
				furnish a copy of these Rules to the applicant for service or customer from
				whom a deposit is required, and such copy shall contain the name, address, and
				telephone number of the Commission.
(b) Upon receiving a cash deposit, the
				utility shall furnish to the applicant for service or customer, a receipt
				showing:
(i) the date thereof; (ii) the name
				of the applicant or customer and the address of the premises to be served or
				served; (iii) the service to be furnished or furnished; and (iv) the amount of
				the deposit and the rate of interest to be paid thereon.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-05 - REFUND OF DEPOSIT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon
				discontinuance of service, the utility shall promptly and automatically refund
				the customer's deposit plus accrued interest, or the balance, if any, in excess
				of the unpaid bills for service furnished by the utility. A transfer of service
				from one premises to another within the service area of the utility shall not
				be deemed a discontinuance within the meaning of these rules.
(b) On one stated date each calendar year,
				each utility company shall review its customers deposit accounts and shall
				automatically refund the deposit of any customer who has paid his bills for
				service for the preceding twelve consecutive bills without having had service
				discontinued for nonpayment of bill or had more than two occasions in which a
				bill was not paid when it became due, and the customer is not then delinquent
				in the payment of his bills.
(c)
				The utility shall promptly return the deposit, plus accrued interest, at any
				time upon request, if the customer's credit has been otherwise established in
				accordance with Rule R12-2 of these rules.
(d) At the option of the utility, a deposit,
				plus accrued interest, may be refunded, in whole or in part, at any time
				earlier than the times hereinabove prescribed in this rule.
NCUC Docket No. M-100,
				  Sub 28, 5/6/70.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-06 - RECORD OF DEPOSIT

Current through Register Vol. 39, No. 2, July 15, 2024
Each utility holding a cash deposit shall keep a record
				  thereof until the deposit is refunded. The record shall show:
(a) the name and current billing address of
				each depositor; (b) the amount and date of the deposit; and (c) each
				transaction concerning the deposit.
NCUC Docket No. M-100,
				  Sub 28, 5/6/70.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-07 - APPEAL BY APPLICANT OR CUSTOMER

Current through Register Vol. 39, No. 2, July 15, 2024
Each utility shall direct its personnel engaged in initial
				  contact with an applicant for service or customer, seeking to establish or
				  reestablish credit under the provisions of these rules, to inform him, if he
				  expresses dissatisfaction with the decision of such personnel, of his right to
				  have the problem considered and acted upon by supervisory personnel of the
				  utility. Each utility shall further direct such supervisory personnel to inform
				  such an applicant or customer, who expresses dissatisfaction with the decision
				  of such supervisory personnel and requests governmental review, of his right to
				  have the problem reviewed by the Commission and shall furnish him the name of
				  the Commission official to be contacted and his address and telephone number.
				  Any customer who is not satisfied as to his deposit requirement by informal
				  complaint to the Commission may file a written complaint with the Commission to
				  be served on the utility under the procedure of Rule R1-9.
NCUC Docket No. M-100,
				  Sub 28, 5/6/70.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-08 - DISCONTINUANCE OF SERVICE FOR NONPAYMENT

Current through Register Vol. 39, No. 2, July 15, 2024
No utility shall discontinue service to a customer or impose
				  toll denial for nonpayment of bill without first having diligently tried to
				  induce the customer to pay the same and until after at least five (5) calendar
				  days written notice of discontinuance of service to the customer. The written
				  notice may be given by first-class mail, or by other delivery to the premises
				  served, or by other legal means of service of process, and the five (5) days'
				  notice period shall begin to run from the day following deposit of the notice
				  in the post office or from the day of otherwise delivery of the notice to the
				  premises served, or from the day of other legal service. Provided, however,
				  that in the case of any customer who has a record of abuse of or excessive use
				  of metered or toll service for which the customer's deposit would not furnish
				  security for such five (5) days' notice period, service may be discontinued
				  after 24-hour notice. Further provided, that in the case of any residential
				  telephone customer who has a record of abuse of or excessive use of toll
				  service for which the customer's deposit would not furnish security for such
				  five (5) days' notice period, local service may not be discontinued but toll
				  service may be globally denied after 24-hour notice. A report of all such
				  service disconnections or toll denials made on such 24-hour notice under this
				  proviso shall be filed with the Utilities Commission within thirty (30) days
				  after the discontinuance of service.
NCUC Docket No. M-100,
				  Sub 28, 5/6/70; NCUC Docket No. P-100, Sub 140,
				  4/3/00.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-12 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For purposes of the rules set forth in this Chapter, the
				  following definitions shall apply:
(a)
				"Advertising" means the commercial use, by a public utility, of any media,
				including newspaper, printed matter, bill insert, radio, television, social
				media, or other means of communication, in order to transmit a message to a
				substantial number of members of the public or to such public utility's
				customers.
(b) "Political
				advertising" means any advertising for the purpose of influencing public
				opinion with respect to legislative, administrative, or electoral matters, or
				with respect to any issue of public importance.
(c) "Promotional advertising" means any of
				the following:
(1) advertising for the
				purpose of encouraging any person to select or use the service or additional
				service of any utility or the selection or installation of any appliance or
				equipment designed to use such utility's service, where such appliance,
				equipment, or service would promote or encourage indiscriminate and wasteful
				consumption of energy contrary to subsection (d)(5) of this rule,
(2)  advertising intended to enhance the
				utility's image or to achieve other objectives not related to the provision of
				utility service and,
(3) advertising
				intended to compete with other utility service providers for additional
				customers or load.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-14 - ADVERTISING BY TELEPHONE COMPANIES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In
				ascertaining reasonable operating expenses pursuant to
				G.S.
				62-133, no telephone company shall be
				permitted to recover from its ratepayers any direct or indirect expenditure
				made by such utility for political advertising as defined in Rule R12-12 or for
				nonutility advertising.
(b)
				Political advertisements as defined by Rule R12-12 and other nonutility
				advertisements shall be accompanied by the following statement or a statement
				substantially to the following effect:
THIS MESSAGE IS NOT PAID FOR BY THE CUSTOMERS OF (the
				  telephone company sponsoring the advertisement).
This statement shall be so located and of such size so as to
				  be readily visible or audible to those individuals who may be exposed to the
				  advertisement or communication.
(c) Expenditures made by a telephone company
				for advertising of a type or nature other than that which may be defined as
				political or nonutility in nature shall be considered by the Commission on a
				case-by-case basis in order to determine the extent to which such expenditures
				may represent reasonable operating expenses for rate-making purposes.
NCUC Docket No. M-100,
				  Sub 80, 10/14/80.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 12 › Section 11 R12-17 - DISCONNECTION, DENIAL, AND BILLING OF TELEPHONE SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				For purposes of this rule, the following definitions shall apply:
(1) For purposes of this rule, "Local
				service" includes basic local exchange service (including extended area service
				[EAS]), expanded local calling (ELCA), and any other NCUC-regulated telephone
				service offered by a single corporate entity within a single LATA.
(2) "Charges for local service" include
				charges for local service, as defined in Rule R12-17(a)(1), the state sales tax
				and federal excise tax associated with local service, the subscriber line
				charge (SLC), the primary interexchange carrier charge (PICC) applied by and on
				behalf of the local carrier, the local number portability (LNP) charge, and
				state and federal universal service surcharges applied by and on behalf of the
				local carrier. "Charges for local service" do not include charges applied by
				the local carrier on behalf of another carrier or entity, the E911 and
				telecommunications relay service surcharges or other nonregulated charges,
				e.g., charges for intraLATA toll service, interLATA toll service, or operator
				service, charges for voicemail, Internet service, inside wiring, customer
				premises equipment, and wireless service.
(3) "Bundled local service" is a combination
				of local service, as defined above, and one or more other services, either
				regulated or nonregulated, which are offered either by a local service provider
				alone, or by a local service provider jointly with one or more other
				entities.
(4) "Toll denial" is the
				blocking of an end user's ability to place intraLATA and interLATA toll calls.
				Such intraLATA and interLATA toll calls include all interexchange calls which
				are not included in an end user's charges for local services. "Toll service"
				includes the provision of such interexchange calls, whether charged to the end
				user on a per call or flat fee basis. "Global toll denial" occurs when the
				local service provider blocks the end user's access to toll services, whether
				offered by the local service provider or an interexchange carrier, by
				restricting dialing patterns that access toll services in accordance with Rule
				R12-17(d)(3). "Selective toll denial" occurs when access is blocked to one
				carrier's toll facilities, but the end user is able to access another carrier's
				facilities for completion of toll calls.
(5) "Unbundled MTS" is intraLATA measured
				toll service not provided on a significantly discounted or flat rate basis as
				part of a package with local service.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 13 › Section 11 R13-02 - PSP ACCESS LINE OR TRUNK

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All PSP
				instruments and all voiceless facsimile devices operated for compensation,
				other than those located in detention areas of confinement facilities and
				connected through line concentrators as specified in Rule R13-6 following, must
				be connected to the telephone network through PSP access lines furnished by the
				access line provider. Except as specified in Rule R13-6, connection through
				other facilities or systems is prohibited.
(b) All PSP instruments and all voiceless
				facsimile devices connected to the network through line concentrators as
				specified in Rule R13-6 require the use of PSP trunks furnished by the access
				line provider for connection of the line concentrator to the network.
NCUC Docket No. P-100,
				  Sub 84, 3/28/86; 11/17/87; 2/8/88; 2/11/88; 10/11/88; 6/14/89; 6/16/89;
				  8/31/89; 1/12/90; 3/29/90; 6/9/93; NCUC Docket No. P-100, Sub 84a,
				  10/7/97.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 13 › Section 11 R13-03 - CERTIFICATE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every PSP,
				before offering any telephone service other than voiceless-facsimile service,
				shall obtain a certificate (COCOT or PSP certificate) from the Commission. A
				certificate is not required for provision of voiceless facsimile
				service.
(b) Application shall be
				made on a form specified by the Commission.
(c) Every holder of a COCOT or PSP
				certificate wishing to offer automated collect service shall first obtain
				specific additional authority from the Commission to do so. Application for
				additional authority shall be made on a form specified by the Commission. PSPs
				making initial application for PSP certification may request authority to offer
				automated collect service on the initial application.
(d) Every PSP is responsible for ensuring
				that the name which appears on the COCOT or PSP certificate also appears on all
				access line provider bills for lines installed pursuant to that certificate.
				The PSP is responsible for ensuring that the information which appears on its
				certificate is kept current.
(e)
				Copies of the COCOT or PSP certificate must be provided to the access line
				provider prior to the establishment of service.
NCUC Docket No. P-100,
				  Sub 84, 3/28/86; 11/17/87; 2/8/88; 2/11/88; 10/11/88; 6/14/89; 6/16/89;
				  8/31/89; 1/12/90; 3/29/90; 7/2/96; NCUC Docket No. P-100, Sub 84a,
				  10/7/97.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 13 › Section 11 R13-04 - REQUIRED NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The following
				information must be posted at each PSP instrument other than those located in
				the detention areas of local, state, or federal confinement facilities:
(1) The appropriate emergency number (911,
				operator or other).
(2) Clear
				operating instructions and procedures for handling repair, refunds, and billing
				disputes.
(3) The current telephone
				number of the PSP access line and the local address.
(4) The name and address of the PSP. The name
				and address shown on the instrument must be the same as those shown on the
				COCOT or PSP certificate.
(5) The
				charge for a local sent-paid coin call, including notice of any time limits
				that are imposed on the call.
(6)
				The charge, if any, for directory assistance calls, unless such notice is given
				by voice message when the end user attempts to place such a call.
(7) The name of the carrier to which 0+, 00-,
				and 00+ calls will be routed. In the event that a PSP changes the carrier to
				which 0+, 00-, or 00+ calls will be routed, the name of the new carrier must be
				posted within 30 days.
(8) Whether
				international calling capability is blocked from the PSP instrument, unless
				such specific notice is given by voice message when the end user attempts to
				place such a call.
(9) Clear
				operating instructions and the charges for any enhanced services offered by the
				PSP from the PSP instrument.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 13 › Section 11 R13-07 - AUTOMATED COLLECT CAPABILITY

Current through Register Vol. 39, No. 2, July 15, 2024
PSP instruments may be arranged or programmed to provide
				  automated collect calling and the PSP may bill called parties who agree to pay
				  for calls, provided:
(a) The PSP has
				secured the authority to furnish such service as specified by Rule
				R13-3(c);
(b) The PSP instrument is
				arranged or programmed to require a positive response from the called party
				indicating willingness to pay for the call before completing the call, and to
				terminate the call without charge in the absence of a positive
				response;
(c) Except in the case of
				a call originated from a confinement facility, if the recipient of an automated
				collect call does not act to either accept or reject the call, the call must be
				terminated and a call must be initiated to an operator of a certified carrier,
				or instructions must be provided on how to compete the call using an operator
				of a certified carrier. In the case of a call originated from a confinement
				facility, the call must be terminated;
(d) The PSP must use a local or certified
				interexchange carrier to transmit all communications involved in the
				call;
(e) The PSP shall block or
				arrange for blocking of automated collect calls to 900, 976, 950, 700, 10xxx
				and 101xxxx codes;
(f) The billing
				authority granted by this rule may be exercised only in connection with
				automated collect calls;
(g)
				Authorization to employ automated collect capability must not be taken to allow
				restriction of the end user's ability to make other types of calls, such as
				customer-dialed credit card or sent paid coin caller (see Rules R13-5(i) and
				(j)); and
(h) The PSP shall be
				considered the operator service provider for all automated collect calls, and
				automated collect service provided by PSPs shall be subject to all of the
				operator service provider disclosure requirements set forth in Rule
				R13-5(u).
NCUC Docket No. P-100,
				  Sub 84, 3/28/86; 11/17/87; 2/8/88; 2/11/88; 10/11/88; 6/14/89; 6/16/89;
				  8/31/89; 1/12/90; 3/29/90; NCUC Docket No. P-100, Sub 84a, 10/7/97; NCUC Docket
				  No. P-100, Sub 72b, 01/02/04.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 13 › Section 11 R13-08 - FACSIMILE SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
Providers of facsimile service:
(a) May charge an unregulated rate for the
				facsimile portion of the service; and
(b) Shall conspicuously display rates and
				charges for the facsimile portion of the service on or near the facsimile
				device.
NCUC Docket No. P-100,
				  Sub 84, 3/28/86; 11/17/87; 2/8/88; 2/11/88; 10/11/88; 6/14/89; 6/16/89;
				  8/31/89; 1/12/90; 3/29/90; NCUC Docket No. P-100, Sub 84a,
				  10/7/97.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 13 › Section 11 R13-09 - CHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
The PSP is responsible for ensuring that calls originated or
				  terminated at his PSP access line or trunk are rated in accordance with the
				  following:
(a)
Local
				Sent-paid
. Pursuant to Federal Communications Commission preemption of
				state authority over local coin rates, PSPs are permitted to charge
				market-based rates for local coin calls.
(b)
Directory Assistance
.
				Pursuant to Federal Communications Commission preemption of state authority
				over intrastate directory assistance charges, PSPs are permitted to charge
				market-based rates for intrastate directory assistance calls.
(c)
0+ Other Than Automated
				Collect
. The end user of a PSP instrument may not be charged by the
				PSP for a 0+, 10xxx-0+, 101xxxx0+, or 950 local or toll call billed to a
				calling card, to a third number, or to the called party (collect).
(d)
0+ Local Automated Collect
				Station-to-Station.
The recipient of a local automated collect
				station-to-station call may not be charged more for the call than would have
				been charged by Windstream Concord Telephone, Inc. for a local collect
				station-to-station call.
(e)
0- Calls
. All PSP instruments outside of confinement
				facilities must allow access to the access line provider operator at no charge.
				The PSP may not impose a charge on the end user for completion of 0- local and
				toll calls billed to a calling card, a third number, or the called number
				(collect).
(f)
8XX (Toll
				Free Number) Calls
. The end user of a PSP instrument may not be
				charged for the carriage and completion of any 8XX (toll free number)
				call.
NCUC Docket No. P-100,
				  Sub 84, 3/28/86; 11/17/87; 2/8/88; 2/11/88; 10/11/88; 6/14/89; 6/16/89;
				  8/31/89; 1/12/90; 3/29/90; 8/13/92; 7/2/96; NCUC Docket No. P-100, Sub 84a,
				  10/7/97; 5/28/98; NCUC Docket No. P-100, Sub 72b, 01/02/04; NCUC Docket No.
				  P-100, Sub 84c, 05/01/08.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 13 › Section 11 R13-10 - SEMIPUBLIC SERVICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any semipublic
				service subscribed to from a LEC or LEC-affiliated PSP on or before October 7,
				1997 must be allowed to continue until April 7, 1998. During this period, the
				semipublic service must be provided to the subscriber under the same monthly
				rates and conditions that applied immediately prior to detariffing of the
				service. On April 7, 1998, the monthly rates and conditions for service
				provided under this provision shall cease to be subject to Commission
				regulation.
(b) The monthly rates
				and conditions for semipublic service initially subscribed to after October 7,
				1997 are not subject to Commission regulation.
(c) Rules R13-1 through R13-9 shall apply to
				the provision of any semipublic service.
NCUC Docket No. P-100,
				  Sub 84a, 10/7/97.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 14 › Section 11 R14-01 - APPLICATION

Current through Register Vol. 39, No. 2, July 15, 2024
This Chapter governs sharing and/or resale of telephone
				  service as authorized by
				  G.S.
				  62-110(d).
The relationship between sharers/resellers (providers) and
				  the local exchange telephone company shall be governed by the filed tariff of
				  the telephone company except as provided elsewhere in this Chapter.
NCUC Docket No. P-100,
				  Sub 97, 2/26/88.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 14 › Section 11 R14-02 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
Same
				contiguous premises.
Property under common ownership or management
				that is not separated by property owned or managed by others. Property will be
				considered contiguous even if intersected by a public thoroughfare if, absent
				the thoroughfare, the property would be contiguous.
(b)
Shared use and resale of
				telephone service.
A telecommunication arrangement where two or more
				unrelated parties located on the same contiguous premises utilize a common
				telephone service. This arrangement is also referred to as "shared tenant
				services" or "STS."
(c)
Provider
. The subscriber to the local exchange telephone
				company offering shared and/or resold service to others.
(d)
End-user.
The party to
				whom resold or shared service is provided. End-users are persons or firms which
				are considered business subscribers under the regulations of the local exchange
				telephone company or are members of the exception group.
(e)
Exception group.
End-users who share service provided by a provider and who are patrons of
				hospitals, nursing homes, rest homes, licensed retirement centers, members of
				clubs or students living in quarters furnished by educational institutions, or
				persons temporarily subleasing residential premises.
NCUC Docket No. P-100,
				  Sub 97, 2/26/88.