reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 2 - PAYMENTS FOR SERVICE › Section 14:10-2.4 - Voluntary suspension

Current through Register Vol. 56, No. 14, July 15, 2024
Telecommunications service shall, at the request of a
				  customer, be temporarily suspended. The suspension period may be for any period
				  exceeding one month or such lesser period as specified in the tariff. Each
				  telephone utility's tariff shall provide a suspension of service rate
				  chargeable during such period.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 3 - NUMBER RECLAMATION › Section 14:10-3.2 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may, in accordance with this
				section, investigate and determine whether a service provider has complied with
				FCC requirements regarding the use of numbering resources, set forth at
				47
				CFR §§
										52.7 through 20.
(b) Each service provider shall ensure that
				the NANPA and Board staff have up-to-date contact information for the service
				provider at all times, including contact name, telephone number, fax number,
				street address, and electronic mail address.
(c) When the Board receives from NANPA a list
				of service providers that have failed to file a Part 4 Form, as defined at
				N.J.A.C.
				14:10-3.1, within the deadline set forth in
				the Guidelines, Board staff shall send written notice to the listed service
				providers, requiring submittal of the Part 4 Form to the Board.
(d) Within 14 days after receiving the notice
				required under (c) above, the listed service providers shall submit to the
				Board all of the following:
1. A properly
				completed Part 4 Form;
2. Written
				proof that the service provider has activated all of its assigned numbering
				resources, so that the numbers are serving end-users or are programmed and
				ready to serve end-users. Examples of proof that Board staff may require
				include, without limitation, a list of telephone numbers assigned, or service
				orders; and
3. The number of end
				users to which the service provider has assigned numbers in the NXX code or
				thousands-block.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 3 - NUMBER RECLAMATION › Section 14:10-3.3 - Extension of Part 4 Form submittal deadline

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a
				service provider meets the requirements of this section, Board staff shall
				grant an extension to the 14-day deadline set forth at
				N.J.A.C.
				14:10-3.2(d). Board staff
				shall grant an extension to the service provider, of up to 90 days from the
				date the service provider's Part 4 Form was initially due. More than one
				extension may be granted upon a showing of good cause.
(b) To obtain an extension under this
				section, a service provider shall submit an extension request to Board staff in
				writing. The request shall include all of the following:
1. The reason for the delay in activating the
				service provider's numbering resources;
2. The projected date upon which the service
				provider will activate the numbering resources;
3. The duration of the extension
				requested;
4. The role played in
				causing the delay, if any, of the act or omission of a person other than the
				service provider during the six months after the service provider was assigned
				the numbering resources;
5. A list
				of the numbering resources that are the subject of the extension
				request;
6. A list of all of the
				numbering resources assigned to the service provider in the same exchange area
				as those that are the subject of the extension;
7. A copy of any prior extensions that the
				service provider has obtained from the Board; and
8. The service provider's current deadline
				under the Guidelines for placing the numbering resources that are the subject
				of the extension in service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 4 - NON-FINANCIAL REPORTING REQUIREMENTS › Section 14:10-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section sets forth the non-financial
				reporting requirements for ILECs and CLECs that provide intrastate
				telecommunications services to end-users in New Jersey.
(b) Each carrier shall submit to the Board an
				unredacted copy of its semi-annual FCC Local Telephone and Competition and
				Broadband Reporting Form 477. The carrier shall submit the form to the Board
				annually, within five days after the carrier files the form with the
				FCC.
(c) Each carrier shall retain
				all background and supporting documentation used to develop the information
				required by this subchapter, and shall make the documentation and information
				available for inspection by Board staff upon request.
(d) A carrier may submit a confidentiality
				claim with regard to any information required under this subchapter, in
				accordance with the Board's OPRA rules at N.J.A.C. 14:1-12.
(e) Board staff may require an audit of some
				or all of the data collected from carriers on an annual basis.
(f) (Reserved)
(g) The submittal to the Board shall include
				all proprietary data required and provided to the FCC.
(h) The submittals required pursuant to this
				section shall be certified to be accurate by an officer of the carrier and
				shall be submitted in electronic form to the Board Secretary.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 5 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 14:10-5.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter governs the provision of
				competitive telecommunications services, as defined in
				14:10-1.2,
				that are subject to the jurisdiction of the New Jersey Board of Public
				Utilities.
(b) This subchapter
				applies to the following:
1. Local exchange
				carriers and intrastate interexchange carriers offering competitive services;
				and
2. Competitive services offered
				by CLECs and ILECs.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 5 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 14:10-5.2 - Informational filings of rates, terms, and conditions of service

Current through Register Vol. 56, No. 14, July 15, 2024
A telecommunications carrier shall make available its rates,
				  terms, and conditions of service and/or product guide for all of its retail
				  competitive services for public inspection on its website and a printed copy of
				  its rates, terms, and conditions of service and/or product guide must be
				  provided upon request of a customer. A telecommunications carrier providing
				  such services, shall provide the Board and Rate Counsel with a link to the
				  carrier's website where its rates, terms, and conditions of service and/or
				  product guide are located, for inclusion on the Board's
				  website.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 5 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 14:10-5.3 - Revisions of rates, terms, and conditions of service that increase charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Revisions of rates, terms, and conditions
				of service and/or product guide regarding existing competitive
				telecommunications services, which create increased charges to any customer
				shall become effective no sooner than five business days after notice of the
				revision as described at (b) below, without the requirement of prior Board
				approval.
(b) The carrier shall
				notify the public of a revision of rates, terms, and conditions of service
				and/or product guide that increase charges to customers in one of the following
				ways, at least 15 days before the increase becomes effective:
1. By direct mail to all affected customers
				who already receive the service;
2.
				By invoice message to all affected customers, delivered electronically to those
				customers with electronic billing;
3. By bill insert or by invoice message
				through direct mail for those customers with paper invoice billing;
				or
4. By Internet notification,
				such as posting information on the carrier's web page for affected customers
				who have given the carrier prior consent to receive Internet notification of
				price changes.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 5 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 14:10-5.4 - Revisions of rates, terms, and conditions of service that do not increase charges

Current through Register Vol. 56, No. 14, July 15, 2024
Revisions of rates, terms, and conditions and/or product
				  guide to existing retail competitive telecommunications services that do not
				  increase charges to any customer shall become effective one day after notice of
				  the revision as described at
				  N.J.A.C.
				  14:10-5.3(b), without the
				  requirement of prior Board approval; except that a revision for withdrawal of a
				  service offering shall be governed by
				  N.J.A.C.
				  14:10-5.7.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 5 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 14:10-5.5 - Initial CLEC offering of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A CLEC filing a
				petition for local exchange authority shall include an initial offering of
				service, listing the rates, terms, and conditions of service. Except for an
				offering found to be deficient pursuant to (c) below, the initial offering
				shall be effective concurrent with the Board's grant of local exchange
				authority to the CLEC. The offering must be posted on the CLEC's website, as
				required pursuant to
				N.J.A.C.
				14:10-5.2.
(b) All initial offerings of a CLEC shall be
				certified to be accurate, and in compliance with existing law, by an officer of
				the CLEC.
(c) Should an initial
				offering be inconsistent with existing laws, Board staff shall forward a letter
				of deficiency to the submitting CLEC. The deficiency letter shall:
1. List the deficiencies;
2. Identify the submittals required to
				correct the deficiencies;
3.
				Provide a deadline for the submittals required pursuant to (c)2 above;
				and
4. Notify the submitting CLEC
				that the service is suspended until the Board receives the necessary submittals
				required pursuant to (c)2 above.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 5 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 14:10-5.6 - Board monitoring of competitiveness

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In monitoring
				the competitiveness of telecommunications services and/or providers of those
				services, the Board may request any information necessary from a carrier. In
				addition, the Board may use information collected pursuant to N.J.A.C. 14:10-4
				to conduct an analysis as to whether individual services and/or the markets for
				telecommunications services are becoming more or less competitive.
(b) In conducting the analysis described
				under (a) above, the Board may:
1. Monitor
				the market shares of carriers as measured by number of calls, minutes of use,
				number of customers and customer complaints;
2. Use an economic measure of concentration
				or any other appropriate economic indicator, statistical technique or
				analytical tool to measure existing or projected market share and the
				competitiveness of individual services and providers; and/or
3. Use a customer survey to solicit
				information related to the perception of the level of competition by
				telecommunications end users.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 5 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 14:10-5.7 - Withdrawal of a competitive service from subscribers

Current through Register Vol. 56, No. 14, July 15, 2024
Any carrier providing competitive services may withdraw a
				  competitive service from subscribers after 30 days notice to all of its
				  affected customers and the Board. Where a carrier is withdrawing a service from
				  its entire customer base within New Jersey, and is not offering a replacement
				  service, the carrier must file a certification with the Board that all the
				  provisions at N.J.A.C. 14:10-12for mass migration of customers have been
				  complied, prior to withdrawing the service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 5 - COMPETITIVE TELECOMMUNICATIONS SERVICES › Section 14:10-5.8 - Discontinuance of a competitive service offering

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to acting pursuant to
				  N.J.A.C.
				  14:10-5.7 to withdraw a competitive service,
				  a carrier may withdraw competitive service from new customers, but legacy a
				  competitive service after providing one day notice of the discontinuance to all
				  customers and the Board. As used in this section, "legacy" means offering a
				  service that is no longer available to new customers, but is still provided to
				  existing customers.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 6 - OPERATOR SERVICE PROVIDERS › Section 14:10-6.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter shall apply to the
				following, as these terms are defined at
				14:10-1.2:
1. Operator service providers;
2. Alternate operator service providers;
				and
3. Aggregators, including those
				that offer similar services to an operator service provider, from an instrument
				other than a public pay telephone.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 6 - OPERATOR SERVICE PROVIDERS › Section 14:10-6.2 - AOS rates for intrastate operator-assisted calls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				alternate operator service provider may charge the following maximum rates:
1. For a local or non-local intrastate
				calling card call that does not require the intervention or use of a live
				operator (that is, an "0+" calling card call at a transient location), and is
				no longer than five minutes, the maximum rate shall be $ 2.75;
2. For a local or non-local intrastate call
				that requires a live operator (that is, an "0-" operator assisted call at a
				transient location), and is no longer than five minutes, the maximum rate shall
				be $ 4.25;
3. For a collect call
				that does not use a live operator, but uses a voice prompt, the rate shall be
				the same as for an operator assisted call under (a)2 above;
4. For a call described at (a)1-3 above, that
				is greater than five minutes, an additional per minute rate may be charged, in
				addition to the charges under (a)1-3 above. The per minute rate shall equal the
				applicable per minute rate in the AT&T tariff contained on its website; and
5. Notwithstanding (a)4 above, an
				AOS's rate for a call described in (a)1, 2, or 3 above shall be capped at $
				5.25 ($ 4.25 plus $ 1.00). The AOS shall not charge more than $ 5.25 without
				prior Board approval. A request for Board approval of a higher rate shall
				conform to the requirements for petitions at
14:1-5.12
.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 6 - OPERATOR SERVICE PROVIDERS › Section 14:10-6.3 - Penalties for violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any AOS
				provider which violates this subchapter shall be subject to the applicable
				penalty set forth in Table A below.
(b) Each violation of this subchapter shall
				constitute a separate and distinct violation, for which the Board may assess a
				separate penalty.
(c) If a
				violation is of a continuing nature, the Board may deem each day that the
				violation continues to be a separate and distinct violation, for which a
				separate and distinct penalty may be assessed.
(d) The penalty amounts for violations of
				this subchapter are set forth in Table A below:
TABLE A
Penalties for Violations
Violation
Penalty
Exceeding maximum rates authorized under N.J.A.C.
						  14:10-6. 2(a)
$ 5,000
Noncompliance with emergency call procedures set forth
						  at N.J. A.C. 14:10-6.1(g)
$ 5,000
Slamming, in violation of N.J.A.C. 14:10-11
$ 3,000
Noncompliance with the free access requirements at
						  14:10-6.1
$ 2,500
Noncompliance with rate quote requirements at
						  14:10-6.1
$ 2,000
or billing for uncompleted calls, in violation of
						  14:10-6.2(c)
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 6 - OPERATOR SERVICE PROVIDERS › Section 14:10-6.4 - Alternate operator service provider contact information

Current through Register Vol. 56, No. 14, July 15, 2024
AOS providers, as defined in
				  14:10-1.2, shall file with Board
				  staff the name, address and telephone number of the contact person responsible
				  for the resolution of customer complaints, regarding the performance of the AOS
				  provider. This information shall be kept up to date.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 7 - ACCESS TO ADULT-ORIENTED INFORMATION-ACCESS TELEPHONE SERVICE › Section 14:10-7.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				applies to any entity that elects to provide subscribers with access to
				adult-oriented information-access telephone service in the State.
(b) This subchapter shall apply to both "976"
				services, which are accessed by a seven digit telephone number of the form
				NXX-XXXX, and "900" or "700" services, which are accessed by a 10 digit
				telephone number of the form 900-NXX-XXXX or 700-NXX-XXXX, as well as any
				future access arrangement for adult-oriented information-access telephone
				service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 7 - ACCESS TO ADULT-ORIENTED INFORMATION-ACCESS TELEPHONE SERVICE › Section 14:10-7.3 - Restrictions on access to adult-oriented services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No telephone
				utility shall provide a subscriber with access to adult-oriented
				information-access telephone service in the State without written authorization
				from the subscriber.
(b) LECs
				offering seven digit adult-oriented information-access telephone service shall
				assign all lines providing such service to the same Central Office code, or
				codes (NXX).
(c) LECs and IXCs
				offering 10 digit adult-oriented information-access telephone service shall
				assign all lines accessing such service to the same 900-NXX or 700-NXX code or
				codes.
(d) An LEC or IXC that
				offers adult-oriented information-access telephone service shall do one or more
				of the following to ensure that non subscribers do not obtain access to the
				service:
1. Ensure that all lines used for
				that service are blocked, except as necessary to provide service to subscribers
				enrolled pursuant to
				14:10-7.4(a);
2. Require as a condition of service that
				adult-oriented information providers restrict access to the service for all
				callers except subscribers enrolled pursuant to
				14:10-7.4(a).
				Such LECs or IXCs shall be responsible for assurance that information providers
				restrict access in accordance with this rule; or
3. Require as a condition of service that an
				adult-oriented information provider scramble its transmissions, and supply
				audio descramblers to subscribers, so as to ensure that inadvertent or
				unauthorized access will not result in intelligent transmission.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 7 - ACCESS TO ADULT-ORIENTED INFORMATION-ACCESS TELEPHONE SERVICE › Section 14:10-7.4 - Subscriber requests for service; charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Telephone
				utilities or information providers offering intrastate adult-oriented
				information-access telephone service shall require submittal of the following
				prior to granting a subscription to the service:
1. A written and signed subscriber request;
				and
2. An appropriate means of
				proof (such as a photocopy of a birth certificate or a valid State driver's
				license), in the same name as the customer of record listed on the telephone
				account, that the requesting subscriber is over 18 years of age.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 9 - PUBLIC PAY TELEPHONE SERVICE › Section 14:10-9.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to the provision of public pay
				  telephone service (PPTS) as defined in
				  14:10-1.2, in New Jersey.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 9 - PUBLIC PAY TELEPHONE SERVICE › Section 14:10-9.2 - The PPTS instrument

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each PPTS instrument shall provide a
				dial-tone without requiring the caller to insert payment into the
				instrument.
(b) Each PPTS
				instrument shall allow consumers free access to the following calls, without
				use of coin or credit cards to originate such calls:
1. Operator calls ("0");
2. Access to toll-free service, including all
				800 numbers and 950 numbers;
3.
				Calls using access codes necessary to enable the caller to obtain access to the
				consumer's desired provider of operator services;
4. Completion of collect, third party billed,
				and carrier calling card calls;
5.
				Telecommunications Relay Service calls for the hearing disabled; and
6. Dialing and completion of 811 and 9-1-1
				calls.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 11 - ANTI-SLAMMING REQUIREMENTS FOR TSPs › Section 14:10-11.1 - Scope; general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				is intended to protect against unauthorized changes or "switches" in a
				customer's primary telecommunications carrier, also called a telecommunications
				service provider, as these terms are defined at
				14:10-1.2. This subchapter
				utilizes the term "telecommunications service provider" or "TSP" in place of
				the term "telecommunications carrier" in order to be consistent with FCC
				anti-slamming rules. The two terms have the same meaning.
(b) This subchapter applies to all TSPs,
				including LECs, telephone utilities, and resellers, as these terms are defined
				at 14:10-1.2.
(c) If a TSP has reasonable notice that a
				person representing or acting on behalf of the TSP has violated this
				subchapter, the TSP shall immediately take measures sufficient to prevent any
				further violations. For the purpose of this subsection, "reasonable notice"
				includes, but is not limited to, receipt by the TSP of one or more complaints
				of a violation.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 11 - ANTI-SLAMMING REQUIREMENTS FOR TSPs › Section 14:10-11.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Agent" means any person, as defined at
				  14:3-1.1, including, but not
				  limited to, employees, servants or marketers, acting on behalf of a TSP in
				  order to bring about, modify, affect performance of, or terminate mutual
				  obligations between a TSP and the customer.
"Authorized TSP" means a TSP that a customer has chosen as
				  its provider of a telecommunications service, through an authorization that has
				  been verified in accordance with this subchapter.
"Customer" means a person that meets any one or more of the
				  following criteria:
1. The party identified in the account records of the TSP as
				  responsible for payment of the telephone bill;
2. Any adult person (over the age of 18) authorized by such
				  party to change telecommunications services or to charge services to the
				  account; or
3. Any adult person contractually or otherwise lawfully
				  authorized to represent such party.
"Executing TSP" means any TSP that receives a change order
				  that complies with this subchapter and carries out a request that a customer's
				  TSP be switched. Any TSP may be treated as an executing TSP, if it is
				  responsible for any unreasonable delays in the execution of TSP switches,
				  including fraudulent authorizations in violation of this subchapter.
"Primary TSP" means the customer's chosen TSP for a
				  telecommunications service for which there are multiple providers. To the
				  extent permitted by statute, rule or Board order, a customer may select a
				  primary TSP for intrastate interLATA, intraLATA toll, and local exchange
				  telecommunications services, and may select the same or different TSP for each
				  type of service.
"Submitting TSP" means any TSP that:
1. Submits a change order on behalf of a retail or wholesale
				  customer, in order to request a switch in the customer's primary TSP;
				  and
2. Seeks to provide retail telecommunications services to the
				  customer.
"Unauthorized switch" means a change in a customer's
				  selection of a TSP, that was made without an authorization that was verified in
				  accordance with this subchapter.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 11 - ANTI-SLAMMING REQUIREMENTS FOR TSPs › Section 14:10-11.3 - Solicitation of authorization to change TSPs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				solicitations by a TSP for a customer's authorization to terminate that
				customer's existing primary TSP and to transfer said customer to a new primary
				TSP shall include a clear and conspicuous statement of the following:
1. The identity of the soliciting
				TSP;
2. That the solicitation seeks
				the customer's authorization to switch the customer's TSP from the customer's
				existing primary TSP to the soliciting TSP;
3. The types of services that will be
				affected by the switch; for example, local, regional, and/or long
				distance;
4. The soliciting TSP's
				current complete rates, fees, terms and conditions; and
5. All information that the soliciting TSP
				will require from the customer in order to assume accurate billing for the
				particular services involved in the switch.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 11 - ANTI-SLAMMING REQUIREMENTS FOR TSPs › Section 14:10-11.4 - Obtaining verified customer authorization; submitting a change order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To
				switch a customer from one primary TSP to another, the acquiring TSP shall
				submit a change order, which complies with this subchapter, to an executing
				TSP.
(b) No TSP shall submit a
				change order on behalf of a customer without first obtaining a verified
				authorization from the customer in accordance with this subchapter. Such an
				authorization may be obtained through any of the following means:
1. The customer's signature, either written
				or electronic, on a letter of agency, in accordance with
				14:10-11.5;
2. The customer's verbal authorization
				obtained by telephone in accordance with
				14:10-11.6;
				or
3. A third-party verification
				that meets the requirements at
				14:10-11.6.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 11 - ANTI-SLAMMING REQUIREMENTS FOR TSPs › Section 14:10-11.6 - Third-party verification of authorization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A submitting
				TSP may obtain a customer's authorization to submit a change order on the
				customer's behalf through an independent third-party verification in accordance
				with this section.
(b) The company
				that obtains a third-party verification shall be independent of the acquiring
				TSP. The third party shall not be owned, managed, controlled, or directed by
				the TSP or the TSP's marketing agent; shall not have any financial incentive to
				confirm primary TSP change orders for the TSP or the TSP's marketing agent; and
				shall operate in a location physically separate from the TSP or the TSP's
				marketing agent.
(c) A TSP may use
				third-party verification systems and three-way conference calls for
				verification purposes, so long as, the requirements of this section are
				satisfied. Automated systems shall provide customers with the option to speak
				with a live person at any time during the call.
(d) A TSP or a TSP's sales representative
				initiating a three-way conference call or a call through an automated
				verification system shall drop off once the three-way connection has been
				established, unless the third-party verifier obtains a waiver for this
				requirement from the FCC.
(e) All
				third-party verification methods shall elicit, at a minimum, all of the
				following:
1. Confirmation of the identity of
				the customer (for example, the customer's date of birth or social security
				number);
2. The date of the
				verification;
3. Confirmation that
				the person on the call is authorized to make the TSP switch;
4. Confirmation that the person on the call
				wants to make the TSP switch;
5.
				The names of the TSPs affected by the change;
6. Each of the telephone numbers that will be
				affected by the switch; and
7. The
				types of service being switched.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 11 - ANTI-SLAMMING REQUIREMENTS FOR TSPs › Section 14:10-11.7 - Requirements for the executing TSP

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A TSP that
				receives a primary TSP change order that has been solicited and verified in
				compliance with this subchapter shall execute the requested TSP change as soon
				as possible, and in no case later than three business days after a change order
				for toll services is submitted, whether intraLATA or interLATA; and no later
				than 30 business days after a change order for local exchange service is
				submitted.
(b) An executing TSP is
				not responsible for verifying whether or not a switch is authorized. The
				executing TSP merely performs the switch in accordance with (a) above after
				receiving a change order from the submitting TSP.
(c) The 30-day deadline set forth in (a)
				above for executing local exchange service change orders may be extended for
				good cause by Board staff. The extension shall last for 30 days, unless a
				different time period is agreed to by the customer and the TSPs involved in the
				switch; or if a different time period is required by Federal law or
				rule.
(d) The 30-day deadline set
				forth in (c) above for local exchange service may also be shortened by order of
				the Board pursuant to
				56:8-88.
(e) When an authorized change of a TSP is
				made, the acquiring TSP shall notify the customer of the change within 30 days
				of submitting the primary TSP change order to the executing carrier that serves
				the customers.
(f) The notice
				required under (e) above shall be separate from the acquiring TSP's billing
				statement and shall clearly and conspicuously include at least the following
				information:
1. That the information is being
				sent to confirm a primary telecommunications service provider change order, and
				to confirm the type of service being changed, that is, local, intraLATA or
				interLATA services;
2. The name of
				the customer's former telecommunications service provider, if that information
				is known to the acquiring TSP;
3.
				The name of the acquiring telecommunications service provider, with telephone
				number and address;
4. A
				description of any and all terms, conditions or charges that the customer will
				pay for the change and for service from the new TSP; and
5. The telephone number and address of both
				the Board of Public Utilities Division of Customer Assistance, at 44 South
				Clinton Avenue, 9th Floor, PO Box 350, Trenton, New Jersey 08625-0350, 1 (800)
				624-0241; and the Division of Consumer Affairs Consumer Service Center, at 124
				Halsey Street 7th Fl, PO Box 45027, Newark, New Jersey 07102 (973)
				504-6200.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 11 - ANTI-SLAMMING REQUIREMENTS FOR TSPs › Section 14:10-11.9 - TSP freezes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A TSP freeze is
				an additional restriction that prevents a switch in an end-user's primary TSP
				without the end-user's verified authorization for both of the following:
1. The lifting of the TSP freeze;
				and
2. The switch itself.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 11 - ANTI-SLAMMING REQUIREMENTS FOR TSPs › Section 14:10-11.10 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) TSPs shall
				adhere to a standard of due care when submitting and processing switches of
				primary TSPs. Adherence to this standard means that the TSP has taken all
				reasonable steps necessary to ensure compliance with this subchapter. There
				shall be a rebuttable presumption that any violation of this standard is
				"willful or intentional." The burden of proof shall be upon the submitting or
				executing TSP to rebut the presumption.
(b) Any TSP determined by the Board, after
				notice and hearing, to have violated this subchapter, or a Board order adopted
				pursuant to
				56:8-1 et seq., or to have
				violated any Federal law or regulation, relating to switches in primary
				telecommunications service providers, shall be subject to the following, as
				applicable:
1. Suspension or revocation of
				the TSP's authority to conduct business in the State;
2. Civil penalties within the following
				ranges:
i. Up to $ 7,500 for the first
				violation; and
ii. Up to $ 15,000
				per violation for each subsequent violation associated with a specific access
				line; and/or
3. Such
				other remedies, including, but not limited to, the ordering of restitution to
				customers as the Board deems appropriate.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 11 - ANTI-SLAMMING REQUIREMENTS FOR TSPs › Section 14:10-11.11 - Determination of penalties within statutory ranges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each violation
				as it relates to each separate access line shall be a separate and distinct
				violation, for which a separate penalty may be assessed. For example, if a
				customer has two telephone lines, and a TSP improperly switches the customer's
				primary TSP for long distance service on both lines, the TSP is liable for two
				violations. Similarly, if a customer has one telephone line, and a TSP switches
				both intraLATA and long distance service improperly on that telephone line, the
				TSP is liable for two violations.
(b) The Board may, in its discretion, adjust
				a penalty determined in accordance with this section, on the basis of one or
				more of the following factors:
1. The nature,
				circumstances and gravity of the violation, including the individual and
				cumulative effect on customers;
2.
				The degree of the TSP's culpability;
3. Any history or pattern of prior
				violations;
4. The prospective
				effect of the penalty on the ability of the TSP to conduct business;
5. Any good faith effort on the part of the
				TSP in attempting to achieve compliance;
6. The TSP's ability to pay the penalty;
				and/or
7. Any other factors the
				Board determines to be appropriate.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 12 - MASS MIGRATION UPON TSP DEPARTURE FROM A SERVICE TERRITORY › Section 14:10-12.2 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter governs any TSP operating
				in New Jersey and intending to depart a service territory or withdraw a
				telecommunications service from its entire base pursuant to N.J.A.C. 14:105.7,
				where that TSP does not intend to offer a replacement service.
(b) This subchapter also governs other TSPs
				that may acquire the end users who will no longer be served by a departing TSP
				and ILECs that serve a departing TSP's end users.
(c) This subchapter sets forth requirements
				to ensure the orderly migration and/or transfer of end users from a departing
				TSP to another TSP and also applies to transition of customers to another TSP
				due to withdrawal of a telecommunications service from the State pursuant to
				N.J.A.C.
				14:10-5.7.
(d) Board staff may, upon request and with
				good cause shown, waive provisions of this subchapter.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 12 - MASS MIGRATION UPON TSP DEPARTURE FROM A SERVICE TERRITORY › Section 14:10-12.4 - Board notice to other TSPs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board will
				maintain a TSP service list on its website. The service list will include all
				of the full facilities-based TSPs operating within New Jersey and either have a
				tariff on file with the Board or have it posted on the TSP's website. Each TSP
				is responsible for providing the Board with up to date information for the
				service list.
(b) Within seven
				business days after receiving an application to exit a service territory
				complying with
				14:10-12.3, the Board shall:
1. Post a notice on the Board's website;
				and
2. Send a notice to the TSPs on
				the service list, informing them of the TSP's planned date of departure from
				the service territory under
				14:10-12.3(b)2 
				iv and the cut-off date under
				14:10-12.3(b)2 
				v.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 12 - MASS MIGRATION UPON TSP DEPARTURE FROM A SERVICE TERRITORY › Section 14:10-12.5 - Notice to end users

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A departing TSP shall provide notice of
				its departure to its end users at least 30 days prior to its planned departure
				date, through a letter that complies with this section.
(b) If there is an acquiring TSP, the
				acquiring TSP shall, in accordance with FCC regulations at
				47 CFR §
										64.1120(e)(3), provide 30
				days notice to the departing TSP's end users, and also fulfill all of the
				notice requirements that apply to the departing TSP under this section,
				regardless of whether the departing TSP fulfills their notice
				obligations.
(c) The departing TSP
				shall send a copy of the letter required under (a) above, electronically to
				Board staff and each ILEC and network service provider that provides service in
				the area served by the departing TSP, at the same time as the letter is sent to
				the departing TSP's end-users. In addition, the electronic copy of the letter
				that is sent to the Board and each ILEC and NSP shall be accompanied by an
				attestation by an officer of the departing TSP that such notice has been mailed
				to all end users.
(d) An end user
				notification letter used to comply with this section shall do the following, at
				a minimum:
1. Identify the acquiring TSP, if
				one exists;
2. Inform the end user
				of its right to choose an alternative TSP (that is, a TSP other than the
				acquiring TSP);
3. Provide clear
				instructions to the end user as to how to choose an alternative TSP, which
				would include the Board's website for a complete list of licensed CLECs and or
				other sources of information that would give the end user an impartial choice
				for selection purposes;
4. If
				there is no acquiring TSP, inform the end user of the need to take prompt
				action to ensure continuation of service;
5. Provide a toll-free number for the
				departing TSP and, if one exists, for the acquiring TSP;
6. Clearly state the deadlines for end user
				action in accordance with this subchapter;
7. Provide applicable information about long
				distance service and whether it may be impacted by the migration; and
8. State the end user's responsibility for
				payment of telephone bills during the migration period.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 12 - MASS MIGRATION UPON TSP DEPARTURE FROM A SERVICE TERRITORY › Section 14:10-12.6 - Mass migration process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The departing
				and acquiring TSP shall designate a migration manager (or migration
				coordinator), who will be responsible for coordinating end user migrations
				between the departing TSP and the acquiring TSP.
(b) In accordance with Federal Communications
				Commission rules, on Preferred Carrier Freezes at
47 CFR
				64.1190
, incorporated herein by
				reference, as amended and supplemented, the departing TSP shall lift any
				existing preferred TSP freezes on a line involved in a mass migration, before
				the notification letter required under
14:10-12.5
is mailed to
				the departing TSP's end users. Therefore, an end user who wishes to have a
				preferred TSP freeze after a mass migration must contact their LEC to arrange a
				new freeze.
(c) In addition to the
				migration manager and the appointed program manager, each of the TSPs and if
				applicable the NSP involved in the migration shall appoint a project manager
				who will ensure that the TSP complies with this subchapter.
(d) The departing TSP shall provide the
				following network information to the acquiring TSP, the alternative TSP(s), the
				network service providers for the departing TSP, and the ILEC(s) providing
				service in the area served by the departing TSP, and the Board, at least 60
				days prior to the planned departure date:
1.
				For a mass migration in which the departing TSP is a UNE-L or a full
				facilities-based TSP, the departing TSP shall provide the applicable circuit
				IDs and associated telephone numbers, as well as billing names, addresses and
				location addresses of all end users;
2. For a mass migration in which the
				departing TSP is a UNE-P or a reseller the departing TSP shall provide a
				billing name for each end user, and an address and telephone number with the
				associated working telephone number(s); and
3. For all mass migrations, any other
				information necessary to enable the acquiring TSP(s) or the alternative TSP(s)
				to migrate the departing TSP's end users seamlessly.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 12 - MASS MIGRATION UPON TSP DEPARTURE FROM A SERVICE TERRITORY › Section 14:10-12.7 - End user lists to be supplied by departing TSP

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least 45
				days prior to the projected departure date, the departing TSP shall submit an
				end user list to the Board. Board staff may waive this requirement at the
				departing TSP's request due to competitive reasons.
(b) The end user list shall include:
1. End user name, including both listed name
				and billing name, where different from the listed name;
2. End user telephone number(s);
3. End user address, including both listed
				address and billing address, where different from the listed address;
4. End user class of service; and
5. Type of serving arrangements (UNE-P,
				resale, etc.).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 12 - MASS MIGRATION UPON TSP DEPARTURE FROM A SERVICE TERRITORY › Section 14:10-12.8 - Progress reports

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The departing TSP shall file a progress
				report with the Board on the departure date, which would include the following:
1. The number of the departing TSP's end
				users that have been transferred to another TSP;
2. The number of end users that are still
				with the departing TSP;
3. A list
				of all end user customer accounts listed as "priority" under
				14:10-12.7(c),
				that may be affected by the migration, including whether they have been
				transferred to another TSP; and
4.
				A list of any problems that have been encountered in complying with this
				subchapter, or with conducting the mass migration.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 12 - MASS MIGRATION UPON TSP DEPARTURE FROM A SERVICE TERRITORY › Section 14:10-12.9 - NXX code transfer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the departing TSP has any NXX codes or
				thousand number blocks assigned to it, the departing TSP shall make transfer
				arrangements with the North American Numbering Plan Administrator for NXX codes
				and for one thousand number blocks. The departing TSP shall ensure that the
				transfer of NXX codes and thousand number blocks occurs at least 66 days prior
				to the planned departure date.
(b)
				The transfers required under this section shall be accomplished in accordance
				with the Central Office Code (NXX) Assignment Guidelines issued by the Alliance
				for Telecommunications Industry Solutions (ATIS), and Thousands-Block (NXX-X)
				Pooling Administration Guidelines, Document number ATIS-PP-1000004,
				incorporated herein by reference, as amended and supplemented, developed by
				ATIS's Industry Numbering Committee, directed by the FCC to develop numbering
				procedures. These guidelines are available at
www.atis.org
.
(c) The departing TSP shall not disconnect
				NXX codes or thousand number blocks if any number within the range of numbers
				held by the TSP has been ported.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 12 - MASS MIGRATION UPON TSP DEPARTURE FROM A SERVICE TERRITORY › Section 14:10-12.10 - E-911 Number unlocking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A TSP that
				departs a service territory shall unlock all of its telephone numbers in the
				E-911 database, in accordance with the National Emergency Numbering Association
				(NENA) standards, so as to provide the acquiring TSP or alternative TSP with
				access to the departing TSP's end users' E-911 records.
(b) In unlocking its E-911 numbers, the
				departing TSP shall comply with NENA standards for local number portability,
				contained in NENA Recommended Data Standards For Local Exchange Carriers, ALI
				Service Providers & 9-1-1 Jurisdictions - NENA 02-011, which is
				incorporated herein by reference, as amended and supplemented, and may be
				obtained at
www.nena.org
.
(c) In addition, the departing TSP shall
				submit a letter to the appropriate E-911 service provider, authorizing the
				E-911 service provider to unlock any remaining E-911 records after the TSP's
				departure. This letter shall be provided at least 30 days prior to the TSP's
				planned departure date.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 12 - MASS MIGRATION UPON TSP DEPARTURE FROM A SERVICE TERRITORY › Section 14:10-12.11 - Local service request

Current through Register Vol. 56, No. 14, July 15, 2024
The acquiring TSP shall send a valid LSR, as defined at
14:10-12.1
, to the ILEC,
				  NSP, and/or the departing TSP at least 15 days prior to the planned departure
				  date.