New York Codes, Rules and Regulations › Title 16 - DEPARTMENT OF PUBLIC SERVICE › Chapter VI - TELEPHONE AND TELEGRAPH CORPORATIONS › Subchapter A - Service › Part 609 - Rules Governing Provision Of Telephone Service To Residential Customers › Section 609.5 - Suspension or termination of residential basic local exchange service-special procedures

Current through Register Vol. 46, No. 28, July 10, 2024
This section provides special protections for residential
					 customers regarding the suspension or termination and restoration of basic
					 local exchange service in cases involving medical emergencies, the elderly,
					 blind or disabled.
(a) Medical
				  emergencies.
(1) No telephone corporation
				  shall suspend, terminate or refuse to restore basic local exchange service and
				  any access determined by the customer's doctor to be necessary to reach the
				  customer's doctor when a medical emergency exists, for which certification by a
				  medical doctor or local board of health may be required, for nonpayment of
				  monthly charges in an amount set by the commission; provided, however, that a
				  demonstration of the customer's inability to pay charges for service may be
				  required before a certificate of medical emergency can be renewed pursuant to
				  paragraphs (3) and (4) of this subdivision, unless the commission or its
				  designee directs otherwise.
(2) A
				  medical emergency exists when a resident of a customer's residence suffers from
				  a serious illness or medical condition which severely affects the resident's
				  well-being and the absence of such telephone service would create a serious
				  risk of inaccessibility of emergency medical assistance, assistance relating to
				  medical care or professional advice. An inability to pay charges for service is
				  demonstrated when a customer is unable to pay past due and current telephone
				  bills because of insufficient liquid assets and current income, considering
				  other necessary and reasonable expenses of the customer such as food, shelter
				  and medical expenses, which may be documented by provisions of the information
				  required in the form set in Appendix 17 of this Title or such other form
				  approved by the commission.
(3)
				  Certification. An initial certification of a medical emergency by a medical
				  doctor or local board of health may be made by telephone and shall remain
				  effective if written certification is provided thereafter to the telephone
				  corporation within five business days. A telephone corporation may require that
				  any certification of a medical emergency shall be submitted on stationery of
				  the medical doctor or local board of health, shall be signed by the medical
				  doctor or an official of the local board of health qualified to make a medical
				  judgment and shall state the name and address of the certifying medical doctor
				  or local board of health, the doctor's State registration number, the name and
				  address of the seriously ill person, the nature of the serious illness or
				  medical condition any service beyond basic local exchange services which may be
				  necessary to reach the customer's doctor because of the medical condition and
				  an affirmation that the customer suffers from a serious illness or a medical
				  condition that severely affects the resident's well-being and that the absence
				  of such telephone service would create a serious risk of inaccessibility of
				  emergency medical assistance, assistance relating to medical care or
				  professional advice. The certificate shall be effective for 30 days from the
				  time the telephone corporation receives an oral or written certification,
				  whichever occurs earlier. In deciding whether the conditions for a medical
				  emergency are met, the medical doctor or qualified official of the local board
				  of health should use his or her best judgment. A telephone corporation
				  receiving an initial certificate shall promptly so notify the customer in
				  writing and shall provide information on renewal of certificates, including the
				  form set forth in Appendix 17 of this Title, or such other form approved by the
				  commission, if the telephone corporation intends to make a determination
				  concerning a customer's ability to pay charges for service. The telephone
				  corporation also shall issue a reminder notice on renewal of certificates seven
				  days prior to the expiration of the certificate.
(4) Certificate renewal. If the medical
				  condition is likely to continue beyond the expiration of an initial
				  certification, a certificate may be renewed, provided:
(i) a medical doctor or qualified official of
				  the board of health states in writing to the telephone corporation the expected
				  duration of the medical emergency, and explains either the nature of the
				  medical emergency or the reason why the absence of such telephone service would
				  create a serious risk of inaccessibility of emergency medical assistance or
				  assistance relating to medical care or professional advice; and
(ii) the customer demonstrates an inability
				  to pay charges for service. A customer may be required, before the expiration
				  of the initial certification, to submit to the telephone corporation the
				  information required in the form set forth in Appendix 17 of this Title, or
				  such other form approved by the commission for the purpose of demonstrating an
				  inability to pay charges for service. A telephone corporation shall, within
				  five days of submission of such information, determine whether the customer's
				  liquid assets and current income are insufficient to pay such telephone bills,
				  considering other necessary and reasonable expenses of the customer such as
				  food, shelter, medical and other necessary expenses. Whenever a telephone
				  corporation determines that a customer has not demonstrated a financial
				  hardship, it shall provide the customer with written notice of determination
				  and the customer's right to review of the determination by the commission or
				  its authorized designee. A telephone corporation shall stay any suspension or
				  termination activity pending its determination on the customer's ability to pay
				  and any review of such determination by the commission or its authorized
				  designee. A renewed certificate shall remain in effect for 30 days, provided
				  that in cases certified as chronic by a medical doctor or qualified official of
				  the local board of health, the renewed certificate shall remain in effect for
				  60 days or such longer period as may be approved by the commission or its
				  designee. The telephone corporation may require that the statement of financial
				  hardship shall be completed and submitted to the telephone corporation whenever
				  a certificate is renewed.
(5) No telephone corporation shall suspend or
				  terminate such service to a residential customer after the expiration of a
				  certification of medical emergency or after the telephone corporation
				  determines and the commission or its designee concurs that the customer has an
				  ability to pay charges for service without first sending the customer a final
				  notice of suspension or termination at least eight days prior to suspension of
				  outgoing service and 20 days prior to the date of termination.
(6) While certification of medical
				  emergencies remains in effect, customers shall remain liable for payment of
				  telephone service and shall make reasonable efforts to pay charges for such
				  service. The authorized designees of the commission shall be available to offer
				  assistance to customers for working out equitable payment arrangements in order
				  to avoid substantial arrearages at the end of a medical emergency.