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 609.3 - Applications for residential basic local exchange service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Extension of service.
(1) Consistent with the provisions of this
				  section, every telephone corporation shall provide basic local exchange service
				  to an applicant upon his or her oral or written request.
(2) A telephone corporation shall not be
				  obligated to provide service to an applicant who owes the telephone corporation
				  money for basic local exchange service provided to a prior account in his or
				  her name unless:
(i) the applicant makes full
				  payment for such service provided to any such prior account in his or her
				  name;
(ii) the applicant agrees to
				  make payments under a deferred payment plan, not to exceed three months, of any
				  amount due for basic local exchange service to a prior account in his or her
				  name if the applicant qualifies for such a plan by having been a customer for
				  three months and service was not terminated for nonpayment during that period
				  and if the amount due has not been the subject of a previous deferred payment
				  plan under this subdivision;
(iii)
				  the applicant has pending a billing dispute pursuant to section
				  609.16 
				  of this Part with respect to any amounts due for service to a prior account in
				  his or her name and has paid any amounts required to be paid pursuant to those
				  provisions; or
(iv) the commission
				  or its authorized designee directs the provision of service, who may require
				  such extension of service to be made within 24 hours or less.
(3) A telephone corporation shall
				  not be obligated to provide service to an applicant who has reportable charges,
				  or has been terminated for nonpayment within the past six months, with any
				  other telephone corporation unless the applicant agrees to:
(i) pay a deposit in accordance with the
				  provisions of section
				  609.9 
				  of this Part; or
(ii) make advance
				  payment of an amount not to exceed two times the average monthly bill for basic
				  local exchange service. Such payment shall be applied to charges for local
				  service on the first and subsequent bills, until it has been liquidated. The
				  telephone corporation may not condition service upon payment in advance for any
				  person it knows to be a recipient of public assistance, supplemental security
				  income, or additional State payments.
(4) The telephone corporation may request
				  either a deposit or payment in advance, but not both, as a condition of
				  service.
(5) A telephone
				  corporation shall be obligated to provide service to any applicant who meets
				  the requirements of this section within five business days of receipt of a
				  completed oral or written application for service or such later time as may be
				  specified by the applicant, except:
(i) where
				  prevented by labor strikes or precluded by law;
(ii) where precluded by consideration of
				  public safety;
(iii) where the
				  applicant fails to pay, or agree in writing to pay, reasonable chargeable
				  material and installation costs relating to temporary or permanent line
				  extensions, or otherwise fails to comply with any applicable requirements of
				  the commission's rules;
(iv) where
				  precluded by physical impediments including:
(a) adverse weather conditions;
(b) inability to gain access to premises in
				  the possession of the applicant or others when necessary;
(c) incomplete construction of necessary
				  facilities by the applicant or inspection thereof by the appropriate
				  authorities; or
(d) incomplete
				  construction of necessary facilities by the telephone corporation.
the telephone corporation shall make reasonable efforts to
					 eliminate conditions preventing extension of service and shall pursue
					 completion of any facilities it must construct with due diligence; or
(v) where directed by
				  the commission or its authorized designee, who may require such extension of
				  service to be made within 24 hours or less.
(6) An oral application for service shall be
				  deemed completed when an applicant who meets the requirements of this section
				  provides his or her name, address, and address of prior account, if any or
				  prior telephone number, if any. A telephone corporation may establish
				  nondiscriminatory procedures to require an applicant to provide reasonable
				  proof of the applicant's identity.
(7) A telephone corporation may require an
				  applicant to complete a written application if:
(i) there are reportable charges from a
				  previous account with any telephone corporation at the premises to be served;
				  or
(ii) the application is made by
				  a third party on behalf of the person(s) who would receive service.
A written application may require the submission of
					 information required in an oral application, and reasonable proof of the
					 applicant's responsibility for service at the premises to be supplied. A
					 telephone corporation requiring a written application shall so notify an
					 applicant as soon as practicable after the request for service is made, and in
					 no event more than three business days after such request, and shall state the
					 basis for requiring a written application. A written application containing the
					 required information shall be deemed completed when received by the
					 utility.
Comment:When a written application is permitted, a
					 telephone corporation may require the applicant to provide a copy of a lease
					 (if one exists), deed, bill of sale or other documentation to show the date the
					 applicant became responsible for service. A telephone corporation may also
					 require an applicant to validate the applicant's prior address.
(8) Subject to the
				  requirements of paragraph (5) of this subdivision, whenever a residential
				  customer moves to a different dwelling within the service territory of the same
				  telephone corporation and requests residential service within 12 months, he or
				  she shall be eligible to receive service at the different dwelling, and such
				  service shall be considered a continuation of service in all respects, with any
				  deferred payment agreement, and with all rights honored; provided, however,
				  that such customer's prior service was not terminated for nonpayment more than
				  10 days before the request for service.
(9) A telephone corporation shall extend
				  service to an applicant for residential basic local exchange service, whose
				  application for service has previously been denied, within five business days
				  unless a later time is requested by the applicant, after the following events:
(i) elimination of all the conditions
				  specified in paragraphs (2)-(5) of this subdivision which resulted in the
				  denial of service; or
(ii) by
				  direction of the commission or its authorized designee, who may require such
				  extension of service to be made within 24 hours or less.