Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS › Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS › Subchapter B - CUSTOMER SERVICE AND PROTECTION › Section 26.28 - Suspension or Disconnection of Service

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Dominant certificated telecommunications utility (DCTU).
(1) Suspension or disconnection policy. If a
				  DCTU chooses to suspend or disconnect a customer's basic local
				  telecommunications service, it must follow the procedures in this subsection or
				  modify them in ways that are more generous to the customer in terms of the
				  cause for suspension or disconnection, the timing of the suspension or
				  disconnection notice, and the period between notice and suspension or
				  disconnection. Each DCTU is encouraged to develop specific policies for
				  suspension and disconnection that treat its customers with dignity and respect
				  for customers' or members' circumstances and payment history, and to implement
				  those policies in ways that are consistent and non-discriminatory. Suspension
				  or disconnection are options allowed by the commission, not requirements placed
				  upon the DCTU by the commission.
(2) Suspension or disconnection with notice.
				  After proper notice pursuant to paragraph (7) of this subsection, a DCTU may
				  suspend or disconnect basic local telecommunications service for any of the
				  following reasons:
(A) failure to pay
				  tariffed charges for local telecommunications services or make deferred payment
				  arrangements by the date of suspension or disconnection;
(B) failure of a residential customer to pay
				  long distance charges incurred after toll blocking was imposed;
(C) failure of a non-residential customer to
				  pay long distance charges only where the DCTU bills those charges to the
				  customer pursuant to its tariffs or billing and collection contracts, or make
				  deferred payment arrangements by the date of suspension or
				  disconnection;
(D) failure to
				  comply with the terms of a deferred payment agreement except as provided in
				  §
												RSA
				  26.29 of this title (relating to Prepaid
				  Local Telephone Service (PLTS));
(E) violation of the DCTU's rules on the use
				  of service in a manner which interferes with the service of others or the
				  operation of nonstandard equipment, if a reasonable attempt has been made to
				  notify the customer and the customer has a reasonable opportunity to remedy the
				  situation;
(F) failure to pay a
				  deposit pursuant to §
												RSA
				  26.24 of this title (relating to Credit
				  Requirements and Deposits); or
(G)
				  failure of the guarantor to pay the amount guaranteed, when the DCTU has a
				  written agreement, signed by the guarantor, that allows for disconnection of
				  the guarantor's service for nonpayment.
(3) Suspension or disconnection without
				  notice. Basic local telecommunications service may be suspended or disconnected
				  without notice, except as provided in §
											RSA
				  26.29 of this title, for any of the following
				  reasons:
(A) where service is connected
				  without authority;
(B) where
				  service was reconnected without authority; or
(C) where there are instances of tampering
				  with the DCTU's equipment, evidence of theft of service, or other acts to
				  defraud the DCTU.
(4)
				  Suspension or disconnection prohibited. Basic local telecommunications service
				  may not be suspended or disconnected for any of these reasons:
(A) failure to pay for any charges that are
				  not provided for in a DCTU's tariffs;
(B) failure to pay for a different type or
				  class of utility service unless charges were included on the bill at the time
				  service was initiated;
(C) failure
				  to pay charges resulting from underbilling that is more than six months before
				  the current billing, except for theft of service;
(D) failure to pay disputed charges until a
				  determination is made on the accuracy of the charges; or
(E) failure of a residential customer to pay
				  for any charges other than for tariffed residential local telecommunications
				  services, except for the nonpayment of long distance charges incurred after
				  toll blocking was imposed.
(5) Suspension or disconnection on holidays
				  or weekends. A DCTU shall not suspend or disconnect service on holidays or
				  weekends, or the day before a holiday or weekend, unless DCTU personnel are
				  available on those days to take payments and reconnect service. A DCTU may
				  suspend or disconnect service on holidays or weekends, or the day before a
				  holiday or weekend, when:
(A) a dangerous
				  condition exists;
(B) notice is not
				  required pursuant to paragraph (3) of this subsection; or
(C) the customer requests
				  disconnection.
(6)
				  Suspension or disconnection for ill and disabled. No DCTU may suspend or
				  disconnect service at the permanent residence of a delinquent customer if that
				  customer establishes that such action will prevent the customer from summoning
				  emergency medical help for someone who is seriously ill residing at that
				  residence.
(A) Each time a customer seeks to
				  avoid suspension or disconnection of service under this subsection, the
				  customer before the date of suspension or disconnection shall:
(i) have the person's attending physician
				  (for purposes of this subsection, the term "physician" shall mean any public
				  health official, including, but not limited to, medical doctors, doctors of
				  osteopathy, nurse practitioners, registered nurses, and any other similar
				  public health official) contact the DCTU by the stated date of
				  disconnection;
(ii) have the
				  person's attending physician submit a written statement to the DCTU;
				  and
(iii) enter into a deferred
				  payment plan.
(B) The
				  prohibition against suspension or disconnection provided by this subsection
				  shall last 63 days from the issuance of the DCTU bill or a shorter period
				  agreed upon by the DCTU and the customer or physician.
(7) Suspension and disconnection notices. Any
				  suspension or disconnection notice issued by a DCTU to a customer shall:
(A) not be issued to the customer before the
				  first day after the bill is due. Payment of the delinquent bill at a DCTU's
				  authorized payment agency is considered payment to the DCTU;
(B) be a separate mailing or hand delivery or
				  sent electronically if requested by the customer, with a stated date of
				  suspension or disconnection and with the words "suspension notice," or
				  "disconnection notice," or similar language prominently displayed on the
				  notice;
(C) have a suspension or
				  disconnection date that is not less than ten days after the notice is
				  issued;
(D) be in English and
				  Spanish;
(E) for residential
				  customers, indicate the specific amount owed for tariffed local
				  telecommunications services required to maintain basic local telecommunications
				  service; and
(F) include a
				  statement notifying customers that if they need assistance paying their bill,
				  or are ill and unable to pay their bill, they may be able to make some
				  alternative payment arrangement or establish a deferred payment plan. The
				  notice shall advise customers to contact the DCTU for more
				  information.
(8)
				  Residential customer payment allocations. Payment allocations related to basic
				  local telecommunications service suspension or disconnection are as follows:
(A) Payments shall first be allocated to
				  basic local telecommunications service.
(B) If services are bundled, the rate of
				  basic local telecommunications service shall be the DCTU's charge for
				  stand-alone basic local telecommunications service.
(9) Toll blocking.
(A) The DCTU may toll block a residential
				  customer for the nonpayment of long distance charges.
(B) Access to toll-free numbers. Where
				  technically capable, toll blocking shall allow access to toll-free
				  numbers.
(C) Nondiscriminatory
				  application. The DCTU shall not apply toll blocking in an unreasonably
				  preferential, prejudicial, or discriminatory manner.
(D) Notice requirement. The DCTU shall notify
				  the customer within 24 hours of initiating toll blocking.
(10) Release of telephone line.
(A) Upon a request to switch a current
				  customer to another local service provider, the DCTU shall release the
				  customer's telephone line and number to the preferred provider in a manner to
				  expedite the switch without disruption in service.
(B) Upon a request to switch a suspended
				  customer to another local service provider, the DCTU shall release the
				  customer's telephone line and number within five days after the request is
				  received. Upon a request to switch a disconnected customer to another local
				  service provider, the DCTU shall release the customer's telephone line within
				  five days after the request is received.
(C) A DCTU shall not refuse to release a
				  customer's telephone line and number due to the non-payment of a
				  bill.