Current through Register Vol. 49, No. 9, September, 2024
DEFINITIONS
Access Code
A sequence of numbers that when dialed, connect the caller to
an interexchange carrier or provider of operator services associated with that
sequence.
Aggregator
Any person or entity, excluding local exchange carriers and
commercial mobile service providers, that, in the ordinary course of its
operations, makes telephones available to the public or to transient users of
its premises, for intrastate telephone calls using a provider of operator
services.
Applicant
Any person or entity requesting telecommunications
service.
Arkansas Calling Plan Fund or "ACPF"
An annual allocation of Arkansas Intrastate Carrier Common Line
Pool (AICCLP) funds to assist in providing calling plans in telephone exchanges
pursuant to Ark. Code Ann. §
23-17-404(e)
(4) (D) (iii).
Automated Message Delivery Services (AMDS)
A service which provides a consumer who receives a busy signal
or no answer the option to automatically leave a message for subsequent
delivery.
Base Rate Area
A populated geographical area within the exchange service area
in which local exchange service is furnished at the same rate to all
subscribers without line mileage or construction charges. A map and legal
description of every base rate area must be filed as a tariff.
Branding
The process by which an operator service provider audibly and
distinctly identifies itself to every person using its operator
services.
Business Office
A location designated by a telecommunications provider where an
individual may arrange for service connection, make or arrange to make payments
on his bill, and ask questions regarding service or the status of his
account.
Busy Hour
Within the busy season, the sixty minute period during which a
specific central office switch, processes the greatest volume of
telecommunications traffic.
Busy Season
Within a calendar year, the period of time during which a
specific central office switch processes the greatest volume of
telecommunications traffic.
Central Office
A switching unit in a telecommunications system where
connections are made between customers' lines, and between customers' lines and
local or toll trunks.
Character of Service
The distinguishing features that identify the type of service
provided to the customer, for example, call waiting service.
Class of Service
A customer group which has similar characteristics such as
volume of use, time of use, extent of use and nature and purpose of use, as
classified by the telecommunications provider. For example, the business or
residential class of service.
Closed or "Finaled" Account
A permanent shut-off of service by a telecommunications
provider to a customer account.
Commission
The Arkansas Public Service Commission.
Competing Local Exchange Carrier or "CLEC"
A local exchange carrier that is not an incumbent local
exchange carrier.
Complaint
Any objection from an applicant or customer concerning a
charge, facility, rule, service, or other Commission-regulated activity that
requires:
(1) an investigation or an
account review; and
(2) corrective
action by a telecommunications provider.
EXCEPTIONS:
Trouble reports, as defined in these Rules, and initial calls
to the appropriate telecommunications provider resulting in unchallenged,
voluntary toll adjustments by the telecommunications provider, shall not be
considered complaints under this definition.
Customer
Any person or entity who has applied for and agreed to pay for
telecommunications service.
Customer Premises Equipment
Telecommunications equipment which is located on a customer's
premises, e.g., telephone instruments, PBX switches, etc.
Customer Premises Wiring
Telecommunications wiring which is located on a customer's
premises between the point of demarcation and the customer premises
equipment.
Extended Area Service (EAS)
As defined in Ark. Code Ann. §
23-17-403(28),
a mandatory fixed rate service that provides customers with unlimited local
calling that is not part of basic local exchange service.
Demarcation Point
An identifiable point at a customer's premises where operation
and maintenance responsibilities end for the telecommunications provider as
defined in Part 68 of the Rules of the Federal Communications
Commission.
Deposit
An amount paid to a telecommunications provider by an applicant
or customer to guarantee payment for telecommunications service.
Digital Switching
A connection in which digitally encoded information is routed
between an input and an output port by means of time-division multiplexing or
self-routing cell procedures rather than over a dedicated circuit.
Electing Company
A local exchange carrier that elects to be regulated pursuant
to Sections 6 through 8 or Section 12 of Act 77 of 1997.
Elderly Person
A residential customer who is at least 65 years old.
Eligible Telecommunications Carrier or
"ETC"
The local exchange carrier determined in accordance with Ark.
Code Ann. §
23-17-405
for the local exchange area. The carrier determined in accordance with
47
U.S.C. §
214(e) (3) for
an unallocated area (47
CFR §
54.203).
Emergency
A situation in which property or human life is in jeopardy and
the prompt summoning of aid is essential.
Extended Due Date
Regular monthly extension or change of a bill' s due date by a
telecommunications provider.
Extension of Telecommunications Facilities
Fund
An annual allocation of Arkansas Intrastate Carrier Common Line
Pool (AICCLP) funds to assist in the extension of telecommunications facilities
to persons not served by the wireline facilities of an ETC pursuant to Ark.
Code Ann.- §
23-17-404(e)
(4) (D) (ii).
Equal Access Code
An access code that allows the public to obtain equal access
connection to the carrier associated with that code.
Exchange Service Area
A unit established by a telecommunications provider for the
administration of telecommunications service in a specified area for which a
separate local rate schedule is provided. It may consist of one or more central
offices together with associated plant facilities used in furnishing
telecommunications services in that area.
Failure to Pay
Failure to pay includes payment by check, other negotiable
instrument, or automatic draft that is dishonored by a bank for reasons other
than bank error.
Incumbent Local Exchange Carrier or "ILEC"
With respect to a local exchange area, a local exchange
carrier, including successors and assigns, that is certified by the Commission
and was providing basic local exchange service on February 8, 1996.
Individual with Disabilities
Any residential customer who is certified to the
telecommunications provider as having a severe physical or mental impairment
which substantially limits his ability to pay for telecommunications service.
Certification shall be provided by a physician, licensed psychologist, the
United States Veterans Administration, the Social Security Administration, the
Arkansas Department of Human Services, the Arkansas State Hospital, or a
licensed mental health center.
Insufficient Funds Check
Any negotiable instrument such as a check or automatic bank
draft dishonored by a bank for reasons other than bank error.
Intercept Service
A service provided by the telecommunication provider which
intercepts calls placed to a disconnected telephone number and informs the
calling party of the status of the called number.
Interest
Interest rate set annually by the Commission for customer
deposits as required by Ark. Code Ann. §
23-4-206(b).
Interexchange Carrier
Any entity that is not a local exchange carrier and that
provides interexchange communication services to the public for compensation in
the State of Arkansas.
Interruption of Service
Temporarily stopping service for maintenance, testing, repair,
or safety.
Local Exchange Carrier or "LEC"
A telecommunications provider of basic local exchange service
and switched access service. Such term does not include commercial mobile
service providers.
Operator Services - Aggregator Location
Any intrastate telecommunications service initiated from an
aggregator location that includes, as a component, any automatic or live
assistance to a consumer to arrange for billing or completion, or both, of any
intrastate telephone call through a method other than automatic completion with
billing to the telephone from which the call originated, or completion through
an access Code used by the consumer with billing to an account previously
established with the carrier by the consumer.
Outage
An unplanned temporary loss of telecommunications service
caused by a malfunction of or damage to telecommunications provider facilities.
For example, a subscriber loop service outage exists if a dial tone is not
obtained, signaling in either direction is disabled, or transmission standards
are not maintained.
Payment Agent
A business located in the community which acts as an agent for
the telecommunications provider by accepting payments from customers.
Payment Date
The date the telecommunications provider or its authorized
agent receives payment on an account.
Petitioning Exchange Customers
Residential and business basic local exchange customers of the
ILEC requesting EAS.
Physician
Any person licensed to practice medicine by the Arkansas State
Medical Board or a comparable licensing authority of another state.
Pre-subscribed Provider of Operator
Services
The intrastate provider of operator services to which the
consumer is connected when the consumer places a call using a provider of
operator services without dialing an access code.
Public Utility or Utility
A jurisdictional utility as defined by Ark. Code Ann. §
23-1-101.
Rules or Commission Rules
These Telecommunications Providers Rules.
Serious Medical Condition
An illness or injury which results in a physician's
determination that the loss of telecommunications service would give rise to a
substantial risk of death or gravely impair health. A serious medical condition
shall exist in the case of elderly persons or infant children under the age of
12 months if a physician certifies that the loss of telecommunications service
will gravely impair health, regardless of the current existence of illness or
injury.
Splashing
The transfer of a telephone call from one operator service
provider to another in a manner that the subsequent provider is unable or
unwilling to determine the location of the origination of the call and, because
of such inability or unwillingness, is prevented from billing the call on the
basis of the originating location.
Subscriber Loop
A telecommunications circuit which provides a
telecommunications link between a customer's service location and the serving
switch.
Suspension of Service
A temporary shut-off of service by a telecommunications
provider without a customer request -- not an outage or an interruption of
service.
Tariff
A rate schedule, service regulation, price list, or other
document required to be filed as a tariff by the Commission's Rules of Practice
and Procedure.
Telecommunications Provider or "TP"
Any person, firm, partnership, corporation, association, or
other entity that offers telecommunications services to the public for
compensation.
Telecommunications Services
The offering to the public for compensation the transmission of
voice, data, or other electronic information at any frequency over any part of
the electromagnetic spectrum, notwithstanding any other use of the associated
facilities. Such term does not include radio and television broadcast or
distribution services, or the provision of publishing of yellow pages,
regardless of the entity providing such services, or services to the extent
that such services are used in connection with the operation of an electric
utility system owned by a government entity.
Telecommunications Traffic
A measure of the number of telecommunication calls processed
during a specific period. The measure includes the distribution in time and the
duration of calls.
Tier One Company
Any ILEC that, together with its Arkansas affiliates that are
also ILECs, provided basic local exchange services to greater than one hundred
fifty thousand (150,000} access lines in Arkansas as of February 4,
1997.
Trouble Report
Any verbal or written report given to a TP concerning an
operational problem with facilities or equipment. Billing complaints shall not
be considered as trouble reports for the purpose of this definition.
I.
GENERAL
SECTION 1.
APPLICABILITY, SCOPE AND
GENERAL REQUIREMENTSRule 1.01.
Applicability
These Rules shall apply to all TP whose activities bring them
under the jurisdiction of the Commission except commercial mobile service
providers.
Rule 1.02.
Purpose and Scope
A. These Rules set forth standards for
service by each TP. These Rules are intended to ensure adequate service,
prevent discrimination and unfair practices, and protect both the consumers and
TPs from unreasonable demands.
B.
Any service regulation, policy, procedure, rule, or service application, except
those approved in special contracts by this Commission or permitted by Act 77
of 1997, that conflicts with these Rules is void and unlawful, unless the TP
files a formal application for an exemption and the Commission approves it.
These Rules are not intended to, and do not, affect or replace any
Commission-approved regulation, policy, procedure, rule, or service application
of any TP which addresses items other than those covered in these
Rules.
C. Unless the context
otherwise requires, wherever the masculine gender is used in these Rules, it
shall include the feminine gender.
D. Unless the context otherwise requires,
wherever the singular form of a word is used in these Rules, it shall include
the plural form, and wherever the plural form is used, it shall include the
singular.
Rule 1.03.
Exemption from Rules
Amendments or exemptions to the Commission's Rules may be
granted by the Commission in conformity with the Commission's Rules of Practice
and Procedure, or as otherwise provided within these Rules.
Rule 1.04.
Duties under the
Law
These Rules shall in no way relieve any person or entity of any
duty under the laws of the State of Arkansas or the United States of
America.
Rule 1.05.
Discrimination Prohibited
A TP shall not unlawfully discriminate against an applicant for
service or an existing customer in the provision of telecommunications service
based on race, color, creed, religion, national origin, sex, marital status, or
receipt of public assistance.
Rule
1.06.
Retaliation Prohibited
A TP shall not retaliate against any applicant or customer for
exercising a right or enforcing an obligation created by any Commission Rule or
for acting within the law.
Rule
1.07.
Availability of Rules
A.
Telecommunications Providers
(1)
To Employees
Employees of a TP who are responsible for the application and
explanation of any of these Rules shall have ready access to those Rules which
apply to their respective job responsibilities. Ready access to the Rules means
that they are easily accessible to an employee in his work area at the TP's
offices.
(2)
To
Members of the Public
Each TP shall provide a copy of any pertinent part of these
Rules to an applicant or customer upon request.
B.
Arkansas Public Service
Commission
These Rules shall be on display and available for inspection in
the Office of the Secretary of the Commission. A copy of the Rules will be
provided to any member of the public upon request.
Rule 1.08.
Interest Payment
on DepositsA. A TP shall
pay interest annually on deposits pursuant to Ark. Code Ann. §
23-4-206.
B. Interest shall not accrue on any deposit
after the date the TP has made and documented a good faith effort to return the
deposit to the depositor.
Rule
1.09.
Service Availability
Each TP shall provide all services and offerings on a
continuous 24 hour basis. For example;
(1) Local and toll switched or non-switched
circuits and functions;
(2)
Equipment or personnel to receive customer trouble reports; and,
(3) Emergency repair service.
Rule 1.10.
Safe
and Adequate Service
A.
Each TP shall operate and maintain its entire system so that service is safe,
adequate, and reliable.
B. Each TP
shall inspect its entire system as necessary to have a reasonable knowledge of
the system's condition at all times.
Rule 1.11.
Construction
Standards
For new construction of TP plant, the current issues of the
American National Standard Institute's National Electrical Safety Code (NESC)
published by The institute of Electrical and Electronics Engineers, Inc.,
and/or the National Electrical Code (NEC) published by the National Fire
Protection Association, are designated as the standards.
Construction completed prior to the effective dates of current
standards shall be in accordance with the standards in effect at the time of
construction.
Rule 1.12.
Facility Identification
A. TP facilities shall be marked or numbered
in accordance with the current issues of the NESC to identify the owner and
location; e.g. Sections 217A3, 220D, and 220E in the 1993 NESC. The date the
facilities or equipment were first placed into service shall be recorded on
appropriate records.
B. When 2 or
more utilities jointly own a structure, each utility shall have a
distinguishing mark on the structure.
Rule 1.13.
Marking
Locations of Underground Facilities
Unless otherwise agreed to by the excavator, each TP shall mark
the approximate location of its underground facilities, in compliance with Ark.
Code Ann- §§
14-271-110
and
14-271-111,
within 2 business days of notification from the One Call Center or the
excavator.
II.
LOCAL SERVICE
SECTION 2.
CUSTOMER RELATIONS
Rule 2.01.
Service
Information
A.
Printing Requirements
(1) Each
LEC shall provide the information required in Rule 2.01.B. in the form of one
or more brochures, or include the information in the front of a telephone
directory distributed to all customers.
(2) The information required in Rule 2.01.B.
shall be in plain language and printed in a format that is easy to read and
understand. The information shall also state in bold print that the Arkansas
Public Service Commission requires LECs to provide this information.
B.
Information
Requirements
Each LEC provider shall provide the following information based
on the class of service:
(1) A list
and description of all rates for basic local exchange access service and any
discounts which would apply to that service;
(2) All billing plans and options available
to the customer;
(3) A summary of
rules and procedures for the payment, refund, and guarantee of
deposits;
(4) A summary of billing
rules and procedures;
(5) An
itemized bill description, if not shown on the bill;
(6) Procedures for verifying the accuracy of
a bill;
(7) A description of any
automatic adjustment charge;
(8) A
summary of the rules and procedures for paying bills to include payments made
to authorized payment agents;
(9) A
summary of the delayed payment agreement rules and procedures -- information on
delayed payment agreements shall say that a customer who is having difficulty
paying a LEC bill may, if qualified, make payments in installments;
(10) A summary of the rules and procedures
for suspension, reconnection, and termination of service;
(11) The options available to customers to
avoid shut-off of service when a customer is away for an extended
period;
(12) A summary of the rules
and procedures for giving someone else notice before shutting off a customer's
service (Third-Party Notification procedures);
(13) A summary of the rules and procedures
for helping households avoid shut-off when there is a serious medical
condition, elderly customer, or customer who is an individual with
disabilities;
(14) The local and/or
toll-free telephone numbers, and a statement that the customer may contact the
LEC for a list of authorized payment agents in the customer's area;
(15) Procedures for making a complaint to the
LEC and the Commission;
(16)
Toll-free and local telephone numbers of the Commission and the mailing and
street address of the Commission; and,
(17) A statement that these Rules are
available through each LEC's business office.
C.
Distribution Requirements
(1) To Applicants
Each LEC shall give all information required by Rule 2.01. to
each applicant.
(2) On
Request
Each LEC shall provide the information required under Rule
2.01. to anyone upon request.
LECs who include this information in the front of the telephone
directory may refer members of the public to their directory and are not
required to provide a copy of this information.
(3)
To Commission
A current copy of all information required by Rule 2.01. and
any revisions to that information shall be provided to the Commission's
Consumer Services Office.
D.
Tariffs
Each LEC shall keep on file and, upon request, provide access
to its current effective tariffs.
Rule 2.02.
Directory
Listing for Billing and Services
Each LEC shall list, in a local exchange directory covering any
area it serves, the telephone numbers that customers may call toll-free to
report problems or ask about bills or services. Collect calls accepted by the
LEC are considered to be toll-free calls.
Rule 2.03.
Customer Notice
of Rule and Service Changes
A. The General Staff of the Commission will
provide an annual summary of Commission-approved changes to the Rules. Each LEC
shall annually update the information required by Rule 2.01. The General
Staff's summary will not be legally binding.
B. If a LEC intends to change service in a
way that would substantially affect the provision of the service or the
operation of any device, or equipment, it shall notify all affected customers
by mail, bill insert, or other reasonable medium at least 30 days before the
change.
Rule 2.04.
Service, Usage, and Billing History
Information
Customers or former customers shall be able to obtain a
statement of the customer's account record as recorded under Rule 7.02. The
customer shall be informed at the time of the request of any charge for the
statement.
Rule 2.05.
Customer Service
A.
Service Requirements
LEC personnel who serve the public shall be familiar with the
content of all Commission Rules which apply to their respective job
responsibilities.
B.
Customer Access to Business Office Personnel
(1) Each LEC shall have personnel available
at all times during business hours with the authority to make delayed payment
agreements and handle customer questions and complaints.
(2) All customers shall have toll-free
telephone access to the appropriate business office. Collect calls accepted by
the LEC are considered to be toll-free calls.
C.
Payment Arrangements - Customer
Information and Referral
When a customer informs a LEC that he will have difficulty
paying a bill, the LEC shall offer to:
(1) Inform the customer of his rights and
obligations under Rule 6.12. covering delayed payment agreements;
and,
(2) Refer the customer to
personnel with the authority to make payment arrangements for the LEC as
required under Rule 6.12.
Rule 2.06
Complaints to the
Local Exchange Carrier
A LEC shall fully and promptly investigate all complaints. LECs
shall ensure that personnel follow these procedures and meet these
standards:
A.
Personnel
LEC employees responsible for dealing with the public shall
promptly handle complaints or refer them to someone who can handle the
complaint.
B.
Complaint Records
LECs shall record all complaints and keep the record as
required by Rule 7.04.
C.
Form of Complaint
A customer shall not be required to visit the business office
to make a complaint. A customer may make a complaint either orally or in
written form.
D.
Effect of Complaint on Suspension
(1) When a customer disputes a reason for
shutting off service, the LEC shall not suspend service while the LEC or the
Commission processes the complaint. If the reason for shutting off service is
Rule 6-01. A., D., E., F., H., O., or Q., the customer may be required to post
a deposit equal to the disputed amount while the LEC or the Commission
processes a complaint. The customer must pay any undisputed amounts by the date
printed on the most recent shut-off notice to avoid suspension of service. If
the LEC is in error, the deposit will be promptly refunded with
interest.
(2) The LEC may waive the
deposit allowed by this Rule.
(3)
Nothing contained in Rule 2.06.D.(1) shall prevent a customer who fails to post
a deposit under this Rule from complaining to the Commission, but such action
shall not affect the LEC's right to suspend service.
(4) The LEC may suspend service for some
other valid reason set out in Rule 6.01. while the LEC or the Commission
processes the complaint.
E.
Report
(1) A LEC shall report, either by telephone,
mail, or in person, the results of its investigation to a complainant within 3
business days of its completion.
(2) If the LEC does not resolve the
complaint, the LEC shall:
a. advise the
complainant of his right to complain to the Commission without incurring a
filing charge;
b. include the
mailing and street address and telephone numbers (local and toll-free) of the
Commission's Consumer Services Office; and,
c. advise the complainant that he may still
ask the Commission to review the complaint after suspension.
Rule 2.07.
Complaints to the Commission
A.
Informal Complaints
(1)
Information Required
Complaints may be in written or oral form. Complainants shall
give a name, address, name of the LEC involved, account number if known,
detailed description of the complaint, and the desired result.
(2)
Notice to Customer and
Local Exchange Carrier
Within 3 business days after receiving an informal complaint,
the Commission shall:
a. explain
complaint procedures to the complainant by telephone or in writing;
and,
b. provide the details of the
complaint to the LEC.
(3)
Local Exchange Carrier Contact for
Complaints
Each LEC shall give the Commission's Consumer Services Office a
current list of personnel who answer Commission questions about complaints. A
LEC representative with the authority to process Commission questions about
complaints must reasonably be available during business hours.
LECs shall immediately report any change in the contact
personnel to the Commission's Consumer Services Office.
(4)
Responses to Requests for
Information
A LEC shall respond to Commission inquiries concerning any
complaint as quickly as possible but not later than 15 days after
receipt.
(5)
Effect
Of Complaint on Suspension
a. When a
customer disputes a reason for shutting off service, the LEC shall not suspend
service while the LEC or the Commission processes the complaint. If the reason
for shutting off service is Rule 6.01.A., D., E., F., H., O., or Q., the
customer may be required to post a deposit equal to the disputed amount while
the LEC or the Commission processes a complaint. The customer must pay any
undisputed amounts by the date printed on the most recent shut-off notice to
avoid suspension of service. If the LEC is in error, the deposit will be
refunded with interest.
b. The LEC
may waive the deposit allowed by this Rule.
c. Nothing contained in Rule 2.07.A. (5)a.
shall prevent a customer who fails to post a deposit under this Rule from
filing a formal complaint with the Commission.
d. The LEC may suspend service for some other
valid reason set out in Rule 6.01. while the LEC or the Commission processes
the complaint.
(6)
Commission Investigation and Report
The Commission shall investigate each informal complaint, issue
an informal complaint investigation report to the complainant, and notify the
LEC of the results of the investigation. The Commission will provide the LEC a
copy of any written investigation report given to the complainant.
(7)
Disputed Results
The LEC or the complainant may file a formal complaint if not
satisfied with the informal complaint results. The Commission shall provide
information to the complainant which explains formal complaint
procedures.
SECTION 3.
APPLICATION FOR
SERVICERule 3.01.
Application for Service.
A.
Application Methods
New service, additional service, transfer of service, or a
change in service may be requested in writing, or, at the discretion of the
LEC, by telephone.
B.
Record of Application
Each LEC must keep a record of each written or verbal
application for service as required by Rule 7.01.
C.
Precedence of Service
LECs shall not unreasonably discriminate in processing
applications for service. Priority shall be given, to applications involving
medical emergency, and public health and safety.
D.
Connection Deadlines
LECs shall connect service within the time frames required by
Rule 9.01.
E.
Information Provided at Time of Application
(1)
Explanations and Assistance
a. A LEC shall, if requested, inform
applicants about all rates, payment plans, and equipment options available for
the applicant's class of service.
b. A LEC shall explain how often a customer's
bill is mailed and when the bill is considered past due.
c. If a LEC requires a cooperative membership
fee, a security deposit or guaranty for the applicant to receive service, the
LEC shall explain requirements and payment options.
d. LECs shall tell applicants that
residential service connection fees may be billed in installments.
(2)
Expected Service
Data
When an applicant requests service, a LEC shall provide an
expected service date according to the service connection procedures in Rule
9.01.
Rule
3.02.
Application Form - Submission
Requirements
A current copy of the form to be used for the application for
service and any revisions to that form shall be provided to the Commission's
Consumer Services Office.
Rule
3.03.
Extension of Service
A.
Requirements for Extension of
Service
Extension of facilities shall be made according to:
(1) the requirements in Rules 9.01., 9.02.,
and 9.03., and the Commission's Rules of Practice and Procedure;
(2) the Extension of Service Agreement set
out in Subsection B of this Rule if the applicant is required to pay any cost;
and,
(3) the LEC's extension of
facilities tariff.
B.
Extension of Service Agreement
If service will be provided, the LEC shall provide the
Extension of Service Agreement to the applicant and explain any payment options
including the option in Rule 9.03. within 30 business days of receipt of the
application for service. If additional time is needed by the LEC during this
30-day period, the LEC will notify the applicant in writing of the reason for
delay.
If a cost to the applicant will, be required to extend service,
the LEC may require the applicant to sign an Extension of Service Agreement
before construction begins.
The Extension of Service Agreement shall include the
following:
(1) Name and address of the
applicant;
(2) Date of
application
(3) Location and
description of the service point;
(4) A summary of the engineering study, if
any;
(5) A sketch of the
construction route;
(6) Explanation
of all charges to the applicant in reasonable detail;
(7) Estimated starting date of
construction;
(8) Estimated
completion date of construction;
(9) Terms of payment; and,
(10) Customer reimbursement by the LEC, if
applicable.
Rule
3.04.
Refusing Service
A.
Reasons for Refusal
A LEC may refuse service to an applicant for the following
reasons:
(1) A bill from the LEC for
telecommunications service remains unpaid in the applicant's name;
EXCEPTIONS
A LEC may not refuse service to an applicant because of unpaid
bills for merchandise or non-telecommunications services purchased, rented, or
leased from or through the LEC.
(2) Application for service following the
relocation of the applicant and a former customer to new premises from premises
where a bill remains unpaid for service which was provided to the former
customer while the applicant was a full-time occupant;
(3) Application for service at premises where
there is an unpaid telecommunications bill and where:
a. the former customer who owed the bill
remains at the premises;
b. a
full-time occupant of the premises when the bill was incurred remains at the
premises; or,
c. a full-time user
of the service when, the bill was incurred remains at the premises.
(4) The applicant is not in
compliance with a Commission order, a delayed payment agreement, or an
extension agreement with the LEC entered with respect to service previously
rendered to the applicant;
(5) The
applicant has not paid an approved fee, charge, or deposit as provided for in
these Rules or the LEC's tariffs;
(6) The applicant has not furnished adequate
assurance of payment in the form of a deposit or other security for service
within 20 days of an order for relief under the United States Bankruptcy Code,
U.S.C.A. Title 11 § 366;
(7)
There is evidence that the applicant is using service in an unauthorized manner
or is tampering with the equipment furnished and owned by the LEC;
(8) A misrepresentation by the applicant
relevant to the conditions under which the applicant may obtain
telecommunications service;
(9) The
applicant has not provided acceptable evidence of identity. Acceptable evidence
includes the following:
a. driver's license
or state ID card;
b. military
ID;
c. ID from place of
employment;
d. social security
card;
e. current student
ID;
f. passport;
g. birth certificate; and,
h. any other evidence which would establish
identity;
If a LEC reasonably believes that the evidence offered is
unreliable, it may refuse to accept it and seek additional evidence from the
applicant.
(10)
The applicant is not in compliance with all state and/or municipal regulations
governing the service applied for;
(11) The applicant is not in compliance with
the currently effective tariffs;
(12) The service applied for is of such
character that it is likely to unfavorably affect the service to other
customers;
(13) The connection of
service to the applicant's equipment would create a hazard;
(14) The applicant is causing or threatening
injury to a LEC employee or an employee's family to retaliate for or prevent an
act the LEC performs in the course of business; or,
(15) The applicant is causing or threatening
damage to LEC property.
B.
Notice to Applicant
If a LEC refuses to serve an applicant, it shall give an
explanation in writing to the applicant within 7 business days. The explanation
shall include the following:
(1) The
reason for refusing service, including the applicable Commission
Rule;
(2) The conditions, if any,
under which service would be provided; and,
(3) The applicant's right to complain to the
Commission, including the local and toll-free telephone numbers and mailing and
street address of the Commission.
Rule 3.05.
Disputed Charge:
Providing ServiceA. When
a LEC refuses to serve an applicant for not paying a previous bill and the
applicant disputes the amount due, the applicant may complain to the
Commission.
B. A LEC may require a
deposit of the disputed amount before serving the applicant. However, a LEC may
waive this deposit.
C. Once a
deposit of the disputed amount is either posted or waived, the LEC shall serve
the applicant, pending final disposition of the dispute.
D. When the complaint is resolved, the LEC
shall promptly refund any part of the deposit found to be due the applicant
with interest from the date of the deposit.
SECTION 4.
DEPOSITS
Rule 4.01.
Deposits from
Applicants
A.
Conditions
A LEC may require a deposit from any applicant to guarantee
payment for service, subject to the conditions in Subsections A.(1) and
(2).
(1) A LEC may not require a
deposit or other guaranty based upon income,, residential location, race,
color, home ownership, creed, sex, marital status, age, or national
origin.
(2) A LEC shall not demand
a deposit as a condition of service from an applicant for residential service
unless one or more of the following criteria applies:
a. the applicant cannot provide proof of a
satisfactory payment history with a LEC for the previous 12 months.
b. the applicant has a past due, unpaid
account for previous service with the LEC which is not in dispute.
c. the applicant did not pay bills from the
LEC by the close of business on the due date 2 times in a row or any 3 times in
the last 12 months.
d. the
applicant gave the LEC 2 or more checks in payment for previous service within
the most recent 12 month period of service which were returned unpaid for
reasons other than bank error.
e.
the applicant' s service from the LEC has been suspended during the last 24
months for one or more of the following reasons:
(i) nonpayment of any undisputed past due
bill(s); or,
(ii) misrepresentation
of the applicant's identity for the purpose of obtaining service; or,
(iii) failure to reimburse the LEC for
damages due to negligent or intentional acts of the customer; or,
(iv) obtaining, diverting, or using service
without the authorization or knowledge of the LEC.
f. information provided by the applicant upon
application for service or within the previous 2 year period is materially
false or materially misrepresentative of the applicant's true status, and the
misrepresentation is relevant to the conditions under which the applicant may
obtain service.
B.
Amounts
LECs shall determine the amount of a deposit as follows:
(1) The deposit shall not be more than 2
average bills as defined in Rule 4.03. if payment for service is due after
service begins;
(2) The deposit
shall not be more than 1 average bill as defined in Rule 4.03. if payment for
service is due before service begins;
(3) If a LEC discovers that an applicant has
used service without authorization or tampered with the LEC's equipment, it may
charge that applicant a total deposit of not more than 6 average bills, plus
the potential damage to the LEC's equipment. The LEC may not charge this
deposit if the customer has received more than 2 years cumulative service since
the unauthorized use or tampering was discovered;
(4) If the LEC has proof of a
misrepresentation by the applicant relevant to the conditions under which the
applicant obtained service, it may charge that applicant a total deposit of not
more than twice the maximum bill. The LEC may not charge this deposit if the
customer has received more than 2 years cumulative service since the
misrepresentation was discovered.
(5) In accordance with the united States
Bankruptcy Code, U.S.C.A. Title 11 § 366, the LEC may require an applicant
to furnish adequate assurance of payment in the form of a deposit or other
security.
(6) If the applicant has
previously left the LEC's service owing a bill and that bill is unpaid at the
time of application, the LEC may require a deposit equal to twice the maximum
billing.
C.
Payment Procedures
Except for deposits under Rule 4.01.B.(3), applicants shall be
allowed to pay the deposit in 2 installments - 1/2 of the deposit before
receiving service and the remaining 1/2 by the due date of the first
bill.
D.
Receipts
LECs shall give customers receipts for their deposits upon
customer request.
Rule
4.02.
Deposits from
Customers
A.
Conditions
A LEC may only require a new deposit or an increase in the
amount of a deposit from a customer for the following reasons:
(1) The customer failed to pay a bill before
the close of business on the shut-off date within the last 12 months;
(2) The customer gave the LEC 2 or more
checks which were returned unpaid for reasons other than bank error in the last
12 months;
(3) The customer did not
pay bills by the close of business on the due date 2 times in a row or any 3
times in the last 12 months;
(4)
During the last 24 months, the customer misrepresented his identity or other
facts relevant to the conditions under which the customer obtained or continued
service;
(5) The customer used
service without authorization, tampered with the LEC' s equipment, or inflicted
damage to the LEC's equipment during the last 2 years;
(6) The customer used more service than the
estimate on which the LEC based the deposit. The LEC may not charge any
additional deposit under Subsection A. (6) after the first 12 months of service
unless the customer moves the service to a new location or expands the business
or scope of operation at the original location;
(7) In accordance with the United States
Bankruptcy Code, U.S.C.A. Title 11 § 366, the LEC may require a customer
to furnish adequate assurance of payment in the form of a deposit or other
security. This deposit may be in addition to all other deposits posted with the
LEC before the bankruptcy filing.
B.
Amounts
When a LEC charges a new or additional deposit, the total
amount on deposit at any time shall not be more than the total of the
customer's 2 highest bills during the last 12 months.
EXCEPTIONS:
(1)
Deposit for Fraud or Tampering
If the reason for requiring a deposit is unauthorized use of
service or tampering with LEC's equipment, the total amount on deposit with the
LEC shall not be more than the estimated bill for 6 average billing periods
plus the cost of potential damage to LEC's equipment.
(2)
Bankruptcy
See Rule 4.02.A. (7) above.
C.
Written Notice
A LEC shall explain in writing the reason for charging any new
or additional deposit, the amount of the deposit, when the deposit must be
paid, and the consequences of failing to pay the additional deposit.
D.
Payment Procedures
Except for deposits under Rule 4.02.A. (5), a customer may pay
any new or additional deposit in two installments by the due dates of his next
two bills.
E.
Receipts
LECs shall give customers receipts for their deposits upon
customer request.
Rule
4.03.
Calculation of Average
BillA.
For Adequate
Billing History
The average bill is the total of the last 4 months' bills
divided by 4.
B.
For
Inadequate Billing History
If a customer or an applicant for service has fewer than 4
months billing history with the LEC, the average bill shall not be more than
the anticipated amount of one month's bill.
Rule 4.04.
Guaranty in
Place of a DepositA.
Requirements(1)
Residential Customers
Instead of a deposit, a LEC shall accept the written guaranty
of a qualified third party to pay an amount equal to the deposit. If a third
party is a residential customer of the LEC and meets the following conditions,
he is qualified to act as a guarantor on one residential account:
a. the customer presently has no deposit on
file on his own account;
b. the
customer has had service for at least 12 months;
c. the customer has not paid late more than
two times in the last 12 months; and,
d. the customer has not had service suspended
for failure to pay in the last 12 months.
(2)
Non-residential Customers
Instead of a deposit, a LEC may accept the written guaranty of
another customer to pay an amount equal to the deposit.
(3)
Residential and Non-residential
Customers
The LEC may allow a customer to guarantee more than one
account.
B.
Liability(1) The liability of a
guarantor shall be limited to the amount required for a deposit when the
guaranty was made, or a revised amount allowed by Rule 4.02. and agreed to by
the guarantor.
(2) The guaranty
shall end when a deposit would be refunded as outlined in Rule 4.05. or when
the guarantor's account is closed.
(3) The LEC shall provide the guarantor a
copy of the Guaranty Agreement Form which clearly states the amount of the
guarantor's liability and which has been signed by the guarantor and the LEC
The guarantor's agreement shall be in the form set. out in Subsection D. of
this Rule.
C.
Collection
A LEC may collect the guaranteed amount on the guarantor's
account as if it were a charge for service.
D.
Guaranty Agreement Form
A guaranty agreement shall be in the following form and must be
signed by the guarantor and the LEC's representative:
GUARANTY AGREEMENT
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Rule
4.05.
Refunding Deposits
A. If a residential customer has paid all
bills by the due date for the last 12 months, a LEC must promptly refund the
deposit. LECs are not required to refund deposits on business or commercial
accounts until the account is closed. Refunds may be made through a credit on
the next billing cycle.
EXCEPTIONS:
(1)
Fraud or Tampering
If the reason for requiring a deposit is unauthorized use of
service or tampering with the LEC 's equipment, a LEC does not have to refund
the deposit until an account is closed.
(2)
Bankruptcy
If the deposit was subject to the jurisdiction of the United
States Bankruptcy Courts, the LEC shall comply with the United States
Bankruptcy Code in refunding or retaining the deposit.
B. When an account is
closed, a LEC shall apply any deposit and accrued interest to the amount due
the LEC. The LEC shall promptly refund any balance due the depositor.
Rule 4.06.
Deposits and Customer Name Changes
A LEC may not require a residential customer to make or
increase a deposit because of a name change, unless one or more of the
conditions set out in Rule 4.02.A. applies.
Rule 4.07.
Deposits and
Changes in Service Locations
Except as provided in Rule 4.02.A., a LEC shall not charge an
additional deposit if a customer requests that his service end at one location
and that the same kind' and class of service from the same LEC begin at another
location and the change takes 90 days or less.
SECTION 5.
BILLING
Rule 5.01.
Information on
Bill
Each bill shall contain the following information:
A. Name and telephone number or identifying
number under which service is billed;
B. The beginning and ending dates of the
billing period;
C. The net amount
of all payments and other credits made to the account during the billing
period;
D. Any previous balance
due;
E. The amount of any "late
payment charge" and an explanation of when it will apply;
F. The date the bill was mailed;
G. The date the bill is due;
H. A list of all charges or credits,
including:
(1) Deposit
installments;
(2) Deposit
refunds;
(3) Automatic
adjustments;
(4) Customer or
minimum charges;
(5) Taxes, listed
by kind;
(6) Charges for other
utility service;
(7) Charges for
non-utility merchandise, service, or equipment;
(8) Basic service;
(9) Federal end user common line
charge;
(10) Equipment;
(11) Custom calling services;
I. If a LEC uses industry-specific
abbreviations for terms that explain the billing, it shall identify them on the
bill;
J. A statement that the
customer may contact the LEC about any problem with billing or service, or for
a delayed payment agreement. The statement shall include an address and a
telephone number where customers can call the LEC without charge.
Rule 5.02.
Bill
Form - Submission Requirements
A current copy of the form to be used for billing and any
revisions to that form shall be provided to the Commission's Consumer Services
Office.
Rule 5.03.
Billing Periods and Standards
A. LECs shall bill customers regularly. The
billing period shall be no less than 25 days and no more than 35 days unless it
is the first or final bill. This provision does not apply to the billing of
intrastate access service.
B. If a
LEC alters a billing cycle by more than 5 days, it shall notify affected
customers 30 days before the change in the billing cycle. A LEC may notify
affected customers by bill insert with the bill preceding the change.
C. If payment is initially made at a business
office, billing records shall show the date payment is received. If payment is
initially made to an authorized payment agent before the LECs close of business
on the due date, billing records may show the date the payment was posted as
long as the account record shows that the payment was not late.
D. If a LEC discovers a billing error, it
shall promptly notify customers who may be affected.
Rule 5.04.
Mailing
Date
LECs shall not mail bills later than the mailing date printed
on the bill.
Rule 5.05.
Due Dates
A. If no late charge is imposed, the due date
of a bill shall not be less than 14 days after the date a bill is
mailed.
B. If a late payment charge
is imposed, the due date of the bill shall not be less than 22 days after the
date the bill is mailed.
Rule
5.06.
Late Payment
A. Payment may be considered late if the LEC
or its authorized agent for payment gets the payment after the LEC's close of
business on the due date on the bill.
B. If the LEC is not open on the due date,
customers may pay by the close of business on the next day the LEC's business
offices are open, without being late.
C. Payment shall be considered late if a
check is postdated beyond the due date or returned unpaid for reasons other
than bank error,
D. If a bank error
causes a late payment, the LEC shall correct its records to show that the
customer paid the bill on time.
E.
If a LEC issues a late notice or suspension notice to any customer whose
payment was received by the LEC or its authorized payment agent by the LEC's
close of business on the due date, the record of the late notice or suspension
notice shall be deleted from the customer's account record.
Rule 5.07.
Late
Payment Charges
A. A LEC
may calculate late payment charges only on an overdue balance of a bill for
telecommunications service.
B. A
late payment charge may not exceed 10 percent of the first 30 dollars of the
customer's bill and 2 percent of the remainder.
C. The amount of the late payment charge
shall be set forth in the LEC's tariffed schedule of fees and
charges.
Rule 5.08.
Extended Due Date Policy
A. LECs must offer an extended due date
policy to customers qualifying under Subsection c. of this Rule. This is
intended to enable LECs to change a qualifying customer's due date to coincide
with or follow the customer's receipt of that income. Customers who qualify
under this policy and pay by the new date will not be considered late on their
payment. When a customer applies for an extended due date, LECs shall explain
the policy and give the explanation to the customer in writing.
B. Each LEC shall file an extended due date
policy as a tariff. A policy must include:
(1)
Who may qualify;
(2) How to apply;
and,
(3) The method for setting the
extended due date,
C.
The following customers qualify for an extended due date:
(1) Persons receiving Aid to Families with
Dependent Children (AFDC), or Aid to the Aged, Blind and Disabled (AABD)
;
(2) Persons receiving
Supplemental Security Income; or,
(3) Persons whose primary source of income is
Social Security or Veterans Administration disability or retirement benefits;
The LEC may require verification of the above sources of
income.
D. LECs
may remove a customer's extended due date because the customer did not pay
bills by the close of business on the due date 2 times in a row or any 3 times
in the last 12 months. LECs shall notify customers in writing when the extended
due date has been removed for late payment.
E. LECs may impose a late payment charge on
plan participants who do not pay by the extended due date pursuant to Rule
5.07.
Rule 5.09.
Extended Absence Payment Procedure
A. Each LEC shall have bill payment options
which will allow a customer who is away for an extended period of time to avoid
suspension of service.
B. The
options shall be filed as a tariff.
Rule 5.10.
Method of
Payment
A. Customers may
pay bills in any reasonable manner, including cash or a check payable to the
LEC. A LEC may refuse to accept payment by check if the customer has given the
LEC 2 checks which were returned unpaid for reasons other than bank error in
the last 12 months.
B. A LEC may
refuse to take a second check for the same bill if the first check was returned
unpaid for reasons other than bank error.
Rule 5.11.
Returned Check
Charge
A LEC may charge a fee for handling a check which is returned
unpaid for reasons other than bank error. The amount of the returned check
charge shall be set forth in the LEC's tariffed schedule of fees and
charges.
Rule 5.12.
Partial Payments
If a customer pays part of a bill for LEC service, a LEC shall
first credit the payment to earlier charges for telecommunications service.
This Rule does not apply when there is a disputed bill, delayed payment
agreement, or other written instructions.
Rule 5.13.
Overpayments
A. Overpayments shall be credited to the
customer's account unless the customer requests otherwise.
B. When a customer notifies the LEC that he
has overpaid his account and requests a refund of the overpayment, the LEC
shall refund the amount of the overpayment within 30 days.
Rule 5.14.
Billing
CorrectionsA.
Interruption and Outage
After an interruption or outage of local service of more than
24 hours, a LEC shall refund a portion of the monthly charge for the number of
days without service.
B.
Procedures for Correcting an Overbilling
(1) When a LEC has overbilled a customer, the
LEC shall explain the reason for the correction and refund the amount of the
overbilling within 30 days after discovering or being notified of the
error.
(2) The refund shall be
credited to the customer's account unless the customer requests
otherwise.
(3) If the overbilling
was the fault of the LEC, the LEC shall pay the customer interest on the
overbilled amount.
C.
Procedures for Correcting an underbilling
(1) When a LEC discovers it has charged a
customer less than it should have, the LEC shall explain the error and offer a
delayed payment agreement to correct it.
(2) when a LEC underbills a customer over one
or more billing periods, the LEC must allow the customer at least that many
billing periods to pay the correct amount under a delayed payment
agreement.
(3) If the underbilling
was the fault of the customer, the LEC may charge interest for the period of
time during which the underbilling occurred.
(4) if the underbilling was caused by
unauthorized use of service or tampering with LEC's equipment, the LEC does not
have to offer a delayed payment agreement.
(5) A LEC does not have to correct an
underbilling if the cost of correcting the billing is not economically
feasible.
D.
Tampering
If a customer tampers with LEC's equipment, the LEC may charge
a reasonable amount for damage to the equipment and for estimated service
taken. This is in addition to the remedies in Rules 4.01.B.(3), 4.02.B.(1) and
6.01.F. The LEC may base the estimate on the customer's average lawful usage
for the most recent 12 month period. If those figures are not available, the
LEC shall base the estimate on the class average.
Rule 5.15.
Transferring
Past Due Balances to Other Accounts
A LEC may only transfer a past due balance from a customer's
closed account to one of the following active accounts:
A. An account of the same customer for the
same class of service at any location.
B. The account of the customer's guarantor as
allowed under Section 4.04.B. of these Rules.
SECTION 6.
SUSPENSION, TERMINATION AND
RECONNECTION OF SERVICE
Rule 6.01.
Authorized Suspension
The only reasons a LEC may suspend service to an account
are:
A. A bill for the LEC's service
to the current customer remains unpaid after the close of business on the last
day to pay as printed on the most recent shut-off notice;
B. A former customer remains at the premises
who owes that LEC an outstanding bill for service at the premises; a full-time
occupant of the premises when the bill was incurred remains at the premises;
or, a full-time user of the service when the bill was incurred remains at the
premises;
C. A current customer and
a former customer who lived together at another location now live together at a
new service location and the former customer owes a bill for service used
during the time they lived together at a former location;
D. The customer is not in compliance with a
Commission order, delayed payment agreement, or extension agreement with the
LEC;
E. The customer has not paid a
deposit required for the service;
F. Unauthorized use of service or tampering
with LEC's equipment;
G. A
misrepresentation of fact relevant to the conditions under which the applicant
or customer obtained or continued service;
H. The customer has not paid a billed charge
associated with providing service;
I. Refusing to grant a LEC access to its
equipment at the customer's location at reasonable times;
J. Violating the LEC's rules designed to
prevent interference with the use of service by other customers, if the
customer was notified first and given a reasonable opportunity to comply with
the rules;
K. Violating the LEC's
rules regarding the operation of nonstandard equipment or unauthorized
attachments, if the customer was notified first and. given a reasonable
opportunity to comply with the rules;
L. Violating federal, state, or local laws or
regulations through use of the service;
M. Abandoning the premises served;
N. Causing or threatening injury to a LEC's
employee or an employee's family to prevent or to retaliate for an act the LEC
performs in the course of business;
O. Causing damage to the LEC's
property;
P. Threatening to cause
damage to-the LEC's property;
Q.
Not paying for damage to the LEC's equipment at the service location;
or
R. A condition exists which
poses a health or safety hazard.
Rule
6.02.
Unauthorized
Suspension.
A LEC may not suspend service to an account for the following
reasons:
A. Not paying for non-
telecommunications merchandise or non-telecommunications services purchased,
rented, or leased from or through the LEC;
B. Not paying for a different kind or
different class of service;
C. A
LEC is serving the customer through a separate active account and the customer
does not pay for service to that account;
D. Another telephone customer has separate
telephone service at the same location and does not pay for that
service.
Rule 6.03.
Bankruptcy
A LEC may not suspend service to a trustee or debtor in
bankruptcy for failure to pay a bill incurred prior to a bankruptcy filing if
the trustee or the debtor pays a deposit under Rule 4 .02. A. (7) within 20
days of the order for relief in bankruptcy. (See United States Bankruptcy Code,
U.S.C.A. Title 11 § 366.)
The LEC may not suspend service during that 20 day period. If a
debtor asks the LEC to reconnect service during that 20 day period, the LEC
must reconnect. After the 20 day period, the LEC may suspend service if the
customer has not paid a deposit.
Rule
6.04.
Notification of Suspension of
ServiceA. A LEC must
notify a customer in writing 5 days before it suspends service. If a LEC
delivers the notice to the customer's premises, the LEC must leave the notice
in a conspicuous place where the notice is easy to see. If the notice is
mailed, the 5 days begins 3 days after the date the notice is placed in the U.
S. mail. The LEC must send the notice to the customer's last known address by
first-class mail.
B. A LEC may
suspend service without prior written notice under Rule 6.01.D., F., G., N., O., P., and R. The LEC shall notify the customer of the reason for suspension
by first class mail or by leaving a notice at the premises. If prior written
notice of suspension has been given, Rule 6.04.B. does not apply.
Rule 6.05.
Shut-Off Notice - Submission Requirements
A current copy of the form to be used for shut-off notices and
any revisions to that form shall be provided to the Commission's Consumer
Services Office.
Rule 6.06.
Third-Party Notification of Suspension
A residential customer may name a consenting person or agency
to receive a copy of all shut-off notices. A LEC shall mail 1 copy of all
shut-off notices to the customer and 1 to the other person or agency.
Rule 6.07.
Form
and Contents of Shut-Off Notice
Each shut-off notice shall contain the following
information:
A. The title "SHUT-OFF
NOTICE", "CUT-OFF NOTICE", or "DISCONNECT NOTICE" in type at least 1/4 inch
high;
B. The name and address of
the customer and the telephone number to which the service is billed;
C. The reason for suspension and any overdue
amount;
D. A clear statement of
what to do to avoid suspension;
E.
The date after which the LEC will suspend service unless the customer takes
appropriate action;
F. A statement
that, "YOU MAY QUALIFY TO PAY YOUR BILL IN INSTALLMENTS AND AVOID SHUT-OFF, BUT
YOU MUST CONTACT THE LOCAL EXCHANGE CARRIER'S BUSINESS OFFICE BY THE CLOSE OF
BUSINESS ON THE LAST DAY TO PAY PRINTED ON THIS NOTICE AND ASK FOR A DELAYED
PAYMENT AGREEMENT";
G. A statement
that a residential customer who has a serious medical condition, or is 65 or
older, or is an individual with disabilities may contact the LEC about
qualifying for delaying suspension;
H. What it will cost and what a customer will
have to do to get service reconnected;
I. The telephone number or address of the
LECs office where the customer may pay the bill, make payment arrangements, or
make a complaint; and,
J. A
statement that any customer with an unresolved complaint may contact the
Arkansas Public Service Commission. The statement shall include the
Commission's mailing and street address and local and toll-free
numbers.
Rule 6.08.
Payment Requirements to Prevent
SuspensionA. A customer
must pay the LEC or its authorized agent before the LECs close of business on
the last day to pay as printed on the most recent shut-off notice to prevent
suspension.
B. The LEC may require
the customer to pay any applicable late charge to prevent suspension.
C. A LEC shall not require a customer to pay
for usage which has not been billed, or which has been billed but is not yet
overdue, to prevent suspension.
D.
After the LEC's close of business on the last day to pay printed on the most
recent shut-off notice, payment made within 24 hours of a scheduled shut-off
shall not affect the right of the LEC to suspend service and charge a reconnect
fee if the service was suspended.
E. A LEC shall not refuse to accept payment
made on an account after the LEC's close of business on the last day to pay
printed on the most recent shut-off notice. However, a LEC is not required to
reconnect service if the payment made after that time is less than the amount
required by the LEC before reconnection.
Rule 6.09.
Suspension
Procedures
Suspension Date and Time Requirements
A. A LEC may suspend service only during
normal LEC business office hours. However, no suspension shall occur during the
last hour of the LEC's normal business office hours.
B. A LEC may not suspend service on a day, or
on a day immediately before a day, when the LEC does not have employees
available who may authorize and reconnect service at the normal business day
charge.
C. If a LEC issues more
than 1 shut-off notice before suspending service, it may not suspend service
before the close of business on the last day to pay as printed on the most
recent shut-off notice unless Rule 6.04.B. applies.
D. A LEC must suspend service within 30 days
after the last day to pay, as printed on the most recent shut-off notice,
unless suspension is delayed under other Commission Rules, or the reason for
the suspension has been eliminated.
Rule 6.10.
Closing
Suspended Accounts
A LEC shall not close a suspended account until a customer has
been given 7 days to have service reconnected after suspension, once an account
is closed, a LEC may treat a former customer who wants service again as an
applicant.
Rule 6.11.
Reconnection of Service
A. The LEC shall reconnect service at the
request of the customer if all reasons for suspension have been eliminated. The
LEC shall reconnect service in the normal course of business when suspension
was the fault of the customer. The LEC shall reconnect service immediately if
suspension was the LEC' s fault.
B.
A LEC shall not require a customer to pay for usage which has not been billed,
or which has been billed but is not yet overdue, before reconnecting suspended
service.
C. A LEC may require
payment of any collection, late charge, or reconnection fees before
reconnecting service if suspension followed all applicable Commission
Rules.
D. If the reason for
suspension is unauthorized use of service or tampering with LEC equipment, the
LEC may require a reasonable payment for damage to its equipment and estimated
usage before reconnecting service. The LEC may refuse to reconnect unless the
Commission orders otherwise.
Rule
6.12.
Delayed Payment Agreement and Extension
Agreement
This rule applies to any residential customer, and to business
customers whose average bill for the most recent 12 months is $200.00 or less.
As used in this Rule, the term "customer" shall mean only such customers as so
defined in this paragraph.
A.
Customer Information
When a customer informs the LEC that he is having difficulty
paying a bill, the LEC shall explain that delayed payment agreements are
available both by telephone and in person through the LEC's business offices.
The LEC shall then inform the customer of his rights and obligations under this
Rule.
B.
Extension
Agreement
If a LEC has met all of the requirements of Subsection A. and a
customer requests a payment extension of less than 30 days from the payment due
date, the LEC may offer to enter an extension agreement instead of a delayed
payment agreement. All extensions shall be documented. The LEC shall inform the
customer of the LEC's right under Rule 6.04.B. to suspend service without
advance written notice if the customer fails to keep the terms of the extension
agreement.
C.
Qualifying
A LEC does not have to enter into an extension agreement if the
customer has failed to keep the terms of an extension agreement in the last
twelve months.
D.
Availability of Delayed Payment Agreement
(1) The LEC shall offer and enter into a
delayed payment agreement with a qualifying customer if the customer agrees to:
a. pay the down payment and all installments
by the due dates; and,
b. pay all
bills coming due during the period of the agreement in full by each bill' s
respective due date.
(2)
A LEG may not limit the number of delayed payment agreements a customer may
enter into if the customer qualifies under all other conditions of this
Rule.
E.
Qualifying
(1) A LEC does not
have to enter into a delayed payment agreement if the customer has failed to
keep the terms of a delayed payment agreement in the last 12 months. This
includes failure to pay the agreed upon down payment within 3 business days.
EXCEPTION:
Subsection E. (1) of this Rule does not apply when a LEC
corrects an underbilling. See Rule 5.14.C.
(2) A LEC does not have to enter into a
delayed payment agreement after the last day to pay, as printed on the most
recent shut-off notice, has passed except when Rules 6.14 or 6.15
apply.
(3) A LEC does not have to
enter into a second delayed payment agreement if the customer currently is
bound by a delayed payment agreement.
(4) If a customer has engaged in unauthorized
use of service or has tampered with the LEC's equipment in the last 24 months,
the LEC does not have to enter into a delayed payment agreement.
(5) If a customer has misrepresented a fact
relevant to the conditions under which he obtained or continued service in the
last 24 months, the LEC does not have to enter into a delayed payment
agreement.
(6) The LEC may require
some form of identification of the customer or the person making the agreement.
if the information is not provided or is not acceptable evidence of identity,
the LEC may refuse to enter into a delayed payment agreement.
(7) LECs may restrict toll calling access to
the customer as part of the delayed payment agreement if. the customer owes
more than $100.00 in toll charges on the bill upon which the customer requests
a delayed payment agreement and any of the conditions of Rule 4.02.A. (1), (2), (3), (4) or (5) apply to that particular customer.
EXCEPTION:
This subsection shall not be applied if the customer can
establish that toll access is needed due to a medical condition, or toll access
is used to monitor a medical condition remotely. The delayed payment agreement
form the LEC uses in instances when toll is proposed to be restricted must
include information telling the customer about these
exceptions.
F.
Delayed Payment Agreements Arranged by Telephone
(1) Delayed payment agreements arranged by
telephone shall meet all requirements of this Rule.
(2) The LEC may require some form of
identification that can be provided by telephone to verify the customer's
identity. If the information is not provided or is incorrect, the LEC may
refuse to enter into a delayed payment agreement by telephone.
(3) The LEC must receive the down payment by
the close of business on the third business day after the date the agreement
was requested.
(4) A LEC shall
document all delayed payment agreements arranged by telephone, including any
failure to pay the down payment within 3 business days.
G.
Delayed Payment Agreement
Procedure
All delayed payment agreements shall be explained and will be
provided in writing and must include relevant portions of this Rule,
specifically. Subsections D. (1), E. (3), H., I., J., K. and L.
When a LEC arranges a delayed payment agreement by telephone,
the LEC shall send or give the customer a copy of the delayed payment agreement
within 5 business days of receiving the customer's down payment. A LEC may
require the customer to sign the agreement and return it to the LEC within 10
days of making the agreement, but the customer' s signature is not necessary
for validity and enforcement of the documented agreement under this
rule.
H.
Minimum
Standards for Delayed Payment Agreements
(1) The LEC may not require more than 1/4 of
the overdue bill as the down payment in order to enter into a delayed payment
agreement.
(2) A LEC shall allow
the customer to make equal installment payments for at least 3 months from the
date of the down payment. The down payment shall not be considered an
installment payment.
EXCEPTIONS:
Subsections H. (1) and (2) of this Rule do not apply when a LEC
corrects an underbilling. See Rule 5.14.C.(2).
(3) In offering terms for an agreement, a LEC
may take into account:
(a) the customer's
ability to pay;
(b) the size of the
unpaid account;
(c) the customer's
payment history with the LEC; and,
(d) the reason payment is late.
I.
Renegotiating
the Delayed Payment Agreement
If a customer can substantiate a change in ability to pay
resulting from a serious medical condition or the loss of a major source of
income, the LEC must document its good faith effort to renegotiate a delayed
payment agreement 1 time during the period of the agreement. The customer loses
this right if any term of the delayed payment agreement is not kept. A
renegotiated agreement is not a new delayed payment agreement.
J.
Finance Charge on
Delayed, Payment Agreements
A LEC may charge interest on delayed payment agreement
installments.
K.
Suspension of Service
A LEC may suspend service without prior written notice, subject
to the conditions of Rule 6.04.B., if a customer does not keep the terms of a
delayed payment agreement or extension agreement.
L.
Right to Complain
A customer does not give up any right to complain to the
Commission by signing a delayed payment agreement or entering an extension
agreement.
Rule
6.13.
Delayed Payment Agreement - Submission
Requirements
A current copy of the form to be used for delayed payment
agreements and any revisions to that form shall be provided to the Commission's
Consumer Services Office.
Rule
6.14.
Agency Guaranty of
Payment
A.
Requirements
When a social service agency agrees orally or in writing to pay
at least 1/4 of an overdue bill, the LEC shall continue service, or restore
service suspended for non-payment, if the customer qualifies for and agrees to
pay any remaining overdue amounts and any additional deposit under a delayed
payment agreement. The agency payment shall be considered the down payment for
the delayed payment agreement. The LEG may verify any notice received from any
agency.
B.
Confirmation
The LEC may require the agency to give written confirmation of
a verbal agreement within 10 days of the date of the verbal agreement.
C.
Service Suspension
If an account remains unpaid 40 days after an agency notifies a
LEC, as set out in Rule 6.15.A., that they will be making a payment, the LEC
may suspend service after giving the customer an additional 5 days written
notice.
Rule
6.15.
Medical Need for Telecommunications
Service
A.
General
Requirements
Each LEC must honor a physician's certificate which attests to
the fact that a residential customer or any other permanent resident of the
household has a serious medical condition. The certificate must clearly state
that the suspension of telecommunications service would give rise to a
substantial risk of death or gravely impair the health of the customer or
another permanent household resident.
B.
Notice
A physician, nurse, nurse practitioner, physician's assistant,
or public or private agency providing physical or mental health care services
may notify the LEC in person, by telephone, or by letter that the serious
medical condition exists. When a LEC is notified, it must inform the health
care professional that a physician's certificate is required within 7 days. The
LEC may verify notice given by telephone.
C.
Delay of Suspension or Reconnection
of Service(1) When notified under
Subsection B. of this Rule, a LEC shall postpone suspension or reconnect
service which has been suspended for 30 days or less. The LEC shall not be
required to continue to provide service for longer than 3 0 days unless the
medical certificate is renewed under Rule 6.15.C.(5).
(2) The LEC must receive a physician's
certificate within 7 days after being notified according to Subsection B. of
this Rule.
(3) A LEC may suspend
service if it does not receive a physician's certificate within 7 days after
being notified according to Subsection B. of this Rule.
(4) Upon receipt of a physician's
certificate, the LEC shall notify the customer, in writing, of the receipt of
the certificate, the date the certificate was received, the date the
postponement of suspension or reconnection of service was commenced, and the
date on which the postponement of suspension or reconnection shall expire.
The notice shall contain an explanation of the customer's
rights to renew the certificate. The notice shall specifically state the last
day the customer has to renew the certificate. The notice may be delivered by
first class mail or by delivery to an adult person at the residence.
(5) A customer may renew a
certificate 1 time for up to an additional 30 days. The certificate must be
renewed by the customer before the 30 day time period expires. To renew a
current certificate, the customer must provide a new certificate from the
physician.
(6) A LEC is not
required to accept more than 1 physician's certificate per household each year.
A renewal of a certificate is not a second certificate.
D.
Physician's Certificate
A completed physician's certificate must be signed by a
physician and must be in the following form. The LEC shall provide a copy of
the physician' s certificate form to the physician.
PHYSICIAN'S CERTIFICATE OF MEDICAL NEED FOR LOCAL
EXCHANGE CARRIER SERVICE
The Arkansas Public Service Commission requires local exchange
carriers under its jurisdiction to honor physician's certificates which attest
to the fact that a customer or any permanent resident of the household has a
serious medical condition. The certificate must clearly state that the
suspension of telecommunications service would give rise to a substantial risk
of death or gravely impair the health of the customer or another permanent
household resident.
A licensed physician or other health care professional
providing health care services to the patient may notify the local exchange
carrier of the serious medical condition. The notice must be followed within 7
days by a certificate. The certificate is valid for up to 30 days and may be
extended for one additional 30 day period by reverification by the physician or
health care professional prior to the expiration date of the first certificate.
This reverification requires that an additional certificate be submitted to the
local exchange carrier.
You are being asked to verify that the stated condition exists.
This certificate allows the customer time to secure payment for service or to
make alternate arrangements for care of the patient.
Thank you for your cooperation.
Click here
to view image
E.
Additional Medical Opinion
(1)
A LEC may, at its expense, obtain an additional medical report or certificate
from a physician of its choice. The additional medical report or certificate
shall be based on that physician's examination of the customer.
(2) Failure of the customer without good
cause to attend the LEC-required medical appointment shall be sufficient reason
for suspension of service.
(3) If
the information in the additional report or certificate does not meet the
criteria in this Rule for delaying suspension, a LEC may suspend service after
giving the customer an additional 5 days written notice.
F.
Liability for Payment for
Service
Delaying suspension or reconnecting service under this Rule
does not excuse the customer from having to pay for the service.
G.
Contact Procedures Before
Suspension of Service
If suspension has been postponed under this Rule, and the
medical certificate has expired, the LEC must follow the notification
requirement of Rule 6.04. (A) prior to suspension.
Rule 6.16.
Elderly and
Individuals with Disabilities
This Rule only applies to residential customers.
A.
Identification of the Elderly and
Individuals with Disabilities for Registration
LECs shall attempt to identify eligible individuals by
informing them that a special program is available for customers who qualify
under this Rule and shall then ask qualifying applicants or customers whether
they wish to be registered as provided in this Rule:
(1) When an applicant requests
service;
(2) When asked if there
are options for elderly customers and customers who are individuals with
disabilities; and,
(3) When
contacted by a customer about suspension.
B.
Customer Contact
At least 72 hours before suspending service to the account of
an identified elderly or individual with disabilities, a LEC must make 2
attempts at different times of day to contact the customer, an adult at the
premises, or someone previously designated by the customer, either in person or
by telephone.
(1) If the attempt to
contact is successful, the LEC shall:
a. offer
to explain to the customer, an adult at the premises, or someone previously
designated by the customer, what can be done to avoid suspension;
and,
b. offer to explain the
payment and assistance options set out in Subsection C. of this Rule.
(2) If the attempt to make
personal contact with the customer, an adult at the premises, or other
designated individual is not successful, the LEC must give 24 hours written
notice, which explains what can be done to avoid suspension, before suspending
service. If the LEC delivers the notice to the customer's premises, the notice
must be left in a conspicuous place where the notice is easy to see. If the LEC
mails the notice, the 24 hours begins 3 days after the date the notice is
postmarked. The LEC must send the notice to the customer's address by
first-class mail.
C.
Payment and Assistance Options
When an identified elderly customer or customer who is an
individual with disabilities tells a LEC they cannot pay a bill on time, or
upon contacting an identified elderly customer or customer who is an individual
with disabilities under Subsection B. of this Rule, the LEC shall offer
to:
(1) Arrange a delayed payment
agreement;
(2) Explain the right to
third party notice before suspension of service; and,
(3) Provide the names of federal, state, and
local bill payment assistance agencies.
D.
Records
A LEC shall mark the accounts of identified elderly customers
or customers who are individuals with disabilities. LECs shall keep a record as
required by rule 7.02 of how they handled the overdue accounts of elderly
customers and customers who are individuals with disabilities.
E.
False Information
If a customer gives false information to qualify as elderly or
an individual with disabilities, the LEC may suspend service under Rule
6.01.G.
Rule
6.17.
Stopping Service at Customer
Request
A.
Notice
A customer who wants to stop service must tell the LEC at least
5 days before the requested disconnection date.
The minimum 5 day notice period begins:
(1) On the day the customer telephones the
LEC;
(2) When the customer
personally informs the local business office; or,
(3) Three days after the customer has mailed
the notice to the LEC.
B.
Liability
The customer does not have to pay for basic local service after
the disconnection date requested by the customer, so long as proper notice was
given according to Subsection A. of this Rule.
C.
Confirmation
A LEC must confirm the disconnection date if the customer
asks.
SECTION
7.
RECORDS AND REPORTS
Rule
7.01.
Application Records
A. Each LSC must keep a record of each
written or verbal application for service. Records of applications must be kept
for at least 2 years unless canceled or withdrawn. If an application is still
active at the end of the 2 year period, it must be kept until it is served or
until the application is canceled or withdrawn.
B. Each application record shall include:
(1) Name and current address of the
applicant;
(2) Address of location
where service is being re- quested;
(3) Date of the request;
(4) Date service is desired;
(5) Estimated service date;
(6) Class of service applied for;
(7) Availability of facilities;
and,
(8) The date service was
provided or the reason service was delayed or deferred.
Rule 7.02.
Account Records
A. Each LEC shall keep a record of billings
to and all money paid by each customer.
B. The record shall contain all information
necessary to calculate bills, including customer name, mailing address, service
location, account number, dates service was provided, billed amounts, rate
schedules and payment plans, any payment arrangements, and each transaction
concerning each deposit.
C. A LEC
shall mark the accounts of identified elderly customers and customers who are
individuals with disabilities. LECs shall keep a record of how they handled
overdue accounts of elderly customers and customers who are individuals with
disabilities.
D. LECs shall keep
records so that costs and payments for separate services can be easily
identified.
Rule 7.03.
Deposit Records
Each LEC shall keep a record containing the following
information for each customer account:
(1) The name of the customer for whom the
deposit is made;
(2) The service
location;
(3) The deposit
amount;
(4) The deposit
date;
(5) The reason for the
deposit,
(6) Each transaction
concerning each deposit; and,
(7)
All efforts to return the deposit to the customer.
Rule 7.04.
Complaint
Records
A LEC shall keep an up-to-date record of all customer
complaints, showing the name and address of the complainant, the account
number, the date and character of the complaint, action taken to resolve the
complaint, and the date of resolution.
A. LECs shall keep the record in a way that
allows reporting by name, account number, telephone number; or
category.
B. Each LEC shall
establish categories for all complaints which allow LECs to record complaints
by specific type.
C. The LEC shall
keep complaint records at least 3 years.
Rule 7.05.
Test and
Inspection Records
LECs shall make a complete record of every test or inspection
which these Rules require. The record shall include the time, date, place,
tester, inspector, and the results. Each LEC shall keep test and inspection
records at least 2 years, or as specified in these Rules.
Rule 7.06.
Service Outage
Records
Each LEC shall keep records of all detected or documented
service outages. Each record shall include the time, date, location, duration,
cause, and extent of each outage. LECs shall keep the records at least 2
years.
Rule 7.07.
Location of Records
LECs shall keep records within the State of Arkansas, at the
offices of the LEC, or at locations outside the State of Arkansas authorized by
the Commission. Such records shall be available at all reasonable hours for
examination by the Commission, its representatives, or others authorized by the
Commission.
Rule 7.08.
Retention of Records
Records required by these Rules and orders of the Commission
shall be maintained for at least the period of time designated in the most
current Federal Communications Commission Rules governing preservation of
records for LECs or as specifically provided for in these Rules or orders of
the Commission, whichever period of time is longer. In any event, such records
shall be maintained for at least 2 years.
Rule 7.09.
Construction
Records and Plans
Each LEC shall maintain copies of all construction reports and
plans for a period of at least 2 years after the completion of a project. The
records shall include, but not be limited to, design specifications, contracts,
work orders, material placed and the associated costs.
Rule 7.10.
Trouble Report
Records
Each LEC shall maintain accurate records of trouble reports.
The records shall be organized by month for each exchange service area. Each
record shall be maintained for at least 2 years. At a minimum, each record
shall include:
(1) Appropriate
identification of the person(s) reporting the trouble, and the specific
geographic area;
(2) Time and date
of the initial report;
(3)
Description of the trouble;
(4)
Description of the trouble found by the LEC;
(5) Action taken to clear the trouble;
and,
(6) Date and time the trouble
was cleared.
Rule 7.11.
Maps and Associated Records
A.
System Maps
Each LEC shall maintain current maps or plans depicting plant
in all service areas served by the LEC. Those maps or plan a shall be in
sufficient detail to enable prompt location of each line and facility owned or
operated by the LEC. Each system map and its associated records shall be
maintained in sufficient detail to enable the reconstruction of the system, if
required.
B.
Changes
To Maps
Each LEC shall map and add each change, relocation, or
extension of plant to existing system maps no later than 24 calendar months
after the change, relocation, or extension is completed. Until such changes are
posted to the system maps, either sufficiently detailed engineering drawings
showing the changes or a reference to the location of the drawings shall be
attached to the existing maps.
Rule 7.12.
Central Office
Line and Terminal Records
Each LEC shall maintain a record of the equipped (or
programmed) and in service quantity of central office switching lines (or line
appearance numbers (LANs) and terminals (or connectors or directory numbers) .
Each LEC shall be able to provide evidence of an effective procedure to assure
adequacy of central office equipment for new service applications.
Rule 7.13.
Reports to the Commission
A.
Outages
LECs shall promptly report outages in an individual city, town,
or in the same general area, which last more than 4 hours and affect 100 or
more customers by telephone to the Commission's Consumer Services Office. After
normal business hours and on weekends and holidays, LECs may report outages
by-leaving a message on the Commission's Consumer Services Office
recorder.
B.
Changes
in Service
Each LEC shall notify the Commission's Consumer Services Office
in writing at least 30 days before making any major changes in its method of
operation. For example, the closing of a business office, the moving of a
billing department out of state, and a telephone cut-over affecting a majority
of the customers in any exchange would be considered major changes for the
purposes of this Rule.
C.
Customer Complaints
Upon request, each LEC shall make available in writing to the
Commission the number of customer complaints as required by Rule 7.04.B. for
the requested time period.
D.
Reference Information
Each LEC shall provide, the Commission's Consumer Services
Office with current copies of the following information:
(1) Information on LEC Service (Rule
2.01);
(2) Current list of LEC
personnel who answer Commission questions about complaints (Rule 2.07. A. (3));
(3) Service Application Form (Rule
3.02.);
(4) Bill Form (Rule
5.02.);
(5) Shut-Off Notice Form
(Rule 6.05.); and,
(6) Delayed
Payment Agreement Form (Rule 6.13.).
New copies of the information shall be provided, to the
Commission's Consumer Services Office whenever the information is
revised.
SECTION 8.
GENERAL SERVICE
STANDARDSRule 8.01.
Extensions, Additions,, Repairs, Changes and
Improvements
After a public hearing, the Commission may require a LEC to
make extensions, additions, repairs, or changes in or improvements to any
equipment or line if the Commission finds that they should reasonably be made
to promote the security or convenience of the public or to secure adequate
service or facilities.
Rule
8.02.
Service Interruptions
A.
Scheduled Interruptions
(1)
Scheduling
Except in an emergency, LECs shall schedule interruptions so
that the inconvenience to customers is minimized.
(2)
Notice
LECs shall make reasonable efforts to notify customers affected
by a scheduled interruption as far ahead as practical and give them the date,
time, and planned length of the interruption.
B.
Unforeseen Interruptions
LECs shall make reasonable efforts to notify customers affected
by an unforeseen interruption as soon as practical and explain the cause and
how long it will last.
C.
Restoration Priority
LECs shall make every reasonable effort to first restore
service which affects public health and safety.
Rule 8.03.
Emergency Repair
Service and Telephone Number
A Each LEC shall perform emergency repair
service. The LEC shall take into account both the needs of the customer and the
safety of personnel.
B. Each LEC
shall list in each directory covering any area it serves an emergency repair
service number where a customer may call toll-free. (Collect calls accepted by
the LEC are considered to be toll-free calls.) The emergency number shall be
manned 24 hours a day or shall have a recording or answering service directing
the caller to a number manned 24 hours a day.
Rule 8.04
Emergency
Response to OutagesA.
Restoration Priority
LECs shall first attempt to restore service which affects
public health and safety.
B.
Restoration Procedures
Each LEC shall have written procedures for designated employees
to follow during ma j or service outages. The procedures shall contain at least
the following:
(1) Notification
procedures for emergency response personnel;
(2) General location(s) of equipment, tools,
and materials normally needed to restore service;
(3) Procedures for notifying fire, police,
medical and other public officials; and,
(4) General procedures to determine whether
the system is safe.
SECTION 9.
OPERATIONS
Rule 9.01.
Service
ConnectionsA.
Acceptance of Applications
When an eligible telecommunications carrier receives an
application for service within its service territory or within an adjacent
unallocated territory, the eligible telecommunications carrier shall neither
refuse to accept the application for service nor request the applicant to
withdraw the application.
B.
Service Connection
Requirements
All extensions of service shall be made in accordance with the
LEC's extension of facilities tariffs. An applicant for service must meet all
requirements of these Rules in order to qualify to receive service.
(1)
Where Facilities are Available
a.
Service Connection
Deadlines
All reasonable efforts shall be made to serve qualified
applicants within 5 business days after receipt of an application, unless a
later date is requested by the applicant.
b.
Quality of Service
Evaluations
For purposes of evaluating the quality of service, 95% or more
of all qualified applications monthly for each exchange must be served within
the time frame specified above except exchanges of 2000 lines or less will be
evaluated on an average of three consecutive monthly results.
c.
Expected Service Dates
Each LEC shall notify the applicant of the expected service
date. If a LEC will not be able to connect service on the expected service
date, it shall promptly notify the applicant of the new expected service
connection date.
(2)
Where Facilities are Not Available
Within the Service Territory
a.
Initial Information
Within 5 business days after receipt of a qualified application
for service, a LEC shall:
(i) inform
or mail notice to the applicant that facilities are not readily
available;
(ii) inform the
applicant that within 10 business days the LEC will provide the applicant an
expected service date; and
(iii)
inform the applicant of the Extension of Facilities Fund and its applicable
$250.00 limit on the applicant's contribution.
b.
Written Proposal
Within 30 business days of the receipt of a qualified
application, the LEC shall provide a written proposal to the applicant which
shall provide:
(i) an explanation of
any conditions and circumstances the applicant must meet before service will be
provided;
(ii) if there will be a
cost to the applicant, an estimate of his costs.
EXCEPTION:
When an engineering study is required, the LEC shall provide a
written proposal to the applicant for service within 60 business days of the
receipt of the application.
c.
Changing the Expected Service
Date
If the LEC will not be able to connect service on the expected
service date, it shall promptly notify the applicant of the new expected
service connection date.
d.
Connection Deadlines(i) All
reasonable efforts shall be made to serve qualified applications received for
service within 30 days unless a later date is requested by the
applicant.
(ii) If an applicant
requests service outside the base rate area and the LEC requires the applicant
to pay excess construction costs under tariff, the LEC shall complete the
construction and provide service to the applicant within 90 days of the
applicant's acceptance of the written proposal unless a later date is requested
by the applicant.
(iii) For
purposes of evaluating the quality of service, 95% or more of all qualified
applications monthly for each exchange must be served within the time frames
specified above except exchanges of 2000 lines or less will be evaluated on an
average of three consecutive monthly results.
(3)
Within Adjacent Unallocated
Territory a.
Initial
Information
Within 5 business days after receipt of a qualified application
for service, an ETC shall:
(i) inform
applicant that facilities are not readily available;
(ii) inform the applicant that within 55
business days the ETC will provide the applicant an expected service
date;
(iii) inform the applicant
that provision of service is dependent on allocation of the territory to the
ETC by the Commission;
(iv) inform
the applicant that provision of service is dependent on arrangements to
reimburse the ETC for all of its construction costs within the unallocated
territory from the Extension of Telecommunications Facilities Fund and/or the
applicant; and,
(v) inform the
applicant of the Extension of Facilities Fund and its applicable $250.00 limit
on the applicant's contribution.
b.
Written Proposal
Within 60 business days of the receipt of a qualified
application, the ETC shall provide a written proposal to the applicant which
shall provide:
(i) an explanation of
any conditions and circumstances the applicant must meet before service will be
provided;
(ii) an estimate of the
applicant's costs; and,
(iii) the
expected service date.
c.
Changing the Expected Service
Bate
If the ETC will not be able to connect service on the expected
service date, it shall promptly notify the applicant of the new expected
service connection date.
d.
Connection Deadlines(i) The ETC
shall complete the construction and provide service to the applicant within 90
days of the applicant's acceptance of the written proposal, unless the
applicant requests a later date.
(ii) For purposes of evaluating the quality
of service/ 95% or more of all qualified applications monthly for each exchange
must be served within the time frames specified above, except exchanges of 2000
lines or fewer will be evaluated on an average of three consecutive monthly
results.
Rule 9.02.
Extension of
Facilities
A.
Certificated Area
Each LEC shall make reasonable extensions of its facilities
within its certificated area. Also see Rule 3.03.
(1)
Base Rate or Supplemental Rate
Areas
Each LEC shall extend facilities within base rate and
supplemental rate areas at no cost to the applicant unless the applicant
requests non-standard plant construction.
(2)
Outside Base Rate or Supplemental
Rata Areas
a.
Local Exchange
Carrier Contribution to Construction Costs
(i) Each LEC shall construct standard outside
plant facilities at no cost to the applicant when the LEC's construction cost
for the circuit is less than or equal to 60 months of basic local exchange
revenue. This Rule does not preclude a LEC from developing a uniformly applied
plan that is more favorable to applicants for telephone service.
(ii) The LEC's contribution may be calculated
and described in feet or fractions of a mile as long as the result is at least
as favorable to the applicant as that calculated in Subdivision B.(1)a.
above.
(iii) The maximum line
extension to be constructed by the LEC at no cost to the applicant must be
filed as a tariff according to the Commission's Rules of Practice and
Procedure.
b.
Applicant Contribution to Construction Costs
(i) If the ETC/LEC is not awarded a grant
pursuant to Rule 9.03. or the applicant does not wish to wait until a grant is
available, the LEC may require applicants to contribute to construction costs
that exceed the maximum amount required of the LEC as described in the LEC's
extension of facilities tariff. If the ETC is awarded a grant pursuant to Rule
9.03., the ETC shall reduce the applicant's required contribution to the
construction costs by the amount of the grant so that the applicant's required
contribution does not exceed $250.00
(ii) The cost of the extension shall be based
on the most economically feasible route from the LEC's nearest point of
connection to the applicant's point of delivery, consistent with sound
engineering design for the LEC's system.
(iii) No portion of the cost for constructing
circuits needed to reinforce or parallel a LEC's existing facilities may be
included in calculating an applicant's contribution toward excess construction
cost.
(iv) If the LEC sizes
facilities in excess of the applicant's requirements for service, any cost to
be paid by the applicant shall be adjusted to reflect only the cost of his
service requirements.
(v) When a
customer pays for an extension of facilities and later moves from that service
location, the LEC shall attempt to leave those facilities in place for use by
other customers. If the LEC removes the facilities, an applicant requesting the
same extension of facilities at the premises shall obtain the extension
cost-free.
(vi) Each LEC shall file
its extension of facilities policy as a tariff according to the Commission's
Rules of Practice and Procedure.
(vii) Rule 9.03. shall apply when any
applicant applies for service at a location where facilities are not available
within the service territory and the applicant's contribution would otherwise
exceed $250.00.
B.
Adjacent Unallocated
Territory
Each ETC shall make reasonable extensions of its facilities
within adjacent unallocated territory. Also see Rule 3.03.
(1)
ETC Contribution to Construction
Costs
Each ETC shall pay the cost for constructing circuits needed to
reinforce or parallel an ETC's existing facilities.
(2)
Applicant Contribution to
Construction Costs a. If the ETC is
not awarded a grant pursuant to Rule 9.03. or the applicant does not wish to
wait until a grant is available, the ETC may require applicants to contribute
to construction costs. If the ETC is awarded a grant pursuant to Rule 9.03.,
the ETC shall reduce the applicant's required contribution by the amount of the
grant so that the applicant's required contribution does not exceed
$250.00.
b. The cost of the
extension shall be based on the most economically feasible route from the LEC's
nearest point of connection to the applicant's point of delivery, consistent
with sound engineering design for the LEC's system.
c. No portion of the cost for constructing
circuits needed to reinforce or parallel a LEC's existing facilities may be
included in calculating an applicant's contribution toward excess construction
cost.
d. When a customer pays for
an extension of facilities and later moves from that service location, the LEC
shall attempt to leave those facilities in place for use by other customers. If
the LEC removes the facilities, an applicant requesting the same extension of
facilities at the premises shall obtain the extension cost-free.
e. Each ETC shall file its extension of
facilities policy as a tariff.
f.
Rule 9.03. shall apply when any applicant applies for service at a location
where facilities are not available within an adjacent unallocated territory and
the applicant's contribution would otherwise exceed $250.00.
Rule 9.03.
Grant Program for Unserved Persons
Grants are available to an ETC for the extension of facilities
to persons unserved by its wireline services. ETCs shall make a request on
behalf of its applicants for fund allocation when required by Rule 9.02.A.
(2)b.(vii) or B.(2)f. The fund trustee will determine the allocation of
available funds to the requests received from ETCs.
A.
ETCs Initial Request for Grant
Program Funds
(1) Each ETC's fund
request shall be on a form the trustee prescribes.
(2) Each ETC shall request funds from the
trustee within 30 business days of an application for service at a location
within its service territory.
EXCEPTION:
When an engineering study is required, the ETC shall request
funds from the trustee within 60 business days of an application for service at
a location within its service territory.
(3) Each ETC shall request funds from the
trustee within 60 business days of an application for service at a location
within adjacent unallocated territory. The request shall include a copy of the
letters from other ETCs indicating their interest in serving the territory as
required by Subsection F. of this rule.
(4) The initial request may be based on the
ETCs estimated cost less $250.00 per applicant.
(5) Each initial request shall contain the
name and address of all members of the Arkansas General Assembly who have
constituents who would benefit from the requested grant.
(6) Requests the trustee denies for lack of
funds may be renewed by the ETC in the following calendar
year.
B.
ETC's True
Up Request for Grant Program Funds(1)
If the ETC's actual costs are greater than the amount of the grant, the ETC may
request a true up within 60 days of the applicant's service date.
(2) If the ETC's actual costs are less than
the amount of the grant, the ETC shall request a true up within 60 days of the
applicant's service date, within 60 days of the applicant's refusal to use the
grant, or within 60 days of the applicant's cancellation of service
request.
(3) Each ETC's true up
request shall be on a form the trustee prescribes.
(4) The true up request shall be based on the
ETC's actual costs less $250.00 per applicant served.
C.
Trustee Processing of
Requests
(1) For each request, the
trustee shall determine if funds will be awarded and advise an ETC in writing
within 30 days of receiving the request. This notice shall include the
estimated date funds will be available or an explanation of the reasons a
request is denied. The trustee shall advise the ETC in writing of any revisions
to the estimated date.
(2) For each
grant other than true up grants awarded, the trustee shall individually notify
in writing the members of the General Assembly who have constituents
benefitting from the award. The notice shall be sent to the General Assembly
members and a copy filed in Docket No. 02-080-A at the same time as the ETC
notice required by Subsection (1) of this Rule.
(3) The trustee shall deny a request due to
lack of funds only if funds equal to the proposed grant cannot be disbursed
within 12 months.
EXCEPTION:
The trustee shall be allowed to accumulate funds over a period
greater than 12 months for a proposed grant that exceeds the available funds
from an annual allocation of funds from the AICCLP.
(4) If an initial request is denied, the
trustee is not required to retain the request for future consideration. An ETC
may renew its request at the appropriate time.
(5) The trustee will pay administrative costs
from the annual fund allocation.
(6) The trustee shall disburse funds by the
10th of the month following the month during which
funds become available to cover the entire grant. The trustee shall generally
first disburse funds for true up grants awarded.
(7) The trustee shall provide to the
Commission monthly reports of initial and true up grants awarded by ETC by
exchange including at least the amount awarded and the number of additional
customers to be served or served.
(8) The monthly reports shall also include
for each ETC by exchange the grants that the trustee denied, the amount
requested, the number of additional customers proposed to be served, and the
reason the request was denied.
(9)
The monthly reports shall also include a statement of fiscal status for the
Extension of Telecommunications Facilities Fund including at least the funds
received, the funds disbursed, and the fund balance.
(10) The trustee shall file these reports in
Docket No. 02-080-A.
D.
Grant Award Criteria(1) In
determining whether to approve a request the trustee shall use the criteria in
Ark. Code Ann. §
23-17-404(e)
(8) (B) (i).
(2) The amount of any grant shall not exceed
the applicant's required contribution to construction costs as required by Rule
9.02. and Rules of Practice and Procedure, Rule 11.03.(f).
Until July 1, 2005, the applicant's required contribution to construction costs
shall be determined by using the ETC's extension of facilities tariff in effect
as of April 18, 2001.
(3) Until
July 1, 2005, grants shall not be awarded to extend wireline facilities to
replace basic exchange telecommunications radio service (BETRS).
(4) Grants shall not be awarded for the
extension of facilities to serve temporary or seasonal service
requirements.
(5) Grants shall only
be awarded for future extensions of facilities.
E.
Administration of Extension of
Telecommunications Facilities Funds(1)
The AICCLP Administrator shall assess telecommunications providers pursuant to
Ark. Code Ann. §
23-17-404(e)
(4) (D) to accumulate funds for the Extension
of Telecommunications Facilities Fund.
(2) Such funds accumulated by the AICCLP
shall be transferred to the trustee by the last business day of each
month.
(3) The trustee shall make a
reasonable effort to keep the funds in an interest bearing account.
(4) The trustee shall prepare an annual
estimate of funds required and provide the estimate to the Commission and a
copy to the AICCLP Administrator by January 5th of
the year being estimated. The estimate shall be reduced by the Extension of
Telecommunications Facilities Fund balance (if any) not awarded by the end of
the previous year. The estimate shall be filed in Docket No.
02-080-A.
F.
Unallocated Territory
When an ETC makes an initial request as required by Subsection
A. (3) of this rule,, it shall at the same time request the Commission to
allocate the geographic area not previously allocated to that ETC as required
by the Commission's Rules of Practice and Procedure, Rule
7.05.(a).
G.
Appointment of Trustee(1) The
Commission shall appoint a trustee who shall be neutral and impartial and not
have a direct financial interest in the funding mechanisms established by the
Commission.
(2) The trustee shall
serve at the Commission's discretion.
H.
Duties of the Trustee
(1) The trustee's general duties shall
include:
a. Determining the sufficiency of the
fund;
b. Receiving monies from the
AICCLP;
c. Disbursing grants from
the fund;
d. Managing the daily
operations and affairs of the grant program;
e. Cooperating in any periodic audits that
the Commission deems necessary;
f.
Resolving disputes;
g. Reviewing
and determining the accuracy and appropriateness of all requests for
grants;
h. Performing any other
duties the Commission orders; and,
i. Developing any forms necessary for grant
requests.
(2) The
trustee is expressly authorized to bring actions before the Commission to
enforce the provisions of the grant program.
I.
Audits
The Extension of Telecommunications Facilities Fund is subject
to an annual audit by an independent certified public accountant selected by
the Commission.
J.
Appeals from Trustee Decisions
A party aggrieved by the trustee's decision may appeal that
decision within 30 days to the Commission.
Rule 9.04
Business and
Residential ServiceA.
Business and residential rates are governed by the actual and obvious use of
the service. In general, business rates apply to any place where substantial
use of the service is business-related rather than domestic. For example,
business rates are applicable at the following local exchange locations:
(1) Offices, stores, factories, and all other
places of a strictly business nature;
(2) Rental/maintenance offices and
shared/public areas of boarding/rooming houses and apartment buildings, lobbies
and halls of hotels, private and public institutions, business offices,
colleges, clubs, lodges, schools, libraries, churches, and hospitals;
(3) At a residence where telephone use is
more of a business than residential nature as indicated by advertising through
newspapers, signs, circulars, business cards, etc.
B.
Service to Amateur Radio Tower
Locations
Service provided to amateur radio clubs at their tower
locations for clubs' autopatches shall be charged residential rates.
Rule 9.05
Intercept Service
A.
Vacant and Changed Numbers
(1) Each LEC shall intercept calls to vacant
and changed numbers until the numbers are assigned, reassigned, or are no
longer listed in the directory.
(2)
When a customer's telephone number is changed at the request of the LEC, the
LEC shall intercept all calls to the customer's former number until a new
directory is distributed.
B.
Incorrect Directory Listings
Each LEC shall intercept all calls to a number listed
incorrectly in the telephone directory until a new directory is distributed or
a correction sheet is mailed to each customer. In the event of a directory
listing error, the corrected information shall be maintained in the files of
the information operator and the correct telephone number furnished when the
listing is requested.
Rule
9.06
Minimum Grade of
Service
The minimum grade of service will be single party service with
no mileage or zone charges.
Rule
9.07
Telephone Directories
A.
Directory Publishing
Requirements(1) Each LEC shall arrange
to revise and publish a new telephone directory at least once each year for
each directory service area.
(2)
Each directory shall include the following information:
a. each listed customer's name, address, and
telephone number;
b. the name of
the LEC arranging the publishing of the directory, the exchanges included, and
the date issued (this information shall be printed on the front cover of each
directory);
c. instructions and
rules governing local and toll service, repair procedures, and methods of
payment;
d. telephone numbers for
emergency calls, such as police and fire departments (this information shall be
printed conspicuously on the front cover or first inside page of the
directory); and,
e. telephone
numbers that customers may call during business hours concerning bills or
services, or to report emergencies. If a business office serves more than one
community, toll-free calling to that office shall be provided. (Collect calls
accepted by the LEC are considered to be toll-free calls.)
B.
Delivery
Requirements
(1)
To the
Customer
Upon publication, each LEC shall furnish a copy of the revised
directory to each customer within the corresponding directory service area at
no charge. The LEC shall provide a directory to each customer for each of his
telephone numbers.
(2)
To the Commission
Upon publication, each LEC shall provide a copy of each revised
directory to the Consumer Services Office of the Commission.
C.
Directory Listing
Changes
Each LEC shall notify its customers in writing of telephone
directory closing dates and opportunities and procedures for making changes at
least 60 days before the closing date.
Rule 9.08
Local Telephone
NumbersA.
Assignment
Local telephone numbers shall be assigned at the discretion of
the LEC.
B.
Changes
and Customer Notification
Each LEC may make reasonable changes in local telephone numbers
after giving the affected customers 60 days notice of changes.
Rule 9.09
Base Rate Area Boundaries
Each ILEC shall continuously evaluate suburban growth and
telephone service needs to ensure that base rate area boundaries include all
well-populated contiguous territory whether located inside or outside of an
incorporated city or town.
Rule
9.10
Switched Services
Each LEC shall provide all local, interoffice, tandem, toll,
etc. switched services utilizing digital switching.
SECTION 10.
MAINTENANCE
Rule 10.01.
Restoration of
Service
A.
Restoration Requirements
(1)
General Requirements
If a customer experiences a service outage that does not result
in an emergency, the LEC shai 1 make every reasonable effort to restore service
not later than 24 hours after an outage is reported. If service cannot be
restored within 24 hours, the LEC shall make reasonable efforts to notify the
affected customers and give a time when service should be restored.
(2)
Emergency
Requirements
When the LEC becomes aware of an outage that results in an
emergency, the LEC shall begin immediate restoration of service and shall
continue restoration until service is restored.
B.
Evaluation Standards
(1) Ninety-five percent of all service
outages shall be restored within 24 hours after being reported, excluding
Sundays and New Year's Day, Independence Day, Thanksgiving Day, and Christmas
Day, when those holidays are not on Monday or Saturday.
(2) One hundred percent of all service
outages shall be restored within 5 days after being reported except as
described in Subdivision B.(3) of this Rule.
(3) Outages which are not logically
chargeable to the operation of the LEC, such as the results of major storms and
other major events beyond the control of the LEC, may be excluded from the
evaluation calculations.
(4)
Outages shall be evaluated separately for each exchange.
(5) Evaluation calculations shall be based
upon outages occurring during a one-month period.
Rule 10.02.
inspection and Repair of Plant Facilities
A.
Inspection
Each LEC shall adopt a program of inspection and maintenance of
its facilities in order to determine the necessity for replacement and repair.
The frequency of the various inspections shall be based on the LEC's experience
and accepted good practice. Each LEC shall be able to provide evidence of
compliance with its inspection program.
B.
Remedying Defects
(1) Telecommunications facilities with
defects which would endanger life or property shall be immediately repaired,
replaced, disconnected, or isolated.
(2) Deficiencies found during an inspection
which do not require immediate correction shall be scheduled for maintenance. A
periodic report of corrective activity shall be kept with or refer to the
appropriate inspection report.
C.
Permanently Abandoned
Facilities
When telecommunications facilities are permanently abandoned,
the LEC shall remove them or maintain them in a safe condition.
Rule 10.03.
Central Office Maintenance Program
In order to provide adequate and continuous service, each LEC
shall adopt and pursue an effective central office switching equipment
maintenance program. Each LEC shall be able to provide evidence of compliance
with its central office maintenance program.
Rule 10.04.
Tree
Trimming
A. While
trimming trees as part of the LEC's maintenance program, the LEC shall consider
the health of plant life involved, the goodwill of property owners, and the
safety of personnel to the extent practical.
B. Trees which may interfere with
communications facilities shall be trimmed or removed. Factors to be considered
in determining the extent of tree trimming required include:
(1) Normal tree growth;
(2) The combined movement of trees and
conductors under adverse weather conditions;
(3) Capacity and toll usage;
(4) Sagging of conductors at elevated
temperatures; and,
(5) Economic
trimming cycles.
C.
Where the LEC determines trimming or removal is not practical, the conductor
shall be separated from the tree with suitable materials or devices to avoid
conductor damage by abrasion and grounding of the circuit through the
tree.
Rule 10.05.
Local Exchange Carrier .Testing
Responsibility
When a LEC receives a trouble report from its retail customer,
the LEC shall test the local loop up to the point of demarcation.
A.
Simple Wire Customer
(1) If the problem is on the LEC's side of
the demarcation point, the LEC shall correct the problem at no cost to the
customer.
(2) If the problem is on
the customer's side of the point of demarcation, the LEC will notify the
customer that the problem is not in the LEC's wiring or equipment. There shall
be no charge to the customer for determining and informing the customer that
the problem is not in the LEC's facilities up to the demarcation point.
a. If the customer is a subscriber to a
customer premises wiring maintenance agreement with the LEC, the customer may
be entitled to further trouble isolation and/or repair provisions as specified
in the maintenance agreement. The LEC shall inform the customer about what is
covered within the maintenance agreement.
b. If the customer is not a party to a
customer premises wiring maintenance agreement with the LEC, the LEC must
inform the customer that the customer may:
(i)
request the LEC to estimate the cost for diagnosis and repair of the
problem;
(ii) request the LEC to
diagnose and repair the problem; or,
(iii) assume full responsibility for having
the problem diagnosed and repaired.
B.
Complex Wire Customer
(1) If the problem is on the LEC's side of
the demarcation point, the LEC shall correct the problem at no cost to the
customer.
(2) If the problem is on
the customer's side of the point of demarcation, the LEC will notify the
customer that the problem is not in the LEC's wiring or equipment. In the
absence of a tariff, there shall be no charge to the customer for determining
and informing the customer that the problem is not in the LEC's facilities up
to the demarcation point.
Rule 10.06.
Trouble Report
Evaluations
A. Each LEC
shall maintain service quality so that no more than 5 trouble reports are
received per 100 retail customer lines in any exchange each month. Exchanges of
2000 lines or less will be evaluated on an average of three consecutive monthly
results.
B. Reports may be excluded
from the trouble report evaluation which are:
(1) Related to customer premises equipment or
wiring; or,
(2) Problems which are
not logically chargeable to the operation of the LEC, such as the results of
major storms and other major events beyond the control of the LEC.
Rule 10.07.
Electrical Power Influence
Each LEC shall minimize interference to communications circuits
from inductive power influence by taking such steps as:
(1) Assuring that all grounding connections
are proper and that cable shields are continuous;
(2) Maintaining proper electromagnetic
balance of communications circuits;
(3) Coordinating with the electrical power
utility to identify and cooperatively develop a solution to noise problems;
and,
(4) Taking any other
appropriate measures.
Rule
10.08.
System and Equipment
Protection
A. Each UEC
shall properly install and maintain protectors at subscriber
premises.
B. The minimum standards
for protection devices, installations, and grounding shall be in accordance
with National Electrical Safety Code, Section 9, part 99 and National
Electrical Code, Article 800, Communication Circuits, especially Rules 800-30
for protective devices and 800-40 for grounding methods.
SECTION 11.
QUALITY
STANDARDSRule 11.01.
Adequate Facilities
Each LEC shall ensure that adequate facilities are available to
meet the requirements in these Rules.
Rule 11.02.
Repair Service
Answering TimeA. The
answer time for calls directed to a repair service number should be 20 seconds
or less.
B. For purposes of
evaluating the quality of service, the average answer time for 100% of the
calls shall foe 20 seconds or less.
Rule 11.03.
Local Exchange
Traffic Capability
Local central office equipment shall meet the following minimum
requirements during an average busy hour of the busy season:
A.
Dial Tone Delay
(1) A calling party should receive dial tone
within 3 seconds.
(2) For the
purpose of evaluating the quality of service, the average dial tone delay shall
be 3 seconds or less.
B.
Switching Equipment Status(1) A
calling party originating traffic that terminates within a central office shall
encounter a ring back tone, a busy signal, or an intercept recording.
(2) A calling party originating traffic which
is blocked due to insufficient intra-office trunking shall receive a signal
indicating an "equipment busy" condition.
Rule 11.04.
Inter-office
Traffic Capability
Trunk circuit groups shall have sufficient capacity to allow
the following percentages of call completions without encountering an
all-trunks-busy signal during the average busy hour of the busy season:
(1) Toll connecting calls: 97%;
(2) Inter-office local calls: 95%;
and,
(3) Extended Area Service
calls completion; 94%.
Rule
11.05.
Local Exchange Central Office Call
Completion
Central office switching equipment shall be engineered and
maintained to complete at least 98% of all intra-office test calls originated
with standard industry switching service analyzers.
Rule 11.06.
Emergency Power
Operation.
Each LEC shall provide emergency power for each central
office.
A. Each central office without
a permanently installed emergency power system shall be wired to permit
connection of a mobile emergency power unit, and there shall be a mobile
emergency power unit available for connection on short notice with minimum
travel time.
B. Each central office
shall be equipped with a battery reserve sufficient to sustain operation until
emergency power can be connected.
Rule 11.07.
Transmission
Standards
A.
General Information
(1) Both the
objectives and the limits for transmission values are presented in these Rules.
However, values which are between an objective and the respective maximum or
minimum limit are not violations, though surveillance and possibly corrections
are indicated.
(2) These Rules do
not address transmission quality standards of all circuit parameters; for
example, return loss, crosstalk, impulse noise, etc. However, BOC Notes on the
LEC Network - 1990 Special Report SR-TSV-002275, Issue l, March 1991, published
by Bellcore, is adopted as the minimum transmission standard for circuits which
originate and terminate in Arkansas.
(3) The following transmission loss and noise
value requirements do not include the attenuation from devices such as
impedance matching transformers or 2dB test pads.
B.
Quality of Service
Requirements(1) Values above the
maximum or below the minimum limits in Subsections C, D., and E. of this Rule
require immediate attention and correction.
(2) For purposes of evaluating the quality of
service, each type of circuit shall be evaluated separately and at least 95%
must comply with the respective maximum or minimum limits.
C.
Subscriber Loop Standards
(1) Loop current (terminated in a 200 ohms
resistance or an equivalent test instrument):
a. objective 23.0 milliamperes
b. minimum 20.0 milliamperes
(2) Transmission loss at 1004
Hertz, excluding central office loss:
a.
objective 8.0 decibels
b. maximum
10.5 decibels
(3)
Metallic (message circuit) noise:
a. objective
20.0 dBrnC
b. maximum 30.0
dBrnC
D.
Inter-office or Extended Area Service (EAS) Trunk Standards
(1) Transmission loss at 1004 Hertz:
a. objective 4.0 decibels
b. maximum/minimum +/- 4.0 decibels
(2) Message circuit noise for
electronically derived (carrier) circuits:
a.
objective 21.0 dBrnC
b. maximum
28.0 dBrnC
(3) Message
circuit noise for metallic (copper) circuits:
a. objective 25.0 dBrnC
b. maximum 36.0 dBrnC
E.
Toll Connecting Trunk
Standards(1) Transmission loss at 1004
Hertz:
a. objective 3.0 decibels
b. maximum/minimum +/- 3.0 decibels
(2) Message circuit noise:
a. objective 23.0 dBrnC
b. maximum 32.0 dBrnC
* dBrnC = decibels above reference noise with C-message
weighting.
SECTION 12.
EXTENDED AREA
SERVICE
These rules are pursuant to, and in accordance with, the
provisions of Act 1764 of 2003 as codified in Ark. Code Ann. §
23-17-403(28),
§
23-17-412(i)
(1), §
23-17-407(b)
(1), and §
23-17-414.
Rule 12.01.
Request to the
Commission for EAS
A. If
the request is for two-way EAS, customers in each requesting exchange must
provide a customer petition or a resolution of the customers' quorum court or
other governing body.
B. Petition
by customers:
(1) The petition must be in
writing and comport to the requirements of the Commission's RuIes of
Practice and Procedure (RPP) Rule 2.02.
(2) The petition form shall include the
following:
a. A description of the EAS route,
including whether the EAS route is one-way or two-way EAS.
b. Notice that the petition is to request an
election on the proposed EAS route.
c. Notice that, if approved by election,
there will be a mandatory rate charged to all customers in the
exchange.
d. Notice that an
election will only be held if at least fifteen percent (15%) of the petitioning
exchange customers sign the petition.
e. Notice that only ILEC customers within the
requesting exchange may sign the petition.
f. Columns for the petitioning exchange
customer to print their name, address, telephone number, and sign the
petition.
(3) For an
election to occur, the petition must be signed by at least fifteen percent
(15%) of the petitioning exchange customers. For two-way EAS, both petitions
must be signed by at least fifteen percent (15%) of the petitioning exchange
customers. At a customer's request, the ILEC shall provide the number of
signatures required to meet the fifteen percent (15%) requirement.
(4) Only one signature per billing address
shall be counted.
(5) The
petition(s) shall be filed with the Secretary of the Commission. The
petition(s) may be filed by either the Petitioning Exchange Customers or the
ILEC. Upon receipt of a petition, the Secretary of the Commission shall serve a
copy on the affected ILEC(s).
(6)
In addition to the original petition forms, the filing shall include a cover
letter with:
a. A description of the request,
such as one-way EAS, two-way EAS, the exchanges involved, etc.
b. The name of the ILEC or ILECs that
provides service to the petitioning exchange customers.
(7) Within fifteen (15) days of the petition
filing date, the ILEC shall certify to the Commission that the petition was
signed by at least fifteen percent (15%) of the petitioning exchange customers.
Validation of the petition shall be by telephone number and billing
address.
C. Resolution
of the customers' quorum court or other local governing body:
(1) The resolution must be in writing and
comport to the requirements or RPP Rule 2.02.
(2) The resolution shall include:
a. A description of the request, such as
one-way EAS, two-way EAS, the exchanges involved, etc.
b. The name of the ILEC or ILECs that
provides service to the petitioning customers.
(3) The resolution shall be filed with the
Secretary of the Commission, The resolution may be filed bythe
quorum court or other local governing body or the ILEC. Upon receipt of a
petition, the Secretary of the Commission shall serve a copy on the affected
ILEC(s).
Rule
12.02.
BAS Rate
A. The EAS rate shall include the ILEC's
revenue that is replaced by EAS, which is lost toll revenue.
B. The EAS rate may include other just and
reasonable costs related to the new EAS route, such as, additional facilities
and changes in access costs and revenues.
C. Generally, the EAS rate shall not include
any one-time expenses, such as programming and billing expenses. However, an
ILEC may request recovery of such one-time expenses through the EAS rate. If
the Commission determines such costs to be just and reasonable costs and
appropriate for recovery through the EAS rate, then these costs shall be
amortized over the expected life of the proposed EAS route.
D. The ILEC shall use at least three (3)
months and no more than twelve (12) months of data in developing the rate. The
data shall be from the billing months immediately preceding the petition filing
date.
E. The ILEC shall use the
most recent month ending access line count in the rate development. All access
lines subject to the EAS rate shall be included in the access line
total.
F. ILEC official lines shall
be excluded from both the revenue and access line numbers.
G. The ILEC may develop rates that are
different for residential and business customers.
H. Within seventy-five (75) days of the
filing of a valid petition, the ILEC shall file with the Commission sufficient
information to verify the lost toll revenue and the calculation of the EAS
rate(s) . The ILEC shall also include a proposed ballot and proposed
implementation date with its filing'.
I. The ILEC shall make all supporting
documentation underlying the development of the EAS rate available to the
General Staff. This information shall be subject to review, analysis, and audit
to confirm compliance with Ark. Code Ann. §
23-17-414(b) (1)
(B).
Rule 12.03.
EAS Election
Process
A. Balloting
shall occur within forty-five (45) days of a Commission order approving the
ballot and implementation date, and verifying the rate(s).
B. At least fifteen (15) days prior to the
balloting date, the ILEC shall provide notice to all basic local exchange
customers in the EAS exchange of an EAS election. The notice may be by separate
mailing, bill insert, or other reasonable medium.
C. Balloting shall occur within six (6)
months of:
(1) Receipt of a valid petition
or
(2) Receipt of a resolution by
the customers' quorum court or other local governing body.
D. At least fifty percent (50%) of the
ballots in each exchange must be returned to have a valid election. If less
than fifty percent (50%) of the ballots are returned, EAS will not be
implemented.
E. The balloting shall
include a validation process (e.g. sequential numbering of ballots).
F. At a minimum, the ballot shall include the
following:
(1) The calling scope of the
proposed EAS route.
(2) The date a
ballot must be received in order to be counted.
(3) The proposed rate or rates.
(4) Information about the basis for
implementation.
(5) The estimated
date for implementation if approved.
(6) A space for the customer to vote and
write any comments.
(7) An ILEC
telephone number to contact for additional information.
G. Ballots shall be sent in a separate
mailing unless the Commission approves an alternative method of balloting. The
separate mailing shall clearly state on the exterior of the mailing that it
contains information that could affect the customer's calling scope and
rates.
H. Only one ballot will be
sent to each billing address. One ballot per billing address will be
counted.
I. Ballots must be
received within thirty (30) days of the ballot mail date in order to be
counted.
J. Return of the ballot
will be pre-paid by the ILEC.
K.
The ballots shall be returned to the ILEC and the ILEC shall certify the
results to the Commission within fifteen (15) days of the ballot return date.
The ballots shall be retained by the ILEC for at least twelve (12) months from
the ballot return date.
L.
Implementation of the EAS route will occur if in each exchange either of the
following occurs:
(1) Seventy-five percent
(75%) of the returned ballots vote for the EAS route, or
(2) A majority of the total mailed ballots
vote for the EAS route.
Rule 12.04.
Post Election
NotificationA. Customers
shall be notified of the results of the election within forty-five (45) days of
the ballot certification date.
B.
Notification may be by mail, bill insert, bill message, or other reasonable
means.
C. The notification shall
include the following:
(1) A description of
the EAS route.
(2) The results of
the EAS election.
(3) The
implementation date, if applicable.
(4) The EAS rate or rates.
Rule 12.05.
Timeframe for New EAS Election or Rate
An EAS election is considered valid for five (5) years from the
ballot certification date. During this time an ILEC is not required to provide
a new EAS rate or have a new election for the same route.
Rule 12.06.
ILEC Initiation
of New EA5 Rate
Consistent with Ark. Code Ann. §
23-17-414(b)(2)
and (c), after the initial election and
implementation of EAS, the ILEC can initiate a proceeding with the Commission
to change the rate(s} pursuant to the provisions of these rules.
III.
INTEREXCHAHGE SERVICE
SECTION 13.
PROVISION OF SERVICE, CERTIFICATION AND BILLING
Rule 13.01.
Provision of
Service
To ensure the continued provision of interexchange
telecommunication services in a manner consistent with the public interest, it
is the Commission's policy that every local exchange area have access to
interexchange telecommunications service, except that a TP must be allowed to
discontinue service, without Commission approval, to a local exchange area if
comparable service is available in the area and the discontinuance is not
contrary to the public interest. This section does not authorize the Commission
to require a TP that has not provided services to a local exchange area during
the previous 12 months and that has never provided services to that same local
exchange area for a cumulative period of one year at any time in the past to
initiate services to that local exchange area.
Rule 13.02.
Certification
No TP shall offer intrastate long distance or toll service
within Arkansas without first obtaining a certificate of public convenience and
necessity (CCN) from the Commission. All applications shall be made in
accordance with the Commission's Rules of Practice and Procedure.
Rule 13.03.
Records
All TP's records required by these Rules, or necessary for the
administration thereof, shall be maintained in a manner so as to be readily
available to the Commission or its authorized representative upon
request.
Rule 13.04.
Required Billing Information
TP bills shall be rendered not later than ninety (90) days
after service is provided. Such bills shall contain the following
information:
(1) Name and telephone
number or identifying number under which service is billed.
(2) Any previous balance due.
(3) The ending date of the bill cycle or the
invoice date.
(4) Either the due
date of the bill or the total payable upon receipt and, if applicable, the date
on which a late payment charge will be imposed.
(5) Itemization of the charges including any
applicable taxes.
(6) Name and a
toll free telephone number of the TP for billing inquiries.
Rule 13.05.
Over- and Underbilling
Where a TP has overbilled a customer, the TP shall make a
refund or billing credit in a subsequent billing cycle following discovery and
computation of the overbilled amount. When a TP bills a customer an amount
correcting a previous underbilling, and it results in an undue hardship on a
customer, the customer may call and make special payment arrangements, unless
the underbilling was caused by unauthorized or fraudulent use or procurement of
service.
Rule 13.06.
Wrong Number Credit
When a customer reaches a wrong number on an intrastate toll
call and promptly notifies the appropriate TP representative, the TP shall
credit the customer's account for that call.
Rule 13.07.
Prepaid
Services
Prepaid services shall be permitted. Amounts received for
prepaid services shall not be treated as deposits.
Rule 13.08.
Deposits
TPs may require deposits from customers and shall pay interest
thereon at the rate prescribed by the Commission.
SECTION 14.
RURAL SAVER OPTIONAL
CALLING PLANRule 14.01.
Description
The Rural Saver Optional Calling Plan provides for residential
calling to a customer's county seat plus calling to other exchanges within a 41
mile (radius) circle. The plan is further defined as followa:
A. Only intrastate, intraLATA calls will be
included in the plan.
B. The plan
will be limited to 60 minutes of calling each month.
C. Calling to a county seat greater than 41
miles away shall be limited to only those customers residing in the county and
not all customers in the exchange.
D. Usage shall be rated in the same or
smaller increments than was used for rating optional calling plans on April 20,
2001 (effective date for Act 1769 of 2001).
E. The calling distance shall be measured
using the industry standard method of V and H coordinates of the rate centers
serving the originating customer and the called telephone number.
F. Customers shall be required to dial 1+10
digits.
G. Customers shall be
allowed to select, if available, at least one additional optional calling
plan.
Rule 14.02.
Availability
A. The Commission shall determine the ILEC
exchanges to be served based on total access lines. Initially, the exchange
size to be served shall be no more than 2,600 total access lines.
The plan shall not be available in exchanges meeting the total
access line requirement but where it is not possible to make intrastate,
intraLATA calls within a 41 mile circle.
B. Each ILEC shall make the plan available to
customers located in such exchanges.
C. Each ILEC that is also an ETC shall make
the plan available to customers located within the ILEC exchanges defined by
Subsection A. of this rule,
D. On
an exchange basis, the plan shall continue to be available to existing plan
customers when the exchange access line count at the end of September exceeds
the cutoff established in Subsection A. of this rule, but the plan will no
longer be offered to new customers starting January 1" of the next
year.
E. Starting January l" of the
next year, the plan shall be available in all exchanges where the exchange
access line count at the end of the preceding September is less than the cutoff
established in Subsection A. of this rule.
Rule 14.03.
Rates
A. The Commission shall determine rates
pursuant to Ark. Code Ann. §
23-17-120(b)(1).
The initial rates shall be:
|
(1)
|
Monthly End User Charge Per Access Line
|
$2.50
|
|
(2)
|
Per Minute Usage Charge
|
$0.00
|
|
(3)
|
Other Monthly End-User Charge
|
$0.00
|
|
(4)
|
Non-recurring Charge
|
None
|
B. The
plan provider may receive additional funding from the ACPF as set out in Rule
14.04.
Rule 14.04.
Arkansas Calling Plan Fund
A.
Request for Calling Plan
Funds
(1) Each ILEC/ETC providing the
Rural Saver Optional Calling Plan shall provide a monthly fund request to the
administrator on a form the administrator prescribes.
(2) Each ILEC/ETC shall request funds from
the administrator no later than the first day of the fourth month following the
end of the month in which service is provided.
(3) Each request shall contain the monthly
billed minutes of use associated with the plan, the total number of billed
access lines subscribed to the plan, and the billed monthly usage charges and
the billed other monthly end-user charges associated with the plan.
(4) If an ILEC/ETC requests funds for
reimbursement of one time costs for initial customer notifications, initial
tariff filing, or initial reprogramming of billing systems, it shall do so only
with its initial request.
(5) Each
ILEC/ETC making correcting requests for funds shall do so by month and on a
form the administrator prescribes. Such correcting requests shall be limited to
the 16 calendar months immediately preceding the current month.
(6) An ILEC/ETC may renew its request for
funds in a subsequent month if the administrator denies a request.
(7) Each ILEC/ETC making fund requests shall
provide to the administrator by the end of each November a listing of exchanges
where the plan will be made available in the following year pursuant to Rules
14.02.D. and E. and any other information required by the administrator to
prepare the annual estimate required by Subsection D.(4) of this rule. The
information shall be provided on a form the administrator prescribes.
B.
Administrator Processing
of Requests(1) The administrator shall
determine the disbursement of funds to each ILEC/ETC by multiplying the monthly
billed minutes of use by the ILEC's/ETC's unique blended rate per minute,
defined below, then adding any qualifying one time costs, then subtracting
monthly end-user charge revenue, then subtracting billed monthly usage charges,
and then subtracting billed other monthly end-user charges. The monthly
end-user charge revenue shall be determined by multiplying the number of billed
access lines subscribed by the monthly end-user charge.
When revenues exceed costs for an ILEC/ETC the administrator
shall carry the excess revenues forward and subtract from costs in the next
month. In a similar manner the administrator shall carry forward any excess
revenues from the first two months to the next month. The ILEC/ETC shall be
billed for any excess revenues remaining after the third month and billed in
succeeding months having a revenue excess. The ILEC/ETC shall be billed at the
same time funds are disbursed as required by Subsection B. (2) of this rule.
The ILEC/ETC shall remit funds to the administrator to cover the bill with the
following month's fund request required by Subsection A.(1) of this
rule.
(2) By the fifth
workday of the month following the month in which funds are timely requested,
the administrator shall disburse funds or advise the ILEC/ETC in writing why
funds will not be provided.
EXCEPTION:
Funds shall not be disbursed to any ILEC/ETC until funds are
available to adequately cover all requests.
(3) Each month the administrator will pay
administrative costs from the annual fund allocation before any funds are
distributed to any ILEC/ETC.
(4)
The administrator shall provide to the Commission monthly reports that include
the funds collected, funds requested, funds disbursed, administrative costs,
and fund balance.
(5) The monthly
reports shall also include for each ILEC/ETC, the funds requested, funds
disbursed, billed minutes of use, number of billed access lines subscribed,
billed monthly usage charges, and billed other monthly end-user
charges.
(6) The administrator
shall file these reports in Docket No. 02-G37-A.
C.
Blended Rates
(1) The blended rate refers to a unique rate
per minute for each ILEC/ETC that combines the different rates for optional
calling plans and message telecommunications service into one rate based on a
weighting of minutes of use in each plan or service.
(2) The blended rate is determined by
accumulating the revenue and minutes of use associated with billing for certain
optional calling plans and day rated message telecommunications service calls
within the 41 mile circle for the initial 60 minutes for 2 consecutive months
and dividing the revenue by the minutes of use rounded to 4 decimal places. The
data used shall be from 2 consecutive recent months. The revenue for optional
calling plans shall be based on the per minute rate for additional calling in
excess of the monthly allowance. A composite day rate shall be computed for
ILECs/ETCs using mileage banded day rates. The computation shall be to divide
the message telecommunications interexchange dollars billed for calls within
the 41 mile circle by the corresponding minutes of use.
(3) The optional calling plan data included
in the determination of the ILEC blended rate shall be from the Extended
Community Saver, Community Call Saver, Circle Saver, Circle Saver Trial,
1+Saver, IntraLATA, One Price-Residential, Simple Saver, and Single
Plans.
(4) The optional calling
plan data included in the determination of the CLEC blended rate shall be from
the CLECs optional calling plans most likely to experience customer migration
to the Rural Saver Optional Calling Plan. In the absence of 2 months of
historical calling data, the CLEC blended rate shall be set at the weighted
average of $0.1314 per minute determined in Docket No. 01-169-R.
(5) Once determined, the blended rate for
each ILEC/ETC shall not be revised. The blended rate for the ILECs shall be as
approved in Docket No. 01-169-R.
D.
Administration of Arkansas Calling
Plan Funds(1) The AICCLP Administrator
shall assess telecommunications providers pursuant to Ark. Code Ann. §
23-17-404(e)
(4) (D) to accumulate funds for the
ACPF.
(2) ACPF funds accumulated by
the AICCLP shall be transferred to the administrator by the last business day
of each month,
(3) The
administrator shall make a reasonable effort to keep the funds in an interest
bearing account.
(4) The
administrator shall prepare an annual estimate of funds required and provide
the estimate to the Commission and a copy to the AICCLP Administrator by
January 5th of the year being estimated. The
estimate shall be reduced by the previous end of year balance {if any) in the
ACPF. The estimate shall be filed in Docket No. 02-037-A.
E.
Appointment of Administrator
(1) The Commission shall select the
administrator-Initially, the AICCLP Administrator shall be the ACPF
Administrator.
(2) The
administrator shall serve at the Commission's discretion.
F.
Duties of the Administrator
(1) The administrator's general duties shall
include:
a. Determining the sufficiency of the
fund;
b. Collecting and receiving
monies paid into the ACPF;
c.
Disbursing monies from the ACPF;
d.
Managing the daily operations and affairs of the ACPF;
e. Cooperating in any audits that the
Commission deems necessary;
f.
Resolving disputes;
g. Reviewing
and determining the consistency and reasonableness of all requests for
monies;
h. Performing any other
duties the Commission orders; and,
i. Developing any necessary forms.
(2) The administrator is expressly
authorized to bring actions before the Commission to enforce the provisions of
the ACPF.
G.
Audits
The ACPF is subject to an annual audit by an independent
certified public accountant approved by the Commission. Cost of the audit shall
be considered an administrative cost and paid from the annual fund
allocation.
H.
Appeals from Administrator Decisions
A party aggrieved by the administrator's decision may appeal
that decision within 30 days to the Commission,
IV. OPERATOR SERVICE
SECTION 15
OPERATOR SERVICES
Rule 15.01.
Operator
Services - Aggregator Location
A.
Posting Requirements
(1) Each Operator Services Provider (OSP)
shall:
a. Ensure, by contract or tariff, that
each aggregator, for which such provider is the pre-subscribed provider of
operator services, posts on or near the telephone instrument, in plain view of
consumers:
(i) the name, address and toll-free
number of the provider of operator services;
(ii) a written disclosure that the rates for
all operator-assisted calls are available on request/ and that consumers have a
right to obtain access to the intrastate common carrier of their choice and may
contact their preferred intrastate common carrier for information on accessing
that carrier's service using that telephone; and,
(iii) the name and address of the Consumer
Services Office of the Arkansas Public Service Commission, to which the
consumer may direct complaints regarding operator services.
b. Ensure, by contract or tariff,
that aggregators will not block "800 type" or "950" access code numbers. "10XXX
0+ and 0-" access code numbers shall be unblocked for intrastate calls at
locations where the serving LEC can provide originating line
screening.
c. Withhold payment, on
a location-by-location basis, of any compensation, including commissions, to
aggregators, if such provider reasonably believes that the aggregator is
failing to meet the posting requirements or is blocking access, in violation of
paragraph A.(1)a. or A.(1)b. of this rule.
B.
Disclosure and Billing
Practices(1) An OSP shall "brand"
calls to more fully ensure that customers have freely chosen to use that
company's services. The first brand must occur at the beginning of the call
prior to the entering of a billing number by the customer. For automated
systems, the first brand shall occur prior to or immediately after the "bong
tone", which signals callers to begin entering a dialing number. OSPs using
automated equipment that routes calls to other service providers based on the
billing information provided by the consumer may brand immediately after the
input of such billing information so that the consumer hears only the brand of
the OSP who is actually handling the call. Parties shall not brand in the name
of another party if rates are merely modeled on or copied from that party' s
rates and that party has not consented to the use of its name in the brand. The
second brand shall occur before connecting the call and before a charge is
incurred by the end user.
(2) An
OSP shall allow consumers to terminate calls without incurring a charge before
a connection is completed.
(3) An
OSP shall disclose upon request and at no cost to the consumer, information
regarding its rates and charges. Any rates quoted by an OSP must be exact
rather than approximate, based on the pricing of the specific call.
(4) An OSP shall not bill for unanswered
calls in areas where answer supervision is available, and shall not knowingly
bill for such calls where answer supervision is not available. This rule shall
not apply to providers of automated message delivery services (AMDS), provided
that the AMDS provider does not bill for the initial call if it is unanswered
or uncompleted.
(5) An OSP shall
not "splash" a call except when a consumer specifically requests that the call
be completed, is informed that the bill for the call might reflect a different
originating location, and consents to having the call splashed.
(6) OSPs, including automated services, must
connect emergency calls to the appropriate emergency service serving a caller's
location at no charge to the caller. Emergency calls shall be connected to the
appropriate emergency service provider for the reported site of the emergency
when the originating call location is different from the site of the
emergency.
(7) An OSP shall provide
consumers using its services access to a live operator at the outset of the
call and prior to the consumer incurring a charge.
(8) An OSP shall disclose, without a charge
and upon request, the methods by which complaints concerning such rates,
charges, or collection practices will be resolved.
(9) An OSP shall not impose any charges over
and above the rates on file with the Commission. An OSP shall not bill or
include as part of its operator service charges, any surcharge imposed by the
call aggregator for or in connection with telephone service provided by the
OSP.
(10) The OSP shall render
bills not later than ninety (90) days after service is provided.
(11) OSPs shall report intrastate usage to
the Administrator of the Arkansas Carrier Common Line Pool for appropriate
recovery of non-traffic sensitive costs associated with the local
loop.
(12) If an OSP satisfies
Rules 15.01.A. (1) a. and b. by contract, the OSP shall file sample location
contracts with the Commission and the sample location contracts shall be
maintained with the OSP's tariffs in the Office of the Secretary of the
Commission.
C.
Exemptions
Correction and inmate facilities are exempt from all OSP rules
except Rule 15.01.B.(11).
Rule 15.02.
Operator
Services - Answering Time
A.
Operator Assistance
(1) The operator answer time for
operator-assisted calls should be 10 seconds or less.
(2) For purposes of evaluating the quality of
service, the average operator answer time for 100% of the calls shall be 10
seconds or less.
B.
Operator Information or Intercept Service
(1) The operator answer time for calls
directed to an information operator or intercept service should be 15 seconds
or less.
(2) For purposes of
evaluating the quality of service, the average operator answer time for 100% of
the calls shall be 15 seconds or less.
ARKANSAS PUBLIC SERVICE COMMISSION TELECOMMUNICATIONS
PROVIDERS RULES
V.
PUBLIC
TELEPHONE SERVICE
SECTION 16.
PUBLIC TELEPHONE SERVICERule
16.01
Public Interest Payphone
Service
To request that a public interest payphone be installed or
operated in an exchange, an individual, municipality, governmental entity,
nonprofit corporation or public service organization shall submit a written
request to the Commission's General Staff identifying a specific public health,
safety or welfare objective which will be served by installation or operation
of a public interest payphone within the requested exchange. If the General
Staff determines, after review and investigation of the written request, that
the request is justified and should be granted, it shall notify the eligible
telecommunications carrier serving the requested exchange of the pending
request and its determination. Unless the eligible telecommunications carrier
submits written notification to the General Staff challenging its determination
of need within twenty (20) days of the receipt of the General Stars notice, the
eligible telecommunications carrier must ensure that at least one public
interest payphone, providing continuous twenty-four (24) hour service in a
well-lighted area, is accessible to the public at all times in the exchange
designated by the requesting party.
If the eligible telecommunications carrier submits a written
notification challenging the General Staffs determination of need, the General
Staff shall request that the Commission commence a proceeding naming the
eligible telecommunications carrier to resolve whether a public health, safety
or welfare objective would be served by installing or operating a public
interest payphone within the requested exchange.
Under no circumstances shall an eligible telecommunications
carrier be required to install or operate a public interest payphone in
response to such a request if it can demonstrate that
(1) Another telecommunications provider is
already providing a payphone within the exchange, or
(2) The installation and/or maintenance of a
public interest payphone within the requested exchange would be an undue/costly
burden on the eligible telecommunications carrier.
