Current through Register Vol. 49, No. 2, February 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 - ½ of the deposit before receiving
service and the remaining ½ 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.
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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.
