Current through Register Vol. 35, No. 18, September 24, 2024
A.
Fifteen day notice. At least
fifteen (15) days before a LEC discontinues basic local exchange service to a
customer, the LEC shall mail written notice to the customer stating its intent
to discontinue service and setting forth the customer's rights regarding
discontinuance of service. The notice shall be in English and Spanish, shall be
dated, and shall be in simple, nontechnical language. The notice shall be sent
by U.S. Mail, postage prepaid, to the last address for the customer known to
the LEC. A fifteen-day notice of discontinuance shall contain:
(1) the toll-free telephone number and
working hours of LEC personnel responsible for administering the procedures in
this section;
(2) the amount owed
and the specific date service will be discontinued unless the customer pays the
amount due or makes other arrangements with the LEC concerning payment of the
charges; upon request, the LEC shall provide information to the customer
concerning the outstanding charges, including the dates of the service interval
over which the outstanding charges were incurred and the date and amount of the
last payment;
(3) a statement that
basic local exchange service cannot be discontinued for failure to pay charges
for toll or discretionary services;
(4) a statement that, if the customer pays
the portion of the bill which the customer does not dispute, the LEC shall
review the portion of the bill which the customer does dispute;
(5) a statement that a customer may file a
complaint with the consumer relations division of the commission if the
customer disagrees with the LEC's determination concerning discontinuance of
service;
(6) a statement in capital
letters of the cost of reconnection;
(7) for residential customers, a statement
that:
(a) the LEC will not discontinue basic
local exchange service to a residence where a seriously or chronically ill
person resides, or will re-establish service to such a residence, if, at least
two (2) days prior to the proposed service discontinuance date specified in the
notice:
(i) the LEC receives a medical
certification, valid for thirty (30) days, on the form prescribed by the
commission in 17.11.16.33 NMAC or a substantially similar form, from a medical
professional stating that discontinuance of service might endanger the
customer's life or health;
(ii) the
LEC receives a financial certification, valid for ninety (90) days, on the form
prescribed by the commission in 17.11.16.34 NMAC or a substantially similar
form, from the customer stating that the customer does not have the financial
resources to pay the charges for telecommunications services; and
(iii) the residential customer enters into a
payment plan with the LEC;
(b) if service has been discontinued, the LEC
shall reestablish service within twelve (12) hours after the residential
customer has satisfied the requirements of subparagraphs (a)(i) through
(a)(iii) of paragraph (6) of this subsection;
(c) the residential customer will not be
relieved of the obligation to pay for services rendered if service is continued
or reestablished under the provisions of this paragraph; and
(d) timely delivery by a residential customer
to the LEC of duly executed medical certification and financial certification
forms shall be adequate to delay discontinuance of service for at least thirty
(30) days and that the LEC may, in its discretion, delay the discontinuance for
a longer period;
(8) for
residential customers, blank copies of the medical certification form
prescribed by the commission in 17.11.16.33 NMAC and the financial
certification form prescribed by the commission in 17.11.16.34 NMAC, or
substantially similar forms; these forms include an agreement to enter into a
payment plan with the LEC;
(9) for
residential customers, the following statement in capital letters, "If you have
difficulty paying this bill, and feel you may qualify for assistance from the
low income telephone assistance program (LITAP), contact a customer service
representative at [insert toll-free telephone number of the carrier's customer
service department]. You may obtain an application for the low income telephone
assistance program at our billing offices or we can mail an application to you.
You should return the completed application and proof that you meet the
eligibility requirements for one or more need-based assistance programs
administered by the human services department to us at [insert name and mailing
address of carrier's office]. If you do not have such proof, you should contact
your local human services department income support division office or call the
HSD customer help desk at its toll free telephone number for information on how
to obtain proof of eligibility."
B.
Two-day notice. Each LEC
shall take reasonable steps to communicate with a customer by telephone or
personal contact at least two (2) days prior to the actual date of
discontinuance of service to remind the customer of the pending date of
discontinuance of service, advise the customer again of the availability of
financial assistance for telecommunications services payments, and obtain
payment of delinquent accounts. The LEC employee who personally contacts a
residential customer shall note any information made known to the employee by
the residential customer regarding any resident's serious illness or life
endangering health condition, such as whether a resident is physically
disabled, frail, or elderly. Such information shall immediately be reported in
writing to a LEC employee authorized to prevent discontinuance. That employee
shall either delay the discontinuance if it is apparent that the forms required
by Subparagraphs (a)(i) and (a)(ii) of Paragraph (7) of subsection A of this
section will be received or state in writing why discontinuance of service will
not be delayed. The LEC and LEC employee shall be held harmless for errors made
in good faith in noting, acting upon, or failing to act upon the information
made known by the residential customer.
C.
Third-party notification.
Each LEC shall offer its residential customers a third party notification
program and shall notify residential customers that such program is available.
The LEC shall extend the third party notification program to those residential
customers who notify the LEC in writing of their desire to participate in the
program and designate a specific person, organization, or governmental agency
that is ready, willing, and able to assist the residential customer with the
payment of LEC bills. Upon receipt of such notice and designation from a
residential customer, a LEC shall not discontinue service to a participating
customer for nonpayment of past due charges without providing the fifteen (15)
day notice and the two (2) day notice required by this section.
D.
Hours when service may be
discontinued. A LEC may discontinue service to a residential customer
Monday through Thursday during the hours from 8:00 a.m. to two (2) hours before
the LEC's business office regularly closes. A LEC may not discontinue service
less than twenty-four (24) hours prior to a holiday or weekend unless the LEC's
business office is open for receipt of payment of past due charges and LEC
personnel are available to restore service during the holiday or weekend once
payment is received.
