Current through Register Vol. 35, No. 18, September 24, 2024
A.
15 day notice. If prior
notice is required, at least 15 days before a LILEC discontinues basic local
exchange service to a customer, the LILEC 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 LILEC. A fifteen-day notice of
discontinuance shall contain:
(1) the
toll-free telephone number and working hours of LILEC 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 LILEC concerning payment of the charges; upon
request, the LILEC 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 LILEC 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 LILEC'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 LILEC 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 days prior to the proposed
service discontinuance date specified in the notice:
(i) the LILEC receives a medical
certification, valid for 90 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 LILEC receives a
financial certification, valid for 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 LILEC.
(b) if service has been discontinued, the
LILEC shall reestablish service within 12 hours after the residential customer
has satisfied the requirements of Item (i) of Subparagraph (a) through item
(iii) of Subparagraph (a) of Paragraph (7) 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 LILEC of duly executed medical certification and financial certification
forms shall be adequate to delay discontinuance of service for at least 90 days
and that the LILEC may, in its discretion, delay the discontinuance for a
longer period.
(8) for
residential customers, blank copies or website addresses 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 LILEC;
(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.
Hours when service may be discontinued. A LILEC may discontinue
service to a residential customer Monday through Thursday during the hours from
8:00 a.m. to two hours before the LILEC's business office regularly closes. A
LILEC may not discontinue service less than 24 hours prior to a holiday or
weekend unless the LILEC's business office is open for receipt of payment of
past due charges and LILEC personnel are available to restore service during
the holiday or weekend once payment is received.
