Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter B - CUSTOMER SERVICE AND PROTECTION
Section 26.28 - Suspension or Disconnection of Service
Universal Citation: 16 TX Admin Code § 26.28
Current through Reg. 50, No. 13; March 28, 2025
(a) Dominant certificated telecommunications utility (DCTU).
(1) Suspension or disconnection policy. If a
DCTU chooses to suspend or disconnect a customer's basic local
telecommunications service, it must follow the procedures in this subsection or
modify them in ways that are more generous to the customer in terms of the
cause for suspension or disconnection, the timing of the suspension or
disconnection notice, and the period between notice and suspension or
disconnection. Each DCTU is encouraged to develop specific policies for
suspension and disconnection that treat its customers with dignity and respect
for customers' or members' circumstances and payment history, and to implement
those policies in ways that are consistent and non-discriminatory. Suspension
or disconnection are options allowed by the commission, not requirements placed
upon the DCTU by the commission.
(2) Suspension or disconnection with notice.
After proper notice pursuant to paragraph (7) of this subsection, a DCTU may
suspend or disconnect basic local telecommunications service for any of the
following reasons:
(A) failure to pay
tariffed charges for local telecommunications services or make deferred payment
arrangements by the date of suspension or disconnection;
(B) failure of a residential customer to pay
long distance charges incurred after toll blocking was imposed;
(C) failure of a non-residential customer to
pay long distance charges only where the DCTU bills those charges to the
customer pursuant to its tariffs or billing and collection contracts, or make
deferred payment arrangements by the date of suspension or
disconnection;
(D) failure to
comply with the terms of a deferred payment agreement except as provided in
§
26.29 of this title (relating to
Prepaid Local Telephone Service (PLTS));
(E) violation of the DCTU's rules on the use
of service in a manner which interferes with the service of others or the
operation of nonstandard equipment, if a reasonable attempt has been made to
notify the customer and the customer has a reasonable opportunity to remedy the
situation;
(F) failure to pay a
deposit pursuant to §
26.24 of this title (relating to
Credit Requirements and Deposits); or
(G) failure of the guarantor to pay the
amount guaranteed, when the DCTU has a written agreement, signed by the
guarantor, that allows for disconnection of the guarantor's service for
nonpayment.
(3)
Suspension or disconnection without notice. Basic local telecommunications
service may be suspended or disconnected without notice, except as provided in
§
26.29 of this title, for any of
the following reasons:
(A) where service is
connected without authority;
(B)
where service was reconnected without authority; or
(C) where there are instances of tampering
with the DCTU's equipment, evidence of theft of service, or other acts to
defraud the DCTU.
(4)
Suspension or disconnection prohibited. Basic local telecommunications service
may not be suspended or disconnected for any of these reasons:
(A) failure to pay for any charges that are
not provided for in a DCTU's tariffs;
(B) failure to pay for a different type or
class of utility service unless charges were included on the bill at the time
service was initiated;
(C) failure
to pay charges resulting from underbilling that is more than six months before
the current billing, except for theft of service;
(D) failure to pay disputed charges until a
determination is made on the accuracy of the charges; or
(E) failure of a residential customer to pay
for any charges other than for tariffed residential local telecommunications
services, except for the nonpayment of long distance charges incurred after
toll blocking was imposed.
(5) Suspension or disconnection on holidays
or weekends. A DCTU shall not suspend or disconnect service on holidays or
weekends, or the day before a holiday or weekend, unless DCTU personnel are
available on those days to take payments and reconnect service. A DCTU may
suspend or disconnect service on holidays or weekends, or the day before a
holiday or weekend, when:
(A) a dangerous
condition exists;
(B) notice is not
required pursuant to paragraph (3) of this subsection; or
(C) the customer requests
disconnection.
(6)
Suspension or disconnection for ill and disabled. No DCTU may suspend or
disconnect service at the permanent residence of a delinquent customer if that
customer establishes that such action will prevent the customer from summoning
emergency medical help for someone who is seriously ill residing at that
residence.
(A) Each time a customer seeks to
avoid suspension or disconnection of service under this subsection, the
customer before the date of suspension or disconnection shall:
(i) have the person's attending physician
(for purposes of this subsection, the term "physician" shall mean any public
health official, including, but not limited to, medical doctors, doctors of
osteopathy, nurse practitioners, registered nurses, and any other similar
public health official) contact the DCTU by the stated date of
disconnection;
(ii) have the
person's attending physician submit a written statement to the DCTU;
and
(iii) enter into a deferred
payment plan.
(B) The
prohibition against suspension or disconnection provided by this subsection
shall last 63 days from the issuance of the DCTU bill or a shorter period
agreed upon by the DCTU and the customer or physician.
(7) Suspension and disconnection notices. Any
suspension or disconnection notice issued by a DCTU to a customer shall:
(A) not be issued to the customer before the
first day after the bill is due. Payment of the delinquent bill at a DCTU's
authorized payment agency is considered payment to the DCTU;
(B) be a separate mailing or hand delivery or
sent electronically if requested by the customer, with a stated date of
suspension or disconnection and with the words "suspension notice," or
"disconnection notice," or similar language prominently displayed on the
notice;
(C) have a suspension or
disconnection date that is not less than ten days after the notice is
issued;
(D) be in English and
Spanish;
(E) for residential
customers, indicate the specific amount owed for tariffed local
telecommunications services required to maintain basic local telecommunications
service; and
(F) include a
statement notifying customers that if they need assistance paying their bill,
or are ill and unable to pay their bill, they may be able to make some
alternative payment arrangement or establish a deferred payment plan. The
notice shall advise customers to contact the DCTU for more
information.
(8)
Residential customer payment allocations. Payment allocations related to basic
local telecommunications service suspension or disconnection are as follows:
(A) Payments shall first be allocated to
basic local telecommunications service.
(B) If services are bundled, the rate of
basic local telecommunications service shall be the DCTU's charge for
stand-alone basic local telecommunications service.
(9) Toll blocking.
(A) The DCTU may toll block a residential
customer for the nonpayment of long distance charges.
(B) Access to toll-free numbers. Where
technically capable, toll blocking shall allow access to toll-free
numbers.
(C) Nondiscriminatory
application. The DCTU shall not apply toll blocking in an unreasonably
preferential, prejudicial, or discriminatory manner.
(D) Notice requirement. The DCTU shall notify
the customer within 24 hours of initiating toll blocking.
(10) Release of telephone line.
(A) Upon a request to switch a current
customer to another local service provider, the DCTU shall release the
customer's telephone line and number to the preferred provider in a manner to
expedite the switch without disruption in service.
(B) Upon a request to switch a suspended
customer to another local service provider, the DCTU shall release the
customer's telephone line and number within five days after the request is
received. Upon a request to switch a disconnected customer to another local
service provider, the DCTU shall release the customer's telephone line within
five days after the request is received.
(C) A DCTU shall not refuse to release a
customer's telephone line and number due to the non-payment of a
bill.
(b) Nondominant certificated telecommunications utility (NCTU).
(1) Application. Only paragraphs (2) - (4),
(7)(A) - (D) and (10) of this subsection apply to a deregulated company holding
a certificate of operating authority or to an exempt carrier under PURA
§52.154.
(2) Suspension or
disconnection policy. If an NCTU chooses to suspend or disconnect a customer's
basic local telecommunications service, it must follow the procedures in this
subsection or modify them in ways that are more generous to the customer in
terms of the cause for suspension or disconnection, the timing of the
suspension or disconnection notice, and the period between notice and
suspension or disconnection. Each NCTU is encouraged to develop specific
policies for suspension and disconnection that treat its customers with dignity
and respect for customers' or members' circumstances and payment history, and
to implement those policies in ways that are consistent and non-discriminatory.
Suspension or disconnection are options allowed by the commission, not
requirements placed upon the NCTU by the commission.
(3) Suspension or disconnection with notice.
After proper notice pursuant to paragraph (7) of this subsection, an NCTU may
suspend or disconnect basic local telecommunications service for any legal
reason that is clearly disclosed in the customer's terms and conditions of
service.
(4) Suspension or
disconnection without notice. Basic local telecommunications service may be
suspended or disconnected without notice for any of the following reasons:
(A) where service is connected without
authority;
(B) where service was
reconnected without authority; or
(C) where there are instances of tampering
with the NCTU's equipment, evidence of theft of service, or other acts to
defraud the NCTU.
(5)
Suspension or disconnection prohibited. Basic local telecommunications service
may not be suspended or disconnected for any of the following reasons:
(A) failure to pay for any charges that are
not provided for in an NCTU's tariff, schedule, list, terms and conditions of
service, or customer-specific contract;
(B) failure to pay for a different type or
class of utility service unless charges were included on the bill at the time
service was initiated;
(C) failure
to pay charges resulting from underbilling that is more than six months before
the current billing, except for theft of service;
(D) failure to pay disputed charges until a
determination is made on the accuracy of the charges; or
(E) failure of a residential customer to pay
for any charges other than for residential local telecommunications services,
except for the nonpayment of long distance charges incurred after toll blocking
was imposed.
(6)
Suspension or disconnection on holidays or weekends. An NCTU shall not suspend
or disconnect on holidays or weekends, or the day before a holiday or weekend,
unless NCTU personnel are available on those days to take payments and
reconnect service. An NCTU may suspend or disconnect service on holidays or
weekends, or the day before a holiday or weekend, when:
(A) a dangerous condition exists;
(B) notice is not required pursuant to
paragraph (4) of this subsection; or
(C) the customer requests
disconnection.
(7)
Suspension and disconnection notices. Any suspension or disconnection notice
issued by an NCTU to a customer must:
(A) not
be issued to the customer before the first day after the bill is due. Payment
of the delinquent bill at an NCTU's authorized payment agency is considered
payment to the NCTU;
(B) be a
separate mailing or hand delivery or sent electronically if requested by the
customer, with a stated date of suspension or disconnection and with the words
"suspension notice," or "disconnection notice," or similar language prominently
displayed on the notice;
(C) have a
suspension or disconnection date that is not less than ten days after the
notice is issued;
(D) be in English
and Spanish; and
(E) for
residential customers, indicate the specific amount owed for local
telecommunications services required to maintain basic local telecommunications
service.
(8) Residential
customer payment allocations. Payment allocations related to basic local
telecommunications service suspension or disconnection are as follows:
(A) Payments shall first be allocated to
basic local telecommunications service.
(B) If services are bundled, the rate of
basic local telecommunications service shall be the NCTU's charge for
stand-alone basic local telecommunications service.
(9) Toll blocking.
(A) The NCTU may toll block a residential
customer for the nonpayment of long distance charges.
(B) Access to toll-free numbers. Where
technically capable, toll blocking shall allow access to toll-free
numbers.
(C) Nondiscriminatory
application. The NCTU shall not apply toll blocking in an unreasonably
preferential, prejudicial, or discriminatory manner.
(D) Notice requirement. The NCTU shall notify
the customer within 24 hours of initiating toll blocking.
(10) Release of telephone line.
(A) Upon a request to switch a current
customer to another local service provider, the NCTU shall release, or cause to
release, the customer's telephone line and number to the preferred provider in
a manner to expedite the switch without disruption in service.
(B) Upon a request to switch a suspended
customer to another local service provider, the NCTU shall release, or cause to
release, the customer's telephone line and number within five days after the
request is received. Upon a request to switch a disconnected customer to
another local service provider, the NCTU shall release, or cause to release,
the customer's telephone line within five days after the request is
received.
(C) An NCTU shall not
refuse to release a customer's or former customer's telephone line and number
due to the non-payment of a bill.
(c) NCTU implementation. NCTUs shall implement this section no later than March 1, 2001.
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