West Virginia Code of State Rules
Agency 150 - Public Service Commission
Title 150 - EXEMPT LEGISLATIVE RULE PUBLIC SERVICE COMMISSION
Series 150-06 - Rules For The Government Of Telephone Utilities
Section 150-6-2 - Customer relations

1. Other than taxes and other legally required charges, bills may not contain charges for non-telecommunications services or items: Provided, that for good cause shown, and pursuant to the specific and express approval of the Commission, bills may contain charges for non-telecommunications services or items and: Provided further, that no telecommunications services may be denied, interrupted or discontinued for failure of the billed party to pay any portion of the charges billed for non-telecommunications services or items. Further, in the case of partial payments of bills rendered, such partial payments shall be applied to amounts owed for telecommunications services first before being applied to amounts owed for non-telecommunications services.

2. Cellular and other wireless telecommunications carriers are not subject to the requirements of '150CSR6-2.1.a.1.

3. A telephone company may charge a late payment penalty, provided such late payment penalty provision is part of the telephone company's Commission-approved tariff.

4. No late payment penalty may be recovered unless the date by which payment must be received is clearly and conspicuously identified on the subscriber's bill. The payment due date cannot be less than twenty (20) days after the bill was rendered.

1. Statements itemizing message toll charges, if applicable, shall be included in bills to customers and shall show location of origin of call, location of destination of call, date, time, duration, and discount for each such toll charge made. The discount may be shown either as a percentage amount or as a dollar figure: Provided, that it appears in understandable form. The statement shall further show on which rate schedule the call is being billed (e.g., Direct Dialed, Operator Handled, Person to Person, etc.).

2. All charges for service, whether such charges are flat-rate or usage-based, shall appear on a bill rendered not later than ninety (90) days beyond the date on which the charge was incurred. Irrespective of such time frames, it shall be the object of all telecommunications carriers to bill their customer charges as soon after such charges are incurred as is reasonably practicable.

1. Each telephone utility shall transmit by mail to each of its basic residential and business customers a clear and concise statement of the existing rate schedule applicable generally to residential and business customers.

2. Such written statement shall first be transmitted by hand or by mail to the following:

3. Such written statement may be transmitted together with the customer's billing or in such other manner as the Commission deems appropriate.

1. Applicants for service. Before service is rendered, an applicant for service, in addition to complying with all other applicable rules and regulations, may be required to establish satisfactory credit. The applicant shall be notified promptly of such requirement to prevent any undue delay in the furnishing of service. Any applicant who has not established his credit, as provided under this subsection may be required to pay any service connection charge and make an advance payment on his or her account in an amount equal to one (1) month's estimated average total bill for all services before service is established. An advance payment shall not relieve the applicant of his/her responsibility to establish satisfactory credit. The intent of this subdivision is to provide maximum requirements for use to protect revenues from known credit risks and not as a substitute for reasonable business judgment.

1. Applicant for service - previous customer. An applicant for service who previously has been a customer of the telephone company and whose most recent period of service was discontinued by the telephone company because of non-payment of bills, may be required to reestablish credit in accordance with '150CSR6-2.2.c. The telephone company may refuse to provide service if the customer still owes a bill for previous service, furnished to him at the same or another location, regardless of the amount owed: Provided, however, that an applicant for residential service shall not be denied service for failure to pay bills for business service, except where the applicant was the sole owner of or partner in the business formerly served and responsible for charges incurred in connection with such business service.

2. Current customer with service.

1. Computation of amounts for non-residential customers. The amount of the cash deposit which may be required to establish credit for non-residential customers shall not be in excess of one and one-half (1-1/2) times the estimated average total monthly bill for all services, and in the case of seasonal service, in excess of one-half (1/2) of the estimated charges for the service for the season involved. After service has been established and experience demonstrates that the amount of the outstanding deposit is not suitable to safeguard the interests of the telephone company, the telephone company may require an adjustment to the deposit. For certain services that carry a termination liability, such as PBX installations, the amount of the deposit shall be determined by the circumstances involved in each case.

2. Issuance of deposit receipt. Concurrently with receiving a cash deposit, the telephone company shall provide the applicant for service or customer a receipt showing: the date of the deposit; the name and billing address of the applicant or customer to be served; and the amount of the deposit.

3. Interest rate and method of payment. The simple interest rate to be paid shall be determined as follows: The rate which utilities shall be required to pay shall be the average of the one-year United States Treasury Bill rates for October, November and December of the preceding calendar year. By January 15 of each year, Commission Staff shall make the necessary calculations and file with the Commission its calculations. The Commission will issue an order setting the rate to be paid by the utilities until the next annual Commission order.

1. Upon discontinuance of service the telephone company shall apply the customer's deposit, including accrued interest, to the final bill for service. Any amount in excess of the final charges shall be refunded to the customer promptly. A transfer of service from one (1) premise to another within the service area of the telephone company shall not be deemed a discontinuance within the meaning of these rules.

2. The telephone company shall return the customer's deposit, including accrued interest at any time upon request, if the customer's credit has been otherwise established in accordance with '150CSR6-2.2.a. or 2.2.b.

3. At the option of the telephone company, a customer's deposit, including accrued interest may be refunded, in whole or in part, at any time earlier than the times prescribed in this subdivision.

4. No amount deposited as surety for provision of telecommunications service may be applied against any amounts owed for non-telecommunications services or items.

5. Customers with residential service. After the customer has paid bills for service for nine (9) consecutive months (or less at the telephone company's discretion) without having had service denied or disconnected for non-payment, and without having had more than two (2) occasions on which a bill was not paid within the period prescribed by '150CSR6-2.1.f. (i.e., was delinquent), and: Provided, that the customer's credit is not otherwise impaired, the telephone company shall refund the customer's deposit, including accrued interest. If the customer has had service denied or disconnected for non-payment, or has had more than two (2) such past due bills during such period, the telephone company shall thereafter review the account every six (6) months and shall refund the customer's deposit, including accrued interest, after the customer has not had service denied or disconnected for non-payment, and has not had more than two (2) such past due bills during the six (6) months prior to any such review: Provided, that the customer's credit is not otherwise impaired.

6. Customers with business service. After the customer has paid bills for service for twenty-four (24) consecutive months without having had service denied or disconnected for non-payment, and without having had more than one (1) occasion on which a bill was not paid within the period prescribed by '150CSR6-2.1.f. (i.e., was delinquent), and: Provided, that the customer's credit is not otherwise impaired, the telephone company shall refund the customer's deposit, including accrued interest. If the customer has had service denied or disconnected for non-payment, or has had more than one (1) such past due bill during such period, the telephone company shall thereafter review the account every twelve (12) months and shall refund the customer's deposit, including accrued interest, after the customer has not had service denied or disconnected for non-payment, and has not had more than one (1) such past due bill during the twelve (12) months prior to any such review: Provided, that the customer's credit is not otherwise impaired.

7. Upon the customer's meeting the provisions above for refund of deposit, the telephone company shall promptly and automatically refund the customer's deposit, including accrued interest. A receipt or production of proof of payment will not be necessary under these regulations as a condition of the deposit refund.

1. The telephone company may refuse, deny, or discontinue service, as appropriate, for failure on the part of the applicant or a customer to establish or reestablish credit in accordance with '150CSR6-2.2.a. or 2.2.b., or for non-payment of a delinquent bill owed to the telephone company for service furnished. Delinquency under this provision shall apply to previous or existing service, whether at the same or another location and also be in accord with the provisions of '150CSR6-2.2.b., 2.2.d., and 2.4.c.

2. The telephone company shall give written notice complying with P.S.C. W. Va. Form 14-T sent first class mail, address correction requested, at least ten (10) days prior to the scheduled termination. At the time notice is given, a residential customer shall be advised of his or her rights under '150CSR6-2.2.f.5. Written notice shall become invalid thirty (30) days after the date indicated on the notice for termination. At the time notice is given, a residential customer shall be advised of his or her rights under '150CSR6-2.2.f.5. Written notice shall become invalid thirty (30) days after the date indicated on the notice for termination. The telephone company shall also make at least two (2) attempts at personal notice by telephone at least twenty-four (24) hours prior to termination. However, the inability of the telephone company to perfect personal notice shall not prevent the telephone company from terminating service. Discontinuance of service will not be made on a day that the business office is closed or on any day immediately preceding a day on which the business office is closed, nor shall service be discontinued on a Friday, Saturday or Sunday. Furthermore, discontinuance of service shall not be made earlier than 8:00 a.m., nor later than 4:00 p.m.

3. If, prior to termination of service, the utility receives notice from the customer:

4. In the event a customer is back-billed any amounts, including but not limited to, amounts resulting from misapplication of a rate in any item normally a part of monthly local service charges, service shall be denied or discontinued for failure of the customer to pay such amounts, only if the customer refuses to negotiate, and subsequently meet, payment arrangements mutually satisfactory to both parties.

5. Any residential customer who has been notified that telephone service is to be terminated for non-payment of bills shall be given the opportunity to enter into a deferred payment agreement: Provided, that the customer has demonstrated an ability to pay but only in installments. The customer shall be informed at the time a disconnect notice is issued of the option of a reasonable payment plan, including a statement identifying that amount of the bill, the payment of which will prevent termination. The conditions surrounding the deferred payment agreement shall be as follows:

6. For the purposes of '150CSR6-2.2.f.3.D, a customer is required to provide written certification from a licensed physician that termination would be especially dangerous to the health or safety of a member of the customer's household. Written certification must be renewed every thirty (30) days, except when a licensed physician can state, to a reasonable degree of medical certainty, that the medical condition which makes termination especially dangerous is permanent.

7. Cellular and other wireless telecommunications carriers and interexchange carriers shall be exempt from any requirements of '150CSR6-2.2.f.2., 2.2.f.3., 2.2.f.5., and 2.2.f.6.

8. Any telephone company may cancel, revoke or limit any calling card issued to a customer of that company at any time it deems appropriate, notwithstanding the other requirements of these rules.

1. Dial tone (without the ability to receive incoming calls).

2. The ability to make 9-1-1 calls.

3. A recorded announcement whenever the caller tries to reach a number other than 9-1-1 that informs the caller that the line cannot receive incoming calls and can only be used to make emergency calls to 9-1-1.

1. Print and distribute a paper Directory to customers or arrange for printing and distribution to customers once a year. The Directories must list the name, address and telephone number of all customers, except public telephones and numbers unlisted at customer request.

2. Or after January 1, 2017, provide an internet-based electronic Directory containing the information required for a printed Directory. If a Local Exchange Carrier uses this method, it must provide customers with the option to obtain a printed directory on request. The LEC may not transition to an internet-based Directory until after it has provided notice to each customer through three separate monthly bill inserts or similar customer bill message over a period of not less than three months nor more than six months. Prior to transitioning to an internet-based directory, an LEC must also issue a press release regarding the transition, place a prominent plain language notice of 16 point font on the cover of the final full distribution of printed Directories regarding the upcoming transition including instructions of how customers may request a printed copy of the Directory and post a prominent and easily readable notice on its internet website describing the transition period and how to request a printed Directory. Subsequent to transition to an internet-based Directory, each LEC must advise customers annually of the internet address of the online Directory and of the availability of a printed Directory on request. Internet-based Directories must be divided into reasonable local calling areas similar to historical printed Directories, or if larger Directories are produced, must contain an index with links to sections covering reasonable local calling areas similar to historical printed Directories.

1. Such information shall be available by each of the following means:

2. Telephone companies may also provide such information in a printed format available by mail or direct customer pickup and such information may also be faxed to customers desiring such transmittal.

1. Obtain written authorization through letters of agency.

2. Obtain electronic authorization through the use of a toll-free telephone number.

3. Orally verify the change of carrier request through an appropriate, independent third-party.

1. The subscriber's billing name and address, and each telephone number subject to the change order.

2. A statement setting forth the subscriber's decision to change from his or her current local or interexchange carrier to the new local or interexchange carrier.

3. A statement that the subscriber designates the local or interexchange carrier to act as the subscriber's agent for purposes of executing the change.

4. A statement that the subscriber understands that any change of carrier may involve a charge to the subscriber.

5. Nothing that conflicts with Federal Communications Commission regulations found in 47 CFR Part 64, Subpart K, or successor regulations.

1. Impose a fine upon the violator for each violation. Such fine shall not exceed the applicable limits of the West Virginia Code.

2. Revoke the violator's certificate of public convenience and necessity.

1. That his or her interexchange carrier account status may have changed and that such change could result in billing changes.

2. That questions regarding any change in interexchange carrier's account should be directed to the subscriber's interexchange carrier.