Notwithstanding the deregulation of a communications service or
facility pursuant to Iowa Code section
476.1D, complaints alleging an
unauthorized change in telecommunications service (more information is
contained in the "Unauthorized changes in telecommunications service" rule in
199-Chapter 22) will be processed pursuant to this chapter with the following
additional or substituted procedures:
(1) Upon receipt of the complaint and with
the customer's acknowledgment, a copy of the complaint or a notification of
receipt of a telephone or other oral complaint will be forwarded to the
executing service provider and the preferred service provider as a request for
a change in the customer's service to the customer's preferred service
provider, unless the service has already been changed to the preferred service
provider.
(2) The complaint or
notification of receipt of a telephone or other oral complaint will also be
forwarded to the alleged unauthorized service provider. That entity shall file
a response to the complaint within 20 days of the date the complaint or
notification of receipt of a telephone or other oral complaint was forwarded.
The response must include proof of verification of the customer's authorization
for a change in service or a statement that the unauthorized service provider
does not have such proof of verification.
(3) If the alleged unauthorized service
provider includes with its response alleged proof of verification of the
customer's authorization for a change in service, the response will be
forwarded to the customer. The customer will have ten days to challenge the
verification or otherwise reply to the service provider's response.
(4) As a part of the informal complaint
proceedings, commission staff may issue a proposed resolution to determine the
potential liability, including assessment of damages, for unauthorized changes
in service among the customer, the previous service provider, the executing
service provider, and the submitting service provider, and any other interested
person. In all cases, the proposed resolution shall allocate responsibility
among the interested persons on the basis of their relative responsibility for
the events that are the subject matter of the complaint. For purposes of this
rule and in the absence of unusual circumstances, the term "damages" means
charges directly relating to the telecommunications services provided to the
customer that have appeared or may appear on the customer's bill. The term
"damages" does not include incidental, consequential, or punitive
damages.
(5) If the
complainant,
the service provider, consumer advocate, or any other interested person
directly affected by the proposed decision is dissatisfied with the proposed
resolution, a request for formal complaint proceedings may be filed. A request
for formal complaint proceedings will be processed by the
commission pursuant
to rule
199-6.5 (476) et seq.
If no request for formal complaint proceedings is received by
the commission within 14 days after issuance of the proposed resolution, the
proposed resolution will be deemed binding upon all persons notified of the
informal proceedings and affected by the proposed resolution. Notwithstanding
the binding nature of any proposed resolution as to the affected persons, the
commission may at any time and on its own motion initiate formal proceedings
that may alter the allocation of liability.
(6) No entity may commence any actions to
rebill, directly bill, or otherwise collect any disputed charges for a change
in service until after commission action on the complaint is final. If final
commission action finds that the change in service was unauthorized and
determines the customer should pay some amount less than the billed amount, the
service provider is prohibited from rebilling or taking any other steps
whatsoever to collect the difference between the allowed charges and the
original charges.
