65-407 C.M.R. ch. 289, § 9 - NOTIFICATION OF PRICE INCREASES AND CHANGES IN TERMS AND CONDITIONS

A. Twenty-five day notice required. An ILEC must provide each of its customers at least 25 days written notice of any price increase or any change in the terms and conditions that will result in a price increase for a bundled service provided by the ILEC before the increase or change may take effect. A customer may terminate the bundled service without penalty at any time before the increase or change takes effect.

B. Adequate written notice. Written notice to customers of a price increase or change in terms and conditions that will result in a price increase provided in accordance with this section shall:

1. Form. Be in the form of a letter, a message on the bill, or a bill insert that contains only the notification language required by this section;

2. Readable and clear. Be printed with a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language;

3. Not included with promotional material. Be sent or provided independently of any advertising or promotional material of any kind;

4. Content of notice. Notify the customer of the amount of the increase and the date the increase will take effect; and

5. Right to cancel. Notify the customer of the customer's right to cancel the bundled service for which the price increase or change in terms and conditions that will result in a price increase applies prior to the increase or change taking effect.

C. Failure to provide adequate written notice. A customer who is not supplied with adequate written notice in accordance with this section is not obligated to pay for any increase in the bill attributable to an increase in price or change in terms and conditions.

D. Customer refund. An ILEC shall refund or credit any increase in the customer's payments attributable to an increase in price or change in terms and conditions if the ILEC fails to provide adequate written notice in accordance with this section.

E. Notice of Customer Rights. An ILEC shall provide notice to its customers of the requirement for notification of price increases, as well as the customer's right to not pay the increases and to be reimbursed for payments that are attributable to an increase in price or change in terms and conditions where the customer was not properly notified. The notice shall be:

1. Form. In the form of a letter or bill insert or in the ILEC's directoryand printed with a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language;

2. Separate document. A separate document containing only the notification language required by this section;

3. Customer receiving a new bundled service. Provided to each customer at the time the customer first accepts a bundled service; and

4. Annual notice. Provided to each existing customer receiving a bundled serive on an annual basis.

F. Exception. This section does not apply to an increase or change in terms and conditions associated with an individual customer contract or promotional offering, provided the customer was notified before entering the contract or accepting the offer that the price or terms and conditions were subject to change.

Notes

65-407 C.M.R. ch. 289, § 9