65-407 C.M.R. ch. 290, § 9 - APPLICATION FOR SERVICE

A. Obligation to provide service. An ETC may not refuse to provide minimum basic service to an applicant. An ETC may condition the granting of service in specific circumstances as described below:

1. Past overdue amount. An ETC may condition the granting of service on the applicant paying an undisputed amount overdue for previous basic service provided by that ETC if the applicant accrued the debt within the prior 6 years and if the applicant is legally responsible for the debt, and subject to a, b and c below.

a. The ETC must offer a payment arrangement to the applicant on the undisputed balance before service is initiated.

b. Within 60 days of the customer's request for service, the ETC must provide written notice to the customer of the outstanding debt and its intention to collect the outstanding debt.

c. The ETC must allow the customer at least 30 days after receipt of the written notice to pay the debt or enter into a payment arrangement. If the customer fails to respond during this time period, the unpaid amount may be transferred to the customer's current account and disconnection procedures may be initiated for failure to pay or make a payment arrangement.

2. Deposits for applicants for residential service. An ETC may condition the granting of service on the payment of a deposit if there exists an undisputed amount overdue for basic service billed to the applicant within the prior 6 years.

a. Amount of deposit. The amount of the deposit may not exceed the applicant's basic service charges for 2 months.

b. Error. If the ETC determines that a deposit was requested in error, the ETC shall promptly refund that customer's deposit with interest.

3. Applicants for nonresidential service. An ETC may require a deposit from any applicant for nonresidential service regardless of the applicant's credit worthiness. The deposit may not exceed the applicant's basic service charges for 2 months.

4. Obligation of ETC to provide service. An ETC that properly conditions service upon one of the conditions described in this section is not obligated to provide service to a customer if the customer fails to meet the required condition(s).

B. Service in another's name. An ETC may not require that an applicant pay for basic service provided in another person's name unless a court, the Commission, or administrative agency has determined that the applicant is legally obligated to pay for that service.

C. Lowest rate basic service plan. An ETC shall inform an applicant of the lowest rate basic service plan available to the applicant at the time of the application for service.

D. Enhanced service offerings. Nothing in this rule shall prevent an ETC from offering basic service bundled with other services, provided that the ETC also offers a "minimum basic service option" that complies with this Rule.

Notes

65-407 C.M.R. ch. 290, § 9