S.D. Admin. R. 20:10:10:03 - Nonpayment of past-due bills as reason for disconnection

The following conditions must all be satisfied before a telecommunications company may disconnect a subscriber for nonpayment of a past-due bill:

(1) The subscriber is liable by contract for the class and place of service which is about to be disconnected and for which payment is past due;

(2) The subscriber has received a payment period of not less than 15 days from billing transmittal to due date and an additional payment period of not less than 5 days during which the particular bill has been owing or a shorter payment period if the subscriber has been placed on an early payments list in accordance with the provisions of chapter 20:10:08. The requirement for the payment period is waived in cases of subscriber fraud or illegal use or it is clear that the subscriber is preparing to leave without paying a past-due bill;

(3) The subscriber has received written notice of the telecommunications company's intention to disconnect, which the company has either mailed or delivered to the address to which bills are customarily sent or the address where the service is provided. In the case of a subscriber's first disconnection, the company shall provide notice by telephone, certificate of mailing, or visit.

(4) The subscriber, especially if the subscriber claims inability to pay or extenuating circumstances, is unwilling to enter into an agreement with the telecommunications company to begin liquidating the debt; and

(5) There is no bona fide and just dispute surrounding the bill. A dispute is not considered bona fide and just if a subscriber does not pay the undisputed portion of a bill and does not, within 10 days after notice of the subscriber's right to do so, contact the commission about the unresolved dispute.

Notes

S.D. Admin. R. 20:10:10:03

SL 1975, ch 16,

General Authority: SDCL 49-31-5.

Law Implemented: SDCL 49-31-5.