16 Tex. Admin. Code § 26.29 - Prepaid Local Telephone Service (PLTS)
(a)
Applicability. The provisions of this section shall apply to all dominant
certificated telecommunications utilities (DCTUs) unless specifically indicated
otherwise. A DCTU shall provide prepaid local telephone service (PLTS) as
required by this section and shall not refuse to provide PLTS to an applicant
for such service because the applicant is indebted to any DCTU or other
telecommunications carrier for telecommunication services, including the
carriage charges of interexchange carriers where the DCTU bills those charges
under tariffs or contracts.
(b)
Eligible customers.
(1) Former customers. In
cases where a DCTU would refuse to provide service to an applicant for
residential telephone service because of indebtedness to any DCTU or other
telecommunications carrier, the applicant is eligible to receive PLTS as
required by this section.
(2)
Current customers. A current residential customer who has not been disconnected
but who has received a notice following suspension of service for non-payment
for services is eligible to receive PLTS as required by this section.
(3) Applicant previously disconnected from
PLTS by a DCTU. Any applicant who was previously disconnected from PLTS by a
DCTU, pursuant to subsection (e)(6) of this section, does not have the right to
receive PLTS from that DCTU again.
(4) Business customers shall not be eligible
for PLTS.
(c)
Requirements for notifying customers about PLTS. A DCTU shall provide notice to
its customers about PLTS as required by this subsection.
(1) Timing of notice.
(A) If the DCTU's standard practice is to
suspend a customer's service for non-payment of charges before disconnecting
service, it shall notify the customer of the availability of PLTS in the
suspension notice.
(B) If the
DCTU's standard practice is to disconnect a customer's service without
suspension, the DCTU shall notify such customer of the availability of PLTS
within three days after disconnection.
(2) Content of notice. The notice provided by
a DCTU offering PLTS shall be reviewed in the DCTU's compliance filing and
shall notify customers of the rates, terms, and conditions of PLTS, as
described in subsection (e) of this section, including:
(A) a customer's eligibility to enter into
the PLTS plan;
(B) a description of
the PLTS plan including its features, charges, and options;
(C) a customer's responsibility to make an
initial payment for PLTS and any applicable service connection charges, as
defined in subsection (e)(2)(A) of this section;
(D) a customer's responsibility to make the
initial deferred payment, if applicable, in the third billing cycle and every
month thereafter, for up to 12 months;
(E) a customer's responsibility not to incur
additional charges for calls, including long distance or other usage-sensitive
services that will be charged on the local telephone bill, nor to subscribe to
any services other than those included in PLTS, as defined in §
26.5 of this title (relating to
Definitions);
(F) a customer's
violation of the terms and conditions of the PLTS plan may result in
disconnection;
(G) if a customer is
disconnected for violation of the terms and conditions of the PLTS plan, a DCTU
has the right to retain and apply any credit in the PLTS account to the
customer's outstanding balances for telecommunications services;
(H) If a customer is disconnected for
violation of the terms and conditions of the PLTS plan, that customer does not
have the right to receive PLTS from that DCTU again;
(I) the customer's responsibility to
subscribe to PLTS within a certain time period in order to defer service
restoration or connection charges as described in subsection (e)(1)(B) of this
section; and
(J) the customer's
right to receive basic local telephone service without entering PLTS if the
customer does not owe for basic local telephone charges. (This right shall be
prominently displayed on the notice and shall be communicated to a customer
anytime the utility notifies a customer of the rates and conditions of
PLTS).
(d)
Subscription to PLTS.
(1) Customer request to
subscribe to PLTS. To subscribe to PLTS, an eligible customer must contact the
DCTU during regular business hours to request PLTS.
(2) Confirmation letter. Within 24 hours
after a customer requests PLTS, the DCTU shall mail the customer a confirmation
letter in English or Spanish as necessary, explaining the PLTS plan, including
the customer's rights and responsibilities upon enrollment and information
about the rates, terms, and conditions of service under the PLTS
plan.
(e) Rates, terms,
and conditions of PLTS. A DCTU shall offer PLTS under the following terms and
conditions:
(1) Rates for PLTS.
(A) The monthly rate for PLTS shall include
only:
(i) the applicable residential tariffed
rate (or lifeline rates, if applicable) for services included in the PLTS
definition in §
26.5 of this title;
(ii) tariffed charges for non-listed and
non-published service, if requested by the customer; and
(iii) surcharges and fees authorized by a
governmental entity that are billed by the DCTU, including 911, subscriber line
charges, sales tax, and municipal fees.
(B) Non-recurring rates.
(i) If a DCTU does not suspend basic local
service before disconnection, the DCTU must defer service connection charges
until the customer returns to basic local telecommunications service. However,
if a customer does not subscribe to PLTS within ten days from the date the DCTU
mailed a termination notice containing notice of PLTS eligibility, the DCTU may
charge service connection charges when subscribing to PLTS.
(ii) If a DCTU suspends basic local service
prior to disconnection, the DCTU must defer service restoration charges until
the subscribing customer returns to basic local telecommunications
service.
(C) Late
charges. The DCTU shall not assess late charges on a PLTS customer.
(2) Payments under PLTS.
(A) A DCTU may require the residential PLTS
customer to make an initial payment for service, which shall not exceed:
(i) the rates as described in paragraph
(1)(A) of this subsection for up to two months of service; and
(ii) applicable non-recurring service
connection charges.
(B)
A DCTU shall not require subsequent monthly payments that exceed the rates for
one month of PLTS. The due date of monthly payments shall be based on the
DCTU's regular monthly billing cycle.
(C) A customer may be required to make
payments under the deferred payment plan according to paragraph (4) of this
subsection.
(3) Toll
blocking. PLTS subscribers shall have mandatory toll blocking and usage
sensitive blocking placed on the telephone lines.
(A) Customer responsibility. A customer
subscribing to PLTS shall not place or receive calls, including long distance
or other usage-sensitive services, for which additional charges are billed to
the customer's telephone number, nor subscribe to any services other than those
included in PLTS.
(B) DCTU
responsibility. The DCTU shall notify the customers of their responsibilities
under PLTS when the customer inquires about the service in the confirmation
letter.
(4) Deferred
payment plan under PLTS. As a condition of subscribing to PLTS, the DCTU may
require an applicant to enter into a deferred payment plan for any outstanding
debt owed to the DCTU for basic local telephone service. The DCTU shall not
require an applicant to enter into a deferred payment plan to pay any
outstanding debt for any services that the customer cannot use under PLTS
including long distance services. If the DCTU is unable to determine the amount
of outstanding debt, the DCTU shall not require an applicant to enter into a
deferred payment plan.
(A) Determination of
deferred payment plan amount. To determine the deferred payment plan amount,
the DCTU shall:
(i) determine the amount the
customer owes for basic local telephone service;
(ii) apply any undesignated partial payment
made by the customer before subscribing to PLTS to past debt for local
telecommunications service; and
(iii) not reallocate any undesignated partial
payments assigned under clause (ii) of this subparagraph to amounts not yet
incurred for basic local telecommunications service.
(B) Monthly payments under the deferred
payment plan.
(i) A deferred payment plan for
past due charges shall not require the applicant to make monthly payments which
exceed $10 per month or one-twelfth of the outstanding debt as determined in
subparagraph (A) of this paragraph, whichever is greater.
(ii) If the DCTU and PLTS customer enter into
a deferred payment, the initial deferred payment shall be billed beginning with
the third billing cycle after initiation of service and on a monthly basis
thereafter.
(5) Customer deposit. No deposit shall be
required from any residential applicant for PLTS.
(6) Disconnection of PLTS.
(A) Disconnection with notice. A DCTU may
disconnect PLTS after notice for any of the following reasons:
(i) failure to comply with the terms of a
deferred payment plan for PLTS;
(ii) upon conclusion of all periods for which
an advance payment has been applied to the PLTS account and when the customer's
PLTS account has a zero balance; or
(iii) violation of the DCTU's rules on using
PLTS in a manner which interferes with the service of others or the operation
of nonstandard equipment, if a reasonable attempt has been made to notify the
customer and the customer has a reasonable opportunity to remedy the
situation.
(B)
Disconnection without notice. A DCTU may immediately disconnect PLTS without
notice:
(i) if the customer accrues new
charges for toll or other services on the telephone bill as described in
paragraph (3) of this subsection;
(ii) where a known dangerous condition exists
for as long as the condition exists; or
(iii) where service is connected without
authority by a person who has not applied for the service or who has
reconnected service without authority after termination.
(C) Notice after disconnection. If a PLTS
customer is disconnected under subparagraph (A) or (B) of this paragraph, a
DCTU shall send a final notice stating that the customer is permanently
disconnected from PLTS and that the customer shall not be eligible for PLTS
from that DCTU. That notice shall also state the terms and conditions that the
customer must satisfy before the customer can return to basic local
telecommunications service.
(f) Return to basic local telecommunications
service.
(1) A customer subscribing to PLTS
may return to basic local telecommunications service if the customer has paid:
(A) all outstanding debt to the DCTU,
including the carriage charges of interexchange carriers where the DCTU bills
those charges pursuant to tariffs or contracts; and
(B) bills for PLTS.
(2) When a customer completes the obligations
identified in paragraph (1) of this subsection, a DCTU shall notify the
customer of the:
(A) eligibility requirements
for returning to basic local telecommunications services;
(B) option of receiving basic local
telecommunications service with toll blocking and/or usage sensitive blocking;
and
(C) requirement to contact the
DCTU if the customer wants to return to basic local telecommunications
service.
(3) If the
customer is eligible to return to basic local telecommunications service, the
customer shall:
(A) request basic local
telecommunications service from the DCTU; and
(B) pay the service restoration fee, if
applicable.
(g) Customer education.
(1) The commission shall provide information
about the PLTS plan to customers.
(2) A DCTU subject to the requirements of
this section shall provide information about the PLTS plan annually in
customers' bills. This information shall be subject to review during the DCTU's
compliance filing.
(3) A DCTU or
its affiliate publishing a white pages directory on behalf of the DCTU shall
disclose in clear language the availability, terms, and conditions of the PLTS
plan in the section of the directory stating the rights of a
customer.
(h) Toll and
usage sensitive blocking capability.
(1) The
DCTU shall provide toll blocking and usage sensitive blocking to its maximum
technical capability.
(A) If the DCTU's
tariffs reflect its maximum technical capability, it shall provide toll
blocking and usage sensitive blocking as stated in those tariffs.
(B) If the DCTU's tariffs do not reflect its
maximum technical blocking capability, it shall inform the commission of the
maximum level of blocking it is required to provide under PLTS in its
compliance filings.
(C) If the DCTU
does not have a tariff for toll or usage sensitive blocking but has such
technical capability, it shall inform the commission of the maximum level of
blocking it is required to provide under PLTS in its compliance
filings.
(D) As the DCTU's blocking
capability increases, it shall notify the commission and provide such enhanced
blocking under PLTS.
(2)
Where technically capable, toll blocking shall not deny access to toll-free
numbers.
(3) When imposing a toll
or usage sensitive services block, the DCTU shall do so in a manner that is not
unreasonably preferential, prejudicial, or discriminatory.
(i) Waiver request.
(1) A DCTU may request exemption from the
requirements of this section, on a wire-center by wire-center basis, if it
cannot meet the toll blocking and/or usage sensitive requirements.
(2) A DCTU requesting a waiver shall fully
document in its compliance filings the technical reasons for its inability to
toll and/or usage sensitive block and indicate when such technical capability
will be available in the wire center.
(3) A waiver shall expire when the DCTU
acquires the capability to block toll and/or usage sensitive services or when
the DCTU is required to acquire the capability to toll and/or usage sensitive
block by federal or state law or regulations, whichever comes first. The DCTU
shall notify the commission in writing within 30 days of acquiring or being
required to acquire the capability.
(j) Interexchange carrier (IXC) notification.
A DCTU serving 31,000 or more access lines and that is not a cooperative
corporation shall:
(1) Within 24 hours after
a customer subscribes to PLTS, include a notice in the Customer Access Record
Exchange (CARE) or similar report if developed by the DCTU, and the Line
Identification Database (LIDB) indicating that the customer is subscribed to
PLTS and any number changes;
(2)
Make access to the information contained in LIDB available to all IXCs serving
the customer's area; and
(3) If
CARE, or similar report if developed by the DCTU, and LIDB are not available,
the DCTU shall specify in its tariffs a comparable method of providing such
notice to IXCs serving the area indicating a customer's subscription to PLTS;
and
(4) This subsection should not
be interpreted as expanding access to CARE, or similar report if developed by
the DCTU, to IXCs other than the customers' presubscribed carriers.
Notes
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