Rule 515-12-1-.33 - Customer Notification Procedures for Disconnection of Resellers(1) Except as provided in subsection (2) below, prior to disconnecting a reseller, an underlying carrier shall give such reseller at least seven (7) days written notice by First-Class mail, facsimile, or any other reasonable means, of its intent to disconnect service. A copy of said notice shall also be provided to the Georgia Public Service Commission at the same time it is provided to the reseller. The notice shall include the following: (a) The date of disconnection,(b) Whether or not the underlying carrier will serve as an alternative provider of service,(c) The identity of the underlying carrier and instructions, if appropriate, as to how to contact it to arrange continuation of service,(d) The charges to be assessed should the underlying carrier assume the duty of providing service, and(e) A copy of the Commission Utility Rule 515-12-1-.33.(2) In the event of fraud, abuse or interfering unreasonably with the use of the underlying carrier's service, facilities or network, and if compliance with the prior notice requirement of subsection (1) above would jeopardize the interests of the underlying carrier, the underlying carrier shall have the right to disconnect a reseller immediately. In such event, the underlying carrier shall provide the notice and comply with the provisions set forth in subsection (1) within 24 hours of the date service was disconnected. In addition, within 24 hours of the disconnection, the underlying carrier must file with the Commission a detailed explanation of its reasons, including facts substantiating the allegations of fraud, abuse or interference which justify immediate disconnection.(3) Within forty-eight (48) hours of receipt of the underlying carrier's written notification to the reseller, the reseller shall give written notification or may make arrangements with the underlying local exchange carrier to place an intercept recording on the enduser's telephone line, to advise the end-user that service has been disconnected. The reseller's notification to its end-users shall include the following information: (a) The date of the disconnection,(b) A clear statement that the disconnection is not the fault of the end-user,(c) A toll-free number where the end-user can contact the reseller or the reseller's designated entity or company or person for additional information about the disconnection,(d) The ability of the end-user to select an alternative provider of service,(e) Information about where an end-user can find information about alternative providers such as the telephone directory. Such information shall also provide the end-user with instructions as to how to contact the underlying carrier and other carriers about the continuation of service and the charges to be assessed,(f) The identity of the underlying carrier, and(g) The availability of 101XXX access and instructions/referrals on how to access 101XXX to make long distance calls, but that such access will not be available if local service is disconnected.(4) The reseller shall provide to the Commission and to the underlying carrier one of the following: a copy of the notice of disconnection sent by the reseller to the end user; or, if an intercept recording was installed, written notice that an intercept recording was placed on the end-user's telephone line. Should the end-user fail to elect an alternative provider of local exchange service, and/or long distance interexchange service, the underlying carrier of local exchange service shall provide (in the case of local service) the enduser with seven (7) days of basic local exchange service from the date of disconnection provided in the notice from the underlying carrier to the reseller. The cost of this basic local exchange service may be recovered from the reseller or end-user pursuant to the underlying carrier's tariff on file with the Georgia Public Service Commission. This requirement to provide seven (7) days of basic local ex- change service shall not be applicable to long distance interexchange carriers since the end-user has the ability to access long distance interexchange service by way of 101XXX access.(5) In the event a reseller fails to respond to the procedures or act as outlined herein, the underlying carrier of local exchange service, provided it has the reseller's customer list or other customer-specific information, shall make a good-faith effort to make personal contact with the end-user (in the case of local service) by telephone, regular mail or by service interrupt recording to reasonably notify the enduser that service will be disconnected. The cost of this notification may be recovered from the reseller by the underlying carrier.Ga. Comp. R. & Regs. R. 515-12-1-.33
O.C.G.A. Secs. 46-2-20, 46-2-21, 46-5-160et seq.
Original Rule entitled "Customer Notification Procedures for Disconnection of Resellers" adopted as ER. 515-12-1-0.7-.33. F. May 22, 1998; eff. May 19, 1998, the date of adoption.Amended: New Rule of same title adopted. F. Feb. 5, 1999; eff. Feb. 25, 1999.