4 Colo. Code Regs. § 723-2-2303
Current through Register Vol. 47, No. 20, October 25, 2024
Section 4 CCR 723-2-2303 - Denial or Discontinuance of Service(a) No HCSM recipient shall deny or discontinue service to a customer in an area where HCSM support is provided without prior written notice except for the following reasons.(I) If a safety condition that is immediately dangerous or hazardous to life, physical safety, or property exists.(II) Upon order by an appropriate court, the Commission, or any other duly authorized public authority.(III) If service, having already been properly discontinued, has been restored by someone not authorized by the company and the original cause for discontinuance has not been cured.(IV) Any condition that may adversely affect the safety of any person or the integrity of the provider of telecommunications service.(V) Failure of the customer to permit the provider of telecommunications service reasonable access to its facilities or equipment.(VI) The customer obtained service by subterfuge. Subterfuge includes, without limitation: (A) obtaining service in another person's name with the intent to avoid outstanding charges; or(B) applying for new service at a location: (i) where a person has outstanding charges for basic service including outstanding charges for any associated taxes and surcharges; and(ii) where such person continues to reside.(b) In an area where HSCM support is provided, a HCSM recipient may temporarily suspend or permanently discontinue service and may sever the connection and remove any of its equipment from the customer's premises after at least 15-days written notice only for one of the following reasons:(I) non-payment of any past due bill for basic local exchange service and any associated taxes and surcharges. Solely for the purposes of this paragraph, a bill is past due if not paid within 30 days of the due date which must be at least 15 days after the billing date; or.(II) if the HCSM recipient determines service was obtained fraudulently or is being used for fraudulent purposes.(c) Restrictions on denial or discontinuation of service in HCSM-supported area - Disposition of payments. (I) Basic local exchange service shall not be denied or discontinued for delinquency or nonpayment of charges for service unless the customer has been issued a bill for the charges consistent with the billing requirements under rule 2304.(II) A HCSM recipient shall not deny or discontinue basic local exchange service for delinquency in payment for service rendered to a previous occupant of the premises to be served, for unpaid charges for services or facilities not ordered by the applicant or customer, or for any other indebtedness, except as incurred for basic local exchange service and any associated taxes and surcharges.(III) A HCSM recipient may not use its purchase of a customer's indebtedness, i.e., the accounts receivable, from another provider of telecommunications service to deny or discontinue providing its basic services to that customer.(IV) If a customer pays or is willing to pay all current charges, a HCSM recipient shall not discontinue service for non-payment of a past due amount for these services when the customer has entered into a payment arrangement with the HCSM recipient. If the payment arrangement is not satisfied, the service may be disconnected for non-payment without further notice.(V) Unless requested by the customer, a HCSM recipient shall disconnect dial tone only during the normal business hours of the HCSM recipient's business or customer service offices. There shall be no disconnection of dial tone when the business or customer service offices of the HCSM recipient is not open or after noon the day before the business or customer service offices will not be open.(VI) Medical emergencies. (A) A HCSM recipient shall postpone discontinuance of basic local exchange service to a residential customer for 60 days from the date of a medical certificate issued by a Colorado-licensed physician or health care practitioner acting under a physician's authority which evidences that discontinuance of service will aggravate an existing medical emergency or create a medical emergency for the customer or a permanent resident of the customer's household. The customer may receive a single 30-day extension by providing a second medical certification prior to the expiration of the original 60-day period. A customer may invoke this subparagraph 2303(c)(VII)(A) only once in any twelve consecutive months.(B) As a condition of obtaining a new installment payment plan on or before the last day covered by a medical certificate, a customer who had already entered into a payment arrangement, but had broken the arrangement prior to seeking a medical certification, may be required to pay all amounts that were due up to the date of the original medical certificate as a condition of obtaining a new payment arrangement. At no time shall a payment from the customer be required as a condition of honoring a medical certificate.(C) The certificate of medical emergency shall be in writing, sent to the HCSM recipient from the office of a licensed physician, and show clearly the name of the customer or individual whose illness is at issue; the Colorado medical identification number, phone number, name, and signature of the physician or health care practitioner acting under a physician's authority certifying the medical emergency. Such certification shall be incontestable by the LEC as to the medical judgment, although the HCSM recipient may use reasonable means to verify the authenticity of such certification.(d) Notice requirements. (I) Except where prior written notice is not required, consistent with paragraph 2303(a) above, the customer shall be notified of the intention of a HCSM recipient to discontinue basic local exchange service and shall be allowed no fewer than 15 days from the date the notice was issued in which to respond to the company. The notice shall clearly state the amount that is past due and the date by which an installment payment arrangement must be entered into or payment must be received to prevent interruption of service. It shall also state that disconnection of basic local exchange service cannot occur for nonpayment of other charges, such as for optional services, wireless service, or other companies' services. If the customer has chosen electronic billing, the notice of disconnection may be provided electronically.(II) All discontinuance notices shall be printed in English and Spanish.(e) Restoration of service (I) Any service already discontinued must be restored without any additional charge if it was not properly discontinued or restored as provided in this rule 2303.(II) Service must be restored within 24 hours, or by 5:00 p.m. on the next business day in the event the end of the 24-hour period falls on a Saturday, Sunday, or holiday unless prevented by safety concerns, or circumstances beyond the company's control, if the customer:(A) Within ten days of the discontinuance of service, remits the full amount shown on the notice for basic services, plus any deposit as may be specifically required by the HCSM recipient's TOS by:(i) paying the HCSM recipient directly; or(ii) paying an authorized payment agent of the HCSM recipient, contacting the HCSM recipient by telephone and providing the HCSM recipient with the date paid, the amount paid and the valid receipt information;(B) Presents a medical certificate, as provided in subparagraph 2303(c)(VI), within 24 hours of a disconnection for non-payment; or(C) Demonstrates to the HCSM recipient that the cause for the discontinuance, if other than non- payment, has been cured.39 CR 21, November 10, 2016, effective 12/1/201640 CR 15, August 10, 2017, effective 9/1/201741 CR 03, February 10, 2018, effective 3/2/201842 CR 02, January 25, 2019, effective 2/14/201942 CR 07, April 10, 2019, effective 4/30/201943 CR 02, January 25, 2020, effective 2/14/202043 CR 17, September 10, 2020, effective 8/17/202044 CR 17, September 10, 2021, effective 8/11/202144 CR 18, September 25, 2021, effective 10/15/202145 CR 03, February 10, 2022, effective 12/29/202145 CR 01, January 10, 2022, effective 1/30/202246 CR 05, March 10, 2023, effective 3/30/2023