4 Colo. Code Regs. § 723-2-2304
Current through Register Vol. 47, No. 20, October 25, 2024
Section 4 CCR 723-2-2304 - Customer-Billing Requirements(a) The Commission incorporates by reference the FCC's Truth in Billing Rules, as identified in rule 2008. In addition to the requirements found in the FCC's Truth in Billing Rules, all bills for basic service provided by HCSM recipients shall clearly display the billing date and the payment due date, which must be at least 15 days after the billing date. At the option of the customer, and where it is technically feasible, electronic billing (e-billing) is permitted.(b) Payment of bills, billing disputes, and bill credits or refunds for HSCM. (I) Whenever a customer makes a partial payment, the HCSM recipient shall apply it first to past due basic local exchange service and any associated taxes and surcharges in such a manner consistent with preserving basic local exchange service, unless otherwise instructed by the customer.(II) In the event of a billing dispute between the customer and the provider of telecommunications service, the provider may require the customer to pay the undisputed portion of the bill to avoid discontinuance of service for non-payment. The provider of telecommunications service shall make a prompt investigation appropriate to the case and report the results to the customer. In the event the dispute is not reconciled, the provider shall advise the customer that an informal complaint may be registered with Commission Staff or that a formal complaint may be filed with the Commission.(III) Whenever billing for basic local exchange service and any associated taxes and surcharges has not been determined accurately because of a HCSM recipient's omission or negligence, the HCSM recipient shall offer the following: (A) Whenever a HCSM recipient over-bills a customer for the service, the HCSM recipient shall offer the customer a refund or credit. When the amount of the refund exceeds the charges for two months of basic local exchange service and any associated taxes and surcharges, the customer shall be offered the choice either to receive the refund as a one-time credit on the customer's bill or as a one-time payment from the company. If the customer elects a one-time payment, the HCSM recipient shall mail the refund within thirty days. If the customer discontinues service, the provider shall refund to the customer any remaining credit due within thirty days. Such over-billing shall not be subjected to interest. Refunds for over-billing shall not be provided for a period of time exceeding two years.(B) Whenever a HCSM recipient under-bills a customer for service, the customer shall be allowed to make an installment payment arrangement when the amount exceeds the charges for two months of basic local exchange service and any associated taxes and surcharges. A customer shall be advised that any installment payment agreement may, at the option of the customer, extend over a time period equal in length to the period over which the errors were accrued. Charges for under-billing shall not be billed for a period of time exceeding two years and shall not include late payment fees or interest.(C) Whenever a HCSM recipient collects from a customer more money than is due the HCSM recipient because of an erroneous payment or electronic transfer, the HCSM recipient shall electronically issue or mail the customer a credit or refund within five days of realizing the mistake. When the amount of the credit or refund exceeds the charges for two months of basic local exchange service and any associated taxes and surcharges, the customer shall be offered the choice either to receive the refund as a one-time credit on the customer's bill or as a one-time payment from the company. If the customer discontinues service, the provider shall refund to the customer any remaining credit due within thirty days. Such refunds shall not be subjected to interest. Refunds for erroneous payments shall not be provided for a period of time exceeding two years.(IV) In the event the customer's basic local exchange service is interrupted and remains out of order for eight or more hours during a continuous 24-hour period after being reported by the customer, or is found to be out of order by the HCSM recipient (whichever occurs first), appropriate adjustments shall be automatically made by the HCSM recipient to the customer's bill. (A) The adjustment shall be, at a minimum, a credit on the monthly bill for basic local exchange service and any associated taxes and surcharges proportional to the duration of the service interruption, with each occurrence of the loss of service for eight or more hours during the 24-hour period counting as one day. For the purpose of administering this rule, every month is considered to have 30 days.(B) The HCSM recipient is not required to provide an adjustment for the loss of service during time periods due to the following conditions:(i) the negligence or willful act of the customer;(ii) a malfunction of facilities other than those under the control of the HCSM recipient;(iii) natural disasters or other events affecting large numbers of customers such as described in paragraph 2336(c); or(iv) the inability of the HCSM recipient to gain access to the customer's premises when required.(V) In the event the HCSM recipient misses a service call, i.e., an appointment for a premises visit associated with installation of new service by more than four hours, the HCSM recipient shall make a credit to the monthly bill of the customer in the amount of one-third the rate for installation as reflected in the HCSM recipient's TOS. This credit shall also apply when the HCSM recipient misses scheduled installation work to be done in the central office.(VI) The bill credit policies set forth in paragraphs (a) and (b) are minimum requirements. HCSM recipients that merely adopt paragraphs (a) and (b) as their bill credit policy are not required to file a TOS that incorporate this rule. HCSM recipients that wish to have additional bill credit policies shall file a TOS that fully describes such additional policies. All bill credit policies shall be non-discriminatory and non-preferential.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