D.C. Mun. Regs. tit. 15, r. 15-328

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 15-328 - CUSTOMER PROTECTION STANDARDS APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS

328.1 The purpose of the Telecommunications Service Provider Consumer Protection Standards is to establish uniform standards for billing, security deposits, Disconnections and reconnections of service, resolution of complaints, enrollment procedures, advertising, termination of contracts, and switching of service of Telecommunications Service Providers.

328.2

This section applies to service provided to residential Customers by Telecommunications Service Providers who have received certification to provide local telecommunications services.

328.3

A Telecommunications Service Provider may not engage in a marketing, advertising, Solicitation or trade practice that is unlawful, misleading, or deceptive as set forth in D. C. Code § 28 -3904.

328.4

A Telecommunications Service Provider shall not engage in Cramming.

328.5

A Telecommunications Service Provider shall not engage in Slamming.

328.6

Any prohibition regarding the disclosure of Account status and Customer information should not preclude Telecommunications Service Providers from obtaining or providing Account status and Customer information for acquisition or sale of a book of business as long as the review of such information during a proposed acquisition or sale is subject to confidentiality agreements.

328.7

Telecommunications Service Providers must follow the Federal Communications Commission rules regarding Customer Proprietary Network Information.

328.8

Advertising of Telecommunications Service Providers shall be neither false nor misleading.

328.9

Information contained in a Telecommunications Service Provider's advertising must be clear, accurate and supportable. In addition, any advertisement that contains any specific statement, claim, comparison or assertion regarding rates, that could reasonably be construed as an attempt to persuade consumers that the a Telecommunications Service Provider's rate offering is better than the comparable rate offering of the incumbent local exchange carrier's or another Telecommunications Service Provider's offering must include:

(a) The rate for service offered, including a disclosure that the rate excludes local and federal taxes, fees and charges and that the total Bill will include such charges in addition to Telecommunications service charges. If the rate for service offered is not available because it is part of a bundled package, then the disclosure shall be in accordance with § 328.10(b)infra.

(b) Any taxes, fees and charges, other than for Telecommunications service to be provided, which will automatically be charged to consumers who contract for the advertised service; and

(c) Any minimum contract duration necessary to obtain an advertised rate.

328.10

Any print Solicitation must contain all material terms and conditions, including, but not limited to, any of the following, if any is a material term or condition:

(a) Telecommunications Service Provider's name, address, Customer contact, telephone number, and website address (if applicable);

(b) Itemization of services provided;

(c) Price of service;

(d) Description of proposed Contract items;

(e) Duration of the agreement (including initial time period, rollover provisions with mandatory notice, and early cancellation penalties);

(f) Notice that there may be a Deposit required, including the amount of the Deposit, return procedures, use of and protection for such Deposits;

(g) All applicable fees and charges and the circumstances under which the Customers will incur them;

(h) Notice concerning early termination by the provider and the options open to the Customer if termination occurs; and

(i) Notice concerning early termination by the Customer and the options open to the Customer if termination occurs.

328.11

If the Telecommunications Service Provider is providing Bundled Service and does not break out the individual rates for services in its Solicitation, a disclaimer must accompany the Solicitation.

328.12

Telephone Solicitations shall be limited to the hours between 8 a.m. and 9 p.m. and comply with applicable Federal "Do Not Call" rules. Should a conflict between this section and the Federal rules exist, the Federal rules shall apply.

328.13

The party making the telephone Solicitation must begin the conversation by stating the following:

(a) The name of the business or organization calling;

(b) The nature of the call, i.e., a solicitation; and

(c) A brief description of the subject matter being solicited.

328.14

Home Solicitations shall be limited between the hours of 8 a.m. and sunset. The soliciting party must produce a picture identification badge and begin the conversation by stating or asking the following:

(a) The name of the business or organization;

(b) The nature of the visit, i.e., a solicitation;

(c) A brief description of the subject matter being solicited; and

(d) If the Customer would like to hear the full Solicitation.

328.15

In any Contract solicited at a Customer's home, the soliciting Telecommunications Service Provider must include a statement under the Conspicuous Caption: "BUYER'S RIGHT TO CANCEL" which states: If this agreement was solicited at or near your residence, and you do not want the goods and services, you may cancel this agreement by mailing a notice to the seller. The notice must say that you do not want the goods or services and must be mailed before midnight on the third Business Day after you signed this agreement. This notice must be mailed to: (name and address of seller). If you cancel, the seller may not keep any of your cash down payment.

328.16

Each Telecommunications Service Provider must comply with all federal "Do Not Call" rules and maintain its own "Do Not Call" List. If a Telecommunications Service Provider receives a request from a Customer not to receive Solicitations from that solicitor, the Customer's name must appear on the list and the Customer shall no longer be contacted by the solicitor.

328.17

Any Telecommunications Service Provider that violates this section is subject to having its certification revoked by the Commission, after due process.

328.18

Nothing in these regulations will affect the applicability of any Federal or District telephone Solicitation and consumer protection law and regulations, including but not limited to, the fines and penalties thereunder for violation of such laws and regulations.

328.19

A Customer may not enter into a new Contract with a Telecommunications Service Provider by refraining from action except when complying with Federal rules governing Customer Proprietary Network Information.

328.20

If a Customer wishes to enter into a Contract with a Telecommunications Service Provider, the Telecommunications Service Provider may request, by telephone, in writing, or by Internet or other technological means, information including, but not limited to the following:

(a) The customer's name;

(b) The customer's billing address;

(c) The customer's service address;

(d) The customer's electronic mail address;

(e) The customer's telephone number;

(f) The customer's employment information; and

(g) The name of a third party responsible for the Bill.

328.21

The Telecommunications Service Provider may ask for additional information only after first informing the customer of his or her right not to provide such information.

328.22 If a contract is entered into electronically, the following conditions must be met:

(a) The Telecommunications Service Provider shall post on its web site an electronic version of the solicitation for the Telecommunications service. The electronic solicitation must include:

(1) An electronic application form to enter into a Contract for Telecommunications service,

(2) An electronic version of the actual Contract, and

(3) An electronic version of any applicable rules and regulations governing the relationship between the customer and the Telecommunications service provider.

(b) The electronic submission of the application to Contract with the Telecommunications Service Provider shall constitute a valid and binding "electronic signature;"

(c) The Telecommunications Service Provider must acknowledge the Customer's submission of the application to Contract with a confirmation of receipt of application within twenty-four (24) hours of receipt;

(d) The Telecommunications Service Provider is not required to furnish a hard copy of the Contract or of any and all applicable rules and regulations if the same are posted in full and are available for download from the website of the Telecommunications Service Provider;

(e) The Telecommunications Service Provider's website must be configured to prompt the Customer to print or save the terms and conditions to which the Customer agrees; and

(f) At the completion of the Enrollment process, the Telecommunications Service Provider's website must display that the Customer has agreed to receive service from the Telecommunications Service Provider.

(g) All electronic transactions and communications via the Internet between the Customer and the Telecommunications Service Provider shall be protected in such a manner as to ensure privacy of the Customer's information.

328.23

If applicable, a written Contract requires a written signature of the Customer.

328.24

In the event of a dispute over the existence of a Contract, the Telecommunications Service Provider shall bear the burden of proving the Contract's existence.

328.25

Upon initiation of service, the Telecommunications Service Provider shall send, within a reasonable period of time, to the Customer:

(a) A statement of enrollment;

(b) A description of the agreed-upon type of service; and

(c) Customer service information (including a local or toll-free telephone number).

328.26

A Telecommunications Service Provider shall post on the Internet information about its services and rates for Customers that is current and understandable.

328.27

Upon request by the Commission, a Telecommunications Service Provider may be required to provide information regarding a Customer's request for its service. If such information is not provided, that Telecommunications Service Provider may be subject to Sanctions as determined by the Commission.

328.28

A Telecommunications Service Provider shall not be obligated to provide service to an applicant who owes the Telecommunications Service Provider money for Telecommunications service provided to a prior account in his or her name, unless:

(a) The applicant makes full payment for such service provided to any such prior account in his or her name;

(b) The Telecommunications Service Provider agrees to accept payments under a Deferred Payment Agreement of any amount due for Telecommunications service to a prior Account in the Applicant's name;

(c) The applicant has pending a billing dispute pursuant to § 320 of these rules with respect to any amounts due for service to a prior account in his or her name and has paid any amounts required to be paid pursuant to those provisions; or

(d) The Commission directs the Telecommunications Service Provider to provide services to a Customer.

328.29

The Telecommunications Service Provider may request either a Deposit, guarantee or other payment option, but not both, as a condition of service.

328.30

An oral application for service shall be deemed completed when an applicant who meets the requirements of subsection 328.29 provides his or her name, address, and address of prior account or prior telephone number, if any. A Telecommunications service provider may establish non-discriminatory procedures to require an applicant to provide reasonable proof of the applicant's identity.

328.31

An application for service not approved within three (3) Business Days may be deemed denied.

328.32

No Telecommunications Service Provider shall deny an application for service or condition service upon Deposit, guarantee or other payment option without advising the Applicant verbally or in writing within three (3) Business Days of receipt of the application for service of:

(a) The reason or reasons for the denial, or the requirement for a Deposit, guarantee, or other payment option;

(b) Precisely what the Applicant must do to qualify for service or satisfy the requirement; and

(c) His or her right to an investigation and review by the Commission of the denial or request for a Deposit, guarantee, or other payment option. The Telecommunications Service Provider shall advise the Applicant of the appropriate methods available to challenge the action of the Telecommunications Service Provider and the address and telephone number of the Commission and the Office of the People's Counsel.

328.33

A Telecommunications Service Provider may not refuse service to a present or prospective Customer based upon the following grounds:

(a) Failure of a prior customer to pay for service at the premises to be serviced;

(b) Failure to pay for a different class of service or to a different entity; or

(c) Failure to pay directory advertising charges;

However, a Telecommunications Service Provider may refuse to provide services to a present or prospective Customer who has failed to pay an outstanding balance due the company for residential services incurred by the applicant or present Customer unless the applicant or present Customer consents to sign an agreement to pay the outstanding bill for such services or charges.

328.34

No Telecommunications Service Provider shall require any Applicant or existing residential Customer to post a Deposit, guarantee or be subjected to a credit limit or a direct debit payment option as a condition of receiving Telecommunications services unless the existing Customer or Applicant:

(a) Has an Account that has been delinquent in excess of sixty (60) days within the previous twelve (12) months;

(b) Has had Telecommunications services terminated for non-payment during the preceding six (6) months or has an outstanding balance on a previous District of Columbia residential Account;

(c) Does not give a Telecommunications Service Provider with which he or she is applying for service permission to determine the existence of delinquent Charges; or

(d) Fails to provide reasonable proof of identity.

328.35

If a Telecommunications Service Provider requires a deposit from an existing residential customer or an Applicant for telephone service, it shall permit such customer to pay the Deposit in installments over a period not to exceed six (6) months.

328.36

In any case where Customer Deposits are authorized by this section, the Deposit amount shall not exceed two times the average monthly bill for Telecommunications services for a calendar year in order to secure payment for Telecommunications services actually rendered or for the rental of equipment, instruments and facilities actually supplied.

328.37

Each Telecommunications Service Provider shall be liable for interest on Deposits held from the date the Deposit is made until the date the Deposit has been refunded or until an effort has been made to refund the Deposit. Each Telecommunications Service Provider shall pay simple interest on Deposits with the rate being established not later than January 15^th of each year, equal to the average annual yields of one year Treasury bills for September, October, and November of the preceding year.

328.38

Each Telecommunications Service Provider holding Customer Deposits shall send a statement to each Customer when the Deposit is applied to an unpaid Bill or Bills which shows the following:

(a) The amount of the Deposit, together with the interest accrued thereon and the period covered thereby, and

(b) The balance of the Bill or Bills remaining to the credit of the Customer.

328.39

Upon Disconnection of service, the deposit and any accrued interest shall be credited to any outstanding final Bill and any remaining balance shall be returned to the customer.

328.40

A Deposit and accrued interest shall be refunded promptly or applied as a credit to the Customer's account by the Telecommunications Service Provider upon satisfactory payment by the Customer of all proper Charges for Telecommunications service for twelve (12) consecutive months. The Telecommunications Service Provider may withhold return of Deposit funds pending resolution of any dispute.

328.41

A Telecommunications Service Provider shall maintain a record of all Deposits, showing the Customer's name and address or other identifying data, the amount of the Deposit, the date it was paid, and the interest earned and paid thereon.

328.42

Each customer posting a Deposit shall promptly receive a confirmation containing, at a minimum the following information:

(a) The Customer's name;

(b) The amount of payment; and

(c) Statement of the terms and conditions applicable to Deposits.

328.43

A Telecommunications Service Provider may suspend or disconnect Telecommunications service, if the Customer:

(a) Fails to pay the Telecommunications service provider charges due at any time during the preceding six (6) months, provided, however, that suspension or Disconnection of service for Bills due for service rendered during periods in excess of the six (6) month period is permitted in cases involving billing disputes during the six (6) month period;

(b) Fails to pay amounts due under a DPA;

(c) Fails to pay or agree in writing to pay equipment installation charges relating to the initiation service;

(d) Fails to pay a lawfully required Deposit or provide a guarantee;

(e) Is in bankruptcy, receivership, has abandon service, or abnormal high usage not covered adequately by a security deposit less than five (5) days notice may be given if necessary to protect the Telecommunications Service Provider's revenues;

(f) Fails to keep a prior promise to pay bankruptcy, receivership, abandoned service, or abnormal high usage is involved, a Telecommunications service provider may not deny services on the day preceding any day on which it is not prepared to accept payment of the amount due; or

(g) Fails to comply with municipal regulations or other laws pertaining to Telecommunications service.

328.44

A notice of suspension or Disconnection may either be sent along with the Bill or such notice must be on the first page of the Bill and shall be in such bold print as to be conspicuous to a reasonable Person. A notice of suspension or Disconnection shall clearly state or include:

(a) The earliest date on which suspension or disconnection may occur;

(b) The reasons for suspension or disconnection and the manner in which suspension or disconnection may be avoided including the total amount required to be paid to avoid suspension or disconnection;

(c) The address and telephone number of the office of the Telecommunications Service Provider that the Customer may contact in reference to his or her account;

(d) The availability of the procedures for handling Complaints;

(e) The availability and a general description of a DPA, which shall be capitalized and in bold print; and

(f) Additional information consistent with this Chapter.

328.45 A Telecommunications Service Provider shall not Disconnect Residential Service unless a Disconnection or suspension notice has been sent to the Customer at the billing address by either first class mail or other technological means at least fifteen (15) Days prior to the date of proposed Disconnection. The Telecommunications Service Provider shall not suspend Residential Service unless a suspension notice has been sent to the Customer at the billing address by either first class mail or other technological means at least ten (10) Days prior to the date of proposed suspension. Any notice required to be sent to a Customer prior to Disconnection or suspension of service may be sent along with the Bill for service; however, the notice of Disconnection or suspension of service must be on the first page of the Bill and shall be in bold print. When the Customer has requested, a duplicate copy of the notice shall be sent by either first class mail or Internet or other technological means to a designated third party. The third party assumes no obligation for the Customer's Account.

328.46

A Telecommunications Service Provider may not issue or send a notice of suspension or Disconnection unless at least twenty-five (25) Days have elapsed from the Bill date. When exceptional circumstances exist, a notice may be issued in less than twenty-five (25) Days, but only in accordance with procedures approved by the Commission.

328.47

The Telecommunications Service Provider shall make, at minimum, two (2) attempts to contact the Customer by telephone, in writing, in Person or other technological means, to advise of the pending action and what steps must be taken to avoid Disconnection. At least two (2) Days before the date set for Disconnection of service, a Telecommunications Service Provider shall make reasonable efforts to contact the Customer, by telephone, in person or other technological means, to advise of the pending action and what steps must be taken to avoid Disconnection.

328.48

A Telecommunications Service Provider shall not disconnect service for the period after 5:00 p.m. Thursday and before 8:00 a.m. Monday, provided such Day or the following Day is not a public holiday or a Day on which the main business office of the Telecommunications Service Provider is closed for business.

328.49

Subsection 328.48 shall not apply to service Disconnection to abandoned buildings, where the Customer has requested Disconnection in circumstances of unsafe conditions, or to Disconnection of Telecommunications services where there is evidence of toll abuse or fraud.

328.50

No Telecommunications Service Provider shall suspend or disconnect service on the grounds that a customer's facilities have been abandoned or are being used by unauthorized persons unless such Telecommunications Service Provider shall first determine by such means as are reasonably calculated to determine occupancy, that such facilities have in fact been abandoned or are being used without the authority of the customer of record. The Telecommunications Service Provider shall send notice to the customer stating the reasons for the suspension or Disconnection, except that the five (5) days notification period shall be waived when mailings are returned by the post office or a new Customer advises that he or she moved into the location.

328.51

No Telecommunications Service Provider shall suspend or disconnect service for non-payment of bills rendered unless:

(a) It has verified that payment has not been received at any office of the Telecommunications Service Provider or at any office of an authorized collection agent through the end of the notice period required by this chapter; and

(b) It shall have verified on the day suspension or Disconnection occurs that payment has not been posted to the customer's account as of the opening of business on that day.

328.52

Each Telecommunications Service Provider shall ensure that any payments made in response to a notice of suspension or Disconnection, when the customer brings to the attention of the Telecommunications Service Provider or its collection agents that such a notice has been issued, are:

(a) Posted to the Customer's account on the day payment is received; or

(b) Processed in a manner such that suspension or Disconnection will not occur.

328.53

Service shall not be used for any purposes in violation of law or for any use as to which the Customer has not obtained all required governmental approvals, authorizations, licenses, consents, and permits.

328.54

Service shall not be used in any manner that interferes with other Persons in the use of their service, prevents other Persons from using their service, or otherwise impairs the quality of service to other Customers. The Telecommunications Service Provider may require a Customer to immediately shut down its transmission of signals if said transmission is causing interference to others or impairing the service of others.

328.55

A Telecommunications Service Provider shall reconnect service within twenty-four (24) hours of cure of the cause for suspension or Disconnection upon:

(a) Receipt by the Telecommunications Service Provider of full amount of arrears for which service was suspended or Disconnected or upon the elimination of conditions that warranted suspension or termination of service; or

(b) Agreement by the Telecommunications Service Provider and the Customer on a Deferred Payment Agreement and the remittance of a down payment, if required under the plan.

328.56

Whenever circumstances beyond the Telecommunications Service Provider's control prevent reconnection of service within twenty-four (24) hours of any of the events specified in § 328.55, service shall be reconnected by the Telecommunications Service Provider or Utility with ownership or control of the facilities causing the service interruption within four (4) hours after those circumstances cease to exist.

328.57

In the event of a dispute between a Customer and a Telecommunications Service Provider regarding any matter contained in § 328 of these regulations, such dispute shall be resolved pursuant to the provisions of §§ 323, 324, 325 or 326 of these regulations.

D.C. Mun. Regs. tit. 15, r. 15-328

Notice of Final Rulemaking published at 55 DCR 10014 (September 26, 2008); as amended by Notice of Final Rulemaking published at 55 DCR 12494 (December 12, 2008)

Authority: The Public Service Commission of the District of Columbia ("Commission") pursuant to D.C. Official Code, 2001 Ed. § 2 -505 and § 34 -802.