65- 407 C.M.R. ch. 290, § 14

Current through 2024-46, November 13, 2024

Section 407-290-14 - DISCONNECTIONS

A.Disconnection at a customer's request. An ETC shall disconnect a customer's basic service on the date requested by the customer, except that the ETC may require a customer to provide up to 3-business days notice before the requested disconnection date. An ETC may require the customer to pay for service until the customer's basic service is disconnected or the 3 business day notice period expires, whichever occurs first.

B.Disconnection without consent. An ETC may begin disconnection procedures for basic service without the customer's consent only if:

1.Non-payment of undisputed overdue amount. The customer does not pay or make a payment arrangement on an undisputed amount overdue for the provision of basic service. Late fees may be included only to the extent the late fee is based upon an amount overdue for basic service;

2.Unauthorized use. There is unauthorized use of basic service, such as service being used without applying for customer status or for criminal activities;

3.Safety risk. The customer's use poses a safety risk to others or the network;

4.Deposit. The customer does not pay or make a payment arrangement for a properly required deposit;

5.Commission decision. The customer does not comply with a decision of the Commission or the Consumer Assistance Division; or

6.Abandoned premises. The customer's premises are clearly abandoned.

C.Limitations. An ETC may not disconnect basic service without the customer's consentor threaten the disconnection of basic service under the following circumstances:

1.Non-payment of non-basic services. An ETC may not disconnect a customer's basic service for the non-payment of toll or other non-basic services.

2.Prepaid basic service. An ETC may not disconnect a customer's basic service until after any prepaid basic service has been provided.

3.Medical emergency. An ETC may not disconnect a customer's basic service if the ETC has been notified of a medical emergency in accordance with section 15.

D.Notice requirements.

1.Residential customers. An ETC shall provide a disconnection notice to a residential customer at least 14 calendar days before the stated disconnection date if the reason for disconnection is failure to pay or make a payment arrangement on undisputed charges for the provision of basic service.

2.Nonresidential customers. An ETC shall provide a disconnection notice to a nonresidential customer at least 7 calendar days before the stated disconnection date if the reason for disconnection is failure to pay or make a payment arrangement on undisputed charges for the provision of basic service.

3.Three business-day disconnection notice. An ETC shall provide a disconnection notice to residential and nonresidential customers at least 3 business days before the stated disconnection date if the disconnection is for:

a. failure to meet the terms of a payment arrangement;

b. failure to provide a properly required deposit; or

c. failure to comply with a decision of the Commission or the Consumer Assistance Division.

4.No notice. An ETC may disconnect basic service without any prior notice if the disconnection is:

a. at the customer's request;

b. for unauthorized use;

c. for use posing a risk to others or to the network; or

d. for abandonment.

5.Time of issuance

a. An ETC may not issue a 14-day or 7-day disconnection notice until after the due date of the bill for which charges have not been paid and until prepaid services are used.

b. An ETC may not issue a 3-day disconnection notice until at least 1 business day after the date a payment was due pursuant to a payment arrangement.

c. An ETC that mails disconnection notices from or requires that payment be sent to location(s) outside the State must add 5 calendar days to the notice time periods specified above.

6.Period of effectiveness. A disconnection notice is effective for the disconnection date stated in the notice and for 10 business days after that date. If an ETC fails to disconnect basic service within 10 business days after the disconnection date, the disconnection notice procedures must be repeated.

7.Dishonored check.

a. If the customer has paid by a check that is not honored by the bank before the disconnection notice expires, the ETC shall attempt to contact the customer to obtain payment before disconnecting service.

b. If a check is not honored by the bank after the disconnection notice expires, the ETC may issue a 3-business-day disconnection notice and require payment by cash or certified check. A disconnection notice issued as a result of a dishonored check supersedes any other pending disconnection notice.

8.Content of disconnection notice. An ETC's disconnection notice must be in writing and conspicuously contain the following information:

a.Amount overdue. The amount overdue or the reason for disconnection if not for an amount overdue.

b.Steps to avoid disconnection. The steps the customer may take to avoid disconnection of basic service.

c.Disconnection date. The disconnection date and the effective period of the disconnection notice.

d.Customer's right to postpone disconnection due to a medical emergency. A statement of a residential customer's right to postpone disconnection of basic service for a medical emergency and a description of how to declare a medical emergency under section 15 of this Chapter.

e.Customer's right to a payment arrangement. A statement that the customer can avoid disconnection of basic service by agreeing to a payment arrangement. This disclosure is not required if the notice is for a broken payment arrangement.

f.Customer's right to file a complaint with the Consumer Assistance Division. A statement of the customer's right to submit a disputed matter prior to the disconnection date to the Consumer Assistance Division. The statement must include the Division's current address and telephone numbers. The statement must also state that the customer may not submit a dispute to the Consumer Assistance Division until the customer has first tried to resolve the dispute with the ETC.

g.Contact person and toll free number for ETC. The title and toll-free phone number of an appropriate customer representative of the ETC.

h.Requirements for reconnection. A statement of the requirements for reconnection of basic service, reconnection charges, if any, and the ETC's security deposit requirements.

E.Timing of Disconnection

1.Attempt to contact. An ETC shall make a reasonable effort to contact the customer by phone before the customer's basic service is disconnected. If the ETC contacts the customer before disconnection, the ETC shall orally provide the customer with the information previously included in the written disconnection notice under section 14(D)(8).

2.Timing. Disconnection of a residential customer's basic service must occur between 8:00 a.m. and 3:00 p.m. on the disconnection date specified in the notice or during the effective period of the notice. Disconnection may not occur on a Friday, weekend, legal holiday, any other day when the ETC or the Commission is not open for business, or on the day before any day when the ETC or the Commission is not open for business. These restrictions do not apply if:

a. the ETC has made special arrangements with the customer to disconnect at an alternative time;

b. the disconnection is for unauthorized use or the existence of a safety risk; or

c. the ETC has personnel available to resolve disputes and reconnect basic service for at least two hours after the disconnection occurs. In that case, the ETC may disconnect service no later than 5:00 p.m.

65- 407 C.M.R. ch. 290, § 14