COM/CXW/tcg DRAFT Agenda ID #2513
Quasi-legislative
2/11/04 Item 40
Decision DRAFT DECISION OF COMMISSIONER WOOD (Mailed 7/24/2003)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
|
Order Instituting Rulemaking on the Commission's Own Motion to Establish Consumer Rights and Consumer Protection Rules Applicable to All Telecommunications Utilities. |
Rulemaking 00-02-004 (Filed February 3, 2000) |
INTERIM DECISION ISSUING GENERAL ORDER ___,
RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION
Title Page
INTERIM DECISION ISSUING GENERAL ORDER ___, RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION 1
Summary 2
Background 3
Part 1: Bill of Rights 7
Part 2: Consumer Protection Rules 15
Relationship to Existing Rules and Tariffs 16
Tariffs 16
CLC Rules 17
Detariffed IEC Rules 18
CMRS Rules, and the CMRS Proceeding 19
General Orders 20
State and Federal Statutes, and FCC Orders 21
Applicability 22
The New Consumer Protection Rules 25
Rule 1: Carrier Disclosure 26
Rule 2: Marketing Practices 37
Rule 3 (and Former Rule 4): Service Initiation and Changes 43
Rule 4: Prepaid Calling Cards and Services 53
Rule 5: Deposits to Establish or Re-establish Service 57
Rule 6: Billing 61
Rule 7: Late-Payment Penalties, Backbilling, and Prorating 68
Rule 8: Tariff Changes, Contract Changes, Notices and Transfers 73
Rule 9 (and Former Rule 10): Service Termination 79
Rule 11: Billing Disputes 85
Rule 12: Privacy 88
TABLE OF CONTENTS
(Continued)
Title Page
Rule 13: Consumer Affairs Branch Requests for Information 97
Rule 14: Employee Identification 98
Rule 15: Emergency 911 Service 100
Part 3: Rules Governing Billing for Non-communications-Related Charges 101
Part 4: Rules Governing Slamming Complaints 104
Background 104
The FCC Slamming Rules 106
The CPUC Slamming Rules 108
The Parties' Comments 110
Detariffing 113
Limitation of Liability 117
Education and Enforcement 120
Education 120
Enforcement 124
Comments on Draft Decision 130
Assignment of Proceeding 130
Findings of Fact 130
Conclusions of Law 133
INTERIM ORDER 136
Appendix A - General Order ___
INTERIM DECISION ISSUING GENERAL ORDER ___,
RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION
Summary
By this decision the Commission adopts General Order No. ___ (G.O. ___), Rules Governing Telecommunications Consumer Protection, applicable to all Commission-regulated telecommunications utilities. G.O. ___ sets forth: in Part 1, a telecommunications consumers' Bill of Rights, the fundamental consumer rights that all communications service providers must respect; in Part 2, a set of Consumer Protection Rules all carriers must follow to protect those rights; in Part 3, Rules Governing Billing for Non-communications-Related Charges, in response to recent state legislation; and in Part 4, Rules Governing Slamming Complaints, to implement federal rule changes enacted in 2000 by the Federal Communications Commission. Where the new rules supersede current rules, the order so notes. Carriers are required to revise their tariffs where they conflict with the new rules, provided, however, that no tariff changes will be permitted that reduce current consumer protections. The Commission does not at this time implement the rulemaking order's proposal to have the Consumer Protection Rules replace tariffs for competitive telecommunications services.
This proceeding remains open to consider whether the Commission should implement a telecommunications consumer education program, and if so, how it should be structured; whether to curtail the Commission-sanctioned limitation of liability; and whether additional rules requiring that communications directed at consumers and subscribers be in languages other than English are needed.
