PART 2 - Consumer Protection Rules
These rules are applicable to all telecommunications carriers, including wireless carriers, unless expressly exempted in these rules or by Commission order. Each carrier shall observe these rules when dealing with the public, including small businesses (as defined). Acts of an agent on behalf of a carrier are considered acts of the carrier for purposes of these rules.
Where a carrier's tariffs provide a higher level of consumer protection than these rules, the higher level is in force.
Except as specifically provided in these rules, the provisions of these rules may not be waived by contract. Any provision in a contract to provide service for an individual or small business subscriber that purports to waive any requirement set forth in these rules is contrary to public policy and is of no effect.
Compliance with these rules does not relieve carriers of other obligations they may have under their tariffs, other Commission general orders and decisions, FCC orders, and state and federal statutes. Nor do these rules limit any rights a consumer may have.
For services offered under the Universal Lifeline Telephone Service program, carriers shall also comply with the requirements set forth in General Order 153, Procedures for Administration of the Moore Universal Telephone Service Act where they apply. The requirements of General Order 153 take precedence over these rules whenever there is a conflict between them for services offered under the Universal Lifeline Telephone Service program.]
The Commission intends to continue its policy of cooperating with law enforcement authorities to enforce consumer protection laws that prohibit misleading advertising and other unfair business practices. These rules do not preclude any civil action that may be available by law. The remedies the Commission may impose for violations of these rules are not intended to displace other remedies that may be imposed by the courts for violation of consumer protection laws.
Prosecution, whether civil or criminal, by any local or state law enforcement agency to enforce any consumer protection or privacy law does not interfere with any Commission policy, order or decision, or the performance of any duty of the Commission, related to the enactment or enforcement of these rules.
These rules are not intended to create a private right of action to impose liability on carriers or other utilities for damages, which liability would not exist had these rights not been adopted
Affiliate:
An entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another entity.
[Comment: See 47 C.F.R. § 64.2003 (a).]
Agent:
A person, entity or affiliate acting on behalf of the carrier.
Basic Service:
A minimum level of telecommunications service, as defined in D.96-10-066 and as may be changed by later decisions, which each carrier offering local exchange service is required to provide to all of its residential customers who request local exchange service. Also referred to as "basic exchange service."
Carrier:
Any telecommunications provider subject to the Commission's jurisdiction, including wireless carriers. "Carrier" also includes all entities offering telephone services via telephone prepaid debit cards who are required to obtain operating authority or register with the Commission as specified in Public Utilities Code Section 885. Carriers are responsible for ensuring compliance with these rules by their agents and every person, firm or corporation representing the carrier or acting in the carrier's behalf.
"LEC" refers to local exchange carriers; "ILEC" refers to incumbent local exchange carriers; "CLC" refers to competitive local exchange carriers; "IEC" refers to interexchange carriers; and "CMRS" refers to commercial mobile radio service carriers.
Clear and Conspicuous:
A statement is clear and conspicuous if it is readily understandable and presented in a size, color, contrast, location, and audibility, compared to the other material with which it is presented, that make it readily noticed and understood. If a statement modifies, explains, or clarifies other information with which it is presented, it must be presented in close proximity to the information it modifies and in a manner that makes it as readily noticed and understood as the information it modifies, explains, or clarifies.
Commission:
California Public Utilities Commission.
Competitive Service:
Any service the Commission has determined to be competitive, including all service offerings by non-dominant IEC, CLC and CMRS providers, and Category II and Category III service offerings of the New Regulatory Framework LECs. All regulated telecommunications services that are not competitive services are non-competitive services.
Confidential Subscriber Information:
Non-public information specific to a subscriber, that is collected or developed by a carrier solely by virtue of the carrier-subscriber relationship. It includes: (1) information about a subscriber (such as social security number, credit and other personal financial information) collected directly from the subscriber or from another source, such as an organization that provides individual credit history information, (2) information derived by the carrier from the provision of service to a subscriber (such as the subscriber's calling patterns, type, destination, and amount of use, services subscribed to, and information contained in telephone bills), and
(3) a customer's name, telephone number and address if a subscriber has requested that such information be withheld from a printed or electronic directory.
Confidential subscriber information does not include subscriber list information.
[Comment: This definition includes the type of personal information protected by 47 U.S.C. § 222 (see FCC's definition of Customer Proprietary Network Information (CPNI), 47 CFR § 64.2003(c ) (revised as of October 1, 2000), and by Public Utilities Code § 2891).]
Consumer:
Any individual or small business which purchases or subscribes, or may potentially purchase or subscribe, to any product or service provided or billed by a carrier.
Consumer Affairs Branch (CAB):
The Commission office where California consumers may complain about a utility service or billing problem they have not been able to resolve with the utility.
Day:
A calendar day unless otherwise indicated.
Employee:
Includes, for purposes of these rules, employees, contract employees, contractor employees, agents, and carrier representatives of any and all types.
Key Rates, Terms and Conditions:
Any provisions imposed by a carrier to which a subscriber is bound (through, e.g., the carrier's tariffs, service agreements, contracts, operating practices, billing practices, system limitations, etc.) that may result in or increase a charge on a subscriber's bill or limit a subscriber's use of a product or service. Key rates, terms and conditions would generally include, but not be limited to, the following when applicable:
Service activation or installation charges, periodic recurring charges, per-unit usage charges, usage allowances, minimum charges, surcharges or fees (other than taxes and mandated surcharges remitted to government), usage restrictions, geographic limitations, time of use distinctions (e.g., peak/off-peak), term of service, termination fees or penalties, required bundling arrangements, and any other information necessary to make the key rates, terms and conditions information disclosed not misleading.
[Comment: Key rates, terms and conditions need not be all-encompassing and may vary by the type of user. I.e., depending on the circumstances, the definition need not include a rate, term or condition a typical user would not encounter in using the product or service or would not regard as a significant consideration in deciding whether to subscribe to, use or retain the product or service. Under most circumstances it would also not include charges incurred by the subscriber on an unaffiliated carrier's system and simply passed through by the carrier without markup; charges for pay per use services unlikely to be incurred by a typical user; or pay per use charges when they require user pre-subscription separate from the underlying service (although they would be key for a user who does presubscribe).]
Non-Communications-Related:
As defined or used in Part 4, Rules Governing Billing for Non-Communications-Related Charges, of this General Order.
Prepaid Calling Card; Prepaid Telephone Debit Card
Any object containing an access number and authorization code that enables a consumer to use prepaid calling services. It does not include any object of that type used for promotional purposes.
Prepaid Calling Service
Any prepaid telecommunications service that allows consumers to originate calls through an access number and authorization code, whether manually or electronically dialed.
Rates and/or Charges:
Any amounts requested to be paid by the user of a telecommunications service by whatever name, including charges, surcharges and fees, over which a carrier has discretion to charge. Unless otherwise indicated, "rates" includes any subscriber line charges (also known as the end user common line charge) authorized by the Federal Communications Commission.
Small Business:
A business that subscribes for not more than twenty telephone access lines from any single carrier, or an individual who subscribes directly for not more than twenty access lines from any single carrier for business use or combination business and personal use. Any business or individual subscribing to more than one T-1 lines may not be considered a small business customer. For purposes of these rules, all entities other than individuals (e.g., government and quasi-governmental agencies, associations, etc.) meeting the twenty-access and one T-1 line limits are treated identically with small businesses. A business is defined by a billed account.
Solicitation:
A statement made by any means to any member of the public with the intent, directly or indirectly, to sell, rent, or otherwise dispose of goods or property, perform services, or induce the public to enter into any obligation.
Subscriber:
Any individual or small business that purchases or subscribes to any telecommunications service subject to Commission jurisdiction. Also referred to as a "customer."
Subscriber List Information:
Any information that both (a) identifies the listed names of subscribers of a carrier and such subscribers' telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses, or classifications; and (b) the carrier or an affiliate has published, caused to be published, or accepted for publication in any directory format.
Subscriber list information does not include any information that a subscriber has requested to be withheld from a printed or electronic directory.
Transfer:
A transfer of subscribers in which the transferee would replace the transferring utility for some or all of the latter's subscribers. A transfer of subscribers does not include a transfer at the corporate level that does not affect the underlying utility or subscribers.
[Comment: This definition is intended to be in consistent with the definition of "transfer of customers" in D.02-01-038.]
Type of Service
"Type of service" refers to three broad categories of telephone service: Local Exchange Service; Interexchange (long distance and local toll service); and CMRS.
User
A person or entity using a telecommunications network or service.
Written; In Writing
Both "written" and "in-writing" describe materials intended to be read, either in hardcopy document form (including fax) or transmitted through electronic media. For purposes of these rules, whenever anything is required to be provided "in writing" or in "written" form (e.g., a disclosure, a notice, or a confirmation), the requirement may be satisfied through the use of electronic media if both parties to the communication have agreed to do so. If they have not, a tangible, hardcopy document is required. Carriers' electronic communications with customers must satisfy the requirements of the federal Electronic Signatures Act, 15 USCA §§ 7001 et seq. and/or the California Uniform Electronic Transactions Act, Cal. Civil Code §§ 1633 et seq., as applicable.
(a) Every carrier offering tariffed services whose annual gross intrastate revenues, as defined in Public Utilities Code Section 435(c) and reported to the Commission for purposes of the Utilities Reimbursement Account exceed $10 million, shall publish, and shall thereafter keep up to date, its currently effective California tariffs and pending tariff changes on a World Wide Web site on the Internet. The site must be freely accessible and the tariffs viewable and printable without charge. Carriers newly exceeding the $10 million revenue threshold in future years must comply with this rule not later than 180 days after the due date to file their first annual report to the Commission showing they have done so.
(b) Every carrier that meets the $10 million revenue threshold of Rule 1(a) above shall publish on a World Wide Web site on the Internet, and shall thereafter keep up to date, the key rates, terms and conditions of each non-tariffed offering subject to the Commission's jurisdiction and to which individuals or small businesses in California may subscribe. Once so published, those rates, terms, and conditions shall remain on the World Wide Web site available to the subscribers to whom they apply. The site must be freely accessible and viewable without charge, and the information on it kept updated. Carriers newly exceeding the $10 million revenue threshold in future years must comply with this rule not later than 180 days after the due date to file their first annual report to the Commission showing they have done so.
(1) Service offerings for which there are current subscribers, but which are no longer available to others, must be clearly indicated as such.
(2) Descriptions of the service rates, terms and conditions published under this Rule 1(b) are considered solicitations and must meet the other requirements applicable to solicitations under these Consumer Protection Rules.
(c) Every carrier shall provide the following upon request by any subscriber, including any former subscriber for whom, in the judgment of either the carrier or the subscriber, charges or credits are still pending:
(1) A description of each service for which charges appear(ed) on the subscriber's bill, and sufficient information regarding that service to respond to the subscriber's inquiry.
(2) A toll-free telephone number the subscriber may call to reach the carrier, and the carrier's post office address to which the subscriber may write, for inquiries, disputes and complaints related to the bill or to any other aspect of the subscriber's service.
(3) For any charges the carrier has placed on the bill on behalf of any other entity, but for which the carrier does not handle inquiries, disputes and complaints: the name of the other entity, a toll-free telephone number the subscriber may call, and a post office address to which the subscriber may write, for inquiries, disputes and complaints related to those charges.
[Comment: The rules in Part 4 take precedence over these Part 2 rules whenever there is a conflict between them and the charges are for non-communications related charges.]
(d) Every carrier shall provide the following upon request by any subscriber or other member of the public:
(1) The carrier's legal name, its designated utility number (Cal. PUC U-number), and the names under which the carrier offers regulated telecommunications service in California.
(2) A description of the carrier's service offerings that relate to the customer's inquiry and are currently open to individual or small business subscribers in California, and the applicable key rates, terms and conditions.
(3) The address and toll-free telephone number of the Commission's Consumer Affairs Branch, and if the request is related to a complaint, an explanation that a consumer may contact CAB for assistance if he or she is not satisfied with the carrier's handling of her or her complaint.
(4) A description of customers' privacy rights and how the carrier handles confidential subscriber information.[Comment: The information provided in response to this Rule 1(d)(4) must meet the requirements of Part 3F, Notice Required for Use of CSI. See Part 3 for a specific explanation of disclosure requirements regarding privacy rights.]
(e) Under Rules 1(c) and 1(d) above:
(1) Carriers, and those entities to whom carriers refer requests, must arrange to accept all requests within a reasonable time and without excessive waiting intervals or rejections for lack of staffing or facilities. As a guideline, the telephone lines used to take subscriber inquiry, complaint, dispute and repair calls should give access to a carrier representative as quickly and reliably as lines the carrier provides for receiving incoming sales calls.
(2) Timeliness in providing responses is particularly important for responses to be useful. Under most circumstances, carriers must be able to provide real-time responses with Rule 1(c)(2), Rule 1(c)(3), and Rule 1(d)(3) information, and send within business three days responses for Rule 1(c)(1) inquiries relating to pending bills, and Rule 1(d)(1), Rule 1(d)(2), and Rule 1(d)(4) information.
(3) Responses must be provided in writing if so requested, or by other method mutually acceptable to both the requestor and carrier.
(f) A carrier providing basic service in an area shall include, at a minimum and in addition to subscriber listing information, the following emergency and customer disclosure information in the alphabetical telephone directory it provides to its customers in that area. A carrier providing basic service that does not publish its own alphabetical telephone directory may meet the carrier-specific information requirements of this rule by ensuring that the carrier-specific information is contained in either (1) the alphabetical telephone directory that the carrier causes to be delivered to its subscribers; or (2) written form suitable for inserting into that directory and delivered to every customer at the time, or shortly after the time, the directory is delivered.
(1) The procedures which the carrier will follow during emergencies, how telephone subscribers can best use the telephone network in an emergency situation, and the emergency services available by dialing 911.
(2) Information regarding state and federal laws that protect the privacy rights of residential telephone subscribers with respect to telephone solicitations.
(3) Telephone number(s) to contact the carrier for any purpose related to a customer's account or service.
(4) Instructions for reaching an operator and directory assistance.
(5) Basic service rates and information, including those for Universal Lifeline Telephone Service.
(6) The carrier's prefixes within the directory boundaries; where each is located; and for each prefix, a list of all other prefixes which can be reached as a local call.
(7) A map of California Local Access and Transport Areas (LATAs) and their locations.
(8) A list of area codes (North American Numbering Plan areas) and their locations.
(9) A list of international dialing codes, and instructions for making international calls.
(10) Accessibility information for non-English speaking and deaf and disabled customers.
(11) For carriers having tariffs or other customer disclosure information on the Internet, the carrier's Internet address for accessing that information.
(12) A Commission-provided summary of the consumer protection measures provided in this General Order, and the Commission's Internet address where this General Order is posted.
(13) Information explaining the availability and effect of Caller ID blocking options.
(g) No basic service provider shall reduce the level of telecommunications-related information included in an alphabetical telephone directory without first obtaining authorization from the Commission to do so.
(h) Service agreements or contracts may not incorporate other information by reference, except for (1) terms and conditions from Commission approved tariffs, (2) information contained in referenced material that is provided simultaneously with the service agreement or contract, and (3) information that is used with formulae identified in the agreement or contract in order to calculate the applicable rate or charge, where all necessary components are readily available from the carrier at no charge. In each case, reference to specific terms and conditions is permitted provided that the specific document (tariff section or other publication) containing such terms and conditions is cited in the service agreement or contract, an Internet web site address where the specific document can be found is provided, and printed copies of the referenced document are available on request at no charge.
(a) Any advertising or solicitation by a carrier that is deceptive, untrue, or misleading is prohibited.
(b) Any written authorization for service shall be a separate document from any solicitation materials, and such written authorization may not constitute entry forms for sweepstakes, contests, or any other program that offers prizes or gifts.
(c) All terms of any written order, agreement or contract shall be plainly stated in understandable language, and written in a minimum of 10-point type. Provisions in written orders, service agreements or contracts that are not easily comprehended (whether by small or pale typography, confusing layout, insufficient space or margins, or by language that is too complex or inaccessible to an ordinary person (i.e., "legalistic"), etc.) that are the product of the soliciting party may be deemed inapplicable to the transaction, rendering the agreement voidable.
(d) When disclosure of qualifying information (including key rates, terms and conditions) is necessary to prevent an advertisement or solicitation from being deceptive, untrue or misleading, that information shall be presented clearly and conspicuously. Where a solicitation presents an incorrect rate, term or condition, the carrier must be proactive and timely correct the error as soon as it is discovered. Where a carrier has misrepresented its rates, terms or conditions for a product or service, or presented those rates, terms or conditions in a manner likely to mislead consumers, the carrier shall: (i) allow an affected subscriber to terminate without fee or penalty any agreement or contract for the product or service and be reimbursed for any service initiation charges or fees; and (ii) provide service credits or refunds, at the subscriber's option, equivalent to the difference between the actual rate, term or condition and that misrepresented, for the period of time until the consumer has been informed of the correct rate, term or condition; and (iii) allow the subscriber to enroll in another available plan if the subscriber chooses to do so.
(a) Carriers may initiate or change service upon request (in any form) from a consumer or subscriber.
[Comment: Carriers must still comply with any applicable statutes or other legal requirements where they apply, e.g., the Section 2889.5 confirmation requirements when changing a competitive service from one provider to another.]
(b) Carriers shall provide consumers initiating a service with information necessary to enable consumers to make informed choices among services.
(c) Carriers offering basic service shall provide consumers initiating service, including those adding additional lines to existing accounts, with the following information whenever applicable:
(1) Availability, eligibility requirements and discounts associated with the Universal Lifeline and Deaf and Disabled Trust Programs.
(2) Availability and effect of freezing the pre-subscribed carrier assigned to the account.
(3) Availability and effect of restricting toll calling.
(4) Availability and effect of deleting access to 900 and 976 pay-per-call telephone information services.
(5) Availability and effect of blocking options for pay per use features that do not require dialing an access code to activate.
(6) Availability and effect of blocking non-presubscribed carrier (e.g., third party) charges from being billed on the telephone bill.
(7) Availability and effect of Caller ID blocking options.
(8) Availability and rates of the least expensive service meeting the customer's needs.
(d) For services offered on a tariffed basis, the carrier shall provide the subscriber a written confirmation of the order not later than seven days after it is accepted. The confirmation shall be in a minimum of 10-point type, shall include the key rates, terms and conditions for each service ordered, and shall conform to the same requirements as set forth for service agreements, contracts and solicitations in Rules 2(a) through 2(d).
(e) For services offered on a non-tariffed basis, the carrier shall provide the subscriber with a written contract, preferably at the point of sale but not later than seven days after the order is accepted. The contract shall be in a minimum of 10-point type and shall include all applicable rates, terms and conditions for each service ordered. Key rates, terms and conditions shall be highlighted (e.g., printed in larger or contrasting type, underlined, bolded, enclosed within text boxes, or some combination of those or other methods), either in the contract or in an accompanying summary document. Contracts, which include summary documents when used, shall conform to the same requirements as set forth for service agreements, contracts and solicitations in Rules 2(a) through 2(d). Ambiguities in any contract will be construed against the carrier.
[Comment: For Rules 3(d) and 3(e), rates, terms and conditions information must be sufficiently specific to enable subscribers to verify the accuracy of the charges on their bills.]
(f) Subscribers may cancel without fees, charges or penalties any new tariffed service or any new contract for non-tariffed service within 30 days after the new tariffed service, or non-tariffed service under the new contract, is initiated. This Rule does not relieve the subscriber from payment for any actual per use charges made of the service before canceling, or for the reasonable cost of work done on the customer's premises (such as wiring or equipment installation) before the subscriber canceled.
[Comment: Requiring a subscriber who cancels a service or contract before the term is completed to nonetheless pay the recurring charges for more than the remainder of the billing period, or for one or more months if the billing period exceeds one month, constitutes imposing a penalty.]
(g) No telephone corporation, or any person, firm, or corporation representing a telephone corporation, shall make any change or authorize a different telephone corporation to make any change in the provider of any telephone service for which competition has been authorized of a telephone subscriber without the subscriber's authorization.
(h) No carrier whose service has been cancelled at the subscriber's request shall re-establish service for that subscriber without a new subscriber authorization.
Authorization may not be founded upon any term in an agreement for service that binds the subscriber to again take service from the carrier.
(i) Charges for non-subscription pay per use features are not authorized unless the user knowingly and affirmatively activates the service by dialing or some other affirmative means. Remaining on the line, or failing to remain on-hook for a sufficient time, or any other ambiguous action, shall not in itself constitute authorization; an unambiguous, associated, affirmative action is required.
(j) All disputed charges for any telecommunications service are subject to a rebuttable presumption that the charges are unauthorized unless there is (i) a record of affirmative subscriber authorization; (ii) a demonstrated pattern of knowledgeable past use; or (iii) other persuasive evidence of authorization.
(k) A carrier may not deny service for failure to provide a social security number. Where a subscriber chooses not to provide a social security number, the carrier may request other identification information sufficient to enable the carrier to verify the subscriber's identity and run a credit check.
(l) When a carrier denies an application for a telecommunications service subject to Commission jurisdiction, the carrier shall inform the applicant of the reasons within 10 days thereafter. The carrier's reasons shall be provided in writing unless the applicant agrees to accept a different form of notice.
(m) When establishing an installation or repair appointment for which the subscriber must be present, the carrier shall offer the subscriber a four-hour or shorter period during which it will arrive to commence work. If the installation or repair is not commenced within that period, the carrier offering the repair or installation service shall provide a $25 minimum credit to the subscriber unless the appointment was missed because (1) the carrier was denied access to the premises, (2) force majeure, or (3) the carrier cancelled or rescheduled the appointment no later than 5:00 p.m. two business days prior to the appointment. This credit is independent of any remedies available to the subscriber under Civil Code §1722(c) or elsewhere.
Rule 4: Prepaid Calling Cards and Services
The following standards and requirements for consumer disclosure and services shall apply to the advertising and sale of prepaid calling cards and prepaid calling services.
(a) Any advertisement of the price, rate, or unit value in connection with the sale of prepaid calling cards or services shall include a disclosure of any geographic limitation to the advertised price, rate, or unit value, as well as a disclosure of any additional surcharges, call setup charges, or fees or surcharges applicable to the advertised price, rate, or unit value.
(b) The following information shall be legibly printed on the card:
(1) The name of the carrier.
(2) A toll-free customer service number.
(3) A toll-free network access number, if required to access service.
(4) The authorization code, if required to access service.
(5) The expiration date or policy, if applicable, except where Rule 4(h) applies.
(c) The carrier shall print legibly on the card or packaging, and the carrier shall require that the vendor shall make available clearly and conspicuously in a prominent area immediately proximate to the point of sale of the prepaid calling card or prepaid calling services the following information:
(1) The value of the card and any surcharges, taxes, or fees, including monthly or other periodic fees, maintenance fees, per-call access fees, surcharges for calls made on pay telephones, or surcharges for the first minute or other period of use that may be applicable to the use of the prepaid calling card or prepaid calling services within the United States.
(2) Any surcharges for international calls or, in lieu of disclosing each surcharge, the highest surcharge for any international calls applicable on that card and any additional or different prices, rates, or unit values applicable to international usage of the prepaid calling card or prepaid calling services.
(3) The minimum charge per call, such as a three-minute minimum charge, if any.
(4) The definition of the term "unit," if applicable.
(5) The billing decrement.
(6) The name of the carrier.
(7) The recharge policy, if any.
(8) The refund policy, if any.
(9) The expiration policy, if any.
(10) The 24-hour customer service toll-free telephone number required in Rule 4(f).
(d) If a language other than English is used on the card or packaging to provide dialing instructions to place a call or to contact customer service, the information required by Rule 4(c) shall also be disclosed in that language in the point of sale disclosure in the manner described in Rule 4(c).
(e) If a language other than English is used in the advertising or promotion of the card or prepaid calling services or is used on the card or packaging other than for dialing instructions, the information required by Rule 4(c) shall also be disclosed in that language on the card or packaging and in the point of sale disclosure in the manner described in Rule 4(c).
(f) A carrier shall establish and maintain a toll-free customer service telephone number that shall meet the following requirements:
(1) A live operator shall answer incoming calls to the telephone number 24 hours a day, seven days a week.
A carrier offering prepaid cellular telephone services shall be deemed to be in compliance with the requirements of Rule 4(f)(1) for those services if, when a request for information related to those services is made outside of normal business hours, that carrier provides the information requested on the next business day.
(2) The telephone number shall have sufficient capacity and staffing to accommodate a reasonably anticipated number of calls without incurring a busy signal or undue wait. The carrier shall provide customer service in each language used on a prepaid calling card or its packaging and in the advertising or promotion of the prepaid calling card or prepaid calling services.
(3) The telephone number shall allow consumers to lodge complaints and obtain information on all of the following:
(A) All rates, surcharges, and fees.
(B) The carrier's recharge, refund, and expiration policies.
(C) The balance of use available in the consumer's account, if applicable.
(4) A carrier shall not impose a fee or surcharge related to obtaining customer service, including any charge related to connecting with the customer service number or waiting to speak to a live operator.
(g) A carrier that issues prepaid calling cards or prepaid calling services shall provide a refund to any purchaser of a prepaid calling card or prepaid calling services if the network services associated with that card or services fail to operate in a commercially reasonable manner. The refund shall be in an amount not less than the value remaining on the card or in the form of a replacement card, and shall be provided to the consumer within 60 days from the date of receipt of notification from the consumer that the card has failed to operate in a commercially reasonable manner.
(h) Cards without a specific expiration date or policy printed on the card, and with a balance of service remaining, shall be considered active for a minimum of one year from the date of purchase, or if recharged, from the date of the last recharge.
(i) In the case of prepaid calling cards or services utilized at a pay phone, the carrier may provide voice prompt notification of any applicable pay phone surcharges, in lieu of providing notice of surcharges as required by Rule 4(a) and by Rule 4(c)(1), provided that the carrier provides users of prepaid calling cards or services with reasonable time to terminate the call after notification of applicable pay phone surcharges without incurring any charge for the call.
(j) A carrier shall maintain access numbers with sufficient capacity to accommodate a reasonably anticipated number of calls without incurring a busy signal or undue delay.
(k) A carrier may not impose any fee or surcharge that is not disclosed as required by this section or that exceeds the amount disclosed by the carrier.
(l) A carrier may not impose any charges if the consumer is not connected to the number called. For the purpose of this paragraph, the customer shall not be considered connected to the number called if the customer receives a busy signal or the call is unanswered.
(m) The value of the card and the amount of the various charges, however denominated, that are required to be disclosed by Rule 4(c), shall be expressed in the same format. If the value of a card is expressed in minutes, the minutes shall be identified as domestic or international and the identification shall be printed on the same line or next line as the value of the card in minutes.
(a) A carrier may require a deposit to establish or re-establish service if and only if an applicant for service is unable to demonstrate acceptable credit to the satisfaction of the carrier. Failure to provide a social security number shall not be cause for requiring a deposit. A carrier may not require for its own benefit a deposit for services provided by another carrier, or refuse to accept a deposit in lieu of demonstrating satisfactory credit.
(b) A deposit to establish or re-establish basic service may not exceed twice the estimated or typical monthly bill for recurring and usage charges for basic service. A carrier may require an additional deposit for services it provides other than basic service.
(c) Deposits shall earn not less than 5% simple annual interest on the monthly unused balance.
(d) Carriers shall refund deposit amounts associated with basic service, with interest, after one continuous year of timely payments for basic service, and not later than 30 days after basic service is discontinued. Carriers shall refund deposits associated with other services not later than 120 days after service is discontinued.
(a) Telephone bills shall be clearly organized and may only contain charges for products and services the purchase of which the subscriber has authorized. Charges for non-communications-related products and services may be included in a telephone bill, or in the same envelope as a telephone bill, only if they meet the requirements of Part 4, Rules Governing Billing for Non-communications-Related Charges, of this General Order.
(b) The name of the service provider associated with each charge must be clearly and conspicuously identified on the telephone bill. Certificated carriers shall use the name that appears on their Certificate of Public Convenience and Necessity, or any fictitious business names that are properly registered pursuant to Business and Professions Code §§ 17900 et seq. and registered with the Commission's Telecommunications Division. Abbreviations may be used so long as there is sufficient information to make it abundantly clear to the subscriber and Commission staff who the service provider is. For carriers not certificated by the Commission, the bill shall include the name under which the carrier is certificated by the FCC, if applicable, or the carrier's legal name as registered with the California Secretary of State.
[Comment: These naming requirements were established by D.00-03-020 as modified by D.00-11-015. Carriers that provide service under a trade name that differs from the name required by this rule are free to place that trade name on the bill in addition to, but not instead of, the name required by this rule.]
(c) Where charges for two or more carriers appear on the same telephone bill, the charges must be separated by service provider.
(d) Telephone bills shall clearly and conspicuously identify any change in service provider, including identification of charges from any new service provider, and new recurring charges from current service providers. For purposes of this rule, "new service provider" means a service provider that did not bill a subscriber for that service during the service provider's previous billing cycle. This definition shall include only providers that have continuing relationships with the subscriber that will result in periodic charges on the subscriber's bill until the service is canceled.
(e) Any carrier or billing agent that charges subscribers for products or services on a telephone bill shall include, or cause to be included, in the telephone bill the amount being charged for each product or service, and a clear and concise description of the service, product, or other offering for which a charge has been imposed. The description must be sufficiently clear in presentation and specific in content so that customers can accurately assess that the services for which they are billed correspond to those that they have requested and received, and that the costs assessed for those services conform to their understanding of the price charged.
(f) Where a telephone bill contains both charges for basic residential or single line business service and other charges, the bill must distinguish between charges for which non-payment will result in disconnection of basic residential or single line business service, and charges for which non-payment will not result in such disconnection. The carrier must explain this distinction to the subscriber, and must clearly and conspicuously identify on the bill those charges for which nonpayment will not result in disconnection of basic residential or single line business service.
(g) All government-mandated taxes, surcharges and fees required to be collected from subscribers and to be remitted to federal, state or local governments shall be listed in a separate section of the telephone bill entitled "Taxes," and all such charges shall be separately itemized. This section of the bill shall not include any charges which the carrier has discretion to recover or not recover from subscribers, (e.g., the federal subscriber line charge is a discretionary charge). Carriers shall not label or describe charges in any other section of the bill in a way that could mislead subscribers to believe those charges are other than elective for the carrier to collect.
(h) Telephone bills shall, at a minimum, contain the following information: (1) billing carrier's name, consistent with Rule 6(b) above; (2) period of service covered by the bill (excluding services for which backbilling is permitted); (3) payment due date; (4) late payment charge (if applicable) and date after which it may be applied; (5) how to pay; and, (6) the carrier's toll-free number for billing inquiries and disputes, along with a postal address, or an e-mail address if the subscriber has agreed to communicate via electronic media, where the subscriber may send a billing inquiry or complaint in writing.
(i) Where the subscriber has arranged with the carrier to access the telephone bill only by e-mail or the Internet rather than by regular mail, the provisions of this Rule 6 shall apply to the bill so presented. In that case, the carrier shall in addition provide e-mail or web site addresses for billing inquiries and complaints.
(j) Carriers that allow non-presubscribed carriers to place charges on subscribers' bills shall provide subscribers the option of blocking such charges, except for services offered on a dial-around, billed to third-party, or collect call basis.
(k) In addition to the billing requirements above, each bill shall include the following statement in clear, readable type:
If you have a billing or service question, or a complaint, you should contact us to try to resolve the matter. If we are not able to resolve it to your satisfaction, you may write the California Public Utilities Commission, Consumer Affairs Branch, Room 2003, 505 Van Ness Avenue, San Francisco, CA 94102, or submit a complaint via the CPUC's website at www.cpuc.ca.gov, or call toll-free 1-800-649-7570 or TDD 1-800-229-6846.
If your complaint concerns interstate or international calling, you should contact the Federal Communications Commission at: Federal Communications Commission, Consumer Complaints, 445 12th Street SW, Washington, D.C. 20554. Or call toll-free 1-888-225-5322, or TTY 1-888-835-5322, or E-mail to fccinfo@fcc.gov
Note: The California Public Utilities Commission handles complaints of both interstate and intrastate unauthorized carrier changes ("slamming") at its address above.
The California Public Utilities Commission requires all telecommunications carriers to follow certain consumer protection rules. Your rights and those rules are available on the Commission's web site, linked from www.cpuc.ca.gov.
[Comment: The contact information in this billing statement was current as of the date the General Order was issued. CAB may by letter direct carriers to update or revise this contact information as necessary.]
(a) A carrier shall credit payments effective the business day payments are received by the carrier or its agent. The date after which a bill is considered overdue and delinquent, and after which late charges may accrue, shall not be earlier than 22 days after the date the bill was mailed. Any authorized late-payment penalty may not exceed 1.5% per month on the balance overdue. Subscribers shall not be liable for late payment charges on disputed amounts that are resolved in the subscriber's favor.
(b) A bill shall not include any previously unbilled charge for intrastate service furnished prior to three months immediately preceding the date of the bill, four months in the case of wireless roaming charges on a system other than the subscriber's home system, and five months for collect, third-party, and calling card calls. This limitation on backbilling does not apply in cases involving subscriber fraud.
(c) Carriers shall prorate charges for basic service for partial months. A 30-day month may be used for prorating in lieu of calendar days.
(d) Bills must be based on the rates in effect at the time the service was used. Any delays or lags in billing must not result in a higher total charge (other than for taxes, and surcharges and fees that are based on a percentage of the bill) than if the usage had been posted to the account in the same billing cycle in which the service was used.
(a) A carrier shall notify all affected subscribers at least 25 days in advance of every proposed change in its subscribers' tariffed service agreements or non-tariffed, non-term contracts that may result in higher rates or charges or more restrictive terms or conditions. The subscriber notice shall describe the current and proposed rates, terms or conditions, as appropriate. Where required by D.02-01-038 (or General Order 96-B, when issued), the notice must also describe the reason for the proposed change to a rate or charge and state the impact of the change in dollar and percentage terms.
[Comment: Rule 8(a) applies only to the carrier's rates (as defined), terms and conditions, and thus excludes government-mandated taxes, or surcharges for which the carrier has no discretion over the amount to charge the consumer and remit to government.]
(b) A carrier may not make any material change in a term contract that may result in higher rates or charges or more restrictive terms or conditions unless the change is also communicated to the subscriber in a written notice, 14 days prior to the change taking effect. Such notice shall additionally contain the following statement: "The terms of your contract have changed, and you may terminate it at any time without penalty." The subscriber may choose to cancel the changed contract or service agreement at any time with no penalty.
[Comment: Rule 8(b) does not apply to subscriber-initiated changes. It does not prohibit carriers from making unilateral changes to contracts where the changes result in lower rates or charges and/or less restrictive terms or conditions. It does not prohibit carriers from communicating notice of a change through electronic media - See Definitions for "Written; In Writing.]
(c) A carrier shall notify each affected subscriber at least 30 days in advance whenever it requests Commission approval for a transfer of subscribers, as defined. The notice shall follow the requirements where applicable of General Order 96-Series and/or Public Utilities Code § 2889.3; describe the proposed transfer in straightforward terms; explain that the transfer is subject to Commission approval; identify the transferee; describe any changes in rates, charges, terms, or conditions of service; state that subscribers have the right to select another utility; and provide a toll-free customer service telephone number for responding to subscribers' questions. Subscriber notices of transfers requested by application shall also comply with the Rules of Practice and Procedure and any rulings of the presiding officer during the course of the formal Commission proceeding.
In subscriber notices of transfers, certificated carriers shall use the name that appears on their Certificate of Public Convenience and Necessity, and any fictitious business names under which the service is offered, which business names shall be registered pursuant to Business and Professions Code §§ 17900 et seq. and with the Commission's Telecommunications Division. Abbreviations may be used so long as there is sufficient information to make it abundantly clear to the subscriber and Commission staff who the service provider is.
(d) A carrier shall notify each affected subscriber at least 25 days in advance of every request to the Commission to withdraw service. The notice must describe the proposed withdrawal and proposed effective date, state that subscribers have the right to choose another utility, and provide the carrier's toll-free customer service telephone number for responding to subscribers' questions. If the service to be withdrawn is basic service (as defined in these rules), the carrier must also: explain in the notice that the withdrawal is contingent on Commission approval; arrange with the default carrier(s) for continuity of service to affected subscribers who fail to choose another utility and describe in the notice those arrangements and the subscribers' right to receive basic service from the underlying carrier or carrier of last resort; and provide the default carrier's name and toll-free number.
(e) Notices required in these Rules shall be in writing by one or a combination of bill inserts, notices printed on bills, or separate notices sent by first class mail. In each case, an electronic notice may be substituted where the subscriber has agreed to receive notice in that manner. Notice by first class mail is complete when the document is deposited in the mail; and electronic notice is complete upon successful transmission (as defined in Cal. Civil Code § 1633.15(b)). Every notice in whatever form shall be legible and the equivalent of 10-point or larger type. Provisions in written notices that are not easily comprehended (whether by small or pale typography, confusing layout, insufficient space or margins, or by language that is too complex or inaccessible to an ordinary person (i.e., "legalistic"), etc.) may be deemed inapplicable.
(a) Carriers shall provide notices in writing to subscribers whose payments are overdue not less than 7 calendar days prior to terminating service for nonpayment. Each termination notice shall include all of the following:
(1) Carrier's name, following the same designation guideline used in Rule 6(b) above.
(2) The name and address of the subscriber, and the telephone number(s) associated with the delinquent account.
(3) Information sufficient for the subscriber to identify what service(s) are to be terminated, and the delinquent amount(s). If basic service is to be disconnected, the notice shall state the minimum amount that must be paid to retain basic service.
(4) The date by which payment, or arrangement for payment, must be made to avoid termination.
(5) A toll-free telephone number to reach a carrier service representative who can provide subscriber assistance. The toll-free number must be staffed to meet the same standard as described in Rule 1(e)(1).
(6) The telephone number of the Commission's Consumer Affairs Branch where the subscriber may direct inquiries.
Rule 9(a) and Rule 11(b) do not apply to termination of non-tariffed service for having reached either: (1) a usage or spending limit, prepaid or otherwise, that was arranged with the subscriber in advance; or (2) the end of a prepaid period of service known to and anticipated by the subscriber in advance.
(b) Basic exchange service may not be disconnected on any day carrier service representatives are not available to assist subscribers.
(c) The notice and disconnection requirements of Rule 9 and Rule 11(b) do not apply where the subscriber's acts or omissions demonstrate an intention to defraud the carrier, or threaten the integrity or security of the carrier's operations or facilities.
(d) Carriers of last resort may not disconnect basic residential or single line business service, either flat rate or measured rate, as defined in D.96-10-066, Appendix B, page 5, for nonpayment of any charge other than non-recurring or recurring charges for that same service, including mandated surcharges and taxes calculated on that service. Mandated surcharges do not include charges that are elective for the carrier to recover.
(e) Any payment made by a subscriber shall be applied first against the balance due on that subscriber's basic service unless the subscriber directs otherwise.
(f) Where a subscriber is offered and agrees to an alternative payment plan, the carrier must provide confirmation of the terms in writing if the subscriber so requests.
(g) Every carrier shall comply with the rules adopted by the Commission in D.91188 regarding service denial or disconnection for use of telecommunications service in violation of the law.
(a) In the case of a billing dispute between a subscriber and a carrier, the carrier shall investigate the charge(s) the subscriber has informed the carrier are in question, and shall reach a determination and communicate it to the subscriber within 30 days. During the time the investigation is pending, no late charges or penalties may be collected, the charge may not be sent to collection, and no adverse credit report may be made based on non-payment of the charge. If the subscriber prevails, then no late charge or penalty may be imposed on the amount in dispute.
(b) A carrier may not disconnect service to a subscriber before seven calendar days after the date the carrier notifies the subscriber in writing of the results of its investigation. In no event shall the carrier disconnect service prior to the due date shown on the bill.
[Comment: See Rules 9(a) and 9(c) for exceptions.]
(c) A carrier may not disconnect service to a subscriber for nonpayment if the subscriber has: (a) submitted a claim to CAB for informal review; (b) deposited the disputed amount with the Commission: and (c) either paid the undisputed amount to the carrier or deposited it with the Commission. No late charges or penalties may be collected on amounts in dispute. While CAB's review is pending, the charge may not be sent to collection, and no adverse credit report may be made based on non-payment of the charge.
[Comment: The rules in Part 4 supersede Rules 11(a), 11(b), and 11(c) when the dispute involves billings for non-communications related charges.]
(d) A carrier shall not provide, as a term or condition of service, for a choice of law other than that of California, for a forum for the adjudication of disputes located in a county other than the California county in which the subscriber is billed or which is the subscriber's primary place of use of the service, or for any limitation of the right of subscribers to bring complaints to the commission or any other agency. Carriers shall not hold subscribers liable for carrier costs resulting from complaints before the Commission, arbitrators, the courts or another agency.
(a) Every carrier shall designate one or more representatives to be available during regular business hours (Pacific time) to accept Consumer Affairs Branch inquiries and requests for information regarding informal complaints from subscribers. Every carrier shall provide to the Consumer Affairs Branch and at all times keep current its list of representative names, telephone numbers and business addresses.
(b) Every carrier shall provide all documents and information Consumer Affairs Branch may request in the performance of its informal complaint and inquiry handling responsibilities, including but not limited to subscriber-carrier service agreements and contracts, copies of bills, carrier solicitations, subscriber authorizations, correspondence between the carrier and subscriber, applicable third party verifications, and any other information or documentation. Carriers shall provide requested documents and information within ten business days from the date of request unless other arrangements satisfactory to Consumer Affairs Branch are made.
(c) Nothing in these rules shall limit the lawful authority of the Commission or any part of its staff to obtain information or records in the possession of carriers when they determine it necessary or convenient in the exercise of their regulatory responsibilities to do so.
(a) Every carrier shall prepare and issue to every employee who, in the course of his or her employment, has occasion to enter the premises of subscribers of the carrier or applicants for service, an identification card in a distinctive format having a photograph of the employee. The carrier shall require every employee to present the card upon requesting entry into any building or structure on the premises of an applicant or subscriber.
(b) Every carrier shall require its employees to identify themselves at the request of any applicant or subscriber during a telephone or in-person conversation, using a real name or other unique identifier.
(c) No carrier shall misrepresent, or allow its employees to misrepresent, its association or affiliation with a telephone carrier when soliciting, inducing, or otherwise implementing the subscriber's agreement to purchase products or services, and have the charge for the product or service appear on the subscriber's telephone bill.
All carriers providing end-user access to the public switched telephone network shall, to the extent permitted by existing technology or facilities, provide every residential telephone connection, and every wireless device technologically compatible with its system, with access to 911 emergency service regardless of whether an account has been established. No carrier shall terminate such access to 911 emergency service for non-payment of any delinquent account or indebtedness owed to the carrier.
