Appendix D
PREEXISTING STATUTES AND REGULATIONS
ADDRESSING PART 1 RIGHTS AND PRINCIPLES390
FREEDOM OF CHOICE
CURRENT STATUTES & REGULATIONS IMPLEMENTING THESE RIGHTS:
FEDERAL | ||
Statutes |
Cite |
Topic |
47 USC § 228(c)(5) |
requires local carrier to offer option to block access to pay-per-call services | |
47 USC §258(a) |
prohibits unauthorized change of subscriber's carrier selection. | |
Regulations |
47 CFR § 64.1120 |
authorization and verification of orders for telecom services. |
CALIFORNIA | ||
Statutes |
Cite |
Topic |
PU Code § 728.4 |
option for directory listing. | |
PU Code § 2884(a) |
option to block 900/976 service. | |
PU Code § 2889.3(a) |
notice of withdrawal from providing interexchange services and transfer of customers. | |
PU Code § 2889.4(a) |
requires LEC to offer option to block pay-per-use features. | |
PU Code § 2889.5(a) |
prohibits unauthorized change of subscriber's carrier selection. | |
PU Code § 2890(a) |
prohibits unauthorized charges on bill. | |
PU Code § 2893(a) |
option to block Caller ID | |
PU Code § 2896(a) |
requires customer service to provide sufficient information about services for customer to make informed choice | |
Regulations |
Cite |
Topic |
G.O. 133-B, § 2.1 |
establishes uniform reporting levels of service for installation, maintenance, and quality of telephone service. | |
D. 95-07-054, App B. §3, Rule 15 |
requires CLECs to offer option to block 900/976 service. | |
D. 96-04-049, Att. Rule 5 |
requires CLEC to offer blocking options for Caller ID at no charge | |
D. 98-08-031, App A Rule 3(b) |
prohibits detariffed NDIECs from re-establishing service without express consent. | |
D. 00-03-020, O.P. 7 |
service provider change requests expire 90 days after customer authorization | |
D. 01-07-030, App. A, §§ A-D |
authorizations required for billing telephone company to place non-communications charges on phone bills. | |
D. 02-01-038, App. § 3, ¶¶ 1 and 2 |
requires notice to affected customers of right to select another utility 30 days before proposed transfer of customers | |
Same, § 3, ¶¶ 1 and 3 |
requires notice to affected customers of right to select another utility 25 days before effective date of withdrawal of service |
CURRENT STATUTES & REGULATIONS IMPLEMENTING THESE RIGHTS:
FEDERAL | ||
Statutes |
Cite |
Topic |
15 USC § 45(a)(1) |
Prohibits unfair or deceptive acts or practices in or affecting commerce | |
15 USC § 6102(a) |
Prohibits deceptive telemarketing acts or practices | |
47 USC § 228(d)(2) |
requires toll free number to inform and to respond to subscribers about pay-per-call services | |
Regulations |
47 CFR § 64.1603 |
requires notice to subscribers about Caller ID |
16 CFR § 310.1 et seq. |
Telemarketing Sales Rules | |
CALIFORNIA | ||
Statutes |
Cite |
Topic |
BUS. & PROF. Code § 17500 |
Prohibits untrue, misleading, and fraudulent statements in advertising. | |
BUS. & PROF. Code § 17538.9(b), (1)-(5), (9), (11), (13) |
prepaid cards & services: required disclosures in advertising, on cards, at point of sale, at point of use. | |
Civ. Code § 1799.202(a) |
duty to provide consumer contract. | |
PU Code § 8 |
required notices must be in writing, in English, unless otherwise provided. | |
PU Code § 489(a) |
requires carriers to print tariffs and keep open for public inspection | |
PU Code § 489(b) |
duty to inform prospective subscribers and subscribers (1) of basic services available to class, and (2) about ULTS. | |
Cite |
Topic | |
PU Code § 491 |
requires proposed tariff rate/rule changes to be kept open for public inspection; prohibits tariff change from taking effect except after 30 days notice, unless CPUC orders otherwise. | |
PU Code § 729.5 |
duty to provide prior notice of more than10% rate increase | |
PU Code § 742(b) |
requires publication in directory of payphone rules | |
PU Code § 742.3 |
requires surcharge notice at payphones | |
PU Code § 786 (a), (b) |
requires annual notice to residential subscribers of residential services offered and public telephone policies. | |
PU Code § 788 (b) |
requires LECs to provide annual notice to residential subscribers of inside wiring duties and procedures | |
PU Code § 876 |
duty to inform subscribers about ULTS | |
PU Code § 2889.3 |
notice of withdrawal from providing interexchange services and transfer of customers. | |
PU Code § 2889.5(a), (4), (5)(B), & (6) |
duty to provide written confirmation of change in service provider | |
PU Code § 2889.6(a) and (b) |
requires LECs to inform customers annually and in directory of emergency situations affecting the network. | |
PU Code § 2889.9(a) |
duty to truthfully represent affiliation with carrier | |
PU Code § 2890(b) |
content & format standards for written orders and solicitations | |
PU Code § 2896(a) |
duty to provide sufficient information to make informed choice |
Regulations |
Cite |
Topic |
G.O. 96-A, 3rd Interim Opinion, D. 05-01-032, App. , § 3.4, ¶ 2 |
requires utility, after filing an advice letter, to provide a copy to anyone so requesting. | |
G.O. 133-B, § 1.4 |
requires service quality reports be kept open for public inspection | |
G.O. 153, Rule 4.1 |
requires LECs to inform new residential customers about the availability of ULTS | |
D. 92-11-062, Att. 1 O. P. 7(a), (c), (g) |
requires SBC and VZ to notify customers of Caller ID and blocking options | |
Same, O.P. 7(i) |
requires SBC and VZ to maintain 24 hr. toll free number for information about Caller ID and blocking | |
D. 95-07-054, App. B, § 3, Rule 1 |
requires CLECs to provide on request: · carrier identification number; · carrier phone number and address for billing and service inquiries; · CPUC telephone number; · copy of consumer protection regulations. | |
Same, Rule 2 |
requires CLECs to inform prospective customers: · about ULTS. · prior to agreement, of all charges for services and other charges on first bill. requires CLECs to provide new customers: · confirmation of services ordered and charges, within 10 days, in language of sale. · all material terms and conditions affecting what customer pays for services within 10 days of initiating service
| |
Same, Rule 3(A) |
Required content and notices on CLEC bills | |
Same, Rule 3(B) |
Required notice for CLEC deposit receipts |
Cite |
Topic | |
D. 95-07-054, App. B, § 3, Rule 6(A)(1) |
requires CLEC to provide: · rates, terms and conditions on request to current or potential customer. · 30 day prior notice of major rate increases. · notice of changes to terms and conditions. | |
Same, Rule 6(B)(2) |
requires CLEC to provide: · 7 days prior notice of termination for nonpayment · disconnect notice with specified content | |
Same, Rule 6(C) |
requires CLEC to notify customer of change in ownership or identity | |
Same, Rule 6(D) |
standards for CLEC notices: legible, 10 point font, date of mailing is date of presentation. | |
Same, Rule 10(A) |
requires CLEC to provide notice prior to discontinuing service for nonpayment. | |
Same, Rule 11(A) |
LEC and CLEC solicitations required to include current rates, terms and conditions, must be legible and min. 10 point font. | |
D. 96-04-049, Att., Rule 2 |
requires CLEC to notify prospective customers about caller ID and blocking options | |
Same, Rule 10(a) |
requires CLEC to provide new customer with written confirmation of blocking option selected and right to change option | |
Same, Rule 10(b) |
requires CLEC to provide annual notice to customers about Caller ID and blocking options | |
Same, Rule 12 |
requires CLEC to maintain 24 hr. toll free number for information about Caller ID and blocking options |
Regulations |
Cite |
Topic |
D. 01-07-026, App., § 2.1 |
requires utility with intrastate revenues exceeding $10 million, to publish its tariff(s) on web, accessible at no charge to the public | |
Same, § 2.2 |
requires utility to maintain a toll-free number for inquiries regarding tariffs and to print the number on bills | |
Same, § 3 |
requires utility that offers choice of rate plans, optional features, or alternative means to select a service, to disclose choices and means of selection. | |
Same, § 3 |
requires representations in advertising or otherwise about tariffed services to be consistent with terms and conditions in tariff. | |
D. 01-09-058, O.P. 1 |
requires SBC to make specific disclosures about Caller ID blocking options | |
Same, O.P. 4 |
requires SBC to disclose to its inside wire customers landlord's responsibility | |
Same, O.P. 6 |
requires SBC to place description of optional services & optional service packages, with prices, in directories
| |
Same, O.P.8 |
requires SBC service representatives handling inbound customer service calls to describe lowest-priced option for purchasing the requested services. | |
D.02-01-038, App. § 3, ¶¶ 1 and 2 |
requires notice to affected customers 30 days before proposed transfer of customers; prescribes notice content. | |
Same, § 3, ¶¶ 1 and 3 |
requires notice to affected customers 25 days before effective date of withdrawal of service; prescribes notice content. | |
Same, § 3, ¶¶ 1 and 4 |
requires notice to affected customers of advice letter requesting higher rate /more restrictive term 25 days before effective date; prescribes notice content. |
CURRENT STATUTES & REGULATIONS IMPLEMENTING THIS RIGHT:
FEDERAL | ||
Statutes |
Cite |
Topic |
47 USC § 222(a) |
requires carriers to protect confidentiality of customer proprietary information | |
47 USC § 222(c) |
prerequisites for disclosure of individually identifiable customer proprietary network information | |
47 USC § 227 |
Telephone Consumer Protection Act: protections against telephone solicitations and unsolicited advertising | |
Regulations |
47 CFR § 64.1601(b), (c) |
requires carrier using SS7 to abide by calling party request not to pass Caller ID and to impose no charge |
47 CFR § 64.1601(e) |
requires telemarketers to transmit Caller ID | |
47 CFR § 64.1602(a) |
restricts use of subscriber information provided pursuant to ANI | |
47 CFR § 64.2003 et seq. |
CPNI rules | |
16 CFR § 310.4(b)(1) |
National Do Not Call Registry | |
CALIFORNIA | ||
Statutes |
Cite |
Topic |
BUS. & PROF. Code § 17590 |
California Do Not Call Registry | |
Civ. Code § 1798.82 |
liability for unauthorized disclosure of personal information | |
PU Code § 588(a) |
release of customer information to law enforcement; subpoena required for release of customer usage | |
Statutes |
Cite |
Topic |
PU Code § 2891 |
requires residential customer's written consent for release of personal information | |
PU Code § 2891.1(b) |
requires mobile provider to get express prior consent to include subscriber number in a subscriber list/directory | |
PU Code § 2891.1(a) |
prohibits including unlisted number in residential subscriber list sold/licensed | |
PU Code § 2893(a) |
requires carriers to allow caller to block Caller ID at no charge | |
PU Code § 2894.10 |
requires LEC to provide residential customers directory and annual notice of privacy rights with respect to telemarketing | |
Regulations |
G.O 107-B, Part II A. 4 |
prohibits monitoring or recording of telephone conversations except in specified circumstances |
D. 91-05-018 |
sets requirements for ILECs to establish customer creditworthiness; requires that customers be permitted to refuse to provide social security numbers | |
D. 92-11-062, Att. 1 O. P. 6 |
requires SBC and VZ to offer blocking options for Caller ID free of charge and to process change orders expeditiously | |
Same, O.P. 7(i) |
requires SBC and VZ to maintain 24 hr. toll free number for information about Caller ID and blocking | |
D. 95-07-054, App. B, § 3, Rule 4(A) |
prohibits CLEC from denying credit to customer for failure to provide social security number |
Regulations |
Cite |
Topic |
D. 96-04-049, Att., Rules 5, 6 |
requires CLEC to offer blocking options for Caller ID at no charge and to process change orders expeditiously | |
D. 96-04-049, Att., Rule 12 |
requires CLEC to maintain 24 hr. toll free number for information about Caller ID and blocking options | |
D. 96-09-098, App. A, Rule 5(A) |
Prohibits NDIEC from denying credit for failure to provide social security number | |
D. 01-07-030, App. A, § I |
prohibits billing telephone company from releasing confidential subscriber information absent subscriber's written consent, with certain exceptions. |
PUBLIC PARTICIPATION AND ENFORCEMENT
CURRENT STATUTES & REGULATIONS IMPLEMENTING THIS RIGHT:
FEDERAL | ||
Statutes |
Cite |
Topic |
15 USC § 5711(a)(3), (c) |
requires carrier to produce records re pay-per-call service provider to FTC | |
47 USC § 206 |
carrier liable to person injured by violation for damages sustained in consequence of violation | |
47 USC § 207 |
private right of action for violation before FCC or federal court | |
47 USC § 415(b) |
time limit to recover damages | |
47 USC § 415(c) |
time limit to recover overcharges | |
CALIFORNIA | ||
Statutes |
Cite |
Topic |
BUS. & PROF. Code § 17204 |
right of action for unfair, deceptive, or fraudulent business practices or advertising | |
Civ. Code § 1722(c) |
liability for damages for missed repair appointment | |
PU Code § 581 |
duty to respond to CPUC data requests | |
PU Code § 582 |
duty to produce documents sought by CPUC | |
PU Code § 701 |
CPUC's necessary and convenient authority | |
PU Code § 736 |
time limit to recover charges | |
PU Code § 786(c) |
requires FCC telephone number and address for inquiries to be displayed on bills | |
PU Code § 1702 |
right of action for unlawful acts or omissions | |
PU Code § 2106 |
carrier liable to person injured as a result of unlawful act or omission for all damages caused. | |
Statutes |
Cite |
Topic |
PU Code § 2109 |
act/omission of officer, agent or employee considered carrier's act/omission. | |
PU Code § 2889.9(d) |
requires the CPUC to establish rules for reporting subscriber complaints | |
PU Code § 2889.9(f) |
allows CPUC to order billing telephone company to cease billing for third party if it fails to respond to staff data requests | |
PU Code § 2889.9(g) |
requires billing telephone companies to cooperate with CPUC in enforcement of third party billing rules | |
PU Code § 2890 (d)(2)(B) |
requires CPUC telephone number for registering complaints to appear on bill | |
PU Code § 2896(d) |
duty to inform of regulatory process | |
Regulations |
G.O. 133-B, §§ 1.6, 4.4 |
requires carriers to make available records/ summaries of service measurements |
D. 95-07-054, App. B. § 3, Rule 3.A(7) |
requires CLEC bills to contain statement advising where and how to file a complaint with the CPUC. | |
Same, Rule 6.A(2) |
Customer right to bring complaint against CLEC when information provided conflicts with tariffs. | |
D. 98-08-031, App. A, Rule 6
|
requires detariffed NDIECs to cooperate with the CPUC | |
D. 01-07-030, App. A,§ J |
allows CPUC to penalize billing telephone companies and vendors for violations | |
D. 05-01-032 (G.O. 96-A, Third Interim Opinion), App., § 4.1, ¶ 4 |
allows any person to protest or respond to an advice letter within 20 days of the date of filing. | |
Same, App. , § 4.6, ¶ 1 |
sets 30 day initial review period for advice letter filing unless statute or CPUC order authorizes earlier effective date. |
CURRENT STATUTES & REGULATIONS IMPLEMENTING THIS RIGHT
FEDERAL | ||
Statutes |
Cite |
Topic |
15 USC § 5721(a) |
rules re correction of billing errors with respect to telephone-billed purchases: Telephone Disclosure & Dispute Resolution Act | |
47 USC § 228(d)(4) |
requirements for display of pay-per-call services on telephone bill | |
Regulations |
47 CFR § 64.201 et seq |
Truth-in-Billing requirements |
CALIFORNIA | ||
Statutes |
Cite |
Topic |
BUS. & PROF. Code § 17538.9(b) (6)-(8), (12) |
charges for prepaid cards and services | |
PU Code § 779.2(a) |
prohibits termination of residential service for nonpayment of debt owed to another party | |
PU Code § 786(c) |
requires charges imposed in response to FCC regulations to be shown separately and identified on bill | |
PU Code § 2889.2 |
prohibits billing calling party for "800" call | |
PU Code § 2889.4(c) |
requires one-time bill adjustment for pay-per-use features inadvertently activated | |
PU Code § 2889.5(b) |
allows a subscriber, switched without a signed authorization, to request to be switched back within first 90 days at no charge,
| |
PU Code § 2889.9(a) |
prohibits misrepresenting affiliation with carrier when soliciting or implementing customer agreement to purchase services and have charges appear on bill | |
Statutes |
Cite |
Topic |
PU Code § 2890(a) |
allows on bills only charges for authorized products or services | |
PU Code § 2890(c) |
circumstances where local service may be disconnected for nonpayment | |
PU Code § 2890(d)(1) |
requires on bill separate billing section for each entity whose charges appear on bill | |
PU Code § 2890 (d)(2)(A) |
requires separate charge for each product/service, and a clear and concise description of each product/service | |
PU Code § 2890 (d)(2)(B) |
requires on bill toll-free telephone number for dispute resolution, for each entity whose charges appear on bill, and how to address billing dispute | |
PU Code § 2890 (d)(2)(C) |
requires each entity whose charges appear on bill to maintain a toll-free number to respond to questions or disputes about charges | |
PU Code § 2890 (d)(2)(D) |
creates rebuttable presumption that an unverified charge was not authorized; requires process to resolve disputes over unauthorized charges quickly. | |
PU Code § 2890(e) |
Verification of disputed charges | |
PU Code § 2896(c) |
requires reasonable statewide standards for billing | |
Regulations |
D. 85-12-017 D. 86-04-046 |
requirements for LECs for late payment charges |
D. 86-12-025 |
backbilling rules | |
D. 95-07-054, App. B, § 3, Rule 3.A (1)-(6) |
requires CLEC bills to contain specified content |
Regulations |
Cite |
Topic |
D. 95-07-054, App. B, § 3, Rule 6.B |
requires CLEC disconnect notice to contain specified content | |
Same, Rule 6.C |
requires CLEC bill to identify change of service provider | |
Same, Rule 7 |
rules for CLECs for prorating bills | |
Same, Rule 8 |
procedures for resolving disputed bills between customers and CLECs | |
Same, Rule 10.A |
prerequisites for CLEC discontinuing service | |
D. 00-03-020 and D. 00-11-015, O.P. 1 |
requirements for carrier name | |
D. 01-07-026, App., § 2.2 |
requires utility to maintain a toll-free number for inquiries regarding tariffs and to print the number on bills | |
D. 01-07-030, App. A, § E - H |
billing for non-communications related charges | |
D. 01-09-058, O.P. 2 |
requires SBC to include on bill: (1) Caller ID blocking status of each line, and (2) code required to block or unblock the number |
CURRENT STATUTES & REGULATIONS IMPLEMENTING THIS RIGHT:
FEDERAL | ||
Statutes |
Cite |
Topic |
47 USC § 201(a) |
requires carriers to furnish service upon reasonable request | |
47 USC § 201(b) |
requires charges and rules for service be just and reasonable | |
47 USC § 202(a) |
prohibits unjust and unreasonable discrimination, preference, and disadvantage | |
CALIFORNIA | ||
Statutes |
Cite |
Topic |
PU Code § 451 |
requires charges and rules for services to be just and reasonable | |
PU Code § 453(a) |
prohibits preferences and prejudice as to rates, services, and facilities | |
PU Code § 453(b) |
prohibits disadvantage and different rates or deposits on account of gender, race, national origin, disability, religion, or marital status | |
PU Code § 453(c) |
prohibits unreasonable differences in rates and facilities between localities and classes of service | |
PU Code § 779.5 |
requires a deposit requirement to be based solely on creditworthiness. | |
PU Code § 2896(b) |
requires ability to access live operator by dialing "0", at no charge | |
Regulations |
G.O. 96-A |
Procedures governing tariff changes |
D. 91-05-018 |
Requirements for establishing customer creditworthiness (ILEC) | |
Regulations |
Cite |
Topic |
D. 95-07-054, App. A, Part 4 § F (1) - (2) |
requires CLEC to serve customers requesting service within its service territory on nondiscriminatory basis | |
D. 95-07-054, App. B, § 3, Rule 2 |
requires CLEC to provide applicant denied service written notice of reason | |
Same, Rule 4(A) and (5) |
prerequisites for CLECs to require deposits | |
Same, Rule 12 |
allows CLEC to deny service if credit not satisfactory and deposit not paid | |
D. 96-10-066, App. B, Rule 4.B |
elements of basic service | |
D. 01-07-026, App. B, § 3 |
requires service to be provided in accordance with tariffs then in effect. |
CURRENT STATUTES & REGULATIONS IMPLEMENTING THESE RIGHTS:
FEDERAL | ||
Statutes |
Cite |
Topic |
47 USC § 228(c)(4) |
prohibits disconnection of local service for non-payment of charges for pay-per-call services | |
CALIFORNIA | ||
Statutes |
Cite |
Topic |
BUS. & PROF. Code § 17500.3(a) |
requires identification of affiliation for sale | |
PU Code § 708 |
requires employees to carry and present photo ID card to enter customer premises | |
PU Code § 779.2(a) |
prohibits termination of residential service for nonpayment of debt owed to another party | |
PU Code § 2883(a) |
requires access to 911 regardless of whether an account has been established | |
PU Code § 2883(b) |
prohibits termination of access to 911 for nonpayment of delinquent account | |
PU Code § 2889.6 |
requires annual and directory notice of emergency situations affecting the network. | |
PU Code § 2892(a) |
wireless- duty to provide 911 | |
Regulations |
D. 91188 |
procedure for disconnection of service when law enforcement shows probable cause to believe services used for illegal purposes |
D. 95-07-054, App. B, § 3, Rule 10(B) |
allows CLEC to disconnect service where fraud indicated | |
Same, Rule 10(C) |
requires CLEC to keep 911 access for residential customers disconnected for nonpayment | |
D. 00-03-020 and D. 00-11-015, O.P. 1 |
prohibits disconnection of dial tone for nonpayment of charges other than charges for basic service. | |
390 This list of statutes and regulations was provided by Wireline Group Opening Testimony, Aug. 5, 2005, Exhibit A.
