DRAFT

GENERAL ORDER NO. ___

PUBLIC UTILITIES COMMISSION OF THE

STATE OF CALIFORNIA

Rules Governing Telecommunications Consumer Protection

Adopted _______; Effective _________

(Decision __________ in Rulemaking 00-02-004)

IT IS ORDERED that all Commission-regulated telecommunications utilities shall respect the consumer rights and comply with the rules set forth in this General Order.

TABLE OF CONENTS

PART 1 - Bill of Rights 2

PART 2 - Consumer Protection Rules 2

A. Applicability 2

B. Definitions 3

C. Rules 7

Rule 1: Carrier Disclosure 7

Rule 2: Marketing Practices 10

Rule 3: Service Initiation 12

Rule 4: Prepaid Calling Cards and Services 15

Rule 5: Deposits to Establish or Re-establish Service 16

Rule 6: Billing 17

Rule 7: Late-Payment Penalties, Backbilling, and Prorating 19

Rule 8: Tariff Changes, Contract Changes, Transfers, Withdrawals
and Notices 20

Rule 9: Service Termination 21

Rule 10: [Reserved] 22

Rule 11: Billing Disputes 22

Rule 12: Privacy 23

Rule 13: Consumer Affairs Branch Requests for Information 28

Rule 14: Employee Identification 28

Rule 15: Emergency 911 Service 28

PART 3 - Rules Governing Billing for Non-communications-Related Charges 29

A. Scope and Purpose 29

B. Definitions 29

C. Authorization Requirements 34

D. Revocation of Opt-in Authorization 36

E. Billing Telephone Companies' Obligations to Screen and Monitor
Entities for Whom They Bill 37

F. No Disconnection of Basic Telephone Service for Nonpayment of Non-communications Charges 38

G. Complaint Procedures 39

H. Bill Format 42

I. Confidential Subscriber Information 42

J. Penalties 43

PART 4 - Rules Governing Slamming Complaints 43

A. Purpose and Scope of Rules 43

B. Definitions 44

C. Authorization and Verification of Orders for Telecommunications Services 46

D. Unauthorized Local Exchange Carrier Changes 46

E. Procedures for Unauthorized Carriers for the Resolution of an Alleged Unauthorized Change of Carrier 47

F. Procedures for Executing Carriers for the Resolution of an Alleged
Unauthorized Change of Carrier 49

G. Procedures for Authorized Carriers for the Resolution of an Alleged
Unauthorized Change of Carrier 50

H. Informal Complaints 51

I. Reports 53

PART 1 - Bill of Rights

The Commission declares that all consumers who interact with telecommunications providers must be afforded certain basic rights, and those rights shall be respected by the Commission-regulated providers with whom they do business:

Disclosure: Consumers have a right to receive clear and complete information about rates, terms and conditions for available products and services, and to be charged only according to the rates, terms and conditions they have agreed to.

Choice: Consumers have a right to select their services and vendors, and to have those choices respected by industry.

Privacy: Consumers have a right to personal privacy, to have protection from unauthorized use of their records and personal information, and to reject intrusive communications and technology.

Public Participation and Enforcement: Consumers have a right to participate in public policy proceedings, to be informed of their rights and what agencies enforce those rights, and to have effective recourse if their rights are violated.

Accurate Bills and Redress: Consumers have a right to accurate and understandable bills for products and services they authorize, and to fair, prompt and courteous redress for problems they encounter

Non-Discrimination: Every consumer has the right to be treated equally to all other similarly-situated consumers, free of prejudice or disadvantage.

Safety: Consumers have a right to safety and security of their persons and property.