COM/GFB/RW1/vfw
Mailed June 7, 2004
Decision 04-05-057 May 27, 2004
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 168,
RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION
Title Page
INTERIM DECISION ISSUING GENERAL ORDER 168, 2
RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION 2
Summary 2
Background 3
Part 1: Bill of Rights 7
Part 2: Consumer Protection Rules 16
Relationship to Existing Rules and Tariffs 16
Tariffs 17
CLC Rules 18
Detariffed IEC Rules 19
CMRS Rules, and the CMRS Proceeding 19
General Orders 21
State and Federal Statutes, and FCC Orders 22
Applicability 23
The New Consumer Protection Rules 27
Rule 1: Carrier Disclosure 27
Rule 2: Marketing Practices 38
Rule 3 (and Former Rule 4): Service Initiation and Changes 42
Rule 4: Prepaid Calling Cards and Services 52
Rule 5: Deposits to Establish or Re-establish Service 57
Rule 6: Billing 60
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 80
Rule 11: Billing Disputes 85
Rule 12 89
Rule 13: Consumer Affairs Branch Requests for Information 89
Rule 14: Employee Identification 90
Rule 15: Emergency 911 Service 92
Part 3: Reserved 94
Part 4: Rules Governing Billing for Non-Communications-Related Charges 94
Part 5: Rules Governing Slamming Complaints 96
Background 96
The FCC Slamming Rules 99
The CPUC Slamming Rules 101
The Parties' Comments 102
Detariffing 106
Limitation of Liability 111
Education and Enforcement 113
Education 114
Enforcement 118
Scoping Memo 124
Pending Motions 125
Comments on Draft Decision 142
Assignment of Proceeding 148
Findings of Fact 148
Conclusions of Law 152
INTERIM ORDER 156
Appendix A - General Order
INTERIM DECISION ISSUING GENERAL ORDER 168,
RULES GOVERNING TELECOMMUNICATIONS CONSUMER PROTECTION
Summary
By this decision the Commission adopts General Order No. 168 (G.O. 168), Rules Governing Telecommunications Consumer Protection, applicable to all Commission-regulated telecommunications utilities. G.O. 168 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; Part 3, is a reserved section; in Part 4, Rules Governing Billing for Non-communications-Related Charges, in response to recent state legislation; and in Part 5, 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 those revisions implementing these rules may not 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 establish a privacy rule in addition to existing P.U. Code Section 2891, 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.
