GENERAL ORDER NO. ___
PUBLIC UTILITIES COMMISSION OF THE
STATE OF CALIFORNIA
Consumer Bill of Rights
Governing Telecommunications Services
Adopted _______; Effective _________
(Decision __________ in Rulemaking 00-02-004)
IT IS ORDERED that all Commission-regulated telecommunications service providers shall respect the consumer rights and freedom of choice provisions set forth in this General Order.
TABLE OF CONTENTS
PART 1 - Consumer Bill of Rights and Freedom of Choice 2
PART 2 - Consumer Protection and Public Safety Rules 4
A. Applicability 4
C. Rules 4
Rule 1: Consumer Affairs Branch Requests for Information...................5
Rule 2: Employee Identification 5
Rule 3: Emergency 911 Service 5
PART 3 - Rules Governing Billing for Non-Communications-Related Charges 6
A. Scope and Purpose 6
B. Authorization Requirements 7
C. Revocation of Opt-in Authorization 9
D. Billing Telephone Companies' Obligations to Screen and Monitor Entities for Whom They Bill 10
E. No Disconnection of Basic Telephone Service for Nonpayment of Non-Communications Charges 11
F. Complaint Procedures 12
G. Bill Format 15
H. Confidential Subscriber Information 15
I. Penalties 16
PART 4 - Rules Governing Slamming Complaints 16
A. Purpose and Scope 16
B. Definitions 17
C. Authorization and Verification of Orders 19
D. Carrier Liability for Slamming 19
E. Resolution of Unauthorized Changes in Preferred Carrier 19
F. Absolution Procedure Where the Subscriber Has Not Paid Charges 20
G. Reimbursement Procedures Where the Subscriber Has Paid Charges 21
H. Informal Complaints 23
PART 1 - Consumer Bill of Rights and Freedom of Choice
The primary responsibility of the California Public Utilities Commission is to protect consumers. The Commission's role in regulating the communications industry in recent years has changed dramatically with the development of national networks and markets, intermodal competition and changes in technology. Technology convergence, in particular, has blurred the lines between traditional, regulated voice services and largely unregulated services such as wireless, Voice over Internet Protocol (VoIP) and cable telephony.
As competition increases and new technologies mature, the regulatory regime must transition from a prescriptive model designed for public utilities of the last generation to an empowerment model designed for consumer protection in a more diverse and competitive market. The current regulatory framework, which imposes different sets of rules on providers of the same service hinders competition and imposes unnecessary costs on consumers while providing no consumer protection. A new framework for consumer protection must be developed that sets forth basic rights and principles that allow consumers to make informed choices regardless of who the provider is or what technology they choose.
The single most effective consumer protection in a competitive market is freedom of choice. In order for consumers to exercise that choice, laws and regulations against fraudulent and deceptive practices must be strictly enforced and consumers must be empowered to make informed decisions about the products they buy and the terms and conditions of service for which they contract. To achieve these objectives the Commission adopts the following principles in this "Consumer Bill of Rights" as a framework for consumer protection and freedom of choice in a competitive telecommunications market.
Freedom of Choice:
· Consumers have a right to select their services and vendors, and to have those choices respected by the industry.
· Consumers have a right to access the lawful content of their choice, including voice services, over their broadband Internet connection without interference from the broadband provider1.
· Consumers have a right to select any voice service provider of their choice, including no voice services, separate from their broadband service provider.2
· Consumers have the right to change voice service providers within the same local area and keep the same phone number.3
Disclosure:
· Consumers have a right to receive clear and complete information about rates, terms and conditions for products and service plans they select, and to be charged only according to the rates, terms and conditions they have agreed to.
· Consumers have a right to receive clear and complete information about any limitations affecting the services they select, including limitations on bandwidth, applications or devices that may be used in connection with their service.
Privacy:
· Consumers have a right to personal privacy, to have protection from unauthorized use of their financial records and personal information, and to reject intrusive communications and technologies.
Public Participation and Enforcement:
· Consumers have a right to participate in public policy proceedings affecting their rights, 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 resolving disputes and correcting errors.
Non-Discrimination:
· Consumers have the right to be treated equally to all other similarly-situated consumers, free from prejudice or discrimination.
Public Safety:
· Consumers have a right to maintain the safety and security of their person, property, and personal financial data.
· Consumers have a right to expect that providers of voice services utilizing numbers from the North American Numbering Plan and connecting to the Public Switched Telephone Network will offer reliable connections to E911 emergency services and Public Safety Answering Points, and to clear and complete disclosure of any limitations on access to 911 emergency services through the use of those services.
In adopting these principles the Commission does not assert regulatory jurisdiction over broadband service providers, Internet Service Providers, Internet content or advanced services, or any other entity or service not currently subject to regulation by the California Public Utilities Commission. The CPUC reserves the right to enforce these principles on Commission-regulated entities and services and to seek delegated authority from the Federal Communications Commission to make adherence to these principles a condition for any provider seeking authorization to use resources assigned to California from the North American Numbering Plan (NANP).
The principles contained in this Consumer Bill of Rights and Freedom of Choice shall serve the same purpose as a statement of legislative intent and 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 regulations not been adopted. Nor are they intended to contravene Public Utilities Code § 1759, as interpreted by San Diego Gas & Elec. Co. v. Superior Court, C 4th 893 (1996), Hartwell Corp. v. Superior Court, 27 C 4th 256 (2002), and People ex. Re. Orloff v. Pacific Bell, 31 C 4th 1132 (2003).]
PART 2 - Consumer Protection and Public Safety Rules
These rules are applicable to telecommunications services subject to the Commission's jurisdiction offered by telecommunication service providers.
Compliance with these rules does not relieve service providers of other obligations they may have under their tariffs, other Commission general orders and decisions, FCC orders and federal or state statutes.
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.
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 consumer rights and regulations shall not be interpreted to create a private right of action or form the predicate for a right of action under any other state or federal law. The standard to be applied in the construction and application of these rules is that of a reasonable consumer.
These rules do not limit any rights a consumer may have to pursue remedies for conduct that is not addressed by these rules or services not subject to the Commission's jurisdiction.
B. Rules
(a) Every carrier and service provider under the Commission's jurisdiction 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 and service provider 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 and service provider under the Commission's jurisdiction 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 and service providers 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.
Rule 3: Emergency Services 911 / E911
All carriers and voice service providers providing end-user access to the public switched telephone network shall, to the extent permitted by existing technology or facilities and in accordance with all applicable Federal Communications Commission orders, 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.
1 Consumers should not be restricted in their ability to reach any Internet location, Internet Service Provider or Web site of their choosing. This would prohibit unreasonable "port-blocking" and any other activity deemed anti-competitive by the FCC or any applicable federal or state statute (as opposed to blocking for purposes such as spam filtering). A consumer's right to access lawful content may be limited in accordance with the terms and conditions expressly agreed to by the customer in their service contract. Customers should be able to reach any website they choose and not be redirected to a website favored by the broadband Internet access provider. A customer's service should not be intentionally degraded if they choose to visit sites not affiliated with the broadband provider. Companies maintain the right to charge for access to proprietary content and may enforce legal restrictions on the use of that content. When restrictions are necessary to ensure the integrity of the network, such restrictions should be documented, clearly related to this goal, and clearly spelled out in the consumers' service contract. This includes information about a service provider's blocking and filtering policies and about expected performance with respect to upstream and downstream data rates and limitations of the service. This provision is not intended to prohibit a broadband service provider from offering tiered service (e.g., at lower or differentiated prices) where limitations on a consumer's ability to run certain applications is agreed to in their service contract. Nor is it intended to prohibit a broadband service provider from offering premium services (e.g. greater security, reliability or functionality) for a higher price or via private, managed networks.
2 This provision is not intended to require unbundled or wholesale access to any network element including the Low Frequency Portion of the Loop. This provision is intended to prohibit broadband service providers or network owners from requiring customers to purchase local voice service from the broadband provider as a condition of providing broadband service.
3 In accordance with the rules set forth by FCC regulations regarding Local Number Portability (See In the matter of Telephone Number Portability, Intermodal Order, 18 FCC Rcd 23697 (2003) and United States Telecom Ass'n v. FCC, 400 F. 3d 29 (D.C. Cir. 2005)
