ORDER
IT IS ORDERED that:
1. G.O. 168, "Market Rules to Empower Telecommunications Customers and to Prevent Fraud," is hereby adopted. A copy of the General Order is attached to this decision as Appendix A.
2. The Interim Rules Governing the Inclusion of Non-Communications-Related Charges in Telephone Bills, adopted in D.01-07-030, are repealed.
3. Commission Staff is directed to lead the effort to design, implement, maintain and monitor a telecommunications consumer education program in accordance with this decision in coordination with representatives of carriers and community based organizations.
4. Commission Staff is directed to post on the Commission's website the consumer education material developed in the Commission-led consumer education program within 120 days of this decision.
5. This proceeding shall remain open so that the Commission may consider the special problems faced by consumers with limited English proficiency.
This order is effective today.
Dated ______________, at San Francisco, California.
REVISED GENERAL ORDER 168,
MARKET RULES TO EMPOWER TELECOMMUNICATIONS CONSUMERS AND TO PREVENT FRAUD
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.
PART 1 - Consumer Bill of Rights and Freedom of Choice
The Commission adopts the following rights and 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 telecommunications services and vendors of their choice.
· Consumers have a right to access the lawful content of their choice, including voice services, over their broadband Internet connection without any anticompetitive interference from their broadband provider.
· Consumers have a right to purchase commercially available broadband access even if they do not obtain traditional voice service from their broadband provider.
· Consumers have the right to change voice service providers within the same local area and keep the same phone number in accordance with the rules set forth by FCC regulations regarding Local Number Portability.166
Disclosure:
· Consumers have a right to receive clear and complete information about all material terms and conditions, such as material limitations, for i) products and service plans they select or ii) available products and service plans for which they request information.
· Consumers have a right to be charged only according to the rates, terms and conditions they have agreed to, as set forth in service agreements or carrier tariffs governing services ordered.
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 Dispute Resolution:
· Consumers have a right to accurate and understandable bills for products and services they authorize, and to fair, efficient and reasonable mechanisms for resolving disputes and correcting errors.
Non-Discrimination:
· Consumers have the right to be treated equally to all other similarly-situated consumers, free from unreasonable prejudice or discrimination.
Public Safety:
· Consumers have a right to maintain the safety and security of their person, property, financial records and personal information.
· Consumers have a right to expect that that carriers will offer connections to E911 emergency services and access to Public Safety Answering Points to the extent this is technically feasible and required by law, and to clear and complete disclosure of material limitations on access to 911 emergency 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. To the extent the California Public Utilities Commission lacks such jurisdiction over any such entity or service, it will work with the Federal Communications Commission to develop appropriate mechanisms in support of the foregoing rights and principles.
The foregoing principles contained in this Consumer Bill of Rights and Freedom of Choice shall serve the same purpose as a statement of legislative intent that will help guide governmental action to promote consumer protection and freedom of choice in a competitive telecommunications market. These principles shall not be interpreted to create a private right of action, to form the predicate for a right of action under any other state or federal law, or to create liability for that would not exist absent the foregoing principles.
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
Rule 1: Consumer Affairs Branch Requests for Information
(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.
Rule 2: Employee Identification
(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.
PART 3 - Rules Governing Slamming Complaints
The purpose of these rules is to establish carriers' and subscribers' rights and responsibilities, and the procedures both must follow, for addressing slamming complaints that involve California's regulated telecommunications carriers. Slamming is the unauthorized change of a subscriber's presubscribed carrier. These California-specific rules are designed to supplement and work in conjunction with corresponding rules issued by the Federal Communications Commission.
The California Public Utilities Commission is the primary adjudicator of both intrastate and interstate slamming complaints in California. A subscriber may request that the FCC rather than the Commission handle an interstate slamming complaint, in which case the FCC would apply its rules, and these rules would govern any related intrastate complaint. Where these rules differ from the FCC's slamming rules, the differences are in recognition of California-specific issues and are consistent with the FCC's mandate to the states.
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.
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.
These rules take precedence over any conflicting tariff provisions on file at the Commission. The remedies provided by these rules are in addition to any others available by law.
Authorized Carrier: Any telecommunications carrier that submits a change, on behalf of a subscriber, in the subscriber's selection of a provider of telecommunications service with the subscriber's authorization verified in accordance with state and federal law.
Commission: California Public Utilities Commission, unless otherwise noted.
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.
Days: Calendar days, unless otherwise noted.
Executing Carrier: Any telecommunications carrier that effects a request that a subscriber's telecommunications carrier be changed. A carrier may be treated as an executing carrier, however, if it is responsible for any unreasonable delays in the execution of carrier changes or for the execution of unauthorized carrier changes, including fraudulent authorizations.
FCC: Federal Communications Commission.
LATA: Local Access and Transport Area.
Submitting Carrier: Any telecommunications carrier that requests on the behalf of a subscriber that the subscriber's telecommunications carrier be changed and seeks to provide retail services to the end user subscriber. A carrier may be treated as a submitting carrier, however, if it is responsible for any unreasonable delays in the submission of carrier change requests or for the submission of unauthorized carrier change requests, including fraudulent authorizations.
Subscriber: Any one of the following:
(1) The party identified in the account records of a carrier as responsible for payment of the telephone bill;
(2) Any adult person authorized by such party to change telecommunications services or to charge services to the account; or
(3) Any person contractually or otherwise lawfully authorized to represent such party.
Unauthorized Carrier: Any telecommunications carrier that submits a change, on behalf of the subscriber, in the subscriber's selection of a provider of telecommunications service but fails to obtain the subscriber's authorization verified in accordance with state and/or federal law.
Unauthorized Change: A change in a subscriber's selection of a provider of telecommunications service that was made without authorization verified in accordance with the verification procedures described in state and/or federal law.
C. Authorization and Verification of Orders for Telecommunications Services
Authorization and verification of orders for telecommunications services shall be done in accordance with applicable state and federal laws.
D. Carrier Liability for Slamming
(a) Carrier Liability for Charges. Any submitting telecommunications carrier that fails to comply with the required procedures for changing carriers or verifying subscriber authorization shall be liable to the subscriber's properly authorized carrier in an amount equal to 150% of all charges paid to the submitting telecommunications carrier by such subscriber after such violation, as well as for additional amounts as prescribed in Part 3.G. The remedies provided in this Part 3 are in addition to any other remedies available by law.
(b) Subscriber Liability for Charges. Any subscriber whose selection of telecommunications services provider is changed without authorization verified in accordance with legally-required procedures is liable for charges as follows:
(1) If the subscriber has not already paid charges to the unauthorized carrier, the subscriber is absolved of liability for charges imposed by the unauthorized carrier for service provided during the first 30 days after the unauthorized change. Upon being informed by a subscriber that an unauthorized change has occurred, the authorized carrier, the unauthorized carrier, or the executing carrier shall inform the subscriber of this 30-day absolution period. Any charges imposed by the unauthorized carrier on the subscriber for service provided after this 30-day period shall be paid by the subscriber to the authorized carrier at the rates the subscriber was paying to the authorized carrier at the time of the unauthorized change in accordance with the provisions of Part 3.F(e).
(2) If the subscriber has already paid charges to the unauthorized carrier, and the authorized carrier receives payment from the unauthorized carrier as provided for in paragraph (a) of this section, the authorized carrier shall refund or credit to the subscriber any amounts determined in accordance with the provisions of Part 3.G(c).
(3) If the subscriber has been absolved of liability as prescribed by this section, the unauthorized carrier shall also be liable to the subscriber for any charge required to return the subscriber to his or her properly authorized carrier, if applicable.
E. Resolution of Unauthorized Changes in Preferred Carrier
(a) Notification of Alleged Unauthorized Carrier Change. Executing carriers who are informed of an unauthorized carrier change by a subscriber must immediately notify both the authorized and allegedly unauthorized carrier of the incident. This notification must include the identity of both carriers.
(b) Referral of Complaint. Any carrier, executing, authorized, or allegedly unauthorized, that is informed by a subscriber or an executing carrier of an unauthorized carrier change shall direct that subscriber to CAB for resolution of the complaint.
(c) Notification of Receipt of Complaint. Upon receipt of an unauthorized carrier change complaint, CAB will notify the allegedly unauthorized carrier of the complaint and order that the carrier remove all unpaid charges for the first 30 days after the slam from the subscriber's bill pending a determination of whether an unauthorized change, as defined by Part 3.B., has occurred, if it has not already done so.
(d) Proof of Verification. Not more than twenty business days after notification of the complaint, the alleged unauthorized carrier shall provide to CAB a copy of any valid proof of verification of the carrier change. This proof of verification must contain clear and convincing evidence of a valid authorized carrier change. CAB will determine whether an unauthorized change, as defined by Part 3.B., has occurred using such proof and any evidence supplied by the subscriber. Failure by the carrier to respond or provide proof of verification will be presumed to be clear and convincing evidence of a violation.
F. Absolution Procedure Where the Subscriber Has Not Paid Charges
(a) This section shall only apply after a subscriber has determined that an unauthorized change, as defined by Part 3.B., has occurred and the subscriber has not paid charges to the allegedly unauthorized carrier for service provided for 30 days, or a portion thereof, after the unauthorized change occurred.
(b) An allegedly unauthorized carrier shall remove all charges incurred for service provided during the first 30 days after the alleged unauthorized change occurred, as defined by Part 3.B., from a subscriber's bill upon notification that such unauthorized change is alleged to have occurred.
(c) An allegedly unauthorized carrier may challenge a subscriber's allegation that an unauthorized change, as defined by Part 3.B., occurred. An allegedly unauthorized carrier choosing to challenge such allegation shall immediately notify the complaining subscriber that: the complaining subscriber must file a complaint with CAB within 30 days of either: the date of removal of charges from the complaining subscriber's bill in accordance with paragraph (b) of this section or; the date the allegedly unauthorized carrier notifies the complaining subscriber of the requirements of this paragraph, whichever is later; and a failure to file such a complaint within this 30-day time period will result in the charges removed pursuant to paragraph (b) of this section being reinstated on the subscriber's bill and, consequently, the complaining subscriber will only be entitled to remedies for the alleged unauthorized change other than those provided for in Part 3.D(b)(1). No allegedly unauthorized carrier shall reinstate charges to a subscriber's bill pursuant to the provisions of this paragraph without first providing such subscriber with a reasonable opportunity to demonstrate that the requisite complaint was timely filed within the 30-day period described in this paragraph.
(d) If CAB, under Part 3.H. below, determines after reasonable investigation that an unauthorized change, as defined by Part 3.B., has occurred, it shall notify the carriers involved that the subscriber is entitled to absolution from the charges incurred during the first 30 days after the unauthorized carrier change occurred, and neither the authorized or unauthorized carrier may pursue any collection against the subscriber for those charges.
(e) If the subscriber has incurred charges for more than 30 days after the unauthorized carrier change, the unauthorized carrier must forward the billing information for such services to the authorized carrier, which may bill the subscriber for such services using either of the following means:
(1) The amount of the charge may be determined by a re-rating of the services provided based on what the authorized carrier would have charged the subscriber for the same services had an unauthorized change, as described in Part 3.B., not occurred; or
(2) The amount of the charge may be determined using a 50% Proxy Rate as follows: Upon receipt of billing information from the unauthorized carrier, the authorized carrier may bill the subscriber for 50% of the rate the unauthorized carrier would have charged the subscriber for the services provided. However, the subscriber shall have the right to reject use of this 50% proxy method and require that the authorized carrier perform a re-rating of the services provided, as described in paragraph (e)(1) of this section.
(f) If the unauthorized carrier received payment from the subscriber for services provided after the first 30 days after the unauthorized change occurred, the obligations for payments and refunds provided for in Part 3.G. shall apply to those payments. If CAB, under Part 3.H. below, determines after reasonable investigation that the carrier change was authorized, the carrier may re-bill the subscriber for charges incurred.
G. Reimbursement Procedures Where the Subscriber Has Paid Charges
(a) The procedures in this section shall only apply after a subscriber has determined that an unauthorized change, as defined by Part 3.B., has occurred and the subscriber has paid charges to an allegedly unauthorized carrier.
(b) If CAB, under Part 3.H. below, determines after reasonable investigation that an unauthorized change, as defined by Part 3.B., has occurred, it shall direct the unauthorized carrier to forward to the authorized carrier the following:
(1) An amount equal to 150% of all charges paid by the subscriber to the unauthorized carrier; and
(2) Copies of any telephone bills issued from the unauthorized carrier to the subscriber. This order shall be sent to the subscriber, the unauthorized carrier, and the authorized carrier.
(c) Within ten days of receipt of the amount provided for in paragraph (b)(1) of this section, the authorized carrier shall provide a refund or credit to the subscriber in the amount of 50% of all charges paid by the subscriber to the unauthorized carrier. The subscriber has the option of asking the authorized carrier to re-rate the unauthorized carrier's charges based on the rates of the authorized carrier and, on behalf of the subscriber, seek an additional refund from the unauthorized carrier, to the extent that the re-rated amount exceeds the 50% of all charges paid by the subscriber to the unauthorized carrier. The authorized carrier shall also send notice to CAB that it has given a refund or credit to the subscriber.
(d) If an authorized carrier incurs billing and collection expenses in collecting charges from the unauthorized carrier, the unauthorized carrier shall reimburse the authorized carrier for reasonable expenses.
(e) If the authorized carrier has not received payment from the unauthorized carrier as required by paragraph (c) of this section, the authorized carrier is not required to provide any refund or credit to the subscriber. The authorized carrier must, within 45 days of receiving CAB's determination as described in paragraph (b) of this section, inform the subscriber and CAB if the unauthorized carrier has failed to forward to it the appropriate charges, and also inform the subscriber of his or her right to pursue a claim against the unauthorized carrier for a refund of all charges paid to the unauthorized carrier.
(a) Where possible, the properly authorized carrier must reinstate the subscriber in any premium program in which that subscriber was enrolled prior to the unauthorized change, if the subscriber's participation in that program was terminated because of the unauthorized change. If the subscriber has paid charges to the unauthorized carrier, the properly authorized carrier shall also provide or restore to the subscriber any premiums to which the subscriber would have been entitled had the unauthorized change not occurred. The authorized carrier must comply with the requirements of this section regardless of whether it is able to recover from the unauthorized carrier any charges that were paid by the subscriber.
[Comment: Nothing in these Part 3 rules is intended to prohibit a subscriber and an alleged unauthorized carrier from making mutually-agreeable arrangements for compensating the subscriber and restoring the service to the authorized carrier without the subscriber's having to file a complaint with CAB; provided, however, that the alleged unauthorized carrier must first have informed the subscriber of the 30-day absolution period and the subscriber's right to file such a complaint.]
The following procedures shall apply to informal complaints to the Commission alleging an unauthorized change of a subscriber's preferred carrier, as defined by Public Utilities Code § 2889.5 or the FCC's slamming rules.
(a) Address: Complaints shall be mailed to:
Slamming Complaints
Consumer Affairs Branch
California Public Utilities Commission
505 Van Ness Avenue
San Francisco, CA 94102
(b) Form: The complaint shall be in writing, and should contain: (1) the complainant's name, address, telephone number, and e-mail address (if the complainant has one); (2) the names of the alleged unauthorized carrier, the authorized carrier, and the executing carrier, if known; (3) the date of the alleged unauthorized change, if known; (4) a complete statement of the facts (including any documentation) showing that the carrier changed the subscriber's preferred carrier without authorization; (5) a copy of the subscriber's bill which contains the unauthorized changes; (6) a statement of whether the complainant has paid any disputed charges to the alleged unauthorized carrier; and (7) a statement of the specific relief sought.
(c) Procedure:
(1) CAB staff will acknowledge receipt of subscriber's complaint and inform the subscriber of the procedures for resolving it.
(2) CAB will notify the executing carrier, the authorized carrier, and the alleged unauthorized carrier of the alleged unauthorized change.
(3) CAB staff will require the alleged unauthorized carrier to produce evidence of authorization and verification, and any other information or documentation CAB staff may need to resolve the subscriber's complaint. The alleged unauthorized carrier shall provide evidence of subscriber authorization and verification within twenty (20) business days of CAB's request. If a carrier requests an extension of time from CAB Staff, the carrier shall provide a written explanation why the required explanation cannot be provided within twenty (20) days, and an estimate of when it will provide the information. If evidence of authorization and verification is not provided within twenty (20) business days, a presumption exists that an unauthorized change occurred, and CAB staff will find that an unauthorized change did occur.
(4) Upon request by CAB staff for information other than the subscriber authorization and verification, the alleged unauthorized carrier shall provide such information within twenty business days of CAB's request or provide a written explanation as to why the information cannot be provided within the required twenty business days and an estimate of when it will provide the information.
(5) CAB staff will determine whether an unauthorized change has occurred. CAB's investigation may include review of the alleged subscriber authorization, verification, solicitation methods and materials, and any other information CAB staff determines is relevant to the investigation.
(6) Upon concluding its investigation, CAB staff will inform the subscriber, the executing carrier, the alleged unauthorized carrier, and the authorized carrier of its decision.
(d) Appeals:
(1) If the subscriber is not satisfied with CAB staff decision, the subscriber may appeal the decision to a Consumer Affairs Manager. The subscriber shall present new information or explain any factual or legal errors made in CAB staff decision.
(2) If the subscriber is not satisfied with the resolution of the complaint by the Consumer Affairs Manager, the subscriber may file a formal complaint with the Commission according to the Commission's Rules of Practice and Procedure, Article 3.
(3) If CAB staff finds that an unauthorized change has occurred but the unauthorized carrier disagrees and pursues billing or collection against the subscriber, CAB staff will forward this information to Commission's enforcement staff and advise the subscriber to file a formal complaint.
PUBLIC UTILITIES COMMISSION
STATE OF CALIFORNIA
By Steve Larsen
Executive Director
Original G.O. 168 Bill of Rights Language
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 the 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.
[Comment: This Bill of Rights shall serve the same purpose as a statement of legislative intent and is 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.]
Bill of Rights Language from May 2 ACR
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 provider.
· Consumers have a right to select any voice service provider of their choice, including no voice services, separate from their broadband service provider.
· Consumers have the right to change voice service providers within the same local area and keep the same phone number.
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).]
PREEXISTING STATUTES AND REGULATIONS
ADDRESSING PART 1 RIGHTS AND PRINCIPLES167
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 |
B&P Code § 17500 |
Prohibits untrue, misleading, and fraudulent statements in advertising. | |
B&P 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 |
B&P 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 |
B&P 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 billing telephone companies to provide subscriber complaint reports | |
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 |
B&P 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 |
B&P 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. | |
Consumer Education Program Principles
· The California Public Utilities Commission will lead the effort to create, develop and maintain a comprehensive and objective consumer education program.
· The education program will be developed with input from consumer groups, industry representatives and Commission Staff.
· The Commission will develop and maintain a website portal dedicated to telecommunications consumer education.
· Commission website will include the following: principles and rights, consumer education material, existing rules, and links to Community Based Organizations and Governmental websites that include helpful information for consumers.
· Consumer education materials will be concise, available in multiple languages and put into laymen's terms.
· Existing rules, laws and guidelines available to protect consumers should be organized and available in one place on the Commission's website.
· The Commission will regularly evaluate the efficacy of its education program.
· Once a year Commission staff and parties will meet to review the education materials. This review will ensure that we update and augment materials as needed to better suit consumers' needs.
Proposed Consumer Education Topics
1. Your Rights
· Freedom of choice
· Disclosure
· Privacy
· Public participation and enforcement
· Accurate bills and dispute resolution
· Non-discrimination
· Public safety
· Finding a provider in your area
· Comparing plans or services
· Public programs and qualification for them
3. The Purchase
· Service plan
· Rates (including early termination fees)
· Length of commitment
· Terms and conditions
· Confirmation
· Deposits
· Pricing
· Activation/installation
· Verification
· Coverage
· Roaming
· Dropped calls, dead spots and busy signals
· Changes to service or provider/ slamming
· How to read the bill
· What are my charges
· Taxes, fees, and surcharges
· Minimum amount due and penalty
· Late payment options
· Contacts for questions or billing disputes
· Whom to contact for help
· Community-based organizations
· Consumer groups
· Filing a complaint with the CPUC
· Filing a complaint with the FCC
· Review your contract or terms of your service
· Contact your service provider
· Find out what you are required to do in order to cancel service
· Limits that may apply to when you can stop paying for service
8. Glossary, Terms, Helpful Links, and FAQs
· A glossary with description of major terms
· Links to additional information not found on the Commission website
· Frequently asked questions
Notice of Availability Peevey-Kennedy Proposed Decision Consumer Bill of Rights
166 See United States Telecomm. Ass'n v. FCC, 400 F. 3d 29 (D.C. Cir. 2005); In the Matter of Telephone Number Portability, Intermodal Order, 18 FCC Rcd. 23697 (2003).
167 This list of statutes and regulations was provided by Wireline Group Opening Testimony, Aug. 5, 2005, Exhibit A.
