PART 2 - Consumer Protection Rules
These rules are applicable to all telecommunications carriers, including wireless carriers, unless expressly exempted in these rules or by Commission order. Each carrier shall observe these rules when dealing with the public, including small businesses (as defined). Acts of an agent on behalf of a carrier are considered acts of the carrier for purposes of these rules.
Where a carrier's tariffs provide a higher level of consumer protection than these rules, the higher level is to continue in force.
Except as specifically provided in these rules, the provisions of these rules may not be waived by contract. Any provision in a contract to provide service for an individual or small business subscriber that purports to waive any requirement set forth in these rules is contrary to public policy and is of no effect.
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.
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.
Affiliate
An entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another entity.
[Comment: See 47 C.F.R. § 64.2003 (a).]
Basic Service:
A minimum level of telecommunications service, as defined in D.96-10-066 and as may be changed by later decisions, which each carrier offering local exchange service is required to provide to all of its residential customers who request local exchange service. Also referred to as "basic exchange service."
Carrier:
Any telecommunications provider subject to the Commission's jurisdiction, including wireless carriers. "Carrier" also includes all entities offering telephone services via telephone prepaid debit cards who are required to obtain operating authority or register with the Commission as specified in Public Utilities Code Section 885. Carriers are responsible for ensuring compliance with these rules by their agents and every person, firm or corporation representing the carrier or acting in the carrier's behalf.
"LEC" refers to local exchange carriers; "ILEC" refers to incumbent local exchange carriers; "CLC" refers to competitive local exchange carriers; "IEC" refers to interexchange carriers; and "CMRS" refers to commercial mobile radio service carriers.
Clear and Conspicuous:
A statement is clear and conspicuous if it is readily understandable and presented in a size, color, contrast, location, and audibility, compared to the other material with which it is presented, that make it readily noticed and understood. If a statement modifies, explains, or clarifies other information with which it is presented, it must be presented in close proximity to the information it modifies and in a manner that makes it as readily noticed and understood as the information it modifies, explains, or clarifies.
Commission:
California Public Utilities Commission.
Competitive Service:
Any service the Commission has determined to be competitive, including all service offerings by non-dominant IEC, CLC and CMRS providers, and Category II and Category III service offerings of the New Regulatory Framework LECs. All regulated telecommunications services that are not competitive services are non-competitive services.
Confidential Subscriber Information:
Non-public information specific to a subscriber, that is collected or developed by a carrier solely by virtue of the carrier-subscriber relationship. It includes: (1) information about a subscriber (such as social security number, credit and other personal financial information) collected directly from the subscriber or from another source, such as an organization that provides individual credit history information, (2) information derived by the carrier from the provision of service to a subscriber (such as the subscriber's calling patterns, type, destination, and amount of use, services subscribed to, and information contained in telephone bills), and (3) a customer's name, telephone number and address if a subscriber has requested that such information be withheld from a printed or electronic directory.
Confidential subscriber information does not include subscriber list information.
[Comment: This definition includes the type of personal information protected by 47 U.S.C. § 222 (see FCC's definition of Customer Proprietary Network Information (CPNI), 47 CFR § 64.2003(c ) (revised as of October 1, 2000), and by Public Utilities Code § 2891).]
Consumer:
Any individual or small business which purchases or subscribes, or may potentially purchase or subscribe, to any product or service provided or billed by a carrier.
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.
Day:
A calendar day unless otherwise indicated.
Employee:
Includes, for purposes of these rules, employees, contract employees, contractor employees, agents, and carrier representatives of any and all types.
Key Rates, Terms and Conditions:
Any provisions imposed by a carrier to which a subscriber is bound (through, e.g., the carrier's tariffs, service agreements, contracts, operating practices, billing practices, system limitations, etc.) that may result in or increase a charge on a subscriber's bill or limit a subscriber's use of a product or service. Key rates, terms and conditions would generally include, but not be limited to, the following when applicable:
Service activation or installation charges, periodic recurring charges, per-unit usage charges, usage allowances, minimum charges, surcharges or fees other than taxes, usage restrictions, geographic limitations, time of use distinctions (e.g., peak/off-peak), term of service, termination fees or penalties, required bundling arrangements, billing practices disadvantageous to the subscriber, and any other information necessary to make the key rates, terms and conditions information disclosed not misleading.
[Comment: Key rates, terms and conditions need not be all-encompassing and may vary by the type of user. I.e., depending on the circumstances, the definition need not include a rate, term or condition a typical user would not encounter in using the product or service or would not regard as a significant consideration in deciding whether to subscribe to, use or retain the product or service. Under most circumstances it would also not include charges incurred by the subscriber on an unaffiliated carrier's system and simply passed through by the carrier without markup; or charges for pay per use services unlikely to be incurred by a typical user, or pay per use charges when they require user pre-subscription separate from the underlying service (although they would be key for a user who does presubscribe).]
Non-communications-related:
As defined or used in Part 3, Rules Governing Billing for Non-Communications-Related Charges, of this General Order.
Prepaid Calling Service
Any prepaid telecommunications service that allows consumers to originate calls through an access number and authorization code, whether manually or electronically dialed.
Prepaid Calling Card; Prepaid Telephone Debit Card
Any object containing an access number and authorization code that enables a consumer to use prepaid calling services. It does not include any object of that type used for promotional purposes.
Rates:
Any amounts requested to be paid by the user of a telecommunications service by whatever name, including charges, surcharges and fees, over which a carrier has discretionary authority. Unless otherwise indicated, "rates" includes any subscriber line charges (also known as the end user common line charge) authorized by the Federal Communications Commission.
Small Business:
A business that subscribes for not more than twenty telephone access lines from any single carrier, or an individual who subscribes directly for not more than twenty access lines from any single carrier for business use or combination business and personal use. Any business or individual subscribing to more than two T-1 lines may not be considered a small business customer. For purposes of these rules, all entities other than individuals (e.g., government and quasi-governmental agencies, associations, etc.) meeting the twenty-access and two T-1 line limits are treated identically with small businesses. A business is defined by a billed account.
Solicitation:
An offer, tentative or otherwise, by a carrier, or employee or agent of a carrier, to a consumer or consumers, or to the public generally, to provide a product or service for compensation. Proposed sales agreements and contracts are solicitations. Sales pitches of all types are solicitations, and carriers' interactions with existing or prospective customers to set up new services generally include multiple solicitations. Product- or service-specific advertising and other promotional materials fall within the definition of solicitation, whereas brand-name or image advertising generally would not.
Subscriber:
Any individual or small business that purchases or subscribes to any telecommunications service subject to Commission jurisdiction. Also referred to as a "customer."
Subscriber list information:
Any information that both (a) identifies the listed names of subscribers of a carrier and such subscribers' telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses, or classifications; and (b) the carrier or an affiliate has published, caused to be published, or accepted for publication in any directory format.
Subscriber list information does not include any information that a subscriber has requested to be withheld from a printed or electronic directory.
Transfer:
A transfer of subscribers in which the transferee would replace the transferring utility for some or all of the latter's subscribers. A transfer of subscribers does not include a transfer at the corporate level that does not affect the underlying utility or subscribers.
[This definition is intended to be in consistent with the definition of "transfer of customers" in D.02-01-038.]
Type of Service
"Type of service" refers to three broad categories of telephone service: Local Exchange Service; Interexchange (long distance and local toll service); and CMRS.
User
A person who uses a telecommunications network or service.
Written; In Writing
Both "written" and "in-writing" describe materials intended to be read, either in hardcopy document form (including fax) or transmitted through electronic media. For purposes of these rules, whenever anything is required to be provided "in writing" or in "written" form (e.g., a disclosure, a notice, or a confirmation), the requirement may be satisfied through the use of electronic media if both parties to the communication have agreed to do so. If they have not, a tangible, hardcopy document is required. Carriers' electronic communications with customers must satisfy the requirements of the federal E-Sign Act and/or the California Uniform Electronic Transactions Act where they apply.
[Comment: This definition of "written" and "in writing" will be interpreted consistent with the requirements of the federal Electronic Signatures Act, 15 USCA §§ 7001 et seq. (E-Sign Act), whenever it is applicable, or with the California Uniform Electronic Transactions Act, Cal. Civil Code §§ 1633 et seq. (CUETA), subject to the limitations on what constitutes a "signature" that are set forth in these rules. It is not possible to determine in advance which transactions will be governed by the federal E-Sign Act and which by the CUETA. Carriers are responsible for determining which law applies to their own transactions.]
(a) Every carrier offering tariffed services whose annual gross intrastate revenues, as defined in Public Utilities Code Section 435(c) and reported to the Commission for purposes of the Utilities Reimbursement Account exceed $10 million, shall publish, and shall thereafter keep up to date, its currently effective California tariffs on a World Wide Web site on the Internet.
(1) This requirement derives from D.01-07-026, which the Commission issued in anticipation of issuing a new General Order 96-B. Carriers subject to the Internet publishing requirement of that decision (or, when it is issued, General Order 96-B) must meet the associated requirements of that decision and general order as well (e.g., the site must be accessible and the tariffs downloadable at no charge; the site must be kept updated and indicate pending changes, etc.).
(2) Each carrier exceeding the revenue threshold of this Rule 1(a) in its last annual report to the Commission was required to meet the World Wide Web site publication requirement not later than January 1, 2002. Carriers first exceeding the revenue threshold in later years must meet the requirement not later than 180 days after the due date to file their first annual report to the Commission showing they have crossed the $10 million revenue threshold.
(b) Every carrier that meets the $10 million revenue threshold of Rule 1(a) above shall publish on a World Wide Web site on the Internet, and shall thereafter keep up to date, the key rates, terms and conditions of each non-tariffed offering subject to the Commission's jurisdiction and to which individuals or small businesses in California may subscribe. Once so published, those rates, terms, and conditions shall remain on the World Wide Web site for as long as there are California subscribers to whom they apply.
[Comment: Carriers first setting up their Internet sites to comply with this Rule need not initially include legacy plans (plans available only to those already enrolled in them). However, as plans published on the Internet site subsequently close and become legacy plans, those legacy plans must remain on the site for as long as there are customers to whom they apply.]
(1) Service offerings for which there are current subscribers, but which are no longer available to others, must be clearly indicated as such.
(2) Descriptions of the service rates, terms and conditions published under this Rule 1(b) are considered solicitations and must meet the other requirements applicable to solicitations under these Consumer Protection Rules.
(3) Carriers subject to this Internet publishing requirement must meet the other Internet publishing requirements of D.01-07-026 (or, when it is issued, General Order 96-B) as well (e.g., the site must be accessible and the tariffs downloadable at no charge; the site must be kept updated and indicate pending changes, etc.).
(4) Each carrier exceeding the revenue threshold of this Rule 1(b) in its annual report to the Commission covering calendar year 2002 must meet the World Wide Web site publication requirement not later than 180 days after the effective date of this General Order. Carriers first exceeding the revenue threshold in later years must meet the requirement not later than 180 days after the due date to file their first annual report to the Commission showing they have crossed the $10 million threshold.
(c) Every carrier shall provide the following upon request by any subscriber, including any former subscriber for whom, in the judgment of either the carrier or the subscriber, charges or credits are still pending:
(1) A description of each service for which charges appear(ed) on the subscriber's bill, and the rates, terms and conditions applicable to that service.
(2) A toll-free telephone number the subscriber may call to reach the carrier, and the carrier's post office address to which the subscriber may write, for inquiries, disputes and complaints related to the bill or to any other aspect of the subscriber's service.
(3) For any charges the carrier has placed on the bill on behalf of any other entity, but for which the carrier does not handle inquiries, disputes and complaints: the name of the other entity, a toll-free telephone number the subscriber may call, and a post office address to which the subscriber may write, for inquiries, disputes and complaints related to those charges.
[Comment: The rules in Part 3 take precedence over these Part 2 rules whenever there is a conflict between them and the charges are for non-communications related charges.]
(d) Every carrier shall provide the following upon request by any subscriber or other member of the public:
(1) The carrier's legal name, its designated utility number (Cal. PUC U-number), and the names under which the carrier offers regulated telecommunications service in California.
(2) A description of the carrier's service offerings that relate to the customer's inquiry and are currently open to individual or small business subscribers in California, and the applicable key rates, terms and conditions.
(3) The address and toll-free telephone number of the Commission's Consumer Affairs Branch.
(4) A description of customers' privacy rights and how the carrier handles confidential subscriber information.[Comment: The information provided in response to this Rule 1(d)(4) must meet the requirements of Rule 12(f), Required Notice of Privacy Rights. See Rule 12 for a specific explanation of disclosure requirements regarding privacy rights.]
(e) Under Rules 1(c) and 1(d) above:
(1) Carriers, and those entities to whom carriers refer requests, must arrange to accept all requests within a reasonable time and without excessive waiting intervals or rejections for lack of staffing or facilities. As a guideline, the telephone lines used to take subscriber inquiry, complaint, dispute and repair calls should give access to a carrier representative as quickly and reliably as lines the carrier provides for receiving incoming sales calls.
(2) Timeliness in providing responses is particularly important for responses to be useful. Under most circumstances, carriers must be able to provide real-time responses with Rule 1(c)(2), Rule 1(c)(3), and Rule 1(d)(3) information, and at least mailed-next-business-day responses for Rule 1(c)(1) inquiries relating to pending bills, and Rule 1(d)(1), Rule 1(d)(2), and Rule 1(d)(4) information.
(3) Responses must be provided in writing if so requested, or by other method mutually acceptable to both the requestor and carrier.
(f) A carrier providing basic service in an area shall include, at a minimum and in addition to subscriber listing information, the following emergency and customer disclosure information in the alphabetical telephone directory it provides to its customers in that area. A carrier providing basic service that does not publish its own alphabetical telephone directory may meet the carrier-specific information requirements of this rule by ensuring that the carrier-specific information is contained in either (1) the alphabetical telephone directory that the carrier causes to be delivered to its subscribers; or (2) written form suitable for inserting into that directory and delivered to every customer at the time, or shortly after the time, the directory is delivered.
(1) The procedures which the carrier will follow during emergencies.
(2) How telephone subscribers can best use the telephone network in an emergency situation.
(3) The emergency services available by dialing 911.
(4) Information regarding state and federal laws that protect the privacy rights of residential telephone subscribers with respect to telephone solicitations.
(5) Telephone number(s) to contact the carrier for any purpose related to a customer's account or service.
(6) Instructions for reaching an operator and directory assistance.
(7) Basic service rates and information, including those for Universal Lifeline Telephone Service.
(8) The carrier's prefixes within the directory boundaries; where each is located; and for each prefix, a list of all other prefixes which can be reached as a local call.
(9) A map of California Local Access and Transport Areas (LATAs) and their locations.
(10) A list of area codes (North American Numbering Plan areas) and their locations.
(11) A list of international dialing codes, and instructions for making international calls.
(12) Accessibility information for non-English speaking and deaf and disabled customers.
(13) For carriers having tariffs or other customer disclosure information on the Internet, the carrier's Internet address for accessing that information.
(14) A Commission-provided summary of the consumer protection measures provided in this General Order, and the Commission's Internet address where this General Order is posted.
(15) Information explaining the availability and effect of Caller ID blocking options.
(g) No basic service provider shall reduce the level of telecommunications-related information included in an alphabetical telephone directory without first obtaining authorization from the Commission to do so.
(h) Rates, terms and conditions included in service agreements or contracts or provided in required responses to public inquiries may not incorporate other information by reference, except for terms and conditions from Commission approved tariffs. References to specific tariff terms and conditions are permitted provided that specific tariff sections are cited, an Internet web site address where the specific tariff section can be found is provided, and printed copies of the referenced tariff section are available on request at no charge. Formulae may be used to calculate rates or charges only where all necessary components are readily ascertainable by the consumer or subscriber.
(a) All written solicitations by carriers or their agents provided to consumers or subscribers shall be unambiguous and legible, and all key rates, terms and conditions must be in the equivalent of 10-point or larger type.
[Comment: Members of the public must be able to read and understand the essential elements of advertisements and offers directed at them, through whatever medium. The intent of this rule would be violated, e.g., in a newspaper advertisement or in a brochure by too-fine print which purports to convey details that a reasonable consumer would believe important to the offer, or by a lengthy qualifier message flashed briefly on a television screen even if the message were otherwise legible.]
(b) Any agreement or contract the consumer or subscriber may execute shall be a separate document from any marketing materials used to promote other products or services.
[Comment: Any service agreements or contracts must be unencumbered by materials, such as advertising, which may distract or obscure. Only the elements of the transaction belong in binding agreements. Agreements or contracts may, however, be accompanied by other materials provided they are easily distinguishable and separable, meet the requirements of Public Utilities Code Section 2890(b), and the accompanying materials do not misstate or purport to restrict or enlarge the rights or obligations of any party to the agreement or contract.]
(c) All terms of any agreement or contract shall be plainly stated in understandable language.
[Comment: Any service agreements or contracts presented to consumers must be as simple and understandable as possible to accommodate consumers with widely varying degrees of sophistication. Stating terms of an agreement or contract in language too complex or legalistic to be readily understood by most consumers would violate the intent of this rule.]
(d) Solicitations, including advertising and other marketing materials, shall include clear, conspicuous and accurate disclosure of the key rates, terms and conditions for each service offered in the solicitation. Solicitations shall be truthful and not misleading.
(1) A misleading advertisement is one that contains a misrepresentation or omission that is likely to mislead consumers about facts important to a consumer's decision to buy or use a product or service, including but not limited to the following: Information pertaining to the central characteristics of the product or service; all information pertaining to the cost of the product or service, including, e.g., minimum per-call charges and monthly fees; and geographic restrictions, time-of-use restrictions, and other limitations on the availability of an advertised rate.
(2) Where a solicitation inadvertently presents an incorrect rate, term or condition, the carrier must be proactive and timely correct the error as soon as it is discovered to avoid a presumption of having been deceptive. The correction effort should be commensurate with the solicitation's distribution. E.g., in a mass-market advertisement, the carrier would be expected to distribute promptly and publicly a correction designed to reach essentially the same target audience as the original solicitation; in a more narrowly-focused solicitation, the correction could be more focused.
(e) No telephone corporation, or any person, firm, or corporation representing a telephone corporation, shall make any change or authorize a different telephone corporation to make any change in the provider of any telephone service for which competition has been authorized of a telephone subscriber without the subscriber's authorization.
[Comment: All carriers must comply with applicable provisions of state and federal law, including Public Utilities Code Section 2889.5, when changing subscribers' service providers.]
(f) No carrier whose service has been cancelled at the subscriber's request shall re-establish service for that subscriber without a new subscriber authorization. Authorization may not be founded upon any term in an agreement for service that binds the subscriber to again take service from the carrier.
(g) Where a carrier has misrepresented its rates, terms or conditions for a product or service, or presented those rates, terms or conditions in a manner likely to mislead consumers, the carrier shall: (i) allow an affected subscriber to terminate without fee or penalty any agreement or contract for the product or service and be reimbursed for any service initiation charges or fees; and (ii) provide service credits or refunds, at the subscriber's option, equivalent to the difference between the actual rate, term or condition and that misrepresented, for the period of time until the consumer has been informed of the correct rate, term or condition; and (iii) allow the subscriber to enroll in another available plan if the subscriber chooses to do so.
[Comment: See Rules 2(d)(1) and 2(d)(2) for guidance as to what may constitute misleading or misrepresentation, and how these rules will be interpreted if the carrier claims its action was inadvertent.]
(a) Carriers may initiate or change service upon request (in any form) from a consumer or subscriber.
[Comment: Carriers must still comply with any applicable statutes or other legal requirements where they apply, e.g., the Section 2889.5 confirmation requirements when changing a competitive service from one provider to another.]
(b) Carriers shall provide consumers initiating service, including those adding additional lines to existing accounts, with the following information whenever applicable:
(1) Availability, eligibility requirements and discounts associated with the Universal Lifeline and Deaf and Disabled Trust Programs.
(2) Availability and effect of freezing the pre-subscribed carrier assigned to the account.
(3) Availability and effect of restricting toll calling.
(4) Availability and effect of deleting access to 900 and 976 pay-per-call telephone information services.
(5) Availability and effect of blocking options for pay per use features that do not require dialing an access code to activate.
(6) Availability and effect of blocking non-presubscribed carrier (e.g., third party) charges from being billed on the telephone bill.
(7) Availability and effect of Caller ID blocking options.
(8) Availability and rates of the least expensive service meeting the customer's needs.
(9) Any other information necessary to enable consumers to make informed choices among services and providers.
[Comments:
(1) The Commission's policy is to ensure that consumers have access to information needed to make timely and informed choices about basic service and ULTS. See D.96-10-066, Appendix B.
(2) The Commission deems the disclosures specifically required by subsections (1) through (8) to be necessary to enable consumers to make informed choices about their service options when initiating service. See Public Utilities Code § 2896(a). Depending upon the services available and other circumstances, additional disclosures not specifically listed in this rule may be necessary to make informed choices. Subsection (9) provides that all such disclosures, whether or not specifically enumerated, are required pursuant to Section 2896(a) and these rules.]
(c) For services offered on a tariffed basis, the carrier shall provide the subscriber a written confirmation of the order not later than seven days after it is accepted. The confirmation shall include the key rates, terms and conditions for each service ordered, and shall conform to the same requirements as set forth for service agreements, contracts and solicitations in Rules 2(a) through 2(d).
(d) For services offered on a non-tariffed basis, the carrier shall provide the subscriber with a written contract not later than seven days after the order is accepted. The contract shall include all applicable rates, terms and conditions for each service ordered. Key rates, terms and conditions shall be highlighted (e.g., printed in larger or contrasting type, underlined, bolded, enclosed within text boxes, or some combination of those or other methods), either in the contract or in an accompanying summary document. Contracts, and summary documents when used, shall conform to the same requirements as set forth for service agreements, contracts and solicitations in Rules 2(a) through 2(d). Ambiguities in any contract will be construed against the carrier.
[Comment: For Rules 3(c) and 3(d), rates, terms and conditions information must be sufficiently specific to enable subscribers to verify the accuracy of the charges on their bills.]
(e) Subscribers may cancel without fees, charges or penalties any new tariffed service or any contract for new non-tariffed service: (1) within 30 days after the carrier provides the written confirmation materials described in Rules 3(c) and 3(d), if the confirmation materials are provided to the subscriber in person at the point of sale; or (2) within 45 days after the confirmation materials are provided if they are not provided in person at the point of sale.
[Comments:
(1) Requiring a subscriber who cancels a service or contract before the term is completed to nonetheless pay the recurring charges for more than the remainder of the billing period, or for one or more months if the billing period exceeds one month, constitutes imposing a penalty.
(2) Rule 3(e) is not to be interpreted as relieving the subscriber from payment for any actual use made of the service before canceling, for any tariffed service connection fees, or for work done on the customer's premises (such as wiring or equipment installation) before the subscriber canceled and that would have been charged for had the subscriber not canceled.
(3) For purposes of Rules 3(c), 3(d) and 3(e), contracts and confirmation materials are considered provided when sent (e-mailed, mailed, faxed, etc.), or when given to the subscriber at the point of sale.]
(f) Charges for non-subscription pay per use features are not authorized unless the user knowingly and affirmatively activates the service by dialing or some other affirmative means. Remaining on the line, or failing to remain on-hook for a sufficient time, or any other ambiguous action, shall not in itself constitute authorization; an unambiguous, associated, affirmative action is required.
(g) For any service for which no record of affirmative subscriber authorization is available, all disputed charges are subject to a rebuttable presumption that the charges are unauthorized.
(h) A carrier may not deny service for failure to provide a social security number. Whenever a carrier requests a consumer's social security number, the carrier shall inform the consumer that providing it is optional and that failure to provide it is not cause for denying service.
(i) When a carrier denies an application for a telecommunications service subject to Commission jurisdiction, the carrier shall inform the applicant of the reasons within 10 days thereafter. The carrier's reasons shall be provided in writing unless the applicant agrees to accept a different form of notice.
(j) When establishing an installation or repair appointment for which the subscriber must be present, the carrier shall offer the subscriber a four-hour or shorter period during which it will arrive to commence work. If the installation or repair is not commenced within that period, the carrier offering the repair or installation service shall provide a $25 minimum credit to the subscriber unless the appointment was missed because (1) the carrier was denied access to the premises, (2) force majeure, or (3) the carrier cancelled or rescheduled the appointment no later than 5:00 p.m. two business days prior to the appointment. This credit is independent of any remedies available to the subscriber under Civil Code §1722(c) or elsewhere.
Rule 4: Prepaid Calling Cards and Services
The following standards and requirements for consumer disclosure and services shall apply to the advertising and sale of prepaid calling cards and prepaid calling services.
(a) Any advertisement of the price, rate, or unit value in connection with the sale of prepaid calling cards or services shall include a disclosure of any geographic limitation to the advertised price, rate, or unit value, as well as a disclosure of any additional surcharges, call setup charges, or fees or surcharges applicable to the advertised price, rate, or unit value.
(b) The following information shall be legibly printed on the card:
(1) The name of the carrier.
(2) A toll-free customer service number.
(3) A toll-free network access number, if required to access service.
(4) The authorization code, if required to access service.
(5) The expiration date or policy, if applicable, except where Rule 4(h) applies.
(c) The carrier shall print legibly on the card or packaging, and the carrier shall require that the vendor shall make available clearly and conspicuously in a prominent area immediately proximate to the point of sale of the prepaid calling card or prepaid calling services the following information:
(1) The value of the card and any surcharges, taxes, or fees, including monthly or other periodic fees, maintenance fees, per-call access fees, surcharges for calls made on pay telephones, or surcharges for the first minute or other period of use that may be applicable to the use of the prepaid calling card or prepaid calling services within the United States.
(2) Any surcharges for international calls or, in lieu of disclosing each surcharge, the highest surcharge for any international calls applicable on that card and any additional or different prices, rates, or unit values applicable to international usage of the prepaid calling card or prepaid calling services.
(3) The minimum charge per call, such as a three-minute minimum charge, if any.
(4) The definition of the term "unit," if applicable.
(5) The billing decrement.
(6) The name of the carrier.
(7) The recharge policy, if any.
(8) The refund policy, if any.
(9) The expiration policy, if any.
(10) The 24-hour customer service toll-free telephone number required in Rule 4(f).
(d) If a language other than English is used on the card or packaging to provide dialing instructions to place a call or to contact customer service, the information required by Rule 4(c) shall also be disclosed in that language in the point of sale disclosure in the manner described in Rule 4(c).
(e) If a language other than English is used in the advertising or promotion of the card or prepaid calling services or is used on the card or packaging other than for dialing instructions, the information required by Rule 4(c) shall also be disclosed in that language on the card or packaging and in the point of sale disclosure in the manner described in Rule 4(c).
(f) A carrier shall establish and maintain a toll-free customer service telephone number that shall meet the following requirements:
(1) A live operator shall answer incoming calls to the telephone number 24 hours a day, seven days a week.
A carrier offering prepaid cellular telephone services shall be deemed to be in compliance with the requirements of Rule 4(f)(1) for those services if, when a request for information related to those services is made outside of normal business hours, that carrier provides the information requested on the next business day.
(2) The telephone number shall have sufficient capacity and staffing to accommodate a reasonably anticipated number of calls without incurring a busy signal or undue wait. The carrier shall provide customer service in each language used on a prepaid calling card or its packaging and in the advertising or promotion of the prepaid calling card or prepaid calling services.
(3) The telephone number shall allow consumers to lodge complaints and obtain information on all of the following:
(A) All rates, surcharges, and fees.
(B) The carrier's recharge, refund, and expiration policies.
(C) The balance of use available in the consumer's account, if applicable.
(4) A carrier shall not impose a fee or surcharge related to obtaining customer service, including any charge related to connecting with the customer service number or waiting to speak to a live operator.
(g) A carrier that issues prepaid calling cards or prepaid calling services shall provide a refund to any purchaser of a prepaid calling card or prepaid calling services if the network services associated with that card or services fail to operate in a commercially reasonable manner. The refund shall be in an amount not less than the value remaining on the card or in the form of a replacement card, and shall be provided to the consumer within 60 days from the date of receipt of notification from the consumer that the card has failed to operate in a commercially reasonable manner.
(h) Cards without a specific expiration date or policy printed on the card, and with a balance of service remaining, shall be considered active for a minimum of one year from the date of purchase, or if recharged, from the date of the last recharge.
(i) In the case of prepaid calling cards or services utilized at a pay phone, the carrier may provide voice prompt notification of any applicable pay phone surcharges, in lieu of providing notice of surcharges as required by Rule 4(a) and by Rule 4(c)(1), provided that the carrier provides users of prepaid calling cards or services with reasonable time to terminate the call after notification of applicable pay phone surcharges without incurring any charge for the call.
(j) A carrier shall maintain access numbers with sufficient capacity to accommodate a reasonably anticipated number of calls without incurring a busy signal or undue delay.
(k) A carrier may not impose any fee or surcharge that is not disclosed as required by this section or that exceeds the amount disclosed by the carrier.
(l) A carrier may not impose any charges if the consumer is not connected to the number called. For the purpose of this paragraph, the customer shall not be considered connected to the number called if the customer receives a busy signal or the call is unanswered.
(m) The value of the card and the amount of the various charges, however denominated, that are required to be disclosed by Rule 4(c), shall be expressed in the same format. If the value of a card is expressed in minutes, the minutes shall be identified as domestic or international and the identification shall be printed on the same line or next line as the value of the card in minutes.
(a) A carrier may require a deposit to establish or re-establish service if and only if an applicant for service is unable to demonstrate acceptable credit to the satisfaction of the carrier. Failure to provide a social security number shall not be cause for requiring a deposit. A carrier may not require for its own benefit a deposit for services provided by another carrier, or refuse to accept a deposit in lieu of demonstrating satisfactory credit.
(b) A deposit to establish or re-establish basic service may not exceed twice the estimated or typical monthly bill for recurring and usage charges for basic service. A carrier may require an additional deposit for services it provides other than basic service.
(c) Deposits shall earn not less than 5% simple annual interest on the monthly unused balance.
(d) Carriers shall refund deposit amounts associated with basic service, with interest, after one continuous year of timely payments for basic service, and not later than 30 days after basic service is discontinued. Carriers shall refund deposits associated with other services not later than 120 days after service is discontinued.
(a) Telephone bills shall be clearly organized and may only contain charges for products and services the purchase of which the subscriber has authorized. Charges for non-communications-related products and services may be included in a telephone bill, or in the same envelope as a telephone bill, only if they meet the requirements of Part 3, Rules Governing Billing for Non-communications-Related Charges, of this General Order.
(b) The name of the service provider associated with each charge must be clearly and conspicuously identified on the telephone bill. Certificated carriers shall use the name that appears on their Certificate of Public Convenience and Necessity, or any fictitious business names that are properly registered pursuant to Business and Professions Code §§ 17900 et seq. and registered with the Commission's Telecommunications Division. Abbreviations may be used so long as there is sufficient information to make it abundantly clear to the subscriber and Commission staff who the service provider is. For carriers not certificated by the Commission, the bill shall include the name under which the carrier is certificated by the FCC, if applicable, or the carrier's legal name as registered with the California Secretary of State.
[Comment: These naming requirements were established by D.00-03-020 as modified by D.00-11-015. Carriers that provide service under a trade name that differs from the name required by this rule are free to place that trade name on the bill in addition to, but not instead of, the name required by this rule.]
(c) Where charges for two or more carriers appear on the same telephone bill, the charges must be separated by service provider.
(d) Telephone bills shall clearly and conspicuously identify any change in service provider, including identification of charges from any new service provider, and new recurring charges from current service providers. For purposes of this rule, "new service provider" means a service provider that did not bill a subscriber for that service during the service provider's previous billing cycle. This definition shall include only providers that have continuing relationships with the subscriber that will result in periodic charges on the subscriber's bill until the service is canceled.
(e) Any carrier or billing agent that charges subscribers for products or services on a telephone bill shall include, or cause to be included, in the telephone bill the amount being charged for each product or service, including any taxes or surcharges, and a clear and concise description of the service, product, or other offering for which a charge has been imposed. The description must be sufficiently clear in presentation and specific in content so that customers can accurately assess that the services for which they are billed correspond to those that they have requested and received, and that the costs assessed for those services conform to their understanding of the price charged.
(f) Where a telephone bill contains both charges for basic residential or single line business service and other charges, the bill must distinguish between charges for which non-payment will result in disconnection of basic residential or single line business service, and charges for which non-payment will not result in such disconnection. The carrier must explain this distinction to the subscriber, and must clearly and conspicuously identify on the bill those charges for which nonpayment will not result in disconnection of basic residential or single line business service.
(g) All government-mandated taxes and fees required to be collected from subscribers shall be listed in a separate section of the telephone bill entitled "Taxes," and all such charges shall be separately itemized. This section of the bill shall not include any charges which the carrier has discretion to recover or not recover from subscribers. Discretionary charges currently include, e.g., the End User Common Line Charge (EUCL). Carriers shall not label or describe charges in any other section of the bill in a way that could mislead subscribers to believe those charges are other than elective for the carrier to collect.
(h) Telephone bills shall, at a minimum, contain the following information: (1) billing carrier's name, consistent with Rule 6(b) above; (2) period of service covered by the bill (excluding services for which backbilling is permitted); (3) payment due date; (4) late payment charge (if applicable) and date after which it may be applied; (5) how to pay; and, (6) the carrier's toll-free number for billing inquiries and disputes, along with a postal address, or an e-mail address if the subscriber has agreed to communicate via electronic media, where the subscriber may send a billing inquiry or complaint in writing.
(i) Where the subscriber has arranged with the carrier to access the telephone bill only by e-mail or the Internet rather than by regular mail, the provisions of this Rule 6 shall apply to the bill so presented. In that case, the carrier shall in addition provide e-mail or web site addresses for billing inquiries and complaints.
(j) Carriers that allow non-presubscribed carriers to place charges on subscribers' bills shall provide subscribers the option of blocking such charges, except for services offered on a dial-around, billed to third-party, or collect call basis.
(k) In addition to the billing requirements above, each bill shall include the following statement:
If you have a billing or service question, or a complaint, you should contact us to try to resolve the matter. If we are not able to resolve it to your satisfaction, you may write or call:
California Public Utilities Commission
Consumer Affairs Branch, Room 2003
505 Van Ness Avenue
San Francisco, CA 94102
Toll-Free: 1-800-649-7570 or
TDD 1-800-229-6846E-mail: consumer-affairs@cpuc.ca.gov
If your complaint concerns interstate* or international calling, you should contact the Federal Communications Commission at:
Federal Communications Commission
Mail Stop 1600 A2
Washington, D.C. 20554
* The California Public Utilities Commission handles complaints of both interstate and intrastate unauthorized carrier changes ("slamming") at its address above.
The California Public Utilities Commission requires all telecommunications carriers to follow certain consumer protection rules. Your rights and those rules are available on the Commission's web site, linked from www.cpuc.ca.gov.
[Comment: The contact information in this billing statement was current as of the date the General Order was issued. CAB may by letter direct carriers to update or revise this contact information as necessary.]
(a) A carrier shall credit payments effective the business day payments are received by the carrier or its agent. The date after which a bill is considered overdue and delinquent, and after which late charges may accrue, shall not be earlier than 22 days after the date the bill was mailed. Any authorized late-payment penalty may not exceed 1.5% per month on the balance overdue, and no late-payment penalty may be applied to overdue balances of less than $20. Subscribers shall not be liable for late payment charges on disputed amounts that are resolved in the subscriber's favor.
(b) A bill shall not include any previously unbilled charge for intrastate service furnished prior to three months immediately preceding the date of the bill, four months in the case of wireless roaming charges on a system other than the subscriber's home system, and five months for collect, third-party, and calling card calls. This limitation on backbilling does not apply in cases involving subscriber fraud.
(c) Carriers shall prorate charges for basic service for partial months. A 30-day month may be used for prorating in lieu of calendar days.
(d) Bills must be based on the rates in effect at the time the service was used. Any delays or lags in billing must not result in a higher total charge (other than for taxes, and surcharges and fees that are based on a percentage of the bill) than if the usage had been posted to the account in the same billing cycle in which the service was used.
(a) A carrier shall notify all affected subscribers at least 25 days in advance of every proposed change in its subscribers' tariffed services that may result in higher rates or charges or more restrictive terms or conditions. The subscriber notice shall describe the current and proposed rates, terms or conditions, as appropriate. Where required by D.02-01-038 (or General Order 96-B, when issued), the notice must also describe the reason for the proposed change to a rate or charge and state the impact of the change in dollar and percentage terms.
[Comment: Rule 8(a) applies only to the carrier's rates (as defined), terms and conditions, and thus excludes taxes or surcharges for which the carrier has no discretion over the amount to charge the consumer.]
(b) A carrier may not make any material change in a written contract that may result in higher rates or charges or more restrictive terms or conditions unless the change is also communicated to the subscriber in writing and the carrier obtains the subscriber's informed consent to the change. Absent such consent, the subscriber may chose to continue the service under the unchanged provisions for the life of the contract.
[Comment: Rule 8(b) does not apply to subscriber-initiated changes. It does not prohibit carriers from making unilateral changes to contracts where the changes result in lower rates or charges and/or less restrictive terms or conditions. It does not prohibit carriers from communicating notice of a change, or receiving confirmation of subscriber acceptance of a change, through electronic media - See Definitions for "Written; In Writing.]
(c) A carrier shall notify each affected subscriber at least 30 days in advance whenever it requests Commission approval for a transfer of subscribers, as defined. The notice shall follow the requirements where applicable of General Order 96-Series and/or Public Utilities Code § 2889.3; describe the proposed transfer in straightforward terms; explain that the transfer is subject to Commission approval; identify the transferee; describe any changes in rates, charges, terms, or conditions of service; state that subscribers have the right to select another utility; and provide a toll-free customer service telephone number for responding to subscribers' questions. Subscriber notices of transfers requested by application shall also comply with the Rules of Practice and Procedure and any rulings of the presiding officer during the course of the formal Commission proceeding.
In subscriber notices of transfers, certificated carriers shall use the name that appears on their Certificate of Public Convenience and Necessity, and any fictitious business names under which the service is offered, which business names shall be registered pursuant to Business and Professions Code §§ 17900 et seq. and with the Commission's Telecommunications Division. Abbreviations may be used so long as there is sufficient information to make it abundantly clear to the subscriber and Commission staff who the service provider is.
(d) A carrier shall notify each affected subscriber at least 25 days in advance of every request to the Commission to withdraw service. The notice must describe the proposed withdrawal and proposed effective date, state that subscribers have the right to choose another utility, and provide the carrier's toll-free customer service telephone number for responding to subscribers' questions. If the service to be withdrawn is basic service (as defined in these rules), the carrier must also: explain in the notice that the withdrawal is contingent on Commission approval; arrange with the default carrier(s) for continuity of service to affected subscribers who fail to choose another utility and describe in the notice those arrangements and the subscribers' right to receive basic service from the underlying carrier or carrier of last resort; and provide the default carrier's name and toll-free number.
(e) Notices required in these Rules shall be in writing by one or a combination of bill inserts, notices printed on bills, or separate notices sent by first class mail. In each case, an electronic notice may be substituted where the subscriber has agreed to receive notice in that manner. Notice by first class mail is complete when the document is deposited in the mail; and electronic notice is complete upon successful transmission (as defined in Cal. Civil Code § 1633.15(b)). Every notice in whatever form shall be legible and the equivalent of 10-point or larger type.
(a) Carriers shall provide notices in writing to subscribers whose payments are overdue not less than 7 calendar days prior to terminating service for nonpayment. Each termination notice shall include all of the following:
(1) Carrier's name, following the same designation guideline used in Rule 6(b) above.
(2) The name and address of the subscriber, and the telephone number(s) associated with the delinquent account.
(3) Information sufficient for the subscriber to identify what service(s) are to be terminated, and the delinquent amount(s). If basic service is to be disconnected, the notice shall state the minimum amount that must be paid to retain basic service.
(4) The date by which payment, or arrangement for payment, must be made to avoid termination.
(5) A toll-free telephone number to reach a carrier service representative who can provide subscriber assistance. The toll-free number must be staffed to meet the same standard as described in Rule 1(e)(1).
(6) The telephone number of the Commission's Consumer Affairs Branch where the subscriber may direct inquiries.
Rule 9(a) and Rule 11(b) do not apply to termination of non-tariffed service for having reached either: (1) a usage or spending limit, prepaid or otherwise, that was arranged with the subscriber in advance; or (2) the end of a prepaid period of service known to and anticipated by the subscriber in advance.
(b) Basic exchange service may not be disconnected on any day carrier service representatives are not available to assist subscribers.
(c) The notice and disconnection requirements of Rule 9 and Rule 11(b) do not apply where the subscriber's acts or omissions demonstrate an intention to defraud the carrier, or threaten the integrity or security of the carrier's operations or facilities.
(d) Carriers of last resort may not disconnect basic residential or single line business service, either flat rate or measured rate, as defined in D.96-10-066, Appendix B, page 5, for nonpayment of any charge other than non-recurring or recurring charges for that same service, including mandated surcharges and taxes calculated on that service. Mandated surcharges do not include charges that are elective for the carrier to recover.
(e) Any payment made by a subscriber shall be applied first against the balance due on that subscriber's basic service unless the subscriber directs otherwise.
(f) Where a subscriber is offered and agrees to an alternative payment plan, the carrier must provide confirmation of the terms in writing if the subscriber so requests.
(g) Every carrier shall comply with the rules adopted by the Commission in D.91188 regarding service denial or disconnection for use of telecommunications service in violation of the law.
(a) In the case of a billing dispute between a subscriber and a carrier, the carrier shall investigate the charge(s) the subscriber has informed the carrier are in question, and shall reach a determination and communicate it to the subscriber within 30 days. While the investigation is pending, no late charges or penalties may be applied, the charge may not be sent to collection, and no adverse credit report may be made based on non-payment of the charge.
(b) A carrier may not disconnect service to a subscriber before seven calendar days after the date the carrier notifies the subscriber in writing of the results of its investigation. In no event shall the carrier disconnect service prior to the due date shown on the bill.
[Comment: See Rules 9(a) and 9(c) for exceptions.]
(c) A carrier may not disconnect service to a subscriber for nonpayment if the subscriber has: (a) submitted a claim to CAB for informal review; (b) deposited the disputed amount with the Commission: and (c) either paid the undisputed amount to the carrier or deposited it with the Commission. While CAB's review is pending, no late charges or penalties may be applied, the charge may not be sent to collection, and no adverse credit report may be made based on non-payment of the charge.
[Comment: The rules in Part 3 supersede Rules 11(a), 11(b), and 11(c) when the dispute involves billings for non-communications related charges.]
(d) A carrier shall not provide, as a term or condition of service, for a choice of law other than that of California, for a forum for the adjudication of disputes located in a county other than the California county in which the subscriber is billed or which is the subscriber's primary place of use of the service, or for any limitation of the right of subscribers to bring complaints to the commission or any other agency. Carriers shall not hold subscribers liable for carrier costs resulting from complaints before the Commission, arbitrators, the courts or another agency.
The primary purpose of Rule 12 is to protect the privacy and free speech rights of individuals, as subscribers and as users of telecommunications networks. These rights, which are protected by Article I, Section 1 and Article 1, Section 2(a) of the California Constitution, the First Amendment to the U.S. Constitution and state and federal law, include the right to engage in private communications over the telephone networks, and the right to exercise control over the collection, use, and disclosure of personally identifiable non-public subscriber information that carriers may collect or develop by virtue of the carrier-subscriber relationship (see definition of confidential subscriber information). A secondary purpose is to prevent the use of confidential subscriber information in ways that are anti-competitive.
[Comment: Cross references to other federal and state statutes that protect privacy interests of telephone consumers (e.g., the Telephone Consumer Protection Act) are provided for information purposes in the form of comments to the rules.]
(a) Accountability: Every carrier is responsible for the appropriate handling of confidential subscriber information under its control, consistent with applicable state and federal law and this rule. Every carrier shall designate an individual or individuals who are accountable for the carrier's compliance with this Rule 12. Carriers shall provide contact information for these designated individuals to Commission staff upon request.
(b) Identifying Purpose(s): When collecting confidential subscriber information and obtaining customer consent to use it for a purpose other than the provision of, or billing for, service requested by the customer, carriers shall clearly identify the purpose(s) for which that information is collected, and shall note and retain that information in their records for each subscriber for as long as the carrier-subscriber relationship continues.
(c) Subscriber Consent: If a carrier wishes to use confidential subscriber
information for a purpose other than the provision of, or billing for service, (e.g., to market a different type of service or other products unrelated to the type of service the carrier already provides that subscriber), the carrier must first obtain the customer's consent, in writing. Provided that carriers may use a subscriber's confidential information to market to that subscriber additional products related to the type(s) of service the carrier is providing to that subscriber, without the subscriber's express consent, unless the subscriber has indicated that he or she does not wish to receive solicitations about additional products.
(d) Release to Third Parties: Except as provided in subsection (d)(1), carriers shall collect, use, and disclose to third parties confidential subscriber information only with the knowledge and prior affirmative written consent of the subscriber, and only for the purpose(s) agreed to by the subscriber. "Third party" includes any person not employed by the carrier and any other corporation, including an affiliate of the carrier.
(1) Information necessary to provide service: Carriers may disclose subscribers' confidential information to affiliates or to other third parties without the affirmative consent of the subscriber, to the extent necessary to initiate, render, bill and collect for the type(s) of service that the carrier is providing to that subscriber.
(2) Whenever a carrier discloses confidential subscriber information to a third party pursuant to subsection (d), it must clearly identify the purpose of the disclosure and require the recipient of the confidential information not to use it for any other purpose, not to retain it any longer than necessary to accomplish that purpose, and to take appropriate precautions to prevent unauthorized use or disclosure. Carriers are responsible for monitoring the recipient's compliance with these requirements, and for taking appropriate corrective action promptly if a carrier learns that such a recipient has failed to safeguard that information as required by this Rule 12.
(e) The written consent requirement does not apply to the following categories of information: information provided by residential subscribers for inclusion in a subscriber directory; information customarily provided through directory assistance services; postal ZIP Code information; information provided under the supervision of the Commission to a collection agency by a telephone corporation exclusively for the collection of unpaid debts; information provided to an emergency service agency responding to a 911 telephone call or any other call communicating an imminent threat to life or property; information provided to a law enforcement agency in response to lawful process; information required by the Commission pursuant to its jurisdiction over telephone corporations; information transmitted between telephone corporations in order to provide telephone service between service areas; information required to be provided pursuant to rules and orders of the Commission or the FCC regarding the provision of services over the telephone lines by parties other than the telephone corporation; and the name and address of lifeline customers provided for the sole purpose of low-income ratepayer assistance outreach efforts. See Public Utilities Code § 2891(d).
[Comments:
(1) Written consent: The subscriber's written consent (and the required privacy rights notice (see Rule 12(f), below)) may be delivered electronically, provided the relevant requirements set forth in these rules, and in the federal E-Sign Act (15 U.S.C. § 7001 et seq.) and/or the California Uniform Electronic Transactions Act (Civil Code § 1633.1 et seq.), if applicable, are satisfied. See definitions of "written" and "in writing" in Part 2 of this General Order.
(2) Information provided in response to lawful process. This rule is not intended to either limit or expand the rights or obligations by which law enforcement agencies may lawfully obtain information under Public Utilities Code § 2891, Code of Civil Procedure §§ 1985.3(c) and (f) or any other lawful authority.]
(f) Required Notice of Privacy Rights: Whenever a carrier seeks to collect confidential subscriber information or to obtain a subscriber's consent to use or disclose that information, the carrier must first provide the subscriber, in a clear, accurate, and non-misleading manner, sufficient information to enable the subscriber to make an informed decision about whether to provide the information requested and/or whether to give consent to its use or disclosure. This information must be provided in writing, although this rule does not preclude carriers from communicating this information and obtaining consent orally, at the time of service initiation by telephone, in addition to the required written notice.
(1) The privacy notice shall include:
(A) A clear explanation of the purpose(s) for which the subscriber's
confidential subscriber information may be used and to whom it may be disclosed.
(B) Notice that the subscriber has a right, and the carrier a duty, under federal and state law, to protect the confidentiality of subscriber information, including calling patterns, choice of services, credit history, and financial and demographic information as defined in California Public Utilities Code § 2891.
(C) A clear explanation of the subscriber's right to access the confidential subscriber information under the carrier's control, pursuant to these rules, and to request that the carrier update and correct that information.
(D) Notice that the carrier must obtain the customer's affirmative written consent to use the information for any purpose other than to provide, or bill for, the service requested by the customers and marketing related products or services by the carrier. The notice must inform the subscriber of the right to opt-in to use of confidential subscriber information for marketing related services.
(E) Notice that the subscriber may deny or withdraw such consent
to allow the carrier to use or disclose the subscriber's confidential information at any time.
(F) An explanation of what steps, if any, the subscriber must take in order to exercise these rights.
(2) Written confirmations of orders for service offered on a tariffed basis and contracts for non-tariffed services shall include a privacy notice.
Any statements, oral or written, made by carriers to subscribers about whether the withholding of consent to the collection, use or disclosure of confidential subscriber information will affect the provision of service to a subscriber must be truthful and not misleading.
Written notices of privacy rights must be clear and conspicuous. If accompanied by a solicitation for the subscriber's consent, the notice of rights must be clearly and conspicuously placed so that it is noticeable to a person reading the consent form.
(g) Limiting Collection: Carriers shall limit the collection of confidential subscriber information to that which is necessary for the purposes specified at the time of collection. Information shall be collected by fair and lawful means.
(h) Limiting Use, Disclosure, and Retention: Carriers may use and disclose confidential subscriber information only for the purposes for which it was collected, except with the written consent of the subscriber or as expressly permitted by law. Confidential subscriber information shall be retained only for as long as necessary for the fulfillment of those purposes.
[Comment: On the destruction of customer records no longer to be retained, see Title 1.81 (§§ 1798.80-1798.82) of the Information Practices Act of 1977. Title 1.81, which is applicable to customer records of private businesses, was added by Stats. 2000, ch. 1039 (AB 2246, § 1).]
(i) Accuracy: Carriers shall make reasonable efforts to ensure that the confidential subscriber information under their control is as accurate and up-to-date as is necessary for the purposes for which it is to be used.
(j) Safeguards: In order to prevent unauthorized use, disclosure, or alteration of confidential subscriber information, carriers shall protect it by appropriate safeguards.
(k) Subscriber Access: Upon request, carriers shall disclose to a subscriber what confidential information the carrier has about that subscriber and shall provide an opportunity to update the information and to challenge any inaccuracies. Carriers shall make reasonable efforts to correct inaccuracies brought to their attention. Upon request, carriers shall also disclose to the subscriber how that subscriber's confidential information has been used and to whom it has been disclosed. Provided a carrier attempts to comply with this provision in good faith, a carrier may refuse to process unreasonably repetitive requests from the same individual.
Upon a subscriber's request, carriers shall remove a subscriber's social security number from the subscriber's customer records.
(j) Carriers offering new and upgraded telecommunications services shall fully inform affected consumers of any and all privacy implications of such practices.
Services with privacy implications are those services which, when subscribed to or used, reveal or disseminate, or have the potential to reveal or disseminate, confidential subscriber information or a subscriber's name, address or telephone number.
(m) Blocking: Subscribers shall be given the opportunity to block on a per-call or per-line basis, at the subscriber's option, those services that have a privacy implication.
(n) Right to be Removed from Sales Solicitation Lists: Carriers shall comply with subscriber requests to be removed from sales solicitation lists maintained by carriers and/or their agents and affiliates.
[Comment: The Telephone Consumer Protection Act, 47 U.S.C. § 227 (see also 47 C.F.R. 64.1200) requires telemarketers to comply with consumers' request to be removed from marketing lists and be placed on a "do not call" list, as does the recently enacted California "do not call" law, SB 771 (adding Business and Professions Code §§ 17590-17595).]
(o) Compliance with Privacy Laws: Carriers shall comply with Public Utilities Code §§ 761.5 (Centralized Credit Check Services), 2872-2875 (Automatic Dialing Devices), 2891-2894.10 (Customer Right of Privacy), 47 U.S.C. § 222, and all other applicable state and federal statutes and regulations pertaining to the confidentiality of telephone communications and to the collection, use, disclosure and retention of confidential subscriber information as they may be amended from time to time.
(p) Compliance with Commission Decisions: Carriers shall comply with D.97-01-042, which sets forth rules relating to subscriber directory listing and access to directory listing information, and with the rules set forth in D.92860 and D.93361, Appendix A, Nonpublished Service, and Appendix B, Release of Credit Information and Calling Records, as modified, which address the release of nonpublished information, calling records and credit information of all subscribers.
(q) Compliance with Prior Commission Decisions regarding Subscriber Directory Listing: Carriers shall comply with D.92860, as modified by D.93361, Appendix A, Nonpublished Service, and Appendix B, Release of Credit Information and Calling Records, as modified, which address the release of nonpublished information, calling records and credit information of all subscribers; and with D.97-01-042, which sets forth rules relating to subscriber directory listing and access to directory listing information.
(a) Every carrier 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 shall provide to Consumer Affairs Branch and at all times keep current its list of representative names, telephone numbers and business addresses.
(b) Every carrier 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 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.
All carriers providing end-user access to the public switched telephone network shall, to the extent permitted by existing technology or facilities, 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.
