GENERAL ORDER NO. 168

PUBLIC UTILITIES COMMISSION OF THE

STATE OF CALIFORNIA

Rules Governing Telecommunications Consumer Protection

Adopted ____________; Effective ____________

(Decision _________ in Rulemaking 00-02-004)

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

The Executive Director of the California Public Utilities Commission is directed to modify rules contained in this General Order to appropriately reflect any change in Commission rule or order.

TABLE OF CONTENTS

PART 1 - Bill of Rights 1

PART 2 - Consumer Protection Rules 2

A. APPLICABILITY 2

B. RULES 2

Rule 1: Disclosure Requirements including Non-English Language
Specifications 2

Rule 2: Marketing Practices 3

Rule 3: Service Initiation and Changes 3

Rule 4: Prepaid Calling Cards and Services 5

Rule 5: Billing 7

Rule 6: Tariff Changes, Contract Changes, Withdrawals and Notices 10

Rule 7: Service Termination 10

Rule 8: Billing Disputes 11

Rule 9: Employee Identification 12

Rule 10: Emergency 911 Service 13

C. DEFINITIONS 13

PART 3 - Rules Governing Billing for Non-Communications-Related Charges 16

A. Scope and Purpose 16

B. Definitions 17

C. Authorization Requirements 21

D. Revocation of Opt-in Authorization 23

E. Billing Telephone Companies' Obligations to Screen and Monitor Entities for Whom They Bill 24

F. No Disconnection of Basic Telephone Service for Nonpayment of Non-Communications Charges 26

G. Complaint Procedures 26

H. Bill Format 29

I. Confidential Subscriber Information 30

J. Penalties 31

PART 4 - Rules Governing Slamming Complaints 31

A. Purpose and Scope 31

B. Definitions 32

C. Authorization and Verification of Orders for Telecommunications Services 33

D. Carrier Liability for Slamming 33

E. Procedures for Resolution of Unauthorized Changes in Preferred Carrier 34

F. Absolution Procedure Where the Subscriber Has Not Paid Charges 35

G. Reimbursement Procedures Where the Subscriber Has Paid Charges 36

H. Informal Complaints 38

PART 1 - Bill of Rights

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

Choice: Every consumer has a right to select their services and vendors, and to have those choices respected by the industry.

Non-Discrimination: Every consumer has the right to receive products and services free of prejudice or disadvantage.

Safety: Every consumer has a right to safety and security of their persons and property, including the ability to receive clear and complete information about access to 911 emergency services.

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

Disclosure: Every consumer has the 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.

Accurate Bills: Every consumer has the right to accurate and understandable bills for products and services they authorized.

Public Participation: Every consumer has the right to participate in public policy proceedings and to be informed of their rights and protections.

[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.]