GENERAL ORDER NO. 168

PUBLIC UTILITIES COMMISSION OF THE

STATE OF CALIFORNIA

Rules Governing Telecommunications Consumer Protection

Adopted May 27, 2004; Effective May 27, 2004

(Decision 04-05-057 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 2

PART 2 - Consumer Protection Rules 3

A. Applicability 3

B. Definitions 4

C. Rules 8

Rule 1: Carrier Disclosure 8

Rule 2: Marketing Practices 11

Rule 3: Service Initiation and Changes 12

Rule 4: Prepaid Calling Cards and Services 15

Rule 5: Deposits to Establish or Re-establish Service 18

Rule 6: Billing 18

Rule 7: Late-Payment Penalties, Backbilling, and Prorating 21

Rule 8: Tariff Changes, Contract Changes, Transfers, Withdrawals & Notices 22

Rule 9: Service Termination 23

Rule 10: [Reserved] 25

Rule 11: Billing Disputes 25

Rule 12: [Reserved] 26

Rule 13: Consumer Affairs Branch Requests for Information 26

Rule 14: Employee Identification 26

Rule 15: Emergency 911 Service 27

PART 4 - Rules Governing Billing for Non-Communications-Related Charges 27

A. Scope and Purpose 27

B. Definitions 28

C. Authorization Requirements 33

D. Revocation of Opt-in Authorization 35

E. Billing Telephone Companies' Obligations to Screen and Monitor Entities for Whom They Bill 36

F. No Disconnection of Basic Telephone Service for Nonpayment of Non-Communications Charges 37

G. Complaint Procedures 38

H. Bill Format 41

I. Confidential Subscriber Information 42

J. Penalties 42

PART 5 - Rules Governing Slamming Complaints 43

A. Purpose and Scope 43

B. Definitions 44

C. Authorization and Verification of Orders for Telecommunications Services 45

D. Carrier Liability for Slamming 45

E. Procedures for Resolution of Unauthorized Changes in Preferred Carrier 46

F. Absolution Procedure Where the Subscriber Has Not Paid Charges 46

G. Reimbursement Procedures Where the Subscriber Has Paid Charges 48

H. Informal Complaints 49

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:

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.]