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Filing Package Requirements
Submit Original plus 3 copies of Complete Package AND
Check (see 4a or 4b below)
1. A telecommunication services supplier must
file a Statement of Business Operations ("SBO"), including the following
information in a question – answer format.
a. Corporate name, complete address, telephone/fax numbers, e-mail
address
b. Local Company name, complete address, telephone/fax numbers, e-mail
address
c. Business locations.
d. Service agent, complete address, telephone/fax numbers, e-mail address
e. Attorney of record, complete address, telephone/fax numbers, e-mail
address
f. Corporate officers and major stockholders or partners holding a ten
percent or greater equity interest.
g. General description of operations.
h. Description, in detail, of the customer service organization to be
employed in serving carriers and end users.
i. Customer service contact, complete address, telephone/fax numbers,
e-mail address
j. Regulatory contact person, complete address, telephone/fax numbers,
e-mail address
k. Company web site URL, if available.
2. Provide evidence,
in exhibit form, of authorization from the Rhode Island Secretary of State,
100 North Main Street, Providence, RI 02903 (401-222-2357), to do business in
Rhode Island. Any filing not including this requirement will be put on hold
until the documentation is received or the filing package will be return for
deficiencies.And supply the “d/b/a name form” from the Secretary
of State if using a fictitious name within the state. (see requirements below
for this procedure)
3. All telecommunication service supplier applicants
must file latest company's stated financial position.
4.a. Only the CLEC (Class I) may file tariffs
at a later date; 30 days before commencing operations in the state. Filing
must include a check in the amount of $300.00, made payable to "State
of Rhode Island".
4.b. All non CLEC (Class II, III, IV,V VI)
telecommunication service suppliers filing must include tariffs leaving the
effective date BLANK. Filing must also include a check in the amount
of $250.00, made payable to "State of Rhode Island”.
The Division of Public Utilities
and Carriers will review the Statement of Business Organization ("SBO")
and make a recommendation to the Public Utilities Commission as to whether the
telecommunication service supplier should be authorized to provide service in
Rhode Island. NO service may be rendered unless and until the Commission has
approved the company's tariffs, usually processed within 30 days
from docketing date.
A telecommunication service
supplier authorized to provide intrastate service shall file tariffs pursuant
to Rhode Island General Laws, Section 39-3-11. However, the Commission will
exercise its authority pursuant to Section 39-3-12 to modify certain of the
tariff filing requirements. The Commission's rules of practice and procedure
requires the filing of minimal supporting documentation and permits tariffs
to go into effect thirty days after notice in the absence of a suspension
order.
The telecommunication service
supplier with intrastate operating authority shall make annual filings with
the Division of Public Utilities as follows:
a. If there are any changes
to the SBO, the SBO should be amended annually as of June 30 of each year or
before if changes are made, but in no event not later than June 30th
of each year.
b. Thirty days following the close of a Competitive
Access Provider only, CAP's (Class I) fiscal year, a filing shall be made disclosing
the number of lines in service and the revenues derived therefrom.
c. Once audited figures are available on the
information filed pursuant to (b), the CAP shall supplemented their prior report, (if
figures and amounts are different from original filing in b above.)
d. BEFORE July 1st, and every year thereafter,
a check for the annual fee in the highest class of services offered ie. Class
1, 2 ,3…., should be issued to the "State of Rhode Island "
along with the Annual Reporting requirements listed above. (See REGULATIONS
AND FEE SCHEDULES FOR TELECOMMUNICATIONS PROVIDERS - 4. ANNUAL FEES)
(special notation –
An invoice will be sent May/June time period for the annual filing fee, with
a printout of selected information about the telecommunication service supplier,
this form should be updated and returned as soon as possible.The payment can
be processed separately and forwarded to the Commission.)
Mail to, Rhode Island Public Utilities Commission,
89 Jefferson Blvd., Warwick, RI 02888.
Failure to remit the annual fee by August
1st, will result in suspension of operating authority. After September, any
provider whose operating authority has been revoked may reapply by filing
an original application with appropriate fees.
Special Notice - Resellers can
Resell “Local Exchange Services”
At an open meeting held July
29, 1997, the Commission reviewed a Request for Clarification from the Division
of Public Utilities. The Division asked whether registered carriers that are
Competitive Switchless Resellers ("CSR") may resell local exchange
and related optional services without being a Competitive Local Exchange Carrier
("CLEC").
The
Commission answered in the affirmative, as quoted below:
"The
Commission believes that there may never be a bright line between CSR's and
CLECs (other than the existence of Rhode Island facilities), but that in any
case the evolution of the competitive marketplace will assist both the Division
and the Commission in determining whether and when further distinctions are
necessary."
Rhode Island Summary of Assessment
– Surcharges – Taxes and Rules
There are a number
of specific Rhode Island taxes/surcharges that every telecommunication company
should be aware of and an “assessment charge” for the Rhode Island
Public Utilities Commission budget.
I.
Administrative expenses – Assessment against utilities.
Pursuant to the Rhode Island General Law Chapter 1 of title
39, the General Assembly mandated an assessment on gross revenues of utilities
operating within the state of Rhode Island.
“The administrator (of the Division of
Public Utilities and Carriers) shall thereupon apportion and assess one hundred
percent (100%) of such expenses among the several public utility companies and
common carriers located in this state in the proportion that the gross intrastate
utility operating revenues of each public utility company and common carrier
shall bear to the total gross intrastate utility operating revenues for the
last preceding fiscal year of all public utility companies and common carriers;
provided, however, that any public utility or common carrier, whose gross intrastate
revenues in any fiscal year as reported to the administrator do not exceed one
hundred thousand dollars ($100,000), shall not be subject to the assessment.”
Pursuant to the Rhode Island General Law 39-1-22
False Returns. – A company subject to the supervision of the commission
or division which furnishes it with a sworn or affirmed report, return, or statement,
which the company knows or should know contains false figures or information
regarding any material matter lawfully required of it, and any company which
fails within a reasonable time to obey a final order of the commission or division,
shall be fined not more than twenty thousand dollars ($20,000).
It is required that
all telecommunication carriers, with intrastate revenues in excess of $100,000,
be required to file annual intrastate revenues (Calendar basis - January
through December) with the Rhode Island Division of Public Utilities and Carriers,
in care of Mr. Charles Brown at 89 Jefferson Blvd., Warwick, Rhode Island 02888.
Phone (401) 941-4500 and FAX (401) 941-9248. An invoice for the telecommunication carriers assessment will
be forwarded at the appropriate time by the Division. Files of the annual Rhode
Island revenues and access lines will be kept confidential.
II.Dual party telephone relay
service for deaf, hearing impaired and speech impaired persons. Generally known
as the “TTY/TDD Relay Surcharge”.
Pursuant to the Rhode Island General Law 39-1-42, the Public
Utilities Commission was mandated to (a) establish, administer, and promote
a statewide dual party telephone relay service and to (b) establish, by rule
or regulation, an appropriate funding mechanism to recover the costs of providing
this service to the general body of rate payers.
On May 1, 1998 in R.I.P.U.C.
Docket No. 2046, the Commission ordered the assessment of a monthly relay surcharge
to be 9 cents ($0.09) [1] for
each telephone access line in the state of Rhode Island.The costs associated
with the relay service are to be recovered by each telecommunication carrier
providing local telephone service.The monthly surcharge should be established
as a separate line item on the monthly statement of telephone customers.
Both Text Telephone
(“TT”) and Voice users may place calls through the relay service
by calling the toll-free access number 800-RI-55555 (800-745-5555).Beginning
in Mid 2000, 711 will be the general relay number.
With the advent of
competition in the telecommunication market in Rhode Island, it is required
that all carriers providing telephone service be required to bill its customers
the relay surcharge and remit the TDD Relay surcharge amount (payable) to the
Rhode Island Division of Public Utilities and Carriers, in care of Mr. Charles
Brown at 89 Jefferson Blvd., Warwick, R.I. 02888 Tel. No. (401) 941-4500 ext.
141 and FAX (401) 941-9248. Please contact Mr. Brown before your first filing.
III. Gross earnings of
certain corporations and public service companies.Generally known as “Gross
Earnings Tax”
Pursuant to the Rhode Island General Law Chapter 13 of title
44, Public Service Corporation Tax, the General Assembly mandated a Gross Earnings
tax on telecommunication services within the state of Rhode Island.
(4) “In
the case of every telecommunications corporation providing telecommunications
service, five percent (5%) effective July 1, 1997.”
(6) “Due
date of annual return – Every corporation shall file a return with the
(tax) administrator on or before March 1 of each year.”
(10)
“In the case
of every corporation carrying on business both within and without this state,
its entire gross earnings from its operation for the preceding calendar year,
or for the portion of the year that the corporation has carried on business
within this state shall be apportioned to this state.”
Remit the Gross Earnings
Tax amount (payable) to the “State of Rhode Island”, in care of
Mr. Earnie De Angelis, RI Division of Taxation, One Capitol Hill, Providence,
RI 02908.Tel. No. (401) 222-2950. Call for forms and for a copy of current regulations.
IV. Sales and Use Taxes
Pursuant to the Rhode Island General Law Chapter 18 of title
44, the General Assembly mandated a Sales and Use tax on telecommunication services
within the state of Rhode Island at the rate of seven percent (7%).
44-18-7(9) “The furnishing for consideration
of telecommunications service which includes local exchange service, intrastate
toll service, interstate and international toll service…. Including the
furnishing, rental, or leasing of all equipment or services pertaining or incidental
thereto; provided, that the service is: rendered in its entirety within this
state, originated in this state and terminated in another state or a foreign
country and with respect to which the service is charged to a telephone number,
customer, or account located in this state or to the account of any transmission
instrument in this state, originated in another state or a foreign country and
terminated in this state and is charged to a telephone number, customer, or
account located in this state at which the service is terminated, or to the
account of any transmission instrument in this state at which the service is
terminated.”
Remit the Sales and
Use tax amount (payable) to the “State of Rhode Island”, in care
of Mr. Ernie De Angelis, RI Division of Taxation, One Capitol Hill, Providence,
RI 02908.Tel. No. (401) 222-2950. Call for forms and for a copy of the current regulations.
Rhode Island General Laws requires thirty (30) days notice of change in rates.The
time period for the 30 day notice commences from the date the filing is received
and docketed by the Commission Clerk, as long as the filing confirms to the
tariff filing package requirements.Tariff filing package for CSRs should contain
an original and 4 copies of the cover letter stating docket number and original company name as certified, an outline of changes and tariffs,
and a check in the amount of $50.00 payable to “State of Rhode Island”.For
CLECs, the package should include an original and 7 copies.All filings must
be addressed to Ms. Luly Massaro, Commission Clerk,Rhode Island Public Utilities
Commission, 89 Jefferson Blvd., Warwick, RI 02888.Phone 401-941-4500 ext 107.
Mergers and asset purchase / lease agreements between telecommunications companies
doing business in Rhode Island must be approved by the Division of Public Utilities.
in cases where both of the companies are registered to do business in
Rhode Island, Division approval is not required in cases where the
merger or asset purchase / lease agreement is between parent or affiliated companies,
incorporated outside of Rhode Island OR where only ONE registered Rhode Island
telecommunications provider is involved (see R.I.G.L. 39-3-24, et seq).
Although
approval is not required, telecommunications companies are required to notify
both the Commission and Division of all merger and asset purchase / lease
agreements. Any
questions on this section can be directed to Mr. John Spirito Esq. at 401-941-4500
ext. 152.Companies seeking approval pursuant to RIGL 39-3-24 must file with
Ms. Luly Massaro, Clerk, Rhode Island Division of Public Utilities, 89 Jefferson
Blvd., Warwick, RI 02888. 401-941-4500 ext. 107.
Only telecommunications companies that are incorporated in the state of Rhode
Island are required to seek and receive Division approval to issue stocks, bonds,
notes and other evidences of indebtedness (see R.I.G.L. 39-3-15 et seq.)
Although
approval is not required for foreign utilities doing business in Rhode Island,
these companies are required to notify both the Commission and Division of all
security issues involving their companies. Any questions on this section can
be directed to Mr. John Spirito Esq. At 401-941-4500 ext 152
Telecommunications companies must register the trade name or d/b/a name with
the Secretary of State, Corporations Division, 100 North Main St., Providence,
RI 02903 (request a form 401-222-2357).The company must file this trade name
and d/b/a release form with the original application if they are requesting
the trade name or d/b/a. In addition if the company wants to add or change a
trade name or d/b/a after receiving certification at the PUC, they must submit
the complete Secretary of State form. Companies seeking to implement name change
must do so through the submission of a tariff filing see procedures below.
If the company wants to add
or change a trade name or d/b/a after receiving certification follow instructions
listed below.
1. Submit trade or d/b/a name authorization form that you received
back from the Secretary of State along with 2 and 3 below. (The
authorization form is required for processing)
2. Change each tariff page with the addition of the trade name or d/b/a.
3. A check in the amount of $50.00 made out to "State of Rhode
Island"
4. Send to attention the Commission Clerk, RIPUC, 89 Jefferson Blvd.,
Warwick, RI 02888
5. The filling will be acted upon by the Commission and should be effective
30 days upon docketing by the Commission Clerk, please allow 2 days
processing time for docketing. You should put in the issue and
effective dates on each page.
Any telecommunication carrier classified as a CSR (Class II) that wants to upgrade
to a CLEC (Class I) must file a complete new filing package.
Upon acceptance
of the CLEC status by the Commission, the CSR Class II certificate must be requested by the company to be recalled and cancelled, otherwise, the company
will be responsible for the annual fee for both classes. Direct the request to
the Commission Clerk at the RIPUC.
STATE
OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DIVISION
OF PUBLIC UTILITIES AND CARRIERS
REGULATIONS
AND FEE SCHEDULES FOR TELECOMMUNICATIONS PROVIDERS
Date
of Public Notice: September 21, 1995
Date of Public Hearing: October 5, 1995
Effective Date: December 26, 1995
1.
INTRODUCTION
These
regulations, enacted pursuant to 1995 P.L. Chapter 316, govern the fees payable
by telecommunications providers who are not otherwise subject to the provisions
of R.I.G.L. 1956 (1988 Reenactment), 39-1-26(a) or (b). These fees represent
the reasonable costs incurred by the Division of Public Utilities and Carriers
and the Public Utilities Commission in docketing, investigation, and decision-making.
2.
DEFINITIONS
As used
in these rules, except as otherwise required by the context:
a. "Applicant" means,
in proceedings involving filings for permission or authorization which the Commission
may give under statutory or other authority delegated to it, the party on whose
behalf the filings are made.
b. "Clerk" means the Commission clerk,
appointed by the Commission pursuant to R.I.G.L. 39-1-9.
c. "Commission" means the Public
Utilities Commission.
d. "Division" means the Division
of Public Utilities and Carriers described in R.I.G.L. 39-1-2(4) and 39-1-3.
e. "Telecommunications provider"
means any person, firm or corporation providing, inter alia, intrastate
telecommunications services, which is not otherwise liable for payments to the
Public Utilities Reserve Fund (currently .00025% of gross annual operating revenues
attributable to intrastate operations in Rhode Island) or for rate case expense
reimbursements. For the purpose of these regulations, telecommunications providers
are subdivided into six classes:
(1) Class I: Competitive Access Providers
("CAP"). Entry is controlled by Docket No. 2129. These carriers are
facilities-based, providing customers with some of the same services available
through the local exchange carrier. (the Commission added the Competitive Local
Exchange Carrier "CLEC" classification to this Class I in open meeting)
(2) Class II: Resellers doing business
as Certified Switchless Resellers ("CSR"). Entry is controlled by
Docket No. 2262, incorporating many of the requirements of Docket No. 2129.
CSRs are non-facilities-based carriers which purchase access at a discount from
facilities-based carriers and/or the local exchange carrier, and market or resell
their services.
(3) Class III: Resellers doing business
through the use of debit cards ("DCS"). DCS is a pre-paid calling-card
service provided by a wholesale company that allows an in-state outbound call
to be charged to a debit card, typically through the use of a "1+800"
number and a personal identification number.
(4) Class IV: Operator Service Providers
("OSP") or Alternate Operator Services ("AOS"). These providers
offer an alternative to operator services provided by the local exchange carriers
and facilities-based interexchange carriers. OSPs furnish services to carriers
who do not have their own operators, and to businesses such as hotels, hospitals,
airports, and educational institutions. The services may include calling card,
collect, and third-party calls.
(5) Class V: Private coin telephones.
This class includes Customer-Owned, Coin-Operated Telephones ("COCOT")
and Inmate Services. COCOTs generally secure alternative operator services for
calling card, collect, and third-party calls, since the financial commissions
are greater. Inmate Services provides outbound-only coin telephones for residents
of the state and federal prisons.
(6) Class VI: Other service providers
who are not covered by Classes I-V. (wholesaler of data services)
3. ORIGINAL APPLICATIONS
a. Class I. In addition to the materials
required to be submitted to the Clerk pursuant to Docket No. 2129, CAP (or CLEC)
applicants shall tender $300.00, in a check payable to the State of Rhode Island.
No application shall be accepted for docketing in the absence of full payment
and all required paperwork.
b. Class II. In addition to the materials
required to be submitted to the Clerk pursuant to Docket No. 2262, CSR applicants
shall tender $250.00, in a check payable to the State of Rhode Island. No application
shall be accepted for docketing in the absence of full payment and all required
paperwork. Certain CSRs were granted interim authority by the Commission, pending
action by the General Assembly. Holders of interim authority need not refile
their materials, but will obtain permanent authority by submitting a letter
requesting the same, accompanied by $250.00, in a check payable to the State
of Rhode Island.
c Class III. In addition to a Statement
of Business Operations and initial tariffs, DCS applicants shall tender $250.00,
in a check payable to the State of Rhode Island. No application shall be accepted
for docketing in the absence of full payment and all required paperwork.
d. Class IV. Class IV applicants are
required to file certain information with the Division, pursuant to the Rules
and Regulations for Telephone Operator Service Providers in Rhode Island, issued
April 8, 1991. In addition, OSPs shall tender $250.00, in a check payable to
the State of Rhode Island. No application shall be accepted for docketing in
the absence of full payment and all required paperwork.
e. Class V. COCOTs with fifteen units
or more who wish to offer service as Class V telecommunications providers, must
submit a registration form, listing information required by Docket Nos. 1786,
1796, and 1899, and initial tariffs. Inmate Services providers must submit a
copy of the contract with the State of Rhode Island or the United States of
America. In addition to this paperwork, Class V telecommunications providers
shall tender $150.00, in a check payable to the State of Rhode Island.
f. Class VI. The Division will dictate
entry requirements for these providers on a service-by-service basis. Class
VI telecommunications providers shall tender a check payable to the State of
Rhode Island, in an amount to be determined by the Division, not to exceed $300.00.(now
includes wholesaler data services)
4. ANNUAL FEES
a. Class I. In addition to the materials
required to be submitted to the Clerk annually pursuant to Docket No. 2129,
CAPs (or CLECs) shall tender $250.00, in a check payable to the State of Rhode
Island, not later than July 1 following the date on which authority was granted.
Failure to remit the annual fee by August 1 shall result in suspension of authority.
Such suspension shall automatically become revocation if the annual fee remains
unpaid by September 1; Class I telecommunications providers whose authority
has been revoked may reapply for authority by filing an original application
with the appropriate fees, as described in Rule 3a.
b. Class II. In addition to the materials
required to be submitted to the Clerk annually pursuant to Docket No. 2262,
CSRs shall tender $175.00, in a check payable to the State of Rhode Island,
not later than July 1 following the date on which authority was granted. Failure
to remit the annual fee by August 1 shall result in suspension of authority.
Such suspension shall automatically become revocation if the annual fee remains
unpaid by September 1; Class II telecommunications providers whose authority
has been revoked may reapply for authority by filing an original application
with the appropriate fees, as described in Rule 3b.
c. Class III. DCS providers shall tender
$175.00, in a check payable to the State of Rhode Island, not later than July
1 following the date on which authority was granted. Failure to remit the annual
fee by August 1 shall result in suspension of authority. Such suspension shall
automatically become revocation if the annual fee remains unpaid by September
1; Class III telecommunications providers whose authority has been revoked may
reapply for authority by filing an original application with the appropriate
fees, as described in Rule 3c.
d. Class IV. AOS or OSP providers shall
tender $175.00, in a check payable to the State of Rhode Island, not later than
July 1 following the date on which authority was granted. Failure to remit the
annual fee by August 1 shall be cause for notice of a Show Cause hearing, publication
of the notice on the National Association of Regulatory Utility Commissioners'
Electronic Bulletin Board, and potential revocation if the annual fee remains
unpaid by September 1; Class IV telecommunications providers whose authority
has been revoked may reapply for authority by filing an original application
with the appropriate fees, as described in Rule 3d.
e. Class V. COCOTs and Inmate Services
providers with fifteen or more units shall tender $25.00 or $0.10 per telephone,
whichever is greater, in a check payable to the State of Rhode Island, not later
than July 1 following the date on which operations began. Failure to remit the
annual fee by August 1 shall be cause for notice of a Show Cause hearing, and
publication of the notice on the National Association of Regulatory Utility
Commissioners' Electronic Bulletin Board. Class V telecommunications providers
whose annual fees have not been paid by September 1 must reapply for authority
by filing an original registration application with the appropriate fees, as
described in Rule 3e.
f. Class VI. Class VI telecommunications
providers shall tender a check payable to the State of Rhode Island, in an amount
to be determined by the Division, not to exceed $250.00.(now includes wholesale
data services)
5. ADDITIONAL FILING FEES
a. Class I. CAPs (or CLEC) shall tender
$50.00, in a check payable to the State of Rhode Island, with each tariff revision
or non-tariff filing, other than the annual filings required by Rule 4a. No
filing shall be accepted for docketing unless the account is in full satisfactory
status, and full payment is made.
b. Class II. CSRs shall tender $50.00,
in a check payable to the State of Rhode Island, with each tariff revision or
non-tariff filing, other than the annual filings required by Rule 4b. No filing
shall be accepted for docketing unless the account is in full satisfactory status,
and full payment is made.
c. Class III. DCS providers shall tender
$50.00, in a check payable to the State of Rhode Island, with each tariff revision
or non-tariff filing, other than the annual filings required by Rule 4c. No
filing shall be accepted for docketing unless the account is in full satisfactory
status, and full payment is made.
d. Class IV. AOS or OSP providers shall
tender $50.00, in a check payable to the State of Rhode Island, with each tariff
revision or non-tariff filing, other than the annual filings required by Rule
4d. No filing shall be accepted for docketing unless the account is in full
satisfactory status, and full payment is made.
e. Class V. COCOTs and Inmate Service
providers shall tender $25.00, in a check payable to the State of Rhode Island,
with each tariff revision, other than the annual filing required by Rule 4e.
No payment shall be required with non-tariff filings. No filing shall be accepted
for docketing unless the account is in full satisfactory status, and full payment
is made.
f. Class VI. Class VI telecommunications
providers shall tender $50.00, in a check payable to the State of Rhode Island,
with each tariff revision or non-tariff filing, other than the annual filings
which may be required by Rule 4f. No filing shall be accepted for docketing
unless the account is in full satisfactory status, and full payment is made.(now
includes wholesale data services)
6. MISCELLANEOUS PROVISIONS
a. Multi-class Providers. A telecommunications
provider who has authority under more than one class must submit the paperwork
for each class, and the fees associated with the highest class.
b. Publication of Arrearages. An AOS,
OSP, COCOT, or Inmate Services provider which fails to submit the annual fee
in a timely manner will be summoned for a Show Cause hearing. Notice of this
hearing will be published on the National Association of Regulatory Utility
Commissioners' Electronic Bulletin Board so that regulators in other states
can be alerted to the provider's failure to comply with regulations. The provider
shall be classified "unsatisfactory" for all inquiries.
c. Limitation on Authority within a Class.
The Clerk will not accept any original application for filing, if the telecommunications
provider seeking authority currently holds authority in the same class (e.g.
no CAP (or CLEC) can file an application to provide service as a CAP (or CLEC),
although it may seek authority as a CSR).
The foregoing rules and regulations, after
due notice and an opportunity for hearing, are hereby adopted and filed with
the Secretary of State this 4th day of December, 1995, to become effective twenty
(20) days after filing, in accordance with the provisions of R.I.G.L. 1956 (1988
Reenactment) nbsp42-35-2(a)(2), nbsp42-35-3, and R.I.G.L. 1956 (1984 Reenactment)
nbsp39-1-26(c).
ALL
FEES MUST ACCOMPANY PAPERWORK.
Class I
Original Application $ 300
Annual Fee due by July 1 of
each year $250
Each Tariff Filing Change $50
Class II
Original Application $250
Annual Fee due by July 1 of
each year $175
Each Tariff Filing Change $50
Class III
Original Application $ 250
Annual Fee due by July 1 of
each year $175
Each Tariff Filing Change $50
Class IV
Original Application $250
Annual Fee due by July 1 of
each year $175
Each Tariff filing Change $50
Class V
Original Application $150
Annual Fee $25 or 10 cents
per phone whichever is greater, due by July 1 each year.
Each Tariff filing Change $25
Class VI
Original Application not to
exceed $300
Annual Fee not to exceed $250
due by July 1 of each year
Each Tariff filing Change $50
STATE
OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
PUBLIC
UTILITIES COMMISSION
IN
RE: ENTRY REQUIREMENTS FOR
COMPETITIVE
LOCAL EXCHANGE CARRIERS DOCKET NO. 2411
REPORT
AND ORDER
On April 5, 1996, a letter from Brooks Fiber
Communications of Rhode Island, Inc. ("Brooks") was received by the
Public Utilities Commission ("Commission"). The letter formally notified
the Commission of Brooks' intention to provide switched local service in Rhode
Island, and requested whatever permission might still be necessary to do so.
After open meeting discussion as to the proper forum Footnote1 for considering entry requirements for competitive
local exchange carriers ("CLECs"), the Commission created this generic
docket on April 23, 1996 and invited prospective CLECs to submit comments on
the scope of regulation.
By May 21, 1996, comments had been filed by
Brooks, Teleport Communications Group, AT&T, Cox Communications, Inc., the
Division of Public Utilities and Carriers, and NYNEX, the incumbent local exchange
carrier.
Several parties noted that all the services
offered by CLECs are competitive. Thus, their service offerings, service quality
and prices are all responsive to the marketplace. It was suggested that the
difference in market power between the CLECs and the incumbent, NYNEX, requires
different regulatory treatment for the CLECs.
The distinction in the scope of regulation
was explicitly recognized by Congress in the Telecommunications Act of 1996
("the Act"). CLECs, for example, are saddled with fewer obligations
than those imposed on incumbents and former Bell Operating Companies. Footnote2
The Commission is mindful that the Act prohibits
states from erecting barriers to competitive entry. Footnote3 However, Congress did
not thereby intend to preempt our jurisdiction over all aspects of local service
delivery. Indeed, the Act authorizes the Commission to impose requirements "necessary
to preserve and advance universal service, protect the public safety and welfare,
ensure the continued quality of telecommunications services, and safeguard the
rights of consumers." Footnote4
Many of those requirements will be developed
in the context of Docket No. 2252, and this docket does not purport to address
them. Rather, our goal is to establish minimal provisions necessary to protect
residential and small business customers, whose sophistication and ability to
protect themselves may not be equal to those of the large users who have typically
been customers of the Competitive Access Providers authorized by Docket No.
2129.
The Commission is of the opinion that the following
entry requirements for CLECs, similar to those proposed by Brooks, will adequately
protect Rhode Island consumers without erecting barriers to competitive entry:
1. The Commission shall grant authority to
a CLEC upon its finding all of the following:
- That the applicant has satisfactorily provided a Statement of Business
Operations in accordance with the Report and Order in Docket No. 2129, and
a map of the geographical area or areas in which service will be offered;
and (outlined
the required information earlier in this requirement file listing)
- That the applicant meets the standard for financial resources, managerial
qualifications, and technical competence established below; and
- That the CLEC has specified whether it intends to offer its service
to all business and residence customers that request local exchange service;
and
- That the CLEC has paid the appropriate application fees, pursuant
to the Regulations and Fee Schedules for Telecommunications Providers. Until
further notice, a CLEC shall be treated as a Class I telecommunications provider.
2. The Commission shall use
the following standard for determining an applicant has sufficient financial
resources:
- Upon request, applicants to become facilities-based service providers
shall demonstrate they possess a minimum of $100,000 cash or other financial
instrument as described in 2(c), available for the first year expenses of
Rhode Island operations;
- Upon request, applicants to become non-facilities based service providers
shall demonstrate they possess a minimum of $20,000 cash or other financial
instrument as described in 2(c), available for the first year expenses of
Rhode Island operations
- To satisfy the requirements of 2(a) and (b), if imposed, applicants
may use appropriate financial instruments, subject to verification and review
by the Commission, including but not limited to:
- cash or cash equivalent, including cashier's check
or sight draft
- certificate of deposit or other liquid deposit
with a reputable bank or other institution
- irrevocable letter of credit
- line of credit
- loan
- guarantee.
- The requirements of 2(a), (b), and (c) are not intended to prescribe
the credit terms which apply between carriers.
3. The Commission shall determine
an applicant possesses sufficient managerial qualifications on the basis of
reviewing brief biographies of the applicant's key officers and/or managers:
- For facilities-based applicants, the Commission shall review brief
biographies of the applicant's key technical management personnel, if different
from its key officers and/or managers, commensurate with the scope of the
applicant's operations.
- For non-facilities based applicants, the Commission shall consider
the technical competence of the underlying carrier(s) used in providing the
applicant's service.
4. Before commencing operations,
an applicant shall, if deemed necessary by the Commission, post and maintain
a surety bond to cover refunds of all residential customer deposits, including
advanced billing.
5. A CLEC must receive approval
of its filed intrastate tariff prior to commencing operations.
Such approval will be automatic if the Commission does not act within sixty
days of the tariff filing.
The Commission is committed to competition
in telecommunications. We believe that removing barriers and encouraging new
entrants will result in lower costs to customers. These minimal entry requirements
for CLECs will allow competitive local exchange service to commence. How it
is to be managed raises issues, including the applicability of quality of service
standards and universal service requirements, which we will address in Docket
No. 2252. Any CLEC authorized to provide service in Rhode Island is bound by
the decision in that docket.
Accordingly, it is
(15040) ORDERED:
The Commission adopts, for Brooks Fiber Communications
of Rhode Island, Inc., and all other potential Competitive Local Exchange Carriers,
the requirements detailed in this Report and Order.
EFFECTIVE AT PROVIDENCE, RHODE ISLAND ON JULY
9, 1996 PURSUANT TO AN OPEN MEETING DECISION. WRITTEN ORDER ISSUED JULY 12,
1996.
PUBLIC UTILITIES COMMISSION
Footnote1
The Commission is currently considering a wide
range of issues arising from competition in the telecommunications marketplace
in Docket No. 2252.
Footnote2
Contrast Section 251(b), which defines obligations
for all local exchange carriers, with Section 251(c), imposing additional obligations
on incumbent local exchange carriers.
Footnote3
See Section 253(a).
Footnote4
See Section 253(b).
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PART 1 |
GENERAL |
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1.1 |
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APPLICABILITY |
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These procedures apply only to residential
services provided by Telecommunication Service Providers and are
subject to the jurisdiction of the Rhode Island Public Utilities
Commission and the Division of Public Utilities and Carriers. |
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1.2 |
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DEFINITIONS |
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(a) |
COMPANY: Any Telecommunication Service Provider. |
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(b) |
CUSTOMER: Any Purchaser of or applicant for telephone
service supplied by the Company for residential purposes. |
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(c) |
DELINQUENT ACCOUNT: An account for residential telephone
service which remains unpaid for at least 30 calendar days after
receipt of the bill. |
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(d) |
DISCONTINUANCE OF SERVICE: Temporary disconnection
of telephone service initiated by the Company, and not requested
by the customer. |
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(e) |
DIVISION: The Division of Public Utilities and Carriers
of the State of Rhode Island. |
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(f) |
FINAL BILL: A final statement rendered when service
has been removed or service is changed to a new customer who does
not assume outstanding charges. |
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(g) |
NEW SERVICE: Residential service provided to a person
who, at the time of application for the service, is not a person
in whose name residential service is currently being provided. |
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(h) |
NOTICE OF DISCONTINUANCE: Written notice of the
Company's intention to discontinue telephone service for nonpayment
of a delinquent bill of more than $50.00. This notice must be issued
no less than 15 calendar days prior to the scheduled discontinuance
date. |
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(I) |
PAYMENT OF BILL: Receipt at the Company's business
office or authorized payment agency of cash or money order or check
which is subsequently honored. |
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(j) |
RECEIPT OF BILL OR NOTICE: The receipt date is presumed
to be 3 calendar days after the mailing date; or if the bill or
notice is delivered rather than mailed, the receipt date is the
date of delivery. |
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(k) |
REMOVAL: Permanent disconnection of telephone service
initiated by the Company and not requested by the customer. |
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(l) |
VERIFICATION CALL: A call to the customer, or to
a responsible adult member of the immediate family, living at the
premises where service is provided, to establish that the notice
of discontinuance was received and is understood, and to attempt
to make mutually satisfactory payment arrangements in order to avoid
discontinuance of service. |
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1.3 |
CUSTOMER RIGHTS |
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The Company shall print in a conspicuous
place in the introductory pages of all residential telephone directories
furnished by the Company a description of all residential customer
rights and responsibilities under these Procedures. |
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PART II |
DEPOSITS |
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2.1 |
The Company may request a deposit from a customer
applying for new service only if the customer has an outstanding
bill from previous telephone service billed by the Company and it
is not in dispute. In addition, the Company will also require payment
of the outstanding bill. The Company may refuse to provide new service
until the deposit and the outstanding bill have been paid, or mutually
satisfactory arrangements have been made for payment of the outstanding
bill. |
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2.2 |
The Company may request a deposit from a customer
when the customer's service has been discontinued for nonpayment
of a delinquent bill, or if notices of discontinuance have been
sent in three of the previous six months. The Company may refuse
to restore the service until the deposit and the delinquent bill
have been paid, or mutually satisfactory arrangements have been
made for payment of the delinquent bill. |
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2.3 |
The amount of the deposit shall be sufficient to
provide security to cover two-twelfths of the estimated
charges for the ensuing twelve months. Estimated charges for services
in determining deposits shall not include the estimate of charges
of any interexchange carrier or any entity other than the Company.
Interest at the rate of twelve percent annually
shall be payable on all deposits. Interest shall be credited annually
to the customer's account or paid with the return of the deposit,
whichever occurs first. |
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2.4 |
Any deposit of less than $75.00 may be paid in two
installments, with the second installment due no later than 30 days
after payment of the initial installment. Any deposit of $75.00
or more may be paid in 3 approximately equal installments with the
last installment due no later than 60 days after the initial installment.
When the customer elects installment payments, the Company shall
provide service after the first installment. Failure of the customer
to make timely payment of subsequent installments shall be grounds
for discontinuance of service, in accordance with the provisions
of Parts IV and V. |
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2.5 |
The deposit plus accrued interest will be refunded
promptly to the customer upon satisfactory payment of bills for
a period of six consecutive months, or if service is terminated,
whichever occurs first. Payment shall be considered satisfactory
if no more than two notices of discontinuance have been mailed in
the preceding six-month period. |
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2.6 |
If any deposit becomes inadequate or excessive,
based on the customer's average usage for the six preceding months,
a request for an additional deposit or a refund of the amount in
excess will be made. |
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2.7 |
When a deposit is required, the Company must inform
the customer of the reason for the requirement, how the amount was
determined, and of the customer's right to appeal the deposit requirement
to the Company and to the Division, pursuant to Part VII of these
procedures. |
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PART III |
PAYMENT REQUIREMENT |
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3.1 |
The Company may require a customer to
make an advance payment equal to the total of the service charges
and other applicable nonrecurring charges. At the request of a customer,
arrangements may be made for installment billing of nonrecurring
charges provided, however, that the installments do not exceed three
months. Advance payment may be required when credit information
is vague or unclear or there is a strong indication of unwillingness
to pay on the part of the customer. This would appear, for example,
in answers to questions dealing with name, source of income and
employment. In this instance, the following credit information would
be requested: name, address, employment, previous service, does
the applicant own or rent, at what number can he/she be reached. |
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3.2 |
The Company shall allow each customer
at least 30 calendar days from receipt of the bill for payment in
full. |
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3.3 |
The Company will use advance toll notification
to bring to the attention of the customer uncharacteristically high
toll usage. |
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(a) |
The Company will identify accounts accruing $140.00
or more in toll usage to the regular billing date. |
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(b) |
A careful analysis will be made of each case to
determine if there is sufficient reason to contact the customer
about his ability to meet his payment. |
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(c) |
Where there is high risk involved, the customer
will be contacted and queried as to whether there is any question
regarding the toll usage and if not, he will be asked about his
ability to meet his payments. |
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(d) |
If mutually satisfactory arrangements are not made,
the Company will notify the customer that toll service will be interrupted
in five calendar days from the receipt of notice and will inform
the customer about his right to appeal to the Division. |
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3.4 |
In determining whether to impose the advance
payment requirements under Paragraph 3.1 or the advance toll notification
requirements under Paragraph 3.3, or the deposit requirements under
Paragraphs 2.1 or 2.2, the Company shall not discriminate against
any customer on the basis of race, color, religion, national origin,
sex, marital status, occupation, or age (provided the customer has
the capacity to contract), or because all or part of the customer's
income derives from any public assistance program. |
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3.5 |
Customers with outstanding final bills
who are unable to pay the entire amount prior to installation of
new service will be offered the Plans detailed in 3.5.1 and 3.5.2.
Initially, the customer may choose either plan, However, if the
customer fails to comply with the terms of Plan 1, the Company will
provide written notice to the customer stating that the customer
must comply with the terms of Plan 1 within 5 calendar days of receipt
of the notice, or the customer will be enrolled in Plan 2. If after
such notice the customer does not comply with the terms of Plan
1, the customer will be enrolled in Plan 2.
Deposits prior to installation of service will not be required
under either plan and installation charges will be billed in four
(4) equal monthly installments. |
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3.5.1 |
Plan 1 |
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The customer agrees to pay the final bill
in six (6) equal monthly installments and also agrees to pay all
current charges when due. The first of the six installment payments
shall be paid upon enrollment in Plan 1. Installment payments will
be applied to delinquent Company charges first. In addition, the
Company will remove all auxiliary exchange services from the customer's
account. Thereafter, the customer will be limited to basic exchange
service for the duration of the Plan. In addition, the customer
may obtain Non-Published service. Upon full payment of the final
bill, the customer may elect to subscribe to auxiliary exchange
services at tariff rates and charges. |
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3.5.2 |
Plan 2 |
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The customer agrees to pay the final bill
in twelve (12) equal monthly installments and also agrees to pay
all current charges when due. The first of the twelve installment
payments shall be paid upon enrollment in Plan 2. Installment payments
will be applied to delinquent Company charges first. Upon enrollment
in Plan 2 the Company will install Curb-a-Charge at no cost to the
customer. In addition, the Company will remove all auxiliary exchange
services from the customer's account and , if applicable, cancel
the Company's Calling Card and notify the customer's Primary Interexchange
Carrier. Thereafter, the customer will be limited to basic exchange
service for the duration of the Plan. In addition, the customer
may also obtain Non-Published service. Upon fill payment of the
final bill, the Company will remove Curb-a-Charge service and notify
the customer's Primary Interexchange Carrier. The customer may elect
to subscribe to auxiliary exchange services at tariff rates and
charges and reapply for the Company's Calling Card. A delinquent
customer is eligible for one renegotiation of the terms of this
payment Plan if he meets the following conditions: |
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(1) |
The customer has not been enrolled in Plan 1 within
the preceding 12 months. |
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(2) |
At least 40% of the final bill has been paid. |
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Specific dates will be established for
payment of the monthly installments. If payment is not received
on the payment date, the customer will be subject to discontinuance
of service after the Company completes the following procedures.
The Residence Service Center will make two telephone call
attempts to advise the customer prior to discontinuance. If the
customer cannot be reached by telephone, the Company will send written
notice to the customer. The written notice shall state the reasons
for the proposed discontinuance. The customer's service may be discontinued
three days after the second telephone call attempt is completed
or the written notice is received, whichever is applicable. The
customer's service will not be discontinued if the Company's charges
have been paid in full. |
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PART IV |
NOTICE OF DISCONTINUANCE |
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4.1 |
Notice of Discontinuance shall not be
issued until an account has become delinquent and must be sent by
first class mail or be hand-delivered at least 15 calendar days
prior to the proposed discontinuance. |
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4.2 |
Notice of discontinuance shall not be
issued if the entire amount of a delinquent account is the subject
of a pending dispute pursuant to Part VII of these Rules. The Company
may, however, issue a notice of discontinuance for nonpayment of
the portion of the delinquent account which is not the subject of
a pending dispute pursuant to Parts V and VII of these Rules. |
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4.3 |
Notice of Discontinuance shall contain
the following information: |
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(a) |
the grounds upon which the proposed discontinuance
is based; |
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(b) |
the Company's intention to discontinue service unless
the Company receives the amount due or makes mutually satisfactory
payment arrangements with the customer; |
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(c) |
the date on which service will be discontinued,
unless the customer takes appropriate action; |
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(d) |
the length of time (10 calendar days) that service
will be discontinued prior to effecting removal; |
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(e) |
the restoral charges due if payment in full or satisfactory
payment arrangements are made during the discontinuance period; |
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(f) |
the minimum service charge for the re-establishment
of service that has been removed subsequent to discontinuance. |
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(g) |
the address and telephone number of the business
office responsible for any inquiries about the bill or notice, and
a statement that intrastate toll calls to that office may be made
collect; |
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(h) |
the customer's right to delay discontinuance if
unable to pay the bill and if a seriously ill person (certified
so by a medical doctor) is on the premises, or if some other personal
emergency requiring continued telephone service exists; |
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(i) |
a statement that if any resident in the home is
handicapped, or all residents in the home are elderly, discontinuance
may be averted in accordance with the safeguards and protections
contained in Part IX upon the conditions described therein; |
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(j) |
a statement that disputes may be referred to the
Division at a designated telephone number but that no appeal should
be made to the Division without first attempting to resolve the
matter with the Company. |
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4.4 |
The Company shall include the following
legend printed on the face of all bills and notices of discontinuance
in Spanish, Portuguese and any other language determined by the
Company or the Division to be the primary language of a substantial
number of customers of the Company. |
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THIS BILL (NOTICE) IS IMPORTANT
TRANSLATE IMMEDIATELY |
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PART V |
DISCONTINUANCE / REMOVAL PROCEDURES |
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5.1 |
Verification |
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The Company shall not discontinue a customer's
service without first attempting to contact the customer or a responsible
adult member of the household. The Company shall make its best effort
to complete a verification call to remind the customer of the pending
discontinuance and of the options available to avoid it. If a verification
call cannot be completed on the first attempt, a second attempt
will be made on a subsequent business day. When circumstances warrant,
and the customer or an adult cannot be reached by telephone, a verification
letter may be sent as an alternative. |
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5.2 |
Discontinuance and Removal of Service |
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(a) |
Service may be discontinued for one or
more of the following reasons: |
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(1) |
nonpayment of a undisputed delinquent bill of $50.00
or more; |
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(2) |
nonpayment of a deposit; |
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(3) |
failure to comply with the terms and conditions
of a deferred payment arrangement as defined in Part III and Part
VI; |
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(4) |
if the Division orders it; |
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(5) |
misrepresentation of identity for the purpose of
obtaining telephone service; |
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(6) |
violation of Tariff Regulations on file with the
Division. |
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(b) |
Service may be removed for the following
reasons: |
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(1) |
the customer abandons the premises |
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(2) |
the Division orders it; |
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(3) |
violation of Tariff Regulations on file with the
Division; |
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(4) |
as stated in 5.5 of these procedures. |
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(c) |
Service may not be discontinued or removed: |
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(1) |
without the notice provided for by these Procedures; |
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(2) |
if the outstanding undisputed delinquent account
amount is less than $50.00; |
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(3) |
if an emergency exists, as specified in Part VIII
of these Rules; |
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(4) |
for a deposit or a bill or a portion of a bill under
dispute, in accordance with Part VII of these Rules; |
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(5) |
if a customer has arranged, and is abiding by, a
deferred payment agreement, in accordance with Part III or Part
VI of these Rules; |
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(6) |
if no payment arrangements have been made and discontinuance
of service does not occur within 10 calendar days following the
proposed discontinuance date; |
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(7) |
if a customer fails to pay for concurrent service
received at a separate residence or location, or the failure to
pay for a different class of service at the same or different location; |
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(8) |
if a customer fails to pay for service provided
in the name of another customer; |
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(9) |
if a customer in Plan 2 of a deferred payment plan
has only non-Company charges outstanding and is current on Company
charges; |
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(10) |
if the Division forbids it. |
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5.3 |
Time Restrictions Applicable to Discontinuance
of Service |
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(a) |
Service shall not be discontinued on a day, or a
day immediately preceding a day, when the services of the Company
are not available to the general public for the purpose of restoring
discontinued service. |
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(b) |
Service may be discontinued only between 8:00 a.m.
and 3:00 p.m. on the discontinuance date; and barring any payment
agreement that might subsequently be dishonored at a date beyond,
discontinuance must be effected within 10 calendar days following
the scheduled discontinuance date. |
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5.4 |
Restoral of Service |
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(a) |
Service will be restored during business hours of
the day on which payment is received or arrangements made, or not
later than the first working day thereafter. |
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(b) |
If an emergency exists, service will be restored
the same day the Company is notified of such emergency. |
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(c) |
The restoral charge will be billed in the billing
period following the restoral. |
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5.5 |
Removal of Service |
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The Company may remove service 10 calendar
days after the date of discontinuance, if the bill has not been
paid in full, or if a customer has not made and subsequently honored
a deferred payment arrangement as defined in Part VI, and providing
there is no requirement to restore service because of a serious
illness or an emergency. |
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PART VI |
DEFERRED PAYMENT PLANS |
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6.1 |
If a customer cannot pay a delinquent
account in full, the Company will attempt to negotiate a mutually
satisfactory deferred payment plan. |
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6.2 |
The Company shall offer the following
payment plans to the customer. Initially, the customer may choose
either plan. However, if the customer fails to comply with the terms
of Plan 1, the Company will provide written notice to the customer
stating that the customer must comply with the terms of Plan 1 within
5 calendar days of receipt of the notice, or the customer will be
enrolled in Plan 2. If after such notice the customer does not comply
with the terms of Plan 1, the customer will be enrolled in Plan
2. |
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6.2.1 |
Plan 1 |
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The customer agrees to pay all delinquent
charges in six (6) equal monthly installments and also agrees to
pay all current charges when due. The first of six installment payments
shall be paid upon enrollment in Plan 1. Installment payments will
be applied to delinquent Company charges first. In addition, the
Company will remove all auxiliary exchange services from the customer's
account. Thereafter, the customer will be limited to basic exchange
service for the duration of the Plan. Customers who have Non-Published
service may keep that service. Upon full payment of the delinquent
charges, the customer may elect to subscribe to auxiliary exchange
services at tariff rates and charges. |
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6.2.2 |
Plan 2 |
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The customer agrees to pay all delinquent
charges in twelve (12) equal monthly installments and also agrees
to pay all current charges when due. The first of the twelve installment
payments shall be paid upon enrollment in Plan 2. Installment payments
will be applied to delinquent Company charges first.
Upon enrollment in Plan 2, the Company will install Curb-a-Charge
at no cost to the customer. In addition, the Company will remove
all auxiliary exchange services from the customer's account and,
if applicable, cancel the Company's Calling Card and notify the
customer's Primary Interexchange Carrier. Thereafter, the customer
will be limited to basic exchange service for the duration of the
plan. Customers who have Non-Published service may keep that service.
Upon full payment of the delinquent charges, the Company will remove
Curb-a-Charge service and notify the customer's Primary Interexchange
Carrier, The customer may elect to subscribe to auxiliary exchange
services at tariff rates and charges and reapply for the Company's
Calling Card.
The Company shall not discontinue Curb-a-Charge service if a customer
in Plan 2 has only non-Company charges outstanding and is current
on Company charges.
Specific dates will be established for payment of the monthly installments.
If payment is not received on the payment date, the customer will
be subject to discontinuance of service after the Company completes
the following procedures. The Residence Service Center will make
two telephone call attempts to advise the customer
prior to discontinuance. If the customer cannot be reached by telephone,
the Company will send written notice to the customer.
The written notice shall state the reasons for the proposed discontinuance.
The customer's service may be discontinued three days after the
second telephone call attempt is completed or the written notice
is received, whichever is applicable. The customer's service will
not be discontinued if the Company charges have been paid in full.
A delinquent customer is eligible for one renegotiation of the
terms of this payment plan if he meets the following conditions: |
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(1) |
the customer has not been enrolled in Plan 1 within
the preceding 12 months, |
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(2) |
at least 40% of the original delinquent bill has
been paid. |
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6.3 |
If a mutually satisfactory agreement or
a payment plan cannot be reached, the Company shall inform the customer
of the right to appeal to the Division. |
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(a) |
Such appeal must be made within two business days. |
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(b) |
Service may not be discontinued pending the Division's
review of appeal. |
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(c) |
If the customer indicates to the Company that he
will appeal and notification of appeal has not been received from
the Division within three business days thereafter, the Company
has the right to discontinue service for any delinquent balance
of $50.00 or more. |
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6.4 |
The Division shall rule within 5 business
days on the appeal, notify the customer and the Company of the decision,
and advise the customer of the right to further review in accordance
with Section VII. |
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PART VII |
DISPUTES |
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7.1 |
If any matter relating to a bill or deposit
is disputed by the customer, a thorough investigation shall be made
by the Company. The results of the investigation shall be given
to the customer and every reasonable effort will be made to resolve
the complaint. |
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7.2 |
Informal Review By The Division of Public
Utilities and Carriers |
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(a) |
In the event of a dispute between the
Company and the customer which cannot be adjusted with mutual satisfaction
after an initial consultation with an employee of the Consumer Section
of the Division, the customer or the Company may request a review
by the Public Utilities Administrator or his designee who shall
investigate the complaint, afford each party to the dispute a reasonable
opportunity to be heard, and communicate his findings to the parties.
During the pendency of such review the Company shall not discontinue
service to the customer due to the circumstances out of which the
dispute arose. The customer or the Company may request a review
of the disputed issue at any time and the request may be made in
any reasonable manner including telephoning the Division of Public
Utilities and Carriers. |
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(b) |
Where a disputed issue involves an outstanding
bill for previous telephone service or a delinquent account and
the reviewing officer finds that the debt is owed or that the account
is delinquent and the customer does not have and cannot obtain funds
to pay the debt or delinquent account in full on demand, the reviewing
officer shall mandate the terms and conditions of a deferred payment
agreement consistent with the provisions of Part III or Part VI. |
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(c) |
The informal review shall be completed
promptly in all cases where the customer is without service. |
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7.4 |
Decision of Reviewing Officer |
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|
| |
(a) |
A written notice of decision and order
after informal review shall be sent to the parties and their counsel. |
| |
(b) |
A notice of decision and order must contain
the following information, as appropriate:
- A statement of the decision and order and a statement of the
material facts underlying that decision and order.
- The date of proposed termination, if known and applicable.
- A statement of the right of any party to an evidentiary hearing
before the Public Utilities Administrator or designee of the Public
Utilities Administrator prior to termination, if applicable, or
promptly if services have been terminated, should the reviewing
officer's decision be disputed.
- A statement which specifies the procedure for initiating an
evidentiary hearing as set forth in Paragraph 7.5.
- A statement of the right to retain, and to be represented by
, counsel or another person of choice.
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(c) |
Service may not be discontinued during
the informal review procedure or for at least ten (10) days after
notice of decision is mailed. |
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7.5 |
Hearing |
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Any party aggrieved by the decision of
a reviewing officer after informal review shall have a right to
an evidentiary hearing before a hearing officer designated by the
Public Utilities Administrator to conduct hearings under this section.
The hearing officer conducting the hearing shall not have been involved
in the informal review or in any other proceeding relating to the
current dispute. A request for an evidentiary hearing must be made
within ten (10) days of receipt of a decision resulting from and
informal review. Where a request is made within ten (10) days of
receipt of a decision resulting from informal review, any termination
permitted by the decision and order of the reviewing officer shall
be suspended pending the decision and order of a hearing officer
under this section. A request for a hearing may be made in any reasonable
manner as by written notice or telephoned request directed to the
Division or its personnel.
Upon receipt of a request for an evidentiary hearing, the Public
Utilities Administrator shall:
- Schedule and evidentiary hearing to be held within fourteen
(14) days.
- Notify all parties and their counsel of the hearing.
- Issue a written decision within thirty (30) days from the completion
of the evidentiary hearing process.
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7.6 |
Hearing Procedure |
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(a) |
As part of an evidentiary hearing, the
parties shall have the following rights: |
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(1) |
the right to appear in person and to retain, and
be represented by counsel or another person of their choice, |
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(2) |
the right to present evidence, both oral and documentary, |
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(3) |
the right to present both oral and written argument, |
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(4) |
the right to confront and cross-examine witnesses, |
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(5) |
the right to have witnesses and documents subpoenaed
pursuant to Rhode Island General Laws Section 39-1-13 and Section
39-1-15, |
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(6) |
the right to examine a list of all witnesses who
will testify for the adverse party and all documents, records, files,
account data, and similar material which may be relevant to the
issues to be raised at the hearing at least ten (10) days prior
to a scheduled hearing, and |
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(7) |
the right to a record of the hearing proceedings. |
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7.7 |
Notice of Decision |
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(a) |
A written notice of decision after evidentiary
hearing shall be sent to the parties and their counsel. This notice
shall be given by first class mail at least ten (10) days prior
to any termination permitted after evidentiary hearing. |
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(b) |
The notice of decision shall : |
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(1) |
set forth all findings of fact and law, |
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(2) |
set forth the decision and order which shall include
any termination date, |
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(3) |
set forth the reasons for the decision and order, |
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(4) |
set forth the right to judicial review by any party
aggrieved by the decision and order. |
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7.8 |
Jurisdiction to Grant Exception |
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The Public Utilities Commission or Public
Utilities Administrator retains the jurisdiction to grant an exception
to the provisions of these regulations to any party for good cause
shown. |
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7.9 |
Judicial Review |
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The decision and order after evidentiary
hearing may be reviewed as set forth in Title 39 of the Rhode Island
General Laws (as amended), and the State Administrative Procedures
Act, Title 42, Chapter 35 of the Rhode Island General Laws (as amended). |
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PART VIII |
SERIOUS ILLNESS OR OTHER EMERGENCY |
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8.1 |
If the customer claims that there is a seriously
ill person residing at the household where service is furnished,
and is unable to pay because of a demonstrated hardship, the Company
shall postpone discontinuance if continued access to the telephone
is required because of serious illness. If service has already been
discontinued, it will be restored the same day the Company is notified
of such illness or other emergency. Such postponement or restoral
will be predicated on the receipt of certification of the illness
by a registered physician. The certificate shall state the name
and address of the seriously ill person, the nature of the illness
and the physician's office address and telephone number. Certification
of serious illness shall be sufficient if initially made by telephone.
In such event, the Company shall inform the certifying physician
that a written certificate provided by the Company, setting forth
the information required, must be forwarded to the Company within
seven (7) days. If the Company does not receive written certification
of the serious illness within seven (7) days, it shall contact the
customer or the certifying physician prior to discontinuing service. |
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8.2 |
Certification will be valid for the duration of
the illness or for thirty (30) calendar days, whichever is less,
and is renewable only once with the approval of the Division. |
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8.3 |
The Company must honor a registered physician's
certification of serious illness, but may seek Division review of
the validity of the certification pursuant to Part VII of these
regulations. |
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8.4 |
If at the expiration of the certification period,
the customer has not paid the delinquent bill or the deposit, or
has not agreed to a deferred payment arrangement, the Company may
discontinue service. However, a written notice must be received
five (5) calendar days before the discontinuance. |
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