20070627-IR-170060429FRA Adds 170 IAC 7-1.4 to require customer notification when a telecommunications service provider communicates with a residential customer about changing from basic to nonbasic telecommunications servic...

TITLE 170 INDIANA UTILITY REGULATORY COMMISSION

Final Rule

LSA Document #06-429(F)

DIGEST

Adds 170 IAC 7-1.4 to require customer notification when a telecommunications service provider communicates with a residential customer about changing from basic to nonbasic telecommunications services. Effective 30 days after filing with the Publisher.

170 IAC 7-1.4

SECTION 1. 170 IAC 7-1.4 IS ADDED TO READ AS FOLLOWS:

Rule 1.4. Customer Notification Required When a Telecommunications Service Provider Communicates with a Residential Customer about Changing from Basic to Nonbasic Telecommunications Services

170 IAC 7-1.4-1 Policy and scope

Authority: IC 8-1-2.6-4.1

Affected: IC 8-1-2-88.5; IC 8-1-2.6; IC 8-1-17-22.5

Sec. 1. (a) This rule is intended to establish a procedure for providing notice to customers when a telecommunications service provider communicates with a residential customer about changing the customer's basic telecommunications service to nonbasic telecommunications service.

(b) This rule applies to providers of telecommunications services in Indiana, with the exception of providers that:

(1) have withdrawn from commission jurisdiction under:

(A) IC 8-1-17-22.5; or

(B) IC 8-1-2-88.5; or

(2) are subject to provider-specific alternative regulation plans or settlement agreements during the term of that plan or agreement.

(c) This section expires July 1, 2009.

(Indiana Utility Regulatory Commission; 170 IAC 7-1.4-1; filed May 30, 2007, 8:29 a.m.: 20070627-IR-170060429FRA)

170 IAC 7-1.4-2 Definitions

Authority: IC 8-1-2.6-4.1

Affected: IC 8-1-2.6

Sec. 2. (a) The following definitions apply throughout this rule:

(1) "Basic telecommunications service" has the meaning set forth in IC 8-1-2.6-0.1.

(2) "Commission" means the Indiana utility regulatory commission.

(3) "Communicate" or "communication" means any written, verbal, or electronic contact between provider and customer, initiated by either the provider or the customer, but does not include advertising or promotional materials.

(4) "Nonbasic telecommunications service" has the meaning set forth in IC 8-1-2.6-0.3.

(5) "Provider" has the meaning set forth in IC 8-1-2.6-0.4.

(6) "Telecommunications" has the meaning set forth in IC 8-1-2.6-0.6.

(7) "Telecommunications service" has the meaning set forth in IC 8-1-2.6-0.7.

(b) This section expires July 1, 2009.

(Indiana Utility Regulatory Commission; 170 IAC 7-1.4-2; filed May 30, 2007, 8:29 a.m.: 20070627-IR-170060429FRA)

170 IAC 7-1.4-3 Notice to customers

Authority: IC 8-1-2.6-4.1

Affected: IC 8-1-2-88.5; IC 8-1-2.6

Sec. 3. (a) At any time the provider and a residential customer communicate about changing the customer's basic telecommunications service to nonbasic telecommunications service, the provider shall notify the residential customer:

(1) of the option of basic telecommunications service; and

(2) that, by switching to nonbasic telecommunications service, the customer will be forgoing the regulatory protections of:

(A) commission jurisdiction over:

(i) rates and charges; and

(ii) service quality standards; and

(B) access to the commission's consumer complaint procedures and proceedings.

(b) The notice shall be given in the same form and at the same time as the communication.

(c) A provider may determine the exact language of the notice that the provider will use, as long as the notice used complies with subsections (a) and (b).

(d) A provider that uses the following language shall be deemed to be in compliance with this rule: "Through June 30, 2009, basic telecommunications services are under the jurisdiction of the Indiana utility regulatory commission, which provides regulatory protections regarding rates, service quality, and consumer complaints. By switching to nonbasic telecommunications service, which includes subscription to any package, plan, discount, or group of services, you will be forgoing these regulatory protections.".

(e) This section expires July 1, 2009.

(Indiana Utility Regulatory Commission; 170 IAC 7-1.4-3; filed May 30, 2007, 8:29 a.m.: 20070627-IR-170060429FRA)

LSA Document #06-429(F)

Notice of Intent: 20061004-IR-170060429NIA

Proposed Rule: 20061122-IR-170060429PRA

Hearing Held: April 5, 2007

Approved by Attorney General: May 17, 2007

Approved by Governor: May 29, 2007

Filed with Publisher: May 30, 2007, 8:29 a.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Beth Krogel Roads, Assistant General Counsel, Indiana Utility Regulatory Commission, Indiana Government Center-South, 302 West Washington Street, Suite E306, Indianapolis, IN 46204, [phone], [e-mail]

Posted: 06/27/2007 by Legislative Services Agency

DIN: 20070627-IR-170060429FRA

Composed: Oct 31,2016 11:42:22PM EDT

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