1. (a) Reasons for refusal. An LEC may refuse service to an applicant for the following reasons:

   1. (1)

      1. (A) A bill from the LEC for telecommunications service remains unpaid in the applicant’s name.
      2. (B) Exception. An LEC may not refuse service to an applicant because of unpaid bills for merchandise or non-telecommunications services purchased, rented, or leased from or through the LEC;
   2. (2) Application for service following the relocation of the applicant and a former customer to new premises from premises where a bill remains unpaid for service that was provided to the former customer while the applicant was a full-time occupant;

   3. (3) Application for service at premises where there is an unpaid telecommunications bill and where:

      1. (A) The former customer who owed the bill remains at the premises;
      2. (B) A full-time occupant of the premises when the bill was incurred remains at the premises; or
      3. (C) A full-time user of the service when the bill was incurred remains at the premises;
   4. (4) The applicant is not in compliance with an Arkansas Public Service Commission order, a delayed payment agreement, or an extension agreement with the LEC entered with respect to service previously rendered to the applicant;
   5. (5) The applicant has not paid an approved fee, charge, or deposit as provided for in this part or the LEC’s tariffs;
   6. (6) The applicant has not furnished adequate assurance of payment in the form of a deposit or other security for service within twenty (20) days of an order for relief under 11 U.S.C. § 366 of the United States Bankruptcy Code;

   7. (7) There is evidence that the applicant is:

      1. (A) Using service in an unauthorized manner; or
      2. (B) Tampering with the equipment furnished and owned by the LEC;
   8. (8) A misrepresentation by the applicant relevant to the conditions under which the applicant may obtain telecommunications service;

   9. (9)

      1. (A) The applicant has not provided acceptable evidence of identity.
      2. (B) Acceptable evidence includes the following:

2. (i) Driver’s license or state ID card;

   1. (ii) Military ID;

      1. (iii) ID from place of employment;

         1. (iv) Social Security card;
         2. (v) Current student ID;
         3. (vi) Passport;
         4. (vii) Birth certificate; and
         5. (viii) Any other evidence that would establish identity.

      2. (C) If an LEC reasonably believes that the evidence offered is unreliable, it may:

         1. (i) Refuse to accept it; and
         2. (ii) Seek additional evidence from the applicant;
   2. (10) The applicant is not in compliance with all state and/or municipal regulations governing the service applied for;
   3. (11) The applicant is not in compliance with the currently effective tariffs;
   4. (12) The service applied for is of such character that it is likely to unfavorably affect the service to other customers;
   5. (13) The connection of service to the applicant’s equipment would create a hazard;
   6. (14) The applicant is causing or threatening injury to an LEC employee or an employee's family to retaliate for or prevent an act the LEC performs in the course of business; or
   7. (15) The applicant is causing or threatening damage to LEC property.

3. (b) Notice to applicant.

   1. (1) If an LEC refuses to serve an applicant, it shall give an explanation in writing to the applicant within seven (7) business days.

   2. (2) The explanation shall include the following:

      1. (A) The reason for refusing service, including the applicable Arkansas Public Service Commission rule;
      2. (B) The conditions, if any, under which service would be provided; and
      3. (C) The applicant’s right to complain to the Arkansas Public Service Commission, including the local and toll-free telephone numbers and mailing and street address of the Arkansas Public Service Commission.

Codification Notes: This section was promulgated as Rule 3.04 of the Telecommunications Providers Rules prior to codification in the Code of Arkansas Rules.