- (a) Interruption and outage. After an interruption or outage of local service of more than twenty-four (24) hours, an LEC shall refund a portion of the monthly charge for the number of days without service.
(b) Procedures for correcting an overbilling.
- (1) When an LEC has overbilled a customer, the LEC shall explain the reason for the correction and refund the amount of the overbilling within thirty (30) days after discovering or being notified of the error.
- (2) The refund shall be credited to the customer’s account unless the customer requests otherwise.
- (3) If the overbilling was the fault of the LEC, the LEC shall pay the customer interest on the overbilled amount.
(c) Procedures for correcting an underbilling.
- (1) When an LEC discovers it has charged a customer less than it should have, the LEC shall explain the error and offer a delayed payment agreement to correct it.
- (2) When an LEC underbills a customer over one (1) or more billing periods, the LEC must allow the customer at least that many billing periods to pay the correct amount under a delayed payment agreement.
- (3) If the underbilling was the fault of the customer, the LEC may charge interest for the period of time during which the underbilling occurred.
- (4) If the underbilling was caused by unauthorized use of service or tampering with an LEC’s equipment, the LEC does not have to offer a delayed payment agreement.
- (5) An LEC does not have to correct an underbilling if the cost of correcting the billing is not economically feasible.
(d) Tampering.
(1) If a customer tampers with an LEC’s equipment, the LEC may charge a reasonable amount for:
- (A) Damage to the equipment; and
- (B) Estimated service taken.
- (2) This is in addition to the remedies in 23 CAR § 466-401(b)(3), 23 CAR § 466-402(b)(2)(A), and 23 CAR § 466-601(6).
- (3) The LEC may base the estimate on the customer’s average lawful usage for the most recent twelve-month period.
- (4) If those figures are not available, the LEC shall base the estimate on the class average.
Codification Notes: This section was promulgated as Rule 5.14 of the Telecommunications Providers Rules prior to codification in the Code of Arkansas Rules.