1. (a)

   1. (1) This section applies to any residential customer, and to business customers whose average bill for the most recent twelve (12) months is two hundred dollars ($200) or less.
   2. (2) As used in this section, the term “customer” means only such customers as defined in this section.

2. (b) Customer information.

   1. (1) When a customer informs the LEC that he or she is having difficulty paying a bill, the LEC shall explain that delayed payment agreements are available both by telephone and in person through the LEC’s business offices.
   2. (2) The LEC shall then inform the customer of his or her rights and obligations under this section.

3. (c) Extension agreement.

   1. (1) If an LEC has met all of the requirements of subsection (b) of this section and a customer requests a payment extension of less than thirty (30) days from the payment due date, the LEC may offer to enter an extension agreement instead of a delayed payment agreement.
   2. (2) All extensions shall be documented.
   3. (3) The LEC shall inform the customer of the LEC’s right under 23 CAR § 466-604(b) to suspend service without advance written notice if the customer fails to keep the terms of the extension agreement.
4. (d) Qualifying. An LEC does not have to enter into an extension agreement if the customer has failed to keep the terms of an extension agreement in the last twelve (12) months.

5. (e) Availability of delayed payment agreement.

   1. (1) The LEC shall offer and enter into a delayed payment agreement with a qualifying customer if the customer agrees to pay:

      1. (A) The down payment and all installments by the due dates; and
      2. (B) All bills coming due during the period of the agreement in full by each bill’s respective due date.
   2. (2) An LEC may not limit the number of delayed payment agreements a customer may enter into if the customer qualifies under all other conditions of this section.

6. (f) Qualifying.

   1. (1)

      1. (A)

7. (i) An LEC does not have to enter into a delayed payment agreement if the customer has failed to keep the terms of a delayed payment agreement in the last twelve (12) months.

   1. (ii) This includes failure to pay the agreed-upon down payment within three (3) business days.

      1. (B) Exception.

         1. (i) Subdivision (f)(1) of this section does not apply when an LEC corrects an underbilling.
         2. (ii) See 23 CAR § 466-514(c).
   2. (2) An LEC does not have to enter into a delayed payment agreement after the last day to pay, as printed on the most recent shut-off notice, has passed except when 23 CAR § 466-614 or 23 CAR § 466-615 apply.
   3. (3) An LEC does not have to enter into a second delayed payment agreement if the customer currently is bound by a delayed payment agreement.
   4. (4) If a customer has engaged in unauthorized use of service or has tampered with the LEC’s equipment in the last twenty-four (24) months, the LEC does not have to enter into a delayed payment agreement.
   5. (5) If a customer has misrepresented a fact relevant to the conditions under which he or she obtained or continued service in the last twenty-four (24) months, the LEC does not have to enter into a delayed payment agreement.

   6. (6)

      1. (A) The LEC may require some form of identification of the customer or the person making the agreement.
      2. (B) If the information is not provided or is not acceptable evidence of identity, the LEC may refuse to enter into a delayed payment agreement.

   7. (7)

      1. (A) LECs may restrict toll calling access to the customer as part of the delayed payment agreement if:

         1. (i) The customer owes more than one hundred dollars ($100) in toll charges on the bill upon which the customer requests a delayed payment agreement; and
         2. (ii) Any of the conditions of 23 CAR § 466-402(a)(1), (a)(2), (a)(3), (a)(4), or (a)(5) apply to that particular customer.

      2. (B) Exception.

         1. (i) This subsection shall not be applied if the customer can establish that toll access is:
8. (a) (a) Needed due to a medical condition; or

9. (b) (b) Used to monitor a medical condition remotely.

   1. (ii) The delayed payment agreement form the LEC uses in instances when a toll is proposed to be restricted must include information telling the customer about these exceptions.

10. (g) Delayed payment agreements arranged by telephone.

    1. (1) Delayed payment agreements arranged by telephone shall meet all requirements of this section.

    2. (2)

       1. (A) The LEC may require some form of identification that can be provided by telephone to verify the customer’s identity.
       2. (B) If the information is not provided or is incorrect, the LEC may refuse to enter into a delayed payment agreement by telephone.
    3. (3) The LEC must receive the down payment by the close of business on the third business day after the date the agreement was requested.
    4. (4) An LEC shall document all delayed payment agreements arranged by telephone, including any failure to pay the down payment within three (3) business days.

11. (h) Delayed payment agreement procedure.

    1. (1) All delayed payment agreements:

       1. (A) Shall be explained;
       2. (B) Will be provided in writing; and
       3. (C) Must include relevant portions of this section, specifically subdivisions (e)(1) and (f)(3) of this section and subsections (i) – (m) of this section.

    2. (2)

       1. (A) When an LEC arranges a delayed payment agreement by telephone, the LEC shall send or give the customer a copy of the delayed payment agreement within five (5) business days of receiving the customer’s down payment.

       2. (B) An LEC may require the customer to sign the agreement and return it to the LEC within ten (10) days of making the agreement, but the customer’s signature is not necessary for validity and enforcement of the documented agreement under this section.

          1. (i) Minimum standards for delayed payment agreements.
    3. (1) The LEC may not require more than one-fourth (1/4) of the overdue bill as the down payment in order to enter into a delayed payment agreement.

    4. (2)

       1. (A) An LEC shall allow the customer to make equal installment payments for at least three (3) months from the date of the down payment.
       2. (B) The down payment shall not be considered an installment payment.

    5. (3) Exceptions.

       1. (A) Subdivisions (i)(1) and (2) of this section do not apply when an LEC corrects an underbilling.
       2. (B) See 23 CAR § 466-514(c)(2).

    6. (4) In offering terms for an agreement, an LEC may take into account the:

       1. (A) Customer’s ability to pay;
       2. (B) Size of the unpaid account;
       3. (C) Customer’s payment history with the LEC; and
       4. (D) Reason payment is late.

12. (j) Renegotiating the delayed payment agreement.

    1. (1) If a customer can substantiate a change in ability to pay resulting from a serious medical condition or the loss of a major source of income, the LEC must document its good-faith effort to renegotiate a delayed payment agreement one (1) time during the period of the agreement.
    2. (2) The customer loses this right if any term of the delayed payment agreement is not kept.
    3. (3) A renegotiated agreement is not a new delayed payment agreement.

13. (k) Finance charge on delayed payment agreements. An LEC may charge interest on delayed payment agreement installments.

    1. (l) Suspension of service. An LEC may suspend service without prior written notice, subject to the conditions of 23 CAR § 466-604(b), if a customer does not keep the terms of a delayed payment agreement or extension agreement.

       1. (m) Right to complain. A customer does not give up any right to complain to the Arkansas Public Service Commission by:
    2. (1) Signing a delayed payment agreement; or
    3. (2) Entering an extension agreement.

Codification Notes: This section was promulgated as Rule 6.12 of the Telecommunications Providers Rules prior to codification in the Code of Arkansas Rules.