65-407 C.M.R. ch. 202
SUMMARY: This rule, applicable to all telephone utilities that offer basic local exchange service, establishes rules for the billing and collection of audiotext or pay-per-call services. The rule requires a minimum bill format and describes the minimum content of customer education materials that must be issued by telephone utilities.
For the purposes of this rule the following terms shall have the meaning set forth below unless the context clearly indicates a different meaning:
A. Audiotext services. "Audiotext services" means informational or other services for which, in addition to any message telecommunications service charge, a fee is charged on a per-call or per-minute basis or some combination thereof by a provider that leases telephone lines from an interexchange carrier or a telephone utility. This term includes informational or other services provided for a charge, in addition to any message telecommunications services charges, by means of prerecorded messages or interactive recordings, as well as similar services provided for a charge by means of a collect telephone call to consumers. Audiotext services are accessed by the customer by using dialing codes 900, 976, 940 or 550.
B. Basic telephone service. "Basic telephone service" provides the user with the ability to make and receive calls within a local telephone exchange, and to make and receive both intra- and inter-LATA toll calls.
C. Commission. "Commission" means the Public Utilities Commission.
D. Provider. "Provider" means the person or organization providing audiotext services to consumers for a charge.
E. Telephone Utility. "Telephone utility" means a telephone utility as defined in 35-A M.R.S.A. § 102(19) that provides local exchange service to Maine customers and that bills and collects for audiotext services.
A. A telephone utility shall not disconnect or threaten to disconnect a customer's basic telephone service because of the customer's failure to pay an audiotext service charge. A telephone utility must treat audiotext service charges as "non-
basic utility service" as that term is defined in Chapter 810 of the Commission's rules.
B. A telephone utility may seek to disconnect or block a customer's ability to make calls to audiotext service providers if a customer has repeatedly failed to pay undisputed charges for audiotext services. The term "repeatedly" means that the customer has failed to pay for undisputed audiotext charges in excess of $50.00 after the issuance of at least two monthly bills. Prior to disconnection of a customer's ability to make calls to audiotext service providers, the telephone utility shall issue a disconnection notice that informs the customer that the notice does not threaten the customer's basic telephone service and contains a disclosure of: the overdue amount for audiotext services; the disconnection date; a statement of the customer's right to dispute the action by first attempting to resolve the dispute with the utility and then, if not satisfied, appeal the dispute to the Consumer Assistance Division; the title and telephone number of the utility representative to contact; and any reconnection charge. The disconnection notice shall, at a minimum, contain a due date at least three (3) business days after the postmark or mail date of the notice.
A. Comprehensive blocking. Comprehensive blocking is a customer-initiated block of all audiotext services. A telephone utility must offer all one-party residential and single-line business customers an initial opportunity to block and also to unblock access to all audiotext services at no extra charge. Thereafter, the maximum charge for either blocking or unblocking access to audiotext service providers shall not exceed $5.00.
B. Selective blocking. Selective blocking is a customer-initiated request to block one or more individual audiotext service numbers. A telephone utility may offer any class of customers the opportunity to block individual audiotext service numbers at a charge not to exceed $5.00 per request.
C. Presumptive blocking. Presumptive blocking is a telephone utility-initiated block of one or more classes or types of audiotext services. A telephone utility may provide blocking of all customers to one or more classes or types of audiotext services on a presumptive basis, after a 30-day notice to all customers. When this service is provided, the telephone utility must offer customers the opportunity to unblock access to all or any class or type of audiotext services at no charge when technical facilities exist. Thereafter, the charge for blocking or unblocking shall not exceed $5.00. Presumptive blocking may be provided only upon a finding by the Commission that it is in the public interest.
D. A telephone utility must offer the blocking services described in subsections A, and may offer the services described in subsections B or C, above, in every
central office that is capable of offering a blocking service.
E. A telephone utility that has not complied with or cannot comply with this section by the effective date of this rule may apply to the Commission for an extension for good cause. The request must be in writing and contain facts demonstrating that compliance with this section will work a hardship on the utility. The application must contain:
1. The reason why the deadline cannot be met;
2. When the utility proposes to comply; and
3. The cost of complying with the deadline and the savings incurred if the delay is granted.
A. A telephone utility must individually highlight or identify the charges for audiotext services that appear on a bill for basic telephone service. A telephone utility can comply with this requirement by one or more of the following methods:
1. Print the telephone number, length of call and charges for the audiotext service charge in a different color ink, or a distinctively different type font or type size;
2. Highlight the entire line item for the audiotext service charge by using a lighter or darker shade of color than the printed text;
3. Provide a symbol that is conspicuously displayed by different color ink, or the use of the largest type size or darkest ink color in use on the bill, at the beginning of the line item for each audiotext service charge or in a separate column or field adjacent to the charges for the audiotext call; or
4. Separately list and subtotal audiotext service charges that appear on the bill, either by individual telephone utility or interexchange carrier or for all audiotext service charges.
B. In the case of the options described in paragraphs 1 through 3, above, the bill must contain a legend at the bottom of each bill page that informs the customer that the method chosen identifies "PAY-PER-CALL CHARGES".
C. A telephone utility must comply with this section no later than September 30, 1992 and may apply for a waiver from the provisions of this section in the same manner and for the same reason set forth in Section 3(E), above.
A. A telephone utility must inform all customers at least four times each calendar year of their rights and responsibilities concerning the provision of audiotext services. This information may be provided with a monthly bill or in a separate mailing.
B. At a minimum, the customer education material must include the following information:
1. A definition of audiotext services;
2. How audiotext service charges are identified on the customer's bill;
3. How a customer can dispute audiotext service charges;
4. How a customer can block audiotext service calls from their telephone and at what charge; and
5. A statement that informs the customer that their basic telephone service is not at risk for failure to pay for audiotext service charges.
A. A telephone utility must follow the minimum dispute resolution provisions of Chapter 810 and Chapter 860 of the Commission's rules when the customer disputes an audiotext service charge.
B. Upon receipt of the customer's dispute, the telephone utility must either delete that audiotext service charge from the customer's bill for basic telephone service or investigate and attempt in good faith to resolve the dispute. Any investigation must, at a minimum, include a demonstration that the audiotext service provider has complied with the applicable rules of the Federal Communications Commission and any applicable rules adopted by the Attorney General pursuant to the Maine Unfair Trade Practices Act.
C. A telephone utility may refer a customer's dispute concerning an interstate audiotext service to the long distance company that bills for the audiotext service. However, the telephone utility must either remove the charge from the customer's bill or identify the charges on customer bills as subject to dispute while the dispute is pending at the long distance company. In the event a long distance company does its own customer dispute resolution, and does not rely on the telephone utility to provide dispute resolution for audiotext service charges, the
long distance company shall either remove the charge from the customer's bill or identify the specific charges in dispute on the bill while the dispute is pending.
STATUTORY AUTHORITY: Title 35-A, §§ 104, 111, 301 and 801-808.
This rule was approved as to form and legality by the Attorney General on March 27, 1992. It was filed with the Secretary of State on March 27, 1992 and will be effective on April 1, 1992.
May 4, 1996
March 26, 1999