R746-240-6. Termination

A. Delinquent Account--

1. A service bill which has remained unpaid beyond the statement due date is a delinquent account. A telecommunications corporation shall not consider an account holder's bill past due unless it remains unpaid for a period of 20 calendar days after the billing date printed on the bill.

2. When an account is delinquent, the telecommunications corporation, before termination, shall issue a written late notice to inform the account holder of the delinquent status. A late notice or reminder notice must include the following information:

a. a statement that the account is a delinquent account and should be paid promptly;

b. a statement that the account holder should communicate with the telecommunications corporation's collection department, by calling the company, if the account holder has questions concerning the account;

c. a statement of the delinquent account balance, using a term such as "delinquent account balance."

3. When the account holder responds to a late notice or reminder notice, the telecommunications corporation's collections personnel shall investigate any disputed issue and shall attempt to resolve that issue by negotiation. If the dispute is not resolved, the telecommunications corporation's collection personnel shall inform the account holder that he may make application to the Division of Public Utilities for a review and disposition pursuant to Section R746-240-7, Review and Resolution of Disputes. During this investigation and negotiation and a subsequent review by the Division of Public Utilities no other action shall be taken to terminate the local access service if the account holder pays the undisputed portion of the account, subject to the telecommunications corporation's right to terminate service pursuant to R746-240-6(D), Termination Without Notice.

B. Reasons for Termination--

1. Service may be terminated by a telecommunications corporation for the following reasons:

a. nonpayment of billed and delinquent charges, deposits, deferred payments owed to the telecommunications corporation;

b. abusive use of the telephone services in a manner that interferes with the service of another person;

c. intentionally using the service in a manner that causes wrongful billing charges to another person;

d. intentionally using the service to transmit messages or to locate a person to give or obtain information, without payment of appropriate message charges;

e. using the service with fraudulent intent by impersonating someone else;

f. using the service for unlawful purposes;

g. tampering with or destroying company lines, equipment or other properties;

h. subterfuge or deliberately furnishing false information when applying for and obtaining telephone services;

i. abandonment of the service.

2. The following shall be insufficient grounds for termination of service:

a. a delinquent account, accrued prior to the commencement of a divorce or separate maintenance action in the courts, in the name of a former spouse;

b. cohabitation of a current account holder with one who is a delinquent account holder who was previously terminated for non-payment, unless the current and delinquent account holders also cohabited during the time the delinquent account holder received the telecommunications corporation's service, whether such service was received at the current account holder's present address or another address;

c. when the delinquent account balance is $15.00, or less, except when a delinquent balance has accrued for more than 3 months.

d. delinquency in payment for service by a previous occupant at the premises to be served other than a member of the same family or household;

e. failure to pay any amount in a bona fide dispute before the Division or Commission.

C. Medical Emergency/Medical Facilities--

1. A local exchange carrier shall postpone discontinuance of service of a residential customer for 30 days from the date of a certificate of a licensed physician which states that discontinuance of service will aggravate an existing medical emergency or create a medical emergency for the customer, a member of his family, or other permanent resident on the premises where service is rendered. This postponement shall be limited to a single 30-day period or a lesser period as may be agreed upon by the telecommunications corporation and the account holder. A person whose health is threatened or illness aggravated may petition the Commission for an extension of time.

2. The notice or certificate of medical emergency must be in writing and show clearly the name of the person whose illness would be exacerbated by discontinuance of service, the nature of the medical emergency, the specific manner in which the discontinuance of service will aggravate or create a medical emergency, and the name, title, and signature of the physician certifying the medical emergency.

3. In instances when discontinuance of service is delayed for medical reasons, the telecommunications corporation may restrict the ability of the account holder to place toll calls. The account holder shall pay the appropriate rates for toll restriction service.

D. Termination Without Notice--A telecommunications corporation may terminate local access without notice when, in its judgment, a clear emergency or serious health or safety hazard exists, or when there is unauthorized use of or diversion of a telecommunications corporation service or tampering with lines, or other property owned by the telecommunications corporation. The telecommunications corporation shall notify the account holder of the reason for the termination of service.

E. Notice of Proposed Termination--The account holder shall be notified in writing of the telecommunications corporation's intention to discontinue service and be allowed no less than seven days from the mailing date to respond to the notice. Notices of proposed discontinuance of service shall state:

1. the reasons for and date of scheduled discontinuance of service;

2. actions which the account holder may take to avoid discontinuance of service;

3. a statement of the customer's rights and responsibilities under existing state law and Commission rules.

F. Effort to Contact the Account Holder--

1. On the business day prior to actual discontinuance of telecommunications service, a representative of the telecommunications corporation shall make a reasonable effort to contact the account holder affected, either in person or by telephone, to apprise the account holder of the proposed action and steps to take to avoid or delay discontinuance. This oral notice shall include the same information required for written notice. Each local exchange carrier shall maintain clear, written records of these oral notices, showing dates and names of employees giving the notices.

2. The telecommunications corporation shall make reasonable efforts to personally contact a third party designated by the residential account holder before termination occurs, if the third party resides within its service area. The telecommunications corporation shall inform its account holders of the third party notification procedure in its statement of customer rights and responsibilities.

G. Termination--Upon expiration of the notice of proposed termination, the telecommunications corporation may terminate service.

H. Account Holder Requested Termination--An account holder shall advise a telecommunications corporation at least three days in advance of the day on which he wants local access service disconnected. The telecommunications corporation shall disconnect the service within one working day of the requested disconnect date. The account holder shall not be liable for services rendered to or at the address or location after 11:59 p.m. of the requested disconnect date.