170 IAC 7-6-3 - Notice to the commission; notice to customers
Authority: IC 8-1
Affected: IC 8-1-2-58; IC 8-1-2-69
Sec. 3.
(a) When a
LEC serves a notice of disconnection upon another LEC, the notice of
disconnection shall be served simultaneously upon the following:
(1) The communications division director of
the commission via personal service or certified mail, return receipt
requested.
(2) The LEC that is
subject to disconnection via certified mail, return receipt
requested.
(b) Five (5)
business days after the notice from the disconnecting LEC is mailed, the LEC
that is subject to disconnection must provide the communications division
director of the commission, in writing, with one (1) of the following:
(1) Proof of payment.
(2) The LEC's customer list, including each
customer's:
(A) name;
(B) address; and
(C) telephone number.
Absent a showing to the contrary, the LEC's customer list shall be deemed confidential on a preliminary basis by the commission.
(3) A copy of a
complaint, regarding:
(A) reasonable grounds
for nonpayment to the disconnecting LEC; or
(B) the subject of the disconnection notice;
filed with the commission under
170
IAC 7-7.
(c) If the LEC subject to disconnection fails
to provide the commission with:
(1) proof of
payment under subsection (b)(1); or
(2) a copy of a complaint under subsection
(b)(3); the LEC subject to disconnection must mail notice of disconnection to
its customers within ten (10) calendar days after the disconnection notice is
sent from the disconnecting LEC.
(d) The LEC subject to disconnection must
provide proof of mailing the customer disconnection notice to the
commission.
(e) The LEC's notice of
disconnection to its customers must include the following:
(1) A statement that the customer must
contact the communications service provider of his or her choice for new
service.
(2) The last date of
guaranteed service by the LEC.
(3)
The address and toll free number of the:
(A)
commission; and
(B) utility
consumer counselor.
(4)
A statement notifying the customer that if the customer fails to choose a new
communications service provider on or before the date of disconnection from the
LEC, the customer will be without telephone service.
(f) If the LEC subject to disconnection fails
to notify its customers or show proof of mailing disconnection notices as
required by subsections (c) through (e), the commission may do one (1) or more
of the following:
(1) Initiate an
investigation or other procedure in accordance with:
(A) IC
8-1-2-58;
(B) IC
8-1-2-69;
or
(C) other related
statutes.
(2) Request
the disconnecting LEC to provide any customer identifying information it may
have, which shall be treated as confidential on a preliminary basis by the
commission.
(3) Initiate customer
notification itself based on the information received in subsection (b)(2) and
subdivision (2).
(g) A
LEC may not disconnect another LEC until thirty (30) calendar days after the
disconnection notice is sent under subsection (a).
(h) A LEC shall not be disconnected without
adequate notice to its customers, either pursuant to the time frames in this
rule or as otherwise determined by the commission.
(i) This rule shall not prohibit a LEC from
rescinding its disconnection notice to customers after complying with
subsections (c) through (e) if the LEC makes payment to the disconnecting LEC
before its disconnection. The LEC shall notify the commission immediately if it
has rescinded its customer disconnection notice.
(j) This rule shall not apply where the
disconnecting LEC is without notice of either of the following:
(1) The provider being disconnected is
reselling the retail services of the disconnecting LEC to third
parties.
(2) The provider being
disconnected is using the retail facilities of the disconnecting LEC to serve
customers.
Notes
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