(a) Each
competitive local exchange carrier providing local service through a resale
arrangement shall provide its customers with at least a 30-day notice before
discontinuing service.
(1) The notice shall
clearly state the steps that customers must take in order to select another
local service provider and shall include a toll-free number that customers with
questions can call.
The exiting competitive local exchange carrier shall provide
sufficient customer support to answer calls to the toll-free number during the
30-day period before discontinuing service. The notice shall also include the
customer's billing address and service address, circuit identification number,
telephone number, specific service being provided, the date on which service
will be discontinued, and any other information that is reasonably necessary to
assist the customer in obtaining service from another local service provider.
If a customer had a preferred carrier freeze on the account, the exiting
carrier shall remove this freeze, and the notice shall inform the customer that
the preferred carrier freeze has been removed.
(2) A copy of the notice shall be provided to
the commission, each underlying local exchange carrier, and all affected
customers' presubscribed interexchange carriers.
(3) Within 10 days after the commission
receives a copy of the notice, additional notice requirements may be prescribed
by the commission, as it deems necessary.
(4) The exiting competitive local exchange
carrier shall not market or solicit the sale of its customer base after notice
is provided to customers in accordance with this subsection.
(b) If the competitive local
exchange carrier providing local service through a resale arrangement either
abandons service without providing notice consistent with the requirements of
subsection (a) of this regulation or abandons service after notice is provided
but before 30 days have passed, the underlying local exchange carrier shall
provide the customer with equivalent service for a limited time as required in
this subsection.
(1) Within five days after
the transfer of service, the underlying local exchange carrier shall notify
each transferred customer that service is now being provided by the underlying
local exchange carrier at that carrier's usual rate for the service. The notice
shall inform customers that they have 30 days to select a local service
provider. The notice shall include a list of providers approved by the
commission and a toll-free number that customers with questions can call. The
underlying local exchange carrier shall provide a copy of the notice to the
commission when the notice is provided to the customers.
(2) At least 15 days but not more than 20
days after the transfer of service, the underlying local exchange carrier shall
send a final notice to the transferred customers that have not chosen a new
local service provider, reminding the customers of the date by which they must
select a local service provider in order to avoid loss of service. The
underlying local exchange carrier may discontinue service to customers who have
not chosen a new provider by the specified date.
(3) The exiting competitive local exchange
carrier that abandoned service without notice to its customers shall be
required to reimburse the underlying local exchange carrier for the expense of
the notices required in this subsection.
(4) The exiting competitive local exchange
carrier shall not market or solicit the sale of its customer base after notice
is provided to customers in accordance with this subsection.
(c) Each competitive local
exchange carrier providing local service through an arrangement other than
resale shall provide the commission and the underlying local exchange carrier
with notice at least 45 days before discontinuing service. The notice shall
include the billing address and service address, telephone number, circuit
identification number, the specific service being provided, the date for
discontinuance of service for each affected customer in the underlying local
exchange carrier's service area, and any other information that is reasonably
necessary to protect the customer from loss of service.
(1) The exiting competitive local exchange
carrier and the underlying local exchange carrier shall be contacted by the
commission's staff to arrange for continuing service to the affected customers.
(2) Unless otherwise directed by
the commission, the exiting competitive local exchange carrier shall provide
the affected customers with notice at least 30 days before discontinuing
service.
The notice shall include the information required in subsection
(c), a list of providers available to the customer, and a toll-free number that
customers with questions can call. The exiting competitive local exchange
carrier shall provide sufficient customer support to answer calls to the
toll-free number during the 30-day period before discontinuing service. A copy
of the notice shall be provided to the commission, the underlying local
exchange carrier, and all affected customers' presubscribed interexchange
carriers. Within 10 days after the commission receives a copy of the notice,
additional notice requirements may be prescribed by the commission, as it deems
necessary.
(3) The exiting
competitive local exchange carrier shall not market or solicit the sale of its
customer base after notice is provided to customers in accordance with this
subsection.
(d) The
underlying local exchange carrier shall provide notice to the commission and
the competitive local exchange carrier before discontinuing service to the
competitive local exchange carrier for lack of payment or any other reason. The
notice shall be provided in a manner that provides the competitive local
exchange carrier with adequate time to comply with the notification
requirements in this regulation.
(e) Each carrier that reaches an agreement to
purchase or otherwise agrees to serve the entire customer base of another
carrier shall provide notice to the affected customers pursuant to
47 C.F.R.
64.1120, as in effect on April 18, 2002,
which is adopted by reference. Each carrier shall furnish the commission with a
copy of each notice provided pursuant to
47 C.F.R.
64.1120 when the notice is sent to the
federal communications commission.
(f) An underlying local exchange carrier
shall not be subject to claims of unwanted or unlawful provision of service if
the transfers of service are consistent with the requirements of this
regulation.
(g) Each competitive
local exchange carrier that has discontinued service shall relinquish all
assigned central office codes and all assigned blocks of numbers and shall
provide written notice of the relinquishment to the North American numbering
plan administrator in accordance with the current guidelines of the industry
numbering committee. The competitive local exchange carrier shall furnish the
commission with a copy of the notice when the notice is sent to the North
American numbering plan administrator.
