Section 735.10  Definitions

 

"Act" – the Public Utilities Act [220 ILCS 5].

 

            "Applicant" – a person who applies for telecommunications service. Includes persons seeking reconnection of their service after Company-initiated termination.

 

            "Business Service" – is telephone service where the use of the service is primarily or substantially of a business, professional, institutional, or otherwise occupational nature and as further defined in the Company's tariffs.

 

            "Commission" – the Illinois Commerce Commission.

 

            "Company" – telephone company or telecommunications carrier under the jurisdiction of the Illinois Commerce Commission.

 

            "Customer" – any person who agrees to pay for telecommunication services provided by a telephone company.

 

            "Discontinuance" – temporary (10 days or less) disconnection of telecommunications service.

 

"Electing Provider" – has the same meaning as ascribed in Section 13-506.2(a)(1) of the Act.

 

"Network Access Line" – the connecting facility between a customer's premises network interface device and the local exchange carrier's facility that provides access to the switching network for local exchange and interexchange telecommunications service.  This includes the network interface or equivalent, the outside plant facilities, the office frame and frame wiring, and the office line termination.

 

"NSF Check" – any negotiable instrument returned by a bank, savings institution, or other eligible institution that is returned by that institution with one of the following instructions:

 

•   not sufficient funds;

 

•   uncollectible funds;

 

•   account closed;

 

•   account frozen;

 

•   no account.

 

            "Person" – a natural person, firm, partnership, corporation, association, municipality, cooperative, organization, governmental agency, real estate trust, or other legal entity.

 

            "Residential Service" – telephone service where the major use of the service is of a social or domestic nature and business use, if any, is merely incidental; and where the service is located in a residence or, in the case of combined business and residential premises, where the service is located in bona fide residential quarters of the premises and business service is located in the business quarters of the same premises, and as further defined in the Company's tariffs.

 

            "Termination" – permanent disconnection of telecommunications service.

 

            "User" – any person who uses telecommunications service provided by a company under the jurisdiction of the Illinois Commerce Commission.

 

(Source:  Amended at 37 Ill. Reg. 8373, effective July 1, 2013)

 

Section 735.20  Policy

 

The purpose of this Part is to establish fair and equitable rules and procedures governing the establishment of credit, billing, deposits and termination of service for telephone utilities taking into account the duty of the company, customer, applicant, and user to demonstrate good faith in all transactions and disputes.

 

Section 735.30  Scope and Application

 

a)         This Part shall apply to all telephone companies under the jurisdiction of the Commission in the offering or providing of noncompetitive telecommunications services as defined in Section 13-210 of the Act and shall regulate the:

 

1)         establishment of procedures governing eligibility for service, billing, deposits, and payment practices; and

 

2)         establishment of conditions under which service may be discontinued or terminated.

 

b)         A telephone company that is an electing provider shall comply with this Part when offering or providing the optional packages required by Section 13-506.2(d) of the Act or stand-alone residential network access lines.

 

c)         Except as otherwise provided in this Section, this Part sets forth the minimum general requirements and shall apply to any telecommunications carrier as defined as such by the Act that engaged in providing noncompetitive telecommunications telephone service and that comes under the jurisdiction of the Commission, provided that this Part also applies to electing providers only with respect to the offering or provision of the optional packages required by Section 13-506.2(d) of the Act and stand-alone residential network access lines.

 

d)         This Part shall supersede any rate, rule, regulation or condition of service that any telephone utility presently has on file with the Commission.  If any rate, rule, regulation or condition of service, or portion thereof, fails to meet the minimum general requirements in this Part, the utility shall refile that rate, rule, regulation or condition of service to conform with the provisions of this Part within 90 days after February 4, 1983.  Any rate, rule, regulation or condition of service, or portion thereof, that fails to meet the minimum general requirements in this Part shall be considered null and void 91 days after February 4, 1983.

 

(Source:  Amended at 37 Ill. Reg. 8373, effective July 1, 2013)

 

Section 735.40  Discrimination Prohibited

 

No company shall discriminate against or penalize a customer in any way for exercising any right or remedy granted by this Part.

 

Section 735.50  Variance

 

The Commission, on application of a company, customer, applicant, or user or on its own motion, may grant a temporary or permanent variance from this Part in individual cases where the Commission finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

Section 735.60  Saving Clause

 

The adoption of this Part shall in no way preclude the Commission from altering or amending it, in whole or in part, or from requiring or authorizing rules containing other provisions whenever it shall be deemed in the public interest to do so.

 

Section 735.70  Customer Billing

 

a)         Billing Procedures

            Bills to customers shall be issued on a monthly basis.  Bills shall be itemized as set forth in subsection (b) of this Section.

 

b)         Itemization of Charges

 

1)         All bills for residential and single-line business customers shall contain an itemization of charges.  Itemization of every monthly billing shall include, but not be limited to:

 

A)        exchange access (basic local service) as requested by customer;

 

B)        local service;

 

C)        extended area service;

 

D)        equipment;

 

E)        enhanced and other local services;

 

F)         the period of time for which the local service and equipment charges apply;

 

G)        if a local exchange company has assumed responsibility of collection for toll calls, it shall include an itemization of all toll calls charged to the account including, but not limited to the date and time of the call, the rate which applied to the call, the length of the call in minutes, the destination of the call, or point of origin for collect and/or third party calls;

 

H)        the phone number of the appropriate company business office;

 

I)         the due date of the bill; and

 

J)         the separate listing of the following:

 

i)          additional charges due to state messages tax,

 

ii)         municipal messages tax,

 

iii)        municipal consumer tax, and

 

iv)        federal excise tax.

 

2)         Upon request, a company shall provide its customers with an itemization of service and equipment charges (but excluding message unit charges, as provided for in the company's tariff) once every calendar year free of charge.  This itemization shall also include the phone number of the local company business office which the customer may contact to receive further information concerning the service and equipment charges listed on such itemization.

 

3)         Where a company is able to provide an itemized billing for local message detail, the customer may request the company to provide such message unit detail for one billing period free of charge one time every six months or if a dispute exists as to the accuracy of the bill.  This waiver of charges shall not apply to customers who contract with the company for monthly message detail.

 

c)         Delivery of Bills

            Customer bills sent through the United State mail shall be in envelopes and shall include return envelopes for payment of customer bills, unless the customer has elected to pay the bill electronically.

 

d)         Transferring Billing for Past Due Service

            Charges for business service shall not be transferred to a bill for residential service, nor shall charges for residential service be transferred to a bill for business service.  A company may transfer billing to another account of the same customer of the same class (business or residential) when a final bill remains unpaid after the due date.

 

e)         Adjustments for Interrupted Service

            In the event that a customer's basic (i.e., residence, business, Private Branch Exchange (PBX)) service is interrupted and remains out of service for more than 12 hours after being reported to or found to be out of service by a company, appropriate adjustments shall be made to the customer's account upon request with a minimum of credit for 24 hours.  The adjustment shall be the pro rata part of the month's charge for local exchange service for the period of days service was inoperative and shall be accomplished by a credit on a subsequent bill for telephone service. A check shall be issued if the final bill shows no amount owed.  This provision shall not apply when the service interruption is caused by:

 

1)         the negligence or willful act of the customer,

 

2)         customer provided facilities, or

 

3)         electric power failure where the customer furnishes such electric power.

 

f)         Third Number Billing

            On third number calls the operator may attempt to verify the authority to bill to the third number by calling the third number to get permission to bill the call to that number.  Any third number calls that are billed to but denied by the billed party shall be removed from the bill unless these calls were verified in accordance with this paragraph.

 

g)         Unbilled Service

 

1)         Bills for service supplied by a company must be rendered within one (1) year of the date such service was supplied.  No customer shall be liable for any amount of unbilled service after one (1) year.  A company is not restricted to the above one (1) year limitation on unbilled service if a company has reason to believe that the customer used a device or scheme to obtain service without payment and where the company has so notified the customer prior to disconnection.

 

2)         When delinquency occurs following the issuance of a bill for previously unbilled service, except where the customer has avoided payment as described in the preceding paragraph, a company shall review the bill with the customer, and shall offer to accept payments toward the liquidation of the amount of unbilled service over a period mutually agreed to by the company and customer.  This period of time shall be at least as long as the period over which the unbilled or underbilled service was provided.

 

h)         Refunds

 

1)         In the event that a customer pays a bill as submitted by a telephone utility and the billing is later found to be incorrect due to an error either in charging more than the published rate, in measuring the quantity or volume of service provided, or in charging for the incorrect class of service, the utility shall refund the overcharge with interest from the date of overpayment by the customer.

 

2)         The rate of interest shall be the rate as established by the Commission to be paid on deposits in Section 735.120 (h) (1) of this Part.

 

3)         The refund shall be accomplished by a credit on a subsequent bill for telephone service, or by check if the account is final, or if so requested by the customer.

 

i)          Special Toll Bills

 

1)         If a customer accumulates unusually high charges for toll calls in a short period of time, and that customer's credit record indicates that satisfactory payment may not be made on this amount, a company may issue a special toll bill.  Such special toll bills shall be due ten (10) days from the issuing date of the bill, seven (7) days if delivered by hand.

 

2)         A company may render a special toll bill to a residential customer only during the first twenty-four (24) months of that customer's telephone service.  No such limitation, however, shall be imposed in the case of business customers.

 

3)         For the purpose of this subsection (i), an unusually high toll bill shall be considered to be an amount in excess of 175 percent of the average of the past three months' toll bills or an average toll bill for that class of service if three months' actual data is not available.

 

j)          Electronic Billing and Payment

            If the company offers electronic billing, customers may elect to have their bills sent electronically.  Such bills shall be transmitted with instructions for payment.  Information sent electronically shall be deemed to satisfy any requirement in this Part that such information be printed or written on a customer bill.  Bills rendered in accordance with this Section may be paid electronically.

 

(Source:  Amended at 18 Ill. Reg. 4146, effective March 15, 1994)

 

Section 735.80  Deferred Payment Agreements

 

a)         Applicability

            Residential customers who are indebted to a company for past due utility service shall have the opportunity to make arrangements with the company to retire the delinquent amount by periodic payments referred to hereinafter as a Deferred Payment Agreement.  All applicants for service, nonresidential customers and customers who have failed to make payment under such a plan during the past twelve (12) months, who are indebted to a company for past due utility service, may have the opportunity, at the discretion of the company, to make arrangements with the utility to retire the debt by periodic payments referred to hereinafter as a Deferred Payment Agreement.

 

b)         Terms and Conditions

            The terms and conditions of a Deferred Payment Agreement shall be determined by a company after consideration of the following:

 

1)         size of the past due account;

 

2)         customer's or applicant's ability to pay;

 

3)         customer's or applicant's payment history;

 

4)         reasons for the delinquency; and

 

5)         any other relevant factors relating to the circumstances of the customer's or applicant's service.

 

c)         Downpayment

            A company may require an applicant for residential service or a residential customer to pay no more than Ό of the amount past due and owing at the time of entering into a Deferred Payment Agreement.  The company may require an applicant for business service or a business customer to pay no more than ⅓the amount past due and owing at the time of entering into the deferred payment agreement.  The company shall allow the customer or applicant a minimum of four months from the date of said agreement and a maximum of twelve months in which to complete payment pursuant to a Deferred Payment Agreement.

 

d)         Agreement to be in Writing

            A Deferred Payment Agreement shall be in writing, with a copy provided to the applicant or customer, and shall conform to the following requirements:

 

1)         the applicant or customer shall be required to pay all future bills for utility service by the due date; and

 

2)         the applicant or customer shall retire the delinquent amount according to the terms of the Deferred Payment Agreement.

 

e)         Default and Disconnection

            If an applicant or customer shall default upon any payment due under the Deferred Payment Agreement, all amounts owed pursuant to the agreement become payable immediately and a company shall have the right to discontinue service, pursuant to proper notice.

 

Section 735.90  Preferred Payment Dates

 

When a customer establishes the regular inability to pay the bill on the Due Date (Section 735.160(a)) because of extenuating circumstances, such as the receipt of a monthly social security or benefit check which is out of the billing cycle, a company shall provide a Preferred Payment Date for that customer, not to exceed ten (10) days after the Due Date.  If the customer fails to pay by the Preferred Payment Date more than one time in a six month period, the arrangement may be canceled and the original Due Date reestablished.

 

Section 735.100  Applicants for Service

 

a)         Where a company's tariff provides for various types of service in an exchange, the applicant shall be advised of the one-party service with the lowest basic monthly service charge and lowest monthly charge for leased equipment or the lowest purchase price for company-marketed equipment for the type of service (business or residential) requested.

 

b)         As a part of the first bill rendered for utility service to a new residential or single-line business customer, a company shall provide the customer with a listing of all services and leased telephone equipment which shall be provided to that customer, with an itemization of the monthly charges applicable thereto.  The first bill shall also show the lowest basic local service charge available for the type of service supplied.  If the customer notifies the company within 20 days after receiving his/her first bill that the customer does not desire to receive certain services or equipment, the company will delete such services or equipment from the customer's account.  The customer shall be responsible for all monthly usage and installation charges incurred for the use of such service and equipment. No company, however, shall charge a record keeping or service ordering charge for such deletion or change.

 

c)         A company shall establish a written procedure governing requirements for establishment of credit.

 

d)         A company shall provide a listing of acceptable credit information, pursuant to its tariffs, to each applicant for service who is required to furnish credit information.  This listing shall indicate the order of preference of this information, if any, and shall indicate what information that particular applicant must furnish in order to obtain service.

 

e)         Credit information

 

1)         If an applicant for service is unable to provide satisfactory credit information, the company may refuse to provide service unless the applicant furnished a deposit, pursuant to Section 735.120.

 

2)         For residential applicants for service, satisfactory credit shall be based upon the following standards:

 

A)        If the applicant has verifiable previous service with any telephone company for at least twelve months and the payment record on the account was satisfactory, the applicant would obtain service without a deposit.

 

B)        If the applicant had not paid for the previous service, or the previous service had been disconnected for nonpayment within the past twelve months, the company may require a deposit prior to the connection of telephone service.

 

C)        If the applicant does not have verifiable service, or if the applicant had previous service for less than one year, the applicant would be requested to provide further credit information.  The applicant would be requested to provide proof of:

 

i)          home ownership;

 

ii)         employment of two years or more with the current employer;

 

iii)        major oil company credit card;

 

iv)        major credit card;

 

v)         checking account;

 

vi)        savings account;

 

vii)       age of 50 years or more.

 

3)         If the applicant is unable to provide affirmative responses to two of these credit criteria in subsection (e)(2) above, the company may request the applicant to furnish a deposit prior to the connection of telephone service.

 

4)         For business customers, each company shall submit to the Commission a credit evaluation plan.  In evaluating the company's credit evaluation plan the Commission will take into consideration whether the plan establishes reasonable criteria in relation to the risks the company might expect to experience from business customers, whether the criteria can be determined by objective, rather than subjective standards, and whether the criteria do not unreasonably discriminate against any class or group of commercial customers.

 

f)         If a company finds that the applicant for service has failed to pay for past due telephone service of the same class provided by any telephone company, the company may refuse to provide service unless the applicant, at the option of the company, pays any past due bill and/or furnishes a deposit pursuant to Section 735.120. For purposes of this subsection, a company may refuse to provide service if the applicant is liable for a past due bill for telephone service pursuant to Section 15 of the Rights of Married Persons Act [750 ILCS 65/15], unless the applicant, at the option of the company, pays any past due bill and/or provides a deposit pursuant to Section 735.120 and/or enters into a deferred payment agreement pursuant to Section 735.80.

 

g)         If verification of the applicant's credit is required, the company shall provide service if the applicant furnishes advance payment of both the applicable charges for connecting service and the estimated charges for the first 30 days of service.  If the verification of credit provides unsatisfactory credit information, the applicant will be informed of the reason or reasons, after which the company may refuse to provide or continue service until the customer provides a deposit or guarantor, pursuant to Section 735.120.  If the applicant so requests, the company shall provide these reasons in writing to the applicant.

 

h)         When the company takes applications by telephone from third parties or users who will not be the customers of the service, and the company does not verify the third party or user application with the customer, the company shall not be entitled to collect from the customer of the service if the customer disclaims any responsibility for requesting the service within 20 days from the date of mailing of the first bill; provided, however, that users will be responsible for paying for any message unit or toll charges which accrue to the account.

 

(Source:  Amended at 18 Ill. Reg. 17981, effective December 15, 1994)

 

Section 735.110  Present Customers

 

a)

1)         A company may request a deposit, pursuant to Section 735.120 herein, from any customer during the first twelve (12) months that a customer receives service if the customer, during that period, pays late four times or has service discontinued for nonpayment two times.

 

2)         Prior to requesting a deposit from a customer for reasons of late payment, the company shall advise the customer of the availability of a Preferred Payment Date pursuant to Section 735.90 of this Part

 

3)         A company may request a deposit from any customer after the first twelve (12) months that the customer has received service if the customer has had service discontinued two times in a twelve (12) month period, or if the company provides evidence that the customer used a device or scheme to obtain service without payment.  The company may also request a deposit from any nonresidential customer after the first twelve (12) months the customer has received service if the customer pays late at least six (6) times during any twelve (12) month period.

 

b)         The company requesting a deposit for any of the reasons stated in this Section shall make such request within 45 days after the event giving rise to the request takes place.

 

c)         A present customer whose service is terminated for nonpayment becomes an applicant for service and will be subject to the provisions of Section 735.100(b), (c), and (e) herein for purposes of establishing service.

 

d)         A customer who transfers service from one location or address to another within the Company's service territory shall be considered to be a present customer and shall not be subject to the rules for applicants for service contained in Section 735.100 of this Part.  However, the company shall still be required to provide a complete listing of charges pursuant to Section 735.100(b).

 

Section 735.120  Deposits

 

Conditions under which a company may request a deposit from applicants for service and present customers are set out in Sections 735.100 and 735.110 of this Part, respectively.

 

a)         Amount of Deposits – No company shall request a deposit from an applicant or customer in excess of the estimated charges for 2 months for residential service, and 4 months for business service. The estimated charges for customers shall be based on the average monthly billing of the past 6 months to that customer.  In the case of an applicant for service or a present customer who does not have 6 months service with the company, the company may use the average monthly bill for that class and type of service to determine the correct amount for that deposit.  The estimated deposit for an applicant may take into consideration past billing history for service of another company if service was provided within the State of Illinois and within 6 months of the application.  The Company's tariffs shall provide the methods by which deposits shall be calculated.  The amount of deposit may be adjusted by the company for a customer pursuant to Section 735.110.  The amount of the deposit may be adjusted at the request of the customer, applicant or utility at any time when the character or degree of use of the service materially changes or when it is clearly established that the character or degree of use of the service will materially change in the immediate future.

 

b)         Payment of Deposits – A utility may request that a maximum of ⅓ of the amount of a requested deposit from any customer be paid within 12 days after the date of the request for deposit.  An applicant may be requested to pay no more than ⅓ of the deposit amount prior to the establishment of service.  At least two billing periods shall be allowed for the balance of the deposit.  A customer or applicant may, at their option, pay the deposit on a more expedited schedule.

 

c)         Refund of Deposits

 

1)         Deposits plus interest shall be automatically refunded after being held for 12 months, so long as:

 

A)        the customer has paid any past due bill for service owed to the same company;

 

B)        service has not been discontinued for nonpayment,

 

C)        the customer has not paid late 4 times, or

 

D)        the company has not provided evidence that the customer used a device or scheme to obtain service without payment.

 

2)         If the company does not return a customer's deposit after 12 months, the company shall provide the customer with the reasons the deposit is being retained, if the customer so requests.

 

d)         Records of Deposits – The company shall maintain records of deposits together with interest, which collectively will show all transactions pertaining to each deposit.  The company shall provide the applicant or customer with a Deposit Receipt for any deposit received.  The Receipt shall show the customer's name, service address, serial number, type of service, amount of deposit, rate of interest on deposit, date received, Company's name, and a statement of the conditions under which the deposit will be refunded.

 

e)         Deposits plus interest shall be refunded when service has been terminated for more than 30 days, less the amount of unpaid bills, if any, for that service.  A transfer of service from one premise to another within the area served by the company shall not be deemed a termination of service by the company if the class of service remains the same.  When a deposit plus interest is applied to the liquidation of unpaid bills, the company shall provide the customer with a statement showing the amount of the unpaid bill(s) liquidated by the deposit plus interest, and the balance remaining due either to the customer or to the company.

 

f)         All deposit refunds shall be by separate check and not by credit to the customer's account unless the deposit is used to pay the customer's final bill.  When a deposit or portion of deposit is refunded, the company shall issue a Cancellation Notice carrying the same serial number as the Deposit Receipt and showing what portion of deposit is being refunded.  No refund of less than $1 need be issued.  When refunds are not deliverable, records shall be maintained to show a Company's efforts toward locating the applicant or customer, and delivering such refund.

 

g)         At the option of the company, a deposit plus interest may be refunded, in whole or in part, at any time earlier than the times prescribed in this Section.

 

h)         Interest Paid on Deposits

 

1)         Interest shall be paid on all deposits held by the utility.  The rate of interest will be the same as the rate existing for the average one-year yield on U.S. Treasury securities for the last full week in November.  The interest rate will be rounded to the nearest .5%.  In December of each year the Commission shall announce the rate of interest that shall be paid on all deposits held during all or part of the subsequent year.

 

2)         At the request of a customer, the company shall compute the accrued interest upon the deposit and pay such amount to the customer.  The company need not make such payment more often than once in a 12 month period, nor sooner than 12 months after receipt of a deposit.

 

i)          Guarantee in Lieu of Deposit

 

1)         In lieu of a deposit required by this Section, a company shall accept the written guarantee of a responsible party as surety for a residential service account.  A current customer of the same company with at least 12 months' service which has not been discontinued for nonpayment during the most recent 12 months qualifies as a responsible party.

 

2)         The form of each Company's guarantee must be filed with and approved by the Illinois Commerce Commission.  A guarantee shall be approved in accordance with these rules if it conforms to the following conditions:

 

A)        It shall be in writing.

 

B)        It shall state the terms of the guarantee (including the maximum amount guaranteed) and that the company shall not hold the Guarantor liable for sums in excess of that amount.

 

C)        This guarantee shall remain in full force and effect until 30 days after receipt by the company of a cancellation of this agreement from Guarantor.  However, the company is not obliged to release the Guarantor from their obligation if the company has reason to believe that the customer has used a device or scheme to obtain service without payment, and has so notified the customer.

 

D)        The maximum amount guaranteed shall not exceed the amount of the deposit which would have been charged the applicant or customer.

 

E)        The Guarantor shall be released from their obligation when the customer has met the criteria set forth in Section 735.120(c).

 

j)          A company shall agree to accept a Surety Bond in lieu of a cash deposit, provided that such surety bond has been issued by an insurance company that has received a certificate of authority from the Department of Insurance to do business in Illinois.

 

(Source:  Amended at 26 Ill. Reg. 7078, effective May 1, 2002)

 

Section 735.121  Refunds of Additional Charges

 

In the event that the Commission orders a telecommunications carrier to refund incorrectly calculated additional charges made pursuant to Section 9-221 or Section 9-222 of the Public Utilities Act, the telecommunications carrier shall pay interest on such refund at the rate established by the Commission to be paid on deposits in 83 Ill. Adm. 735.120(h)(1).

 

(Source:  Added at 18 Ill. Reg. 6164, effective May 1, 1994)

 

Section 735.130  Discontinuance or Refusal of Service

 

a)         The company may discontinue or refuse service for any of the following reasons:

 

1)         For failure to make or increase a deposit pursuant to Sections 735.100, 735.110, and 735.120;

 

2)         For failure to pay a past due bill owed to the company, including one for the same class of service furnished to the applicant or customer at the same or another location, or where the applicant or customer voluntarily assumed, in writing, responsibility for the bills of another applicant or customer.  For purposes of this subsection (a)(2), a company may discontinue service if the current customer is liable for a past due bill for telephone service pursuant to Section 15 of the Rights of Married Persons Act [750 ILCS 65/15], unless the customer, at the option of the company, pays any past due bill and/or provides a deposit pursuant to Section 735.120 and/or enters into a deferred payment agreement pursuant to Section 735.80;

 

3)         For failure to provide company representatives with necessary access to company-owned service equipment, after the company has made a written request to do so;

 

4)         For failure to make payment in accordance with the terms of a deferred payment arrangement;

 

5)         When a company has reason to believe that a customer has used a device or scheme to obtain service without payment and where the company has so notified the customer prior to disconnection;

 

6)         For violation of or noncompliance with a Commission order;

 

7)         For violation of or noncompliance with any rules of the company on file with the Commission for which the company is authorized by tariff to discontinue service for violation or noncompliance on the part of the customer or user;

 

8)         For violation of or noncompliance with municipal ordinances and/or other laws pertaining to service; or

 

9)         The customer's use of equipment adversely affects the company's service to others. This disconnection may be done without notice to the customer or user.

 

b)         The following shall not constitute sufficient cause for discontinuance or refusal of service:

 

1)         Except as specified in subsection (a)(2), failure to pay the past due bill of a previous customer of the premises to be served, unless the applicant for service voluntarily signed a form agreeing to assume responsibility for the bills of the previous customer, or the previous customer is currently a member of the same household as the applicant;

 

2)         Failure to pay charges for directory advertising;

 

3)         Failure to pay the past due bill for a different class of service (residential or business); or

 

4)         Failure to pay charges for terminal equipment or other telephone equipment purchased from the company, an affiliate, or a subsidiary.

 

c)         Discontinuance procedures. The company may discontinue service to a customer only after it has mailed or delivered by other means a written notice of discontinuance, substantially in the form of Appendix A. Service shall not be discontinued until at least five days after the notice is delivered in person or eight days after the notice is mailed to the customer. If the notice is mailed, the company shall maintain and retain, for a two-year period, any documentation of the date of mailing that the US Postal Service requires for the mailing method used by the company. If the notice is mailed by the company and the envelope is postmarked by the US Postal Service, then the date of the postmark shall satisfy this documentation requirement.

 

1)         The notice of discontinuance shall be delivered separately from any other written matter or bill.

 

2)         Notice of discontinuance shall not be delivered or mailed before the third business day following the due date shown on the bill.

                       

d)         The notice required by subsection (c) shall remain in effect for 20 days beyond the date of discontinuance shown on the notice.  The company shall not discontinue service beyond the 20 day period until at least five days after delivery of a new written notice of discontinuance or eight days after the postmark on a mailed notice.

 

e)         In addition to the written notice, the company shall attempt to advise the customer when service is scheduled for discontinuance.  The company shall not deliver more than two consecutive notices of discontinuance for past due bill without engaging in collection activity with the customer.

 

f)         Timing of the discontinuance

 

1)         Service shall not be discontinued for a past due bill after 12 noon on a day before or on any Saturday, Sunday, legal holiday recognized by the State of Illinois, or any day when the utility's business offices are not open for business.  Services may be discontinued only between the hours of 8 a.m. and 2 p.m., unless the company is prepared to restore service within three hours after receipt of payment, at the standard restoral charge, if any.

 

2)         Each company shall have personnel available until at least 5 p.m. on business days authorized to reconnect service if the conditions cited as grounds for discontinuance are corrected and any restoral charge specified by the company's tariff is paid.

 

g)         Service shall not be discontinued, and shall be restored if discontinued, when a present customer who is indebted to the company enters into a payment arrangement pursuant to Section 735.80 and complies with the terms of the arrangement.

 

h)         Service shall not be discontinued, and shall be restored if discontinued, for any reason that is the subject of a dispute or complaint pursuant to Section 735.190 and/or 735.200 while the dispute or complaint is pending and the complainant has complied with the provisions of those Sections.

 

i)          Service shall not be discontinued for an amount due the company that has not been included in a discontinuance notice.

 

j)          Nothing in this Section shall be construed to prevent immediate discontinuance of service without notice or the refusal of service for reasons of public safety or health.

 

(Source:  Amended at 34 Ill. Reg. 3263, effective March 1, 2010)

 

Section 735.140  Illness Provision

 

a)         Certificate of Illness

 

1)         A Telephone company shall postpone discontinuance of telephone service to a residential customer for thirty (30) days from the date of certification by a licensed physician that discontinuance of service will aggravate an existing medical emergency or create a medical emergency for the customer or a permanent resident in the customer's household.

 

2)         Initial certification shall prohibit discontinuance of service for thirty (30) days.  Certification may be renewed by the customer for one additional thirty (30) day period by providing another certificate to the utility.  Failure to so renew the certificate shall entitle the utility to initiate discontinuance procedures.

 

3)         Initial certification by the certifying physician may be by telephone if written certification is forwarded within five (5) days.

 

b)         Contents of Certificate

            This certificate of medical emergency must be in writing on stationery which clearly sets forth the name of the doctor, hospital, or medical clinic.  The certificate must clearly show the name of the person whose illness would be aggravated, the nature of the medical emergency, and the name, title, and signature of the licensed physician certifying the medical emergency.

 

c)         Payment Arrangements

            Within the first thirty (30) days the customer must enter into a Deferred Payment Agreement for the retirement of the unpaid balance of the account and keep the current account paid during the period that the unpaid balance is to be retired.

 

d)         Restoral of Service

            In the event service is discontinued within ten (10) days prior to certification of illness by or for a qualifying resident, service shall be restored to that residence if a proper certification is thereafter made in accordance with the foregoing provisions.

 

e)         Notice

            Notice of discontinuance of service sent to residential customers must include a notice substantially in the form of Appendix B herein.

 

Section 735.150  Payment for Service

 

a)         Payment shall be made by the due date shown on the monthly bill and will be by check, draft or other negotiable instrument denominated in U.S. dollars acceptable to the company or in United States currency.

 

b)         If the customer remits to the company on more than one occasion during a twelve (12) month period a check, draft, or other instrument which is dishonored the company may refuse acceptance of further checks and place the customer on a "cash" basis pursuant to its tariffs.  Under a "cash" basis the company may refuse acceptance of anything as payment other than United States currency, U.S. Postal Service money orders, or an instrument denominated in U.S. dollars and guaranteed by or issued by a third party acceptable to the company.  The company shall advise the customer in writing of the restriction and of the various options available in paying by "cash."

 

c)         Receipt of a subsequently dishonored negotiable instrument in response to a notice of discontinuance shall not constitute payment of a customer's account and no utility shall be required to issue additional notice prior to discontinuance.  However, three (3) banking days must be allowed for redemption of such instrument.

 

d)         The company may assess a charge for dishonored checks in accordance with tariffs approved by the Commission.

 

Section 735.160  Past Due Bills

 

a)         Due Date.

 

1)         The company shall retain documentation for a period of two years of the following:

 

A)        the due date of each bill; and

 

B)        the date each bill was mailed, delivered, sent or made available to each customer.

 

2)         The due date printed on the monthly bill may not be less than 21 days after the date upon which:

 

A)        the bill is mailed to the customer;

 

B)        the bill is delivered in person to the customer;

 

C)        the bill is sent electronically to the customer; or

 

D)        the customer is notified that the bill is available electronically.

 

3)         The bill shall include a bill date, which shall not be less than 21 days prior to the due date on the bill.

 

4)         If the company relies upon the US Postal Service for mailing bills to its customers, then the documentation required in subsection (a)(1)(B) may be satisfied by retention and, if necessary, production of the records created for the method of mailing required by the US Postal Service.

 

5)         If the company employs a method of mailing with the US Postal Service whereby a postmark with date is applied to the mailing, then the company shall not be obliged to maintain the documentation required in subsection (a)(1)(B).

 

b)         Payment at Company Offices or Authorized Agents.

            Payment made in person at the company's office or authorized agent shall be deemed received the date payment is made.

 

c)         Night Depository Payments.

            Payment made in the company's night depository shall be deemed received on the next full business date.

 

d)         Late Payment Charges.

            The company may assess a late payment charge in accordance with tariffs approved by the Commission against the amount considered past due under this Section.

 

(Source:  Amended at 34 Ill. Reg. 3263, effective March 1, 2010)

 

Section 735.170  Service Restoral Charge

 

a)         When service has been discontinued pursuant to Section 735.130 herein, the company may charge and collect the restoral charge, if any, set forth in its rules, regulations or terms and conditions of service which are on file with the Commission.  Such rules, as filed, shall provide for automatic waiver of the customer's first service restoral charge of each calendar year.

 

b)         When service has been discontinued for nonpayment and payment has not been received or satisfactory payment arrangements have not been made for a period of ten (10) calendar days the company may consider the service terminated and the equipment owned by the company may be removed. Reconnection may be considered as a new installation as provided in the company tariffs.

 

Section 735.180  Directories

 

a)

1)         Primary telephone directories of all exchanges shall be revised, printed and distributed to customers at least once each year.  Each directory shall list the name, address and telephone number of all customers, except public telephones.  At the customer's request, that customer's listing or a portion of that listing, may be omitted.  A company may charge for listing additional names for each main station on separate directory lines.

 

2)         For the purpose of consolidating directories, variation in publisher's printing schedules, coordination with a large number of telephone number changes, or other good and sufficient reason, publication may be delayed thirty (30) days on written notification to the Commission.  In addition to said delay in publication, an additional sixty (60) days may be allowed by the Commission upon notification by letter of the rescheduled publication dates and reason for the additional delay.  In deciding whether to grant the delay, the Commission shall consider, among other things, physical impossibility and the consolidation of exchanges.

 

b)         A business customer may be required to provide evidence that the name contained in a current or proposed listing is the name under which that customer is doing business.

 

c)         Each company shall list its customers in the Directory Assistance directory in such a manner which will enable the Directory Assistance operators to provide the requested telephone numbers (except public telephones and telephone numbers not published at the customer's request) based on the customer's names and addresses, if available.

 

d)         Upon issuance, one copy of each directory shall be distributed to each customer served by that directory and two copies of each directory shall be furnished to the Commission.

 

e)         The name of the company, the area included in the directory and the month and year of issue shall appear on the front cover.  Information pertaining to emergency calls, such as for the police and fire departments, shall appear conspicuously in the front part of the directory pages.

 

f)         Each directory will provide space in a prominent location in clearly readable type for an explanation of the dispute and consumer complaint process set forth in Sections 735.190 and 735.200 of this Part, together with the Chicago and Springfield telephone numbers and post office address of the Commission's Consumer Affairs Division.

 

g)         The directory shall contain such instructions concerning placing local and long distance calls, calls to repair and information services, and location of Company's public business offices as may be appropriate to the area served by the directory.

 

h)         Directory Assistance or intercept operators shall have access to records of all telephone numbers (except public telephones and telephone numbers not published at the customer's request) in the area for which they are responsible for furnishing Directory Assistance service.

 

i)          In the event of an error in the listed number of any customer, the company shall intercept all calls to the listed number for at least 120 days provided existing central office equipment will permit and the number is not in service.  In the event of an error or omission in the name listing of a customer, such customer's correct name and telephone number shall be in the files of the Directory Assistance or intercept operators and the correct number furnished the calling party either upon request or intercept.

 

j)          Whenever any customer's telephone number is changed after a directory is published, the company shall intercept all calls to the former number for at least 120 days and give the calling party the new number provided existing central office equipment will permit, and the customer so desires.

 

k)

1)         When additions or changes in plant, records, or operations which will necessitate a large group of number changes are scheduled, not less than 90 days notice shall be given to all customers so affected.

 

2)         If the change affects 10 percent or more customers in the exchange and the change is not coincident with a new directory issue, the Consumer Affairs Division and Telephone Engineering Section will be consulted to determine if a special directory or other appropriate measures will be required.  In making the decision, Commission staff will consider the size of the exchange, the cost benefits available to them, and any special circumstances made known to it.

 

l)          If a company charges for Directory Assistance (information) the company shall, upon request, furnish directories for up to five other exchanges in the same area code for each main station line servicing a customer, at no cost to the customer.  Additional directories will be made available by the company at a charge set forth in the Company's tariffs approved by the Commission.

 

m)        Telephone numbers will not be changed as a penalty or to enforce payment for directory advertising charges.  Changes may be made if made for engineering or technical reasons.

 

Section 735.190  Dispute Procedures

 

a)         The company shall assign one or more of its personnel in each of its offices where it transacts business with the public the duty of  hearing, in person, any dispute by an applicant, customer or user.  Such personnel shall consider the complainant's allegations and shall explain the complainant's account and the Company's assertions in connection therewith.  Such personnel shall be authorized to act on behalf of the company in resolving the complaint and shall be available during all business hours for the duty hereinabove described.

 

b)         If the company does not maintain an office where it transacts business in the community/exchange where the complainant resides and/or receives service, the company shall upon request meet with the customer at a mutually acceptable location in the community lacking such business office.  The company shall notify the customer of its willingness to meet in the customer's exchange to resolve the dispute.

 

c)         The company shall direct its personnel engaged in personal contact with the applicant, customer, or user seeking dispute resolution under the provisions of this Part to inform the customer of their right to have the problem considered and acted upon by supervisory personnel of the company where any dispute cannot be resolved.  The company shall further direct such supervisory personnel to inform such applicant, complainant, or user who expresses nonacceptance of the decision of such supervisory personnel of their right to have the problem reviewed by the Commission and shall furnish them with the telephone number and address of the Consumer Affairs Division of the Illinois Commerce Commission.

 

d)

1)         When a customer disputes a particular bill, the company shall not discontinue service for nonpayment so long as the customer:

 

A)        pays the undisputed portion of the bill; and

 

B)        pays all future periodic bills by the due date; and

 

C)        enters into discussions with the company to settle the dispute with dispatch.

 

2)         No late payment charge shall be charged on any disputed bill paid within fourteen (14) days of resolution of the dispute if the complaint was filed before the bill became past due.

 

Section 735.200  Commission Complaint Procedures

 

a)

1)         Before the Commission will allow the filing of a formal complaint by an applicant, customer, user or company an informal complaint shall be filed with the Commission's Consumer Affairs Division.

 

2)         The informal complaint:

 

A)        should be in writing but may be initiated by telephone or in person at the offices of the Commission; and

 

B)        shall provide the following information to the Commission:

 

i)          the name, address and telephone number of the applicant, customer, or user,

 

ii)         the name of the company involved,

 

iii)        the nature of the complaint in a clear and concise manner,

 

iv)        the specific relief requested.

 

b)         Upon receipt of the informal complaint, the Consumer Affairs Division shall:

 

1)         advise the party complained of that a complaint has been filed against it; the party complained of must respond to the Consumer Affairs Division within fourteen (14) days; and

 

2)         review and investigate the complaint;

 

3)         advise the parties of the results of the investigation within a reasonable time not to exceed fourteen (14) days following receipt of a complete response from the party complained of.  By agreement of the parties and the Consumer Affairs Division, these time limits may be extended.

 

c)         If the Consumer Affairs Division is unable to resolve the complaint to the satisfaction of the parties or if the party complained of fails to respond to the Consumer Affairs Division, any party may file a formal complaint in accordance with the Commission's Rules of Practice, 83 Ill. Adm. Code 200 (General Order 154).

 

d)         Service shall not be discontinued for the reason which is the subject of the complaint during the pendency of any proceeding (formal/informal) before the Commission pursuant to the provisions of this Section so long as the customer has complied with the provisions of Section 735.190(d).

 

Section 735.210  Public Notice of Commission Rules

 

The company shall post in a public and conspicuous place in each of its offices where it transacts business with the public a notice not less than seven inches (7") by ten inches (10") in size, printed in black on a white background, substantially in the form shown on Appendix C herein.

 

Section 735.220  Second Language

 

Where there is a demonstrated need for second language notices in the service area of any utility, as determined by the Commission on the basis of census figures, the community area involved, and customer complaints and requests for such notice, notices as set out in Appendices A and B herein shall be sent to customers located within the area and contain the following warning in the appropriate second language:  Important – This notice affects your rights and obligations and should be translated immediately.  If you cannot find a person to translate for you, call the telephone company immediately.

 

Section 735.230  Customer Information Booklet

 

A customer information booklet which contains a utility's credit and collection practices shall be provided by each utility to all customers within 90 days of the effective date of this Part, to all applicants for service and shall be available at all business offices.

Section 735.APPENDIX A   Notice of Discontinuance of Service

 

IMPORTANT!  READ THIS IMMEDIATELY

UTILITY NAME

CUSTOMER

ADDRESS

CITY, STATE, ZIP

ADDRESS

PHONE #

ACCOUNT #

YOUR

(Utility)

SERVICE WILL BE DISCONTINUED ON OR AFTER

(Date)

.  BECAUSE:

YOU OWE

$

IN PAST DUE BILLS

YOU OWE

$

FOR A DEPOSIT FOR TELEPHONE SERVICE

OTHER

(Specify)

TO AVOID DISCONTINUANCE OF

(Utility)

SERVICE, YOU MUST PAY

$

BEFORE

(Date)

.

***

If you cannot pay the whole amount now, you may be able to get a payment plan

with

(Utility Name)

. Call us at Phone #

for more information.

***

(Utility name)

has employees on duty from

A.M. to

P.M.

to answer your questions or listen to your complaints.  If you do not understand why

you owe this money, or if you think there has been a mistake, call

(Utility Name)

at Phone #

, as soon as possible. If the person you talk to cannot help

you, ask to talk to a supervisor.  If the supervisor cannot help you, call the Consumer Affairs Division of the Illinois Commerce Commission at 312-793-2887 (Chicago) or 217-782-2024 (Springfield).  Call before you are Discontinued!

***

IMPORTANT:  If your services are Discontinued, you will have to pay

$

before your service will be turned on again.

(Printed on Red Paper)

Reverse Side (Printed on Red Paper)

 

Section 735.APPENDIX B   Requirements to Avoid Shutoff of Service in the Event of Illness

 

IF DISCONTINUANCE OF SERVICE WILL AGGRAVATE OR CREATE A MEDICAL EMERGENCY FOR A RESIDENT OF YOUR HOUSEHOLD, WE WILL NOT DISCONTINUE YOUR SERVICE.
WHAT YOU MUST DO:
	YOU MUST CONTACT A PHYSICIAN OR LOCAL BOARD OF HEALTH.
	THEY MUST CALL	(Utility Name)		AT		(Phone)		RIGHT
	AWAY.  THEY ALSO MUST SEND A WRITTEN CONFIRMATION, SIGNED BY A PHYSICAN, TO THE COMPANY WITHIN 5 DAYS WHICH CONTAINS THE FOLLOWING INFORMATION:
	Name of the person.  A statement that the person is a resident of the premises in question; the name, business address, and telephone number of the certifying physician; the nature of the illness; the period of time during which discontinuance of telephone utility service will aggravate the illness.
HOW LONG IS THE CERTIFICATION VALID?
	THE CERTIFICATION IS VALID FOR ONE MONTH.  IT CAN ALSO BE RENEWED FOR ONE MONTH IF THE PHYSICAN WRITES TO THE COMPANY AGAIN.  IF THE CERTIFICATION IS NOT RENEWED, YOU TELEPHONE SERVICE MAY BE DISCONTINUED AFTER THE FIRST MONTH.
FOR MORE INFORMATION CALL			(Utility Name)		AT		(Phone)		OR CALL:
CONSUMER AFFAIRS DIVISION
ILLINOIS COMMERCE COMMISION
217-782-2024 (Springfield)
or
312-793-2887 (Chicago)

 

Section 735.APPENDIX C   Public Notice Concerning Availability of this Part

 

PUBLIC NOTICE PROCEDURES GOVERNING THE ESTABLISHMENT OF CREDIT, BILLING, DEPOSITS, TERMINATION OF SERVICE AND ISSUANCE OF TELEPHONE DIRECTORIES ILLINOIS COMMERCE COMMISSION 83 Ill. Adm. Code 735 (General Order 218)

83 Ill. Adm. Code 735 (General Order 218), the rules and regulations of the Illinois Commerce Commission prescribing procedures governing establishment of credit, billing, deposits, termination of service and issuance of telephone directories are on file in this office and open to public inspection.

Copies of 83 Ill. Adm. Code 735 (General Order 218) in the Spanish language are also available for inspection.

Any employee will direct you to the place where you may inspect a copy of the Commission's rules and will direct you to personnel assigned the duty of providing information about them.

Copies of 83 Ill. Adm. Code 735 (General Order 218) may also be reviewed and/or obtained at the Commission's offices at 160 North LaSalle Street, Chicago, Illinois, or 527 East Capitol Avenue, Springfield, Illinois.