Chapter 04. Customer Relations
Regulation .01 Customer Billing.LinkCopy Citation
A.
Billing Information. Bills to customers shall be rendered at least monthly and shall contain a clear listing of all charges and credits. For purposes of clarity the customer's bill shall include the total amount due supported by the following data:
(1)
The charges, including applicable federal and local taxes for:
(a)
Local monthly services from the current to the next bill date;
(b)
Additional message units, if appropriate, for the month before the billing date;
(c)
Toll calls and telegrams, if appropriate, placed before the billing date;
(d)
Other charges and credits with appropriate explanation.
(2)
The amount of the balance due carried forward from the prior bill after application of payments received up to and including the billing date.
B.
Payment Date. All regular monthly customer bills shall state the date by which the customer shall pay the bill in order to avoid suspension notice or other utility collection procedures. All toll charges of the customer shall be itemized so as to facilitate their identification. Each utility shall comply with reasonable and feasible customer requests for itemized statements of charges.
C.
Wrong Number. A charge may not be made for a dialed wrong number if the utility is notified promptly, except for certain services, as specified in the utility's tariff.
D.
Overcharge—Undercharge Adjustment. When a customer has been overcharged or undercharged for services because of incorrect application of the rate schedule, inaccurate measuring of services rendered, incorrect calculation of charges or similar reasons, the amount of overcharge or undercharge adjustment shall be determined separately during the period of time the discrepancy occurred, in accordance with the following:
(1)
Overcharge Only. The total overcharge for the period the discrepancy occurred shall be refunded or credited to the customer.
(2)
Undercharge Only.
(a)
Unless authorized by the Commission, retroactive billing may not be for undercharges which occurred more than 12 months before the discovery of the error. A utility may seek the Commission's authorization for retroactive billing for undercharges which occurred more than 12 months but not more than 3 years before the discovery of the error if the customer knew, or reasonably should have known, that the bills were in error. The utility's request to the Commission shall be in writing and shall explain the factual basis for the request to the customer with a notice of the customer's right to write to the Commission, within 20 days, if the customer is in opposition to the request.
(b)
If the total undercharge is more than 35 percent of the customer's average monthly bill during the preceding 3 months, the customer shall be allowed to enter into an installment plan to pay the total retroactive billing, without interest. In such a plan the monthly payments against the undercharge may not exceed 35 percent of the customer's average monthly bill during the preceding 3 months. However, if the installment plan will not recover within a 12-month period the total undercharge, the monthly payment may be equal to the total undercharge divided by 12 or a number greater than 12.
(c)
Unless otherwise authorized by the Commission, the utility may deny service for nonpayment only for that portion of the undercharge applicable to the 4 months immediately before the discovery of the error.
(3)
Combination of Overcharge-Undercharge. When a customer's account has items of overcharge and undercharge, the difference of the two items is then determined as the net adjustment in accordance with §D(1) and (2), above.
Regulation .02 Business Office.LinkCopy Citation
A.
The business offices shall be so located and staffed that customers and the public shall have convenient access to qualified personnel, including supervisory personnel where warranted, to answer questions relating to services and rates, accept and process applications for service, explain charges on customers' bills, adjust charges made in error, and, in general, represent the utility to the customer.
B.
When one business office serves several communities, toll-free calling to the business office from the communities shall be provided. By means of directory information or assistance, signs on company buildings and property, newspaper advertising, or other methods necessary, the utility shall keep its customers and the public advised as to means of contacting the business office.
C.
Business office services shall be available to the customers and the public during the normal hours of the normal work week, excluding holidays and at such other times as may be warranted by by circumstances.
D.
It shall be the responsibility of the utility to insure that qualified personnel, instructed to be courteous, considerate, and efficient, are available to promptly serve those who contact the business office.
E.
The utility shall inform the customer of any service connection charge to be applied to his bill and the monthly charge for the service ordered, with the exception of business customers not requiring this information, before undertaking any action to furnish the service ordered. To customers inquiring about new service, the utility shall provide any information and assistance necessary to obtain service conforming to the customer's needs.
Regulation .03 Public Information.LinkCopy Citation
Each utility shall maintain and keep available for inspection by customers and applicants for service copies of all tariffs applicable to the area served by the business office, as provided by Regulation .02, of this chapter.
Regulation .04 Customer Deposits.LinkCopy Citation
A deposit may not be required as a condition for establishment of service other than as provided in the Commission's regulations governing customer deposits (Subtitle 30) or in the regulations and tariffs on file with the Commission with regard to business and undergrounding services.
Regulation .05 Denial of Service Without Notice.LinkCopy Citation
The utility may discontinue service without notice for any of the following reasons:
A.
Hazardous Condition. For a condition on the customer's premises determined by the utility to be hazardous.
B.
Adverse Effect on Service. Customer's use of equipment in such a manner as to adversely affect the utility's equipment or the utility's service to others.
C.
Tampering With Utility Property. Customer's tampering with equipment furnished and owned by the utility.
D.
Unauthorized Use of Service. Customer's unauthorized use of service by any method which causes hazardous signals over the utility's network.
E.
Illegal Use of Service. Customer's use of service or equipment in a manner to violate the law.
Regulation .06 Denial of Service Requiring Notice.LinkCopy Citation
The utility may deny service for any of the following reasons provided it has notified the customer of its intent, in writing, to deny service and has allowed the customer a reasonable time of not less than 10 days, or as otherwise specified in these regulations, in which to remove the cause for denial:
A.
Non-compliance with Regulations. For violation of or non-compliance with regulations of this subtitle, or for violation of or non-compliance with the utility's tariffs on file with the Commission.
B.
Failure on Contractual Obligations. For failure of the customer to fulfill his contractual obligations for service or facilities subject to regulation by the Commission.
C.
Refusal of Access. For failure of the customer to permit the utility to have reasonable access to its equipment.
D.
Non-payment of Bill.
(1)
For non-payment of a bill for service, provided that the utility has made a reasonable attempt to effect collection and has given the customer written notice of its intent to deny service if settlement of his account is not made and provided the customer has at least 5 days, excluding Sundays and holidays in which to make settlement before his service is denied.
(2)
In cases of bankruptcy, receivership, abandonment of service, or abnormal toll usage not covered adequately by a security deposit, less than 5 days notice may be given if necessary to protect the utility's revenues.
(3)
Except in cases where a prior promise to pay has not been kept or bankruptcy, receivership, abandoned service, or abnormal toll usage is involved, the utility may not deny service on the day preceding any day on which it is not prepared to accept payment of the amount due and to reconnect service.
E.
Failure to Comply with Service Conditions. For failure of the customer to furnish the service equipment, permits, certificates, or rights-of-way, specified by the utility as a condition to obtaining service, or if the equipment or permissions are withdrawn or terminated.
F.
Failure to Comply with Municipal Ordinances. For failure to comply with municipal ordinances or other laws pertaining to telephone service.
G.
Failure to Pay Increased Deposit Required. For failure of the customer to pay an increased security deposit when warranted by the utility to protect its revenue in accordance with Regulation .04 of this regulation.
H.
Obligations as to Co-occupants.
(1)
Definitions. In this section, the following terms have the meanings indicated:
(a)
“Co-occupant” means two or more adults who occupy the same dwelling unit as their primary domicile or legal residence within the State.
(b)
“Satisfactory payment arrangement” means an agreement in writing signed by the customer, applicant, or co-occupant to keep the existing account current and pay the outstanding bill on the following terms:
(i)
For outstanding bills of $400 or less, payment of 1/4 of the outstanding bill before the new telephone service is established and payment of the outstanding balance in not more than three installments; or
(ii)
For outstanding bills in amounts over $400, payment of 1/3 of the outstanding bill before the new telephone service is established and payment of the outstanding balance in not more than three installments.
(c)
“Satisfactory payment arrangement” may include an agreement that access to toll telephone service may be restricted until the outstanding bill is paid in full.
(2)
Telephone service may be denied or terminated to a customer or applicant in a dwelling unit where there are co-occupants:
(a)
If service to that dwelling unit was previously maintained in a current co-occupant's name during a period of co-occupancy with the customer or applicant and the co-occupant has failed to pay or make a satisfactory payment arrangement for an outstanding bill or undisputed portion of a disputed bill for service at the dwelling unit during the period of co-occupancy, the collection of which is not barred under applicable State or federal law; or
(b)
If service at a prior dwelling unit of the customer or applicant was maintained in a current co-occupant's name and the co-occupant has failed to pay or make a satisfactory payment arrangement for an outstanding bill or undisputed portion of a disputed bill for service at the prior dwelling unit during the period of co-occupancy, and the collection of the bill is not barred under applicable State or federal law.
(3)
Failure to comply with the terms of the satisfactory payment arrangement may result in immediate termination.
Regulation .07 Insufficient Reasons for Denial of Service.LinkCopy Citation
A.
The following may not constitute cause for refusal of service to a present or prospective customer:
(1)
Failure of a prior customer to pay for service at the premises to be served;
(2)
Failure to pay for a different class of service for a different entity;
(3)
Failure to pay the bill of another customer as guarantor of that bill;
(4)
Failure to pay directory advertising charges;
(5)
Failure to pay an undercharge as described in Regulation .01D(2) of this chapter; or
(6)
Failure to pay an outstanding bill that is over 7 years old, unless the:
(a)
Customer signed an agreement to pay the outstanding bill before the expiration of this period;
(b)
Outstanding bill is for service obtained by the customer by means of tampering with equipment furnished and owned by the utility or by unauthorized use of service by any method; or
(c)
Outstanding bill is for service obtained by the customer by means of an application made:
(i)
In a fictitious name;
(ii)
In the name of an individual who is not an occupant of the dwelling unit, without disclosure of the individual's actual address;
(iii)
In the name of a third party without disclosing that fact or without bona fide authority from the third party; or
(iv)
Without disclosure of a material fact or by misrepresentation of a material fact.
B.
This regulation applies to both residential and nonresidential classes of service.
Regulation .08 Trouble Reports.LinkCopy Citation
A.
Each utility shall provide for the receipt of customer trouble reports at all hours.
B.
Trouble Reporting.
(1)
Arrangement shall be made to clear all trouble of an emergency nature at all hours, consistent with the bona fide needs of the customers and the personal safety of the utility personnel.
(2)
Arrangement shall be made to clear all out-of-service troubles, not requiring unusual repairs, within 8 hours of the report to the company (excluding clock hours between 5 p.m. and 9 a.m. weekdays and Saturdays, Sundays, and holidays).
(3)
Arrangements shall be made to clear all non-out-of-service troubles, not requiring unusual repairs, within 24 hours of the report to the company (excluding clock hours between 5 p.m. and 9 a.m. weekdays, and Saturdays, Sundays, and holidays).
(4)
If unusual repairs are required, or rehabilitation programs or other factors preclude clearing of reported troubles promptly, when practical, the customer shall be so notified and an estimated time given as to when the trouble will be cleared.
C.
Appointment Missed. The utility shall grant appointments to customers on reported troubles which are consistent with the objective intervals of clearance as specified in §B(1), (2), and (3), above. If appointments with the customer cannot be kept, the utility shall make every reasonable effort to notify the customer in timely fashion of the delay. The number of appointments the utility fails to meet may not be greater than 20 percent of the total commitments given per month within a district service center.
D.
Subsequent Trouble Reports. The utility shall make reasonable efforts to prevent subsequent reports through the proper and effective administration of §§B and C, above. To the extent possible, the utility shall grant appointments which are consistent with the needs of the customer. The rate of the subsequent reports may not be greater than 13 percent of the total reports per month registered within a district service center.
E.
Repeated Trouble Reports. It is incumbent upon the utility to make the necessary tests and inspections on reported troubles to prevent customers from again experiencing the same type trouble. These tests and inspections shall include all necessary and reasonable repairs and rehabilitation efforts which the utility feels are necessary to keep repeated reports at minimum levels. The rate of the repeated reports may not be greater than 25 percent of total trouble reports registered per month within a district service center.
F.
The utility shall keep such records of customer complaints and trouble reports as will enable it to review and analyze its procedures and actions as an aid in rendering improved service.
Regulation .09 Held Applications.LinkCopy Citation
A.
When the telephone utilities may not be able to supply initial telephone service to an applicant within 5 days or provide special communications service in 14 days or upgrade existing customers within 30 days after the date the applicant desires service, the utility shall inform the applicant by telephone, personal contact, or in writing to the extent practical as to the following:
(1)
The reason for the delay;
(2)
A possible interim grade or type of service or number of lines that are available;
(3)
The steps being taken by the utility to make service available;
(4)
The probable date on which service will be provided.
B.
When a previously given probable date for service cannot be met by the utility, the applicant shall further be advised by telephone, personal contact, or in writing to the extent practical by the utility as to the information set forth in §A, above.
C.
When a utility is unable to supply telephone service as requested by an applicant, the utility shall have available information showing the serving Central Office, the name and address of each applicant for service, the date of application, the class of service applied for, and the reason for the inability to provide service. The information shall also include a statement of plans to provide service, including a probable date when it will be provided. Information shall be maintained regarding correspondence and telephone or personal contacts with the customer concerning the inability to meet the customer's request.
D.
When, because of a shortage of facilities, or for other reasons, a utility is unable to supply local exchange main telephone service on normally offered dates or later dates requested by or acceptable to the applicant, first priority shall be given to furnishing those services which are essential to public health and safety. In cases of prolonged shortage or other emergency, the Commission may request the establishment of a priority plan subject to its approval for clearing held orders, and may request periodic reports concerning the progress being made.
Regulation .10 Voluntary Suspension.LinkCopy Citation
At the request of the customer, telephone service may be temporarily suspended without loss of number for a period of 1 month up to a maximum of 1 year. The customer's right to retain his number during a period of suspension is subject to the company's right to change numbers under circumstances which would have called for a number change while the service was active. A suspension of service rate shall be chargeable during this period and shall be lower than the rate for active service.
Regulation .11 Directory.LinkCopy Citation
A.
Alphabetical directories shall generally be made available, listing the name, address, and telephone number of each customer, except public telephones and numbers unlisted at the customer's request.
B.
Upon request from the customer, the utility shall provide each customer, free of charge, a copy of the printed directory or directories covering his area.
C.
The name of the utility, the area included in the directory, and the month and year of issue shall appear on the cover.
D.
Information pertaining to emergency calls to such agencies as police and fire departments shall appear conspicuously in the opening pages of the directory.
E.
Instructions concerning the placing of local and long distance calls, repair service calls, and information on directory assistance calls shall appear conspicuously in the opening pages of the directory. Typical rates shall also be shown.
F.
The introductory pages of the directory shall include information with regard to billing procedure, anonymous and annoyance call procedure, emergency calling procedure for party lines, and a notice as to where the utility's tariffs are available for public inspection.
G.
The opening pages of the directory shall include a notice advising customers that, should they need any information that cannot be furnished by the utility, they may refer their questions to the Public Service Commission, with appropriate address and telephone number for the agency.
H.
“Directory assistance” or information operators shall be provided with records of all directory listings (except those not published) for their service areas and intercept operators shall be provided with complete intercept records for their areas of service.
I.
In the event of an error in a number published in the directory, the utility shall intercept all calls to the published number for the life of the directory provided that the number is not already in service. If the published number is in service, the party served by it shall be given appropriate transfer information and also the opportunity for a number change, in the event of which the published number shall be placed on intercept for 1 year or the life of the directory involved, whichever is longer.
J.
Within 48 hours (excluding Saturday, Sunday, and holidays) of a number change, directory assistance and information operator records shall be updated as required to reflect the changes. Whenever possible, intercept records should should reflect the change in advance of the actual number change.
Regulation .12 Intercept.LinkCopy Citation
A.
Sufficient information shall be provided to the caller to indicate the reason for being intercepted as well as directions to assist the caller in making his call.
B.
When facilities permit, the utility shall provide, as a minimum, line intercept or the equivalent for 90 days or for the life of the directory, whichever is shorter, in each case of a customer initiated residence number change.
C.
When facilities permit, the utility shall provide, as a minimum, line intercept or the equivalent for 1 year, or for the life of the directory, whichever is shorter, in each case of customer initiated business number change.
D.
When facilities permit, the utility shall provide, as a minimum, line intercept or the equivalent for 1 year or the life of the directory, whichever is shorter, in each case of a company-initiated residence or business number change.
E.
The utility shall, when possible, provide line intercept or the equivalent for the life of the directory, in the event of an error in omission, to intercept the customer's number listed in the former directory.
Regulation .13 Discontinuance of Local Service.LinkCopy Citation
A.
Notice to Commission Required.
(1)
If a utility providing local residential or business telephone service intends to discontinue, reduce, or impair its local residential or business telephone services to a customer, or is in jeopardy of discontinuing, reducing, or impairing local telephone service to a customer under §B of this regulation, the utility shall provide written notice to the Commission by first class mail not later than 30 days before the date on which service may be discontinued.
(2)
The utility shall also simultaneously give the written notice required by §A(1) of this regulation to the:
(a)
Affected utility customers;
(b)
Underlying provider of the utility; and
(c)
Administrator.
B.
Utility in Jeopardy of Discontinuing Local Telephone Service.
(1)
The Commission may find that a utility is in jeopardy of discontinuing local telephone service based on receipt of the notice required under Regulation .14 of this chapter.
(2)
A utility is deemed in jeopardy of discontinuing local telephone service if it:
(a)
Files a plan for reorganization in a court of jurisdiction in which the utility proposes:
(i)
The acquisition of its customers by another utility; or
(ii)
The liquidation of its assets;
(b)
Adopts a plan to discontinue telephone service; or
(c)
Notifies the Federal Communications Commission of an intent to discontinue, reduce, or impair telecommunication service in Maryland under 47 U.S.C. §214(a) and 47 CFR §63.71, as amended, which are incorporated by reference.
C.
Notice to Customer of Discontinuance, Reduction, or Impairment of Service.
(1)
No Acquiring Utility. If the customers of a utility subject to the requirements of §A of this regulation are not acquired by another utility, the utility's notice to the customer of discontinuing, reducing, or impairing service shall contain:
(a)
The date of service discontinuance, reduction, or impairment;
(b)
A telephone number for customer assistance from the utility;
(c)
A statement that the customer is required to select a new local service provider before the date of service termination; and
(d)
A description of the process for a customer to choose another utility.
(2)
Acquiring Utility. If the customers of a utility are acquired by another utility, the utility's notice to the customer required under §A of this regulation shall contain:
(a)
The name of the acquiring utility;
(b)
The date the acquiring utility will provide service;
(c)
The rates, terms, and conditions of service to be provided by the acquiring utility and a description of the means by which the acquiring utility shall notify the customer of any change to rates, terms, and conditions;
(d)
A statement that the acquiring utility shall be solely responsible for any charges associated with the migration of the customer to the acquiring utility's network;
(e)
A statement explaining that the customer may choose a utility other than the acquiring utility;
(f)
A description of the process to choose another utility; and
(g)
A telephone number for customer assistance from the utility and the acquiring utility.
D.
Acquired Customer's Rights.
(1)
For a period of 90 days after acquisition, an acquiring utility may not impose a penalty on an acquired customer for choosing a utility other than the acquiring utility.
(2)
Number Porting Required. If an acquired customer chooses a utility other than the acquiring utility, the acquiring utility shall port the telephone number of the customer to the customer's utility of choice within 48 hours of the receipt of a valid local service request.
E.
Content of Notice to Underlying Provider.
(1)
The notice from the utility to the underlying provider required in §A of this regulation shall be delivered to the underlying provider's designated representative for regulatory affairs and designated representative for wholesale accounts.
(2)
The utility notice under §E(1) of this regulation shall contain:
(a)
The date of service termination;
(b)
The name of the utility acquiring the affected customers, if applicable;
(c)
The date service will be provided by the acquiring utility, if applicable; and
(d)
The contact information for the account representative of the acquiring utility.
F.
Content of Notice to Administrator. The notice from the utility to the Administrator, required by §A of this regulation, shall contain:
(1)
The date of service termination;
(2)
An authorization to release all assigned telephone numbers to other utilities; and
(3)
The release of all unassigned telephone numbers to the Administrator.
G.
Content of Notice to Commission.
(1)
The notice from the utility to the Commission required under §A of this regulation shall include copies of the notices delivered to:
(a)
An affected customer;
(b)
An underlying provider, if applicable; and
(c)
The Administrator.
(2)
The utility notice under §G(1) of this regulation shall contain:
(a)
The date of service termination;
(b)
The telephone number for the exiting utility's regulatory representative;
(c)
The name of the acquiring utility and the date by which the acquiring utility will provide service, if applicable;
(d)
The number of affected customers;
(e)
The location of the affected customers;
(f)
A description of the services provided to the affected customers;
(g)
A copy of the notice filed with the Federal Communications Commission under 47 U.S.C. §214(a) and 47 CFR §63.71, as amended, which are incorporated by reference;
(h)
The identity of the underlying provider and the nature of the facilities and services used by the utility, if applicable; and
(i)
A description of how the facilities provided by the underlying provider are used in provision of service to the utility, if applicable.
H.
Access to Customer Service Records.
(1)
If a utility is in jeopardy of discontinuing, reducing, or impairing local telephone service under §B of this regulation, the utility shall ensure that alternative utilities may obtain:
(a)
Access to its customer list;
(b)
The CSRs associated with the affected accounts; and
(c)
Any network records necessary for the continued provision of service.
(2)
If a third party administers the CSRs for the utility, the utility shall direct the third party to allow access to the CSRs of its customers by an alternative utility.
(3)
If a utility discontinues telephone service before complying with the provisions of §H(1) of this regulation, the utility is deemed to have authorized access to the CSRs by the third party.
Regulation .14 Underlying Provider Notice of Utility Payment Failure.LinkCopy Citation
A.
Required Notice.
(1)
If a utility fails to pay an undisputed bill of an underlying provider within 30 days of the due date, the underlying provider shall notify the Commission in writing and provide a copy of the notice to the utility.
(2)
The underlying provider's notice required under §A(1) of this regulation shall contain:
(a)
The name, address, and telephone number of the utility failing to make payment and contact information for the failing utility's account representative;
(b)
The nature of the service or facility of the underlying provider;
(c)
The location of the service or facility; and
(d)
The number of days that payment is past due.
B.
Commission Action. If the Commission receives the notice required under §A of this regulation, the Commission may:
(1)
Find that the utility is in jeopardy of discontinuing service; or
(2)
Require the utility to provide periodic reports to demonstrate that it is financially capable of continuing to provide service without interruption.
Regulation .15 Telephone Utility Filing for Bankruptcy Protection — Notice to Commission.LinkCopy Citation
A.
Required Notice. If a utility or an affiliate, holding company, or parent company of the utility files a plan for reorganization or liquidation of its assets in a court of competent jurisdiction, the utility shall provide written notice of the filing to the Commission.
B.
Commission Action. On receipt of the notice under §A of this regulation or a finding under Regulation .13 of this chapter, the Commission may require the utility to provide periodic reports to demonstrate that it is financially capable of continuing to provide service without interruption.
Chapter annotations
Authority: Public Utilities Article, §§2-113, 2-121, and 5-101; State Government Article, §7-207(a); Annotated Code of Maryland
History: Effective date: January 1, 1976 (Order No. 61496)
History: Regulation .01E amended effective January 1, 1976 (Order No. 61570); April 21, 1986 (13:8 Md. R. 904)
History: Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1863)
History: Regulation .03 amended effective January 23, 1981 (8:2 Md. R. 117); March 18, 2013 (40:5 Md. R. 412)
History: Regulation .06H amended effective July 31, 1995 (22:15 Md. R. 1120)
History: Regulation .07 amended effective May 10, 1993 (20:9 Md. R. 780)
History: Regulation .08 amended effective August 6, 1990 (17:15 Md. R. 1863)
History: Regulation .11 amended effective March 18, 2013 (40:5 Md. R. 412)
History: Regulation .12D amended effective January 23, 1981 (8:2 Md. R. 117)
History: Regulation .13 adopted effective April 14, 2003 (30:7 Md. R. 489)
History: Regulation .13B, G amended effective February 26, 2007 (34:4 Md. R. 402)
History: Regulation .14 adopted effective April 14, 2003 (30:7 Md. R. 489)
History: Regulation .14A amended effective March 15, 2004 (31:5 Md. R. 451)
History: Regulation .15 adopted effective April 14, 2003 (30:7 Md. R. 489)