65- 407 C.M.R. ch. 290, § 12

Current through 2024-25, June 19, 2024

Section 407-290-12 - BILLING AND PAYMENT STANDARDS

A.Late payment charges and returned check charges. In addition to complying with the requirements listed below, ETCs must also comply with Chapter 870 of the Commission's rules relating to late payment charges and returned check charges.

B.Bill frequency. An ETC shall bill on a regular recurring basis and must offer at least one monthly billing option.

C.Advance billing limited; discount. An ETC may not require the payment of basic service fees more than 1 month in advance. An ETC may, however, offer customers the option of receiving a discount for early payment.

D.Due date of bills. The due date of a bill for basic service must be at least 25 days after the bill is mailed or otherwise delivered to the customer. If the ETC mails its bills from a location outside the State and requires customers to mail payment to a location outside the State, the due date must be extended 5 days (for a total of 30 days). A bill is considered to have been mailed on the date it is postmarked. If there is no postmark, the ETC shall date the bill and mail the bill on or before the date on the bill.

E.Bill content. Each bill issued by an ETC shall:

1.Identification of ETC. Include a clear and conspicuous identification of the certificated ETC providing the customer's basic service. If the ETC has more than one name, the name appearing on the bill must be the name used to market the service;

2.Date. Identify the date on which the bill was issued;

3.Balance. Identify the balance in each billed account at the beginning of the current billing cycle, using a term such as "previous balance;

4.Charges debited for current billing cycle. Identify the amount of the charges debited to each billed account during the current billing cycle, using a term such as "current service;"

5.Payments made. Identify the amount of payments made to each billed account from the previous billing cycle, using a term such as "payments;"

6.Charges debited for past charges. Identify the amount of the charges debited to each billed account during the current billing cycle for untimely payment of past charges, using a term such as "late charge;"

7.Closing dates and balance. Include a listing of the closing dates of the current billing cycle and the outstanding balance in each billed account on that date, specifying the "current amount due" and the "past due;"

8.Class of service. Identify the applicable class of service as stated in the ETC's rate schedule;

9.Due date. Include a statement, or payment, due date;

10.Receipt deadline. Include the date by which payment of the new balance must be received to avoid assessment of a late charge;

11.Interest rate. Identify the effective monthly interest rate that will be imposed if the bill is not paid by the due date;

12.Basic service charges. Include an itemization of current basic service charges and other fees related to basic service, including installation or reconnection fees, deposit amounts, late payment interest charges, taxes, and separate surcharges provided by the ETC;

13.Contact information. Clearly and conspicuously disclose any information that the subscriber may need to make inquiries about, or contest, charges on the bill; and

14.Toll-free number. Include the toll-free phone number(s) for customer service representatives of the ETC and any other service provider to which charges are due, and to which customer questions or disputes concerning bills or services should be directed.

F.Compliance with federal "Truth-in-Billing" rules. An ETC shall comply with the Federal Communication Commission's "Truth-in-Billing" Rules, 47 CFR §§ 64.2400-2401.

G.Billing errors. An ETC shall promptly notify a customer of a billing error after it discovers or is notified of the error. The ETC shall correct the error within 45 days of discovery or notice. An ETC shall investigate the possibility that a billing error may affect multiple customers and shall immediately notify the Consumer Assistance Division if more than 10 customers in the State are affected by a billing error.

1.Make-up bills. The ETC may issue a corrected bill for previously unbilled service, or for service billed below the tariffed rate, that was provided in the previous 12 months. An ETC may agree to a settlement that abates all or a portion of the previously unbilled service.

2.Refunds. The ETC shall refund any charge billed in excess of correct rates within the previous 6 years from the date of discovery or notice.

H.Payment.

1.Extension of due date required. If the due date for payment falls on a Saturday, Sunday, legal holiday, or any other day when the ETC's offices are not open for business, the ETC shall extend the due date to the next business day.

2.Payment by mail. If the customer sends payment by mail, payment is made on the date the ETC receives the payment.

3.Payment at a remote office. If the customer pays at a branch office or authorized agency of the ETC, payment is made on the date of receipt at that location.

4.Conflicting due dates. When an ETC provides a customer with multiple notices or contacts containing different due dates, payment is due on or before the latest due date.

I.Application of partial payments. An ETC shall apply payments that are insufficient to pay the full account balance to the basic service portion of the bill, beginning with the oldest balances. Any remaining amounts shall be applied to non-basic services.

65- 407 C.M.R. ch. 290, § 12