N.J. Admin. Code § 14:10-12.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 14:10-12.5 - Notice to end users

(a) A departing TSP shall provide notice of its departure to its end users at least 30 days prior to its planned departure date, through a letter that complies with this section.

(b) If there is an acquiring TSP, the acquiring TSP shall, in accordance with FCC regulations at 47 CFR § 64.1120(e)(3), provide 30 days notice to the departing TSP's end users, and also fulfill all of the notice requirements that apply to the departing TSP under this section, regardless of whether the departing TSP fulfills their notice obligations.

(c) The departing TSP shall send a copy of the letter required under (a) above, electronically to Board staff and each ILEC and network service provider that provides service in the area served by the departing TSP, at the same time as the letter is sent to the departing TSP's end-users. In addition, the electronic copy of the letter that is sent to the Board and each ILEC and NSP shall be accompanied by an attestation by an officer of the departing TSP that such notice has been mailed to all end users.

(d) An end user notification letter used to comply with this section shall do the following, at a minimum:

1. Identify the acquiring TSP, if one exists;

2. Inform the end user of its right to choose an alternative TSP (that is, a TSP other than the acquiring TSP);

3. Provide clear instructions to the end user as to how to choose an alternative TSP, which would include the Board's website for a complete list of licensed CLECs and or other sources of information that would give the end user an impartial choice for selection purposes;

4. If there is no acquiring TSP, inform the end user of the need to take prompt action to ensure continuation of service;

5. Provide a toll-free number for the departing TSP and, if one exists, for the acquiring TSP;

6. Clearly state the deadlines for end user action in accordance with this subchapter;

7. Provide applicable information about long distance service and whether it may be impacted by the migration; and

8. State the end user's responsibility for payment of telephone bills during the migration period.

(e) Subchapter Appendix A contains two sample end user notification letters that may be used to provide notice to end users. Letter #1 is a sample letter, which includes the information that the departing TSP must send to its end users when there is an acquiring TSP 30 days prior to the planned departure date. Letter #2 is a sample letter, which includes the information that the departing TSP must send to its end users when there is no acquiring TSP 30 days prior to the planned departure date. The departing TSP may use these letters or may modify them, provided that the information required in this section is included in the letters.

(f) In the event a departing TSP fails to provide the notice to the Board required under N.J.A.C. 14:10-12.3 or to provide the notice to its end users required under this section, and there is no acquiring TSP, each ILEC that serves the departing TSP's end users shall, upon becoming aware that the departing TSP has failed to provide the notice to its end users of the mass migration as required under N.J.A.C. 14:10-12.5, provide notice of the departing TSP's pending departure to the departing TSP's end users, if these end users are known. The ILEC shall:

1. Notify the departing TSP's end users of the TSP's pending departure twice, using a letter, such as that contained in Subchapter Appendix A. The letters shall be sent 30 days prior to the planned departure date or, if the acquiring TSP or ILEC did not become aware of their obligation until after those dates, as soon as possible; and

2. Notify the Board Secretary that the departing TSP's end users have been sent notice in accordance with (f)1 above. The ILEC shall send the notice to the Board simultaneously with sending the letters required in (f)1 above. The notice to the Board shall include:

i. A copy of the notice sent to the departing TSP's end users; and

ii. A statement sworn to by an officer of the ILEC which attests that the notice required in (f)1 above was sent to all of the departing TSP's end users if these end users are known to the ILEC.

(g) An ILEC's compliance with the requirements at (f) above shall not relieve the departing TSP from the obligation to provide notice of its departure to its end users in accordance with the requirements of this subchapter.

N.J. Admin. Code § 14:10-12.5

Amended by 47 N.J.R. 489(a), effective 2/17/2015

Administrative Change, 48 N.J.R. 2448(a)