N.Y. Comp. Codes R. & Regs. tit. 16 § 609.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 609.4 - Suspension or termination of basic local exchange service

(a) Conditions for suspension or termination. A telephone corporation may suspend or terminate basic local exchange service as provided for in these rules if the customer:

(1) fails to pay the telephone corporation charges due at any time during the preceding six months; provided, however, that suspension or termination of service for bills due for service rendered during periods in excess of the six-month period is permitted in cases involving billing disputes during the six- month period or the culpable conduct of the customer; and provided further, that the telephone corporation shall commence any such billing not more than two months after the resolution of the billing dispute, the cessation of the event which caused the telephone corporation to delay or delays caused by the customer's culpable conduct;

(2) fails to pay amounts due under a deferred payment agreement;

(3) fails to pay or agree in writing to pay equipment and installation charges relating to the initiation of service; or

(4) fails to pay a lawfully required deposit.

(b) Notice of suspension or termination--contents. A notice of suspension or termination shall clearly state or include:

(1) the earliest date on which suspension or termination may occur;

(2) the reasons for suspension or termination and the manner in which suspension or termination may be avoided, including the total amount required to be paid to avoid suspension or termination;

(3) the address and telephone number of the office of the telephone corporation that the customer may contact in reference to his or her account;

(4) the availability of procedures for handling complaints;

(5) the availability and a general description of a deferred payment agreement, which shall be highlighted;

(6) a summary of the protections available under this Part, together with a notice that any customer eligible for such protections should contact the telephone corporation; and

(7) the notice may include any additional information not inconsistent with this Part. In addition, the notice shall have printed on its face, in a size type capable of attracting immediate attention, language conveying the following:

"THIS IS A FINAL DISCONNECTION NOTICE. PLEASE BRING THIS NOTICE TO THE ATTENTION OF THE TELEPHONE CORPORATION WHEN PAYING THIS BILL."

(c) Notice of suspension or termination--time.

(1) No telephone corporation shall suspend service until at least eight days nor terminate service until at least 20 days after a notice:

(i) has been served upon the residential customer; or

(ii) has been mailed to the residential customer at the premises where service is rendered; provided, however, if a residential customer has specified to the telephone corporation in writing an alternative address for billing purposes, the notice under this paragraph shall be sent to such alternative address rather than to the premises where service is rendered.

(2) A telephone corporation may not issue or send a notice of suspension or termination unless at least 25 days have elapsed from the date of the bill, except when exceptional circumstances exist, a notice may be issued in less than 25 days, but only in accordance with procedures approved by the commission or its designee. A telephone corporation shall mail the bill within six business days of the date of the bill. A telephone corporation shall extend the 25-day period one day for each day beyond the sixth business day when bills are mailed late. Individual customers also shall be given the same extension when documentation, such as the postmarked date, exists.

(3) After issuing the notice, the telephone corporation shall attempt to notify the customer by telephone of the intended suspension or termination and how such suspension or termination may be avoided. The attempt to notify the customer by telephone shall include at least one telephone call during nonworking hours before the scheduled date for suspension or termination.

(d) Suspension or termination of service--time. A telephone corporation complying with the conditions set forth in this section may suspend or terminate service to a residential customer for nonpayment of bills only between the hours of 8 a.m. and 7:30 p.m., Monday through Thursday, and between 8:00 a.m. and 3:00 p.m. on Friday, provided such day or the following day is not:

(1) a public holiday, as defined in the General Construction Law;

(2) a day on which the main business office of the telephone corporation is closed for business; or

(3) during the periods of December 23rd through December 26th and December 30th through January 2nd.

(e) Suspension or termination for abandonment of facilities.

(1) No telephone corporation shall suspend or terminate service on the grounds that a customer's facilities have been abandoned or are being used by unauthorized persons unless such corporation shall first determine, by such means as are reasonably calculated to determine occupancy, that such facilities have in fact been abandoned or are being used without the authority of the customer of record. The telephone corporation shall send a notice to the customer stating the reasons for the suspension or termination no later than five days prior to the date of any such suspension or termination, except that the five-day notification period shall be waived when mailings are returned by the post office or a new customer advises that he or she has moved into the location.

(f) No suspension or termination without verification of delinquent account. No telephone corporation shall suspend or terminate service for nonpayment of bills rendered unless:

(1) it shall have verified that payment has not been received at any office of the telephone corporation or at any office of an authorized collection agent through the end of the notice period required by this Part; and

(2) it shall have verified on the day suspension or termination occurs that payment has not been posted to the customer's account as of the opening of business on that day.

(g) Rapid posting of payments in response to notices of suspension or termination. Every telephone corporation shall ensure that any payments made in response to a notice, when the customer brings the fact that such a notice has been issued to the attention of the telephone corporation or its collection agents:

(1) are posted to the customer's account on the day payment is received; or

(2) are processed in some manner so that suspension or termination will not occur.

(h) Additional notice required when payment by check is subsequently dishonored. The telephone corporation shall be required to make at least two attempts, one outside of normal business hours, to contact a customer within 24 hours when the telephone corporation is in receipt of a subsequently dishonored negotiable instrument due to lack of funds, provided that the customer previously has not submitted a dishonored check within the past 12 months. Upon reaching the customer, the telephone corporation shall give him or her an additional 24 hours to pay the bill before suspension or termination of service.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 609.4