Okla. Admin. Code § 165:55-9-10

Current through Vol. 42, No. 7, December 16, 2024

Section 165:55-9-10 - Establishment of credit for residential applicants and customers

(a) Each TSP may require a residential applicant for service to satisfactorily establish credit, but such establishment of credit shall not relieve the end-user from complying with the TSP's policy(ies) regarding the prompt payment of bills.

(b) For purposes of this Section, "applicant" is to be defined as a person who applies for service for the first time or reapplies at a new or existing location after a previous discontinuance of service; "customer" is defined as someone who is currently receiving service.

(c) Subject to this Chapter, a residential applicant shall not be required to pay a deposit:

(1) If it can be verified that the residential applicant has been an end-user of any TSP in the State of Oklahoma for the same type of service within the last two years and is not currently delinquent in payment of any such telecommunications service provider account provided however, a TSP may elect to require a deposit if, during the last twelve (12) consecutive months, the residential applicant:

(1) was delinquent in the payment of a TSP account on more than two (2) occasions;

(2) presented a dishonored check for payment of a telecommunications service account; or,

(3) had service disconnected due to nonpayment of a telecommunications service account.

(2) If the residential applicant furnishes, in writing, a satisfactory guarantee to secure the payment of bills for the telecommunications service requested.

(A) Unless otherwise agreed to by the guarantor, the guarantee shall be for the amount of deposit the TSP would normally require on the applicant's account. The amount of guarantee shall be clearly indicated on any documents or letters of guarantee signed by the guarantor.

(B) Upon written request by the customer, after a period of four (4) consecutive months during which time the average amount of toll charges is shown to have decreased by fifty percent (50%) or more:

(i) The TSP shall re-evaluate the amount of the guarantee in order to determine if the original guarantee amount continues to be consistent with the guidelines set forth in this Section.

(ii) The amount of the letter of guarantee shall be reduced to an amount which is consistent with the guidelines set forth in Section 165:55-9-14.

(C) When the end-user has paid bills for telecommunications service for twelve (12) consecutive residential billings without having service disconnected for nonpayment of bills and without having more than two (2) occasions in which a bill was delinquent, did not present a dishonored check for payment of a telecommunications service account, and is not delinquent in the payment of current telecommunications service bills, the telecommunications service provider shall void and return, to the guarantor, any documents or letters of guarantee placed with the telecommunications service provider.

(d) Notwithstanding the provisions of this section, no TSP may require a deposit of a customer who is otherwise exempt by law provided that such customer provides a certification letter in accordance with 17 O.S. § 180.12(B).

Okla. Admin. Code § 165:55-9-10

Amended at 13 Ok Reg 2437, eff 7-1-96; Amended at 15 Ok Reg 3054, eff 7-15-98

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 10/1/2024