(a) A Company may require a deposit to guarantee payment. This deposit shall not be considered advance payment of bills, but shall be held as security for payment for telecommunications service rendered. The Company may refuse service to an applicant or terminate service to a customer for failure to comply with this section. Company policies governing deposits shall be applied uniformly.
(b) The Company may require a customer deposit if: - (i) A prior telecommunications service account with the Company remains unpaid and undisputed at the time of application for telecommunications service;
- (ii) Telecommunications service from the Company has been terminated for:
- (A) Nonpayment of any undisputed delinquent bill;
- (B) Failure to reimburse the Company for damages due to the customer's negligent or intentional acts; or
- (C) Acquisition, diversion or use of service without the authorization or knowledge of the Company.
- (iii) Information provided upon application for telecommunications service is materially false or misrepresentative;
- (iv) The application is for initial telecommunications service with the Company or the applicant did not have service with the Company for a period of at least 12 consecutive months during the past four years;
- (v) The applicant or customer is unable to pass an objective credit screen;
- (vi) The request is for telecommunications service at an address where a former customer with an undisputed delinquent bill for service still resides or conducts business; or
- (vii) The applicant for telecommunications service, or the customer, has been brought within the jurisdiction of the bankruptcy court or has had a receiver appointed in a state court proceeding, within the five-year period immediately preceding the request for service.
(c) A Company shall not require a deposit as a condition of new or continued telecommunications service based upon any criterion not specifically authorized by these Rules.
(d) Unless otherwise ordered by the Commission, the required deposit shall not exceed the amount of the average estimated bill for 60 days of telecommunications service.
(e) The Company shall retain records showing: - (i) The name and address of each customer making the deposit;
- (ii) The date and amount of the deposit; and
- (iii) Each accounting transaction concerning the deposit.
(f) The Company shall provide the customer a non-assignable receipt or other record of deposit, showing the date and amount received.
(g) The Company shall calculate simple interest on deposits at the Commission's Authorized Interest Rate. Interest shall apply only to deposits held for at least six months, but will accrue from the initial date of deposit through the date the deposit is returned to the customer.
(h) Deposits and any unpaid interest earned on deposits shall be applied as a credit to customer's bill, unless requested by the customer to be refunded, when: - (i) The accrued interest equals or exceeds $10.00. The Company shall apply the credit at least annually;
- (ii) A customer has received 12 consecutive months of telecommunications service, with no cause to disconnect and bills have been paid when due; or
- (iii) Telecommunications service is discontinued. The Company shall not require the customer to provide the original receipt in order for the deposit to be returned. Any credit balance on the account after the deposit is applied shall be refunded to the customer. If the Company is unable to make the refund due to lack of knowledge of the customer's location, additional interest will not accrue after the service discontinuation date. The Company shall manage such deposits as unclaimed property as required by Wyoming law.