04 NCAC 11 R17-06. UTILITIES COMMISSION

R17-06  PREPAID LOCAL EXCHANGE SERVICE

(a)  Prepaid local exchange service(s) are exempt from portions of Commission Rule R17‑2(f).  No other basic local exchange service(s) offered by such CLP shall be exempt from any portion of Commission Rule R17-2(f).  Those portions of Commission Rule R17-2(f) from which prepaid local exchange service may be exempt are:

(1)           That part of Commission Rule R17-2(f2) requiring access to local and long distance directory assistance;

(2)           Commission Rule R17-2(f3) requiring access to operator services; and

(3)           Commission Rule R17-2(f4) requiring access to all standard dialing patterns to all interLATA and intraLATA long distance carriers, including 1+ and 0+ access to the customer's carrier of choice for interLATA and intraLATA long distance calls.

(b)  Prepaid local exchange service offered by a CLP is subject to the following terms and conditions:

(1)           The CLP shall provide the subscriber with a Customer Service Agreement which constitutes the contract between the subscriber and CLP.  The Customer Service Agreement shall:

(i)            describe with particularity the local exchange services offered, contain a concise list of the rates for all services offered, and fully disclose all terms and conditions with which the subscriber must comply;

(ii)           fully disclose any limitations of the provided services as a result of the exemptions permitted in Commission Rule R17-6(a);

(iii)          include a full description of the billing process and payment arrangements, which shall include, at a minimum, the billing date, the past due date and the date on which service may be discontinued for non‑payment of regulated charges;

(iv)          state that Lifeline and Link‑Up Carolina programs are available for qualifying subscribers who contact their local social services agency; and

(v)           contain a statement which establishes that the subscriber has read the Customer Service Agreement in its entirety, or has had the Customer Service Agreement read to him or her, and has fully understood the terms and conditions of service before signing the Customer Service Agreement.

(2)           The CLP shall make appropriate changes to the Customer Service Agreement pursuant to all statutes and Commission orders, rules and regulations;

(3)           If any portion of the Customer Service Agreement is in a language other than English, all portions of the Customer Service Agreement must be in that language.  Every Customer Service Agreement must be in the same language as any promotional materials, oral descriptions, or instructions provided with the Customer Service Agreement;

(4)           A copy of the Customer Service Agreement signed by the subscriber shall be received by the CLP or its independent agent before the CLP may provide local exchange services to the subscriber;

(5)           The CLP may not offer a service in such a way that purchasing a period of service obligates the subscriber to purchase additional periods of the same service;

(6)           The CLP may not impose any charge for the termination of basic local exchange service; and

(7)           The CLP may not impose any punitive charges on its subscribers for the accumulation of intraLATA toll or interLATA long distance charges.

(c)The Customer Service Agreement shall be subject to periodic review by the Commission and the Public Staff.

(NCUC Docket No. P-100, Sub 133, 9/21/00.)