65- 625 C.M.R. ch. 3, § 3

Current through 2024-51, December 18, 2024

Section 625-3-3 - PROVISION OF SOFT DIALTONE

A.Involuntary Disconnections

1.Duration. If a residential customer is subject to an involuntary disconnection, the local exchange carrier shall provide soft dialtone to the telephone line of the customer for no less than 90 days following the date on which the line was involuntarily disconnected.

2.Exceptions. Notwithstanding section 3(A)(1), a local exchange carrier is not required to provide, or may cease providing, soft dialtone caused by an involuntary disconnection if any of the following conditions occur:

a. the local exchange carrier must install additional equipment to provide soft dialtone;

b. the local exchange carrier must expend resources to provide equipment or services that provide soft dialtone;

c. the local exchange carrier is unable technically or operationally to provide soft dialtone;

d. the customer voluntarily relinquishes soft dialtone at the location;

e. the local exchange carrier determines that the customer location receives active service to the public switched network by some means other than the line that was disconnected, regardless of the technology used to provide the connection; or

f. the local exchange carrier determines that the customer premises have been vacant for a minimum of 60 days, the line has been or is scheduled to be physically disconnected by an entity other than the local exchange carrier, or the line is associate with a structure that has been destroyed.

3.Software Required. For the purpose of Section 3(A)(2)(a) and (b), equipment, resources, and services do not include new or upgraded software necessary to provide soft dialtone and do not include equipment, resources, or services associated with non-utility service.

4.Customers with Inability to Pay. Upon request, a customer may be treated like an involuntary disconnection if the customer:

a. provides evidence to the local exchange carrier, in writing, that he or she is a lifeline-eligible customer; and

b. asserts to the local exchange carrier, in writing, that the customer requires a disconnection because of inability to afford telephone service.

B.Voluntary and Involuntary Suspensions. If a residential customer is subject to a voluntary or involuntary suspension, the local exchange carrier shall provide soft dialtone to the telephone line during the period of suspension.

C.Other Soft Dialtone Provisions

1.Additional Telephone Services. When providing soft dialtone pursuant to this Chapter, a local exchange carrier may, at its option, provide other telephone services in addition to Enhanced 9-1-1 access-only service.

2.Optional Provision of Soft Dialtone. A local exchange carrier may, at its option, provide soft dialtone under circumstances different than those required by Sections 3(A) and 3(B) and for a period of time that exceeds the durations required by sections 3(A) and 3(B).

3.Soft Dialtone Required when Dialtone is Present. A local exhange carrier must provide soft dialtone whenever a telephone provides access to dialtone.

D.Customer Notification. A local exchange carrier shall provide residential customers with periodic written information regarding the presence of soft dialtone. The notice shall be in clear language.

65- 625 C.M.R. ch. 3, § 3