N.M. Admin. Code § 17.11.16.19

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.11.16.19 - REQUIREMENTS PRIOR TO DISCONTINUANCE OF SERVICE

A. Fifteen day notice. At least fifteen (15) days before a LEC discontinues basic local exchange service to a customer, the LEC shall mail written notice to the customer stating its intent to discontinue service and setting forth the customer's rights regarding discontinuance of service. The notice shall be in English and Spanish, shall be dated, and shall be in simple, nontechnical language. The notice shall be sent by U.S. Mail, postage prepaid, to the last address for the customer known to the LEC. A fifteen-day notice of discontinuance shall contain:

(1) the toll-free telephone number and working hours of LEC personnel responsible for administering the procedures in this section;

(2) the amount owed and the specific date service will be discontinued unless the customer pays the amount due or makes other arrangements with the LEC concerning payment of the charges; upon request, the LEC shall provide information to the customer concerning the outstanding charges, including the dates of the service interval over which the outstanding charges were incurred and the date and amount of the last payment;

(3) a statement that basic local exchange service cannot be discontinued for failure to pay charges for toll or discretionary services;

(4) a statement that, if the customer pays the portion of the bill which the customer does not dispute, the LEC shall review the portion of the bill which the customer does dispute;

(5) a statement that a customer may file a complaint with the consumer relations division of the commission if the customer disagrees with the LEC's determination concerning discontinuance of service;

(6) a statement in capital letters of the cost of reconnection;

(7) for residential customers, a statement that:

(a) the LEC will not discontinue basic local exchange service to a residence where a seriously or chronically ill person resides, or will re-establish service to such a residence, if, at least two (2) days prior to the proposed service discontinuance date specified in the notice:

(i) the LEC receives a medical certification, valid for thirty (30) days, on the form prescribed by the commission in 17.11.16.33 NMAC or a substantially similar form, from a medical professional stating that discontinuance of service might endanger the customer's life or health;

(ii) the LEC receives a financial certification, valid for ninety (90) days, on the form prescribed by the commission in 17.11.16.34 NMAC or a substantially similar form, from the customer stating that the customer does not have the financial resources to pay the charges for telecommunications services; and

(iii) the residential customer enters into a payment plan with the LEC;

(b) if service has been discontinued, the LEC shall reestablish service within twelve (12) hours after the residential customer has satisfied the requirements of subparagraphs (a)(i) through (a)(iii) of paragraph (6) of this subsection;

(c) the residential customer will not be relieved of the obligation to pay for services rendered if service is continued or reestablished under the provisions of this paragraph; and

(d) timely delivery by a residential customer to the LEC of duly executed medical certification and financial certification forms shall be adequate to delay discontinuance of service for at least thirty (30) days and that the LEC may, in its discretion, delay the discontinuance for a longer period;

(8) for residential customers, blank copies of the medical certification form prescribed by the commission in 17.11.16.33 NMAC and the financial certification form prescribed by the commission in 17.11.16.34 NMAC, or substantially similar forms; these forms include an agreement to enter into a payment plan with the LEC;

(9) for residential customers, the following statement in capital letters, "If you have difficulty paying this bill, and feel you may qualify for assistance from the low income telephone assistance program (LITAP), contact a customer service representative at [insert toll-free telephone number of the carrier's customer service department]. You may obtain an application for the low income telephone assistance program at our billing offices or we can mail an application to you. You should return the completed application and proof that you meet the eligibility requirements for one or more need-based assistance programs administered by the human services department to us at [insert name and mailing address of carrier's office]. If you do not have such proof, you should contact your local human services department income support division office or call the HSD customer help desk at its toll free telephone number for information on how to obtain proof of eligibility."

B. Two-day notice. Each LEC shall take reasonable steps to communicate with a customer by telephone or personal contact at least two (2) days prior to the actual date of discontinuance of service to remind the customer of the pending date of discontinuance of service, advise the customer again of the availability of financial assistance for telecommunications services payments, and obtain payment of delinquent accounts. The LEC employee who personally contacts a residential customer shall note any information made known to the employee by the residential customer regarding any resident's serious illness or life endangering health condition, such as whether a resident is physically disabled, frail, or elderly. Such information shall immediately be reported in writing to a LEC employee authorized to prevent discontinuance. That employee shall either delay the discontinuance if it is apparent that the forms required by Subparagraphs (a)(i) and (a)(ii) of Paragraph (7) of subsection A of this section will be received or state in writing why discontinuance of service will not be delayed. The LEC and LEC employee shall be held harmless for errors made in good faith in noting, acting upon, or failing to act upon the information made known by the residential customer.

C. Third-party notification. Each LEC shall offer its residential customers a third party notification program and shall notify residential customers that such program is available. The LEC shall extend the third party notification program to those residential customers who notify the LEC in writing of their desire to participate in the program and designate a specific person, organization, or governmental agency that is ready, willing, and able to assist the residential customer with the payment of LEC bills. Upon receipt of such notice and designation from a residential customer, a LEC shall not discontinue service to a participating customer for nonpayment of past due charges without providing the fifteen (15) day notice and the two (2) day notice required by this section.

D. Hours when service may be discontinued. A LEC may discontinue service to a residential customer Monday through Thursday during the hours from 8:00 a.m. to two (2) hours before the LEC's business office regularly closes. A LEC may not discontinue service less than twenty-four (24) hours prior to a holiday or weekend unless the LEC's business office is open for receipt of payment of past due charges and LEC personnel are available to restore service during the holiday or weekend once payment is received.

N.M. Admin. Code § 17.11.16.19

17.11.16.19 NMAC - Rp, 17.11.16.19 NMAC, 2-1-06