W. Va. Code R. § 150-6-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-6-2 - Customer relations

2.1. Customer billing.

a. Bills to customers shall be typed or clearly printed, rendered monthly, and shall contain a listing of all charges and the period of time covered by the billing period. Bills may be rendered less frequently than monthly: Provided, that such periodic billing arrangement is set forth in the telecommunications carrier's Commission-approved tariff, and: Provided further, that the telecommunications carrier's subscribers are permitted to elect to be billed monthly by notifying the carrier by phone, mail or electronic means. This itemization shall list separately all items such as service options for which a flat monthly charge is made. Bills shall show the actual name of each vendor for all charges listed and the toll-free telephone number of the person authorized to resolve disputes relating to those charges.

1. Other than taxes and other legally required charges, bills may not contain charges for non-telecommunications services or items: Provided, that for good cause shown, and pursuant to the specific and express approval of the Commission, bills may contain charges for non-telecommunications services or items and: Provided further, that no telecommunications services may be denied, interrupted or discontinued for failure of the billed party to pay any portion of the charges billed for non-telecommunications services or items. Further, in the case of partial payments of bills rendered, such partial payments shall be applied to amounts owed for telecommunications services first before being applied to amounts owed for non-telecommunications services.

2. Cellular and other wireless telecommunications carriers are not subject to the requirements of '150CSR6-2.1.a.1.

3. A telephone company may charge a late payment penalty, provided such late payment penalty provision is part of the telephone company's Commission-approved tariff.

4. No late payment penalty may be recovered unless the date by which payment must be received is clearly and conspicuously identified on the subscriber's bill. The payment due date cannot be less than twenty (20) days after the bill was rendered.

b. Bills for Toll Services.

1. Statements itemizing message toll charges, if applicable, shall be included in bills to customers and shall show location of origin of call, location of destination of call, date, time, duration, and discount for each such toll charge made. The discount may be shown either as a percentage amount or as a dollar figure: Provided, that it appears in understandable form. The statement shall further show on which rate schedule the call is being billed (e.g., Direct Dialed, Operator Handled, Person to Person, etc.).

2. All charges for service, whether such charges are flat-rate or usage-based, shall appear on a bill rendered not later than ninety (90) days beyond the date on which the charge was incurred. Irrespective of such time frames, it shall be the object of all telecommunications carriers to bill their customer charges as soon after such charges are incurred as is reasonably practicable.

c. Statement of Applicable Rates.

1. Each telephone utility shall transmit by mail to each of its basic residential and business customers a clear and concise statement of the existing rate schedule applicable generally to residential and business customers.

2. Such written statement shall first be transmitted by hand or by mail to the following:

A. To all such customers upon application for service; and

B. To all customers within sixty (60) days of a final order of the Commission in a general rate case; and, in any event,

C. To all customers not less frequently than once each calendar year.

3. Such written statement may be transmitted together with the customer's billing or in such other manner as the Commission deems appropriate.

d. Disputed bills.

In the event of a dispute between the customer and the telephone company respecting any bill, the telephone company may require the customer to pay the undisputed portion of the bill and shall make such investigation as may be appropriate to the particular case, and report the result thereof to the customer. In the event the dispute is not reconciled, either party may make application to the Commission for review and disposition of the matter.

e. Service interruptions.

When the use of service or facilities furnished by the telephone company is interrupted due to any cause other than the negligence or willful act of the customer or the failure of the facilities provided by the customer, a pro rata adjustment of the fixed monthly charges involved will be allowed for the service and facilities rendered useless and inoperative by reason of the interruption whenever said interruption continues for a period of twenty-four (24) hours or more from the time it is reported to or known to exist by the telephone company, except as otherwise specified in the telephone company's applicable tariffs. For the purpose of administering this regulation, every month is considered to have thirty (30) days.

f. Payment shall not be delinquent less than thirty (30) days after such bill is mailed or otherwise rendered to the customer.

2.2. Credit considerations.

a. Establishment of credit.

1. Applicants for service. Before service is rendered, an applicant for service, in addition to complying with all other applicable rules and regulations, may be required to establish satisfactory credit. The applicant shall be notified promptly of such requirement to prevent any undue delay in the furnishing of service. Any applicant who has not established his credit, as provided under this subsection may be required to pay any service connection charge and make an advance payment on his or her account in an amount equal to one (1) month's estimated average total bill for all services before service is established. An advance payment shall not relieve the applicant of his/her responsibility to establish satisfactory credit. The intent of this subdivision is to provide maximum requirements for use to protect revenues from known credit risks and not as a substitute for reasonable business judgment.

A. In the case of an applicant for residential service, credit will be deemed established if:

1. The applicant owns the premises to be served: Provided, that the credit of the applicant is not otherwise impaired; or

4. The applicant furnishes a guarantor satisfactory to the telephone company to secure payment of bills for the service requested; or

5. The applicant makes a cash deposit. Such deposit shall not be more than one-twelfth (1/12) of the annual estimated charge for the residential service: Provided, however, that this part shall not affect residential customer security deposits required by a utility prior to the passage of W. Va Code '24-3-8 on March 12, 1983.

B. In the case of an applicant for business service, credit will be deemed established if:

1. The applicant owns the premises to be served: Provided, that the credit of the applicant is not otherwise impaired; or

2. The applicant demonstrates by appropriate means that his or her credit is acceptable to the telephone company. In determining whether the credit of the applicant is acceptable, the telephone company may request the following information from the applicant, and shall consider it: name of the business and the names of its officers or owners; type of organization, e.g., individually owned business, partnership, corporation; nature of the product or service provided; length of time established; other telephone service, present or previous; banking references and other sources of credit information which may be quickly and inexpensively contacted by the telephone company; and any other information pertinent to the determination of the credit standing of the applicant; or

3. The applicant has been a customer of a telephone company for a similar type of service within a period of six (6) consecutive months preceding the date of application unless records of such previous service show that during the last twelve (12) consecutive months of that service period, service was denied or disconnected for non-payment, or the applicant had more than one (1) occasion during such twelve (12) month period in which a bill was not paid within the period prescribed by the reasonable regulations of the telephone company on file with the Commission: Provided, that the average total monthly bill for all services rendered during such twelve (12) month period was equal to at least fifty percent (50%) of that estimated as the average total monthly bill for the service being applied for, and: Provided, further, that the credit of the applicant is not otherwise impaired; or

4. The applicant furnishes a guarantor satisfactory to the telephone company to secure payment of bills for the service requested; or

5. The applicant makes a cash deposit to secure payment of bills for service as prescribed in '150CSR6-2.2.c.

C. The establishment of credit under the provisions of this subdivision, or the re-establishment of credit under the provisions of '150CSR6-2.2.c., shall not relieve the applicant for service or customer from compliance with regulations of the telephone company on file with the Commission as to advance payments and the payment of bills, and shall not modify any regulations of the telephone company in regard to the discontinuance of service for the non-payment of bills due for service furnished.

b. Reestablishment of credit.

1. Applicant for service - previous customer. An applicant for service who previously has been a customer of the telephone company and whose most recent period of service was discontinued by the telephone company because of non-payment of bills, may be required to reestablish credit in accordance with '150CSR6-2.2.c. The telephone company may refuse to provide service if the customer still owes a bill for previous service, furnished to him at the same or another location, regardless of the amount owed: Provided, however, that an applicant for residential service shall not be denied service for failure to pay bills for business service, except where the applicant was the sole owner of or partner in the business formerly served and responsible for charges incurred in connection with such business service.

2. Current customer with service.

A. A customer who fails to pay bills before they become past due in accordance with the telephone company's standard billing practices, and who further fails to pay such bills within the time intervals prescribed by '150CSR6-2.2.f., may be required to pay such bills and reestablish his or her credit by depositing the amount prescribed in '150CSR6-2.2.c. and, when applicable, a reconnection charge. However, residential customers shall be entitled to enter into a deferred payment plan as described in '150CSR6-2.2.f.5.

B. A customer may be required to reestablish his or her credit in accordance with '150CSR6-2.2.c. in case the conditions of service or basis on which credit was originally established have changed materially.

c. Deposits: amount, receipt, interest.

1. Computation of amounts for non-residential customers. The amount of the cash deposit which may be required to establish credit for non-residential customers shall not be in excess of one and one-half (1-1/2) times the estimated average total monthly bill for all services, and in the case of seasonal service, in excess of one-half (1/2) of the estimated charges for the service for the season involved. After service has been established and experience demonstrates that the amount of the outstanding deposit is not suitable to safeguard the interests of the telephone company, the telephone company may require an adjustment to the deposit. For certain services that carry a termination liability, such as PBX installations, the amount of the deposit shall be determined by the circumstances involved in each case.

2. Issuance of deposit receipt. Concurrently with receiving a cash deposit, the telephone company shall provide the applicant for service or customer a receipt showing: the date of the deposit; the name and billing address of the applicant or customer to be served; and the amount of the deposit.

3. Interest rate and method of payment. The simple interest rate to be paid shall be determined as follows: The rate which utilities shall be required to pay shall be the average of the one-year United States Treasury Bill rates for October, November and December of the preceding calendar year. By January 15 of each year, Commission Staff shall make the necessary calculations and file with the Commission its calculations. The Commission will issue an order setting the rate to be paid by the utilities until the next annual Commission order.

d. Refund of deposits.

1. Upon discontinuance of service the telephone company shall apply the customer's deposit, including accrued interest, to the final bill for service. Any amount in excess of the final charges shall be refunded to the customer promptly. A transfer of service from one (1) premise to another within the service area of the telephone company shall not be deemed a discontinuance within the meaning of these rules.

2. The telephone company shall return the customer's deposit, including accrued interest at any time upon request, if the customer's credit has been otherwise established in accordance with '150CSR6-2.2.a. or 2.2.b.

3. At the option of the telephone company, a customer's deposit, including accrued interest may be refunded, in whole or in part, at any time earlier than the times prescribed in this subdivision.

4. No amount deposited as surety for provision of telecommunications service may be applied against any amounts owed for non-telecommunications services or items.

5. Customers with residential service. After the customer has paid bills for service for nine (9) consecutive months (or less at the telephone company's discretion) without having had service denied or disconnected for non-payment, and without having had more than two (2) occasions on which a bill was not paid within the period prescribed by '150CSR6-2.1.f. (i.e., was delinquent), and: Provided, that the customer's credit is not otherwise impaired, the telephone company shall refund the customer's deposit, including accrued interest. If the customer has had service denied or disconnected for non-payment, or has had more than two (2) such past due bills during such period, the telephone company shall thereafter review the account every six (6) months and shall refund the customer's deposit, including accrued interest, after the customer has not had service denied or disconnected for non-payment, and has not had more than two (2) such past due bills during the six (6) months prior to any such review: Provided, that the customer's credit is not otherwise impaired.

6. Customers with business service. After the customer has paid bills for service for twenty-four (24) consecutive months without having had service denied or disconnected for non-payment, and without having had more than one (1) occasion on which a bill was not paid within the period prescribed by '150CSR6-2.1.f. (i.e., was delinquent), and: Provided, that the customer's credit is not otherwise impaired, the telephone company shall refund the customer's deposit, including accrued interest. If the customer has had service denied or disconnected for non-payment, or has had more than one (1) such past due bill during such period, the telephone company shall thereafter review the account every twelve (12) months and shall refund the customer's deposit, including accrued interest, after the customer has not had service denied or disconnected for non-payment, and has not had more than one (1) such past due bill during the twelve (12) months prior to any such review: Provided, that the customer's credit is not otherwise impaired.

7. Upon the customer's meeting the provisions above for refund of deposit, the telephone company shall promptly and automatically refund the customer's deposit, including accrued interest. A receipt or production of proof of payment will not be necessary under these regulations as a condition of the deposit refund.

e. Record of deposit. The telephone company shall keep a record of each cash deposit until the deposit is returned. The record shall show: the name and current billing address of the depositor; the amount and date of the deposit; and each transaction concerning the deposit.

f. Denial or discontinuance of service.

1. The telephone company may refuse, deny, or discontinue service, as appropriate, for failure on the part of the applicant or a customer to establish or reestablish credit in accordance with '150CSR6-2.2.a. or 2.2.b., or for non-payment of a delinquent bill owed to the telephone company for service furnished. Delinquency under this provision shall apply to previous or existing service, whether at the same or another location and also be in accord with the provisions of '150CSR6-2.2.b., 2.2.d., and 2.4.c.

2. The telephone company shall give written notice complying with P.S.C. W. Va. Form 14-T sent first class mail, address correction requested, at least ten (10) days prior to the scheduled termination. At the time notice is given, a residential customer shall be advised of his or her rights under '150CSR6-2.2.f.5. Written notice shall become invalid thirty (30) days after the date indicated on the notice for termination. At the time notice is given, a residential customer shall be advised of his or her rights under '150CSR6-2.2.f.5. Written notice shall become invalid thirty (30) days after the date indicated on the notice for termination. The telephone company shall also make at least two (2) attempts at personal notice by telephone at least twenty-four (24) hours prior to termination. However, the inability of the telephone company to perfect personal notice shall not prevent the telephone company from terminating service. Discontinuance of service will not be made on a day that the business office is closed or on any day immediately preceding a day on which the business office is closed, nor shall service be discontinued on a Friday, Saturday or Sunday. Furthermore, discontinuance of service shall not be made earlier than 8:00 a.m., nor later than 4:00 p.m.

3. If, prior to termination of service, the utility receives notice from the customer:

A. That any portion of a bill is in dispute;

B. That he or she is being charged for service not rendered;

C. That any information resulting in the utility's decision to terminate is erroneous;

D. That he or she is unable to pay for such service in accordance with the requirements of the utility's billing and that termination or service would be especially dangerous to the health or safety of a member of the customer's household; or

E. That he or she is able to pay for such service but only in installments, the utility shall provide an opportunity to the customer for presentation of his or her complaint to a designated managerial employee, who is empowered to resolve the dispute. The hearing shall take place at the business office nearest to the customer's residence: Provided, however, that at the option of the customer, the hearing may take place by a telephone conference. The customer shall have seven (7) days from the date of the utility's decision to file an appeal with the Commission. Service may not be terminated from the date the utility receives notice of the customer complaint until the expiration of the seven (7) day appeal period, or during the pendency of an appeal to the Commission. Any amount not in dispute must be paid by the customer in order to protect his or her rights under this subparagraph, except as provided in '150CSR6-2.2.f.5.

4. In the event a customer is back-billed any amounts, including but not limited to, amounts resulting from misapplication of a rate in any item normally a part of monthly local service charges, service shall be denied or discontinued for failure of the customer to pay such amounts, only if the customer refuses to negotiate, and subsequently meet, payment arrangements mutually satisfactory to both parties.

5. Any residential customer who has been notified that telephone service is to be terminated for non-payment of bills shall be given the opportunity to enter into a deferred payment agreement: Provided, that the customer has demonstrated an ability to pay but only in installments. The customer shall be informed at the time a disconnect notice is issued of the option of a reasonable payment plan, including a statement identifying that amount of the bill, the payment of which will prevent termination. The conditions surrounding the deferred payment agreement shall be as follows:

A. The details of the deferred payment agreement are to be negotiated between the utility and the customer and may consider several factors, including, but not limited to the following: amount of the bill; ability of the customer to pay; payment history; time the debt has been outstanding; reasons why the debt has been outstanding; and any other relevant factors: Provided, that the agreement requires payment of the current bill plus a specific amount per month on the arrearage. A customer's line may be put on a toll-restricted service as a part of a deferred payment agreement.

B. Utilities shall be allowed to collect a carrying charge of six percent (6%) on any outstanding balance subject to a deferred payment agreement: Provided, however, that any utility which charges interest on unpaid balances pursuant to tariff shall be precluded from charging additional interest pursuant to this subparagraph.

C. Once a deferred payment agreement has been established, if the customer's financial conditions significantly change and the existing payment works a hardship, the utility shall renegotiate the payment agreement, consistent with the provisions of '150CSR6-2.2.f.5.A. However, during any renegotiation period, the customer must timely pay his or her current bill and make some payment on the arrearage.

D. The deferred payment agreement shall include language informing the customer of the right to appeal the reasonableness of the proposed payments to the Commission.

E. During the appeal, service may not be terminated: Provided, however, that the current bill must be timely paid by the customer in order to protect his or her rights under this paragraph.

F. If the deferred payment is not received, in accordance with the terms of the agreement, the utility may terminate service only after it has mailed written notice, by first class mail, to the customer at least five (5) days, excluding postal holidays, prior to termination: Provided, that at the option of the utility, either personal contact or telephone contact may be substituted for contact by first class mail. If the customer makes the delinquent payment within that notice period, service shall not be terminated.

6. For the purposes of '150CSR6-2.2.f.3.D, a customer is required to provide written certification from a licensed physician that termination would be especially dangerous to the health or safety of a member of the customer's household. Written certification must be renewed every thirty (30) days, except when a licensed physician can state, to a reasonable degree of medical certainty, that the medical condition which makes termination especially dangerous is permanent.

7. Cellular and other wireless telecommunications carriers and interexchange carriers shall be exempt from any requirements of '150CSR6-2.2.f.2., 2.2.f.3., 2.2.f.5., and 2.2.f.6.

8. Any telephone company may cancel, revoke or limit any calling card issued to a customer of that company at any time it deems appropriate, notwithstanding the other requirements of these rules.

g. Service reconnection charge. Where service has been discontinued pursuant to the terms of the notification provided for in '150CSR6-2.f.2., the telephone company may charge and collect the reconnection charge set out in its tariff.

h. All statements of accounts shall contain the following statement: "This Company is a utility regulated by the Public Service Commission of West Virginia." Further, monthly billing statements shall explain in terms familiar to consumers the elements of all local service charges.

2.3. Reasons for denying service.

The telephone company may suspend or terminate service for the following reasons:

a. Non-payment of any sum due for service and not in bona fide dispute: Provided, that there has been compliance with '150CSR6-2.f.5. for residential customers.

b. Making of nuisance calls.

c. Violation of or non-compliance with Commission regulations or FCC technical requirements.

d. Failure to comply with laws applicable to telephone service.

e. Failure to permit the company reasonable access to company equipment.

2.4. Insufficient reasons for denying or discontinuing service.

The following shall not constitute sufficient cause for refusing, denying or discontinuing service to an applicant or present customer:

a. Delinquency in payment for service by a previous occupant of the premises to be served other than a member of the same household.

b. Failure to pay Directory advertising charges: Provided, that in such case customer's telephone number may be changed.

c. Delinquency in payment for business service shall not constitute sufficient cause for refusal of residence service or vice versa, except as provided in '150CSR6-2.2.b.1.

d. When the subscriber is age sixty-five (65) years or older, and such subscriber is living alone, denial or discontinuance of service shall not be made prior to contact with a near relative, i.e., son, daughter, niece, or nephew, or responsible third party. Where the West Virginia Department of Health and Human Resources (or successor agency) is a party in interest, it is considered as such third party. This exception shall also apply to any subscriber regardless of age, who is physically or emotionally incapacitated, and living alone. The requirements of this subdivision shall be considered met if the eligible subscriber is, at a minimum, provided with the following:

1. Dial tone (without the ability to receive incoming calls).

2. The ability to make 9-1-1 calls.

3. A recorded announcement whenever the caller tries to reach a number other than 9-1-1 that informs the caller that the line cannot receive incoming calls and can only be used to make emergency calls to 9-1-1.

e. Basic local exchange telephone service, as defined in '150CSR6-1.7.c., shall be neither disconnected nor interrupted for non-payment of charges rendered for the provision of either telecommunications services not defined in '150CSR6-1.7.c. or non-telecommunications services: Provided, that the customer pays for and continues to pay all charges, not in bona fide dispute, related to basic local exchange telephone service. This subdivision does not prohibit an interexchange telecommunications carrier from blocking the customer's access to that carrier's service at the switching location.

2.5. Complaints and appeals.

a. The telephone company shall make a full and prompt investigation of all complaints made by its customers or applicants for service either directly to such persons or, upon Commission request, to the Commission.

b. The telephone company shall direct its personnel engaged in initial contact with an applicant or customer in which dissatisfaction with the decision or explanation of such personnel is expressed, to inform the applicant or customer of his or her right to have the problem considered and acted upon by the telephone company's supervisory personnel. The telephone company shall further direct such personnel to furnish the applicant or customer with the address and telephone number of the Utility Complaints Division of the Commission that may be contacted for further review of the problem.

2.6. Directories.

a. Each LEC must provide telephone directories by one of the following methods:

1. Print and distribute a paper Directory to customers or arrange for printing and distribution to customers once a year. The Directories must list the name, address and telephone number of all customers, except public telephones and numbers unlisted at customer request.

2. Or after January 1, 2017, provide an internet-based electronic Directory containing the information required for a printed Directory. If a Local Exchange Carrier uses this method, it must provide customers with the option to obtain a printed directory on request. The LEC may not transition to an internet-based Directory until after it has provided notice to each customer through three separate monthly bill inserts or similar customer bill message over a period of not less than three months nor more than six months. Prior to transitioning to an internet-based directory, an LEC must also issue a press release regarding the transition, place a prominent plain language notice of 16 point font on the cover of the final full distribution of printed Directories regarding the upcoming transition including instructions of how customers may request a printed copy of the Directory and post a prominent and easily readable notice on its internet website describing the transition period and how to request a printed Directory. Subsequent to transition to an internet-based Directory, each LEC must advise customers annually of the internet address of the online Directory and of the availability of a printed Directory on request. Internet-based Directories must be divided into reasonable local calling areas similar to historical printed Directories, or if larger Directories are produced, must contain an index with links to sections covering reasonable local calling areas similar to historical printed Directories.

b. Telephone Directories shall include listings for all local service areas for the exchanges to which this Directory is supplied.

c. The telephone company shall list its customers in the Directory assistance directory necessary for the Directory assistance operators to provide the requested telephone numbers based on the customers' names and addresses, within one (1) week of establishment of service.

d. Upon issuance, two (2) copies of each printed Directory and, if applicable, the internet address of an online Directory shall be furnished to the Commission.

e. Information pertaining to emergency calls, such as the local police and fire departments, shall appear conspicuously in the front part of the Directory.. Also the offices of the West Virginia State Police, county sheriff's office, and ambulance services shall be listed.

f. The Directory shall contain such instructions concerning placing local and long distance calls, calls to telephone repair service and Directory assistance services, and location, office hours and telephone number of telephone company business offices as may be appropriate for the area served by the Directory.

g. Directory assistance or intercept operators shall have access to records of all customers' numbers (except public telephones and telephone numbers unlisted at the customer's request) in the area for which they are responsible for furnishing Directory assistance service.

h. In the event of an error in the listed number of any customer in a printed Directory, the telephone company shall, where practicable, intercept all calls to the listed number until the next local printed Directory with corrected numbers is issued. Corrections in internet-based Directories shall be made as soon as the error is discovered, but this shall not eliminate the call intercept requirement. In the event of an error or omission in the name listing of a customer, such customer's correct name and telephone number shall be in the files of the Directory assistance or intercept operators and the correct number furnished to the calling party either upon request or intercept.

i. Whenever any customer's telephone number is changed after a Directory is published, the telephone company shall intercept all calls to the former number for a reasonable period of time and give the calling party the new number: Provided, that existing central office equipment will permit and the customer so desires such intercept service.

j. When additions or changes in plant, records or operations which will necessitate a large group of number changes are scheduled, reasonable notice shall be given to all customers so affected even though the additions or changes may be coincident with a Directory issue.

k. Each telephone company shall, without charge, provide applicable rate and charge information regarding local, intrastate and interstate calling during normal business hours. Such information may be provided directly by the telephone company or by indicating that such information is available from the carrier that is the subject of the inquiry and providing appropriate information regarding contacting the carrier.

1. Such information shall be available by each of the following means:

A. Free telephone call;

B. E-mail; and

C. Internet web site.

2. Telephone companies may also provide such information in a printed format available by mail or direct customer pickup and such information may also be faxed to customers desiring such transmittal.

l. Information regarding service connection and installation charges, where applicable, shall be made available by telephone companies in exactly the same manner as required by '150CSR6-2.6.k. for information regarding calling rates and charges.

2.7. Labeling of station equipment.

Where the telephone company offers for outright sale to the subscriber equipment or apparatus to be used in conjunction with telephone service or access thereto, the equipment or apparatus shall be plainly labeled as a product sold by the company. On services or equipment comprised of items sold to the customer and items provided by the telephone company but not sold to the customer and intended to remain the telephone company's property, such items shall be clearly identified so that the customer can readily distinguish between property purchased from the telephone company and property over which the telephone company retains ownership.

2.8. Changes in Subscriber Carrier Selections.

a. No telecommunications carrier shall submit or execute a change in a subscriber's selection of a provider of local exchange telephone service or interexchange telecommunications service, except in accordance with the verification procedures set forth in this subsection and W. Va. Code '24-2E-1.

b. In order for a telecommunications carrier to obtain subscriber confirmation of a request for a change in local exchange telephone service or a change of presubscribed interexchange carrier (PIC) providing intrastate toll service, a telecommunications carrier must, from the customer of record, perform one of the following:

1. Obtain written authorization through letters of agency.

2. Obtain electronic authorization through the use of a toll-free telephone number.

3. Orally verify the change of carrier request through an appropriate, independent third-party.

c. The letter of agency described in '150CSR6-2.8.b.1. must contain the following information:

1. The subscriber's billing name and address, and each telephone number subject to the change order.

2. A statement setting forth the subscriber's decision to change from his or her current local or interexchange carrier to the new local or interexchange carrier.

3. A statement that the subscriber designates the local or interexchange carrier to act as the subscriber's agent for purposes of executing the change.

4. A statement that the subscriber understands that any change of carrier may involve a charge to the subscriber.

5. Nothing that conflicts with Federal Communications Commission regulations found in 47 CFR Part 64, Subpart K, or successor regulations.

d. Carriers shall retain, for at least two (2) years, hard copy or electronic documentation of carrier change requests in which they become the requester's chosen carrier. Such documentation shall be provided to the Commission, the customer or the Attorney General of West Virginia.

e. Any telecommunications carrier that violates the verification procedures described in this subsection, and that collects charges for local exchange service or intrastate toll service from a subscriber, shall be liable to the carrier previously selected by the subscriber in an amount equal to all charges paid by such subscriber after such violation. Any overcharges that are due the subscriber shall be refunded by the properly authorized carrier within thirty (30) days after such carrier's receipt of all charges collected by the violating carrier.

f. The Commission, upon finding that any provision of this subsection has been violated, may take any or all of the following actions:

1. Impose a fine upon the violator for each violation. Such fine shall not exceed the applicable limits of the West Virginia Code.

2. Revoke the violator's certificate of public convenience and necessity.

g. In the case of an unauthorized change in carrier, or a change which violates the verification procedures described in this subsection, subscribers shall be liable only for charges up to an amount that would have been paid to their former, authorized local exchange carrier or intrastate interexchange carrier. The remedies provided by this subsection are in addition to any other remedies available by law.

h. Whenever an LEC subscriber receives a change in his or her service status due to subscriber request, or due to either late payment or non-payment of a bill, and whenever an LEC subscriber makes a change in presubscribed interexchange carrier or is subject to an unauthorized change in such carrier, the serving LEC shall, upon receipt of a subscriber's request to restore service, inform the subscriber:

1. That his or her interexchange carrier account status may have changed and that such change could result in billing changes.

2. That questions regarding any change in interexchange carrier's account should be directed to the subscriber's interexchange carrier.

i. Under no circumstances shall a customer be responsible for a "casual calling" or "random calling" rate, charge or fee for a call placed from a telephone line presubscribed to the telecommunications carrier that carried the call and for which the telecommunications carrier has established an account, except where the caller dials an access code to reach the presubscribed carrier.

j. Whenever a telephone number change or a presubscribed interexchange carrier assignment change or reactivation is made to a telephone line, the local exchange carrier which made the change or reactivation shall, within three (3) business days of the implementation of the change or reactivation, notify the beneficiary interexchange carrier: Provided, however, that the local exchange carrier may, at its option, establish an electronic or other automated system capable of providing the requisite information. Within thirty (30) days after provision of such notice, the beneficiary interexchange carrier shall attempt to contact the subscriber if no active account exists for the affected line. For purposes of this subdivision, "beneficiary interexchange carrier" means the interexchange carrier associated with the presubscribed interexchange carrier code that becomes assigned to the telephone line pursuant to any of the changes described in this subdivision.

2.9. Non-Interruption of Basic Telephone Service Due To Reseller Inability to Serve.

a. No local exchange carrier shall discontinue service to a reseller without first providing notice to the reseller and the Commission.

b. Any reseller whose service has been, or is about to be, discontinued shall immediately provide notice to its customers of the reseller's cessation of operations. Such notice shall advise customers of the expected date the reseller's service will cease and shall include a statement advising customers that they should review their telephone Directory to determine what other local exchange carriers may be willing and able to provide service to the customer.

W. Va. Code R. § 150-6-2