Subchapter B. PAYMENT AND BILLING STANDARDS

§ 64.11. Method of payment.

 Payment may be made in any reasonable manner including payment by personal check, unless the customer within the past year has tendered a check which has been returned unpaid to the LEC by a financial institution for a reason for which the customer is at fault. When a tendered personal check is returned unpaid to the LEC by a financial institution for a reason for which the customer is at fault, the LEC may treat such unpaid check as a payment never made by the customer and, if it does so, shall not be obligated to halt suspension or termination action based on its receipt of this check from the customer. The LEC also may impose a handling charge, the amount of which shall be set forth in the carrier’s approved tariff. Notwithstanding the foregoing provisions, the LEC may not proceed with suspension or termination of service based on a disputed billed amount or impose a handling charge if the customer stops payment on a check due to a good faith billing dispute.

   The provisions of this §  64.11 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301—1325 and 1501—1511.

   The provisions of this §  64.11 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 14, 1989, effective July 15, 1989, 19 Pa.B. 3042; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial pages (241306) and (205941).

 The due date for payment of a monthly bill shall be at least 20 days from the date of mailing by the LEC to the customer.

   (1)  Extension of due date to next business day. If the last day for payment falls on a Saturday, Sunday or bank holiday or another day when the offices of the LEC which regularly receive payments are not open to the general public, the due date shall be extended to the next business day.

   (2)  Date of payment by mail. For a remittance by mail, one of the following applies:

     (i)   Payment shall be deemed to have been made on the date of the postmark.

     (ii)   The LEC may not impose a late payment charge unless payment is received more than 5 days after the due date.

     (iii)   The LEC may not mail or deliver notice of suspension until at least 5 days after the stated due date.

   (3)  Date of payment to branch office or authorized payment agent. The effective date of payment to a branch office or authorized payment agent is the date of actual payment at that location.

   (4)  Multiple notifications. When a LEC advises a customer by multiple notices or contacts and they contain different due dates, the date on or before which payment is due shall be the latest date contained in the notices listed in this section.

   The provisions of this §  64.12 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1301—1325 and 1501—1511.

 An LEC shall render a bill once every billing period to customers in accordance with approved rate schedules.

 (a)  Every bill rendered shall state clearly the following information:

   (1)  The date of the bill.

   (2)  The due date on or before which payment shall be received to avoid an account being considered delinquent.

   (3)  The beginning and ending dates of the billing period for service, excluding toll usage and equipment.

   (4)  The amount due for service and equipment during the current billing period, and the charges for toll service, local usage, taxes and applicable surcharges.

   (5)  An itemized statement of toll charges listing the date, time, destination, duration and rate period for each toll call.

   (6)  Amounts for security deposits owed by or credited to existing customers. This amount shall be separately stated on each bill if a security deposit remains unpaid.

   (7)  The total amount of payments and other credits made to the account during the current billing period.

   (8)  The amount of late payment charges.

   (9)  The total amount due.

   (10)  A statement directing the customer to register a question or complaint about the bill prior to the due date, with the address and telephone number where the customer may direct questions or complaints.

   (11)  A statement that a rate schedule, an explanation of how to verify the accuracy of a bill, and an explanation of the various charges, if applicable, can be obtained by calling the local business office of the LEC.

 (b)  At least annually, and upon request of the customer, the LEC shall provide an itemization of all service equipment and other recurring charges.

 (c)  Upon request for new or additional services, the LEC shall inform the customer of the monthly recurring charge for service and each item of equipment ordered by the customer and shall provide a minimum and maximum estimate of applicable nonrecurring charges. The LEC shall maintain a record of the estimates given for 90 days. The LEC shall have available a printed explanation of alternative rates and services.

 (d)  Every final bill shall contain a statement that a subsequent bill will be rendered if needed to collect charges, such as additional tolls or lost equipment.

   The provisions of this §  64.14 adopted November 30, 1984, effective January 1, 1985, 15 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial pages (140288) and (169497).

 Payment may be required before furnishing any of the following services:

   (1)  The construction of facilities and furnishing of special equipment.

   (2)  Temporary service for short-term use.

 (a)  A LEC is prohibited from levying or assessing a late payment charge on an overdue bill in an amount which exceeds 1.25% per month on the full unpaid and overdue balance of the bill. These charges are to be calculated only on the overdue portions of the bill. The rate, when annualized, may not exceed 15% per annum—computed by the simple interest method—and may not include previously accrued late payment charges. A late payment charge may not be assessed against an outstanding security deposit.

 (b)  An additional charge, fixed fee or penalty designed to recover the cost of a subsequent rebilling may not be charged.

   The provisions of this §  64.16 adopted November 30, 1984, effective January 1, 1985, 15 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial pages (169497) to (169498).

 (a)  Payments received by a LEC which are insufficient to pay the balance due for telephone service and nonbasic service shall first be applied to telephone service.

 (b)  Payments received by a LEC which are insufficient to pay the amount due for telephone service shall first be applied to basic service.

 (c)  This section does not apply if the customer supplies written instructions specifying how a partial payment should be applied.

   The provisions of this §  64.17 amended under the Pennsylvania Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

 In the absence of written instruction, or a disputed bill or a payment arrangement, payments received by the LEC which are insufficient to pay a balance due both for earlier services and for services billed during the current billing period shall first be applied to the balance due for earlier services, including late payment charges.

 (a)  Underbilling. A LEC may issue a make-up bill for unbilled services resulting from a billing error accrued within 4 years of the date of the bill under the following conditions:

   (1)  The LEC shall provide the ratepayer with a written explanation of the reason for the make-up bill and a statement that the customer may spread the payments over a period, as described in paragraph (2).

   (2)  The payment period may, at the option of the customer, be at least as long as the period during which the excess amount accrued or at least as long as necessary so that the total amount billed in 1 month is not greater than the average amount billed for 1 month plus 50%, whichever period is greater. A late payment charge may not be assessed on unbilled service when payments are made as described in this paragraph.

 (b)  Overbilling. When an overbilling occurs, the LEC shall credit the customer’s account in the amount of the overbilling, including applicable taxes, for up to 4 years before discovery of the overbilling, unless the customer requests reimbursement in one lump sum. A charge, in the amount stated in §  64.16 (relating to accrual of late payment charges), shall be paid on the overbilled amount where at least 30 days have elapsed between payment of the overbilled amount and the credit or refund thereof.

 (c)  Rebilling. The LEC shall notify the Commission of rebilling affecting more than 10% of its residential customers within 90 days of the rebilling.

   The provisions of this §  64.19 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1301—1325 and 1501—1511.

 (a)  In the event of termination or discontinuance of service within the last 4 years, the LEC may transfer an outstanding amount due to a new or existing residential service account of the same customer.

 (b)  In the event of discontinuance of service, the LEC may continue pending termination procedures at a new or existing residential service account of the same customer.

 (c)  In the event of a termination of service, the LEC may transfer to the account of a third party guarantor an amount not to exceed the limit of the guarantee.

 (a)  Charges for basic service shall be billed separately from charges for other services.

 (b)  A customer’s failure to pay charges for other services may not be a basis for termination of basic service unless the LEC is technically unable to terminate toll service without also terminating basic service as provided in §  64.63 (relating to unauthorized suspension of service).

   The provisions of this §  64.21 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

 A LEC may provide billing services for interexchange carriers when the LEC applies its deposit rules.

   The provisions of this §  64.22 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 1301—1325 and 1501—1511.

 (a)  Cramming. Upon contact from a customer alleging that cramming has occurred on the bill rendered to the customer by the LEC, the LEC shall do the following:

   (1)  Identify the charges, and clarify that the customer’s complaint is that the customer did not authorize the charges or order or use the services or products associated with the charges.

   (2)  Inform the customer that the charges will be removed from the LEC bill and that basic local service cannot be disconnected for failure to pay cramming charges.

   (3)  Inform the customer that the LEC will instruct the billing agent or service provider, or both, to take the steps necessary to prevent further billing of those charges or types of charges to the customer’s account.

   (4)  Inform the customer that removal of the charges from the LEC bill does not guarantee that the service provider or its billing agent will not use other collection remedies, including direct billing of the removed charges or use of a collection agency.

   (5)  Provide notice of a customer’s right to pursue a complaint. To customers who indicate a desire to receive complaint disclosure information, the LEC shall provide information about how to pursue the complaint against the service provider or billing agent by contacting the Bureau of Consumer Protection, (800) 441-2555, of the Pennsylvania Office of Attorney General, the Federal Communications Commission (FCC), and the Federal Trade Commission.

   (6)  Maintain for a minimum of 3 years records of all customer complaints of cramming in order to monitor adherence to the terms of the billing contract the LEC has with the service provider or billing agent, or both, relating to cancellation of the contract for excessive cramming complaints.

 (b)  Slamming. Upon contact from a customer alleging that slamming has occurred on one or both of the past two bills rendered to the customer by the LEC, regardless of dates of charges, the LEC shall do the following:

   (1)  Identify the name of the alleged unauthorized service provider, isolate the charge, and clarify that the customer’s complaint is that the customer did not authorize the switch to that particular service provider.

   (2)  Offer to restore the customer’s account, at no charge, to the service provider the customer had received service from prior to the unauthorized switch, and inform the customer of the option to request that a safeguard be placed on the customer’s account to prevent the LEC from processing a service provider request for a switch without the LEC obtaining express consent from the customer, consistent with FCC rules or procedures for lifting preferred carrier freezes.

   (3)  Inform the customer that the isolated charges will be removed from the LEC bill.

   (4)  Inform the customer that the LEC will instruct the service provider or billing agent, or both, to take the steps necessary to prevent further billing to the customer’s account.

   (5)  Inform the customer that removal of the charges from the LEC bill does not guarantee that the service provider or its billing agent will not use other collection remedies, including direct billing of the charges or use of a collection agency.

   (6)  Provide notice of a customer’s right to pursue a complaint against the service provider or billing agent and, to customers who indicate a desire to receive complaint disclosure information, information about how to pursue a complaint against the service provider or billing agent, or both, by contacting the FCC, the Commission or the Bureau of Consumer Protection, (800) 441-2555, of the Office of Attorney General.

   (7)  Maintain for a minimum of 3 years records of all customer allegations of slamming.

   The provisions of this §  64.23 issued under the Public Utility Code, 66 Pa.C.S. § §  501, 504—506, 1301 and 1501.

   The provisions of this §  64.23 adopted February 2, 2001, effective February 3, 2001, 31 Pa.B. 641; amended December 15, 2006, effective December 16, 2006, 36 Pa.B. 7558. Immediately preceding text appears at serial pages (296548) and (310305) to (310306).

   This section cited in 52 Pa. Code §  63.309 (relating to acquiring LSP provisions and obligations).