N.J. Admin. Code § 14:3-3A.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 14:3-3A.8 - Discontinuance of a residential customer's telephone service

(a) The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise. Additional definitions that apply to this section can be found at 14:3-1.1:

"Basic residential local telephone charges" include charges for basic residential local telephone service, basic residential local service usage, nonrecurring charges for basic services (service ordering charges and installation charges for basic services), the Federally mandated subscriber line charges, and applicable State and Federal taxes.

"Basic residential local telephone service" or "BRLTS" means voice grade access service to the public switched network, touch tone service, single party service, access to emergency services, access to operator services, access to interexchange services, access to directory assistance and repair service associated with these services, and white pages listings provided to a residential subscriber.

"Nonbasic residential telephone service" means any telecommunications service or product other than basic residential local telephone service. The term includes, but is not limited to, the sale or lease of customer premises equipment, inside wiring maintenance plans, custom calling services (call waiting, caller ID, call forwarding, call return services), audiotext services, toll services, long distance service, pay-per-call services and international information or entertainment services.

(b) A telephone utility shall comply with all requirements for discontinuance of service in this section, in addition to the other requirements in this subchapter.

(c) When a residential customer's BRLTS charges exceed $ 30.00, a telephone utility may, in accordance with 14:3-3A.3(c), disconnect the service no sooner than 10 days after the postmark date of the written notice of discontinuance provided to the customer under 14:3-3A.3(b). Such notice shall include a statement that informs customers of their ability to make a partial payment on the bill and that any partial payment made by the customer would be allocated according to (h) below.

(d) A telephone utility may terminate BRLTS only for nonpayment of basic residential local telephone service charges, in accordance with 14:3-3A.2(b).

(e) When a residential customer's charges for non-basic telephone services are more than $ 20.00 in arrears, a telephone utility may deny or block those services, at no additional charge to the residential customer, subject to the notice requirements in (c) above. Customers who select the residential credit limit option in (f) below shall not be blocked until such time as their limit is met.

(f) A telephone utility may offer customers a residential credit limit option as follows:

1. A telephone utility that provides BRLTS and/or nonbasic residential telephone service may offer residential customers a credit limit option for an amount of not less than $ 200.00, as follows:

i. This option pertains exclusively to services, other than BRLTS, provided by telephone utilities;

ii. Pursuant to this option, a customer may incur unpaid charges for services other than BRLTS, up to the amount of the credit limit option;

iii. Every utility that provides basic or nonbasic residential local telephone service shall offer a deferred payment arrangement pursuant to 14:3-7.7 to any customer that exceeds the customer's credit limit;

iv. If the credit limit is reached for a customer that has selected the credit limit option, the utility may block or otherwise restrict the customer's access to services other than BRLTS; and

v. If the utility blocks or restricts non-BRLTS service under (f)1iv above, no additional tariff charge for blocking or service restoration shall apply, nor shall the telephone utility send a separate notice of discontinuance to the customer, notwithstanding other provisions of the utility's tariff; and

2. Every telephone utility that provides basic or nonbasic residential local telephone service, upon customer selection of the credit limit option, shall confirm the selection with the customer in writing, which confirmation shall include, but not be limited to, the following information:

i. The amount of the credit limit option;

ii. A statement that nonbasic services may be disconnected without notice should the customer exceed the selected credit limit;

iii. The customer's right to a deferred payment arrangement in order to allow the customer to maintain or restore telephone services; and

iv. A toll-free number the customer may call either for additional information about the credit limit option, to cancel the customer's credit limit option selection, or to determine the amount of credit used.

(g) Each telephone utility shall provide for deferred payment arrangements in accordance with 14:3-7.7. A deferred payment arrangement shall be made available to all basic local residential customers, including those who select the credit limit option in (f) above.

(h) Upon receipt of a partial payment from a residential telephone service customer, a telephone utility shall apply the payment as follows:

1. The partial payment shall first be applied to BRLTS;

2. Upon satisfaction of BRLTS charges, any residual or subsequent payment received during the same billing period shall be applied to the charges for nonbasic telephone service; and

3. In the event a customer fails to pay a bill for BRLTS charges, and notifies the utility that slamming, as defined at 14:10-1.2, has allegedly occurred, that portion of the bill that relates to the alleged slamming shall be considered in dispute pursuant to 14:3-7.6, and the utility shall neither apply residual or partial payments to the customer's charges for the slammed service, nor discontinue the customer's allegedly slammed service because of nonpayment.

(i) At the time a customer subscribes to BRLTS, the telephone utility shall inform the customer as to the partial payment allocation rules in (h) above. Notice of the partial payment allocation rules in (h) above shall be printed in the Customer Guide Section of the telephone utility's directory.

N.J. Admin. Code § 14:3-3A.8

New Rule, R.2000 d.84, effective 3/6/2000 (operative September 6, 2000).
See: 31 N.J.R. 740(a), 32 N.J.R. 815(b).
Recodified from N.J.A.C. 14:3-7.17 and amended by R.2008 d.119, effective 5/19/2008.
See: 39 N.J.R. 4077(b), 40 N.J.R. 2481(a).
Section was "Termination of residential telephone service". In the introductory paragraph of (a), inserted ". Additional definitions that apply to this section can be found at N.J.A.C. 14:3-1.1"; in definition "Basic residential local telephone service", substituted "or 'BRLTS'" for "(BRLTS)"; deleted definitions "InterLATA toll call", "IntraLATA toll call" and "LATA"; in definition "Nonbasic residential telephone service", substituted "ID" for "i.d."; rewrote the introductory paragraph of (b); deleted (b)1; recodified (b)2 as new (c); deleted the former introductory paragraph of (c); recodified former (c)1 as (e); deleted former (c)2 and (c)3; in (c), substituted "telephone utility" for "BRLTS provider", "under N.J.A.C. 14:3-3A.3(b)" for "of the provider's intention to disconnect such service" and "(h)" for "the rules set forth in (f)" and inserted "in accordance with N.J.A.C. 14:3-3A.3(c),", "the postmark date of the" and "of discontinuance provided"; added new (d); in (e), substituted "telephone utility" for "provider of BRLTS", "(c) above" for "this section" and "in (f)" for "set forth in (d)"; recodified former (d) as (f); rewrote (f); deleted the former introductory paragraph of (e) and (e)1 through (e)3; recodified former (e)4 as (g); rewrote (g); deleted the former introductory paragraph of (f); recodified former (f)1 as the introductory paragraph of (h); recodified former (f)1i through (f)1iii as (h)1 through (h)3; rewrote (h); recodified former (f)2 as (i); and rewrote (i).