Text: HF00200 Text: HF00202 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 476.105 UNAUTHORIZED CHANGE OF
1 2 TELECOMMUNICATIONS SERVICE – CIVIL PENALTY.
1 3 1. For purposes of this section, unless the context
1 4 otherwise requires:
1 5 a. "Additional residential telecommunications service"
1 6 means a telecommunications service that results in a recurring
1 7 monthly charge to a consumer. "Additional residential
1 8 telecommunications service" does not include the following:
1 9 (1) A telecommunications service which is activated by the
1 10 consumer and which is paid for on a per-use basis.
1 11 (2) Changes to a consumer's bill resulting from a change
1 12 in taxes, a change in a consumer's location, or a preferred
1 13 carrier change charge.
1 14 b. "Telecommunications provider" means a person providing
1 15 telecommunications services to residential customers and
1 16 includes an agent of such person who is utilized to contact
1 17 residential consumers for the purpose of effectuating changes
1 18 in such consumers' residential telecommunications service or
1 19 telecommunications provider.
1 20 2. A telecommunications provider shall not effectuate a
1 21 change to a consumer's telecommunications services by
1 22 providing an additional residential telecommunications service
1 23 or a change to a consumer's telecommunications provider unless
1 24 the notification requirements under subsection 4 have been
1 25 satisfied.
1 26 3. A telecommunications provider providing an additional
1 27 residential telecommunications service or requesting a change
1 28 in a consumer's telecommunications provider shall obtain the
1 29 consumer's authorization for the change whenever such provider
1 30 acts as the consumer's agent with respect to the change.
1 31 4. A telecommunications provider requesting such change
1 32 shall provide written notice of a change in service or a
1 33 change in provider to the consumer. The notice shall be as
1 34 follows:
1 35 a. A letter detailing the change shall be sent to the
2 1 consumer by first-class mail, postage prepaid, no later than
2 2 seventy-two hours after implementation of such change.
2 3 b. A letter mailed pursuant to this subsection shall be a
2 4 separate document and shall be sent solely for the purpose of
2 5 describing the changes made to the consumer's
2 6 telecommunications service or telecommunications provider.
2 7 Such description shall include all costs associated with such
2 8 changes, including one-time and recurring costs.
2 9 c. The letter shall be printed in 10 point or larger
2 10 typeface and contain clear and plain language that confirms
2 11 the details of the change. The letter shall include a toll-
2 12 free telephone number to call should the consumer decide to
2 13 cancel the change or make additional service changes.
2 14 5. A consumer may file a complaint with the board
2 15 regarding an unauthorized change in the consumer's
2 16 telecommunications services or telecommunications provider.
2 17 The board may initiate an investigation or hearing on its own
2 18 motion. If, after notice and hearing, the board determines
2 19 that a telecommunications provider has committed a violation
2 20 of this section or a rule adopted pursuant to this section,
2 21 the board may do one or more of the following:
2 22 a. In the event of an unauthorized change of
2 23 telecommunications provider, require the violating
2 24 telecommunications provider to refund to the consumer any
2 25 amount collected in excess of the amount that would have been
2 26 charged by the consumer's chosen telecommunications provider.
2 27 b. In the event of an unauthorized change of
2 28 telecommunications provider, require the violating
2 29 telecommunications provider to pay to the consumer's chosen
2 30 telecommunications provider the amount the chosen
2 31 telecommunications provider would have collected from the
2 32 consumer for the telecommunications service provided.
2 33 c. Require the violating telecommunications provider to
2 34 pay a penalty of up to one thousand dollars, as determined by
2 35 the board, for each willful violation.
3 1 d. In the event of an unauthorized addition to a
3 2 consumer's residential telecommunications service, require the
3 3 violating telecommunications provider to refund all charges
3 4 associated with such additional residential telecommunications
3 5 service.
3 6 e. Issue an order to cease and desist from engaging in
3 7 such conduct.
3 8 f. For a pattern of continued violations of this section,
3 9 revoke the certificate of public convenience and necessity of
3 10 a local exchange service provider.
3 11 g. Other action authorized by law and as determined by the
3 12 board to be appropriate.
3 13 6. The board shall adopt rules pursuant to chapter 17A
3 14 prohibiting a change in service or a change in
3 15 telecommunications provider that is not authorized by a
3 16 consumer.
3 17 EXPLANATION
3 18 This bill prohibits a telecommunications provider from
3 19 effectuating a change to a consumer's telecommunications
3 20 services by providing an additional residential
3 21 telecommunications service or effectuating a change to a
3 22 consumer's telecommunications provider unless certain
3 23 notification requirements have been satisfied. The written
3 24 notice must involve a letter detailing the change sent to the
3 25 consumer by first-class mail, postage prepaid, no later than
3 26 seventy-two hours after implementation of such change. The
3 27 letter must be a separate document and sent solely for the
3 28 purpose of describing the changes made to the consumer's
3 29 service or provider. Such description shall include all costs
3 30 associated with such changes, including one-time and recurring
3 31 costs. The letter shall be printed in 10 point or larger
3 32 typeface and contain clear and plain language that confirms
3 33 the details of the change. The letter shall include a toll-
3 34 free telephone number to call should the consumer decide to
3 35 cancel the change or make additional service changes.
4 1 The bill authorizes the utilities board to use several
4 2 enforcement mechanisms including requiring the violating
4 3 telecommunications provider to refund certain charges, the
4 4 imposition of a civil penalty of up to $1,000 per violation,
4 5 and the revocation of the certificate of public convenience
4 6 and necessity of a local exchange service provider.
4 7 The bill defines "telecommunications provider" as a person
4 8 providing telecommunications services to residential customers
4 9 and includes an agent of such person who is utilized to
4 10 contact residential consumers for the purpose of effectuating
4 11 changes in such consumers' residential telecommunications
4 12 service or telecommunications provider.
4 13 LSB 1180YH 78
4 14 mj/jw/5
Text: HF00200 Text: HF00202 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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