CHAPTER 22
RATES CHARGED AND SERVICE SUPPLIED BY TELEPHONE UTILITIES
[Prior to 10/8/86, Commerce Commission[250]]
199—22.1(476) General information.
	22.1(1) Application and purpose of rules. The rules shall apply to any telephone utility operating within the state of Iowa subject to Iowa Code chapter 476, and shall supersede all conflicting rules of any telephone utility which were in force and effect prior to the adoption of their superseding rules. Unless otherwise indicated, “telephone utility” or “utility” shall mean both local exchange utility and alternative operator services company. These rules shall be construed in a manner consistent with their intent:
	a. 	To allow fair competition in the public interest while ensuring the availability of safe and adequate communications service to the public.
	b. 	To provide uniform, reasonable standards for communications service provided by telephone utilities.
	c. 	To ensure that the provision of service of local exchange utilities and the charges of alternative operator services companies for communications service, and regulated services rendered in connection therewith, will be reasonable and just.
	d. 	To ensure that no telephone utility shall unreasonably discriminate among different customers or service categories.
	22.1(2) Waiver and modification. If unreasonable hardship to a utility or to a customer or user results from the application of any rule herein prescribed, application may be made to the board for the modification of the rule or for temporary or permanent exemption from its requirements.
The adoption of these rules shall in no way preclude the board from altering or amending them, pursuant to statute, or from making such modifications with respect to their application as may be found necessary to meet exceptional conditions.
	22.1(3) Definitions. For the administration and interpretation of these rules, the following words and terms shall have the meaning indicated below:
“Active account” refers to a customer who is currently receiving telephone service, or one whose service has been temporarily disconnected (vacation, nonpayment, storm damage, etc.).
“Adjacent exchange service” is local telephone service, including extended area service, provided to a customer via direct facility connection to an exchange contiguous to the exchange in which the customer is located.
“Average busy-season, busy-hour traffic” means the average traffic volume for the busy-season, busy-hours.
“Base rate area” means the developed portion or portions within each exchange service area as set forth in the telephone utility’s tariffs, maps or descriptions.
“Board” means the Iowa utilities board.
“Business service” means the service furnished to customers where the use is substantially of a business, professional, institutional, or occupational nature, rather than a social and domestic nature.
“Busy-hour” means the two consecutive half hours during which the greatest volume of traffic is handled in the office.
“Busy-season” means that period of the year during which the greatest volume of traffic is handled in the office.
“Calls” means telephone messages attempted by customers or users.
“Central office” means a unit in a telephone system which provides service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting customer lines and trunks or trunks only. There may be more than one central office in a building.
“Central office access line” means a circuit extending from the central office equipment to the demarcation point.
“Channel” means an electrical path suitable for the transmission of communications.
“Check of service” or “service check” means an examination, test or other method utilized to determine the condition of customer-provided terminal equipment and existing or new inside station wiring.
“Class of service” means the various categories of service generally available to customers, such as business or residence.
“Competitive Local Exchange Carrier” or “CLEC” means a utility, other than an incumbent local exchange carrier, that provides local exchange service pursuant to an authorized certificate of public convenience and necessity.
“Customer” means any person, firm, association, corporation, agency of the federal, state or local government, or legal entity responsible by law for payment for communication service from the telephone utility.
“Customer provision” means customer purchase or lease of terminal equipment or inside station wiring from the telephone company or from any other supplier.
“Delinquent or delinquency” means an account for which a bill or payment agreement for regulated services or equipment has not been paid in full on or before the last day for timely payment.
“Demarcation point” means the point of connection provided and maintained by the telephone utility to which inside station wiring becomes dedicated to an individual building or facility. For an individual dwelling, this point of connection will generally be immediately adjacent to, or within 12 inches of, the protector or the dwelling side of the protector. The drop and block, including the protector, will continue to be provided by and remain the property of the telephone utility. In the instance where a physical protector does not exist at the point of cable entrance into the building or facility, the demarcation point is defined as the entrance point of the cable into the building or facility.
“Disconnect” means the disabling of circuitry preventing both outgoing and incoming communications.
“Due date” means the last day for payment without unpaid amounts being subject to a late payment charge or additional collection efforts.
“Exchange” means a unit established by a telephone utility for the administration of communication services.
“Exchange service” means communication service furnished by means of exchange plant and facilities.
“Exchange service area” or “exchange area” means the general area in which the telephone utility holds itself out to furnish exchange telephone service.
“Extended area service” means telephone service, furnished at flat rates, between end user customers located within an exchange area and all of the end user customers of an additional exchange area. Extended area service is only for calls both originating and terminating within the defined extended area.
“Foreign exchange service” means exchange service furnished a customer from an exchange other than the exchange regularly serving the area in which the customer is located.
“Former account” refers to a customer whose service has been permanently disconnected, and the final bill either has been paid or has been written off to the reserve for uncollectible accounts.
“Held order for primary service” means an application for establishment of primary service to a local exchange utility using its existing facilities to provide service not filled within five business days of the customer-requested date, or within 15 business days of the customer-requested date, where no facilities are available. During the period a local exchange utility provides equivalent alternative service, the customer’s order for primary service shall not be considered a held order.
“Held order for secondary service” means an application for establishment of secondary service to a local exchange utility using its facilities to provide service not filled within 30 business days or the customer-requested date, whichever is later.
“High-volume access service (HVAS)” is any service that results in an increase in total billings for intrastate exchange access for a local exchange utility in excess of 100 percent in less than six months. By way of illustration and not limitation, HVAS typically results in significant increases in interexchange call volumes and can include chat lines, conference bridges, call center operations, help desk provisioning, or similar operations. These services may be advertised to consumers as being free or for the cost of a long-distance call. The call service operators often provide marketing activities for HVAS in exchange for direct payments, revenue sharing, concessions, or commissions from local service providers.
“Inactive account” refers to a customer whose service has been permanently disconnected and whose account has not been settled either by payment or refund.
“Incumbent Local Exchange Carrier” or “ILEC” means a utility, or successor to such utility, that was the historical provider of local exchange service pursuant to an authorized certificate of public convenience and necessity within a specific geographic area described in maps approved by the board as of September 30, 1992.
“Interexchange service” is the provision of intrastate telecommunications services and facilities between local exchanges, and does not include EAS.
“Interexchange utility” means a utility, a resale carrier or other entity that provides intrastate telecommunications services and facilities between exchanges within Iowa, without regard to how such traffic is carried. A local exchange utility that provides exchange service may also be considered an interexchange utility.
“InterLATA toll service” means toll service that originates and terminates between local access transport areas.
“IntraLATA toll service” means toll service that originates and terminates within the same local access transport area.
“Intrastate access services” are services of telephone utilities which provide the capability to deliver intrastate telecommunications services which originate from end-users to interexchange utilities and the capability to deliver intrastate telecommunications services from interexchange utilities to end-users.
“Local exchange service” means telephone service furnished between customers or users located within an exchange area.
“Local exchange utility” means a telephone utility that provides local exchange service under tariff filed with the board. The utility may also provide other services and facilities such as access services.
“Message” means a completed telephone call by a customer or user.
“Message rate service” means service for which the customer charges are based on message units depending in part upon the number of originated local or extended area service messages.
“Outside plant” means the telephone equipment and facilities installed on, along, or under streets, alleys, highways, and private rights-of-way between customer locations, central offices or the central office and customer location.
“Percentage of fill” means the ratio of circuits and equipment in use to the total available multiplied by 100.
“Premises” means the space occupied by an individual customer in a building, in adjoining buildings occupied entirely by that customer, or on contiguous property occupied by the customer separated only by a public thoroughfare, a railroad right-of-way, or a natural barrier.
“Primary service” means the initial access to the public switched network.
“Protector” means a utility-owned electrical device located in the central office, at a customer’s premises or anywhere along any telephone facilities which protects both the telephone utility’s and the customer’s property and facilities from over-voltage and over-current by shunting such excessive voltage and currents to ground.
“Rate zone” means an area other than base rate area within an exchange service area where service generally is furnished at uniform rates without mileage charges.
“Rates” shall mean amounts billed to customers for local exchange service and alternative operator services.
“Rural service” means service in an exchange area outside of a base rate area or generally outside a special rate area.
“Secondary service” means services or facilities not classified as primary service.
“Special rate area” means an area within an exchange where service generally is furnished at uniform rates. Usually this comprises a developed area outside of the base rate area which is also known as a “locality rate area” and separated by some distance from the base rate area.
“Suspend” means temporary disconnection or impairment of service which shall disable either outgoing or incoming communications, or both.
“Switching service” means switching performed for service lines.
“Tariff” means the entire body of rates, classifications, rules, procedures, policies, etc., adopted and filed with the board by a telephone utility, including an alternative operator services company, in fulfilling its role of furnishing communications services.
“Telephone station” means the telephone instrument connected to the network.
“Telephone utility” or “utility” means any person, partnership, business association, or corporation, domestic or foreign, owning or operating any facilities for furnishing communications service to the public for compensation.
“Terminal equipment” means all telephone instruments, including pay telephone equipment, the common equipment of large and small key and PBX systems and other devices and apparatus, and associated wirings, which are intended to be connected electrically, acoustically or inductively to the telecommunication system of the telephone utility.
“Timely payment” is a payment on a customer’s account made on or before the due date shown: (1) On a current bill for rates and charges, or (2) by an agreement between the customer and a utility for a series of partial payments to settle a delinquent account.
“Toll connecting trunks” means a general classification of trunks carrying toll traffic and ordinarily extending between a local office and a toll office.
“Toll message” means a message made between different exchange areas for which a charge is made, excluding message rate service charges.
“Toll rate” means the charge prescribed for toll messages, usually based upon the duration of the message, the distance between the exchanges, the day and time of the message and the degree of operator assistance.
“Traffic” means telephone call volume, based on number and duration of calls.
“Traffic grade of service” means the decimal fraction representing the probability of a call being blocked by an all-trunks-busy condition during the average busy-season, busy-hour.
“Trouble report” means any call or written statement from a customer or user of telephone service relating to a physical defect or to difficulty or dissatisfaction with the operation of telephone facilities.
	22.1(4) Abbreviations.
AOS—Alternative Operator Services
EAS—Extended Area Service
PBX—Private Branch Exchange
	22.1(5) Basic utility obligations. Each telephone utility shall provide telephone service to the public in its service area in accordance with its rules and tariffs on file with the board. Such service shall normally meet or exceed the standards set forth in these rules governing “Rates Charged and Service Supplied By Telephone Utilities.”
	22.1(6) Deregulation actions.
	a. 	The board, in the dockets shown in subparagraphs (1) to (14), deregulated the following services. Persons interested in determining the precise extent of deregulation in each docket should refer to the board dockets identified in this list. This list is provided for information only. Subsequent orders in these or other dockets may have modified the scope and manner of deregulation. Exclusion of an order or a statutory provision from this list in no way alters the effectiveness of such order or statutory provision.
	(1)	Inside station wiring including provisioning, repair, and maintenance. This included a revised definition of “demarcation point” in subrule 22.1(3). Docket No. RMU-81-19. Effective October 8, 1982.
	(2)	Terminal equipment including provision, installation, repair, and maintenance of all customer premises equipment. Docket No. RMU-82-1. Effective May 11, 1983.
	(3)	Centrex, Hi-Lo Capacity Intraexchange, and Hi Capacity Interexchange and Private Line. Docket No. RPU-84-8. Effective July 1, 1984.
	(4)	Coin-operated telephones. Pay telephones were determined to be a subset of deregulated terminal equipment. Docket Nos. RMU-85-6 and INU-84-6. Effective September 18, 1985.
	(5)	Riser cable (or cable for PBXs on the same premises) was found to be an extension of inside wiring. Ownership was transferred from the telephone utility to the premises owner. The telephone utility was compensated for the cable. Docket No. RMU-85-23. Effective April 30, 1986.
	(6)	Versanet Alarm Services Equipment. The remote module connecting an alarm panel to the local loop was determined to be deregulated terminal equipment. The Versanet equipment monitoring the signal was found to be competitive and deregulated. Docket No. INU-85-5. Effective May 16, 1986.
	(7)	Mobile telephone and paging services. Docket No. INU-86-2. Effective August 7, 1986.
	(8)	Billing and collection services (but not the recording function). Docket Nos. RMU-86-16 and INU-86-10. Effective October 15, 1986.
	(9)	InterLATA Interexchange Message Telecommunications Service (MTS), Wide Area Telecommunications Service (WATS), Channel Service (Private Line), and Custom Network Service (Software Defined Network Service, Megacom Services, Megacom 800 Service, and AT&T Readyline Service). Docket No. INU-88-2. Effective April 5, 1989, and July 19, 1990.
	(10)	Speed calling. Docket No. INU-88-8. Effective December 22, 1989.
	(11)	The recording function of billing and collection services. Docket No.	INU-88-9. Effective January 9, 1990.
	(12)	Competitive IntraLATA Interexchange Services, InterLATA and IntraLATA ISDN, Operator Services, Directory Services, and Voice Messaging Service. Docket No. INU-95-3. Effective June 24, 1996.
	(13)	Local directory assistance. Docket No. INU-00-3. Effective February 23, 2001.
	(14)	Local exchange services found to be competitive and deregulated in the following exchanges: Armstrong, Coon Rapids, Council Bluffs, Delmar, Forest City, Harlan, Laurens, Lowden, Mapleton, Oxford, Oxford Junction, Primghar, Saint Ansgar, Solon, Spencer, Stacyville, Stanwood, Storm Lake, Tiffin, and Whiting. Docket No. INU-04-1. Effective December 23, 2004.
	b. 	Deregulation resulting from 2005 Iowa Acts, chapter 9, section 1. Effective July 1, 2005, Iowa Code section 476.1D(1) was amended to deregulate the retail rates for most business and residential local exchange services with the exception of single line flat-rated residential and business service rates, at the election of each telephone utility. The affected utilities opted for deregulation as follows:
	(1)	Approval of Qwest Corporation’s replacement tariff. Qwest's replacement tariff removed the rates for most local exchange services from the tariff, with the exception of single line flat-rated residential and business service rates. Docket No. TF-05-167. Effective September 6, 2005.
	(2)	Approval of Frontier Communications of Iowa, Inc.’s replacement tariff. This replacement tariff removed the rates for most local exchange services from the tariff, with the exception of single line flat-rated residential and business service rates. Docket No. TF-05-181. Effective September 20, 2005.
	(3)	Approval of Iowa Telecommunications Services, Inc.'s, d/b/a Iowa Telecom, replacement tariff. This replacement tariff removed the rates for most local exchange services, with the exception of single line flat-rated residential and business service rates. Docket No.	TF-05-182. Effective November 5, 2005.
	(4)	Single line flat-rated residential and business service rates were found to be competitive and deregulated in the following exchanges: Alta, Belle Plaine, Bennett, Cambridge, Carter Lake, Greene, Grundy Center, Guthrie Center, Hartley, Manning, Marble Rock, Marengo, Onawa, Orange City, Osage, Oyens, Paullina, Reinbeck, Slater, and Wapello. Docket No. INU-05-2. Effective December 5, 2005.
	(5)	Single line flat-rated residential and business service rates were deregulated pursuant to Iowa Code section 476.1D(1). Docket No. INU-08-1. Effective July 1, 2008.
[ARC 7826B, IAB 6/3/09, effective 7/8/09; ARC 8871B, IAB 6/30/10, effective 8/4/10]
199—22.2(476) Records and reports.
	22.2(1) Evaluation of records. Each telephone utility has the obligation to continually study and evaluate its records and reports to ensure that any irregularities in service that may cause customer or user dissatisfaction or complaint are corrected expeditiously and that all phases of construction, equipment maintenance or operation are satisfactory.
	22.2(2) Location and retention of records. Unless otherwise specified in this chapter, all records required by these rules shall be kept and preserved in accordance with the applicable provisions of Chapter 18 of the board’s rules, Utility Records.
Where a telephone utility is operated in conjunction with any other enterprise, suitable records shall be maintained so that the results of the telephone operation may be determined upon reasonable notice and request by the board.
	22.2(3) Tariffs to be filed with the board. The utility, including an alternative operator services company, shall file its tariff with the board, and shall maintain such tariff filing in a current status. A copy of the same tariff shall also be on file in all business offices of the telephone utility and shall be available for inspection by the public.
The tariff shall be classified, designated, arranged, and submitted so as to conform to the requirements of this chapter or board order. Provisions of the schedules shall be definite and so stated as to minimize ambiguity or the possibility of misinterpretation. The form, identification, and content of tariffs shall be in accordance with these rules unless otherwise provided.
Utilities which are not subject to the rate regulation provided for by Iowa Code chapter 476 shall not file schedules of rates unless required by another rule or by board order. Nothing contained in these rules shall be deemed to relieve any utility of the requirement of furnishing any of these same schedules or contracts which are needed by the board in the performance of the board’s duties upon request to do so by the board. Every telephone utility shall make the schedule of its rates readily available to customers on the utility’s Web site, if the utility has one, or by mail, upon request.
	22.2(4) Form and identification. All tariffs shall conform to the following rules.
	a. 	The tariff shall be printed, typewritten or otherwise reproduced on 8½ × 11-inch sheets of white paper equal in durability to 20-pound bond paper with 25 percent cotton or rag content so as to result in a clear and permanent record. The sheets of the tariff should be ruled or spaced to set off a border on the left side suitable for binding. In the case of utilities subject to regulation by any federal agency the format of sheets of tariff as filed with the board may be the same format as is required by the federal agency, provided that the rules of the board as to title page; identity of superseding, replacing or revising sheets; identity of amending sheets; identity of the filing utility, issuing official, date of issue and effective date; and the words “Filed with the board” shall be applied to modify the federal agency format for the purposes of filing with this board.
	b. 	The title page of every tariff and supplement shall show in the order named:
	(1)	The first page shall be the title page which shall show:
(Name of Public Utility)
Telephone Tariff
Filed with
Iowa Utilities Board
______________________________(date)
	(2)	When a tariff is to be superseded or replaced in its entirety, the replacing tariff shall show on its title page that it is a revision of a tariff on file.
	(3)	When a revision or amendment is made to a filed tariff, the revision or amendment shall show on each sheet the designation of the original tariff or the number of the immediate preceding revision or amendment which it replaces. (See exhibit A)
	(4)	When a new part of a tariff eliminates an existing part of a tariff it shall so state and clearly identify the part eliminated. (See exhibit A)
	c. 	Any tariff modifications as defined above shall be marked in the right-hand margin of the replacing tariff sheet with symbols as here described to indicate the place, nature and extent of the change in text.
—Symbols—
(C)—Changed regulation
(D)—Discontinued rate or regulation
(I)—Increase in rate
(N)—New rate or regulation
(R)—Reduction in rate
(T)—Change in text only
	d. 	All sheets except the title page shall have, in addition to the above-stated requirements, the following further information:
	(1)	(Name of public utility) Telephone Tariff under which shall be set forth the words “Filed with board.” If the utility is not a corporation, and a trade name is used, the name of the individual or partners must precede the trade name.
	(2)	Issuing official and issue date.
	(3)	Effective date (to be left blank by rate-regulated utilities).

EXHIBIT A	
	Telephone Tariff	
(Name of Company)	 	 	
Filed with board.	 	 	
 	 	Part No.		
		Sheet No.		
Canceling (or revising)		Sheet No.		
Amending		Sheet No.		
 	EXAMPLE	 	
Issued		Effective		
(Date)	 	(Date)	
By		
	22.2(5) Content of tariffs.
	a. 	A table of contents listing tariff sections in the order in which they appear showing the sheet number of the first page of each rate schedule or other section. In the event the utility filing the tariff elects to segregate a section such as general rules from other sections, it may at its option prepare a separate table of contents or index for each such segregated section.
	b. 	Local exchange utilities shall file a map which shall clearly define the base rate boundary and any rural or special zones that are set forth in the tariff. The boundary line location on such maps shall be delineated from fixed reference points.
	c. 	The period during which the billed amount may be paid before the account becomes delinquent shall be specified. Where net and gross amounts are billed, the difference between net and gross is a late payment charge and the amount shall be specified.
	d. 	Forms of standard contracts required of customers for the various types of service available other than those which are defined elsewhere in the tariff.
	e. 	A designation, by exchange, of the EAS to other exchanges.
	f. 	The list of exchange areas served.
	g. 	Definitions of classes of customers.
	h. 	Extension rules, under which extensions of service will be made, indicating what portion of the extension or cost thereof will be furnished by the utility; and if the rule is based on cost, the items of cost included as required in 22.3(6).
	i. 	The type of construction which the utility requires the customer to provide if in excess of the Iowa electrical safety code or the requirements of the municipality having jurisdiction, whichever may be the most stringent in any particular.
	j. 	Statement of the type of special construction commonly requested by customers which the utility allows to be connected, and the terms upon which such construction will be permitted, with due provision for the avoidance of unjust discrimination as between customers who request special construction and those who do not. This applies, for example, to a case where a customer desires underground service in overhead territory.
	k. 	Rules with which prospective customers must comply as a condition of receiving service.
	l. 	Notice by customer required for having service discontinued.
	m. 	Rules covering temporary service.
	n. 	Rules covering the type of equipment which may or may not be connected.
	o. 	Rules on billing periods, bill issuance, notice of delinquency, refusal of service, service disconnection and reconnection and customer account termination for nonpayment of bill.
	p. 	Rescinded IAB 12/21/05, effective 1/25/06.
	q. 	Customer deposit rules which cover when deposits are required, how the amounts of required deposits are calculated, requests for additional deposits, interest on deposits, records maintained, issuance of receipts to customers, replacement of lost receipts, refunds and unclaimed deposit disposition.
	r. 	A separate glossary of all acronyms and trade names used.
	s. 	A general explanation of each regulated service offering available from the utility.
	t.  to v.  Rescinded IAB 12/21/05, effective 1/25/06.
	22.2(6) Information to be filed with the board.
	a. 	Each utility shall file with the board the name, title, address, and telephone number of the person who is authorized to receive, act upon, and respond to communications from the board in connection with the following:
	(1)	General management duties.
	(2)	Customer relations (complaints).
	(3)	Engineering operations.
	(4)	Outages, including those occurring during nonoffice hours, pursuant to paragraph 22.2(8)“d.”
	b. 	A copy of a new directory being distributed to customers.
	22.2(7) Universal service certification application. Rescinded IAB 10/25/06, effective 11/29/06.
	22.2(8) Outage reporting requirements. Rescinded IAB 2/10/10, effective 3/17/10.
This rule is intended to implement Iowa Code section 476.2.
[ARC 7826B, IAB 6/3/09, effective 7/8/09; ARC 8516B, IAB 2/10/10, effective 3/17/10]
199—22.3(476) General service requirements. The requirements of this rule do not apply to intrastate access service.
	22.3(1) Directories. All directories published after the effective date of these rules shall conform to the following:
	a. 	Telephone directories shall be published not less than annually, except for good cause shown, listing the name, address and telephone number of all customers unless otherwise requested by the customer. A local exchange carrier serving an exchange may choose not to publish a telephone directory if the local exchange carrier makes arrangements for publication in a directory that is commonly available in the local exchange in question.
	b. 	Upon issuance, a copy of each directory shall be distributed without charge to all of the utility’s customers locally served by that directory.
	c. 	The year of issue or effective dates shall appear on the front cover and, if space permits, on the binding. Information pertaining to emergency calls, such as for the police and fire departments, for each exchange listed in the directory shall appear conspicuously on the front side of the first page of the directory. The directory shall also show a summary of the names of listed exchanges.
	d. 	The directory shall contain such instructions concerning placing local and long distance calls, calls to repair and information services, and location of telephone company business offices as may be appropriate to the area served by the directory. A statement shall be included that the company will verify the condition of a line if requested by a customer and whether any charge will apply. The directory must indicate how to order 900 and 976 blocking and indicate that the first block is without charge. The directory shall contain descriptions of all current N11 services.
	e. 	Directory assistance or intercept operators shall maintain records of all telephone numbers (except telephone numbers not listed or published at customer request) in the area for which they are responsible for furnishing information service.
	f. 	In the event of an error or omission, in the name or number listing of a customer, that customer’s correct name and telephone number shall be furnished to the calling party either upon request to or interception by the telephone company.
	g. 	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.
	h. 	For any exchange in which an extended area call can terminate, the terminating exchange telephone utility shall provide all recently compiled directory listings, except listings for nonpublished or nonlisted customers, to the utility from which the extended area call originates. The telephone utility shall provide the directory listing without charge, within 30 days of receipt of a written request for those listings.
	i. 	In addition to the serving exchange directory listing required under 22.3(1)“a,” upon the customer’s request, an Iowa customer served by an out-of-state exchange shall be included in the directory list of one contiguous Iowa exchange of the customer’s choice. Any charge for such Iowa listing shall be paid by the serving exchange.
	22.3(2) Service check. Upon the individual customer’s request, each telephone utility shall perform a service checkup to the demarcation point, without charge to the customer.
	22.3(3) Class of service. Rescinded IAB 12/21/05, effective 1/25/06.
	22.3(4) Compliance. Rescinded IAB 12/21/05, effective 1/25/06.
	22.3(5) Pay telephone services and facilities. All telephone utilities shall make available to customers provisions for the interconnection of pay telephone equipment on the same basis as business service. A separate access line shall not be required for pay telephone equipment. Nonrate-regulated telephone utilities shall provide service consistent with this subrule, but the subrule shall not apply to the pricing by nonrate-regulated telephone utilities of access lines to pay telephones.
	22.3(6) Extension plan. Each utility shall develop a plan, acceptable to the board, for the extensions of facilities, where they are in excess of those included in the regular rates for service and for which the customer shall be required to pay all or part of the cost. The cost required to be paid by the customer shall be the revenue received by the telephone utility for the extension of plant and shall include a grossed-up amount for the income tax effect of such revenue. The amount of tax shall be reduced by the present value of the tax benefits to be obtained by depreciating the property in determining the tax liability. This plan must be related to the investment that prudently can be made for the probable revenue. No utility shall make or refuse to make any extensions except as permitted by the approved extension plan.
	22.3(7) Reserved.
	22.3(8) Traffic rules. Rescinded IAB 12/21/05, effective 1/25/06.
	22.3(9) “Directory assistance.” Rescinded IAB 12/21/05, effective 1/25/06.
	22.3(10) Nonworking numbers. All nonworking numbers shall be placed upon an adequate intercept where existing equipment allows.
	22.3(11) Assignment of numbers.
	a. 	No telephone number shall be reassigned to a different customer within 60 days from the date of permanent disconnect.
	b. 	For customers assigned a new number within the exchange, the former working number intercept shall provide the new number to a calling party for not less than 60 days or until the issuance of a new directory. No new number information shall be provided if the customer so requests.
Exception:  When a change in number is required by a telephone utility due to nonpayment of yellow page advertising, the intercept is not required to volunteer the new number to callers. The new number shall be provided to callers of the directory assistance operator.
	c. 	If the number assigned a customer results in wrong number calls sufficient in volume to be a nuisance, the number shall be changed at no charge.
	22.3(12) Ordering and transferring of service. The terms and conditions for ordering and transferring local exchange service shall be contained in the telephone utility's tariff.
	22.3(13) Basic local service. Rescinded IAB 12/21/05, effective 1/25/06.
	22.3(14) Adjacent exchange service. All local exchange utilities shall file tariffs which include provisions which allow customers to establish adjacent exchange service.
	a. 	The tariffs shall require the customer to pay the full cost of establishing and maintaining the adjacent exchange service.
	b. 	In addition, the tariffs may include all or part of the following service provisions:
	(1)	The subscriber shall subscribe to local exchange service in the primary exchange in addition to the adjacent exchange service.
	(2)	All toll messages shall be placed through the primary exchange, unless there is a service outage in that exchange.
	(3)	The primary exchange company shall bill for the adjacent exchange service and make appropriate settlement to the secondary exchange company, unless the primary exchange and the adjacent exchange agree to a different billing arrangement.
	(4)	Adjacent exchange service shall be restricted to only the residential class of service, unless a waiver is permitted by the board for a particular customer for good cause shown.
	(5)	Failure of the subscriber to comply with the tariff provisions related to adjacent exchange service shall make the subscriber subject to discontinuance of service after appropriate notice.
	c. 	These adjacent exchange service rules shall not affect the terms under which a customer receives adjacent exchange service, if that customer was receiving adjacent exchange service prior to the effective date of these rules.
[ARC 7826B, IAB 6/3/09, effective 7/8/09]
199—22.4(476) Customer relations.
	22.4(1) Customer information.
	a. 	Each utility shall:
	(1)	Maintain up-to-date maps, plans, or records of its entire exchange systems. These maps shall be available for board examination at a location within Iowa during regular office hours and will be provided to the board upon request. These are not the same maps as the boundary maps described in subrule 22.20(3).
	(2)	Whenever a residential customer or prospective residential customer requests local exchange service from a utility, and the customer indicates a desire to be informed of the lowest priced service alternatives available for local exchange service, the utility shall inform that customer of the lowest priced alternative available from that utility, based only on monthly recurring rates for flat-rated services, at the relevant location.
	(3)	Notify customers affected by a change in rates or schedule classification.
	(4)	Furnish such additional information as the customer may reasonably request.
	b. 	Inquiries for information or complaints to a utility shall be resolved promptly and courteously. Employees who receive customer telephone calls and office visits shall be qualified and trained in screening and resolving complaints, to avoid a preliminary recitation of the entire complaint to employees without ability and authority to act. The employee shall provide identification to the customer.
Unless a customer agrees to an alternative form of notice, local exchange utilities shall notify their customers, by bill insert or notice on the bill form, of the address and telephone number where a utility representative qualified to assist in resolving the complaint can be reached. The bill insert or notice shall also include the following statement: “If (utility name) does not resolve your complaint, the service may be subject to state regulation. You may request assistance from the Iowa Utilities Board by writing 1375 E. Court Avenue, Room 69, Des Moines, Iowa 50319-0069, by calling (515)725-7321 or toll-free 1-877-565-4450, or E-mail to customer@iub.iowa.gov.”
The bill insert or notice on the bill will be provided no less than annually. A telephone utility which provides local exchange service and issues an annual directory shall publish the information set forth above in its directory in addition to a mailing.
	22.4(2) Customer deposits. Each utility may require from any customer or prospective customer a deposit intended to guarantee payment of bills for service based on the customer's credit history. No deposit other than for local exchange service is required to obtain local exchange service. The deposit must reflect the limits as to low-income customers in 199—subparagraph 39.3(2)“b”(4).
	a. 	Deposits for local exchange service shall not be more in amount than the maximum charge for two months of local exchange service, or as may reasonably be required by the utility in cases involving service for short periods of time or special occasions. The deposit amounts must also reflect the limits as to low-income customers in 199—subparagraph 39.3(2)“b”(4).
	b. 	Interest on customer deposits. Interest on such deposits shall be computed at 4.0 percent per annum, compounded annually. Interest shall be paid for the period beginning with the date of deposit to the date of refund or to the date that the deposit is applied to the customer’s account, or to the date the customer’s bill becomes permanently delinquent. The date of refund is that date on which the refund or the notice of deposit refund is forwarded to the customer’s last-known address. The date a customer’s bill becomes permanently delinquent, relative to an account treated as an uncollectible account, is the most recent date the account became delinquent.
	c. 	Each utility shall keep records to show:
	(1)	The name and address of each depositor.
	(2)	The amount and date of the deposit.
	(3)	Each transaction concerning the deposit.
	d. 	Each utility shall issue a receipt of deposit to each customer from whom a deposit is received. An itemized statement on the customer's bill may be considered an appropriate receipt. Each utility shall also provide means whereby a depositor may establish claim if the receipt is lost.
	e. 	The deposit shall be refunded after not more than 12 consecutive months of prompt payment (which may be 11 timely payments and one automatic forgiveness of late payment). The account shall be reviewed after 12 months of service and if the deposit is retained it shall again be reviewed at the end of the utility’s accounting year or on the anniversary date of the account.
	f. 	Unclaimed deposits. The utility shall make a reasonable effort to return each unclaimed deposit and accrued interest after the termination of the services for which the deposit was made. The utility shall maintain a record of deposit information for at least two years or until such time as the deposit, together with accrued interest, escheats to the state pursuant to Iowa Code section 556.4, at which time the record and deposit, together with accrued interest less any lawful deductions, shall be sent to the state treasurer pursuant to Iowa Code section 556.11.
	g. 	Unclaimed deposits, together with accrued interest, shall be credited to an appropriate account.
	h. 	A new or additional deposit for local exchange service may be required to cover the amount provided in “a” above when a deposit has been refunded or the customer’s payment history demonstrates a deposit is or continues to be appropriate. Written or verbal notice shall be provided advising the customer of any new or additional deposit requirement. The customer shall have no less than 12 days from the date of written or verbal notice to comply. The new or additional deposit may be payable electronically or by cash or check at any of the utility’s business offices or local authorized agents. An appropriate receipt shall be provided. No written notice is required to be given of a deposit required as a prerequisite for commencing initial service.
	i. 	A customer who fails to pay a new or additional deposit for local exchange service may be disconnected under the provisions of the written notice and 22.4(5).
	22.4(3) Customer billing, timely payment, late payment charges, payment and collection efforts. Each utility’s tariff rules shall comply with these minimum standards.
	a. 	Billing to customers shall be scheduled monthly except upon mutual agreement of the customer and utility. A utility with unusual circumstances may obtain authority from the board for billing at other than monthly intervals.
	b. 	Rescinded IAB 2/6/91, effective 3/13/91.
	c. 	Paper bills shall be issued and delivered via U.S. mail unless the customer agrees to electronic or other billing pursuant to terms specified by tariff or customer agreement. Except as otherwise noted, the requirements of this subrule apply to both paper and electronic bills. The bill form or a bill insert shall provide the following information:
	(1)	The bill date and the bill due date for local exchange services, service charges, and other telecommunications services.
	(2)	The last date for timely payment shall be clearly shown and shall be not less than 20 days after the bill is rendered. For a paper bill, the bill shall be considered rendered to the customer when deposited in the U.S. mail with postage prepaid. For an electronic bill, the bill shall be considered rendered to the customer on the date of transmission to the last-known E-mail address or as otherwise defined in an agreement between the customer and utility. If the delivery of a paper bill is by other than U.S.	mail, the bill shall be considered rendered when delivered to the last-known address of the party responsible for payment. If a bill cannot be transmitted electronically, the utility shall issue a paper bill. The utility may charge an appropriate amount for the distribution of a paper bill so long as the same amount is discounted should the customer choose electronic billing. When a customer changes from paper billing to electronic billing, the utility shall be allowed one complete billing cycle to make adjustments for electronic billing credits.
	(3)	Bills to customers shall be rendered regularly and shall contain a clear listing of all charges. A written, itemized listing of the services to which the customer subscribes and the monthly rates for those services shall be provided as part of the initial bill or when service is ordered and subsequently upon reasonable request of the customer.
	(4)	Each disconnection notice shall state that access to local exchange service shall not be denied for failure to pay for deregulated services.
	(5)	The requirements of subparagraph (1) above shall not apply to calls billed by interexchange utilities, including AOS companies.
	(6)	The requirements of subparagraphs (2), (3) and (4) above shall not apply to calls billed to a commercial credit card.
	d. 	Rescinded IAB 6/3/09, effective 7/8/09.
	e. 	Unless the terms of a multistate customer contract state otherwise, when the customer makes a partial payment in a timely manner, and does not designate the service or product for which payment is made, the payment shall first be applied to the undisputed balance for local exchange service. If an amount remains, it may then be applied to other services.
	f. 	Each account shall be granted not less than one complete forgiveness of a late payment charge each calendar year. The utility’s rules shall be definitive that on one monthly bill in each period of eligibility, the utility will accept the net amount of such bill as full payment for such month after expiration of the net payment period. The rules shall state how the customer is notified the eligibility has been used. Complete forgiveness prohibits any effect upon the credit rating of the customer or collection of late payment charge.
	g. 	All residential customers shall be permitted to have a last date for timely payment changeable for cause in writing; such as, but not limited to, 15 days following the approximate date each month upon which income is received by the person responsible for payment.
	h. 	Maximum payment required for installation and activation of local exchange service shall comply with the total derived in accord with these rules and the filed tariff.
	(1)	An applicant for local exchange service, who under the tariff credit rules is required to make a deposit to guarantee payment of bills, may be required to pay the service charges and deposit prior to obtaining service.
	(2)	The amounts required must comply with 22.4(2), 22.4(5) and 22.4(7).
	i. 	Maximum payments required by an active account or inactive account, for restoration of service of the same class and location as existed prior to disconnection, shall be the total of charges derived for reconnection and must comply with 22.4(2), 22.4(5) and 22.4(7). Only charges specified in the filed tariff shall be applied.
	j. 	The utility may initiate collection efforts with the issuance of a final bill when the termination of service is at the customer’s request. For all other bills no collection effort other than rendering of the bill shall be undertaken until the delinquency date.
	k. 	Undercharges. The time period for which a utility may back bill a customer for undercharges shall not exceed five years unless otherwise ordered by the board.
	l. 	Overcharges. The time period for which the utility is required to refund or credit the customer’s bill shall not exceed five years unless otherwise ordered by the board. Refunds to current customers may be in the form of bill credits, unless the refund exceeds $50 and the customer requests a refund in the same manner by which the bill was originally paid. Refunds to former customers may be made in the same manner by which the bill was originally paid. Refunds for local exchange service may not be applied to unpaid amounts for unregulated services.
	22.4(4) Customer complaints.
	a. 	Complaints concerning the charges, practices, facilities, or service of the utility shall be investigated promptly and thoroughly. The utility shall keep a record of such complaint showing the name and address of the complainant, the date and nature of the complaint, its disposition, and all other pertinent facts dealing with the complaint, which will enable the utility to review and analyze its procedure and actions. The records maintained by the utility under this rule shall be available for a period of two years for inspection by the board or its staff upon request.
	b. 	Each utility shall provide in its filed tariff a concise, fully informative procedure for the resolution of all customer complaints.
	c. 	The utility shall take reasonable steps to ensure that customers unable to travel shall not be denied the right to be heard.
	d. 	The final step in a complaint hearing and review procedure shall be a filing for board resolution of the issues.
	22.4(5) Refusal or disconnection of service. Notice of a pending disconnection shall be rendered and local exchange service shall be refused or disconnected as set forth in the tariff. The notice of pending disconnection required by these rules shall be a written notice setting forth the reason for the notice, and the final date by which the account is to be settled or specific action taken.
The notice shall be considered rendered to the customer when deposited in the U.S. mail with postage prepaid. If delivery is by other than U.S. mail, the notice shall be considered rendered when delivered to the last-known address of the person responsible for payment for the service. The final date shall be not less than five days after the notice is rendered.
One written notice, including all reasons for the notice, shall be given where more than one cause exists for refusal or disconnection of service. This notice shall include a toll-free or collect number where a utility representative qualified to provide additional information about the disconnection can be reached. The notice shall also state the final date by which the account is to be settled or other specific action taken. In determining the final date, the days of notice for the causes shall be concurrent.
Service may be refused or disconnected for any of the reasons listed below. Unless otherwise stated, the customer shall be provided notice of the pending disconnection and the rule violation which necessitates disconnection. Furthermore, unless otherwise stated, the customer shall be allowed a reasonable time in which to comply with the rule before service is disconnected. Except as provided in 22.4(5)“a,” “b,” “c,” “d,” and “e,” no service shall be disconnected on the day preceding or the day on which the utility’s local business office or local authorized agent is closed. Service may be refused or disconnected:
	a. 	Without notice in the event of a condition on the customer’s premises determined by the utility to be hazardous.
	b. 	Without notice in the event of customer’s use in such a manner as to adversely affect the utility’s equipment or the utility’s service to others.
	c. 	Without notice in the event of tampering with equipment furnished and owned by the utility.
	d. 	Without notice in the event of unauthorized use.
	e. 	For violation of or noncompliance with the utility’s rules on file with the board, the requirements of municipal ordinances or law pertaining to the service.
	f. 	For failure of the customer or prospective customer to furnish service equipment, permits, certificates or rights-of-way specified to be furnished in the utility’s rules filed with the board as conditions for obtaining service, or for the withdrawal of that same equipment or the termination of those permissions or rights, or for the failure of the customer or prospective customer to fulfill the contractual obligations imposed upon the customer as conditions of obtaining service by a contract filed with and subject to the regulatory authority of the board.
	g. 	For failure of the customer to permit the utility reasonable access to its equipment.
	h. 	For nonpayment of bill or deposit, except as restricted by 22.4(7), provided that the utility has made a reasonable attempt to effect collection and:
	(1)	Has provided the customer with 5 days’ prior written notice with respect to an unpaid bill and 12 days’ prior written notice with respect to an unpaid deposit, as required by this rule; disconnection may take place prior to the expiration of the 5-day unpaid bill notice period if the utility determines, from verifiable data, that usage during the 5-day notice period is so abnormally high that a risk of irreparable revenue loss is created.
	(2)	Is prepared to reconnect the same day if disconnection is scheduled for a weekend, holiday or after 2 p.m.
	(3)	In the event of a dispute concerning the bill, the telephone company may require the customer to pay a sum of money equal to the amount of the undisputed portion of the bill. Following payment of the undisputed amount, efforts to resolve the complaint, using complaint procedures in the company’s tariff, shall continue and for not less than 45 days after the rendering of the disputed bill, the service shall not be disconnected for nonpayment of the disputed amount. The 45 days may be extended by up to 60 days if requested of the utility by the board in the event the customer files a written complaint with the board.
	22.4(6) Medical emergency. Disconnection of a residential customer shall be postponed 30 days if an existing medical emergency of the customer, a member of the customer’s family, or any permanent resident of the premises where service is rendered would present an especial danger to the health of any permanent resident of the premises. Indicators of an especial danger to health include, but are not limited to: age; infirmity; mental incapacitation; serious illness; physical disability, including blindness and limited mobility; and any other factual circumstance which may indicate a severe or hazardous health situation. The telephone utility may require written verification of the especial danger to health by a physician or a public health official, including the name of the person endangered, and a statement that the person is a resident of the premises in question. Initial verification may be by telephone, but the telephone utility may require a written verification within 5 days of the verification of the especial health danger by the physician or a public health official, including the name of the person endangered and a statement that the person is a resident of the premises in question. If the service has been disconnected within 14 days prior to verification of illness for a qualifying resident, service shall be restored to that residence if a proper verification is thereafter made in accordance with the foregoing provisions. If the customer does not make payment during the 30-day period, the service is then subject to disconnection pursuant to subrule 22.4(5).
	22.4(7) Insufficient reasons for refusal, suspension, or discontinuance of service. The following shall not constitute sufficient cause for refusal, suspension, or discontinuance of local exchange service to a present or prospective customer:
	a. 	Delinquency in payment for service by a previous occupant of the premises to be served.
	b. 	Failure to pay for terminal equipment, inside station wiring or other merchandise purchased from the utility.
	c. 	Failure to pay for a different type or class of public utility service.
	d. 	Failure to pay the bill of another customer as guarantor thereof.
	e. 	Permitting another occupant of the premises access to the telephone utility service when that other occupant owed an uncollectible bill for service rendered at a different location.
	f. 	Failure to pay for yellow page advertising.
	g. 	Failure to pay for deregulated services other than local exchange service.
	22.4(8) Temporary service. When the utility renders temporary service to a customer, it may require that the customer bear all the cost of installing and removing the service facilities in excess of any salvage realized.
[ARC 7826B, IAB 6/3/09, effective 7/8/09; Editorial change: IAC Supplement 12/29/10]
199—22.5(476) Telephone utility service standards.
	22.5(1) Requirement for good engineering practice. The telephone plant of the utility shall be designed, constructed, installed, maintained and operated subject to the provisions of the Iowa electrical safety code as defined in 199 IAC Chapter 25 and in accordance with accepted good engineering practice in the communication industry to ensure, as far as reasonably possible, continuity of service, uniformity in the quality of service furnished, and the safety of persons and property.
	22.5(2) Adequacy of service.
	a. 	Each local exchange utility and alternative operator services company shall employ prudent management and engineering practices so that sufficient equipment and adequate personnel are available at all times, including average busy-hour of the busy-season.
	b. 	Each local exchange utility and alternative operator services company shall conduct traffic studies, employ reasonable procedures for forecasting future service demand, and maintain records necessary to demonstrate to the board that sufficient equipment is in use and that an adequate operating force is provided.
	c. 	Each utility shall employ adequate procedures for assignment of facilities. The assignment record shall be kept up-to-date and checked periodically to determine if adjustments are necessary to maintain proper balance in all trunk and equipment groups. The records shall be available for review by the board upon request.
	d. 	The criteria established in these rules define a minimal acceptable standard for the most basic elements of telecommunications service. The rules do not include all criteria and they do not establish the most desirable service level for any basic element. If a specific element is not covered, the provider must meet generally accepted industry standards for that element. Total service must also meet generally accepted industry standards.
	e. 	The standards within these rules establish the minimum acceptable quality of service under normal operating conditions. They do not establish a level of performance to be achieved during the periods of emergency, catastrophe affecting large numbers of customers, nor do they apply to extraordinary or abnormal conditions of operation, such as those resulting from work stoppage, civil unrest, or other events.
	22.5(3) Central office requirements.
	a. 	Each local exchange utility shall employ appropriate procedures to determine the adequacy of central office equipment. Sufficient central office capacity and equipment shall be provided to meet the following minimum requirements during average busy-season, busy-hour:
	(1)	Dial tone within three seconds for 98 percent of call attempts on the switched network.
	(2)	Complete dialing of called numbers on at least 97 percent of telephone calls without encountering an all-trunks-busy condition within the central office.
	(3)	At least 98 percent of all correctly dialed interoffice local calls shall not encounter an all-trunks-busy condition.
	(4)	At least 98 percent of all correctly dialed calls offered to any trunk group within an EAS calling area will not encounter an all-trunks-busy condition.
	b. 	Each local exchange utility shall engineer all central office equipment using sound engineering practice, consistent with the practices of the telephone industry. All new central offices shall be engineered on a terminal-per-station basis.
	c. 	Rescinded IAB 6/3/09, effective 7/8/09.
	d. 	Each central office shall be provided with alarms on a 24-hour basis to indicate improper functioning of equipment. All alarms shall be transmitted to an alarm center or to a location that will receive and respond to the alarm condition as set forth in the Utilities Emergency/Disaster Plan on a 24-hour, seven-day-a-week basis. All alarms and alarm sensors must be tested and reported internally on a regular basis, not to exceed six months.
	22.5(4) Telecommunication circuits. All circuits shall be properly constructed and maintained to ensure quality service.
	22.5(5) Interexchange trunks. Trunks for extended area service shall be provided so that at least 98 percent of telephone calls will not encounter an all-trunks-busy condition.
	22.5(6) Loop transmission requirements. Local exchange utilities shall furnish and maintain adequate plant, equipment, and facilities to provide satisfactory transmission of communications between users in their service areas. Transmission shall be at adequate volume levels and free of excessive distortion. Levels of noise and cross talk shall be such as not to impair communications.
	22.5(7) Minimum transmission objectives.
	a. 	The transmission objectives set forth are based upon the use of standard telephone stations connected to a 48-volt dial central office, and measured at a frequency of 1,000 hertz.
	b. 	Lines shall have a loop resistance not exceeding the operating design of the associated central office equipment, unless long line adapters and amplifiers or special equipment are used.
	c. 	All loop measurements shall be taken across tip and ring and to ground at the demarcation point excluding all inside wiring and terminal equipment.
	(1)	Loop current shall be acceptable above 20 mA.
	(2)	Circuit loss shall be measured at 1004 KHz at 0 dBm from the central office. The acceptable level shall be 0 to—8 dBm with a maintenance margin not to exceed 8.5 dB.
	(3)	Circuit noise shall be measured on a quiet (balanced) termination from the central office. The acceptable level shall be less than 20 dBrnC, the marginal level between 20 and 30 dBrnC, and unacceptable above 30 dBrnC.
	(4)	Power influence level shall be acceptable from 0 to 80 dBrnC, marginal from 80 to 90 dBrnC, and unacceptable above 90 dBrnC. Although the communication utility has the requirement to meet this objective, the communication and electric utilities shall cooperate in mitigating the effects of AC power induction.
	d. 	Whenever feasible, the overall transmission loss, including terminating equipment, on intertandem trunks should be 6 dB for an all digital connection. Overall transmission loss, including terminating equipment on intertandem trunks should not exceed 9 dB for a composite digital and analog connection. This measurement shall be taken at 1004 Hz.
	(1)	The transmission objectives set forth are based upon measurements at the customer’s network interface device with the customer premise disconnected.
	(2)	The transmission loss as set forth means the loss that occurs in a telecommunication connection measured in decibels (dB) at 1004 Hz exclusive of rest pads, impedance matching coils used for measuring and similar devices.
	(3)	A customer line shall, in general, have loop resistance not exceeding the operating design of the associated central office equipment. Amplifiers and long line adapters may be used to extend the central office design limits.
	(4)	A minimum line current of 20 mA DC is acceptable.
	(5)	The customer line (loop) shall be designed for a maximum loss of 8.0 dB at 1004 Hz to be measured from the customer demarcation to the central office one milliwatt test tone supply.
	(6)	The actual measured loss of the customer loop shall not exceed 9.0 dB from the customer demarcation to the central office one milliwatt test tone supply. A loss greater than 9.0 dB is unacceptable, requiring immediate action.
	(7)	Circuit noise is to be measured on a quiet termination from the central office. The acceptable level is not to exceed 20 dBrnC. The marginal level is between 20 dBrnC and 30 dBrnC. Any measurement exceeding 30 dBrnC is unacceptable, requiring immediate action.
	22.5(8) Joint use. Where joint construction is mutually agreed upon, it shall be subject to the provisions of the Iowa electrical safety code and the requirement for good engineering practice found in subrule 22.5(1).
	22.5(9) Provisions for testing. Each telephone utility shall provide or have access to test facilities which will enable it to determine the operating and transmission capabilities of circuit and switching equipment, either for routine maintenance or for fault location.
	22.5(10) Operator-assisted calls. These operator services rules shall apply to all local exchange utilities, interexchange utilities, and alternative operator services companies which provide operator services.
	a. 	All communications between customers must be considered as confidential in nature. The provider shall take reasonable action to minimize the potential access of other entities to those communications. Operators or employees of the provider must not listen to any conversation between customers except when an operating necessity. Operators shall not repeat or divulge the nature of any local or long distance conversation, nor divulge any information inadvertently overheard. Providers will be held responsible for strict compliance with this rule by their employees or other entities which perform this service for the provider.
	b. 	Suitable rules and instructions shall be adopted by each provider and followed by employees or other entities employed by the provider governing the language and operating methods to be used by operators during assistance to customers. Any required call timing for regulated operator-assisted calls shall accurately record when the customer-requested connection is established and when it is terminated.
	c. 	Each provider offering operator assistance to the public shall provide a service that can answer 90 percent of directory, intercept, toll, and local assistance calls within ten seconds. On the average, calls shall be answered within five seconds.
	d. 	Rescinded IAB 6/3/09, effective 7/8/09.
	e. 	An answer shall mean that the operator is ready to accept information necessary to process the call. An acknowledgment that the customer is waiting on the line shall not constitute an answer.
	f. 	All operators receiving 0 - and 911 calls shall be capable of connecting calls to appropriate emergency services at all hours. All operator services providers shall have a board-approved methodology to ensure the routing of all emergency zero-minus (0 - ) calls in the fastest possible way to the proper local emergency service agency.
	g. 	Third-party billing from identified public pay telephones and reverse charges from all telephones will be allowed:
	(1)	If the person or device answering responds positively that the charges will be accepted, with the provision that remaining on the line does not constitute a positive response;
	(2)	On reverse charges, when it is apparent the voice on the answering machine is the caller’s voice; and
	(3)	On a third-party billing, when it is apparent the voice on the answering machine at the billing number is the caller’s voice.
	22.5(11) Maintenance of plant and equipment.
	a. 	Each telephone utility shall adopt and pursue a program of periodic inspection, testing, and preventive maintenance aimed at achieving efficient operation of its system to permit the rendering of safe, adequate and continuous service at all times.
	b. 	Maintenance shall include keeping all plant and equipment in a good state of repair consistent with safe and adequate service performance. Broken, damaged or deteriorated parts which are no longer serviceable shall be repaired or replaced. Adjustable apparatus and equipment shall be readjusted promptly when found by preventive routines or fault location tests to be in unsatisfactory operating condition. Electrical faults, such as leakage or poor insulation, noise induction, cross talk, or poor transmission characteristics shall be promptly corrected to the extent practicable within the design capability of the plant affected when located or identified.
	c. 	In all exchanges, periodic leakage tests shall be made on all circuits by use of proper instruments to determine that sufficient insulation is being maintained and further to discover any substantial change in insulation values which might cause future service difficulties. Loop resistance and transmission tests should be made on local circuits when transmission is poor, in an endeavor to locate the source of trouble.
	d. 	Central office batteries shall be replaced when required to maintain good telephone service.
	e. 	Central office equipment shall be inspected and routinely tested at regular intervals, and any necessary repairs, adjustments or replacements made to ensure the proper functioning of switching equipment.
	f. 	All regulated outside plant facilities shall be properly maintained including replacement of equipment when broken, damaged, or when necessary for good transmission.
	g. 	Records of various tests and inspections shall be kept on file in the office of the telephone utility for a minimum of one year. These records shall show the line or regulated equipment tested or inspected, the reason for the test, the general conditions under which the test was made, the general result of the test, and any corrections made.
	22.5(12) Reserved.
	22.5(13) Terminating access blocking. Rescinded IAB 12/21/05, effective 1/25/06.
	22.5(14) Information service access blocking. Each local exchange utility shall include in its tariff on file with the board a provision giving its subscribers the option of blocking access to all 900 and 976 prefix numbers, without charge for the first block.
[ARC 7826B, IAB 6/3/09, effective 7/8/09]
199—22.6(476) Standards of quality of service. The local exchange utility using its facilities to provide primary service will measure its service connection, held order, and service interruption performance monthly according to subrules 22.6(1), 22.6(2), and 22.6(3). Records of the measurements and any summaries thereof, by individual wire centers, will be provided upon request of the board. Records of these measurements will be retained by the utility for two years.
	22.6(1) Service connection. Each local exchange utility using its facilities to provide service shall make all reasonable efforts to maintain a five-business-day standard for primary connection service or within the customer-requested service connection date. All reasonable efforts to maintain the above standard shall be measured by the following:
	a. 	Eighty-five percent of all customers provided service within five business days of the request or the customer-requested date, whichever is later. Compliance will be measured based on a three-month rolling average.
	b. 	Ninety-five percent of all customers provided service within ten business days of the request or the customer-requested date, whichever is later. Compliance will be measured based on a three-month rolling average.
	c. 	Ninety-nine percent of all customers provided service within 30 business days of the request or the customer-requested date, whichever is later. Compliance will be measured based on a three-month rolling average.
	22.6(2) Held orders.
	a. 	During such period of time as a local exchange utility using its facilities to provide service may not be able to supply primary telephone service to prospective customers within five business days after the date applicant desires service, the telephone utility shall keep a record, by exchanges, showing the name and address of each applicant for service, the date of application, the date that service was requested, and the class of service applied for, together with the reason for the inability to provide new service to the applicant.
	b. 	When, because of a shortage of facilities, a utility is unable to supply primary telephone service on the date requested by applicants, first priority shall be given to furnishing those services which are essential to public health and safety. In cases of prolonged shortage or other emergency, the board may require establishment of a priority plan, subject to its approval for clearing held orders, and may request periodic reports concerning the progress being made.
	c. 	When the local exchange utility using its facilities to provide service fails to provide primary local exchange service to any customer requesting service within 15 business days, the local exchange utility shall provide the customer with an alternative form of service until primary local exchange service can be provided. The alternative form of service provided shall be wireless telephone service unless the customer agrees otherwise.
	d. 	If an alternative form of primary service is provided, the local exchange utility is authorized to charge the customer the regular rates (if applicable) for the alternative primary service ordered, if such rates are less than the regulated rate for primary local exchange service. Otherwise, the customer will be charged the regulated rate for primary local exchange service. Where an alternative form of service is impossible to provide, the facilities-based local exchange utility shall waive all usual installation charges and, once primary local exchange service is provided, shall credit the customer’s account in an amount equal to the pro-rata monthly primary local exchange charge for each day service was not provided.
	22.6(3) Service interruption.
	a. 	Each telephone utility using its facilities to provide primary service shall make all reasonable efforts to prevent interruptions of service. When interruptions are reported or found by the utility to occur, the utility shall reestablish service with the shortest possible delay. Priority shall be given to a residential customer who states that telephone service is essential due to an existing medical emergency of the customer, a member of the customer’s family, or any permanent resident of the premises where service is rendered. All reasonable efforts shall be measured by the following:
	(1)	Eighty-five percent of all out-of-service trouble reports cleared within 24 hours. Compliance will be measured based on a three-month rolling average.
	(2)	Ninety-five percent of all out-of-service trouble reports cleared within 48 hours. Compliance will be measured based on a three-month rolling average.
	(3)	One hundred percent of all out-of-service trouble reports cleared within 72 hours.
	(4)	The response time for all utilities responsible to test and attempt to correct any interexchange trunk problem, except a total outage, shall be within 24 hours after the problem is reported. If the problem is not corrected within that time, the utility responsible for doing so shall keep all other affected telephone utilities advised as to the current status on a daily basis. For a total outage, the response time shall be immediate.
	b. 	Arrangements shall be made to have adequate personnel and equipment available to receive and record trouble reports and also to clear trouble of an emergency nature at all times.
	c. 	Calls directed to the published telephone numbers for service repair or the business offices of the telephone utility shall be acknowledge within 20 seconds for 85 percent of all such calls and within 40 seconds for 100 percent of all such calls.
	d. 	If a customer’s service must be interrupted due to maintenance, the utility shall notify the affected customer, in advance, if possible. The company shall perform the work to minimize inconvenience to the customer and strive to avoid interruptions when there is conversation on the line.
	e. 	Each telephone utility shall keep a written record showing all interruptions affecting service in a major portion of an exchange area for a minimum of six years. This record shall show the date, time, duration, time cleared and extent and cause of the interruption. This record shall be available to the board upon request.
	f. 	Whenever a trouble report is received, a record shall be made by the company and if repeated within a 30-day period by the same customer, the case shall be referred to an individual for permanent correction.
	g. 	When a customer’s service is reported or is found to be out of order, it shall be restored as promptly as possible.
	h. 	Each local exchange utility using its facilities to provide service shall maintain its network to reasonably minimize customer trouble reports. The rate of customer trouble reports on the company side of the demarcation point will not exceed four per 100 access lines per month per wire center.
	i. 	When a subscriber’s service is interrupted and remains out of service for more than 24 consecutive hours after being reported to the local exchange company or being found by the company to be out of order, whichever occurs first, the company shall make appropriate adjustments to the subscriber’s account. This rule does not apply if the outage occurs as a result of:
	(1)	A negligent or willful act on the part of the subscriber;
	(2)	A malfunction of subscriber-owned telephone equipment;
	(3)	Disasters or acts of God; or
	(4)	The inability of the company to gain access to the subscriber’s premises.
The adjustment, either a direct payment or a bill credit, shall be the proportionate part of the monthly charges for all services and facilities rendered inoperative during the interruption. The adjustment shall begin with the hour of the report or discovery of the interruption. Adjustments not in dispute shall be rendered within two billing periods after the billing period in which the interruption occurred.
	22.6(4) Repair—missed appointments. When a utility makes an appointment for installation or repair within a given range of time, and misses that appointment by over an hour, the customer will receive one month’s primary local service free of charge. This is applicable to each missed appointment.
	22.6(5) Emergency operation.
	a. 	Each telephone utility shall make reasonable provisions to meet emergencies resulting from failures of power service, climate control, sudden and prolonged increases in traffic, illness of operators, or from fire, explosion, water, storm, or acts of God, and each telephone utility shall inform affected employees, at regular intervals not to exceed one year, of procedures to be followed in the event of emergency in order to prevent or mitigate interruption or impairment of telephone service.
	b. 	All central offices shall have adequate provision for emergency power. Each central office shall contain a minimum of two hours of battery reserve. For offices without permanently installed emergency power facilities, there shall be access to a mobile power unit with enough capacity to carry the load which can be delivered on reasonably short notice and which can be readily connected.
	c. 	An auxiliary power unit shall be permanently installed in all toll centers and at all exchanges exceeding 4,000 access lines.
	d. 	Each local exchange utility shall maintain and make available for board inspection, its current plans for emergency operations, including the names and telephone numbers of the local exchange utility’s disaster services coordinator and alternates.
	22.6(6) Business offices.
	a. 	Each local exchange utility shall have one or more business offices or customer service centers staffed to provide customer access in person or by telephone to qualified personnel, including supervisory personnel where warranted, to provide information relating to services and rates, accept and process applications for service, explain charges on customers’ bills, adjust charges made in error, and, generally, to act as representatives of the local exchange utility. If one business office serves several exchanges, toll-free calling from those exchanges to that office shall be provided.
	b. 	Upon the closing of any local exchange utility’s public business office, the company must provide to the board, in writing, at least 30 days prior to the closing of the office the following information:
	(1)	The exchange(s) and communities affected by the closing;
	(2)	The date of the closing;
	(3)	A listing of other methods and facility locations available for payment of subscribers’ bills in the affected exchanges; and
	(4)	A listing of other methods and locations available for obtaining public business office services.
[ARC 7826B, IAB 6/3/09, effective 7/8/09]
199—22.7(476) Safety.
	22.7(1) Protective measures.
	a. 	Each utility shall exercise reasonable care to reduce the hazards to which its employees, its customers or users and the general public may be subjected.
	b. 	The utility shall give reasonable assistance to the board in the investigation of the cause of accidents and in the determination of suitable means of preventing accidents.
	c. 	Each utility shall maintain a summary of all reportable accidents arising from its operations.
	22.7(2) Safety program. Each utility shall adopt and execute a safety program, fitted to the size and type of its operations. As a minimum, the safety program should:
	a. 	Require employees to use suitable tools and equipment in order that they may perform their work in a safe manner.
	b. 	Instruct employees in safe methods of performing their work.
	c. 	Instruct employees who, in the course of their work, are subject to the hazard of electrical shock, asphyxiation or drowning, in accepted methods of artificial respiration.
199—22.8(476) Nontoll interexchange trunking service (EAS) survey procedure.
	22.8(1) General information.
	a. 	The nontoll interexchange trunking service (EAS) survey procedures shall be followed by all telephone companies subject to the service jurisdiction of this board. The procedures in 22.8(2) and 22.8(3) shall be followed to establish EAS. The procedures in 22.8(4) and 22.8(5) shall be followed in order to discontinue EAS. There is no need to follow these procedures if there will be no rate increase associated with new EAS.
	b. 	At all stages of this procedure the information required to be supplied to customers shall be sufficient to explain the required items to the customers, yet the information shall be in a form which is sufficiently brief not to confuse the customers or discourage the customers from completing the survey.
	c. 	Whenever an EAS survey is conducted, the company shall mail to each customer account (primary service listing) a survey letter explaining the purpose of the survey, and a postage-paid, company-addressed return postcard on which the customer can indicate the customer’s preference.
	d. 	The company shall provide the board, for its approval, a copy of the proposed text and format of the customer letter and ballot survey card. The board may require alterations or corrections before permission is granted to proceed with the actual survey of the customers.
	22.8(2) Procedures and requirements for establishing EAS studies.
	a. 	The initiative for EAS shall be in the form of a request presented to the company with evidence of support indicated by a petition signed by no less than 15 percent of the exchange customers. Only the person to whom the monthly bill is addressed may sign the petition. In the case of a business customer, only a duly authorized agent or representative may sign. Each signer shall include address and telephone number. Initiative for EAS may also come from the company or the board.
	b. 	If the requirements of 22.8(2), paragraph “a,” are fulfilled, a point-to-point usage study should be used to determine if sufficient community interest exists. There should be an average of five or more calls per customer per month and more than 50 percent of the customers making at least two toll calls per month. If these basic criteria are not met, the request will be dismissed without further proceedings.
	c. 	If the provisions of 22.8(2), paragraph “b,” have been met, additional customer calling studies, cost and revenue studies including loss of toll revenues may be conducted, and submitted to the board. The board shall determine the merits of proceeding with a customer survey.
	d. 	Records shall be kept of this procedure to substantiate the steps taken by the company. These studies need not be undertaken more than once in any 18-month period.
	22.8(3) Procedures and requirements for customer survey to establish EAS.
	a. 	The customer survey for two-way EAS need not be taken more than once in any 18-month period and the survey letter should contain the following items:
	(1)	An explanation of the purpose of the survey.
	(2)	A statement which identifies by class and grade of service the existing rate, the amount of rate increase and the new rate associated with the addition of the proposed EAS.
	(3)	A statement that more than 65 percent of the customers returning ballots must vote in favor of the proposal before further action will be taken.
	(4)	A statement indicating the proposed date when service would be established which shall not be more than two years from the survey ballot return date, unless the delay is granted by the board due to the facility considerations.
	(5)	The date by which the ballot must be returned to be considered shall be a minimum of 10 days and a maximum of 20 days from the date on which the survey letter is mailed to the customer. The ballots shall not be counted for 3 days following the survey ballot return date to allow all return cards to clear the post office. Results of the survey shall be provided to the board within 15 days of the return date.
	b. 	Ballot by return postcard. The postage-paid, company-addressed return postcard included with the customer survey letter should contain the following information:
	(1)	A statement explaining the EAS proposal being voted on as set out in the customer survey letter.
	(2)	A place for the customer to indicate whether customer favors or is opposed to the establishment of EAS.
	(3)	Lines designated for the customer’s signature, telephone number and date.
	c. 	The return ballot shall be retained by the company for at least two years and shall be available for review by the board staff during that time. After two years the ballots may be destroyed; however, the results of the survey as recorded from the return ballots shall be maintained for a period of five years.
	d. 	If the customers in an exchange vote in favor of EAS to another exchange but concurrence in two-way EAS is not received from that second exchange then consideration may be given to one-way EAS. The same basic survey procedure shall be followed as provided herein, but the customer survey letter shall also include information concerning lack of concurrence on two-way service by the neighboring exchange and that another survey is being taken to determine interest in one-way calling.
	22.8(4) Procedures and requirements for discontinuing EAS.
	a. 	The initiative to discontinue EAS shall be in the form of a request presented to the company with evidence of support indicated by a petition signed by no less than 15 percent of the exchange customers. Only the person to whom the monthly bill is addressed may sign the petition. In the case of a business customer, only a duly authorized agent or representative may sign. Each signer must include address and telephone number. Initiative to discontinue EAS may also come from the company or the board.
	b. 	Customer calling studies, cost and revenue studies may be conducted and submitted to the board. The board shall determine the merits of proceeding with a customer survey.
	c. 	Records shall be kept of this procedure to substantiate the steps taken by the company. These studies need not be undertaken more than once in any 18-month period.
	22.8(5) Procedures and requirements for customer survey to discontinue EAS.
	a. 	The customer survey for two-way EAS need not be taken more than once in any 18-month period and the survey letter should contain the following items:
	(1)	An explanation of the purpose of the survey.
	(2)	A statement which identifies by class and grade of service the amount of rate decrease, if any, and the new rates associated with the proposed discontinuance of EAS.
	(3)	A statement that more than 65 percent of the customers returning ballots must vote in favor of the discontinuance proposal before further action will be taken.
	(4)	A statement indicating the proposed date when service would be discontinued (which shall not be more than six months from the survey ballot return date).
	(5)	The date by which the ballots must be returned to be considered. This return date shall be a minimum of 10 days and a maximum of 20 days from the date on which the survey letter is mailed to the customer. The ballots shall not be counted for 3 days following the survey ballot return date to allow all return cards to clear the post office. Results of the survey shall be provided to the board within 15 days of the return date.
	b. 	Ballot by return postcard. The postage-paid, company-addressed return postcard included with the customer survey letter should contain the following information:
	(1)	A statement explaining the EAS proposal being voted on as set out in the customer survey letter.
	(2)	A place for the customer to indicate whether customer favors or is opposed to the discontinuance of EAS.
	(3)	Lines designated for the customer’s signature, telephone number and date.
	c. 	The return ballot shall be retained by the company for at least two years and shall be available for review by the board staff during that time. After two years, the ballot may be destroyed; provided, however, a record showing the results of the survey as recorded from the return ballots shall be maintained for a period of five years.
	d. 	If the customers approve discontinuance of two-way EAS to another exchange and concurrence in that discontinuance cannot be obtained from the customers of the second exchange, consideration may be given to continuance of one-way EAS by that second exchange. The same basic survey procedure shall be followed as provided herein, but the customer survey letter shall also include a statement indicating that the neighboring exchange or its customers have voted to discontinue two-way EAS and that this survey is being taken to determine interest in one-way calling.
199—22.9(476) Terminal equipment. Terminal equipment is deregulated. Customers may secure terminal equipment through any provider.
199—22.10(476) Unfair practices. All unfair or deceptive practices related to customer provision of equipment are prohibited. Any failure to provide information to customers or to deal with customers who provide their own terminal equipment or inside station wiring or an alteration of the charges for or availability of equipment or services on that ground, unless specifically authorized by board order or rule and by the utility’s tariff, shall constitute unfair or deceptive practices. In cases of equipment in compliance with Federal Communications Commission registration requirements, telephone utility personnel are prohibited from making any statement, express or implied, to, or which will reach, a customer or prospective customer that terminal equipment in compliance with Federal Communications Commission registration requirements cannot properly be attached to the telephone network. This does not apply to good-faith efforts to amend the Federal Communications Commission requirements.
The listing of unfair practices in this rule shall not limit the types of acts which may be found to be unfair nor shall those listed be used to establish decisional criteria operating to exempt any act otherwise unfair from the intent of this rule.
199—22.11(476) Inside station wiring standards.
	22.11(1) Construction by user limitation. A user shall not be allowed to construct inside station wiring from a demarcation point or between two or more buildings on the same premises to obtain service from an exchange other than that by which the user would normally be served, excluding users being provided adjacent exchange service or foreign exchange service as provided in a company’s tariff. Existing inside wiring obtaining local exchange service within another exchange boundary shall be disconnected by the user within ten days after receipt of written notification from the local exchange company.
	22.11(2) Standards applicable to inside station wiring. The following technical standards must be complied with:
	a. 	Applicable registration standards promulgated by the Federal Communications Commission.
	b. 	47 CFR Part 68.
	c. 	Applicable national, state or local building and electrical codes, including National Electrical Code, as defined in 199—subrule 25.2(5); and accepted good engineering practice in the communication industry to ensure, as far as reasonably possible, continuity of service, uniformity in the quality of service furnished, and safety of persons and property.
199—22.12(476) Contents of tariff filings proposing rates.
	22.12(1) Construction of rule. This rule shall be construed in a manner consistent with its purpose to expedite informed consideration of tariff filings proposing rates by ensuring the availability of relevant information on a standardized basis. Unless a waiver is granted prior to filing, this rule shall apply to all tariff filings by rate-regulated telephone utilities proposing rates, except the tariff filings of AOS utilities that propose rates at or below the corresponding rates for similar services of utilities whose rates have been approved by the board in a rate case or set in a market determined by the board to be competitive.
	22.12(2) Cost studies to be filed. Rescinded IAB 6/3/09, effective 7/8/09.
	22.12(3) Specification of cost methodologies. Rescinded IAB 6/3/09, effective 7/8/09.
	22.12(4) Rescinded, effective June 10, 1987.
[ARC 7826B, IAB 6/3/09, effective 7/8/09]
199—22.13(476) Methodology for determining costs to serve. Rescinded IAB 6/3/09, effective 7/8/09.
199—22.14(476) Intrastate access charge application, tariff procedures, and rates.
	22.14(1) Application of intrastate access charges.
	a. 	Intrastate access charges shall apply to all intrastate access services rendered to interexchange utilities. Intrastate access charges shall not apply to EAS traffic. In the case of resale of services of interexchange utilities, access charges shall apply as follows:
	(1)	The interexchange utilities shall be billed as if no resale were involved.
	(2)	The resale carrier shall be billed only for access services not already billed to the underlying interexchange utility.
	(3)	Specific billing treatment and administration shall be provided pursuant to tariff.
	b. 	Except as provided in 22.14(1)“b”(3), no person shall make any communication of the type and nature transmitted by telephone utilities, between exchanges located within Iowa, over any system or facilities, which are or can be connected by any means to the intrastate telephone network, and uses exchange utility facilities, unless the person shall pay to the exchange utility or utilities which provide service to the exchange where the communication is originated and the exchange where it is terminated, in lieu of the carrier common line charge, a charge in the amount of $25 per month per circuit that is capable of interconnection. However, if the person provides actual access minutes to the exchange utility, the charge shall be the charge per access minute or fraction thereof provided in 22.14(2)“d”(1), not to exceed $25 per line per month. The charge shall apply in all exchanges. However, if the person attests in writing that its facility cannot interconnect and is not interconnected with the exchange in question, the person will not be subject to the charge in that exchange.
	(1)	In the event that a communication is made without compliance with this rule, the telephone utility or utilities serving the person shall terminate telephone service after notice pursuant to subrule 22.4(5). The utility shall not reinstate service until the board orders the utility to restore service. The board shall order service to be restored when it has reasonable assurance that the person will comply with this rule.
	(2)	In any action concerning this rule, the burden of proof shall be upon the person making intrastate communications.
	(3)	This rule shall be inapplicable to:
	1.	Communications made by a person using facilities or services of telephone utilities to which an intrastate carrier common line charge applies pursuant to 22.14(3)“a.”
	2.	Administrative communications made by or to a telephone utility.
	22.14(2) Filing of intrastate access service tariffs.
	a. 	Tariffs providing for intrastate access services shall be filed with the board by a telephone utility which provides such services. Iowa intrastate access service tariffs of rate-regulated utilities shall be based only on Iowa intrastate costs. Unless otherwise provided, the filings are subject to the applicable rules of the board.
	b. 	A non-rate-regulated local exchange utility in its general tariff may concur in the intrastate access tariff filed by another non-rate-regulated local exchange utility.
	(1)	Alternatively, a non-rate-regulated local exchange utility may voluntarily elect to join another nonrate regulated local exchange utility or utilities in forming an association of local exchange utilities. The association may file intrastate access service tariffs. A utility in its general tariff can concur in the association tariffs.
	(2)	All elements of the filings, under rule 199—22.14(476) including access service rate elements, shall be subject to review and approval by the board.
	c. 	Rescinded IAB 2/7/90, effective 3/14/90.
	d. 	All intrastate access service tariffs shall incorporate the following:
	(1)	Carrier common line charge. The rate for the intrastate carrier common line charge shall be three cents per access minute or fraction thereof for both originating and terminating segments of the communication, unless a different rate is required by numbered paragraphs “1” and “2.” The carrier common line charge shall be assessed to exchange access made by any interexchange telephone utility, including resale carriers. In lieu of this charge, interconnected private systems shall pay for access as provided in 22.14(1)“b.”
	1.	Incumbent local exchange carrier intrastate access service tariffs shall include the carrier common line charges approved by the board.
	2.	A competitive local exchange carrier that concurs with the Iowa Telephone Association (ITA) Access Service Tariff No.	1 and that offers service in exchanges where the incumbent local exchange carrier’s intrastate access rate is lower than the ITA access rate shall deduct the carrier common line charge from its intrastate access service tariff.
	(2)	End-user charge. No intrastate end-user charge shall be assessed.
	(3)	Universal service fund. No universal service fund shall be established.
	(4)	Transitional and premium rates. There shall be no discounted transitional rate elements applied in Iowa except as otherwise specifically set forth in these rules.
	(5)	Recording function of billing and collections. The intrastate access service tariffs shall include the rate to be charged for performing the recording function associated with billing and collections.
	(6)	A telephone utility may, pursuant to tariff, bill for access on the basis of assumed minutes of use where measurement is not practical. However, if the interexchange utility provides actual minutes of use to the billing utility, the actual minutes shall be used.
	(7)	In the absence of a waiver granted by the board, local exchange utilities shall allow any interexchange utility the option to use its own facilities that were in service on March 19, 1992, to provide local access transport service to terminate its own traffic to the local exchange utility. The interexchange utility may use its facilities in the manner and to a meet point agreed upon by the local exchange utility and the interexchange utility as of March 19, 1992. Changes mutually agreeable to the local exchange utility and the interexchange utility after that date also shall be recognized in allowing the interexchange utility to use its own local access transport facilities to terminate its own traffic. Recognition under this rule will also be extended to improvements by an interexchange utility that provided all the transport facilities to an exchange on March 19, 1992, whether the improvements were mutually agreeable or not, unless the improvements are inconsistent with an agreement between the interexchange utility and the local exchange utility.
	(8)	A provision prohibiting the application of association access service rates to HVAS traffic.
	e. 	A local exchange utility that is adding a new HVAS customer or otherwise reasonably anticipates an HVAS situation shall provide notice of the situation, the telephone numbers that will be assigned to the HVAS customer (if applicable), and the expected date service to the HVAS customer will be initiated, if applicable. Notice may be sent to each interexchange utility that paid for intrastate access services from the local exchange carrier in the preceding 12 months; to any carrier with whom the local exchange carrier exchanged traffic in the preceding 12 months; and to all other local exchange carriers authorized to provide service in the subject exchange, by a method calculated to provide adequate notice. Any interexchange utility may request negotiations concerning the access rates applicable to calls to or from the HVAS customer.
Any interexchange utility that believes a situation has occurred or is occurring that does not specifically meet the HVAS threshold requirements defined in subrule 22.1(3), but which raises the same general concerns and issues as an HVAS situation, may file a complaint with the board pursuant to these rules.
A local exchange utility that experiences an increase in intrastate access billings that qualifies as an HVAS situation, but did not add a new HVAS customer or otherwise anticipate the situation, shall notify interexchange utilities of the HVAS situation at the earliest reasonable opportunity, as described in the preceding paragraph. Any interexchange utility may request negotiations concerning whether the local exchange utility’s access rates, as a whole or for HVAS only, should be changed to reflect the increased access traffic.
When a utility requests negotiations concerning intrastate access services, the parties shall negotiate in good faith to achieve reasonable terms and procedures for the exchange of traffic. No access charges shall apply to the HVAS traffic until an access tariff for HVAS is accepted for filing by the board and has become effective. At any time that any party believes negotiations will not be successful, any party may file a written complaint with the board pursuant to Iowa Code section 476.11. In any such proceeding, the board will consider setting the rate for access services for HVAS traffic based upon the incremental cost of providing HVAS, although any other relevant evidence may also be considered. The incremental cost will not include marketing or other payments made to HVAS customers. The resulting rates for access services may include a range of rates based upon the volume of access traffic or other relevant factors. Any negotiations pursuant to this paragraph shall conclude within 60 days. After 60 days, a party to the negotiations may petition the board to extend the period of negotiations or may petition the board to set a hearing pursuant to 199—paragraph 7.4(10)“d.”
	22.14(3) Rescinded, IAB 9/21/88, effective 10/26/88.
	22.14(4) Notice of intrastate access service tariffs.
	a. 	Each telephone utility that files new or changed tariffs relating to access charges, access service, or the recording function associated with billing and collection for access services shall give written notice of the new or changed tariffs to the utility's interexchange utility access customers, the board, and the consumer advocate. Notice shall be given on or before the date of filing of the tariff. The notice shall consist of: the file date, the proposed effective date, a description of the proposed changes, and the tariff section number where the service description is located. If two or more local exchange utilities concur in a single tariff filing, the local exchange utilities may send a joint written notice to the board, consumer advocate, and the interexchange utilities.
	b. 	The board shall not approve any new or changed tariff described in paragraph “a” until after the period for resistance provided in subrule 22.14(5), paragraph “a.”
	22.14(5) Resistance to intrastate access service tariffs.
	a. 	If an interexchange utility affected by an access service filing or the consumer advocate desires to file a resistance to a proposed new or changed access service tariff, it shall file its resistance within 14 days after the filing of the proposed tariff. The interexchange utility shall send a copy of the resistance to all telephone utilities filing or concurring in the proposed tariff.
	b. 	After receipt of a timely resistance, the board may:
	(1)	Deny the resistance if it does not on its face present a material issue of adjudicative fact or the board determines the resistance to be frivolous or otherwise without merit and allows the tariff to go into effect by order or by operation of law; or
	(2)	Either suspend the tariff or allow the tariff to become effective subject to refund; and initiate informal complaint proceedings; or
	(3)	Either suspend the tariff or allow the tariff to become effective subject to refund; and initiate contested case proceedings; or
	(4)	Reject the tariff, stating the grounds for rejection.
	c. 	The interexchange utility or the consumer advocate shall have the burden to support its resistance.
	d. 	If contested case proceedings are initiated upon resistance filed by an interexchange utility, the interexchange utility shall pay the expenses reasonably attributable to the proceeding unless the interexchange utility is the successful party as determined by the board.
	22.14(6) Access charge rules to prevail. The provisions of rule 199—22.14(476) shall be determinative of the procedures relating to intrastate access service tariffs and shall prevail over all inconsistent rules.
[ARC 7826B, IAB 6/3/09, effective 7/8/09; ARC 8871B, IAB 6/30/10, effective 8/4/10]
199—22.15(476) Interexchange utility service and access.
	22.15(1) Interexchange utility service. An interexchange utility may provide interexchange service by complying with the laws of this state and the rules of this board. Any company or other entity accessing local exchange facilities or services in order to provide interexchange communication services to the public shall be considered to be an interexchange utility and subject to the rules herein, unless otherwise exempted. Such utilities are required to file a registration form, reports, and other items and are subject to service standards as specified in utilities division rules, unless otherwise exempted.
	22.15(2) Interexchange utility intrastate access. Intrastate access to local exchange services or facilities may be obtained by an interexchange utility by ordering and paying for such intrastate access pursuant to the applicable tariff filed by the exchange utility in question, or as otherwise provided by agreement between the parties.
	22.15(3) Willful violation. Any interexchange utility which the board finds has willfully failed to pay the intrastate carrier common line charge as specified in 22.14(3)“a” shall be in willful violation of board rules.
[ARC 7826B, IAB 6/3/09, effective 7/8/09]
199—22.16(476) Discontinuance of service. No local exchange utility or interexchange utility may discontinue providing intrastate service to any local exchange or part of a local exchange except in the case of emergency, nonpayment of account, or violation of rules and regulations; except as provided below.
	22.16(1) Prior to discontinuing service, the utility shall file with the board and consumer advocate a notice of intent to discontinue service at least 90 days prior to the proposed date of discontinuance. However, if the utility shows it has no customers for the service it proposes to discontinue, the utility need only file such notice 30 days prior to discontinuance.
	22.16(2) The notice of discontinuance of service shall include the following:
	1.	The name and address of the utility involved;
	2.	The name, title, and address of the person to whom correspondence concerning the notice should be directed;
	3.	A description of the nature of and reasons for the proposed discontinuance;
	4.	Identification of the exchange or part of exchange involved and the date on which the utility desires to discontinue service;
	5.	A description of the area affected and an assessment of the impact on present and future public convenience and necessity of such discontinuance, including the name and address of any other utility currently or potentially providing the same or substitute service to the area;
	6.	A description of the service proposed to be discontinued, of the existing service available to the exchange or part of exchange involved, and of the service of the applying utility or others which would remain in the event approval is granted.
	22.16(3) If after 30 days of the filing of such notice, no action is taken by the board, the discontinuance may take place as proposed.
	22.16(4) The board, on its own motion or at the request of the consumer advocate or affected customer, may hold a hearing on such discontinuance.
199—22.17(476) Resale of service.
	22.17(1) Any landlord, owner, tenant association, or otherwise affiliated group shall be permitted to provide communications services within or between one or more buildings with a community of interest. The provision of this service will be treated as a deregulated service, if the following requirements are met:
	a. 	No person within a building or facility providing resale services shall be denied access to the local exchange carrier. The local exchange carrier shall provide service at normal tariffed rates to the point of demarcation. The end-user shall be responsible for service beyond that point. However, no person shall unreasonably inhibit the end-user’s access to the local exchange carrier.
	b. 	Telephone rates charged to resale providers of communications services under this rule shall be made on the same basis as business service.
	c. 	“Community of interest” will normally be indicated by joint or common ownership, but any other relevant factors may be considered.
	22.17(2) Any interested person may request formal complaint proceedings with respect to any existing or proposed resale arrangement under this rule. Complaints may concern, but are not limited to:
	a. 	Whether the reseller is, in fact, a local exchange carrier in its own right, as demonstrated by limitations on access to the original local exchange carrier, the geographical area of the offering, or other relevant factors; and
	b. 	Whether the reseller is allowing access to the local exchange carrier on reasonable terms.
199—22.18(476) Low-income connection assistance program. Rescinded IAB 12/31/97, effective 1/1/98.
199—22.19(476) Alternative operator services.
	22.19(1) Definitions. The definitions found in Iowa Code section 476.91 apply to this rule.
	22.19(2) Tariffs. Alternative operator service companies must provide service pursuant to board-approved tariffs covering both rates and service.
	22.19(3) Blocking. AOS companies shall not block the completion of calls which would allow the caller to reach a long distance telephone company different from the AOS company. All AOS company contracts with contracting entities must prohibit call blocking by the contracting entity. The contracting entity shall not violate that contract provision.
	22.19(4) Posting. Contracting entities must post on or in close proximity to all telephones served by an AOS company the following information:
	a. 	The name and address of the AOS company;
	b. 	A customer service number for receipt of further service and billing information; and
	c. 	Dialing directions to the AOS operator for specific rate information.
Contracts between AOS companies and contracting entities shall contain provisions for posting the information. The AOS companies also are responsible for the form of the posting and shall make reasonable efforts to ensure implementation, both initially and on an updated basis.
	22.19(5) Oral identification. All AOS companies shall announce to the end-user customer the name of the provider carrying the call and shall include a sufficient delay period to permit the caller to terminate the call or advise the operator to transfer the call to the end-user customer’s preferred carrier before billing begins.
	22.19(6) Billing. All AOS company bills to end-user customers shall comply with the following requirements, in addition to the requirements of subrule 22.4(3):
	a. 	All calls, except those billed to commercial credit cards, shall be itemized and identified separately on the bill. All calls will be rated solely from the end-user customer’s point of origin to point of termination.
	b. 	All bills, except those for calls billed to commercial credit cards, shall be rendered within 60 days of the provision of the service.
	c. 	All charges for the use of a telephone instrument shall be shown separately for each call, except for calls billed to a commercial credit card.
	22.19(7) Emergency calls. All AOS companies shall have a board-approved methodology to ensure the routing of all emergency zero-minus (0 - ) calls in the fastest possible way to the proper local emergency service agency.
199—22.20(476) Service territories. Service territories are defined by the telephone exchange area boundary maps on file with the Iowa utilities board. The maps will be available for viewing at the board’s office during regular business hours and copies are available at the cost of reproduction. This rule does not apply to resale of local telephone service pursuant to rule 199—22.17(476).
	22.20(1) Issuance of certificates of authority to utilities on or prior to September 30, 1992. The initial nonexclusive certificate of authority will be issued by the board on or before September 30, 1992, to each land-line telephone utility providing local telecommunications service in Iowa. The certificate will authorize service within the territory as shown by boundary maps in effect on January 1, 1992, but will reference and include modifications approved by the board prior to the issuance of the certificate. The certificate will be in the form of an order issued by the board and may be modified only by subsequent board orders.
If a utility disputes the boundary identified in the January 1, 1992, maps or in a certificate, it may file an objection with the board. After notice to interested persons and an opportunity for hearing, the board will determine the boundary.
	22.20(2) Procedures to revise maps and modify certificates. All territory in the state shall be served by a local exchange utility and inappropriate overlaps of service territories are to be avoided.
	a. 	When the board, after informal investigation, determines a significant gap or overlap exists on the maps on file defining service territories, affected utilities and interested persons, including affected customers, will be notified. The board will direct the affected utilities to file a proposed boundary within 30 days, if the utilities can agree.
	b. 	The boundary filing must include the name of each affected customer and justification for the proposed boundary, including a detailed statement of why the proposal is in the public interest. Prior to filing with the board, the serving utilities must notify interested persons of a convenient location where they can view the current and proposed maps, or copies of the maps covering their location must be mailed to them. The notice shall state the nature of the boundary filing and that any objections must be mailed to the board postmarked within 14 days of the mailing of the notice by the utility. The utility’s filing shall also include a copy of the notice and the date on which the notice was mailed to customers.
	c. 	Upon board approval of the proposed boundary, the affected utilities shall file revised maps which comply with subrule 22.20(3) and, upon approval of the maps, the board will modify the certificates.
	d. 	If the utilities cannot agree on the boundary, or if an interested person timely mails material objections to the proposed boundary, the board will resolve the issues in contested case proceedings to revise the maps and modify the certificates after notice of the proceedings to all affected utilities and interested persons.
	e. 	A voluntary modification petition filed jointly by all affected utilities pursuant to 1992 Iowa Acts, Senate File 511, shall contain the information required in 22.20(2)“b.” The notice and hearing requirements in 22.20(2)“b” through “d” shall be observed in voluntary modification proceedings.
	f. 	A post-January 1, 1992, map will not be effective in defining a utility’s service territory until approved by the board.
	22.20(3) Map specifications. All ILECs shall have on file with the board maps which identify their exchanges and both internal exchange boundaries where the utility’s own exchanges abut and ultimate boundaries where the utility’s exchanges abut other utilities. A CLEC shall either file its own exchange boundary map or adopt the exchange boundary map filed by the ILEC serving that exchange.
	a. 	Each utility’s maps shall be on a scale of one inch to the mile. They shall include information equivalent to the county maps which are available from the Iowa department of transportation, showing all roads, railroads, waterways, plus township and range lines outside the municipalities. A larger scale shall be used where necessary to clarify areas. All map details shall be clean-cut and readable.
	(1)	Each filed map shall clearly show the ultimate utility boundary line; this line shall be periodically marked with the letter “U.” Exchange boundaries where the utility’s own exchanges abut shall be periodically marked with the letter “E.” Ultimate and exchange boundary lines shall be drawn on a section, half-section, or quarter-section line. If not, the distance from a section line or other fixed reference point shall be clearly noted. When using a fixed reference point, measurement shall always be from the center of the fixed point.
	(2)	The map shall also identify the utility serving each contiguous exchange. The utility names shall be placed about the exterior of the ultimate boundary. The points at which the adjacent exchange meets the ultimate boundary will be marked with arrows.
	(3)	Plant facilities shall not be shown on the boundary map. Approximate service locations may be shown but are not required.
	(4)	The name of the utility filing the map shall be placed in the upper right corner of the map. This will be followed by the names of each exchange shown on the map and served by that utility. The last item will be the date the map is filed and the proposed effective date, which will be 30 days after the filing date unless the board sets a different date.
	b. 	If requested by the board, a legal description shall be filed to clarify an ambiguous boundary between utilities. The legal description shall conform with the standards set in Iowa Code section 114A.9.
	22.20(4) Subsequent certificates. Any legal entity which desires to serve all or a portion of a territory which is currently assigned to another land-line utility may petition for a new certificate or a certificate modification depending upon whether the utility already has a certificate to serve. After notice to affected utilities and opportunity for hearing, the board will determine whether the new certificate or certificate modification will promote the public convenience and necessity. If the new or modified certificate is granted, the result may be two or more utilities serving all or a portion of an assigned territory.
	22.20(5) Certificate revocation. Any five subscribers or potential subscribers, an interexchange utility, or consumer advocate upon filing a sworn statement showing a generalized pattern of inadequate telephone service or facilities may petition the board to begin formal certificate revocation proceedings against a local exchange utility. For the purposes of this rule, inadequate telephone service or facilities may include the failure to bill high-volume intrastate access (HVAS) charges in a manner consistent with the requirements of rule 199—22.14(476). While similar in nature to a complaint filed under rule 199—6.2(476), a petition under this rule shall be addressed by the board under the following procedure and not the procedure found in 199—Chapter 6.
	a. 	Upon receiving a petition, the board will make an informal preliminary investigation into the adequacy of the service and facilities provided by a local exchange utility. The board also may begin an informal preliminary investigation on its own motion at any time.
	b. 	Prior to beginning formal revocation proceedings under 1992 Iowa Acts, Senate File 511, the board will provide notice to the utility of any alleged inadequacies in its service. The utility may admit or deny the allegations. If admitted, the utility will have a reasonable time to eliminate the inadequacies. If denied, the utility will have the opportunity to refute the allegations in contested case proceedings after mailed notice and an opportunity to intervene for the utility’s affected customers.
	c. 	If the board does not issue the notice of alleged inadequacies to the utility as provided in 22.20(2)“b” within 60 days after the filing of the petition, the petition will be deemed denied.
	d. 	If the board finds significant inadequacies in service or facilities in any certificate revocation contested case, the utility will be allowed a reasonable time to eliminate the inadequacies.
	e. 	If the utility fails to eliminate significant inadequacies in service or facilities within a reasonable time, the board, after mailed notice to all parties in the contested case, or to affected customers if the utility admitted the inadequacies, and after an opportunity for hearing, may revoke or condition the certificate as provided in 1992 Iowa Acts, Senate File 511.
	f. 	Proceedings under this subrule may be combined with proceedings under subrule 22.20(4), or similar certification proceedings initiated on the board’s own motion, to consider an appropriate replacement utility simultaneously with the revocation case.
[ARC 7826B, IAB 6/3/09, effective 7/8/09; ARC 8871B, IAB 6/30/10, effective 8/4/10]
199—22.21(476) Toll dialing patterns. All local exchange utilities shall use the dialing pattern, 0 or 1 plus ten digits, for all toll calls either within a single numbering plan area or from one numbering plan area to another.
199—22.22(476) Requests for interconnection negotiations. Rescinded IAB 8/28/96, effective 8/2/96.
199—22.23(476) Unauthorized changes in telephone service.
	22.23(1) Definitions. As used in this rule, unless the context otherwise requires:
“Change in service” means the designation of a new provider of a telecommunications service to a customer, including the initial selection of a service provider, and includes the addition or deletion of a telecommunications service for which a separate charge is made to a customer account.
“Consumer” means a person other than a service provider who uses a telecommunications service.
“Cramming” means the addition or deletion of a product or service for which a separate charge is made to a telecommunication customer’s account without the verified consent of the affected customer. Cramming does not include the addition of extended area service to a customer account pursuant to board rules, even if an additional charge is made. Cramming does not include telecommunications services that are initiated or requested by the customer, including dial-around services such as “10-10-XXX,” directory assistance, operator-assisted calls, acceptance of collect calls, and other casual calling by the customer.
“Customer” means the person other than a service provider whose name appears on the account and others authorized by that named person to make changes to the account.
“Executing service provider” means, with respect to any change in telecommunications service, a service provider who executes an order for a change in service received from another service provider or from its own customer.
“Jamming” means the addition of a preferred carrier freeze to a customer’s account without the verified consent of the customer.
“Letter of agency” means a written document complying with the requirements of 199 IAC 22.23(2)“b.”
“Preferred carrier freeze” means the limitation of a customer’s preferred carrier choices so as to prevent any change in preferred service provider for one or more services unless the customer gives the service provider from which the freeze was requested the customer’s express consent.
“Service provider” means a person providing a telecommunications service, not including commercial mobile radio service.
“Slamming” means the designation of a new provider of a telecommunications service to a customer, including the initial selection of a service provider, without the verified consent of the customer. “Slamming” does not include the designation of a new provider of a telecommunications service to a customer made pursuant to the sale or transfer of another carrier’s customer base, provided that the designation meets the requirements of 199 IAC 22.23(2)“e.”
“Soft slam” means an unauthorized change in service by a service provider that uses the carrier identification code (CIC) of another service provider, typically through the purchase of wholesale services for resale.
“Submitting service provider” means a service provider who requests another service provider to execute a change in service.
“Telecommunications service” means a local exchange or long distance telephone service other than commercial mobile radio service.
“Verified consent” means verification of a customer’s authorization for a change in service.
	22.23(2) Prohibition of unauthorized changes in telecommunications service. Unauthorized changes in telecommunications service, including but not limited to cramming and slamming, are prohibited.
	a. 	Verification required. No service provider shall submit a preferred carrier change order or other change in service order to another service provider unless and until the change has first been confirmed in accordance with one of the following procedures:
	(1)	The service provider has obtained the customer’s written authorization in a form that meets the requirements of 199 IAC 22.23(2)“b”; or
	(2)	The service provider has obtained the customer’s electronic authorization to submit the preferred carrier change order. Such authorization must be placed from the telephone number(s) on which the preferred carrier is to be changed and must confirm the information required in subparagraph (1) above. Service providers electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the number(s) will connect a customer to a voice response unit, or similar mechanism that records the required information regarding the preferred carrier change, including automatically recording the originating automatic numbering identification; or
	(3)	An appropriately qualified independent third party has obtained the customer’s oral authorization to submit the preferred carrier change order that confirms and includes appropriate verification data. The independent third party must not be owned, managed, controlled, or directed by the service provider or the service provider’s marketing agent; must not have any financial incentive to confirm preferred carrier change orders for the service provider or the service provider’s marketing agent; and must operate in a location physically separate from the service provider or the service provider’s marketing agent. The content of the verification must include clear and conspicuous confirmation that the customer has authorized a preferred carrier change; or
	(4)	The local service provider may change the preferred service provider, for customer-originated changes to existing accounts only, through maintenance of sufficient internal records to establish a valid customer request for the change in service. At a minimum, any such internal records must include the date and time of the customer’s request and adequate verification of the identification of the person requesting the change in service. The burden will be on the telecommunications carrier to show that its internal records are adequate to verify the customer’s request for the change in service.
All verifications shall be maintained for at least two years from the date the change in service is implemented. Verification of service freezes shall be maintained for as long as the preferred carrier freeze is in effect.
	(5)	For other changes in service resulting in additional charges to existing accounts only, a service provider shall establish a valid customer request for the change in service through maintenance of sufficient internal records. At a minimum, any such internal records must include the date and time of the customer’s request and adequate verification under the circumstances of the identification of the person requesting the change in service. Any of the three verification methods in 22.23(2)“a”(1) to (3) will also be acceptable. The burden will be on the telecommunications carrier to show that its internal records are adequate to verify the customer’s request for the change in service. Where the additional charge is for one or more specific telephone calls, examples of internal records a carrier may submit include call records showing the origin, date, time, destination, and duration of the calls, and any other data the carrier relies on to show the calls were made or accepted by the customer, along with an explanation of the records and data.
	b. 	Letter of agency form and content.
	(1)	A service provider may use a letter of agency to obtain written authorization or verification of a customer’s request to change the customer’s preferred service provider selection. A letter of agency that does not conform with this subrule is invalid for purposes of this rule.
	(2)	The letter of agency shall be a separate document (or an easily separable document) containing only the authorizing language described in subparagraph (5) below having the sole purpose of authorizing a service provider to initiate a preferred service provider change. The letter of agency must be signed and dated by the customer to the telephone line(s) requesting the preferred service provider change.
	(3)	The letter of agency shall not be combined on the same document with inducements of any kind.
	(4)	Notwithstanding subparagraphs (2) and (3) above, the letter of agency may be combined with checks that contain only the required letter of agency language as prescribed in subparagraph (5) below and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain, in easily readable, boldface type on the front of the check, a notice that the customer is authorizing a preferred service provider change by signing the check. The letter of agency language shall be placed near the signature line on the back of the check.
	(5)	At a minimum, the letter of agency must be printed with a type of sufficient size and readable type to be clearly legible and must contain clear and unambiguous language that confirms:
	1.	The customer’s billing name and address and each telephone number to be covered by the preferred service provider change order;
	2.	The decision to change the preferred service provider from the current service provider to the soliciting service provider;
	3.	That the customer designates [insert the name of the submitting service provider] to act as the customer’s agent for the preferred service provider change;
	4.	That the customer understands that only one service provider may be designated as the customer’s interstate or interLATA preferred interexchange service provider for any one telephone number. To the extent that a jurisdiction allows the selection of additional preferred service providers (e.g., local exchange, intraLATA/intrastate toll, interLATA/interstate toll, or international interexchange), the letter of agency must contain separate statements regarding those choices, although a separate letter of agency for each choice is not necessary; and
	5.	That the customer understands that any preferred service provider selection the customer chooses may involve a charge to the customer for changing the customer’s preferred service provider.
	(6)	Any service provider designated in a letter of agency as a preferred service provider must be the service provider directly setting the rates for the customer.
	(7)	Letters of agency shall not suggest or require that a customer take some action in order to retain the customer’s current service provider.
	(8)	If any portion of a letter of agency is translated into another language, then all portions of the letter of agency must be translated into that language. Every letter of agency must be translated into the same language as any promotional materials, oral descriptions or instructions provided with the letter of agency.
	c. 	Customer notification. Every change in service shall be followed by a written notification to the affected customer to inform the customer of the change. Such notice shall be provided within 30 days of the effective date of the change. Such notice may include, but is not limited to, a conspicuous written statement on the customer’s bill, a separate mailing to the customer’s billing address, or a separate written statement included with the customer’s bill. Each such statement shall clearly and conspicuously identify the change in service, any associated charges or fees, the name of the service provider associated with the change, and a toll-free number by which the customer may inquire about or dispute any provision in the statement.
	d. 	Preferred carrier freezes.
	(1)	A preferred service provider freeze (or freeze) prevents a change in a customer’s preferred service provider selection unless the customer gives the service provider from whom the freeze was requested express consent. All local exchange service providers who offer preferred service provider freezes must comply with the provisions of this subrule.
	(2)	All local exchange service providers who offer preferred service provider freezes shall offer freezes on a nondiscriminatory basis to all customers, regardless of the customer’s service provider selections.
	(3)	Preferred service provider freeze procedures, including any solicitation, must clearly distinguish among telecommunications services (e.g., local exchange, intraLATA/intrastate toll, interLATA/interstate toll, and international toll) subject to a preferred service provider freeze. The service provider offering the freeze must obtain separate authorization for each service for which a preferred service provider freeze is requested.
	(4)	Solicitation and imposition of preferred service provider freezes.
	1.	All solicitation and other materials provided by a service provider regarding preferred service provider freezes must include:
	●	An explanation, in clear and neutral language, of what a preferred service provider freeze is and what services may be subject to a freeze;
	●	A description of the specific procedures necessary to lift a preferred service provider freeze; an explanation that these steps are in addition to the verification requirements in 22.23(2)“a” and 22.23(2)“b” for changing a customer’s preferred service provider selections; and an explanation that the customer will be unable to make a change in service provider selection unless the freeze is lifted; and
	●	An explanation of any charges associated with the preferred carrier freeze.
	2.	No local exchange carrier shall implement a preferred service provider freeze unless the customer’s request to impose a freeze has first been confirmed in accordance with one of the following procedures:
	●	The local exchange carrier has obtained the customer’s written and signed authorization in a form that meets the requirements of 22.23(2)“d”(4)“3”; or
	●	The local exchange carrier has obtained the customer’s electronic authorization, placed from the telephone number(s) on which the preferred service provider freeze is to be imposed, to impose a preferred service provider freeze. The electronic authorization shall confirm appropriate verification data and the information required in 22.23(2)“d”(4)“3.” Service providers electing to confirm preferred service provider freeze orders electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the number(s) will connect a customer to a voice response unit, or similar mechanism that records the required information regarding the preferred service provider freeze request, including automatically recording the originating automatic numbering identification; or
	●	An appropriately qualified independent third party has obtained the customer’s oral authorization to submit the preferred service provider freeze and confirmed the appropriate verification data and the information required in 22.23(2)“d”(4)“3.” The independent third party must not be owned, managed, or directly controlled by the service provider or the service provider’s marketing agent; must not have any financial incentive to confirm preferred service provider freeze requests for the service provider or the service provider’s marketing agent; and must operate in a location physically separate from the service provider or the service provider’s marketing agent. The content of the verification must include clear and conspicuous confirmation that the customer has authorized a preferred service provider freeze.
	3.	A local exchange service provider may accept a written and signed authorization to impose a freeze on the customer’s preferred service provider selection. Written authorization that does not conform with this subrule is invalid and may not be used to impose a preferred service provider freeze.
	●	The written authorization shall comply with 22.23(2)“b”(5)“2” and “3” and 22.23(2)“b”(8) concerning the form and content for letters of agency.
	●	At a minimum, the written authorization must be printed with a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language that confirms: (1) the customer’s billing name and address and the telephone number(s) to be covered by the preferred service provider freeze; (2) the decision to place a preferred service provider freeze on the telephone number(s) and particular service(s). To the extent that a jurisdiction allows the imposition of preferred service provider freezes on additional preferred service provider selections (e.g., for local exchange, intraLATA/intrastate toll, interLATA/interstate toll service, and international toll), the authorization must contain separate statements regarding the particular selections to be frozen; (3) that the customer understands that the customer will be unable to make a change in service provider selection unless the preferred service provider freeze is lifted; and (4) that the customer understands that any preferred carrier freeze may involve a charge to the customer.
	(5)	All local exchange service providers who offer preferred service provider freezes must, at a minimum, offer customers the following procedures for lifting a preferred service provider freeze:
	1.	A local exchange service provider administering a preferred service provider freeze must accept a customer’s written and signed authorization stating the intention to lift a preferred service provider freeze; and
	2.	A local exchange service provider administering a preferred service provider freeze must accept a customer’s oral authorization stating the intention to lift a preferred carrier freeze and must offer a mechanism that allows a submitting service provider to conduct a three-way conference call with the service provider administering the freeze and the customer in order to lift a freeze. When engaged in oral authorization to lift a preferred service provider freeze, the service provider administering the freeze shall confirm appropriate verification data and the customer’s intent to lift the particular freeze.
	e. 	Procedures in the event of sale or transfer of customer base. A telecommunications carrier may acquire, through a sale or transfer, either part or all of another telecommunications carrier’s customer base without obtaining each customer’s authorization in accordance with 199 IAC 22.23(2)“a,” provided that the acquiring carrier complies with the following procedures. A telecommunications carrier may not use these procedures for any fraudulent purpose, including any attempt to avoid liability for violations under 199 IAC 22.23(2)“a.”
	(1)	No later than 30 days before the planned transfer of the affected customers from the selling or transferring carrier to the acquiring carrier, the acquiring carrier shall file with the board a letter notifying the board of the transfer and providing the names of the parties to the transaction, the types of telecommunications services to be provided to the affected customers, and the date of the transfer of the customer base to the acquiring carrier. In the letter, the acquiring carrier also shall certify compliance with the requirement to provide advance customer notice in accordance with 199 IAC 22.23(2)“e”(3) and with the obligations specified in that notice. In addition, the acquiring carrier shall attach a copy of the notice sent to the affected customers.
	(2)	If, subsequent to the filing of the letter of notification with the board required by 199 IAC 22.23(2)“e”(1), any material changes to the required information develop, the acquiring carrier shall file written notification of these changes with the board no more than 10 days after the transfer date announced in the prior notification. The board may require the acquiring carrier to send an additional notice to the affected customers regarding such material changes.
	(3)	Not later than 30 days before the transfer of the affected customers from the selling or transferring carrier to the acquiring carrier, the acquiring carrier shall provide written notice to each affected customer. The acquiring carrier must fulfill the obligations set forth in the written notice. The written notice must inform the customer of the following:
	1.	The date on which the acquiring carrier will become the customer’s new provider of telecommunications service;
	2.	The rates, terms, and conditions of the service(s) to be provided by the acquiring carrier upon the customer’s transfer to the acquiring carrier, and the means by which the acquiring carrier will notify the customer of any change(s) to these rates, terms, and conditions;
	3.	The acquiring carrier will be responsible for any carrier change charges associated with the transfer;
	4.	The customer’s right to select a different preferred carrier for the telecommunications service(s) at issue, if an alternative carrier is available;
	5.	All customers receiving the notice, even those who have arranged preferred carrier freezes through their local service providers on the service(s) involved in the transfer, will be transferred to the acquiring carrier unless they have selected a different carrier before the transfer date; existing preferred carrier freezes on the service(s) involved in the transfer will be lifted; and the customers must contact their local service providers to arrange a new freeze;
	6.	Whether the acquiring carrier will be responsible for handling any complaints filed, or otherwise raised, prior to or during the transfer against the selling or transferring carrier; and
	7.	The toll-free customer service telephone number of the acquiring carrier.
	22.23(3) Carrier registration.
	a. 	Registration required. Each carrier that provides or bills for telecommunications services to customers located in Iowa shall register with the board and shall provide, at a minimum, the information specified in the form that appears in this subrule.
department of commerce
utilities board
telecommunications service provider registration
1. FULL NAME OF CARRIER PROVIDING SERVICE IN IOWA:
	
2. CARRIER MAILING ADDRESS (including 9-digit ZIP code):

	
3. NAME, TITLE, TELEPHONE NUMBER, E-MAIL ADDRESS, AND FAX NUMBER OF CONTACT PERSON:

	
	
4. ALL TRADE NAMES OR D/B/A’S USED BY CARRIER IN IOWA OR IN ADVERTISING OR BILLING THAT MAY REACH IOWA CUSTOMERS:

5. NAME, MAILING ADDRESS, AND TELEPHONE NUMBER OF AGENT IN IOWA AUTHORIZED TO ACCEPT SERVICE OF PROCESS ON BEHALF OF CARRIER:

	
6. TYPES OF TELECOMMUNICATIONS SERVICE PROVIDED (CHECK ALL THAT APPLY):
____ LOCAL EXCHANGE SERVICE
____ INTEREXCHANGE SERVICE
____ DATA TRANSMISSION
____ ALTERNATIVE OPERATOR SERVICES ONLY
____ OTHER—PLEASE SPECIFY:________________
7. ATTESTATION. I, ___________________, certify that I am the company officer responsible for this registration, that I have examined the foregoing registration, and that to the best of my knowledge, information, and belief the information is accurate and will be updated as required.
Dated ____/____/____
SIGNATURE_________________________________
	b. 	Failure to register. Failure to file and reasonably update a registration, or provision of false, misleading, or incomplete information, may result in civil penalties under 22.23(5) and may be considered as evidence of a pattern or practice of violation of these rules.
	22.23(4) Subscriber complaints regarding changes in service—procedures. When a telecommunications service provider is contacted by an Iowa customer alleging an unauthorized change in service, the service provider shall inform the customer of the customer’s right to contact the board regarding the complaint. The service provider shall provide the customer with the board’s toll-free number for complaints, (877)565-4450.
When a subscriber submits to the board a written complaint alleging an unauthorized change in service, the complaint will be processed by the board pursuant to 199—Chapter 6, “Complaint Procedures.”
	22.23(5) Civil penalties and assessment of damages.
	a. 	Civil penalties. In addition to any applicable civil penalty set out in Iowa Code section 476.51, a service provider who violates a provision of the anti-slamming statute, a rule adopted pursuant to the anti-slamming statute, or an order lawfully issued by the board pursuant to the anti-slamming statute is subject to a civil penalty, which, after notice and opportunity for hearing, may be levied by the board, of not more than $10,000 per violation. Each violation is a separate offense.
	b. 	Amount. A civil penalty may be compromised by the board. In determining the amount of the penalty, or the amount agreed upon in a compromise, the board may consider the size of the service provider, the gravity of the violation, any history of prior violations by the service provider, remedial actions taken by the service provider, the nature of the conduct of the service provider, and any other relevant factors.
	c. 	Collection. A civil penalty collected pursuant to this subrule shall be forwarded by the executive secretary of the board to the treasurer of state to be credited to the general fund of the state and to be used only for consumer education programs administered by the board.
	d. 	Exclusion from regulated rates. A penalty paid by a rate-of-return regulated utility pursuant to this subrule shall be excluded from the utility’s costs when determining the utility’s revenue requirement and shall not be included either directly or indirectly in the utility’s rates or charges to its customers.
	e. 	Civil actions. The board shall not commence an administrative proceeding to impose a civil penalty under this rule for acts subject to a civil enforcement action pending in court under Iowa Code section 714D.7.
	f. 	Assessment of damages among interested persons. As a part of formal complaint proceedings, the board may determine the potential liability, including assessment of damages, for unauthorized changes in service among the customer, the previous service provider, the executing service provider, the submitting service provider, and any other interested persons. In the event of a soft slam, the board may impose joint and several liability on the reseller and the facilities-based service provider. For purposes of this rule and in the absence of unusual circumstances, the term “damages” means charges directly relating to the telecommunications services provided to the customer that have appeared or may appear on the customer’s bill. The term “damages” does not include incidental, consequential, or punitive damages.
	22.23(6) Penalties for patterns of violations. If the board determines, after notice and opportunity for hearing, that a service provider has shown a pattern of violations of these rules, the board may by order do any of the following:
	a. 	Prohibit any other service provider from billing charges to residents of Iowa on behalf of the service provider determined to have engaged in such a pattern of violations.
	b. 	Prohibit certificated local exchange service providers from providing exchange access services to the service provider.
	c. 	Limit the billing or access services prohibition under paragraph “a” or “b” above to a period of time. Such prohibition may be withdrawn upon a showing of good cause.
	d. 	Revoke the certificate of public convenience and necessity of a local exchange service provider.
	22.23(7) Service provider complaints regarding changes in service. When a service provider files a written complaint charging another service provider with causing unauthorized changes in end user services to the detriment of the complaining service provider, the complaint will be processed pursuant to 199—Chapter 6, “Complaint Procedures,” except that any party to the proceeding may petition the board for an order initiating formal complaint proceedings at any time, regardless of the status of the informal complaint proceedings. The board will grant such petitions or enter such an order on its own motion if the board finds that informal complaint proceedings are unlikely to aid in the resolution of the complaint.
199—22.24(476) Applications for numbering resources.
	22.24(1) Application to be filed with the board. Any communications service provider, including but not limited to local exchange carriers, wireless service providers, and paging companies, applying for numbering resources with the North American Numbering Plan Administrator (NANPA) or the Pooling Administrator (PA) shall send a draft application or executed application to the board by facsimile transfer or electronic mail at least two days prior to the date on which the original application is to be received by the NANPA or PA. A draft application shall contain substantially the same information that is to be contained in an executed application. The application may be faxed to (515)725-7399 or E-mailed to customer@iub.iowa.gov. Electronic submissions shall include “NANPA Application” or “PA Application” in the subject line.
	22.24(2) Confidential treatment. The information contained in the draft applications or executed applications for numbering resources shall be held as confidential for a period of 90 days or until the new codes are entered into the local exchange routing guide (LERG), whichever is later.
	22.24(3) Content. Each application filed with the board under this rule shall include a reference to this rule and sufficient information to identify the service provider and a contact person.
[Editorial change: IAC Supplement 12/29/10]
These rules are intended to implement Iowa Code sections 476.1 to 476.3, 476.5, 476.6, 476.8, 476.9, 476.29, 476.91, and 546.7 and Iowa Code Supplement section 476.103.
[Filed December 12, 1967; amended June 27, 1975]
[Filed 10/13/76, Notice 9/8/75—published 11/3/76, effective 12/8/76]
[Filed 9/2/77, Notice 4/20/77—published 9/21/77, effective 10/26/77]
[Filed emergency 9/14/77—published 10/5/77, effective 9/14/77]
[Filed 9/30/77, Notice 6/29/77—published 10/19/77, effective 11/23/77]
[Filed 4/10/79, Notices 5/3/78, 8/23/78—published 5/2/79, effective 6/6/79]
[Filed 1/28/82, Notice 9/30/81—published 2/17/82, effective 3/24/82]
[Filed 5/21/82, Notice 4/1/81—published 6/9/82, effective 7/14/82]
[Filed emergency 6/18/82—published 7/7/82, effective 7/14/82]
[Filed emergency 6/28/82—published 7/21/82, effective 6/28/82]
[Filed 10/8/82, Notices 10/28/81, 3/3/82, 4/14/82, 7/21/82—published 10/27/82, effective 12/1/82]
[Filed 10/21/82, Notice 8/18/82—published 11/10/82, effective 12/15/82]
[Filed 2/11/83, Notices 7/21/82, 12/8/82—published 3/2/83, effective 4/6/83]
[Filed 2/25/83, Notice 12/22/82—published 3/16/83, effective 4/20/83]
[Filed emergency 6/17/83—published 7/6/83, effective 7/1/83]
[Filed 9/9/83, Notice 6/22/83—published 9/28/83, effective 11/2/83]
[Filed without Notice 9/26/83—published 10/12/83, effective 12/1/83]
[Filed 10/7/83, Notice 8/17/83—published 10/26/83, effective 12/1/831]
[Filed emergency 11/4/83—published 11/23/83, effective 12/1/83]
[Filed without Notice 11/4/83—published 11/23/83, effective 1/1/84]
[Filed 11/4/83, Notice 8/31/83—published 11/23/83, effective 1/1/84]
[Filed 2/10/84, Notice 12/21/83—published 2/29/84, effective 4/4/84]
[Filed 2/24/84, Notice 11/23/83—published 3/14/84, effective 4/18/84]
[Filed 4/9/84, Notice 1/18/84—published 4/25/84, effective 5/30/84]
[Filed 6/1/84, Notice 4/25/84—published 6/20/84, effective 7/25/84]
[Filed 10/19/84, Notice 8/15/84—published 11/7/84, effective 12/12/84]
[Filed 11/16/84, Notice 8/15/84—published 12/5/84, effective 1/9/85]
[Filed 4/5/85, Notice 12/5/84—published 4/24/85, effective 5/29/85]
[Filed 4/19/85, Notice 2/13/85—published 5/8/85, effective 6/12/85]
[Filed 7/26/85, Notices 4/24/85, 6/19/85—published 8/14/85, effective 9/18/85]
[Filed 2/7/86, Notices 8/14/85, 11/6/85—published 2/26/86, effective 4/2/86]
[Filed 3/7/86, Notice 12/4/85—published 3/26/86, effective 4/30/86]◊
[Filed 7/11/86, Notice 4/23/86—published 7/30/86, effective 9/3/86]
[Filed 8/22/86, Notice 6/18/86—published 9/10/86, effective 10/15/86]
[Filed emergency 9/18/86—published 10/8/86, effective 9/18/86]
[Filed 4/17/87, Notice 12/3/86—published 5/6/87, effective 6/10/87]
[Filed 4/17/87, Notice 12/31/86—published 5/6/87, effective 6/10/87]
[Filed 1/22/88, Notice 11/4/87—published 2/10/88, effective 3/16/88]
[Filed 2/19/88, Notice 11/4/87—published 3/9/88, effective 4/13/88]
[Filed 7/21/88, Notice 4/20/88—published 8/10/88, effective 9/14/88]◊
[Filed 8/5/88, Notice 4/6/88—published 8/24/88, effective 9/28/88]
[Filed 9/2/88, Notice 1/13/88—published 9/21/88, effective 10/26/88]
[Filed 9/2/88, Notice 7/27/88—published 9/21/88, effective 10/26/88]
[Filed 1/20/89, Notice 9/7/88—published 2/8/89, effective 3/15/89]
[Filed 3/3/89, Notices 1/13/88, 9/7/88—published 3/22/89, effective 4/26/89]
[Filed 3/17/89, Notice 9/21/88—published 4/5/89, effective 5/10/89]
[Filed without Notice 6/23/89—published 7/12/89, effective 8/16/89]
[Filed without Notice 6/26/89—published 7/12/89, effective 8/16/89]
[Filed 8/3/89, Notice 3/22/89—published 8/23/89, effective 9/27/89]
[Filed 9/1/89, Notice 5/17/89—published 9/20/89, effective 10/25/89]
[Filed 9/29/89, Notice 5/31/89—published 10/18/89, effective 11/22/89]
[Filed 1/5/90, Notice 7/12/89—published 1/24/90, effective 2/28/90]
[Filed 1/19/90, Notice 5/17/89—published 2/7/90, effective 3/14/90]
[Filed 1/19/90, Notice 7/12/89—published 2/7/90, effective 3/14/90]
[Filed 2/28/90, Notice 11/1/89—published 3/21/90, effective 4/25/90]◊
[Filed 3/16/90, Notice 12/13/89—published 4/4/90, effective 5/9/90]
[Filed 7/6/90, Notice 3/21/90—published 7/25/90, effective 8/29/90]
[Filed 7/20/90, Notices 12/13/89, 2/21/90—published 8/8/90, effective 9/12/90]
[Filed 9/14/90, Notice 11/29/89—published 10/3/90, effective 11/7/90]
[Filed 10/12/90, Notice 3/7/90—published 10/31/90, effective 12/5/902]
[Filed 1/18/91, Notice 8/8/90—published 2/6/91, effective 3/13/91]
[Filed 3/28/91, Notice 10/3/90—published 4/17/91, effective 5/22/91]
[Filed emergency 4/25/91 after Notice 1/23/91—published 5/15/91, effective 4/25/91]
[Filed 1/3/92, Notice 5/29/91—published 1/22/92, effective 2/26/92]
[Filed without Notice 7/2/92—published 7/22/92, effective 8/26/92]
[Filed 12/4/92, Notice 7/22/92—published 12/23/92, effective 1/27/93]◊
[Filed 12/4/92, Notice 8/5/92—published 12/23/92, effective 1/27/93]
[Filed 1/15/93, Notice 7/8/92—published 2/3/93, effective 3/10/93]
[Filed 7/14/93, Notice 4/28/93—published 8/4/93, effective 9/8/93]
[Filed 8/11/93, Notice 5/12/93—published 9/1/93, effective 10/6/933]
[Filed emergency 4/21/94—published 5/11/94, effective 4/21/94]
[Filed 4/7/95, Notice 2/1/95—published 4/26/95, effective 5/31/95]
[Filed 2/9/96, Notice 7/5/95—published 2/28/96, effective 4/3/96]
[Filed emergency 4/19/96—published 5/8/96, effective 4/19/96]
[Filed emergency 8/2/96—published 8/28/96, effective 8/2/96]
[Filed emergency 12/11/97 after Notice 10/8/97—published 12/31/97, effective 1/1/98]
[Filed 1/23/98, Notice 5/7/97—published 2/11/98, effective 3/18/98]
[Published 6/17/98 to update name and address of board]
[Filed emergency 7/23/99—published 8/11/99, effective 8/2/99]
[Filed 12/8/99, Notice 4/21/99—published 12/29/99, effective 2/2/00]
[Filed 4/28/00, Notice 8/11/99—published 5/17/00, effective 6/21/00]
[Filed 7/5/02, Notice 1/9/02—published 7/24/02, effective 8/28/02]
[Filed 5/9/03, Notice 11/13/02—published 5/28/03, effective 7/2/03]
[Filed 3/26/04, Notice 8/6/03—published 4/14/04, effective 5/19/04]
[Filed 1/27/05, Notice 12/22/04—published 2/16/05, effective 3/23/05]
[Filed 12/2/05, Notice 5/11/05—published 12/21/05, effective 1/25/06]
[Filed 10/6/06, Notice 3/15/06—published 10/25/06, effective 11/29/06]
[Filed 5/16/07, Notice 10/11/06—published 6/6/07, effective 7/11/07]
[Filed 12/27/07, Notice 9/26/07—published 1/30/08, effective 3/5/08]
[Filed ARC 7826B (Notice ARC 7365B, IAB 11/19/08), IAB 6/3/09, effective 7/8/09]
[Filed ARC 8516B (Notice ARC 8376B, IAB 12/16/09), IAB 2/10/10, effective 3/17/10]
[Filed ARC 8871B (Notice ARC 8227B, IAB 10/7/09), IAB 6/30/10, effective 8/4/10]
[Editorial change: IAC Supplement 12/29/10]
◊	Two or more ARCs
1	Effective date of 12/1/83 of subrules 22.1(3), 22.2(5)“v,” and 22.3(13) delayed 70 days by the Administrative Rules Review Committee on 11/8/83.
2	Effective date of 22.10(1)“c” delayed 70 days by the Administrative Rules Review Committee on 11/14/90; delay lifted 12/11/90, effective 12/12/90.
3	Effective date of 22.4(2)“b” delayed until the adjournment of the 1994 Session of the General Assembly pursuant to Iowa Code section 17A.8(9) by the Administrative Rules Review Committee at its meeting held September 15, 1993.