Texas Register, Volume 25, Number 7, Pages 1219-1442, February 18, 2000 Page: 1,235
1219-1442 p. ; 28 cm.View a full description of this periodical.
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(3) LOA language.
(A) The LOA must be printed clearly and legibly and
use only the following language:
[Figure t6- TAG 2 .1230(d)(\ A ).]
Figure: 16 TAC 26.130(e)(3)(A).
(B) In the LOA set out by subparagraph (A) of this
paragraph, the telecommunications utility seeking authorization shall
replace, in bold type, the words:
(i) "(new telecommunications utility)[,]" with its
corporate name;
(ii) "(type of service(s) that will be provided[ by the
new telecommunications utility)]" with the type of service(s) that [it]
will be _provided[providing] to the customer; and
(iii) "I must pay a charge of approximately $
(industry average charge)" with the text, "there is no charge" only
if there is no charge of any kind to the customer for the switchover.
(4) The LOA shall not [suggest or ]require that a customer
take some action in order to retain the customer's current telecom-
munications utility.
(5) If any portion of an [a ]LOA is translated into another
language, then all portions [of the LOA ]must be translated[ into
that language]. The [-very ]LOA must be translated into the
same language as [any ]promotional materials, oral descriptions or
instructions provided with the LOA.
e . changes initiated by a customer. In the ease of a
customer initiated change of telecommunications utility, the telecom
.. nm4tiofs tty. to which the .store has hanged his service
shall maintain a record of nonpubic customer eif i4-orma
that may be used to establish that the ueastomer authorized the change
Such information is to be maintained by the telecommunications util-
ity for at least 4-2 months after the change and will be used to establish
veification of the customer's authorization. This information shal be
treated in accordance with the Federal Communications Cmmission
(FGG S rule and regulations -elatin to astomer-specifie e stoffer
prpietary n network information- and shall be made available to the
customer andlor the commission staff upon request.]
(f) Unauthorized changes.
(1) Responsibilities of the telecommunications utility that
initiated the change. If a customer's telecommunications utility
is changed without verification[and the change was not made or
verified] consistent with this section, the telecommunications utility
that initiated the unauthorized change shall:
f A) return the customer to the telecommunications
utility from which the customer was changed (the original teleee
mni tions ustiity) , wheretencay feasible, and if not technically
feasible take all action w ithin the utility' control to return the eas-
tome t tthe original tiit4ti including requesting recon-ection to the
original teleeommunications utility from a telecommunications util-
ity that can execute the revra. within three business days of the
(A) [(B) ] pay all [usual and customary ]charges asso-
ciated with returning the customer to the original telecommunications
utility within five business days of the customer's request;
(B) [(-) ] provide all billing records to the original
telecommunications utility [that are ]related to the unauthorized
change[provision] of services [to the customer ]within ten[ 4-]business days of the customer's request[ to retum the customer to
the ongil telecommunications uti-lity]"
(C) [(D) ] pay the original telecommunications utility
any amount paid to it by the customer that would have been paid
to the original telecommunications utility if the unauthorized change
had not occurred, within 30 business days of the customer's request[
to return the customer to the original telecommunications utility]; and
(D) Return to the customer within 30 business days of
the customer's request:
(i) any amount paid by the customer for charges
incurred during the first 30 days after the date of an unauthorized
change; and
(ii) any amount paid by the customer after the first
30 days in excess of the charges that would have been charged if the
unauthorized change had not occurred.
{(B return to the astomrer any amount paid by the
castomef in excess of the charges that would have been imposed
for byt o-dt i er 4 bth c bthe onginat telecom mu;icnti t .if
the unauthoriz ed change had not.. ao b 3 s . days
of the customer's request to return the customer to the original
telecommunications uti-ityi
(2) Responsibilities of the original telecommunications
utility. The original telecommunications utility [from which the
customer was changed ]shall:
(A) inform[provide] the telecommunications utility
that initiated the unauthorized change of[with] the amount that
would have been charged[iposed] for identical services [by the
original telecomm unications no-t ]if the unauthorized change had
not occurred, within ten[4] business days of the receipt of the
billing records required under paragraph (1)(B) [paragraph ) (1 )()
]of this subsection;
(B) provide to the customer all benefits associated with
the service[service(s) (eg ], such as frequent flyer miles[)] that would
have been awarded had the unauthorized change not occurred, on
receiving[reeeipt of] payment for service services(s] provided during
the unauthorized change; and
(C) maintain a record of[related to] customers that
experienced an unauthorized change in telecommunications utilities
that contains:
(i) (No change.)
(ii) the telephone number(s) [that were ]affected by
the unauthorized change;
(iii) the date the customer asked[requested that]
the telecommunications utility that made[initiated] the unauthorized
change to return the customer to the original telecommunications
utility[carier;] and
(iv) (No change.)
(g) Notice of customer rights.
(1) Each telecommunications utility shall make available
to its customers the notice set out in paragraph (3) of this subsection[
in both English and Spanish as necessary to adequately infofr the
eute. h -e e. the commission may exempt a telecomm a-
tions utility from the requirement that the information be provided
in Spanish upon application and a showing that 40-% er fewer of its
customers are excl-sively -Spanis speakin, and that the telecommu-
nications utili ty will notify all easters through a statement in bothPROPOSED RULES February 18, 2000 25 TexReg 1235
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Texas. Secretary of State. Texas Register, Volume 25, Number 7, Pages 1219-1442, February 18, 2000, periodical, February 11, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113915/m1/18/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.