67 Custom notification of changes in tariff rates, terms and conditions of competitive services for intra- state interexchange and local exchange carriers; M-00011587
PENNSYLVANIA PUBLIC
UTILITY COMMISSIONCustomer Notification of Changes in Tariff Rates, Terms and Conditions of Competitive Services for Intrastate Interexchange and Local Exchange Carriers; M-00011587 [32 Pa.B. 294] Public Meeting held
December 19, 2001Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Order By the Commission:
In 1993, the General Assembly enacted Chapter 30 of the Public Utility Code, 66 Pa.C.S. §§ 3001--3009, authorizing an alternative form of regulation for telecommunications utilities. By Order entered April 24, 1997, at L-00940099, the Commission promulgated final regulations implementing Chapter 30 with regard to intrastate interexchange carriers (IXCs). The regulations were codified at 52 Pa. Code §§ 63.101--63.110, and became effective upon publication in the Pennsylvania Bulletin on July 5, 1997. See 27 Pa.B. 3217. Likewise, by Order entered December 1, 2000, at the same docket, the Commission promulgated ''tariff parity'' regulations for incumbent and competitive local exchange carriers (LECs). The regulations were codified at 52 Pa. Code §§ 53.57--53.60, and became effective upon publication in the Pennsylvania Bulletin on December 2, 2000. See 30 Pa.B. 6202.
When the Commission promulgated these final regulations, no reference was made to IXCs or LECs giving notice their customers regarding tariff changes for competitive services. The only ''notice'' expressly referenced is 1- and 16-day notice to the Commission for IXCs and 1-day notice to the Commission for LECs, with the filing of these tariff supplements to the Commission basically for informational purposes only. Nonetheless, it was never the Commission's intention that its regulations would preclude IXCs or LECs from giving notification to their existing customers of changes in tariff rates, terms and conditions for competitive services. In addition, the Commission did not intend, nor does it believe, that our regulations preempt the authority of the Attorney General to enforce the customer notification provisions of state law that inure to the benefit of Pennsylvania citizen-ratepayers. Indeed, by letter dated August 8, 2001, the Attorney General expressly advised all long distance companies providing service in Pennsylvania that pursuant to the Commonwealth's Unfair Trade Practices and Consumer Protection Law, consumers must be afforded reasonable advance notice and an opportunity to reject any material change to their existing contractual relationship. See also 73 P. S. § 201-2(4)(xxi). This state law requirement is equally applicable to LECs regarding changes in the tariff rates, terms and conditions for their competitive services.
Making information regarding proposed changes in rates, terms and conditions available to the public is beneficial to competitive markets. Clearly, requiring customer notification in a competitive environment will help provide customers with information about services in order to help them shop effectively and to choose the particular rate plan that best suits their individual needs. Additionally, the Commission believes that customer access to information regarding changes in tariff rates, services and conditions of service will protect the public from marketplace abuses; Therefore,
It Is Ordered That:
1. Provisions of the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P. S. §§ 201-1, et seq., and common law contract principles which require intrastate interexchange carriers and local exchange carriers to provide prior written notification to existing customers of any change in the tariff rates, terms and conditions of competitive services have not been preempted by our regulations at 52 Pa. Code §§ 63.101--63.110 and 52 Pa. Code §§ 53.57--53.60
2. The failure of any interexchange carrier or local exchange carrier to provide customer notification as set forth in the Pennsylvania Unfair Trade Practices and Consumer Protection Statute shall be deemed a violation of section 1501 of the Public Utility Code, 66 Pa.C.S. § 1501, and referred to the Commission's Prosecutory Staff for the appropriate enforcement action.
3. This order shall be served on all local exchange and interexchange carriers providing telecommunications service in Pennsylvania, published in the Pennsylvania Bulletin, and placed on the Commission's website at http://puc.paonline.com.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 02-67. Filed for public inspection January 11, 2002, 9:00 a.m.]
