OAR 860-034-0260: Disconnection Procedures for Commercial and Residential Utility Customers

(1) This rule applies to the involuntary termination of all utility service provided by a small telecommunications utility. (2) The small telecommunications utility must provide written notice to the customer at least five business days before disconnecting service except when the disconnection is made: (a) At the request of the customer; or (b) When the facilities provided are unsafe creating an emergency endangering life or property under OAR 860-021-0315. (3) The notice must be printed in boldface type and must state language that is as clear and simple as possible: (a) The reasons for the proposed disconnection; (b) The earliest date for disconnection; (c) The amount to be paid to avoid disconnection of utility services; (d) An explanation of the Commission's complaint process and the Commission's toll-free number; and (e) An explanation of the availability of an emergency medical certificate for local exchange residential service customers under OAR 860-034-0270. (4) The small telecommunications utility may not send the notice before the due date for payment for the utility services billed. (5) The small telecommunications utility must serve the notice of disconnection in person or send it by first-class mail to the last known addresses of the customer and the customer's designated representative. Notice is served on the date of personal delivery or, if delivery is by U S Mail, on the day after the U S Postal Service postmark or postage metering. (6) If a premises visit is required to complete disconnection, the small telecommunications utility must make a good-faith effort to personally contact the customer or a resident at the service address to be disconnected. If the small telecommunications utility's attempt to make personal contact fails, the utility must leave a notice in a conspicuous place at the premises informing the customer that service has been disconnected. (7) In lieu of permanent disconnection, a small telecommunications utility may temporarily curtail utility service by preventing the transmission of incoming telephone messages and/or outgoing toll messages while continuing to let the customer make outgoing local messages. Temporary curtailment of utility service, as defined in this section, shall be permitted only upon five days' written notice as set forth in section (3) of this rule. The notice shall state that permanent disconnection will follow within ten days unless the customer makes full payment of any overdue amount or any other obligation. (8) Except for utility service provided by a small telecommunications utility to its customers served by an office incapable of restricting toll service, a small telecommunications utility shall not disconnect or deny local exchange service for an applicant's or customer's failure to pay for utility services not under the local exchange utility's tariff or price list. A small telecommunications utility may limit access to toll and special services using the "9XX" prefix or Numbering Plan Area (NPA) for the failure to pay for such services. (9) A small telecommunications utility may not disconnect or deny local service to customers or applicants, who are eligible to receive OTAP, for failure to pay toll charges. (10) A small telecommunications utility may request a limited waiver of the requirement of section (9) of this rule under OAR 860-034-0010(1), upon meeting all the following conditions: (a) Showing the small telecommunications utility would incur substantial costs in complying with the requirement; (b) Demonstrating the small telecommunications utility offers toll-blocking services to customers identified in section (9) of this rule; and (c) Showing that telecommunications subscribership among low-income customers in its service area in Oregon is at least as high as the national subscribership level for low-income customers.