Section 10. Disconnection of local exchange service for failure to pay

A. A LEC may disconnect local exchange services, including basic telephone service for a customer's failure to pay fully for such local exchange services or basic telephone service when those services are found in the LEC's tariff on file with the commission and there is no bona fide dispute concerning those services.

B. A LEC may disconnect a bundled service for a customer's failure to pay fully for the bundled service when the bundled service is considered a basic bundle and the description and full price of the basic bundle are found in the LEC's tariff on file with the commission, and there is no bona fide dispute concerning the basic bundle.

C. A LEC may disconnect local exchange services, including basic telephone service, or a basic bundle identified in subsections A and B of this section, for a customer's failure to pay the SLC, USF, or TRS fees or surcharges billed by the LEC. If billed on behalf of an affiliate, the SLC, USF, or TRS fees or surcharges or a portion thereof must be associated with a basic bundle.

1. The LEC must provide written notice to the commission's Division of Communications of the SLC, USF, or TRS fees or surcharges. This notice shall include the fee or surcharge name as it appears on the customer's bill, an explanation of the charge, and the billed amount. The LEC is responsible for the timely submission of information to the Division of Communications on any changes to the amount, name, explanation, or applicability of the fees or surcharges. A LEC shall not disconnect a customer's local exchange services, including basic telephone service, or a basic bundle, for failure to pay any of these fees or surcharges if this notice has not been submitted to the Division of Communications, or the information provided is not current.

2. The SLC, USF, and TRS fees and surcharges must be separately identified on the customer's bill for the LEC to have authority to disconnect local exchange services, including basic telephone service, or a basic bundle, for nonpayment of any of these fees or surcharges.

3. A LEC may petition the commission for similar treatment of additional fees or surcharges as is provided for the SLC, USF, and TRS in this subsection. Any such petition shall provide sufficient documentation and rationale for the request. The commission may grant such treatment for an additional fee or surcharge for an individual LEC or on behalf of all LECs.

D. A LEC may disconnect any local exchange service that the LEC is not required by the commission to include in tariffs on file with the commission for nonpayment of such service; however, the LEC may disconnect only those nontariffed local exchange services for a customer's failure to pay for those nontariffed local exchange services.

E. Nothing in this chapter is intended to alter the responsibility of a customer to pay for services or products used or subscribed to, or other charges that appear on the customer's bill from a LEC.

Historical Notes

Derived from Volume 18, Issue 04, eff. October 17, 2001; amended, Virginia Register Volume 23, Issue 03, eff. December 1, 2006.

Statutory Authority

§ 12.1-13 of the Code of Virginia.