Consumer Bill of Rights

Consumer Information – Telephone Service

The Missouri Public Service Commission encourages you to read bill messages and bill inserts for important information regarding your telephone charges and services.  The following is additional information to assist you in understanding your rights and responsibilities for local and long distance telephone service.

Non-Published or Unlisted Numbers

Non-published number – a telephone number that is not listed in the paper phone directories, but is released to Directory Assistance callers.

Unlisted number – a telephone number that is not listed in the paper phone directories and is not released to Directory Assistance callers.

911 or Emergency Service Calls

Local telephone companies are obligated to route emergency calls from customers to the proper Public Safety answering center.  Costs associated with the 911 systems are determined by your local government.  The local telephone company collects those charges through your monthly telephone bill and then pays those amounts to the provider of 911 service in your area.

Advance Payment

An advance payment is money received by a telephone company from a customer for the purpose of securing payment for future charges.  Generally, a telephone company may request an advance payment for the limited purpose of securing payment of installation charges and estimated charges for one (1) month of services.          

Caller ID

This feature enables the Customer to view the Calling Party Name and/or Number for incoming telephone calls.  When Caller ID is activated on a customer’s line, the Calling Party Name and/or Number is displayed on a display unit during the first, long silent interval of the ringing cycle.

Blocking of Calling Party Name and/or Number will be available upon request, at no charge, ONLY to the following entities for lines over which the official business of the agency is conducted, including those at the residences of employees/volunteers, where an executive officer of the agency registers a need for blocking:

• Private, nonprofit, tax exempt, domestic violence intervention agencies,
• Federal, state, and local law enforcement agencies.

A Customer may prevent the delivery of their calling name and/or number to the called party by dialing an access code (*67 on their touch tone pad or 1167 from a rotary phone) immediately prior to placing a call.  The access code will activate per call blocking, which is available at no charge.  If the calling party activates blocking, the called party will receive an anonymous indicator.  If the Caller ID customer also subscribes to Anonymous Call Rejection, the calling party will be routed to a telephone company recording advising the caller that the called party will not accept calls whose calling name and/or number has been blocked.

Any customer subscribing to Caller ID is responsible for the display device that will be located on the customer’s premises.  The installation, repair, and technical capability of that equipment will be the responsibility of the customer.  The telephone company assumes no liability and will be held harmless for any incompatibility of this equipment to perform satisfactorily with the Caller ID features.

Caller ID is not available on operator-handled calls.

Call Trace

Call trace may be available from your local telephone company.  You may be required to subscribe to this service for a monthly charge.  Call Trace typically allows the customer to dial *57 to automatically request that the following information be recorded: a) the originating telephone number b) the date and time of the call and c) the date and time call trace was activated.  Contact your local telephone company for further information.

Changing Long Distance Service Providers

Telephone bills indicate the name of your long-distance company.  If you believe your long distance provider was switched without authorization (a practice called slamming), you should contact your telephone company immediately.

No telephone company shall process a customer request to change service providers until that telephone company has obtained the subscriber's written authorization.

The telephone company can obtain the subscriber's authorization through a telephone call placed from the telephone number(s) on which the change is requested to a voice response unit, or similar mechanism that records the required information.  Verification can also be obtained by a qualified independent third party. The content of the verification must include clear and conspicuous confirmation that the subscriber has authorized a change.

A telephone company may use a letter of agency to obtain written authorization and/or verification to process a request to change a customer's telephone service provider.  The letter of agency must be a separate document (or an easily separable document) containing only the language authorizing the change.  The letter of agency may only be signed and dated by the customer requesting the company change.

The letter of agency may be combined with checks that contain only the required letter of agency language 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, bold-face type on the front of the check, a notice that the customer is authorizing a change in service providers by signing the check. The letter of agency language shall be placed near the signature line on the back of the check.

Pre-subscribed Interexchange Carrier Charge (PIC) is a charge applied when a customer changes long distance carriers.
 

Customer Inquiries

Each telephone company must provide a toll-free telephone number for customer inquiries.  Personnel will be available during normal business hours to accept and handle customer inquiries.

Customer Telephone Bill For Local Telephone Service

A telephone company, after the initial bill for new service is rendered, is required to render a bill during each billing period except when the bill has a "00" balance.

A telephone company may render bills on a cyclical basis if the bill is rendered on or about the same day of each month or as otherwise agreed to by the customer.

If a telephone company does not expressly offer a preferred payment date plan, a customer shall have at least twenty-one (21) days from the rendition of a bill to pay the charges stated. If the charges remain unpaid for twenty-one (21) days from rendition of the bill such charges will be deemed delinquent.

If a telephone company has a preferred payment date plan, which it has expressly offered to all its customers, the charges are due on or before the due date under the plan. Charges not paid by the due date may be deemed delinquent.

When paying by mail, be sure to allow enough time for your payment to reach the telephone company by the due date.

Payment must be sent to the telephone company or made at one of its agent locations.  Payment for service may be made by credit card or check, or may be paid in cash at an authorized location.  If you are temporarily having difficulty paying your telephone bill, please call the telephone company immediately.  By calling the company, you may avoid having your phone service suspended or disconnected.

A telephone company may assess a penalty charge upon a delinquent account.

Every bill must clearly state:

• The number of telephone lines for which charges are stated; 
• The beginning or ending dates of the billing period for which charges are stated;
• A statement of the date the bill becomes delinquent if not paid;
• Penalty fees and advance payments, if any;
• The unpaid balance, if any;
• An itemization of the amount due for all other services including the date and duration (in minutes or seconds) of each toll call;
• The amount due for all services offered at a packaged rate and an itemization of each service included in the package;
• An itemization of the amount due for taxes, franchise fees and other fees and/or surcharges;
• The total amount due;
• A toll free telephone number where inquiries and/or dispute resolutions may be made for each company with charges appearing on the customer's bill;
• The amount of any deposit, advance payments and/or interest accrued on a deposit which has been credited to the charges stated; and
• Any other credits and charges applied to the account during the current billing period.

The amount of any deposit held by the company and the interest accrual rate must be stated on the customer’s first bill for service and on the last bill for service.

During the first billing period, a customer receives a bill insert or other written notice that contains an itemized account of the charges for any equipment and service for which the customer has contracted.

Deposit requirements

A telephone company may require a deposit or guarantee as a condition of new service. The deposit may be required prior to and no more than thirty (30) calendar days after the telephone company actually provides service to the customer.

A telephone company may require a deposit or guarantee as a condition of continued service under either of the following circumstances:

• The customer has delinquent charges in two (2) out of the last twelve (12) billing periods.
• The customer has had service discontinued at any time during the preceding twelve (12) billing periods.

A deposit or guarantee cannot be required by a telephone company because of race, sex, creed, national origin, marital status, age, number of dependents, source of income, disability or geographical area of residence subject to the following terms:

• It shall not exceed estimated charges for two (2) months' service based on the average bill during the preceding twelve (12) months, or, in the case of new applicants for service, the average monthly bill for new subscribers;
• It shall bear interest at a rate equal to one percent (1%) above the prime lending rate as published in the Wall Street Journal on the last business day of September of each year;
• Upon discontinuance or termination, the deposit and accrued interest shall be credited to the charge stated on the final bill and the balance, if any, shall be returned to the customer within twenty-one (21) days of the rendition of such final bill;
• Upon satisfactory payment of all undisputed charges during the twelve (12) billing periods, the deposit and accrued interest will be promptly refunded or credited against charges stated on subsequent bills. (A telephone company may withhold refund of a deposit pending the resolution of a dispute with respect to charges secured by such deposit);
• Customers can post a deposit required as a condition of continued service in two (2) equal monthly installments or as otherwise agreed upon. A company may bill these installments as a line item on customer bills.
• In lieu of a deposit a telephone company may accept a written guarantee. The guarantee shall not exceed the amount of a cash deposit that the telephone company could request under this section.
• A guarantor shall be released upon satisfactory payment of all undisputed charges during twelve (12) billing periods. Payment of a charge is satisfactory if received prior to the date upon which the charge becomes delinquent, provided it is not in dispute.

Discontinuance of Service

Telephone service may be discontinued for any of the following reasons:

• Nonpayment of a delinquent charge;
• Failure to post a required deposit or guarantee;
• Unauthorized use of telephone company equipment in a manner that creates an unsafe condition or creates the possibility of damage or destruction to such equipment;
• Failure to comply with terms of a settlement agreement;
• Refusal after reasonable notice to permit inspection, maintenance or replacement of telephone company equipment;
• Material misrepresentation of identity in obtaining telephone company service; or
• As provided by state or federal law.

Local telephone service may only be discontinued for nonpayment of a delinquent charge for local telephone services.

A telephone company may block the ability for customer to make toll calls if a customer does not pay delinquent charges.

A telephone company may remove all non-basic calling features and functions (i.e., call waiting, call forwarding) if a customer does not pay delinquent charges.

Service may be discontinued during normal business hours on or after the date specified in the notice of discontinuance.

Telephone service shall not be discontinued unless customer receives written notice by first-class mail at least ten (10) days prior to the date of the proposed discontinuance. As an alternative, a telephone company may deliver a written notice by hand to the customer at least ninety-six (96) hours prior to discontinuance.

A notice of discontinuance shall contain the following information:

• The name and address and the telephone number of the customer;
• A statement of the reason for the proposed discontinuance and the cost for reconnection;
• The date service will be discontinued unless appropriate action is taken;
• How a customer may avoid the discontinuance;
• The customer's right to enter into a settlement agreement if the claim is for a charge not in dispute and the customer is unable to pay the charge in full at one time;
• The telephone number where the customer may make an inquiry;
• A statement that this notice will not be effective if the charges involved are part of an unresolved dispute; and
• A statement of the exception for medical emergency.

A telephone company shall postpone a discontinuance for at least twenty-one (21) days if service is necessary to obtain emergency medical assistance for a person who is a member of the household where the telephone service is provided and where such person is under the care of a physician. Any person who alleges such emergency, if requested, shall provide the telephone company with reasonable evidence of such necessity.

At least twenty-four (24) hours preceding a discontinuance of local telephone service, a telephone company will make reasonable efforts to advise the customer of the proposed discontinuance and what steps must be taken to avoid discontinuance.  Reasonable efforts shall include either additional written notice, a door hanger or at least one (1) telephone call attempt to reach the customer.

Payment by personal check may be refused if the customer, within the last twelve (12) months, has tendered payment in this manner and the check has been dishonored, except when the dishonor is due to bank error.

Dispute Process

In the event of a dispute over a telephone service:

A customer shall advise a telephone company that all or part of a charge is in dispute by written notice, in person or by a telephone message directed to the telephone company during normal business hours. A dispute must be registered with the utility prior to the delinquent date of the charge for a customer to avoid discontinuance of service.

When a customer advises a telephone company that all or part of a charge is in dispute, the telephone company is required to record the date, time and place the inquiry is made; investigate the inquiry promptly and thoroughly; and attempt to resolve the dispute in a manner satisfactory to both parties.

Failure of a customer to cooperate with the telephone company in efforts to resolve an inquiry which has the effect of placing charges in dispute shall constitute a waiver of the customer's right to continuance of service.

If a customer disputes a charge, the customer shall pay an amount to the telephone company equal to that part of the total bill not in dispute. The amount not in dispute shall be mutually determined by the parties. The parties shall consider the customer's prior usage, the nature of the dispute and any other pertinent factors in determining the amount not in dispute. The telephone company cannot discontinue service to a customer for nonpayment of charges in dispute while that dispute is pending.

If the parties are unable to mutually determine the amount not in dispute, the customer shall pay to the telephone company, at the company's option, an amount not to exceed fifty percent (50%) of the charge in dispute or an amount based on usage during a like period under similar conditions which shall represent the amount not in dispute. The telephone company shall not discontinue service to a customer for nonpayment of charges in dispute while that dispute is pending.

Failure of the customer to pay the amount not in dispute within four (4) working days from the date that the dispute is registered or by the delinquent date of the disputed bill, whichever is later, shall constitute a waiver of the customer's right to continuance of service and the telephone company may then proceed to discontinue service.

If the dispute is ultimately resolved in the favor of the customer in whole or in part, any excess moneys paid by the customer shall be refunded promptly.

If the telephone company does not resolve the dispute to the satisfaction of the customer, the telephone company representative shall notify the customer that each party has a right to make an informal complaint to the Missouri Public Service Commission, and of the address and telephone number where the customer may file an informal complaint with the Commission.

If the telephone Company cannot resolve your complaint, you may call the Missouri Public Service Commission at 800-392-4211 to file an informal complaint.  The Missouri Public Service Commission is located at Governor’s Office Building, 200 Madison Street, P.O. Box 360, Jefferson City, Missouri 65101.

You may contact the Missouri Office of the Public Counsel, representing the public before the Public Service Commission.  The Missouri Office of the Public Counsel has an office at the Governor’s Office Building, Jefferson City, Missouri 65101.  The Public Counsel’s telephone number is (573) 751-4857.

After resolution of the customer complaint, a telephone company may treat a customer complaint or dispute involving the same question or issue based upon the same facts as already determined.

Local Telephone Service/Basic Local Exchange Service

A telephone company shall not discriminate against a customer or potential customer.

All telephone companies must inform potential customers at the time service is requested and at the time a contract for service is entered into of the lowest cost service and equipment available.

A local service area or basic local service area is the geographic area consumers may call without incurring long distance charges. This service can include your telephone line(s) in your home or business, touch-tone features and mileage zones.  In addition, charges for extended calling plans such as Extended Area Service (EAS) or Metropolitan Calling Area (MCA) as well as other features such as three-way calling, call forwarding, etc. may be bundled with charges for local telephone service or basic local exchange service.

Long Distance Telephone Service

A telephone company shall not discriminate against a customer or potential customer.

Long distance or toll calls are generally billed by companies on a per minute basis.  Most callers place long distance calls by dialing 1+ the telephone number they wish to call.  Examples of long distance service include traditional 1+ dialing (1+XXX-XXX-XXXX), 10-10 calling, incoming toll-free service (e.g., 800, 888), long distance operator services, long distance directory assistance, calling card services, and pre-paid long distance debit card service. http://abtolls.com/

Operator Services

Customers will not be billed for incomplete operator service calls.

Customers will be advised of the name of the operator service provider at the time of the initial contact.

The operator service provider must provide access to general rate information prior to making a call, or in the case of a collect call, prior to accepting the charges for a call.

The operator service provider will employ reasonable calling card verification procedures.

If able, the operator service provider will transfer calls to, or advise how to reach other authorized long distance carriers upon request.

Pay Telephone Service

Customers using pay telephone equipment shall be able to reach the operator without charge and without the use of a coin.

Customers using pay telephone equipment shall be able to reach local 911 emergency service, where available, without charge and without using a coin.  If 911 is not available, each payphone will display the required procedure to reach local emergency service without charge and without using a coin.

The pay telephone provider must provide a means to readily access rate information prior to making a call, or in the case of a collect call, prior to accepting the charges for a call.

Pay telephone equipment shall allow the completion of local and toll calls.

Pay telephone equipment shall permit access to directory assistance.

All 0 – or 00 – emergency calls will be routed in the quickest possible manner to the appropriate local emergency service provider, at no charge.

Pay telephone equipment shall not block access to any long distance company except as otherwise authorized by law.

The following information shall be displayed in close proximity to all pay telephone equipment:

• The name, address and telephone number of the pay telephone service provider;
• The method of obtaining refunds;
• The procedure for reporting service difficulty;
• If applicable, the notice should state that the pay telephone does not accept incoming calls;
• The name of the telephone company handling 0+ long distance calls.

Preferred Carrier Freezes

A preferred carrier freeze prevents a change in a customer’s long distance company unless the customer gives express consent.

A customer will need to contact his or her local telephone company to implement a preferred carrier freeze.  The freeze will not be implemented until:

• The local telephone company has obtained the subscriber's written and signed; or
• The local telephone company has obtained the subscriber's authorization, placed from the telephone number(s) on which the preferred carrier freeze is to be imposed to a toll-free telephone number exclusively for that purpose that connects to a voice response unit, or similar mechanism that records the required information; or
• An appropriately qualified independent third party has obtained the subscriber's oral authorization to submit the preferred carrier freeze and confirmed the appropriate verification data (e.g., the subscriber's date of birth) The content of the verification must include clear and conspicuous confirmation that the subscriber has authorized a preferred carrier freeze.
• Written authorization to impose a preferred carrier freeze. A local telephone company may accept a subscriber's written and signed authorization to impose a freeze on his or her preferred carrier selection.

The preferred carrier freeze may involve a charge to the customer.
 

Prepaid Local Telephone Service

Prepaid local telephone service is local telephone service for which a customer pays for prior to being provided service.  The telephone company does not perform consumer credit checking and application scoring and does not require a deposit from the customer prior to receiving service.
 
Customers will receive a telephone bill each month.

Prepaid telephone companies provide local telephone service only, including access to 9-1-1 service, where available.

Prepaid telephone companies do not provide access to long distance, directory assistance service, or operator service.

A one-time installation fee and the first month’s service charge plus associated taxes are required to initiate service.  Upon initiating service, customer will receive a Residential Customer Rights and Responsibilities Statement for Pre-paid Local Telephone Service.

The installation fee is 100% refundable upon request for termination of service within 10 business days following the date on which the Statement of Residential Customer Rights and Responsibilities Statement is either hand delivered or mailed to the customer.  In the event the Residential Customer Rights and Responsibilities Statement is mailed, the 10 business days shall start on the date of the postmark.

The monthly service charge plus associated taxes, is also refundable within 10 business days and shall be prorated for the actual number of days which service was provided with the unused portion being refunded.

Rate Changes

Telephone companies are required to provide customer notice at least 10 days in advance of proposed rate increases.

Reconnection of Service

Local telephone service will be restored when the reason for the discontinuance has been corrected and all undisputed amounts have been paid.

If telephone service is discontinued, a new telephone number will be assigned and installation charges must be paid again.  Prior to discontinuing telephone service, service may be suspended by the telephone company.  If telephone service is suspended, your telephone number is reserved for a few days and you will not be charged installation charges again.

Removing Preferred Carrier Freezes

All local telephone companies who offer preferred carrier freezes must, at a minimum, offer subscribers the following procedures for lifting a preferred carrier freeze:

• A local telephone company administering a preferred carrier freeze must accept a subscriber's written and signed authorization stating her or his intent to lift a preferred carrier freeze; and
• A local telephone company administering a preferred carrier freeze must accept a subscriber's oral authorization stating her or his intent to lift a preferred carrier freeze via a three (3)-way conference call with the company administering the freeze and the subscriber in order to lift a freeze.

Settlement Agreements with Residential Customers

When a customer is unable to pay a charge in full when due, the telephone company to whom the charge is due shall permit the customer to enter into an initial settlement agreement under which the charge may be paid as mutually agreed to by both parties. A copy of the settlement agreement shall be delivered or mailed to the customer upon request by the customer.

Matters treated by a settlement agreement shall not constitute a basis for a discontinuance as long as the terms of the settlement agreement are followed.

Universal Service Fund (USF)

http://sos.mo.gov/adrules/csr/current/4csr/4c240-31.pdf
This fund was created by the Federal Communications Commission (FCC) to help make telephone service affordable and available to all Americans, including customers with low incomes, those living in areas where the costs of providing telephone service is high, schools and libraries and rural health care providers.

Financial Assistance Programs

Residential customers with a financial need and who meet eligibility requirements may qualify for assistance programs, including the Link-Up and Lifeline programs.

• Link-Up is designed to provide a reduction and/or a deferred payment plan for a telephone company’s connection charges.
• Lifeline is a program designed to offer a monthly discount on a customer’s local telephone bill.