Subchapter E. SUSPENSION OF SERVICE
GROUNDS FOR SUSPENSION Sec.
64.61. Authorized suspension of service.
64.62. Days suspension or termination of service are prohibited.
64.63. Unauthorized suspension of service.
NOTICE PROCEDURES PRIOR TO SUSPENSION
64.71. General notice provisions.
64.72. Suspension notice information.
64.73. Notice when dispute pending.
64.74. Procedures upon customer contact before suspension.
64.75. Exception for suspension based on occurrences harmful to person or property.
NOTICE PROCEDURES AFTER DISPUTE FILED
64.81. Limited notice upon noncompliance with report or order.
EMERGENCY PROVISIONS
64.101. General provision.
64.102. Postponement of suspension pending receipt of certificate.
64.103. Medical certification.
64.104. Length of postponement; renewals.
64.105. Restoration of service.
64.106. Duty of customer to pay bills.
64.107. Suspension upon expiration of medical certification.
64.108. Right of LEC to petition the Commission.
64.109. Suspension prior to expiration of medical certfication.
THIRD-PARTY NOTIFICATION
64.111. Third-party notification.
GROUNDS FOR SUSPENSION
§ 64.61. Authorized suspension of service.
Telecommunications service to a dwelling may be suspended for any of the following reasons:
(1) Nonpayment of an undisputed delinquent account or the undisputed portion of an account where a dispute exists as to part but not all of an amount billed by the LEC.
(2) Failure to post a deposit, provide a guarantee or establish credit.
(3) Unreasonable refusal to permit access to service connections, equipment and other property of the LEC for maintenance or repair.
(4) The use of service so as to interfere with or impair the use of service rendered to other customers.
(5) Failure to comply with the material terms of a payment agreement.
(6) Fraud or material misrepresentation of identity to obtain telecommunications service.
(7) Violation of tariff provisions on file with the Commission so as to threaten the safety of a person or the integrity of the service delivery system of the LEC.
(8) Unpaid indebtedness for telecommunications service previously furnished by the LEC in the name of the customer within 4 years of the date the bill is rendered.
(9) Abusive, illegal or fraudulent activity.
Authority The provisions of this § 64.61 amended under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 64.61 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (246505).
§ 64.62. Days suspension or termination of service are prohibited.
Except for emergency situations, suspension or termination of service for nonpayment of charges may not commence on any of the following:
(1) Saturday or Sunday.
(2) A bank holiday.
(3) A holiday observed by the LEC. A holiday observed by the LEC means a day when the business office of the company is closed.
Source The provisions of this § 64.62 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial page (140303).
§ 64.63. Unauthorized suspension of service.
Unless expressly and specifically authorized by the Commission, basic service may not be suspended and a suspension notice may not be sent for any of the following reasons:
(1) Nonpayment for nonbasic services.
(2) Nonpayment of delinquent fees for toll service where the LEC is technically capable of terminating toll service without also terminating basic service.
(3) Nonpayment for commercial service received at the same or different location.
(4) Nonpayment of delinquent charges based on previously unbilled telephone service resulting from LEC billing error if these charges exceed the otherwise normal, average bill by 50%. This paragraph may not prohibit suspension when the LEC reviews the charges with the customer and offers to enter into a payment agreement which, at the option of the customer, may extend at least as long as necessary to ensure that the bill in one billing period will not be greater than the normal, average bill for the period plus 50%.
(5) Noncompliance with the payment agreement before the date set for payment in the payment agreement.
(6) Nonpayment of charges for telephone service furnished more than 4 years before the date the bill is rendered.
(7) Nonpayment for residential service already furnished in the name of persons other than the customer unless a court, district justice, or administrative agency has determined that the customer is legally obligated to pay for the service previously furnished. This paragraph may not affect the creditor’s rights and remedies of the LEC otherwise permitted by law.
(8) Nonpayment of a delinquent account which accrued within the two most recent billing periods and which amounts to a total arrearage of less than $20 unless the arrearage represents the balance of a broken payment agreement.
(9) Evidence that full payment of all delinquent accounts has been made.
(10) Certification in accordance with § § 64.101—64.103 (relating to general provision; postponement of suspension pending receipt of certificate; and medical certification).
Source The provisions of this § 64.63 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial pages (140303) to (140304).
Cross References This section cited in 52 Pa. Code § 64.24 (relating to provision of bundled service packages).
NOTICE PROCEDURES PRIOR TO SUSPENSION
§ 64.71. General notice provisions.
The LEC shall mail or deliver written notice to the customer at least 7 days before the date of proposed suspension regardless of the grounds upon which suspension is sought, with the exception of the following: Failure to comply with the material terms of a payment agreement for toll or nonbasic service, or both. In these cases, the LEC shall comply with § 64.81 (relating to limited notice upon noncompliance with report or order). In lieu of mailing or otherwise physically delivering written notice of suspension, the LEC may transmit the notice electronically, so long as the LEC obtains the prior written consent of the customer to receive suspension notices electronically.
Authority The provisions of this § 64.71 amended the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301—1325 and 1501—1511; amended under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 64.71 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 14, 1989, effective July 15, 1989, 19 Pa.B. 3042; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (350871).
Cross References This section cited in 52 Pa. Code § 64.109 (relating to suspension prior to expiration of medical certification).
§ 64.72. Suspension notice information.
A notice of suspension must clearly and fully include the following information, when applicable, in conspicuous print:
(1) The reason for the proposed suspension.
(2) A statement of amounts past due, and of a required deposit. The suspension notice must identify the amount past due for basic service which the customer shall pay to avoid the suspension of basic service.
(3) A statement that a specific reconnection fee will be required to have service restored after it has been suspended if the reconnection fee is a part of the approved tariff of the LEC.
(4) The date on or after which service will be suspended unless one of the following occurs:
(i) Payment in full is received.
(ii) The grounds for suspension are otherwise eliminated.
(iii) A payment agreement is entered into.
(iv) A dispute is filed with the LEC.
(5) A statement that the customer should immediately contact the LEC to attempt to resolve the matter, including the mailing address and telephone number where questions may be filed and payment agreements entered into with the LEC.
(6) A medical emergency notice substantially in compliance with the form as set forth in Appendix A (relating to Medical Emergency Notice).
Source The provisions of this § 64.72 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended June 25, 2010, effective June 26, 2010, 40 Pa.B. 3499. Immediately preceding text appears at serial pages (246507) to (246508).
Cross Reference This section cited in 52 Pa. Code § 64.109 (relating to suspension prior to expiration of medical certification).
§ 64.73. Notice when dispute pending.
(a) A LEC shall not mail or deliver a notice of suspension if a notice of dispute, as defined in § 64.2 (relating to definitions), has been filed and is unresolved and if the subject matter of the dispute forms the grounds for the proposed suspension.
(b) A notice mailed or delivered contrary to the requirements of this section shall be void.
Authority The provisions of this § 64.73 amended under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 64.73 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial page (350872).
Cross Reference This section cited in 52 Pa. Code § 64.109 (relating to suspension prior to expiration of medical certification).
§ 64.74. Procedures upon customer contact before suspension.
(a) If, at a time after the issuance of the suspension notice and before the suspension of service, a customer contacts the LEC concerning the proposed suspension, an authorized LEC employee shall fully explain, when applicable, the following:
(1) The reasons for the proposed suspension.
(2) The available methods of avoiding a suspension including:
(i) Tendering the past due amount as specified on the suspension notice or otherwise eliminating the grounds for suspension.
(ii) Entering a payment agreement.
(iii) The right of the customer to file a dispute with the telecommunications company and, thereafter, an informal complaint with the Commission.
(3) The procedures for resolving disputes relating to charges on the notice and the procedures for filing informal complaints to request payment terms on the basic service portion of the account, including the address and the telephone number of the nearest regional Commission office.
(4) The duty of the customer to pay a portion of a bill not honestly disputed.
(5) [Reserved].
(6) The medical emergency procedures.
(7) That upon failure to timely appeal from or comply with a telecommunications company report, as defined in § 64.142 (relating to contents of written summary by the LEC), an informal complaint report, or an order from a formal complaint—the LEC is not required to give further written notice before suspension.
(b) The LEC, through its employees, shall exercise good faith and fair judgment in attempting to enter into a reasonable payment agreement regarding undisputed amounts or to otherwise equitably resolve the matter. Factors to be taken into account when attempting to make a reasonable payment agreement include, but are not limited to, the size of the unpaid balance, the payment history of the customer and the length of time over which the bill accumulated. When the customer breaches a payment agreement for toll or nonbasic service, or both, the LEC may suspend the toll or nonbasic, or both, service after complying with § 64.81 (relating to limited notice upon noncompliance with report or order). At the time a payment agreement is entered into, the LEC shall explain to the customer the consequences of breaching the payment agreement, including the possible suspension of toll or nonbasic service, or both, without further written notice. The LEC may not suspend service for an undisputed delinquent bill under either of the following circumstances:
(1) While it is negotiating a payment agreement with the customer.
(2) Within 24 hours after negotiating fails, except where toll usage increases by $25 or more after the initial customer or customer designee contact.
Authority The provisions of this § 64.74 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301, 1501 and 3019(b)(2) and (3).
Source The provisions of this § 64.74 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394; amended June 25, 2010, effective June 26, 2010, 40 Pa.B. 3499; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049; corrected October 7, 2022, effective October 8, 2022, 52 Pa.B. 6360. Immediately preceding text appears at serial pages (410870) to (410871).
Cross Reference This section cited in 52 Pa. Code § 64.109 (relating to suspension prior to expiration of medical certification).
§ 64.75. Exception for suspension based on occurrences harmful to person or property.
Notwithstanding another provision of this chapter, when a suspension is based on an occurrence which endangers the safety of a person or appears likely to prove physically harmful to the service delivery system of the LEC, the telephone company need give no written notice before suspension if the LEC honestly and reasonably believes the grounds do exist. At the time of suspension, the LEC shall mail a notice of suspension to the customer’s billing address.
Source The provisions of this § 64.75 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial pages (140306) to (140307).
NOTICE PROCEDURES AFTER DISPUTE FILED
§ 64.81. Limited notice upon noncompliance with report or order.
Upon the customer’s failure to timely appeal from or comply with a LEC report as defined in § 64.142 (relating to contents of the LEC report), an informal complaint report, an order from a formal complaint, or a payment agreement negotiated for toll or nonbasic service, or both, the original grounds for suspension shall be revived and the LEC may not be required to give further written notice before suspension if the telephone company makes a reasonable attempt to contact the customer personally at least 24 hours before suspension.
Source The provisions of this § 64.81 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial page (205960).
Cross Reference This section cited in 52 Pa. Code § 64.71 (relating to general notice provisions).
EMERGENCY PROVISIONS
§ 64.101. General provision.
No LEC may suspend or refuse to restore service to a dwelling when an occupant in the dwelling is certified by a physician to be seriously ill or affected with a medical condition which will be aggravated by a complete cessation of service except where access to emergency services by telephone is retained.
Source The provisions of this § 64.101 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial page (140307).
Cross References This section cited in 52 Pa. Code § 64.63 (relating to unauthorized suspension of service).
§ 64.102. Postponement of suspension pending receipt of certificate.
If, before suspension of service, a LEC employe is informed that an occupant is seriously ill or is affected with a medical condition, that the occupant will be endangered by a cessation of service, and that a medical certification will be procured, suspension may not occur for at least 3 days. Service may be suspended if no certification is produced within the 3-day period.
Source The provisions of this § 64.102 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial page (140308).
Cross References This section cited in 52 Pa. Code § 64.63 (relating to unauthorized suspension of service); and 52 Pa. Code § 64.104 (relating to length of postponement; renewals).
§ 64.103. Medical certification.
Certifications initially may be written or oral, subject to the right of the LEC to verify the certification by calling the physician or to require written confirmation within 7 days. All certifications, whether written or oral, shall include all of the following information.
(1) The name, address and telephone number of the customer in whose name the account is registered.
(2) The name and address of the afflicted person and the afflicted person’s relationship to the customer.
(3) The nature and anticipated length of the affliction.
(4) The name, office address and telephone number of the certifying physician.
(5) The specific reason why access to telecommunications service must be maintained.
Authority The provisions of this § 64.103 amended under 66 Pa.C.S. § 3019(b)(2) and (3).
Source The provisions of this § 64.103 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended August 12, 2022, effective August 13, 2022, 52 Pa.B. 5049. Immediately preceding text appears at serial pages (246511) to (246512).
Cross References This section cited in 52 Pa. Code § 64.63 (relating to unauthorized suspension of service); and 52 Pa. Code § 64.104 (relating to length of postponement; renewals).
§ 64.104. Length of postponement; renewals.
Service may not be suspended for the period specified in the medical certification; however, the maximum length of the certification shall be 30 days.
(1) Time not specified. If no time is specified or if the time is not readily ascertainable, service may not be suspended for at least 30 days.
(2) Renewals. An initial certification may be renewed for an additional period of up to 30 days in the same manner provided in § § 64.102 and 64.103 (relating to postponement of suspension pending receipt of certificate; and medical certification) and this section. A postponement shall not extend beyond 70 days from the date of the initial certification.
Source The provisions of this § 64.104 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354.
§ 64.105. Restoration of service.
When service is required to be restored due to emergency medical certification, the LEC shall make a diligent effort to have service restored on the date of the medical certification. Service shall be restored before the end of the next working day. Each LEC shall have employes available or on call to restore service in emergencies.
Source The provisions of this § 64.105 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial page (153563).
§ 64.106. Duty of customer to pay bills.
Whenever service is restored or suspension postponed under the medical emergency procedures, the customer shall:
(1) Make timely payment for all service provided by the LEC after the date on which service is restored or suspension postponed.
(2) Restrict toll usage to an amount no greater than $25 in a billing period while the medical certification is in effect.
Source The provisions of this § 64.106 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial page (153563).
§ 64.107. Suspension upon expiration of medical certification.
When the certification has expired, the original grounds for suspension shall be revived and the LEC may suspend service without additional written notice, if notice previously has been mailed or delivered, if the customer has failed to make or to maintain an agreement on payment arrangements, and if the LEC makes a reasonable attempt to contact the customer at least 24 hours before suspension.
Source The provisions of this § 64.107 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial pages (153563) to (153564).
Notes of Decisions Proper Suspension of Service
Telephone company properly compiled with provisions dealing with nontermination of telephone service during period of certified medical emergency and did not have duty to arrange for an extended payment plan for customer after expiration of medical emergency. Mest v. Pennsylvania Public Utility Commission, 574 A.2d 737 (Pa. Cmwlth. 1990).
§ 64.108. Right of LEC to petition the Commission.
(a) To completely suspend service before the expiration of the medical certification, except when allowed under § 64.109 (relating to suspension prior to expiration of medical certification), an LEC may petition the Commission for waiver from the medical certification procedures to contest the validity of a certification.
(b) A LEC shall continue to provide access to emergency telephone services while a final Commission adjudication on the petition is pending.
(c) Upon the filing of a petition for waiver of medical certification, Commission staff will review the facts and issue an informal written decision.
(d) A party to the proceeding may, within 20 days of the informal decision, and not thereafter except for good cause shown, appeal by filing with the Secretary of the Commission a letter stating the basis for appeal. An appeal from the informal decision will be assigned to the Office of Administrative Law Judge for hearing and decision.
Authority The provisions of this § 64.108 amended under the Public Utility Code, 66 Pa.C.S. § § 331, 501, 504—506, 1301 and 1501.
Source The provisions of this § 64.108 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended January 19, 1990, effective January 20, 1990, 20 Pa.B. 278; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887; amended July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394. Immediately preceding text appears at serial page (205963).
§ 64.109. Suspension prior to expiration of medical certification.
A telephone company may suspend service prior to the expiration of the medical certification when the customer fails to make timely payments for service provided by the LEC after the date on which service is restored or suspension postponed. The company must follow notice procedures prior to suspension according to § 64.71—64.74.
Authority The provisions of this § 64.109 issued under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1301 and 1501.
Source The provisions of this § 64.109 adopted July 17, 1998, effective July 18, 1998, 28 Pa.B. 3394.
Cross References This section cited in 52 Pa. Code § 64.108 (relating to right of LEC to petition the Commission).
THIRD-PARTY NOTIFICATION
§ 64.111. Third-party notification.
Each LEC shall permit its customers to designate a consenting individual or agency which is to be sent, by the LEC, a duplicate copy of all suspension and termination notices issued by the LEC. When contact with a third party is made, the LEC shall advise the third party of the pending action and the efforts which must be taken to avoid termination. Each LEC shall institute and maintain a program:
(1) To allow customers to designate third parties to receive copies of a customer’s or customers’ groups’ notices of suspension or termination.
(2) To advise customers at least annually of the availability of a third-party notification program and to encourage its use.
Source The provisions of this § 64.111 adopted November 30, 1984, effective January 1, 1985, 14 Pa.B. 4354; amended July 21, 1995, effective July 22, 1995, 25 Pa.B. 2887. Immediately preceding text appears at serial pages (153564) to (153565).
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