20.45.04.06

.06 Denial of Service Requiring Notice.

The utility may deny service for any of the following reasons provided it has notified the customer of its intent, in writing, to deny service and has allowed the customer a reasonable time of not less than 10 days, or as otherwise specified in these regulations, in which to remove the cause for denial:

A. Non-compliance with Regulations. For violation of or non-compliance with regulations of this subtitle, or for violation of or non-compliance with the utility's tariffs on file with the Commission.

B. Failure on Contractual Obligations. For failure of the customer to fulfill his contractual obligations for service or facilities subject to regulation by the Commission.

C. Refusal of Access. For failure of the customer to permit the utility to have reasonable access to its equipment.

D. Non-payment of Bill.

(1) For non-payment of a bill for service, provided that the utility has made a reasonable attempt to effect collection and has given the customer written notice of its intent to deny service if settlement of his account is not made and provided the customer has at least 5 days, excluding Sundays and holidays in which to make settlement before his service is denied.

(2) In cases of bankruptcy, receivership, abandonment of service, or abnormal toll usage not covered adequately by a security deposit, less than 5 days notice may be given if necessary to protect the utility's revenues.

(3) Except in cases where a prior promise to pay has not been kept or bankruptcy, receivership, abandoned service, or abnormal toll usage is involved, the utility may not deny service on the day preceding any day on which it is not prepared to accept payment of the amount due and to reconnect service.

E. Failure to Comply with Service Conditions. For failure of the customer to furnish the service equipment, permits, certificates, or rights-of-way, specified by the utility as a condition to obtaining service, or if the equipment or permissions are withdrawn or terminated.

F. Failure to Comply with Municipal Ordinances. For failure to comply with municipal ordinances or other laws pertaining to telephone service.

G. Failure to Pay Increased Deposit Required. For failure of the customer to pay an increased security deposit when warranted by the utility to protect its revenue in accordance with Regulation .04 of this regulation.

H. Obligations as to Co-occupants.

(1) Definitions. In this section, the following terms have the meanings indicated:

(a) "Co-occupant" means two or more adults who occupy the same dwelling unit as their primary domicile or legal residence within the State.

(b) "Satisfactory payment arrangement" means an agreement in writing signed by the customer, applicant, or co-occupant to keep the existing account current and pay the outstanding bill on the following terms:

(i) For outstanding bills of $400 or less, payment of 1/4 of the outstanding bill before the new telephone service is established and payment of the outstanding balance in not more than three installments; or

(ii) For outstanding bills in amounts over $400, payment of 1/3 of the outstanding bill before the new telephone service is established and payment of the outstanding balance in not more than three installments.

(c) "Satisfactory payment arrangement" may include an agreement that access to toll telephone service may be restricted until the outstanding bill is paid in full.

(2) Telephone service may be denied or terminated to a customer or applicant in a dwelling unit where there are co-occupants:

(a) If service to that dwelling unit was previously maintained in a current co-occupant's name during a period of co-occupancy with the customer or applicant and the co-occupant has failed to pay or make a satisfactory payment arrangement for an outstanding bill or undisputed portion of a disputed bill for service at the dwelling unit during the period of co-occupancy, the collection of which is not barred under applicable State or federal law; or

(b) If service at a prior dwelling unit of the customer or applicant was maintained in a current co-occupant's name and the co-occupant has failed to pay or make a satisfactory payment arrangement for an outstanding bill or undisputed portion of a disputed bill for service at the prior dwelling unit during the period of co-occupancy, and the collection of the bill is not barred under applicable State or federal law.

(3) Failure to comply with the terms of the satisfactory payment arrangement may result in immediate termination.