SECTION 26.21. General Provisions of Customer Service and Protection Rules

(a) Purpose. The purpose of the rules in this subchapter is to ensure certain customer protections in the provision of local telecommunications service by certificated telecommunications utilities (CTUs) and to establish minimum customer service standards that a CTU shall meet in providing telecommunications service to the public. Nothing in these rules should be interpreted as preventing a CTU from adopting stronger customer protection policies for all customers or for differing groups of customers, as long as those policies do not violate the prohibitions against discrimination in subsection (b) of this section.

(b) Prohibition against discrimination.

(1) This subchapter prohibits CTUs from discrimination based on race, nationality, color, religion, sex, marital status, income level, source of income, and from unreasonable discrimination on the basis of geographic location.

(2) CTUs shall establish an anti-discrimination policy and shall maintain all appropriate information needed to demonstrate compliance.

(3) Upon request by a customer or the commission, a CTU shall provide its anti-discrimination policy and all information necessary to demonstrate compliance with anti-discrimination requirements.

(c) Other prohibitions. No CTU shall engage in any fraudulent, unfair, misleading, deceptive, or anti-competitive practice.

(d) Protections. All customer protections and disclosures established by the Fair Credit Reporting Act (15 U.S.C. §§1681, et seq. ) and the Truth in Lending Act (15 U.S.C. §§1601, et seq. ) are applicable where appropriate whether or not explicitly stated in the rules.

(e) Definitions. The following words and terms when used in this subchapter shall have the following meanings, unless the context indicates otherwise.

(1) Applicant--A person who applies for service for the first time or reapplies after disconnection of service.

(2) Customer--A person who is currently receiving service from a CTU in the person's own name or the name of the person's spouse.

(3) Days--Refers to calendar days.

(4) In writing--Written words memorialized on paper or sent electronically.

Source Note: The provisions of this §26.21 adopted to be effective December 27, 2000, 25 TexReg 12653