100

100. DEFINITIONS: 1. COMPETITIVE LOCAL EXCHANGE CARRIER (CLEC) - A competitive local phone company. 2. CUSTOMER - The party responsible for paying local or toll charges and any party whom the carrier, in reliance on the verification requirements in Section 115 (1), (2), and (3) of this rule. believes in good faith to have authority to authorize any conversion of telecommunications service provider. 3. INTEREXCHANGE CARRIER (LXC) - A telephone company that provides long distance service. Some IXCs may now also be allowed to provide local service. 4. LETTER OF AGENCY (LOA) - A written authorization by the customer allowing a telecommunications company to act on their behalf to change the customers carrier of local and/or long distance service. 5. LOCAL EXCHANGE CARRIER (LEC) - A local phone company. 6. PRIMARY INTEREXCHANGE CARRIER (PIC) - The long distance company to which traffic from a given location is automatically routed when dialing 1+ in equal access areas. The PIC is identified by the Carrier Identification Code which is assigned by the LEC or CLEC to the telephone numbers of all the subscribers to that carrier to ensure the calls are routed over the correct network. When a subscriber switches long distance carriers, it often is referred to as a PIC change. 7. RESELLER - A local or long distance company that does not own its own transmission lines. It buys lines and services from other carriers and resells them to its subscribers. 8. TELECOMMUNICATIONS SERVICE PROVIDER - Any person, firm, partnership or corporation engaged in furnishing telephone service to the public. 105. No telecommunications service provider shall provide for, bill for, nor solicit any service that could involve intrastate services within Mississippi; without a Certificate of Public Convenience and Necessity from the Commission. If the telecommunications service provider provides, bills, or solicits for, interstate service only, then all intrastate services must be blocked by the telecommunications service provider. Mississippi intrastate service currently includes calls which originate and terminate within Mississippi. Telecommunications service providers unable to block intrastate services must obtain a Certificate of Public Convenience and Necessity to operate from the Commission. 110. All telecommunications service providers operating under a Certificate of Public Convenience and Necessity will, upon notice from the Commission, cease to provide telecommunications service, including interconnection service, directly to or on behalf of an uncertified telecommunications service provider that is required to be certified and which is providing telecommunications service in Mississippi, unless the uncertified telecommunications service provider is exempt from the Commission's certification requirements pursuant to state or federal law or explicit Commission order. 115. No telecommunications service provider, including LECs and CLECs, authorized to provide service in this state shall submit to a customer's LEC or CLEC a local change and/or primary interexchange carrier change order unless confirmed by one of the following methods: 1. obtaining the customer's written authorization by Letter of Agency (LOA). The LOA must conform to Section 120 herein. 2. obtaining the customer's electronic authorization by a toll-free number called from the telephone number(s) on which the telecommunications service provider is to be changed; 3. or obtaining by audio recording the customer's oral authorization and verified by an independent third party. The audio recording should contain both the original solicitation and verification. The third party must: a. state the name of the person calling and the name of the carrier on whose behalf he is calling; b. state that he is calling to confirm the customer's agreement to change providers to the named carrier for local, local toll or long distance service (as may be applicable); c. inquire whether the consumer is the decision-maker/person authorized to change the telecommunications service for the telephone number(s); and d. inquire whether the consumer is at least 18 years old. The above rule does not apply to inbound calls initiated by the customer. 120. The LOA must contain the following information: 1. The LOA shall be a separate document whose sole purpose is to authorize a change in the customer's telecommunications service provider. The LOA must be signed and dated by the customer to the telephone line(s) requesting the telecommunications service provider change. 2. The LOA shall not be combined with inducements of any kind on the same document. The LOA must not be associated with or attached to any display promoting anything other than telecommunications service. This includes, but is not limited to, the use of contests or sweepstakes entries of any kind. 3. Notwithstanding paragraphs (1) and (2) of this section, the letter of agency may be combined with checks that contain only the required LOA language prescribed in this Rule 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 LOA check shall continue, in easily readable, bold-face type on the front of the check, a notice that the customer is authorizing a telecommunications service provider change in the telecommunications service provider by signing the check. The LOA language also shall be placed near the signature line on the back of the check. 4. At a minimum, the LOA must be printed with a type of sufficient size and readable type to be clearly legible and must contain clear and unambiguous language that confirms: a. the customer's billing name and address and each telephone number to be covered by the telecommunications service provider change order; and b. the decision to change the telecommunications service provider carrier from the current carrier to the prospective carrier; and c. that the customer designates the telecommunications service provider to act as the customer's agent for the telecommunications service provider change; and d. that the customer understands that any telecommunications service provider the customer chooses may involve a charge to the customer for changing the telecommunications service provider. 125. All telecommunications service providers shall within 10 days mail to the customer a confirmation letter which includes: 1. the name and address of the soliciting telecommunications company; 2. the name, address and telephone number of the customer of record; 3. a description of any terms, conditions or charges that will be incurred; and 4. a toll-free telephone number of the soliciting telecommunications company for consumer complaints. The above Rule does not apply to inbound calls initiated by the customer. 130. Any telecommunications service provider shall cooperate with the customer to return the customer to the telecommunications service provider from which the customer was changed, or the telecommunications service provider of the customer's choice, within three business days of the customer's request. The LEC or CLEC obligations are covered separately in Section 140. 135. Any telecommunications service provider in violation of this rule shall: 1. pay or credit, if not previously credited, all usual and customary charges associated with returning the customer to the original telecommunications service provider as soon as feasible; 2. provide upon request of the customer's previous carrier, all billing records to the original telecommunications service provider that are related to the unauthorized provision of service to the customer within 45 business days of the customer's request to return the customer to the original telecommunications service provider; 3. pay the original telecommunications service provider any amount paid to it by the customer that would have been paid to the original telecommunications service provider if the unauthorized change had not occurred, within 30 business days of the customer's request to return the customer to the original telecommunications service provider; if the unauthorized carrier has already made payment to the customer's original carrier pursuant to any federal laws/regulations, the payment under this rule shall be reduced by the amount already paid pursuant to such federal laws/regulations; 4. return to the customer any amount paid by the customer in excess of the charges that would have been imposed for identical services by the original telecommunications service provider if the unauthorized change had not occurred, within 30 business days of the customer's request to return the customer to the original telecommunications service provider; and 5. maintain a record related to customers that experienced an unauthorized change in telecommunications service providers that contains: a. the name of the telecommunications service provider that initiated the unauthorized change; b. the telephone number(s) that were affected by the unauthorized change; c. the date the customer requested that the telecommunications service provider that initiated the unauthorized change return the customer to the original carrier; and d. the date the customer was returned to the original telecommunications service provider. 140. The customer's LEC or CLEC shall change the customer back to their previous carrier or another carrier of the customer's choice within 24 hours of being notified of the unauthorized switch, if feasible. The customer's LEC or CLEC shall not disconnect for non-payment of disputed charges related to a slamming incident. 145. The original telecommunications service provider from which the customer was changed may: 1. provide the telecommunications service provider that initiated the unauthorized change with the amount that would have been imposed for identical services by the original telecommunications service provider if the unauthorized change had not occurred, within 10 business days of the receipt of the billing records required under Section 125(2) ; and shall 2. provide to the customer all benefits associated with the service(s), e.g., frequent flyer miles, that would have been rewarded had the unauthorized change not occurred, on receipt of payment for service(s) provided during the unauthorized change. 150. All telecommunications service providers shall cooperate completely and fully with any request of the Commission regarding investigation of unauthorized changes in a customer's telecommunications service provider. All telecommunications service providers shall provide to the Commission a contact person and phone number to assist the Commission in resolving consumer slamming complaints. 155. All letters of agency, audio recordings of both the original solicitation and verification, or other evidence of change orders shall be maintained by the soliciting telecommunications company for one year. Failure to maintain such records shall constitute prima facie evidence that consent from the customer was not obtained. 160.) All telecommunications service providers must provide to the Commission a copy of the letter of agency, recording other evidence of change order, and if applicable. scripts used for customer solicitation and/or verification, upon request by the Commission within ten (10) days. 165. Companies shall not engage in abusive telemarketing practices. These practices shall include but not be limited to: 1. Threats, intimidation or the use of profanity; 2. Repeatedly causing a prospect's telephone to ring, repeatedly engaging a prospect in annoying continuous conversation with intent to harass or abuse the prospect; 3. Engaging in calls to a prospect other than between the hours of 9:00 AM. to 9:00 P.M. unless the prospect has given prior consent to such a call; and 4. Falsely purporting to be associated with a local exchange company or another long distance interstate or intrastate carrier. Being a reseller of a company's services does not constitute being associated with or an agent of such company. 170. Any bill for telecommunications service must contain the following information: 1. The certificated name or d/b/a name of the telecommunications service provider and the four (4) digit MPSC Utility ID Number; and 2. a toll-free number directly to the telecommunications service provider. Each telecommunications service provider shall provide a live operator or shall record end user complaints made to its customer service number 24 hours a day, 7 days a week. A combination of live operators and recorders may be used. All calls must be answered within a reasonable time frame. If a recorder is used, the telecommunications service provider shall attempt to contact each slamming complainant no later than the next business day following the date of the recording and each subsequent day until the customer is reached. Alternatively, if the telecommunications service provider is unable to contact the complainant after two telephone calls, then the telecommunications service provider may respond to the complainant in writing mailed to the complainant by U.S. mail, postage prepaid. If both local and toll charges are on the same bill, the bill should include a name and toll-free number for providers of both servers, if different. 175. Notwithstanding any other provisions of this order, all Mississippi facility based interexchange carriers and facility based Resellers are hereby exempt from the original audio recording provisions of paragraphs 47.1 .115(3) and 47.1 .155. Other Resellers may request a waiver from such provisions, which may be granted by the Commission upon good cause shown. 180. Penalties: Any willful or intentional violation of this article may subject the telecommunications service provider to a penalty not to exceed $5,000.00 for each day during which such violation continues. Violations may also constitute grounds for forfeiture after a public hearing, of a telecommunications service provider's Certificate of Public Convenience and Necessity to provide service in Mississippi. Notwithstanding anything to the contrary contained elsewhere in this article, any other activity or conduct engaged in during the course of changing a customer's carrier which is intended to mislead, deceive, confuse, or perpetrate a fraud or unfair or deceptive act or practice shall constitute cause, with the discretion of the Commission, to invoke the penalties or revocation, or both, provided for in this article. * * Rule 47.1 was promulgated by Order of the Commission in Docket 1998-AD-90, effective December 21, 1998. SUBPART 4: SPECIAL RULES - GAS CHAPTER 48: PLANT METERS, RECORDS AND PURCHASED GAS PROVISION RULE 48. 100. STATION METERS Each gas utility shall install, where practicable, such station meters as may be necessary to obtain a daily and monthly record of the amounts of gas made or purchased and gas sent out with readings being taken at sufficiently frequent intervals to show the characteristics of the load. Distribution companies shall not be required to install such station meters and instruments where such information is available from the supplier's metering equipment. 105. RECORDS Records shall be kept, insofar as practicable, of the pressure supplied to low or utilization pressure distributing system from plants or district regulators and may be in the form of pressure gauge charts. These records shall be available for inspection by the Commission. 110. PURCHASED GAS ADJUSTMENT PROVISION 1. The specified costs which a public utility distributing gas shall be allowed to recover in its purchased gas adjustment clause (PGA) for retail billings include: a. Any increase or decrease in the cost of gas per unit sold (including but not limited to applicable transportation charges and BTU adjustments) over or under the cost of gas recovered per unit sold under the rate schedules to which such PGA shall apply. b. Adjustments for municipal franchise tax (gross receipts tax) and other tax adjustments resulting from or arising in connection with any increase or decrease in the utility's cost of gas. c. Such other costs as may be approved by the Commission after notice and hearing. 2. Purchased gas adjustment clauses heretofore approved by the Commission may be continued in full force and effect subject to the provisions of the Public Utilities Act, Section 77-3-1, et. seq. Miss. Code, as amended.* *RULE 48, as amended by Order of the Commission in Docket U-4408, effective February 2, 1984. CHAPTER 49: DEFINITION RULE 49. 100. CUBIC FOOT 1. Laboratory Testing. For the testing required by these rules, one cubic foot of gas shall be taken to the amount of gas which occupies a volume of one cubic foot when saturated with water vapor and at 60 degrees Fahrenheit and under pressure of thirty inches of mercury. 2. Metering. For the purposes of measurement of gas to a customer, a cubic foot of gas shall be taken to be the amount of gas which occupies a volume of one cubic foot under the conditions existing in such customer's meter, as and where installed, except for installations requiring correction for pressure and temperature due to pressure requirements of the customer's equipment, CHAPTER 50: METER TESTING RULE 50. 100. FACILITIES Each utility shall, unless specifically excused by the Commission, provide such laboratory, meter testing equipment and other equipment and facilities as may be necessary to make tests required o it by these rules or other orders of the Commission. The apparatus and equipment so provided shall be subject to the approval of the Commission, and it shall be available at all times during business hours for inspection or use on the premises of the utility by any authorized representative of the Commission. 105. TESTS REQUIRED Each utility shall make such tests as are prescribed under these rules with such frequency and in such manner and at such places as are herein provided, as may be approved or ordered by the Commission. Unless otherwise directed by the Commission, the methods and apparatus recommended by the National Bureau of Standards shall be used. 110. METER PROVER a. Each utility furnishing metered gas service shall own an approved type of meter prover, preferably of not less than five (5) cubic feet capacity, equipped with suitable thermometers and other necessary accessories, and it shall maintain such equipment in proper adjustment so that it shall be capable of determining the accuracy of any service meter to within one-half of one per cent. Each meter prover shall be so placed that it will not be subject to drafts or excessive temperature variations. b. The accuracy of all provers and methods of operating them shall be established by the utility subject to approval and changes from time to time by a representative of the Commission, All alterations, accidents or repairs which might affect the accuracy of any meter prover or the method of operating it shall be promptly reported in writing to the Commission. CHAPTER 51: METERS RULE 51. 100. LOCATIONS Customers shall provide a safe and adequate location for meters and regulators and no customer's meter shall be installed in any location where it may be exposed to traffic, where it would be difficult to maintain or read or where it would be exposed to any conditions that might cause its undue deterioration or affect its accuracy in normal service. 105. ACCURACY Every gas service meter whether new, repaired or removed from service for the purpose of repairing or testing, shall be in good order and shall be correct to within 2% before being installed for the use of any customer. A utility may rely upon the meter proof furnished by a meter company on each meter purchased or repaired, provided that a test check shall be made of at least 10% of each order to determine that said order is in accordance with the proof specified. Also, provided that a utility which has less than 500 customers in any single operation and which has no facilities for opening meter cases and adjusting the mechanism, it may put a meter back into service if it is not found to be in error by more than two per cent fast and appears otherwise to be in good order. 110. TESTING All tests to determine the accuracy of registration of any gas service meter shall be made with a suitable meter prover. 115. SPECIAL Any orifice meter, the readings or records of which are based on the differential pressure in such meter or upon the measurement of any portion of the total gas delivered to a consumer, shall be tested for accuracy before installation in a manner satisfactory to the Commission. 120. AVERAGE ERROR In tests made by the Commission or utility in response to customer complaints, the average error of a meter shall be defined as one-third of the algebraic sum of error at full load plus twice the error at light load or such other definitions as may be approved by the Commission. 125. PREPAYMENT METERS No utility shall use prepayment meters geared or set so as to cause a rate or amount higher than would be paid if a standard type meter were used except under such special rate schedule as may be approved by the Commission for this class of service. 130. PERIODIC TESTING 1. No gas service meter hereafter installed shall be allowed to remain in service more than twenty (20) years from the time when last tested. * The Commission may relieve the utility from the requirements under this rule in any particular case in which it is shown that the failure to make the periodic test was due to causes beyond the control of the utility. 135. METER TEST BY THE COMMISSION 1. Upon written application to the Commission by a customer after reasonable notice to utility, a test will be made of the customer's meter as soon as practicable by a representative of the Commission. The application for such test shall be accompanied by a remittance of the amount fixed below as the fee for such test. This fee shall be retained by the Commission. However, if the meter is found to be more than three per cent fast, the utility shall repay to the customer the amount of the fee paid by the customer to the Commission for such meter test. No charges will be made by the Commission for test on a meter where such tests do not require extra traveling or other expense or where it is practical to make the test incident to other Commission work. 2. The amount of the fee to be paid for a meter test made by the Commission shall be as follows: For each gas meter not exceeding 1 1/4 inches or smaller............................................... $1.50 exceeding 1 1/4 inches...................................................................... $2.50 An exception to the above fees will be that for large industrial type meters. The fee shall be based upon the expense to the Commission for making such test. 3. This rule shall not interfere with the practice of a utility with reference to its tests of gas service meters, except that in the event of any application by a customer to the Commission for a test as herein provided, the utility shall not knowingly remove, interfere with, or adjust the meter to be tested without the written consent of the customer, approved by the Commission. 140. REPLACEMENT OF METERS Whenever a customer requests the replacement of the service meter on his premises, such request shall be treated as a request for the test of such meter and shall fall under the provisions of Rule 11.120. 145. CHANGE OF LOCATION OF SERVICE Whenever a customer moves from the location where gas is used by him and thereby requires the disconnecting and connecting at a new location of the gas supply and the same work has been done for him within one year preceding, the utility may make a charge as set out in its rate schedules, tariffs or rules and regulations on file as approved by the Commission. *Rule 51.G.(1) as amended by Order of the Commission in Docket 1993-UA-318, effective September 10, 1993. Rule 51.G.(1) is now known as Rule 51.130(1). (renumbering 2011). CHAPTER 52: PRESSURE 100. NORMAL Each gas utility shall establish a normal pressure at which gas will be supplied to its connection with the customer's facilities. 105. VARIATION Gas pressure supplied at the point of delivery shall not drop below one-half of normal pressure or exceed twice the normal pressure as established in Section 100 above. 110. VIOLATIONS 1. No utility shall be deemed to have violated the preceding paragraph of this rule if it can be shown to the satisfaction of the Commission that the variations occurring in gas pressure were due to unforeseen demand or to temporary conditions beyond the control of the utility. 2. No utility shall be deemed to have violated any stipulation of this rule with respect to individual cases if it can be shown to the satisfaction of the Commission that, in any such individual case, the service line or any pipe lines on customer's property are of such size or condition as to render the maintenance of the pressure and pressure variation impracticable. 115. TESTING EQUIPMENT Each utility shall maintain on its distribution system in each city in which it supplies gas, at least one recording gas-pressure gauge for each 50 miles of mains or fraction thereof. No utility shall maintain less than two recording gauges, of which one should be portable. 120. RECORDS Each utility shall regularly make records with such recording gauges of the pressures in various parts of its distribution system. The charts of records thus obtained shall bear the date and place where the pressure was taken and shall be available for inspection. CHAPTER 53: CALORIMETER EQUIPMENT RULE 53. 100. REQUIREMENT Each utility whose gas output exceeds 10,000 cubic feet per year shall provide and maintain a calorimeter of a type approved by the Commission and all necessary accessories therefor, except when the utility purchases its entire requirements for natural gas and has access to sufficient records of tests made by its supplier or has sufficient tests by an accredited laboratory as provided for in Rule 54.105. 105. ACCURACY The accuracy of all calorimeters as well as the method of making heating value tests, shall be subject to the approval of the Commission or its representatives. 110. STANDARD FORM RECORDS Each utility making heating value determination shall adopt, subject to the approval of the Commission, a standard form for recording the results of each such test. Each determination of the heating value shall be recorded originally upon the form adopted for that purpose and such forms shall be retained as a record of the utility. CHAPTER 54: HEATING VALUE RULE 54. 100. AVERAGE Each utility shall file with the Commission the minimum heating value of gas as a part of its Schedule of Rates or Rules and Regulations. 105. TESTS The utility supplying natural gas shall make or shall have made at an accredited laboratory sufficient tests. It shall have access to such tests made by its suppliers so as to determine the heating value. 110. LOCATION OF TESTS These tests shall be made at a location or locations which will insure a representative sampling of the gas being sent out to the distribution system. CHAPTER 55: ODORIZATION RULE 55. 100. REQUIREMENTS All natural gas supplied by gas companies within the state shall be continuously odorized under the following conditions: 1. All gas served from any city or town distribution system 2. In all private residences, apartment houses, hotels, schools, churches or other public buildings served in any other way than through city or town distribution systems It is not intended by these rules to require the odorization of gas used in natural gasoline extraction plants, carbon black plants, natural gas gathering lines or gas used in lease and field operations or in repressuring wells. Industrial customers served in any other way than through city or town distribution systems or where gas consumed by residential and commercial customers can be odorized without the necessity of odorizing gas to industrial consumers, the utility shall not be required to odorize the gas sold to industrial customers. 105. PROPERTIES 1. The malodorant agent to be introduced into natural gas shall indicate by distinctive odor the presence of gas when such gas is present in concentrations not greater than one per cent by volume. By this, it is meant that the gas shall be given an odor in concentrations of not more than one part gas to ninety-nine parts air by adding an agent that will vaporize, dissolve in or be so mixed with the gas as to produce an odor readily perceptible to normal overage olfactory senses of a person coming from fresh, ungasified air into an area where gas is present. 2. The malodorant agent in any concentration likely to be encountered shall be harmless and neither toxic nor nauseating. It shall be non-corrosive to steel, iron, brass, bronze, or leather and it shall be insoluble in water. 3. The products of combustion from the malodorant shall be such that they are neither toxic nor nauseating to a person breathing air containing them, and they shall also be such as not to corrode or be harmful to the normal materials with which they would come in contact in places where gas is burned. CHAPTER 56: PURITY OF GAS RULE 56. 100. All gas supplied to customers shall contain no more than a trace of hydrogen sulfide, 30 grains of total sulphur per 100 cubic feet or 5 grains of ammonia per 100 cubic feet. No gas shall contain impurities which may cause excessive corrosion of mains or piping or form corrosive or harmful fumes when burned in a properly designed and adjusted burner. CHAPTER 57: SYSTEM MAINTENANCE BY UTILITY RULE 57. 100. Each gas utility, unless specifically relieved in any case by the Commission from such obligation, shall operate and maintain in safe, efficient, and proper condition all of the facilities and instrumentalities used in connection with the regulation, measurement, and delivery of gas to any customer, up to and including point of delivery into the piping of the customer. CHAPTER 57.1: REPORTING OF CONSTRUCTION WORK