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This entry was published on 2023-02-17
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SECTION 104-A
Notice to customers on fiber optic-based telephone lines
Public Service (PBS) CHAPTER 48, ARTICLE 5
§ 104-a. Notice to customers on fiber optic-based telephone lines. 1.
The commission shall require each telephone corporation that provides
local exchange service to provide a notice containing information to
customers on the differences between copper-based telephone lines and
fiber optic-based telephone lines prior to when such telephone
corporation initiates a change in such customer's telephone service from
copper-based telephone lines to fiber optic-based telephone lines.
Except (i) in cases of an emergency, including but not limited to
restoration or repair of service, or (ii) upon the request of the
customer, such notice shall be provided to the customer at least
forty-five days before such telephone corporation initiates a change in
such customer's telephone service from copper-based telephone lines to
fiber optic-based telephone lines. Such notice shall include, but not be
limited to the following: a description of the differences between
copper-based telephone lines and fiber optic-based telephone lines; the
differences between the effect a power outage would have on the
telephone service provided by copper-based and fiber optic-based
telephone lines, including the availability of battery back-up options;
an explanation of whether the service will continue to be regulated by
the commission; and a phone number and contact information for customers
who seek additional information or wish to make a complaint to the
commission.

2. The commission shall have the power to prescribe the form and
content of the notice established pursuant to this section. The
commission may from time to time prescribe, by order, changes in the
notice thereof. The commission shall also have power to establish rules
and regulations for such notice and may from time to time modify the
same.

3. Every telephone corporation shall file with the commission the
notice established pursuant to this section and obtain approval as to
the form and content thereof prior to providing such notice to
customers. Notwithstanding the foregoing, any such notice shall be
deemed to be approved by the commission ninety days after such
corporation applies to the commission for approval, unless the
commission, or its designee, rejects the notice and requires specific
changes within such ninety day period. Upon a material change to the
form and content of an approved notice, a telephone corporation shall
again file with the commission such notice and obtain approval pursuant
to this section. The commission may establish what shall constitute a
material change to the form and content of the notice that would
necessitate commission approval.