Thursday, July 25, 2013

Utility Law Project Asks Time Warner For Information Regarding Petition to Relax PSC Regulations on Snips and Allocation Priority of Part Payments

Time Warner Cable Information Services ("TSWCIS") has petitioned the PSC for relaxation of regulations governing its telephone service provided to residential customers through its Voice Over Internet Protocol ("VOIP") technology, which uses cable lines to deliver phone service, broad band service, and TV service. See Time Warner Asks PSC to Greenlight Friday Afternoon and Saturday Phone Shutoffs for Collection Purposes, and to Relax Other Consumer Protections, June 20, 2013.

TWCIS also seeks waiver of the obligation to provide directories, and to limit its service quality obligations to a narrowed definition of "core" customers.

The notice is as follows:

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure
Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: The Commission is considering a petition of Time
Warner Cable Information Systems (New York), LLC for waivers of
certain Commission regulations under 16 NYCRR.
Statutory authority: Public Service Law, sections 91(1), 94(2), 98
Subject: Partial payments, directory distribution, suspension or termination
of service, service quality reporting requirements.
Purpose: To waive certain sections of 16 NYCRR sections 602, 603, 606,
609.
Substance of proposed rule: The PSC is considering whether to approve,
in whole or in part, a petition by the Time Warner Cable Information
Systems (NY) LLC the waiver of certain sections of 16 NYCRR:
16 NYCRR 602.10(b): to waive the Commission’s rules requiring it to
distribute telephone directories.
19 NYCRR section 609(4)(d): to waive the Commission’s rules pertaining
to the company’s ability to suspend to terminate service to residential
customers for nonpayment of bills between certain weekday or Saturday
hours.
NYCRR Section 606.5: to modify billing categories and the application
of partial payments.
NYCRR Sections 603.3 and 603.4: for the revision of Service Quality
Improvement Plan reporting requirements.
Text of proposed rule and any required statements and analyses may be
obtained by filing a Document Request Form (F-96) located on our
website http://www.dps.ny.gov/f96dir.htm. For questions, contact:
Deborah Swatling, Public Service Commission, 3 Empire State Plaza,
Albany, New York 12223-1350, (518) 486-2659, email:
Deborah.Swatling@dps.ny.gov
Data, views or arguments may be submitted to: Jeffrey C. Cohen, Acting
Secretary, Public Service Commission, 3 Empire State Plaza, Albany,
New York 12223-1350, (518) 408-1978, email: secretary@dps.ny.gov

The SAPA Notice was issued June 19, and the standard 45 day comment period expires August 3, though that could be enlarged or late comments may be accepted after that date.

The Public Utility Law Project of New York has asked for more information in a discovery request to TWCIS.

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