Signaling its desire to protect consumers, the New York State Public Service Commission (Commission) today denied Time Warner Cable Information Services, LLC’s request for a waiver of the Commission’s rules regarding the hours and days it can disconnect telephone customers who have fallen behind on their telephone bills to nights and weekends. The Commission said existing rules of only disconnecting customers for non-payment between the hours of 8:00 AM – 7:30 PM Monday through Thursday and 9:00 AM to 3:00 PM on Friday should remain firmly in place.

“We are saying ‘no’ to Time Warner’s request to waive our rules regarding when it would be authorized for suspensions and terminations of its telephone customers,” said Commission Chair Audrey Zibelman. “The Commission’s rules applicable to Time Warner are consistent with the hours of operation of the Commission’s consumer call center which receives consumer complaints’ and requests for assistance. To ensure telephone consumers’ rights are protected, especially core customers such as the elderly and disabled, it is essential customers are afforded the opportunity to contact our call center if their telephone service is threatened with a potential suspension or termination.”

While the Commission denied Time Warner’s request to make it more convenient to disconnect certain telephone customers, the Commission did approve other requests that Time Warner had made in terms of the telephone service that it provides to 1.2 million customers, which is regulated apart from the company’s cable television and internet business.

The Commission authorized Time Warner, in the absence of instructions from the customer and a pending billing dispute, to apply the full amount of a partial payment to the basic local telephone service charges, and upon satisfaction of basic local service charges, to apply any residual, or subsequent payment received during the same billing period, to non-basic services.

The Commission also granted Time Warner’s request for a waiver relating to distribution of printed residential white page telephone directories, upon the condition that the company distributes those directories to customers who opt-in to receipt of directories in print and/or CD-ROM format.  Like other large telephone companies, Time Warner will no longer be required to automatically distribute residential white pages to all residential customers. Instead, they will be required to provide directories to customers who ask for them in print or CD-Rom format.

Many options for easy access to listings of telephone numbers are available to customers of telephone corporations. These include electronic contact lists available on many telecommunications devices and directories published by independent organizations and distributed free of charge to residences. Telephone directories have become less valuable; and, a significant amount of natural resources is required to produce and distribute the printed versions to serve a limited need.

Finally, the Commission conditionally granted Time Warner’s request for a waiver of its monthly service quality reporting requirements because, in Time Warner’s case, the need for regulatory action to ensure timely repairs for voice service has diminished due to the prevalence of competitive alternatives and the ability of residential and business customers to move to a different service provider.

However, before Time Warner is allowed to limit its monthly service quality reports to only reports on customer trouble report rates and timeliness of repair performance, and provide these reports only for core customers, the Commission will require the company to file complete service quality reports, without this limitation for a six-month period. Complete service quality reports will provide a known baseline of the level of service provided by the company. If the data meets Commission staff approval, the company’s request for a waiver of certain service quality reporting requirements may take effect.

The Commission’s decision today, when issued, may be obtained by going to the Commission Documents section of the Commission’s Web site at www.dps.ny.gov and entering Case Number 13-C-0193 in the input box labeled "Search for Case/Matter Number". Many libraries offer free Internet access. Commission orders may also be obtained from the Commission’s Files Office, 14th floor, Three Empire State Plaza, Albany, NY 12223 (518-474-2500).  If you have difficulty understanding English, please call us at 1-800-342-3377 for free language assistance services regarding this press release.