(1) As applicable, the company may refuse or discontinue telephone service under the following conditions provided that, unless otherwise stated, the customer shall be given notice and allowed a reasonable time to comply with any rule or remedy any deficiency:
(a) For non-compliance with or violation of any state or municipal law, ordinance, or regulation pertaining to telephone service.
(b) For the use of telephone service for any other property or purpose than that described in the application.
(c) For failure or refusal to provide the company with a deposit to insure payment of bills in accordance with the company’s regulations.
(d) For neglect or refusal to provide reasonable access to the company for the purpose of inspection and maintenance of equipment owned by the company.
(e) For noncompliance with or violation of the Commission’s regulations or the company’s rules and regulations on file with the Commission, provided 5 working days’ written notice is given before termination.
(f) For nonpayment of bills for telephone service, including the telecommunications access system surcharge referred to in subsection 25-4.160(3), F.A.C., provided that suspension or termination of service shall not be made without 5 working days’ written notice to the customer, except in extreme cases. The written notice shall be separate and apart from the regular monthly bill for service. A company shall not, however, refuse or discontinue service for nonpayment of a dishonored check service charge imposed by the company, nor discontinue a customer’s Lifeline local service if the charges, taxes, and fees applicable to dial tone, local usage, dual tone multifrequency dialing, emergency services such as “911,” and relay service are paid. No company shall discontinue service to any customer for the initial nonpayment of the current bill on a day the company’s business office is closed or on a day preceding a day the business office is closed.
(g) For purposes of paragraphs (e) and (f), “working day” means any day on which the company’s business office is open and the U.S. Mail is delivered.
(h) Without notice in the event of customer use of equipment in such manner as to adversely affect the company’s equipment or the company’s service to others.
(i) Without notice in the event of hazardous conditions or tampering with the equipment furnished and owned by the company.
(j) Without notice in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the company may, before restoring service, require the customer to make, at his own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the loss in revenues resulting from such fraudulent use.
(2) In case of refusal to establish service, or whenever service is discontinued, the company shall notify the applicant or customer in writing of the reason for such refusal or discontinuance.
(3) Service shall be initiated or restored when the cause for refusal or discontinuance has been satisfactorily adjusted.
(4) The following shall not constitute sufficient cause for refusal or discontinuance of service to an applicant or customer:
(a) Delinquency in payment for service by a previous occupant of the premises, unless the current applicant or customer occupied the premises at the time the delinquency occurred and the previous customer continues to occupy the premises and such previous customer shall benefit from such new service.
(b) Delinquency in payment for service by a present occupant who was delinquent at another address and subsequently joined the household of the customer in good standing.
(c) Delinquency in payment for separate telephone service of another customer in the same residence.
(d) Failure to pay for business service at a different location and a different telephone number shall not constitute sufficient cause for refusal of residence service or vice versa.
(e) Failure to pay for a service rendered by the company which is not regulated by the Commission.
(f) Failure to pay the bill of another customer as guarantor thereof.
(g) Failure to pay a dishonored check service charge imposed by the company.
(5) When service has been discontinued for proper cause, the company may charge a reasonable fee to defray the cost of restoring service, provided such charge is set out in its approved tariff on file with the Commission.
Rulemaking Authority 350.127, 427.704(8) FS. Law Implemented 364.03, 364.19, 364.604, 427.704 FS. History-Revised 12-1-68, Amended 3-31-76, 10-25-84, 10-30-86, 1-1-91, 9-16-92, 1-7-93, 1-25-95, 7-5-00.