[cisco-voip] VERIZON PROPOSES TARIFF REVISION THAT SIGNIFICANTLY REDUCES CUSTOMERS RIGHT TO REFUNDS ON OVER BILLING

[William Paris]

Forwarding from telecom talk list. If you utilize Verizon wireline services in New York State this will pertain to you..

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Dear Fellow Telecommunication Professionals:

This email should be closely read by every firm paying for core VERIZON services in NY.  On 1/31/11, VZN submitted an application to the NY State Public Service Commission to revise the existing tariff which significantly reduces VZN's obligation to reimburse customers for over-billing errors.

In response to this proposal, the PSC established a website for NY State interested parties to state their opinion on this potential change. They are looking for feedback before approving the new tariff.

Verizon's proposed charges are far reaching and one sided. Please send a brief email to one of the two following addresses (preferably both) requesting that this tariff does not pass without equal rights be given to both parties with respect to over billing and that a hearing be held so that the consumers may present some additional information to be considered before making a permanent ruling. All comments must be received before March 21, 2011.  You may either send an email or post directly to the PSC website. Please review:

    http://documents.dps.state.ny.us/public/MatterManagement/CaseMaster.aspx?MatterSeq=36241 

         Or send email to

  Commission Secretary - Secretary at dps.state.ny.us<mailto:Secretary at dps.state.ny.us>


Current Tariff
In response to excessive billing errors made by NY Telephone, the PSC mandated specific rules regarding billing practices.  It stipulates that if billed services are not found at the premises or found to be inoperable (not resulting from a customer error), VZN must refund credit up to three years unless some other order activity exists. This credit is warranted even if the customer cannot locate the previous disconnection request. If a disconnection request is found by either the customer or VZN, credit would be given up to six years (the NY State billing statute of limitations). It also states that any over billing resulting from VZN incorrectly applying the tariff rates should be refunded up to the date the error occurred up a maximum of six years.  Equally, VZN may charge its customers for any under billing up to six years.

The existing tariff does not give credit to customers simply because they forget to issue a disconnection request.  VZN is obligated to refund only when the billed service is found to be not working resulting from some error by VZN. Examples of Verizon error include lines with a "disconnection" or "not in service" message when called, or lines not installed at the customer demarcation point, etc...

VZN's Proposed Revision:
 "When a claim is made to Verizon for over billing on account of termination or disconnection of service, no credit shall be provided by Verizon unless the client provides evidence of documentation to Verizon that it previously provided written notice of termination of service or that "the client complied with established company procedures for disconnection of service".

Verizon's proposed revision would take away all of the customer's reimbursement rights unless they are able to furnish disconnection letters. This proposed change eliminates all of VZN's financial responsibility when services are disconnected and not removed from billing. How is a customer responsible for lines with disconnection recordings or for services not terminated in their location? How can a customer be responsible for "feature charges" not affiliated with any service?

Verizon new proposal also requires its clients to comply with "established company procedures" for disconnection of services in order to qualify for refund. What are Verizon's established company procedures? Are these procedures one sided and are they onerous for its clients? How often can they be changed?

The proposed revision deletes all reference to VZN's obligation to reimburse customers for tariff (rate) over billing issues but it did not eliminate VZN's back billing clause. In other words, VERIZON CLIENTS WILL NO LONGER BE ENTITLED TO COMPENSATION FOR OVER-BILLING ERRORS ON TARIFF CLAIMS; HOWEVER, VERIZON WILL BE ABLE TO CONTINUE TO BACK BILL ITS CLIENTS FOR UNDER-BILLING ERRORS UP TO SIX YEARS.

The revised Tariff if approved would result in a financial windfall for VZN for over billing errors originating from VZN's own negligence.

If you have any questions, please feel free to contact me. I can provide you with the existing tariff pages (PSC 1, Section 1, page 85) and proposed changes. Copies are also available on the PSC website for the proposed changes. Go to:

          http://www.dps.state.ny.us<http://www.dps.state.ny.us/>    Case #11-C-0048 filed by Verizon New York Inc on 1/31/11



Best Regards,

Mary Ann Shaheen
SHAHEEN & ASSOCIATES, INC.
914-273-9000
m.shaheen at shaheeninc.com