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Can I ignore my obligations as a service provider with access to personal information in Tennessee? What are the requirements?

Based on the context documents, you cannot ignore your obligations as a service provider with access to personal information in Tennessee. The Tennessee Regulatory Authority has established rules and requirements for authorized public pay telephone service [1.2] and local telecommunications resellers [1.1]. These rules aim to protect customers from termination of their service without adequate notice.

Obligations of Resellers and Underlying Carriers of Local Service Upon the Termination of Service

According to TNRR Section 1220-04-02-.40 [1.1], if you are a local telecommunications reseller that ceases the provision of any telecommunications service in all or any portion of the State of Tennessee, you must fulfill the following obligations:

  • Provide no less than thirty (30) days written notice to the underlying carrier that service will be terminated on a date certain along with the reason(s) for such action.
  • Notify your customers within ten (10) days of receipt of the underlying carrier’s written disconnection notice to the reseller, advising them that their service will be terminated on a day certain. Such notice shall be no less than fourteen (14) days prior to the date of disconnection.
  • Provide customers any and all relevant information, if available, that may assist the customers in selecting another local telecommunications service provider.
  • Refund to your customers any credits due as a result of the termination of service within thirty (30) days of the termination of the service.

If you fail to fulfill your obligations, the Commission will notify your customers seven (7) days prior to termination of your local service and recover costs associated with such a notice from you.

Public Pay Telephone Service Violations

TNRR Section 1220-04-02-.49 [1.2] establishes the rules and requirements for authorized public pay telephone service. If you are a public pay telephone service provider, you must fulfill the following obligations:

  • Display prominently on the face of the pay telephone instrument any of the following: a statement identifying the charge and operating instructions for its use, a statement indicating the name of the owner of the instrument and identifying the long distance carrier serving the instrument, a telephone number, which can be reached without charge or without having to deposit money where users can report malfunctions and obtain refunds, and the Tennessee Public Utility Commission authorization number.
  • Provide instruments capable of accepting nickels, dimes, and quarters (waived for coinless pay phones).
  • Repair the instrument within seventy-two (72) hours of notification by the Commission, unless such repairs are the responsibility of the LEC providing access and failure to provide refunds in a timely manner.

Applicability to Regulated Utilities

TNCO 47-18-1903 [3.1] states that this part shall not apply to any device or service sold, leased, or offered for sale or lease by any telephone cooperative or by any public utility that is subject to the jurisdiction of, or to regulation by, the Tennessee public utility commission.

Reasons for Denying Service

TNRR Section 1220-04-02-.12 [1.4] states that service may be refused or discontinued for any of the reasons listed below:

  • In the event of customer use of equipment in such a manner as to adversely affect the utility’s equipment or the utility’s service to others.
  • In the event of tampering with the equipment furnished and owned by the utility.
  • For violation of or noncompliance with the Commission’s Regulations Governing Service Supplied by Telephone Utilities, or for violation of or non-compliance with the utility’s rules on file with the Commission.
  • For failure to comply with municipal ordinance or other laws.
  • For failure of the customer to permit the utility reasonable access to its equipment.
  • For nonpayment of bill.

If you fail to fulfill your obligations, you may be subject to penalties and revocation of authorization [1.5].

It is important to note that TNCO 65-4-405 [2.1] establishes a database of persons objecting to solicitation and requires local exchange companies to semi-annually inform its residential subscribers of the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephone solicitations. It is an offense for any person to utilize any ADAD equipment to intentionally conceal or misrepresent the telephone number utilized by the ADAD equipment on the call recipient’s telephone or other equipment that is technically capable of displaying the number [4.1]. Any public pay telephone service which is not authorized for service by the Tennessee Public Utility Commission shall be disconnected from the network by the local exchange company until the requisite authorization is obtained from the Commission [1.3].

Therefore, you cannot ignore your obligations as a service provider with access to personal information in Tennessee.

Source(s):
Jurisdiction

Tennessee