Historically, regulatory oversight of monopoly telecommunications providers has ensured affordable prices, improved quality, and increased service offerings. Recent technological advances have made the potential for real and substantial local telephone competition a possibility. Competition, if successfully implemented, promises more benefits to consumers than would be expected in a monopoly environment. These benefits include, but are not limited to, lower prices, better quality, more choices, and further advancements in technology.
All consumers in the state of Indiana should benefit from local exchange competition and not just a select few. However, changing the way consumers have traditionally received and paid for telecommunications services poses significant risks as well. For any competitive framework to be in the public interest, consumers must be assured that they will be no worse off in the short run, and in fact, will be better off in the long run. This competitive framework must also be economically viable for efficient telecommunications service providers. For this reason, the following Consumer Bill of Rights should be adopted as an appropriate set of goals and objectives for evaluating the benefits and risks of local exchange competition in Indiana.
1. Universal Service: All consumers will have an equal and affordable opportunity to subscribe to basic local telephone service as a separate and distinct service, where basic local telephone service includes at a minimum, and currently at a maximum, unlimited voice-grade usage of the network(s) within the current local calling area, single party service, touch-tone, a directory listing with delivery of that directory, as well as access to emergency services, access to operator services, access to Telecommunications Relay Service, access to directory assistance, and access to the long distance networks. Low income consumers and consumers who reside in high cost areas may require support to ensure Universal Service. This support shall be competitively neutral and cost based.
2. Affordable Pricing of Basic Local Service: All consumers will have the opportunity to subscribe to basic local telephone service at an affordable flat monthly rate based on the cost of providing such service.
3. Disclosure: All consumers will be provided with information which clearly describes a service and the price and other terms on which it is offered prior to subscribing to the service. All consumers affected will be notified in sufficient time prior to a change in service or price to permit the consumer to terminate or select an alternative to the changed service.
4. Privacy: All consumers have a right to personal privacy with respect to the content of their telecommunications, will be able to reject intrusive communications and technology where technologically feasible, and will have complete control of and protection from any use of personal records and information unless the express confirmed consent of the consumer is given or unless the use is required by law. All telecommunications providers must provide to consumers a clear and concise written statement describing how customer specific information will be used, maintained, and disclosed.
5. Consumer Choice and Fair Competition: When the introduction of competition into the local exchange is deemed appropriate, i.e., when it is economically efficient and will result in lower local exchange prices and higher quality of service for consumers, all consumers will have a choice of vendors from which they can purchase telecommunications goods and services. Consumers in a competitive environment will receive protection from anti-competitive practices such as (but not limited to) slamming, unwarranted bundling of services, deceptive marketing practices, and cross subsidization.
6. Public Participation: All consumers will have the opportunity to be adequately represented in governmental decision-making on telecommunications policy at both the state and federal level.
7. Oversight and Enforcement: All consumers will have the protection afforded by effective regulation of monopoly and near-monopoly telecommunications services until and as real and significant competition develops for such services. Consumers will have ongoing protection from anti-competitive practices in the transitional and post-transition marketplace. All consumers will be entitled to aggressive monitoring and enforcement of consumer safeguards adopted by state and federal regulators.
8. Quality of Service: All consumers will have access to service which meets or exceeds quality of service standards promulgated by state and federal regulators. At a minimum, the quality of service for a new entrant shall be no less than the quality of service required by the Commission to be provided by the incumbent LEC. All consumers will be seamlessly and fully interconnected regardless of provider(s). No consumers will have to change their telephone numbers solely as a result of changing providers within their local exchange area.
9. Problem Resolution: All consumers will have prompt and easy access to appropriate and adequate means for resolving service, billing, privacy, and other problems they encounter with telecommunications services and providers. Clear information explaining how and where consumers can seek resolution of their problems must be provided by vendors of telecommunications goods and services.
10. Usability: All consumers will have access to information on all options available for telecommunications services at no additional charge and will be provided clear and easily understood instructions for the use of telecommunications services.
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