FCC 64.804 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 64.804 Rules governing the extension of unsecured credit to candidates or
persons on behalf of such candidates for Federal office for interstate and
foreign common carrier communication services.
(a) There is no obligation upon a carrier to extend unsecured credit for
interstate and foreign communication services to a candidate or person on
behalf of such candidate for Federal office. However, if the carrier chooses
to extend such unsecured credit, it shall comply with the requirements set
forth in paragraphs (b) through (g) of this section.
(b) If a carrier decides to extend unsecured credit to any candidate for
Federal office or any person on behalf of such candidate, then unsecured
credit shall be extended on substantially equal terms and conditions to all
candidates and all persons on behalf of all candidates for the same office,
with due regard for differences in the estimated quantity of service to be
furnished each such candidate or person.
(c) Before extending unsecured credit, a carrier shall obtain a signed
written application for service which shall identify the applicant and the
candidate and state whether or not the candidate assumes responsibility for
the charges, and which shall also expressly state as follows:
(1) That service is being requested by the applicant or applicants and that
the person or persons making the application will be individually, jointly
and severally liable for the payment of all charges; and
(2) That the applicant(s) understands that the carrier will (under the
provisions of paragraph (d) of this section) discontinue service upon
written notice if any amount due is not paid upon demand.
(d) If charges for services rendered are not paid to the carrier within 15
days from rendition of a bill therefor, the carrier shall forthwith at the
end of the 15-day period serve written notice on the applicant of intent to
discontinue service within 7 days of date of such notice for nonpayment and
shall discontinue service at the end of the 7-day period unless all such
sums due are paid in full within such 7-day period.
(e) Each carrier shall take appropriate action at law to collect any unpaid
balance on an account for interstate and foreign communication services
rendered to a candidate or person on behalf of such candidate prior to the
expiration of the statute of limitations under section 415(a) of the
Communications Act of 1934, as amended.
(f) The records of each account, involving the extension by a carrier of
unsecured credit to a candidate or person on behalf of such candidate for
common carrier communications services shall be maintained by the carrier so
as to show separately, for interstate and foreign communication services all
charges, credits, adjustments, and security, if any, and balance receivable.
(g) On or before January 31, 1973, and on corresponding dates of each year
thereafter, each carrier which had operating revenues in the preceding year
in excess of $1 million shall file with the Commission a report by account
of any amount due and unpaid, as of the end of the month prior to the
reporting date, for interstate and foreign communications services to a
candidate or person on behalf of such candidate when such amount results
from the extension of unsecured credit. Each report shall include the
following information:
(1) Name of candidate.
(2) Name and address of person or persons applying for service.
(3) Balance due carrier.
(4) Reason for nonpayment.
(5) Payment arrangements, if any.
(6) Date service discontinued.
(7) Date, nature and status of any action taken at law in compliance with
paragraph (e) of this section.
[ 37 FR 9393 , May 10, 1972, as amended at 62 FR 5166 , Feb. 4, 1997]
Subpart I—Allocation of Costs
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