(1)
Definitions. As used in
this rule, unless the context otherwise requires:
"Change in service" means the designation of
a new provider of a telecommunications service to a customer, including the
initial selection of a service provider, and includes the addition or deletion
of a telecommunications service for which a separate charge is made to a
customer account.
"Consumer" means a person other than a
service provider who uses a telecommunications service.
"Cramming" means the addition or deletion of
a product or service for which a separate charge is made to a
telecommunications service customer's account without the verified consent of
the affected customer. "Cramming" does not include the addition of extended
area service to a customer account pursuant to commission rules, even if an
additional charge is made. "Cramming" does not include telecommunications
services that are initiated or requested by the customer, including dial-around
services such as "10-10-XXX," directory assistance, operator-assisted calls,
acceptance of collect calls, and other casual calling by the customer.
"Customer" means the person other than a
service provider whose name appears on the account and others authorized by
that named person to make changes to the account.
"Executing service provider" means, with
respect to any change in telecommunications service, a telecommunications
service provider who executes an order for a change in service received from
another telecommunications service provider or from its own customer.
"Jamming" means the addition of a preferred
telecommunications service provider freeze to a customer's account without the
verified consent of the customer.
"Letter of agency" means a written document
complying with the requirements of paragraph 22.9(2)"b."
"Preferred telecommunications service provider
freeze" means the limitation of a customer's preferred
telecommunications service provider choices so as to prevent any change in
preferred telecommunications service provider for one or more services unless
the customer gives the telecommunications service provider from which the
freeze was requested the customer's express consent.
"Service provider" means a
telecommunications service provider providing telecommunications service, not
including commercial mobile radio service.
"Slamming" means the designation of a new
telecommunications service provider to a customer, including the initial
selection of a telecommunications service provider, without the verified
consent of the customer. "Slamming" does not include the designation of a new
provider of a telecommunications service to a customer made pursuant to the
sale or transfer of another telecommunications service provider's customer
base, provided that the designation meets the requirements of paragraph
22.9(2)"e."
"Soft slam" means an unauthorized change in
service by a telecommunications service provider that uses the
telecommunications service provider identification code of another
telecommunications service provider, typically through the purchase of
wholesale services for resale.
"Submitting service provider" means a
telecommunications service provider who requests another telecommunications
service provider to execute a change in service.
"Telecommunications service" means a local
exchange or long distance telephone service other than commercial mobile radio
service.
"Verified consent" means verification of a
customer's authorization for a change in service.
(2)
Prohibition of unauthorized
changes in telecommunications service. Unauthorized changes in
telecommunications service, including but not limited to cramming and slamming,
are prohibited. Telecommunications service providers shall comply with Federal
Communications Commission requirements regarding verification of customer
authentication of a change in service and change in service provider as
provided for in 47 CFR
64.1120 and 47 CFR
64.2401.
a.
Verification required.
(1) No service provider shall submit a
preferred telecommunications service provider change order or other change in
service order to another service provider unless and until the change has first
been confirmed in accordance with one of the following procedures:
1. The service provider has obtained the
customer's written authorization in a form that meets the requirements of this
rule; or
2. The service provider
has obtained the customer's electronic authorization to submit the preferred
telecommunications service provider change order. Such authorization must be
placed from the telephone number(s) on which the preferred telecommunications
service provider is to be changed and must confirm the information required in
numbered paragraph 22.9(2)"a" (1) "1" above. Service providers
electing to confirm sales electronically shall establish one or more toll-free
telephone numbers exclusively for that purpose. Calls to the number(s) will
connect a customer to a voice response unit or to a similar mechanism that
records the required information regarding the preferred telecommunications
service provider change, including automatically recording the originating
automatic numbering identification; or
3. An appropriately qualified independent
third party has obtained the customer's oral authorization to submit the
preferred telecommunications service provider change order that confirms and
includes appropriate verification data. The independent third party must not be
owned, managed, controlled, or directed by the service provider or the service
provider's marketing agent; must not have any financial incentive to confirm
preferred telecommunications service provider change orders for the service
provider or the service provider's marketing agent; and must operate in a
location physically separate from the service provider or the service
provider's marketing agent. The content of the verification must include clear
and conspicuous confirmation that the customer has authorized a preferred
telecommunications service provider change; or
4. The local service provider may change the
preferred service provider, for customer-originated changes to existing
accounts only, through maintenance of sufficient internal records to establish
a valid customer request for the change in service. At a minimum, any such
internal records must include the date and time of the customer's request and
adequate verification of the identification of the person requesting the change
in service. The burden will be on the local service provider to show that its
internal records are adequate to verify the customer's request for the change
in service.
All verifications shall be maintained for at least two years
from the date the change in service is implemented, and all complaints
regarding a change in preferred service provider must be brought within two
years of the date the change in service is implemented. Verification of service
freezes shall be maintained for as long as the preferred telecommunications
service provider freeze is in effect.
(2) For other changes in service resulting in
additional charges to existing accounts only, a service provider shall
establish a valid customer request for the change in service through
maintenance of sufficient internal records. At a minimum, any such internal
records must include the date and time of the customer's request and adequate
verification under the circumstances of the identification of the person
requesting the change in service. Any of the three verification methods in
numbered paragraphs 22.9(2)"a" (1) "1" to "3" are also
acceptable. The burden will be on the telecommunications service provider to
show that its internal records are adequate to verify the customer's request
for the change in service. Where the additional charge is for one or more
specific telephone calls, examples of internal records a telecommunications
service provider may submit include call records showing the origin, date,
time, destination, and duration of the calls, and any other data the
telecommunications service provider relies on to show the calls were made or
accepted by the customer, along with an explanation of the records and data.
b.
Letter of
agency form and content.
(1) A
service provider may use a letter of agency to obtain written authorization or
verification of a customer's request to change the customer's preferred service
provider selection. A letter of agency that does not conform with this subrule
is invalid for purposes of this rule.
(2) The letter of agency shall be a separate
document (or an easily separable document) or located on a separate screen or
web page and contain only the authorizing language described in subparagraph
22.9(2)"b"(5) having the sole purpose of authorizing a service
provider to initiate a preferred service provider change. The letter of agency
must be signed and dated by the customer to the telephone line(s) requesting
the preferred service provider change. A local exchange telecommunications
service provider may use a written or electronically signed letter of agency to
obtain authorization or verification of a customer's request to change
service.
(3) The letter of agency
shall not be combined on the same document, screen, or web page with
inducements of any kind.
(4)
Notwithstanding subparagraphs 22.9(2)"b"(2) and (3), the
letter of agency may be combined with checks that contain only the required
letter of agency language as prescribed in subparagraph
22.9(2)"b"(5) and the necessary information to make the check
a negotiable instrument. The letter of agency check shall not contain any
promotional language or material. The letter of agency check shall contain, in
easily readable, boldface type on the front of the check, a notice that the
customer is authorizing a preferred service provider change by signing the
check. The letter of agency language shall be placed near the signature line on
the back of the check.
(5) At a
minimum, the letter of agency must be printed in a readable type of sufficient
size to be clearly legible and must contain clear and unambiguous language that
confirms:
1. The customer's billing name and
address and each telephone number to be covered by the preferred service
provider change order;
2. The
decision to change the preferred service provider from the current service
provider to the soliciting service provider;
3. That the customer designates [insert the
name of the submitting service provider] to act as the customer's agent for the
preferred service provider change;
4. That the customer understands that only
one service provider may be designated as the customer's interstate or inter
LATA preferred interexchange service provider for any one telephone number. To
the extent that a jurisdiction allows the selection of additional preferred
service providers (e.g., local exchange, intraLATA/intrastate toll, inter
LATA/interstate toll, or international interexchange), the letter of agency
must contain separate statements regarding those choices, although a separate
letter of agency for each choice is not necessary; and
5. That the customer understands that any
preferred service provider selection the customer chooses may involve a charge
to the customer for changing the customer's preferred service
provider.
(6) Any service
provider designated in a letter of agency as a preferred service provider must
be the service provider directly setting the rates for the customer.
(7) Letters of agency shall not suggest or
require that a customer take some action in order to retain the customer's
current service provider.
(8) If
any portion of a letter of agency is translated into another language, then all
portions of the letter of agency must be translated into that language. Every
letter of agency must be translated into the same language as any promotional
materials, oral descriptions or instructions provided with the letter of
agency.
c.
Customer notification. Every change in service shall be
followed by a written notification to the affected customer to inform the
customer of the change. Such notice shall be provided within 30 days of the
effective date of the change. Such notice may include, but is not limited to, a
conspicuous written statement on the customer's bill, a separate mailing to the
customer's billing address, or a separate written statement included with the
customer's bill. Each such statement shall clearly and conspicuously identify
the change in service, any associated charges or fees, the name of the service
provider associated with the change, and a toll-free number by which the
customer may inquire about or dispute any provision in the statement.
d.
Preferred telecommunications
service provider freezes.
(1) A
preferred telecommunications service provider freeze (or "freeze") prevents a
change in a customer's preferred service provider selection unless the customer
gives the service provider from whom the freeze was requested express consent.
All local exchange service providers who offer preferred telecommunications
service provider freezes must comply with the provisions of this
subrule.
(2) All local exchange
service providers who offer preferred telecommunications service provider
freezes shall offer freezes on a nondiscriminatory basis to all customers,
regardless of the customers' service provider selections.
(3) Preferred telecommunications service
provider freeze procedures, including any solicitation, must clearly
distinguish among telecommunications services (e.g., local exchange,
intraLATA/intrastate toll, inter LATA/interstate toll, and international toll)
subject to a preferred telecommunications service provider freeze. The service
provider offering the freeze must obtain separate authorization for each
service for which a preferred telecommunications service provider freeze is
requested.
(4) Solicitation and
imposition of preferred telecommunications service provider freezes.
1. All solicitation and other materials
provided by a service provider regarding preferred telecommunications service
provider freezes must include:
* An explanation, in clear and neutral language, of what a
preferred telecommunications service provider freeze is and what services may
be subject to a freeze;
* A description of the specific procedures necessary to lift
a preferred telecommunications service provider freeze; an explanation that
these steps are in addition to the verification requirements in this rule for
changing a customer's preferred service provider selections; and an explanation
that the customer will be unable to make a change in service provider selection
unless the freeze is lifted; and
* An explanation of any charges associated with the preferred
telecommunications service provider freeze.
2. No local exchange telecommunications
service provider shall implement a preferred telecommunications service
provider freeze unless the customer's request to impose a freeze has first been
confirmed in accordance with one of the following procedures:
* The local exchange telecommunications service provider has
obtained the customer's written or electronically signed authorization in a
form that meets the requirements of this rule; or
* The local exchange telecommunications service provider has
obtained the customer's electronic authorization, placed from the telephone
number(s) on which the preferred telecommunications service provider freeze is
to be imposed, to impose a preferred telecommunications service provider
freeze. The electronic authorization shall confirm appropriate verification
data. Service providers electing to confirm preferred telecommunications
service provider freeze orders electronically shall establish one or more
toll-free telephone numbers exclusively for that purpose. Calls to the
number(s) will connect a customer to a voice response unit or to a similar
mechanism that records the required information regarding the preferred
telecommunications service provider freeze request, including automatically
recording the originating automatic numbering identification; or
* An appropriately qualified independent third party has
obtained the customer's oral authorization to submit the preferred
telecommunications service provider freeze and confirmed the appropriate
verification data and the information required in this rule. The independent
third party must not be owned, managed, or directly controlled by the service
provider or the service provider's marketing agent; must not have any financial
incentive to confirm preferred telecommunications service provider freeze
requests for the service provider or the service provider's marketing agent;
and must operate in a location physically separate from the service provider or
the service provider's marketing agent. The content of the verification must
include clear and conspicuous confirmation that the customer has authorized a
preferred telecommunications service provider freeze.
3. A local exchange service provider may
accept a written and signed authorization to impose a freeze on the customer's
preferred service provider selection. Written authorization that does not
conform with this subrule is invalid and may not be used to impose a preferred
telecommunications service provider freeze.
* The written authorization shall comply with this rule
concerning the form and content for letters of agency.
* At a minimum, the written authorization must be printed
with a readable type of sufficient size to be clearly legible and must contain
clear and unambiguous language that confirms:
* The customer's billing name and address and the telephone
number(s) to be covered by the preferred telecommunications service provider
freeze;
* The decision to place a preferred telecommunications
service provider freeze on the telephone number(s) and particular service(s).
To the extent that a jurisdiction allows the imposition of preferred
telecommunications service provider freezes on additional preferred service
provider selections (e.g., for local exchange, intraLATA/intrastate toll, inter
LATA/interstate toll service, and international toll), the authorization must
contain separate statements regarding the particular selections to be
frozen;
* That the customer understands that the customer will be
unable to make a change in telecommunications service provider selection unless
the preferred telecommunications service provider freeze is lifted; and
* That the customer understands that any preferred
telecommunications service provider freeze may involve a charge to the
customer.
(5) All
local exchange telecommunications service providers that offer preferred
telecommunications service provider freezes must, at a minimum, offer customers
the following procedures for lifting a preferred telecommunications service
provider freeze:
1. A local exchange service
provider administering a preferred telecommunications service provider freeze
must accept a customer's written or electronically signed authorization stating
the intention to lift a preferred telecommunications service provider freeze;
and
2. A local exchange service
provider administering a preferred telecommunications service provider freeze
must accept a customer's oral authorization stating the intention to lift a
preferred telecommunications service provider freeze and must offer a mechanism
that allows a submitting service provider to conduct a three-way conference
call with the service provider administering the freeze and the customer in
order to lift a freeze. When engaged in oral authorization to lift a preferred
telecommunications service provider freeze, the service provider administering
the freeze shall confirm appropriate verification data and the customer's
intent to lift the particular freeze.
e.
Procedures in the event of sale or
transfer of customer base. A telecommunications service provider may
acquire, through a sale or transfer, either part or all of another
telecommunications service provider's customer base without obtaining each
customer's authorization if the acquiring telecommunications service provider
complies with the following procedures. A telecommunications service provider
may not use these procedures for any fraudulent purpose, including any attempt
to avoid liability for violations under this rule.
(1) No later than 30 days before the planned
transfer of the affected customers from the selling or transferring
telecommunications service provider to the acquiring telecommunications service
provider, the acquiring telecommunications service provider shall file with the
commission a letter notifying the commission of the transfer and providing the
names of the parties to the transaction, the types of telecommunications
services to be provided to the affected customers, and the date of the transfer
of the customer base to the acquiring telecommunications service provider. In
the letter, the acquiring telecommunications service provider also shall
certify compliance with the requirement to provide advance customer notice in
accordance with this rule and with the obligations specified in that notice. In
addition, the acquiring telecommunications service provider shall attach a copy
of the notice sent to the affected customers.
(2) If, subsequent to the filing of the
letter of notification with the commission any changes to the required
information develop, the acquiring telecommunications service provider shall
file written notification of these changes with the commission no more than ten
days after the transfer date announced in the prior notification. The
commission may require the acquiring telecommunications service provider to
send an additional notice to the affected customers regarding such material
changes.
(3) Not later than 30 days
before the transfer of the affected customers from the selling or transferring
telecommunications service provider to the acquiring telecommunications service
provider, the acquiring telecommunications service provider shall provide
written notice to each affected customer. The acquiring telecommunications
service provider must fulfill the obligations set forth in the written notice.
The written notice must inform the customer of the following:
1. The date on which the acquiring
telecommunications service provider will become the customer's new
telecommunications service provider;
2. The rates, terms, and conditions of the
service(s) to be provided by the acquiring telecommunications service provider
upon the customer's transfer to the acquiring telecommunications service
provider, and the means by which the acquiring telecommunications service
provider will notify the customer of any change(s) to these rates, terms, and
conditions;
3. The acquiring
telecommunications service provider will be responsible for any
telecommunications service provider change charges associated with the
transfer;
4. The customer's right
to select a different preferred telecommunications service provider for the
telecommunications service(s) at issue, if an alternative telecommunications
service provider is available;
5.
All customers receiving the notice, even those who have arranged preferred
telecommunications service provider freezes through their local service
providers on the service(s) involved in the transfer, will be transferred to
the acquiring telecommunications service provider unless the customers select a
different telecommunications service provider before the transfer date;
existing preferred telecommunications service provider freezes on the
service(s) involved in the transfer will be lifted; and the customers must
contact their local service providers to arrange a new freeze;
6. Whether the acquiring telecommunications
service provider will be responsible for handling any complaints filed, or
otherwise raised, prior to or during the transfer against the selling or
transferring telecommunications service provider; and
7. The toll-free customer service telephone
number of the acquiring telecommunications service provider.