N.J. Admin. Code § 14:10-11.5 - Letters of agency

(a) A TSP that elects to use a letter of agency to obtain a verified authorization for a change in a customer's TSP shall ensure that the letter of agency complies with all requirements of the FCC rules governing letters of agency at 47 CFR § 64.1130, incorporated herein by reference, as amended and supplemented. As of September 17, 2007, the substance of 47 CFR § 64.1130 is set forth at 1 through 12 below:

1. A TSP may use a letter of agency to obtain written or electronically signed authorization and or verification of a customer's request to change his/her primary TSP selection. A letter of agency that does not conform with this section is invalid for purposes of this subchapter;

2. The letter of agency shall be a separate (or an easily separable) document or located on a separate screen or web page containing only the authorizing language described in (a)5 below having the sole purpose of authorizing a TSP to initiate a primary TSP change. The letters of agency shall be signed and dated by the customer who subscribes to the telephone line(s) requesting the primary TSP change;

3. The letter of agency shall not be combined on the same document, screen, or web page with inducements of any kind. For example, it cannot be used in combination with sweepstakes offerings, entries or boxes.

4. Notwithstanding (a)2 and 3 above, the letter of agency may be combined with check(s) that contain only the required letter of agency language as prescribed in (a)5 below and the necessary information to make the check(s) a negotiable instrument. The letter of agency check(s) shall not contain any promotional language or material. The letter of agency check(s) shall contain, easily readable boldface type on the front of the check(s), a notice that the customer is authorizing a primary TSP change by cashing the check(s). 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 shall be printed with a type of sufficient size and readable type to be clearly legible and must contain clear and unambiguous language that confirms:

i. The customer's billing name and address and each telephone number to be covered by the primary TSP change order;

ii. The decision to change the primary TSP from the current TSP to the submitting TSP;

iii. That the customer designates (name of submitting TSP) to act as the customer's agent for the primary TSP change;

iv. That the customer understands that a different TSP may be designated for each of the customer's services, that is, interLATA, intraLATA toll or local exchange. The letter of agency shall contain separate check-off boxes for each such choice, with only one signature line at the bottom, although a separate letter of agency for each choice is not necessary; and

v. That the customer understands that each change of a primary TSP selection the customer chooses may involve a charge to the customer. The customer is to be advised of the amount of the charge up to the maximum;

6. Any TSP designated in a letter of agency as a primary TSP shall be the TSP 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 TSP;

8. If any portion of a letter of agency is translated into another language then all portions of the letter of agency shall be translated into that language. Every letter of agency shall be translated into the same language as any promotional materials, oral descriptions or instructions provided with the letter of agency;

9. Letters of agency submitted with an electronically signed authorization shall include the consumer disclosures required by § 101(c) of the Electronic Signatures in the Global and National Commerce Act. ( Public Laws 106-229) (E-sign Act);

10. TSPs utilizing electronically signed letters of agency shall employ encryption and/or other security measures in keeping with the best practices used for Internet transactions. TSPs shall also provide notice to subscribers regarding the level of security that applies to the submission of such electronically signed letters of agency.

11. A TSP shall submit a primary TSP change order on behalf of a subscriber within 60 days of obtaining a written or electronically signed letter of agency; and

12. Letters of agency submitted with electronically signed authorizations shall comply with all relevant provisions of the Electronic Signatures in the E-sign Act and the Uniform Electronic Transactions Act, 12A:12-1 et seq.

(b) A submitting TSP may also obtain a customer's electronic authorization to submit the primary TSP order in accordance with 47 CFR § 64.1120(c)(2).

Notes

N.J. Admin. Code § 14:10-11.5

Recodified in part from N.J.A.C. 14:10-11.3 by R.2007 d.276, effective 9/17/2007.
See: 38 N.J.R. 3250(a), 39 N.J.R. 3953(a).
Section was "Verification of change orders for telecommunications service providers". Rewrote the section.
Former N.J.A.C. 14:10-11.5, Unauthorized service termination and transfer (slamming), recodified to N.J.A.C. 14:10-11.8.