| (B) An electronic authorization placed from the telephone
number on which a freeze is to be imposed. The electronic authorization
must confirm appropriate verification data including the customer's
month and year of birth, the customer's month and day of birth, mother's
maiden name, or the last four digits of the customer's social security
number and the information required in paragraph (6)(G) of this subsection.
A corporation or partnership may provide a federal Employer Identification
Number, or last six digits thereof, and the name and job title of
the authorized representative of the corporation or partnership to
satisfy the requirements of this subparagraph. The local exchange
company must establish one or more toll-free telephone numbers exclusively
for this purpose. Calls to the number will connect the customer to
a voice response unit or similar mechanism that records the information
including the originating ANI.
(C) An appropriately qualified independent third party
obtains the customer's oral authorization to submit the freeze that
includes and confirms appropriate verification data as required by
subparagraph (B) of this paragraph. This must include clear and conspicuous
confirmation that the customer authorized a freeze. The independent
third party must:
(i) not be owned, managed, or directly controlled by
the local exchange company or the local exchange company's marketing
agent;
(ii) not have financial incentive to confirm freeze
requests; and
(iii) operate in a location physically separate from
the local exchange company and its marketing agent.
(D) Any other method approved by Federal Communications
Commission rule or order granting a waiver.
(6) Written authorization. A written freeze authorization
must:
(A) be a separate or easily separable document with
the sole purpose of imposing a freeze;
(B) be signed and dated by the customer;
(C) not be combined with inducements of any kind;
(D) be completely translated into another language
if any portion is translated;
(E) be translated into the same language as any educational
materials, oral descriptions, or instructions provided with the written
freeze authorization;
(F) be printed with readable type of sufficient size
to be clearly legible; and
(G) contain clear and unambiguous language that confirms:
(i) the customer's name, address, and each telephone
number to be covered by the freeze;
(ii) the decision to impose a freeze on each telephone
number and the particular service with a separate statement for each
service to be frozen;
(iii) that the customer understands that a change in
telecommunications utility cannot be made unless the customer lifts
the freeze; and
(iv) that the customer understands that there is no
charge for imposing or lifting a freeze.
(7) Lifting freezes. A local exchange company that
executes a freeze request must allow customers to lift a freeze by:
(A) written and signed or electronically signed authorization
stating the customer's intent to lift a freeze;
(B) oral authorization stating an intent to lift a
freeze confirmed by the local exchange company with appropriate confirmation
verification data as indicated in paragraph (5)(B) of this subsection;
(C) a three-way conference call with the local exchange
company, the telecommunications utility that will provide the service,
and the customer with appropriate confirmation verification data from
the customer as indicated in paragraph (5)(B) of this subsection;
or
(D) any other method approved by Federal Communications
Commission rule or order granting a waiver.
(8) No customer charge. The customer must not be charged
for imposing or lifting a freeze.
(9) Local service freeze prohibition. A local exchange
company must not impose a freeze on local telephone service.
(10) Marketing prohibition. A local exchange company
must not initiate any marketing of its services during the process
of implementing or lifting a freeze.
(11) Freeze records retention. A local exchange company
must maintain records of all freezes and verifications for a period
of 24 months and must provide these records to customers and to the
commission staff upon request.
(12) Suggested freeze information language. A telecommunications
utility that informs a customer about freezes may use the following
language. Other versions may be used, but must comply with all of
the requirements of paragraph (4) of this subsection.
(13) Suggested freeze authorization form. The following
form is recommended for written authorization from a customer requesting
a freeze. Other versions may be used, but must comply with all of
the requirements of paragraph (6) of this subsection.
Attached Graphic
(14) Suggested freeze lift form. The following form
is recommended for written authorization to lift a freeze. Other versions
may be used, but must comply with all of the requirements of paragraph
(7) of this subsection.
Attached Graphic
(k) Transferring customers from one telecommunications
utility to another.
(1) A telecommunications utility may acquire, through
a sale or transfer, either part or all of another telecommunications
utility's customer base without obtaining each customer's authorization
and verification in accordance with subsection (c)(1) of this section,
provided that the acquiring utility complies with this section. Any
telecommunications utility that will acquire customers from another
telecommunications utility that will no longer provide service due
to acquisition, merger, bankruptcy or any other reason, must provide
notice to each affected customer. The notice must be in a billing
insert or separate mailing at least 30 calendar days prior to the
transfer of any customer. If legal or regulatory constraints prevent
sending the notice at least 30 calendar days prior to the transfer,
the notice must be sent promptly after all legal and regulatory conditions
are met. The notice must:
(A) identify the current and acquiring telecommunications
utilities;
(B) explain why the customer will not be able to remain
with the current telecommunications utility;
(C) explain that the customer has a choice of selecting
a service provider and may select the acquiring telecommunications
utility or any other telecommunications utility and that the customer
may incur a charge if the customer selects another telecommunications
utility;
(D) explain that if the customer wants another telecommunications
utility, the customer should contact that telecommunications utility
or the local telephone company;
(E) explain the time frame for the customer to make
a selection and what will happen if the customer makes no selection;
(F) identify the effective date that customers will
be transferred to the acquiring telecommunications utility;
(G) provide the rates and conditions of service of
the acquiring telecommunications utility and how the customer will
be notified of any changes;
(H) explain that the customer will not incur any charges
associated with the transfer;
(I) explain whether the acquiring carrier will be responsible
for handling complaints against the transferring carrier; and
(J) provide a toll-free telephone number for a customer
to call for additional information.
(2) The acquiring telecommunications utility must provide
the commission with a copy of the notice when it is sent to customers.
(l) Complaints to the commission. A customer may file
a complaint with the commission's CPD against a telecommunications
utility for any reasons related to the provisions of this section.
(1) Customer complaint information. CPD may request,
at a minimum, the following information:
(A) the customer's name, address, and telephone number;
(B) a brief description of the facts of the complaint;
(C) a copy of the customer's and spouse's legal signature;
and
(D) a copy of the most recent phone bill and any prior
phone bill that shows the switch in carrier.
(2) Telecommunications utility's response to complaint.
After review of a customer's complaint, CPD must forward the complaint
to the telecommunications utility. The telecommunications utility
must respond to CPD within 21 calendar days after CPD forwards the
complaint. The telecommunications utility's response must include
the following:
(A) all documentation related to the authorization
and verification used to switch the customer's service; and
Cont'd... |
