| (a) Purpose and Application.
(1) Purpose. The provisions of this section are intended
to ensure that all customers in this state are protected from an unauthorized
change in a customer's local or long-distance telecommunications utility.
(2) Application. This section, including any references
in this section to requirements in 47 Code of Federal Regulations
(C.F.R.) Subpart K (entitled "Changing Long Distance Service"), applies
to a "telecommunications utility," as that term is defined in §26.5
of this title (relating to Definitions). This section does not apply
to an unauthorized charge unrelated to a change in preferred telecommunications
utility. Requirements related to proper authorization for a billing
charge by a telecommunication utility are addressed by §26.32
of this title (relating to Protection Against Unauthorized Billing
Charges ("Cramming")).
(b) Definitions. The following words and terms when
used in this section have the following meanings unless the context
indicates otherwise:
(1) Authorized telecommunications utility--Any telecommunications
utility that submits a change request, after obtaining customer authorization
with verification, in accordance with the requirements of this section.
(2) Customer--Any person, including the person's spouse,
in whose name telephone service is billed, including individuals,
governmental units at all levels of government, corporate entities,
and any other entity with legal capacity to request a change in local
service or telecommunications utilities.
(3) Executing telecommunications utility--Any telecommunications
utility that effects a request that a customer's preferred telecommunications
utility be changed. A telecommunications utility may be treated as
an executing telecommunications utility, however, if it is responsible
for any unreasonable delays in the execution of telecommunications
utility changes or for the execution of unauthorized telecommunications
utility changes, including fraudulent authorizations.
(4) Submitting telecommunications utility--Any telecommunications
utility that requests on behalf of a customer that the customer's
preferred telecommunications utility be changed.
(5) Unauthorized telecommunications utility--Any telecommunications
utility that submits a change request that is not in accordance with
the requirements of this section.
(c) Changes in preferred telecommunications utility.
(1) Changes by a telecommunications utility. A telecommunications
utility is prohibited from submitting or executing a change on the
behalf of a customer in the customer's selection of a provider of
telecommunications service except in accordance with this section.
Before a change order is processed by the executing telecommunications
utility, the submitting telecommunications utility must obtain authorization
from the customer that such change is desired for each affected telephone
line and ensure that verification of the authorization is obtained
in accordance with 47 C.F.R. Subpart K. In the case of a change by
written solicitation, the submitting telecommunications utility must
obtain verification as specified in 47 C.F.R. Subpart K, and subsection
(d) of this section. A change order must be verified by one of the
following methods:
(A) Written or electronically signed authorization
from the customer in a form that meets the requirements of subsection
(d) of this section. A customer must be provided the option of using
another authorization method as an alternative to an electronically
signed authorization.
(B) Electronic authorization placed from the telephone
number which is the subject of the change order, except in exchanges
where automatic recording of the automatic number identification (ANI)
from the local switching system is not technically possible. To verify
the electronic authorization, the submitting telecommunications utility
must:
(i) ensure that the electronic authorization confirms
the information described in subsection (d)(3) of this section; and
(ii) establish one or more toll-free telephone numbers
exclusively for the purpose of verifying the change so that a customer
calling toll-free number will reach a voice response unit or similar
mechanism that records the required information regarding the change
and automatically records the ANI from the local switching system.
(C) Oral authorization by the customer for the change
that meets the following requirements:
(i) The customer's authorization must be given to an
appropriately qualified and independent third party that obtains appropriate
verification data including, at a minimum, 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.
A corporation or partnership may provide its federal Employer Identification
Number, or last six digits thereof, and the name and job title of
the authorized representative for the corporation or partnership to
satisfy this subparagraph.
(ii) The entirety of the customer's authorization and
the customer's verification of authorization must be electronically
recorded on audio tape, a wave sound file, or other recording device
that is compatible with the commission's equipment.
(iii) The recordings must be dated and include clear
and conspicuous confirmation that the customer authorized the change
in telephone service provider.
(iv) The third party verification must elicit, at a
minimum, the identity of the customer, confirmation that the person
on the call is authorized to make the change in service, the name
of each telecommunications utility affected by the change but not
including the name of the displaced carrier, each telephone number
to be switched, and the type of service involved. The third party
verifier must not market or advertise the telecommunications utility's
services by providing additional information, including information
regarding preferred carrier freeze procedures.
(v) The third party verification must be conducted
in the same language used in the sales transaction.
(vi) Automated systems must provide customers the option
of speaking with a live person at any time during the call.
(vii) A telecommunications utility or its sales representative
initiating a three-way call or a call through an automated verification
system must drop off the call once a three-way connection with the
third party verifier has been established unless:
(I) the telecommunications utility files sworn written
certification with the commission that the sales representative is
unable to drop off the sales call after initiating a third party verification.
Such certification should provide sufficient information as to each
reason for the inability of the sales agent to drop off the line after
the third party verification is initiated. A carrier is exempt from
this requirement for a period of two years from the date the carrier's
certification was filed with the commission;
(II) a telecommunications utility that seeks to extend
the exemption provided under subclause (I) of this clause must, before
the end of the two-year period, and every two years thereafter, recertify
to the commission the utility's continued inability to comply with
this clause.
(viii) The third party verification must immediately
terminate if the sales agent of a telecommunications utility that
has filed a sworn written certification in accordance with clause
(vii) of this subparagraph responds to a customer inquiry or speaks
after third party verification has begun.
(ix) The independent third party must:
(I) not be owned, managed, directed or controlled by
the telecommunications utility or the telecommunications utility's
marketing agent;
(II) not have financial incentive to confirm change
orders; and
(III) operate in a location physically separate from
the telecommunications utility and the telecommunications utility's
marketing agent.
(2) Changes by customer request directly to the local
exchange company. If a customer requests a change in the customer's
current preferred telecommunications utility by contacting the local
exchange company directly, and that local exchange company is not
the chosen carrier or affiliate of the chosen carrier, the verification
requirements in paragraph (1) of this subsection do not apply. The
customer's current local exchange company must maintain a record of
the customer's request for 24 months.
(d) Letters of Agency (LOA). A written or electronically
signed authorization from a customer for a change of telecommunications
utility must use a letter of agency (LOA) as specified in this subsection:
Cont'd... |
