| (1) The LOA must be a separate or easily separable
document or located on a separate screen or webpage containing only
the authorization and verification language described in paragraph
(3) of this subsection for the sole purpose of authorizing the telecommunications
utility to initiate a telecommunications utility change. The LOA must
be fully completed, signed and dated by the customer requesting the
telecommunications utility change. An LOA submitted with an electronically
signed authorization must include the consumer disclosures required
by the Electronic Signatures in Global and National Commerce Act 47
United States Code §7001(c).
(2) The LOA must not be combined with inducements of
any kind on the same document, screen, or webpage, except that the
LOA may be combined with a check as specified in subparagraphs (A)
and (B) of this paragraph:
(A) An LOA combined with a check may contain only the
language set out in paragraph (3) of this subsection, and the necessary
information to make the check a negotiable instrument.
(B) A check combined with an LOA must not contain any
promotional language or material but must contain on the front and
back of the check in easily readable, bold-faced type near the signature
line, a notice similar in content to the following: "By signing this
check, I am authorizing (name of the telecommunications utility) to
be my new telephone service provider for (the type of service that
will be provided)."
(3) LOA language.
(A) At a minimum, the LOA must be clearly legible,
printed in a text not smaller than 12-point type, and must contain
clear and unambiguous language that includes and confirms:
(i) the customer's billing name and address and each
telephone number to be covered by the preferred telecommunications
utility change order;
(ii) the decision to change preferred carrier from
the current telecommunications utility to the new telecommunications
utility;
(iii) the name of the new telecommunications utility
and that the customer designates the new telecommunications utility
to act as the customer's agent for the preferred carrier change;
(iv) that the customer understands that only one preferred
telecommunications utility may be designated for each type of service,
such as local, intraLATA, and interLATA service, for each telephone
number. The LOA must contain separate statements regarding those choices,
although a separate LOA for each service is not required;
(v) that the customer understands that any preferred
carrier selection the customer chooses may involve a one-time charge
to the customer for changing the customer's preferred telecommunications
utility and that the customer may consult with the carrier as to whether
a fee applies to the change; and
(vi) 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 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.
(B) Any telecommunications utility designated in a
LOA as the customer's preferred and authorized telecommunications
utility must be the carrier directly setting rates for the customer.
(C) The following LOA form meets the requirements of
this subsection. Other versions may be used, but must comply with
all of the requirements of this subsection.
Attached Graphic
(4) The LOA must not require or suggest that a customer
take some action to retain the customer's current telecommunications
utility.
(5) If any portion of an LOA is translated into another
language, then all portions of the LOA must be translated into that
language. Every LOA must be translated into the same language as promotional
materials, oral descriptions or instructions provided with the LOA.
(6) The submitting telecommunications utility must
submit a change order on behalf of a customer within 60 days after
obtaining a written or electronically signed LOA from the customer
except LOAs relating to multi-line and/or multi-location business
customers that have entered into negotiated agreements with a telecommunications
utility to add presubscribed lines to their business locations during
the course of a term agreement must be valid for the period specified
in the term agreement.
(e) Notification of alleged unauthorized change.
(1) When a customer informs an executing telecommunications
utility of an alleged unauthorized telecommunications utility change,
the executing telecommunications utility must immediately notify both
the authorized and alleged unauthorized telecommunications utility
of the incident.
(2) Any telecommunications utility, executing, authorized,
or alleged unauthorized, that is informed of an alleged unauthorized
telecommunications utility change must direct the customer to contact
the Public Utility Commission of Texas for resolution of the complaint.
(3) The alleged unauthorized telecommunications utility
must remove all unpaid charges pending a determination of whether
an unauthorized change occurred.
(4) The alleged unauthorized telecommunications utility
may challenge a complainant's allegation of an unauthorized change
by notifying the complainant in writing to file a complaint with the
Public Utility Commission of Texas within 30 days after the customer's
assertion of an unauthorized switch to the alleged unauthorized telecommunications
utility. If the complainant does not file a complaint within 30 days,
the unpaid charges may be reinstated.
(5) The alleged unauthorized telecommunications utility
must take all actions within its control to facilitate the customer's
prompt return to the original telecommunications utility within three
working days of the customer's request.
(6) The alleged unauthorized telecommunications utility
must also be liable to the customer for any charges assessed to change
the customer from the authorized telecommunications utility to the
alleged unauthorized telecommunications utility in addition to charges
assessed for returning the customer to the authorized telecommunications
utility.
(f) Unauthorized changes.
(1) Responsibilities of the telecommunications utility
that initiated the change. If a customer's telecommunications utility
is changed without verification consistent with this section, the
telecommunications utility that initiated the unauthorized change
must:
(A) take all actions within its control to facilitate
the customer's prompt return to the original telecommunications utility
within three working days of the customer's request;
(B) pay all charges associated with returning the customer
to the original telecommunications utility within five working days
of the customer's request;
(C) provide all billing records to the original telecommunications
utility related to the unauthorized change of services within ten
working days of the customer's request;
(D) pay, within 30 working days of the customer's request,
the original telecommunications utility any amount paid to it by the
customer that would have been paid to the original telecommunications
utility if the unauthorized change had not occurred;
(E) return to the customer within 30 working days of
the customer's request:
(i) any amount paid by the customer for charges incurred
during the first 30 calendar days after the date of an unauthorized
change; and
(ii) any amount paid by the customer after the first
30 calendar days in excess of the charges that would have been charged
if the unauthorized change had not occurred;
(F) remove all unpaid charges; and
(G) pay the original telecommunications utility for
any billing and collection expenses incurred in collecting charges
from the unauthorized telecommunications utility.
(2) Responsibilities of the original telecommunications
utility. The original telecommunications utility must:
(A) inform the telecommunications utility that initiated
the unauthorized change of the amount that would have been charged
for identical services if the unauthorized change had not occurred,
within ten working days of the receipt of the billing records required
under paragraph (1)(C) of this subsection;
(B) where possible, provide to the customer all benefits
associated with the service, such as frequent flyer miles, that would
have been awarded had the unauthorized change not occurred, upon receiving
payment for service provided during the unauthorized change;
(C) maintain a record of customers that experienced
an unauthorized change in telecommunications utilities that contains:
Cont'd... |
