Sec.  64.1190   Preferred carrier freezes.

   (a)  A  preferred  carrier  freeze  (or freeze) prevents a change in a
   subscriber's preferred carrier selection unless the subscriber gives the
   carrier from whom the freeze was requested his or her express consent. All
   local exchange carriers who offer preferred carrier freezes must comply with
   the provisions of this section.

   (b) All local exchange carriers who offer preferred carrier freezes shall
   offer freezes on a nondiscriminatory basis to all subscribers, regardless of
   the subscriber's carrier selections.

   (c) Preferred carrier freeze procedures, including any solicitation, must
   clearly distinguish among telecommunications services (e.g., local exchange,
   intraLATA/intrastate toll, interLATA/interstate toll, and international
   toll) subject to a preferred carrier freeze. The carrier offering the freeze
   must obtain separate authorization for each service for which a preferred
   carrier freeze is requested.

   (d)  Solicitation and imposition of preferred carrier freezes. (1) All
   carrier-provided  solicitation and other materials regarding preferred
   carrier freezes must include:

   (i) An explanation, in clear and neutral language, of what a preferred
   carrier freeze is and what services may be subject to a freeze;

   (ii) A description of the specific procedures necessary to lift a preferred
   carrier freeze; an explanation that these steps are in addition to the
   Commission's verification rules in  Sec.  Sec. 64.1120 and 64.1130 for changing a
   subscriber's preferred carrier selections; and an explanation that the
   subscriber will be unable to make a change in carrier selection unless he or
   she lifts the freeze.

   (iii) An explanation of any charges associated with the preferred carrier
   freeze.

   (2) No local exchange carrier shall implement a preferred carrier freeze
   unless the subscriber's request to impose a freeze has first been confirmed
   in accordance with one of the following procedures:

   (i) The local exchange carrier has obtained the subscriber's written or
   electronically signed authorization in a form that meets the requirements of
    Sec. 64.1190(d)(3); or

   (ii) The local exchange carrier has obtained the subscriber's electronic
   authorization, placed from the telephone number(s) on which the preferred
   carrier freeze is to be imposed, to impose a preferred carrier freeze. The
   electronic authorization should confirm appropriate verification data (e.g.,
   the  subscriber's  date  of  birth  or social security number) and the
   information    required   in    Sec.  Sec. 64.1190(d)(3)(ii)(A)   through   (D).
   Telecommunications carriers electing to confirm preferred carrier freeze
   orders  electronically shall establish one or more toll-free telephone
   numbers exclusively for that purpose. Calls to the number(s) will connect a
   subscriber to a voice response unit, or similar mechanism that records the
   required  information  regarding the preferred carrier freeze request,
   including  automatically recording the originating automatic numbering
   identification; or

   (iii) An appropriately qualified independent third party has obtained the
   subscriber's oral authorization to submit the preferred carrier freeze and
   confirmed the appropriate verification data (e.g., the subscriber's date of
   birth  or  social  security  number)  and  the information required in
    Sec. 64.1190(d)(3)(ii)(A) through (D). The independent third party must not be
   owned, managed, or directly controlled by the carrier or the carrier's
   marketing agent; must not have any financial incentive to confirm preferred
   carrier freeze requests for the carrier or the carrier's marketing agent;
   and must operate in a location physically separate from the carrier or the
   carrier's marketing agent. The content of the verification must include
   clear and conspicuous confirmation that the subscriber has authorized a
   preferred carrier freeze.

   (3) Written authorization to impose a preferred carrier freeze. A local
   exchange carrier may accept a subscriber's written and signed authorization
   to  impose a freeze on his or her preferred carrier selection. Written
   authorization that does not conform with this section is invalid and may not
   be used to impose a preferred carrier freeze.

   (i) The written authorization shall comply with  Sec.  Sec. 64.1130(b), (c), and (h)
   of the Commission's rules concerning the form and content for letters of
   agency.

   (ii) 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:

   (A) The subscriber's billing name and address and the telephone number(s) to
   be covered by the preferred carrier freeze;

   (B)  The decision to place a preferred carrier freeze on the telephone
   number(s) and particular service(s). To the extent that a jurisdiction
   allows the imposition of preferred carrier freezes on additional preferred
   carrier selections (e.g., for local exchange, intraLATA/intrastate toll,
   interLATA/interstate   toll  service,  and  international  toll),  the
   authorization must contain separate statements regarding the particular
   selections to be frozen;

   (C) That the subscriber understands that she or he will be unable to make a
   change in carrier selection unless she or he lifts the preferred carrier
   freeze; and

   (D) That the subscriber understands that any preferred carrier freeze may
   involve a charge to the subscriber.

   (e) Procedures for lifting preferred carrier freezes. All local exchange
   carriers who offer preferred carrier freezes must, at a minimum, offer
   subscribers the following procedures for lifting a preferred carrier freeze:

   (1) A local exchange carrier administering a preferred carrier freeze must
   accept a subscriber's written or electronically signed authorization stating
   his or her intent to lift a preferred carrier freeze; and

   (2) A local exchange carrier administering a preferred carrier freeze must
   accept a subscriber's oral authorization stating her or his intent to lift a
   preferred carrier freeze and must offer a mechanism that allows a submitting
   carrier  to  conduct  a  three-way  conference  call  with the carrier
   administering the freeze and the subscriber in order to lift a freeze. When
   engaged  in oral authorization to lift a preferred carrier freeze, the
   carrier administering the freeze shall confirm appropriate verification data
   (e.g., the subscriber's date of birth or social security number) and the
   subscriber's intent to lift the particular freeze.

   [ 64 FR 7762 , Feb. 16, 1999, as amended at  66 FR 12893 , Mar. 1, 2001]