§  64.1100   Definitions.

   (a) The term submitting carrier is generally any telecommunications
   carrier that requests on the behalf of a subscriber that the
   subscriber's telecommunications carrier be changed, and seeks to
   provide retail services to the end user subscriber. A carrier may be
   treated as a submitting carrier, however, if it is responsible for any
   unreasonable delays in the submission of carrier change requests or for
   the submission of unauthorized carrier change requests, including
   fraudulent authorizations.

   (b) The term executing carrier is generally any telecommunications
   carrier that effects a request that a subscriber's telecommunications
   carrier be changed. A carrier may be treated as an executing carrier,
   however, if it is responsible for any unreasonable delays in the
   execution of carrier changes or for the execution of unauthorized
   carrier changes, including fraudulent authorizations.

   (c) The term authorized carrier is generally any telecommunications
   carrier that submits a change, on behalf of a subscriber, in the
   subscriber's selection of a provider of telecommunications service with
   the subscriber's authorization verified in accordance with the
   procedures specified in this part.

   (d) The term unauthorized carrier is generally any telecommunications
   carrier that submits a change, on behalf of a subscriber, in the
   subscriber's selection of a provider of telecommunications service but
   fails to obtain the subscriber's authorization verified in accordance
   with the procedures specified in this part.

   (e) The term unauthorized change is a change in a subscriber's
   selection of a provider of telecommunications service that was made
   without authorization verified in accordance with the verification
   procedures specified in this part.

   (f) The term state commission shall include any state entity with the
   state-designated authority to resolve the complaints of such state's
   residents arising out of an allegation that an unauthorized change of a
   telecommunication service provider has occurred that has elected, in
   accordance with the requirements of § 64.1110(a), to administer the
   Federal Communications Commission's slamming rules and remedies, as
   enumerated in § § 64.1100 through 64.1190.

   (g) The term relevant governmental agency shall be the state commission
   if the complainant files a complaint with the state commission or if
   the complaint is forwarded to the state commission by the Federal
   Communications Commission, and the Federal Communications Commission if
   the complainant files a complaint with the Federal Communications
   Commission, and the complaint is not forwarded to a state commission.

   (h) The term subscriber is any one of the following:

   (1) The party identified in the account records of a common carrier as
   responsible for payment of the telephone bill;

   (2) Any adult person authorized by such party to change
   telecommunications services or to charge services to the account; or

   (3) Any person contractually or otherwise lawfully authorized to
   represent such party.

   [ 65 FR 47690 , Aug. 3, 2000, as amended at  66 FR 12892 , Mar. 1, 2001]