§  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 toll, and interLATA 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 § § 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 § 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
   § § 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 § 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 § § 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
   toll, and interLATA 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;  73 FR 13150 , Mar. 12, 2008]