Goto Section: 64.1150 | 64.1170 | Table of Contents
FCC 64.1160
Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 64.1160 Absolution procedures where the subscriber has not paid charges.
(a) This section shall only apply after a subscriber has determined
that an unauthorized change, as defined by § 64.1100(e), has occurred
and the subscriber has not paid charges to the allegedly unauthorized
carrier for service provided for 30 days, or a portion thereof, after
the unauthorized change occurred.
(b) An allegedly unauthorized carrier shall remove all charges incurred
for service provided during the first 30 days after the alleged
unauthorized change occurred, as defined by § 64.1100(e), from a
subscriber's bill upon notification that such unauthorized change is
alleged to have occurred.
(c) An allegedly unauthorized carrier may challenge a subscriber's
allegation that an unauthorized change, as defined by § 64.1100(e),
occurred. An allegedly unauthorized carrier choosing to challenge such
allegation shall immediately notify the complaining subscriber that:
The complaining subscriber must file a complaint with a State
commission that has opted to administer the FCC's rules, pursuant to
§ 64.1110, or the FCC within 30 days of either the date of removal of
charges from the complaining subscriber's bill in accordance with
paragraph (b) of this section, or the date the allegedly unauthorized
carrier notifies the complaining subscriber of the requirements of this
paragraph, whichever is later; and a failure to file such a complaint
within this 30-day time period will result in the charges removed
pursuant to paragraph (b) of this section being reinstated on the
subscriber's bill and, consequently, the complaining subscriber will
only be entitled to remedies for the alleged unauthorized change other
than those provided for in § 64.1140(b)(1). No allegedly unauthorized
carrier shall reinstate charges to a subscriber's bill pursuant to the
provisions of this paragraph without first providing such subscriber
with a reasonable opportunity to demonstrate that the requisite
complaint was timely filed within the 30-day period described in this
paragraph.
(d) If the relevant governmental agency determines after reasonable
investigation that an unauthorized change, as defined by § 64.1100(e),
has occurred, an order shall be issued providing that the subscriber is
entitled to absolution from the charges incurred during the first 30
days after the unauthorized carrier change occurred, and neither the
authorized or unauthorized carrier may pursue any collection against
the subscriber for those charges.
(e) If the subscriber has incurred charges for more than 30 days after
the unauthorized carrier change, the unauthorized carrier must forward
the billing information for such services to the authorized carrier,
which may bill the subscriber for such services using either of the
following means:
(1) The amount of the charge may be determined by a re-rating of the
services provided based on what the authorized carrier would have
charged the subscriber for the same services had an unauthorized
change, as described in § 64.1100(e), not occurred; or
(2) The amount of the charge may be determined using a 50% Proxy Rate
as follows: Upon receipt of billing information from the unauthorized
carrier, the authorized carrier may bill the subscriber for 50% of the
rate the unauthorized carrier would have charged the subscriber for the
services provided. However, the subscriber shall have the right to
reject use of this 50% proxy method and require that the authorized
carrier perform a re-rating of the services provided, as described in
paragraph (e)(1) of this section.
(f) If the unauthorized carrier received payment from the subscriber
for services provided after the first 30 days after the unauthorized
change occurred, the obligations for payments and refunds provided for
in § 64.1170 shall apply to those payments. If the relevant
governmental agency determines after reasonable investigation that the
carrier change was authorized, the carrier may re-bill the subscriber
for charges incurred.
(g) When a LEC has assigned a subscriber to a carrier without
authorization, and where the subscriber has not paid the unauthorized
charges, the LEC shall switch the subscriber to the desired carrier at
no cost to the subscriber, and shall also secure the removal of the
unauthorized charges from the subscriber's bill in accordance with the
procedures specified in paragraphs (a) through (f) of this section.
[ 65 FR 47692 , Aug. 3, 2000, as amended at 68 FR 19159 , Apr. 18, 2003;
73 FR 13149 , Mar. 12, 2008]
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Goto Section: 64.1150 | 64.1170
Goto Year: 2013 |
2015
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