§ 64.631   Verification of orders for change of default TRS providers.

   (a) No iTRS provider, either directly or through its numbering partner,
   shall initiate or implement the process to change an iTRS user's
   selection of a default provider prior to obtaining:

   (1) Authorization from the iTRS user, and

   (2) Verification of that authorization in accordance with the
   procedures prescribed in this section. The new default provider shall
   maintain and preserve without alteration or modification all records of
   verification of the iTRS user's authorization for a minimum period of
   five years after obtaining such verification and shall make such
   records available to the Commission upon request. In any case where the
   iTRS provider is unable, unwilling or otherwise fails to make such
   records available to the Commission upon request, it shall be presumed
   that the iTRS provider has failed to comply with its verification
   obligations under the rules.

   (b) Where an iTRS provider is offering more than one type of TRS, that
   provider must obtain separate authorization from the iTRS user for each
   service, although the authorizations may be obtained within the same
   transaction. Each authorization must be verified separately from any
   other authorizations obtained in the same transaction. Each
   authorization must be verified in accordance with the verification
   procedures prescribed in this part.

   (c) A new iTRS provider shall not, either directly or through its
   numbering partner, initiate or implement the process to change a
   default provider unless and until the order has been verified in
   accordance with one of the following procedures:

   (1) The iTRS provider has obtained the iTRS user's written or
   electronically signed authorization in a form that meets the
   requirements of § 64.632 of this part; or

   (2) An independent third party meeting the qualifications in this
   subsection has obtained, in accordance with the procedures set forth in
   paragraphs (c)(2)(i) through (iv) of this section, the iTRS user's
   authorization to implement the default provider change order that
   confirms and includes appropriate verification of registration data
   with the TRS User Registration Database as defined in § 64.601(a) of
   this part. The independent third party must not be owned, managed,
   controlled, or directed by the iTRS provider or the iTRS provider's
   marketing agent; must not have any financial incentive to confirm
   default provider change orders for the iTRS provider or the iTRS
   provider's marketing agent; and must operate in a location physically
   separate from the iTRS provider or the iTRS provider's marketing agent.

   (i) Methods of third party verification. Third party verification
   systems and three-way conference calls may be used for verification
   purposes so long as the requirements of paragraphs (c)(3)(ii) through
   (iv) of this section are satisfied. It shall be a per se violation of
   these rules if at any time the iTRS provider, an iTRS provider's
   marketing representative, or any other person misleads the iTRS user
   with respect to the authorization that the iTRS user is giving, the
   purpose of that authorization, the purpose of the verification, the
   verification process, or the identity of the person who is placing the
   call as well as on whose behalf the call is being placed, if
   applicable.

   (ii) Provider initiation of third party verification. An iTRS provider
   or an iTRS provider's marketing representative initiating a three-way
   conference call must drop off the call once the three-way connection
   has been established.

   (iii) Requirements for content and format of third party verification.
   Any description of the default provider change transaction by a third
   party verifier must not be misleading. At the start of the third party
   verification process, the third party verifier shall identify the new
   default provider to the iTRS user and shall confirm that the iTRS user
   understands that the iTRS user is changing default providers and will
   no longer receive service from the iTRS user's current iTRS provider.
   In addition, all third party verification methods shall elicit, at a
   minimum: The date of the verification; the identity of the iTRS user;
   confirmation that the person on the call is the iTRS user; confirmation
   that the iTRS user wants to make the default provider change;
   confirmation that the iTRS user understands that a default provider
   change, not an upgrade to existing service, or any other misleading
   description of the transaction, is being authorized; confirmation that
   the iTRS user understands what the change in default provider means,
   including that the iTRS user may need to return any video equipment
   belonging to the original default provider; the name of the new default
   provider affected by the change; the telephone number of record to be
   transferred to the new default provider; and the type of TRS used with
   the telephone number being transferred. If the iTRS user has additional
   questions for the iTRS provider's marketing representative during the
   verification process, the verifier shall instruct the iTRS user that
   they are terminating the verification process, that the iTRS user may
   contact the marketing representative with additional questions, and
   that the iTRS user's default provider will not be changed. The
   marketing representative may again initiate the verification process
   following the procedures set out in this section after the iTRS user
   contacts the marketing representative with any additional questions.
   Third party verifiers may not market the iTRS provider's services by
   providing additional information.

   (iv) Other requirements for third party verification. All third party
   verifications shall be conducted in the same language and format that
   were used in the underlying marketing transaction and shall be recorded
   in their entirety. In the case of VRS, this means that if the marketing
   process was conducted in American Sign Language (ASL), then the third
   party verification shall be conducted in ASL. In the event that the
   underlying marketing transaction was conducted via text over IP Relay,
   such text format shall be used for the third party verification. The
   third party verifier shall inform both the iTRS user and, where
   applicable, the communications assistant relaying the call, that the
   call is being recorded. The third party verifier shall provide the new
   default provider an audio, video, or IP Relay transcript of the
   verification of the iTRS user authorization. New default providers
   shall maintain and preserve audio and video records of verification of
   iTRS user authorization in accordance with the procedures set forth in
   paragraph (a)(2) of this section.

   (d) A new default provider shall implement an iTRS user's default
   provider change order within 60 days of obtaining either:

   (1) A written or electronically signed letter of agency in accordance
   with § 64.632 of this part or

   (2) Third party verification of the iTRS user's default provider change
   order in accordance with paragraph (c)(2) of this section. If not
   implemented within 60 days as required herein, such default provider
   change order shall be deemed void.

   (e) At any time during the process of changing an iTRS user's default
   provider, and until such process is completed, which is when the new
   default provider assumes the role of default provider, the original
   default provider shall not:

   (1) Reduce the level or quality of iTRS service provided to such iTRS
   user, or

   (2) Reduce the functionality of any VRS access technology provided by
   the iTRS provider to such iTRS user.

   (f) An iTRS provider that is certified pursuant to § 64.606(a)(2) of
   this part may acquire, through a sale or transfer, either part or all
   of another iTRS provider's iTRS user base without obtaining each iTRS
   user's authorization and verification in accordance with paragraph (c)
   of this section, provided that the acquiring iTRS provider complies
   with the following streamlined procedures. An iTRS provider shall not
   use these streamlined procedures for any fraudulent purpose, including
   any attempt to avoid liability for violations under part 64 of the
   Commission rules.

   (1) Not later than 30 days before the transfer of the affected iTRS
   users from the selling or transferring iTRS provider to the acquiring
   iTRS provider, the acquiring iTRS provider shall provide notice to each
   affected iTRS user of the information specified herein. The acquiring
   iTRS provider is required to fulfill the obligations set forth in the
   advance iTRS user notice. In the case of VRS, the notice shall be
   provided as a pre-recorded video message in American Sign Language sent
   to all affected iTRS users. In the case of IP Relay, the notice shall
   be provided as a pre-recorded text message sent to all affected iTRS
   users. The advance iTRS user notice shall be provided in a manner
   consistent with 47 U.S.C. 255, 617, 619 and the Commission's rules
   regarding accessibility to blind and visually-impaired consumers,
   § § 6.3, 6.5, 14.20, and 14.21 of this chapter. The following
   information must be included in the advance iTRS user notice:

   (i) The date on which the acquiring iTRS provider will become the iTRS
   user's new default provider;

   (ii) The iTRS user's right to select a different default provider for
   the iTRS at issue, if an alternative iTRS provider is available;

   (iii) Whether the acquiring iTRS provider will be responsible for
   handling any complaints filed, or otherwise raised, prior to or during
   the transfer against the selling or transferring iTRS provider, and

   (iv) The toll-free customer service telephone number of the acquiring
   iTRS provider.

   (2) All iTRS users receiving the notice will be transferred to the
   acquiring iTRS provider, unless they have selected a different default
   provider before the transfer date.

   [ 78 FR 40609 , July 5, 2013]

   Effective Date Note: At  78 FR 40609 , July 5, 2013, § 64.631 was added.
   Paragraphs (a) through (d) and (f) contain information collection and
   recordkeeping requirements and will not become effective until approval
   has been given by the Office of Management and Budget.

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