Goto Section: 64.1110 | 64.1130 | Table of Contents
FCC 64.1120
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 64.1120 Verification of orders for telecommunications service.
(a) No telecommunications carrier shall submit or execute a change on the
behalf of a subscriber in the subscriber's selection of a provider of
telecommunications service except in accordance with the procedures
prescribed in this subpart. Nothing in this section shall preclude any State
commission from enforcing these procedures with respect to intrastate
services.
(1) No submitting carrier shall submit a change on the behalf of a
subscriber in the subscriber's selection of a provider of telecommunications
service prior to obtaining:
(i) Authorization from the subscriber, and
(ii) Verification of that authorization in accordance with the procedures
prescribed in this section. The submitting carrier shall maintain and
preserve records of verification of subscriber authorization for a minimum
period of two years after obtaining such verification.
(2) An executing carrier shall not verify the submission of a change in a
subscriber's selection of a provider of telecommunications service received
from a submitting carrier. For an executing carrier, compliance with the
procedures described in this part shall be defined as prompt execution,
without any unreasonable delay, of changes that have been verified by a
submitting carrier.
(3) Commercial mobile radio services (CMRS) providers shall be excluded from
the verification requirements of this part as long as they are not required
to provide equal access to common carriers for the provision of telephone
toll services, in accordance with 47 U.S.C. 332(c)(8).
(b) Where a telecommunications carrier is selling more than one type of
telecommunications service (e.g., local exchange, intraLATA toll, and
interLATA toll), that carrier must obtain separate authorization from the
subscriber for each service sold, although the authorizations may be
obtained within the same solicitation. Each authorization must be verified
separately from any other authorizations obtained in the same solicitation.
Each authorization must be verified in accordance with the verification
procedures prescribed in this part.
(c) No telecommunications carrier shall submit a preferred carrier change
order unless and until the order has been confirmed in accordance with one
of the following procedures:
(1) The telecommunications carrier has obtained the subscriber's written or
electronically signed authorization in a form that meets the requirements of
§ 64.1130; or
(2) The telecommunications carrier has obtained the subscriber's electronic
authorization to submit the preferred carrier change order. Such
authorization must be placed from the telephone number(s) on which the
preferred carrier is to be changed and must confirm the information in
paragraph (a)(1) of this section. Telecommunications carriers electing to
confirm sales 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 change, including
automatically recording the originating automatic number identification; or
(3) An appropriately qualified independent third party has obtained, in
accordance with the procedures set forth in paragraphs (c)(3)(i) through
(c)(3)(iv) of this section, the subscriber's oral authorization to submit
the preferred carrier change order that confirms and includes appropriate
verification data (e.g., the subscriber's date of birth or social security
number). The independent third party must not be owned, managed, controlled,
or directed by the carrier or the carrier's marketing agent; must not have
any financial incentive to confirm preferred carrier change orders 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.
(i) Methods of third party verification. Automated 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 (c)(3)(iv) of
this section are satisfied.
(ii) Carrier initiation of third party verification. A carrier or a
carrier's sales representative initiating a three-way conference call or a
call through an automated verification system 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 carrier change transaction by a third party verifier must
not be misleading, and all third party verification methods shall elicit, at
a minimum: The date of the verification; the identity of the subscriber;
confirmation that the person on the call is authorized to make the carrier
change; confirmation that the person on the call wants to make the carrier
change; confirmation that the person on the call understands that a carrier
change, not an upgrade to existing service, bill consolidation, or any other
misleading description of the transaction, is being authorized; the names of
the carriers affected by the change (not including the name of the displaced
carrier); the telephone numbers to be switched; and the types of service
involved (including a brief description of a service about which the
subscriber demonstrates confusion regarding the nature of that service).
Except in Hawaii, any description of interLATA or long distance service
shall convey that it encompasses both international and state-to-state
calls, as well as some intrastate calls where applicable. If the subscriber
has additional questions for the carrier's sales representative during the
verification, the verifier shall indicate to the subscriber that, upon
completion of the verification process, the subscriber will have authorized
a carrier change. Third party verifiers may not market the carrier's
services by providing additional information, including information
regarding preferred carrier freeze procedures.
(iv) Other requirements for third party verification. All third party
verifications shall be conducted in the same language that was used in the
underlying sales transaction and shall be recorded in their entirety. In
accordance with the procedures set forth in 64.1120(a)(1)(ii), submitting
carriers shall maintain and preserve audio records of verification of
subscriber authorization for a minimum period of two years after obtaining
such verification. Automated systems must provide consumers with an option
to speak with a live person at any time during the call.
(4) Any State-enacted verification procedures applicable to intrastate
preferred carrier change orders only.
(d) Telecommunications carriers must provide subscribers the option of using
one of the authorization and verification procedures specified in
§ 64.1120(c) in addition to an electronically signed authorization and
verification procedure under 64.1120(c)(1).
(e) A telecommunications carrier may acquire, through a sale or transfer,
either part or all of another telecommunica- tions carrier's subscriber base
without obtaining each subscriber's authorization and verification in
accordance with § 64.1120(c), provided that the acquiring carrier complies
with the following streamlined procedures. A telecommunications carrier may
not use these streamlined procedures for any fraudulent purpose, including
any attempt to avoid liability for violations under part 64, subpart K of
the Commission rules.
(1) No later than 30 days before the planned transfer of the affected
subscribers from the selling or transferring carrier to the acquiring
carrier, the acquiring carrier shall file with the Commission's Office of
the Secretary a letter notification in CC Docket No. 00-257 providing the
names of the parties to the transaction, the types of telecommunications
services to be provided to the affected subscribers, and the date of the
transfer of the subscriber base to the acquiring carrier. In the letter
notification, the acquiring carrier also shall certify compliance with the
requirement to provide advance subscriber notice in accordance with
§ 64.1120(e)(3), with the obligations specified in that notice, and with
other statutory and Commission requirements that apply to this streamlined
process. In addition, the acquiring carrier shall attach a copy of the
notice sent to the affected subscribers.
(2) If, subsequent to the filing of the letter notification with the
Commission required by § 64.1120(e)(1), any material changes to the required
information should develop, the acquiring carrier shall file written
notification of these changes with the Commission no more than 10 days after
the transfer date announced in the prior notification. The Commission
reserves the right to require the acquiring carrier to send an additional
notice to the affected subscribers regarding such material changes.
(3) Not later than 30 days before the transfer of the affected subscribers
from the selling or transferring carrier to the acquiring carrier, the
acquiring carrier shall provide written notice to each affected subscriber
of the information specified. The acquiring carrier is required to fulfill
the obligations set forth in the advance subscriber notice. The advance
subscriber notice shall be provided in a manner consistent with 47 U.S.C.
255 and the Commission's rules regarding accessibility to blind and
visually-impaired consumers, 47 CFR 6.3, 6.5 of this chapter. The following
information must be included in the advance subscriber notice:
(i) The date on which the acquiring carrier will become the subscriber's new
provider of telecommunications service,
(ii) The rates, terms, and conditions of the service(s) to be provided by
the acquiring carrier upon the subscriber's transfer to the acquiring
carrier, and the means by which the acquiring carrier will notify the
subscriber of any change(s) to these rates, terms, and conditions.
(iii) The acquiring carrier will be responsible for any carrier change
charges associated with the transfer, except where the carrier is acquiring
customers by default, other than through bankruptcy, and state law requires
the exiting carrier to pay these costs;
(iv) The subscriber's right to select a different preferred carrier for the
telecommunications service(s) at issue, if an alternative carrier is
available,
(v) All subscribers receiving the notice, even those who have arranged
preferred carrier freezes through their local service providers on the
service(s) involved in the transfer, will be transferred to the acquiring
carrier, unless they have selected a different carrier before the transfer
date; existing preferred carrier freezes on the service(s) involved in the
transfer will be lifted; and the subscribers must contact their local
service providers to arrange a new freeze.
(vi) Whether the acquiring carrier will be responsible for handling any
complaints filed, or otherwise raised, prior to or during the transfer
against the selling or transferring carrier, and
(vii) The toll-free customer service telephone number of the acquiring
carrier.
[ 65 FR 47691 , Aug. 3, 2000, as amended at 66 FR 12892 , Mar. 1, 2001; 66 FR 28124 , May 22, 2001; 68 FR 19159 , Apr. 18, 2003; 70 FR 12611 , Mar. 15, 2005;
73 FR 13149 , Mar. 12, 2008]
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Goto Section: 64.1110 | 64.1130
Goto Year: 2014 |
2016
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