Goto Section: 64.1140 | 64.1160 | Table of Contents
FCC 64.1150
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 64.1150 Procedures for resolution of unauthorized changes in preferred
carrier.
(a) Notification of alleged unauthorized carrier change. Executing carriers
who are informed of an unauthorized carrier change by a subscriber must
immediately notify both the authorized and allegedly unauthorized carrier of
the incident. This notification must include the identity of both carriers.
(b) Referral of complaint. Any carrier, executing, authorized, or allegedly
unauthorized, that is informed by a subscriber or an executing carrier of an
unauthorized carrier change shall direct that subscriber either to the state
commission or, where the state commission has not opted to administer these
rules, to the Federal Communications Commission's Consumer & Governmental
Affairs Bureau, for resolution of the complaint. Carriers shall also inform
the subscriber that he or she may contact and seek resolution from the
alleged unauthorized carrier and, in addition, may contact the authorized
carrier.
(c) Notification of receipt of complaint. Upon receipt of an unauthorized
carrier change complaint, the relevant governmental agency will notify the
allegedly unauthorized carrier of the complaint and order that the carrier
remove all unpaid charges for the first 30 days after the slam from the
subscriber's bill pending a determination of whether an unauthorized change,
as defined by § 64.1100(e), has occurred, if it has not already done so.
(d) Proof of verification. Not more than 30 days after notification of the
complaint, or such lesser time as is required by the state commission if a
matter is brought before a state commission, the alleged unauthorized
carrier shall provide to the relevant government agency a copy of any valid
proof of verification of the carrier change. This proof of verification must
contain clear and convincing evidence of a valid authorized carrier change,
as that term is defined in § § 64.1120 through 64.1130. The relevant
governmental agency will determine whether an unauthorized change, as
defined by § 64.1100(e), has occurred using such proof and any evidence
supplied by the subscriber. Failure by the carrier to respond or provide
proof of verification will be presumed to be clear and convincing evidence
of a violation.
(e) Election of forum. The Federal Communications Commission will not
adjudicate a complaint filed pursuant to § 1.719 or § § 1.720 through 1.736 of
this chapter, involving an alleged unauthorized change, as defined by
§ 64.1100(e), while a complaint based on the same set of facts is pending
with a state commission.
[ 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: 64.1140 | 64.1160
Goto Year: 2014 |
2016
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