Goto Section: 64.1150 | 64.1170 | Table of Contents
FCC 64.1160
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 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]
return arrow Back to Top
Goto Section: 64.1150 | 64.1170
Goto Year: 2014 |
2016
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Thanks!
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.
hallikainen.com
Helping make public information public