Goto Section: 64.632 | 64.634 | Table of Contents
FCC 64.633
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 64.633 Procedures for resolution of unauthorized changes in default
provider.
(a) Notification of alleged unauthorized provider change. Original default
providers who are informed of an unauthorized default provider change by an
iTRS user shall immediately notify the allegedly unauthorized provider and
the Commission's Consumer and Governmental Affairs Bureau of the incident.
(b) Referral of complaint. Any iTRS provider that is informed by an iTRS
user or original default provider of an unauthorized default provider change
shall:
(1) Notify the Commission's Consumer and Governmental Affairs Bureau, and
(2) Shall inform that iTRS user of the iTRS user's right to file a complaint
with the Commission's Consumer and Governmental Affairs Bureau. iTRS
providers shall also inform the iTRS user that the iTRS user may contact and
file a complaint with the alleged unauthorized default provider. An original
default provider shall have the right to file a complaint with the
Commission in the event that one of its respective iTRS users is the subject
of an alleged unauthorized default provider change.
(c) Notification of receipt of complaint. Upon receipt of an unauthorized
default provider change complaint or notification filed pursuant to this
section, the Commission will notify the allegedly unauthorized provider and
the Fund administrator of the complaint or notification and order that the
unauthorized provider identify to the Fund administrator all minutes
attributable to the iTRS user after the alleged unauthorized change of
default provider is alleged to have occurred. The Fund administrator shall
withhold reimbursement for such minutes pending Commission determination of
whether an unauthorized change, as defined by § 64.601(a) of this part, has
occurred, if it has not already done so.
(d) Proof of verification. Not more than 30 days after notification of the
complaint or other notification, the alleged unauthorized default provider
shall provide to the Commission's Consumer and Governmental Affairs Bureau a
copy of any valid proof of verification of the default provider change. This
proof of verification must clearly demonstrate a valid authorized default
provider change, as that term is defined in § § 64.631 through 64.632 of this
part. The Commission will determine whether an unauthorized change, as
defined by § 64.601(a) of this part, has occurred using such proof and any
evidence supplied by the iTRS user or other iTRS providers. Failure by the
allegedly unauthorized provider to respond or provide proof of verification
will be presumed to be sufficient evidence of a violation.
[ 78 FR 40609 , July 5, 2013]
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Goto Section: 64.632 | 64.634
Goto Year: 2014 |
2016
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