Sec.  64.1130   Letter of agency form and content.

   (a) A telecommunications carrier may use a written or electronically signed
   letter  of  agency  to  obtain  authorization and/or verification of a
   subscriber's request to change his or her preferred carrier selection. A
   letter of agency that does not conform with this section is invalid for
   purposes of this part.

   (b)  The  letter  of agency shall be a separate document (or an easily
   separable document) or located on a separate screen or webpage containing
   only the authorizing language described in paragraph (e) of this section
   having the sole purpose of authorizing a telecommunications carrier to
   initiate a preferred carrier change. The letter of agency must be signed and
   dated by the subscriber to the telephone line(s) requesting the preferred
   carrier change.

   (c) The letter of agency shall not be combined on the same document, screen,
   or webpage with inducements of any kind.

   (d) Notwithstanding paragraphs (b) and (c) of this section, the letter of
   agency may be combined with checks that contain only the required letter of
   agency language as prescribed in paragraph (e) of this section and the
   necessary information to make the check a negotiable instrument. The letter
   of agency check shall not contain any promotional language or material. The
   letter of agency check shall contain in easily readable, bold-face type on
   the  front of the check, a notice that the subscriber is authorizing a
   preferred carrier change by signing the check. The letter of agency language
   shall be placed near the signature line on the back of the check.

   (e)  At a minimum, the letter of agency must be printed with a type of
   sufficient size and readable type to be clearly legible and must contain
   clear and unambiguous language that confirms:

   (1) The subscriber's billing name and address and each telephone number to
   be covered by the preferred carrier change order;

   (2)  The  decision  to  change  the preferred carrier from the current
   telecommunications carrier to the soliciting telecommunications carrier;

   (3)  That the subscriber designates [insert the name of the submitting
   carrier] to act as the subscriber's agent for the preferred carrier change;

   (4) That the subscriber understands that only one telecommunications carrier
   may be designated as the subscriber's interstate or interLATA preferred
   interexchange carrier for any one telephone number. To the extent that a
   jurisdiction allows the selection of additional preferred carriers (e.g.,
   local exchange, intraLATA/intrastate toll, interLATA/interstate toll, or
   international interexchange) the letter of agency must contain separate
   statements regarding those choices, although a separate letter of agency for
   each choice is not necessary; and

   (5) That the subscriber may consult with the carrier as to whether a fee
   will apply to the change in the subscriber's preferred carrier.

   (f) Any carrier designated in a letter of agency as a preferred carrier must
   be the carrier directly setting the rates for the subscriber.

   (g) Letters of agency shall not suggest or require that a subscriber take
   some action in order to retain the subscriber's current telecommunications
   carrier.

   (h) If any portion of a letter of agency is translated into another language
   then all portions of the letter of agency must be translated into that
   language. Every letter of agency must be translated into the same language
   as any promotional materials, oral descriptions or instructions provided
   with the letter of agency.

   (i) Letters of agency submitted with an electronically signed authorization
   must include the consumer disclosures required by Section 101(c) of the
   Electronic Signatures in Global and National Commerce Act.

   (j) A telecommunications carrier shall submit a preferred carrier change
   order on behalf of a subscriber within no more than 60 days of obtaining a
   written or electronically signed letter of agency. However, letters of
   agency for multi-line and/or multi-location business customers that have
   entered into negotiated agreements with carriers to add presubscribed lines
   to their business locations during the course of a term agreement shall be
   valid for the period specified in the term agreement.

   [ 64 FR 7760 , Feb. 16, 1999. Redesignated at  65 FR 47692 , Aug. 3, 2000, as
   amended at  66 FR 12893 , Mar. 1, 2001;  66 FR 16151 , Mar. 23, 2001;  68 FR 19159 , Apr. 18, 2003]