FCC 64.1190 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 64.1190 Preferred carrier freezes.
(a) A preferred carrier freeze (or freeze) prevents a change in a
subscriber's preferred carrier selection unless the subscriber gives the
carrier from whom the freeze was requested his or her express consent. All
local exchange carriers who offer preferred carrier freezes must comply with
the provisions of this section.
(b) All local exchange carriers who offer preferred carrier freezes shall
offer freezes on a nondiscriminatory basis to all subscribers, regardless of
the subscriber's carrier selections.
(c) Preferred carrier freeze procedures, including any solicitation, must
clearly distinguish among telecommunications services (e.g., local exchange,
intraLATA/intrastate toll, interLATA/interstate toll, and international
toll) subject to a preferred carrier freeze. The carrier offering the freeze
must obtain separate authorization for each service for which a preferred
carrier freeze is requested.
(d) Solicitation and imposition of preferred carrier freezes.
(1) All carrier-provided solicitation and other materials regarding
preferred carrier freezes must include:
(i) An explanation, in clear and neutral language, of what a preferred
carrier freeze is and what services may be subject to a freeze;
(ii) A description of the specific procedures necessary to lift a preferred
carrier freeze; an explanation that these steps are in addition to the
Commission's verification rules in Sec. Sec. 64.1120 and 64.1130 for changing a
subscriber's preferred carrier selections; and an explanation that the
subscriber will be unable to make a change in carrier selection unless he or
she lifts the freeze.
(iii) An explanation of any charges associated with the preferred carrier
freeze.
(2) No local exchange carrier shall implement a preferred carrier freeze
unless the subscriber's request to impose a freeze has first been confirmed
in accordance with one of the following procedures:
(i) The local exchange carrier has obtained the subscriber's written or
electronically signed authorization in a form that meets the requirements of
Sec. 64.1190(d)(3); or
(ii) The local exchange carrier has obtained the subscriber's electronic
authorization, placed from the telephone number(s) on which the preferred
carrier freeze is to be imposed, to impose a preferred carrier freeze. The
electronic authorization should confirm appropriate verification data (e.g.,
the subscriber's date of birth or social security number) and the
information required in Sec. Sec. 64.1190(d)(3)(ii)(A) through (D).
Telecommunications carriers electing to confirm preferred carrier freeze
orders 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 freeze request,
including automatically recording the originating automatic numbering
identification; or
(iii) An appropriately qualified independent third party has obtained the
subscriber's oral authorization to submit the preferred carrier freeze and
confirmed the appropriate verification data (e.g., the subscriber's date of
birth or social security number) and the information required in
Sec. 64.1190(d)(3)(ii)(A) through (D). The independent third party must not be
owned, managed, or directly controlled by the carrier or the carrier's
marketing agent; must not have any financial incentive to confirm preferred
carrier freeze requests 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. The content of the verification must include
clear and conspicuous confirmation that the subscriber has authorized a
preferred carrier freeze.
(3) Written authorization to impose a preferred carrier freeze. A local
exchange carrier may accept a subscriber's written and signed authorization
to impose a freeze on his or her preferred carrier selection. Written
authorization that does not conform with this section is invalid and may not
be used to impose a preferred carrier freeze.
(i) The written authorization shall comply with Sec. Sec. 64.1130(b), (c), and (h)
of the Commission's rules concerning the form and content for letters of
agency.
(ii) At a minimum, the written authorization must be printed with a readable
type of sufficient size to be clearly legible and must contain clear and
unambiguous language that confirms:
(A) The subscriber's billing name and address and the telephone number(s) to
be covered by the preferred carrier freeze;
(B) The decision to place a preferred carrier freeze on the telephone
number(s) and particular service(s). To the extent that a jurisdiction
allows the imposition of preferred carrier freezes on additional preferred
carrier selections (e.g., for local exchange, intraLATA/intrastate toll,
interLATA/interstate toll service, and international toll), the
authorization must contain separate statements regarding the particular
selections to be frozen;
(C) That the subscriber understands that she or he will be unable to make a
change in carrier selection unless she or he lifts the preferred carrier
freeze; and
(D) That the subscriber understands that any preferred carrier freeze may
involve a charge to the subscriber.
(e) Procedures for lifting preferred carrier freezes. All local exchange
carriers who offer preferred carrier freezes must, at a minimum, offer
subscribers the following procedures for lifting a preferred carrier freeze:
(1) A local exchange carrier administering a preferred carrier freeze must
accept a subscriber's written or electronically signed authorization stating
his or her intent to lift a preferred carrier freeze; and
(2) A local exchange carrier administering a preferred carrier freeze must
accept a subscriber's oral authorization stating her or his intent to lift a
preferred carrier freeze and must offer a mechanism that allows a submitting
carrier to conduct a three-way conference call with the carrier
administering the freeze and the subscriber in order to lift a freeze. When
engaged in oral authorization to lift a preferred carrier freeze, the
carrier administering the freeze shall confirm appropriate verification data
(e.g., the subscriber's date of birth or social security number) and the
subscriber's intent to lift the particular freeze.
[ 64 FR 7762 , Feb. 16, 1999, as amended at 66 FR 12893 , Mar. 1, 2001]
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