§  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]