FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,755
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UTI responded.'3 UTI states that authorization was received and confirmed through third party
verifications (TPV) in each case. The Commission's rules require that the verification elicit,
amongst other things, confirmation that the person on the call is "authorized to make the carrier
change."'4 We have reviewed the TPVs that UTI submitted with its responses. In each case, the
verifier instead asks whether the person on the call is "authorized by the telephone account
owner to make changes to and incur charges on this telephone account." A switch from one
carrier to another carrier differs from merely making changes to the customer's service." As we
emphasized in the Fourth Report and Order, "any description of the carrier change
transaction...must not be misleading" and verifiers should convey explicitly that "the consumers
will have authorized a carrier change, and not for instance an upgrade in existing service."'6 We
find that UTI's actions were in violation of our carrier change rules, and we discuss UTI's
5. UTI must remove all charges incurred for service provided to Complainants for
the first thirty days after the alleged unauthorized changes in accordance with the Commission's
liability rules.'" We have determined that Complainants are entitled to absolution for the charges
incurred during the first thirty days after the unauthorized changes occurred and that neither the
Complainants' authorized carrier nor UTI may pursue any collection against Complainants for
those charges." Any charges imposed by UTI on the subscribers for service provided after this
30-day period shall be paid by the subscribers to their authorized carrier at the rates the
subscribers were paying to their authorized carriers at the time of the unauthorized changes of
telecommunications service providers.20
6. Accordingly, IT IS ORDERED that, pursuant to Section 258 of the
Communications Act of 1934, as amended, 47 U.S.C. 258, and Sections 0.141, 0.361 and
1.719 of the Commission's rules, 47 C.F.R. 0.141, 0.361, 1.719, the complaints filed against
'3 See Appendix A.
14 See 47 C.F. R. 64.1120(c)(3)(iii).
15 Cf. Consumer Telcom, Inc.; Complaints Regarding Unauthorized Change of Subscriber's
Telecommunications Carrier, IC Nos. 09-50295686 and 09-S0295918, Order on Reconsideration, DA 12-801,
CGB (rel. May 22, 2012) ("the verifier's question, "Do you have authority to make changes to your long distance
service?" did not confirm that the person was authorizing a change that would result in receiving service from a
16 See Fourth Report and Order, 23 FCC Rcd 493 (2008)(emphasis added); see also 47 C.F.R.
If any Complainant is unsatisfied with the resolution of this complaint, such Complainant may
file a formal complaint with the Commission pursuant to Section 1.721 of the Commission's rules, 47 C.F.R.
1.721. Such filing will be deemed to relate back to the filing date of such Complainant's informal complaint so
long as the formal complaint is filed within 45 days from the date this order is mailed or delivered electronically to
such Complainant. See 47 C.F.R. 1.719.
SSee 47 C.F.R. 64. 1 160(b)
See 47 C.F.R. 64.1160(d).
20 See 47 C.F.R. 64.1140, 64.1160.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc111171/m1/98/: accessed October 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.