FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,902
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authorization was received and confirmed through third party verification. OneLink's verifier,
however, failed to obtain separate authorizations for each services sold as required by our rules.'4
OneLink has failed to produce clear and convincing evidence that Complainants authorized a
carrier change.'5 Therefore, we find that OneLink's actions resulted in unauthorized changes in
Complainants' telecommunications service providers and we discuss OneLink's liability
below.16
5. OneLink must remove all charges incurred for service provided to Complainants
for the first thirty days after the alleged unauthorized change in accordance with the
Commission's liability rules.17 We have determined that Complainants are entitled to absolution
for the charges incurred during the first thirty days after the unauthorized change occurred and
that neither the authorized carrier nor OneLink may pursue any collection against Complainants
for those charges. y charges imposed by OneLink on the subscribers for service provided
after this 30-day period shall be paid by the subscribers to the authorized carrier at the rates the
subscribers were paying to the authorized carriers at the time of unauthorized change of
telecommunications service provider."9
6. Accordingly, IT IS ORDERED that, pursuant to section 258 of the
Communications Act of 1934, as ended, 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
OneLink ARE GRANTED.
7. IT IS FURTHER ORDERE D that, pursuant to section 64.1170(d) of the
Commission's rules, 47 C.F.R. 64.1170(d), Complainants are entitled to absolution for the
charges incurred during the first thirty days after the unauthorized change occurred and OneLink
may not pursue any collection against Complainants for those charges.
13 See Appendix A.
14 See 47 C.F.R. 64.1120(c)(3)(iii).
See 47 C.F.R. 64.1150(d)
16 If Complainant is unsatisfied with the resolution of this complaint, 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 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
Complainant. See 47 CF.R. 1.719.
17 See 47 C.F.R. 64.1160(b).
18 See47 CeF.R. 64.1160(d).
19 See 47 C.F.R. 64.1140, 64.1160.5902
Federal Communications Comm onnmnissionn
DA 04-853
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United States. Federal Communications Commission. FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004, book, April 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc4077/m1/43/?rotate=270: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.