FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,906
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Federal Communications Commission DA 04-854
of a provider of telephone exchge service or telephone toll service.4 In the Section 258 Order,
the Co mission adopted aggressive ne rles designed to take the profit out of slaing,
broadened the scope of the slaying rles to encompass all carriers, and modified its existing
requirements for the authorizaton d verification of erefpided cader changes. e rules
require, ong other t hings, that a caier receive individual subscriber consent before a carrier
change may occ5 Pu$s t to Section 258, caners are absolutely bared from changing a
customer's preferred local or long distce carier without first complying with one of the
Co h missions verification proceed es 6 Specifically, a career must: (1) obtain he subscriber s
written or electically si ed authorization n a feto at that meets the requirements of
Section 64. 130 authorization (2) obtan coni tion from te subscriber via a toll-free number
provided exclusively for the purose of coBfiing orders eectloncally; or (3) utilize an
independe rnthd prty to verify the subscriber s order7
3. The Co ssion also as adopted liability rules These rules require the carrier
to absolve the su sciber where the subscaier as not pd his or her bill. In that context, if the
subscriber has not already paid c tes to the unautorized crer, the subscriber is absolved of
liability for charges imposed by the authorized carrier for service provided during the first 30
ays after the authorized chge Where the subscrber has paid charges to the unauthorized
carrier, the Com mission's rues reuirse a the unauthorized carier pay 150% of those charges
to the authorized caier and the auti ozed carrie shall re fid or edit to the subscrber 50%c of
all charges paid by the subscriber to the authorized carier.9 Cariers should note that our
actions in this order do not preclude e omission o ng additiofial action, if warranted,
pursuit to Secton 503 f the Act,03
3. We received Coinplainat's complaint on December 29, 2003, alleging that
Complainant's telecommunications service provider had been changed to Telecom USA without
Complainant's authorization Pursuant to Sections 1.719 and 64.1150 of our rules,1I we notified
Telecom USA of te complaint nd Telecs USA responded on March 3,2004. 2 We find that
4 47. 47U.SC 258(a)
See 47 C.F.R. 64.1120.
6 47 U S.C. 258(a)
7 See 47 C.F.R. 64.120(c). Section 64. 1130 details the requirements for letter of agency form
and content for written or electronically signed authorizations. 47 C.F.R. 64.1130.
8 See 47 C.F.R. 64.1140, 64.1160. Any chages imposed by the unauthorized carrier on the
subscriber for service provided after this 30 day period shall be paid by the subscriber to the authorized carrier at
the rates the subscrier was payig to the authorized carrier at the time of the unauthorized change. Id.
9 Se 47 C.F.R. 64-1140, 64.1170.
10 See 47 U.S.. 503.
n1 47 C.F.5R 1.719 (Commission procedure for informal complaints filed pursuant to Section 258
of the Act); 47 C.F.R. 64.1150 (procedures for resolution of unauthorized changes in preferred carrier).
12 Telecom USA's Response Informal Complaint No. 03IO79443S, March 3, 2004.
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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.. (digital.library.unt.edu/ark:/67531/metadc4077/m1/47/: accessed October 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.