FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,908
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Federal Communications Commission DA 04-85
Federal Communications Commission
Washington, DC. 20554
In the Matter of )
VarTec Telecom, Inc. IC No. 03-100 787S
Unauthorized Change of )
Subscriber's Telecommunications Carier
Adopted: March 25, 2004 Released: March 31, 2004
By the Deputy Chief Policy Division, Consumer & Goverental Affairs Eureau
1. In this Order, we consider the complaint' alleging that VarTec Telecom, Inc.
(VatTec) changed complainant's telecommunications service provider without obtaining
authorization and verification from Complainant in violation of the Commission's rules We
conclude that VarTec's actions did not result in an unauthorized chage in Complainant's
telecommunications service provider and we deny Complainant's complaint.
2. In December 1998, the Commission released the Section 258 Order in which it
adopted rules to implement Section 258 of the Conmunications Act of 1934 (Act), as ended
by the Telecommunications Act of 1996 (1996 Act).3 Setion 258 prohibits the practce of
slammingng" the submission or execution of an unauthorized change in a subscriber's selection
Informal Complaint No. IC 03-I0078787S, December 9, 2003.
2 See 47 C.FR. 64.1100 - 64 1190.
47 U.S.C. 258(a); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996);
Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996;
Policies and Rules Concerning Unauthorized Changes of Consumers Long Distance Carriers, CC Docket No.
94-129, Second Report and Order and Further Notice of Proposed Rule Making, 14 FCC Red 1508 (1998) (Section
258 Order), stayed in part, MCI WorldCo v. FCC, No. 99-1125 (D.C. Cir. May 18, 1999); First Order on
Reconsideration, 15 FCC Red 8158 (200); st lifted, MCI WorldCom v. FCC, No. 99-1125 (D.C. Cir. June 27,
2000); Third Report and Oder and Second Oider on Reconsideration, 15 FCC Rcd 15996 (2000), Errata, DA No.
00-2163 (rel. Sept. 25, 2000), Erratm, DA No. 00 2192 (rel. Oct. 4, 2000), Order, FCC 01-67 (rel. Feb. 22, 2001);
Third Order on Reconsideration and Second Further Notice of Proposed Rule Maing, 18 FCC Red 5099 (2003);
Order, FCC 03-116, (rel. May 23, 2003). Prior to the adoption of Section 258, the Commission had taken various
steps to address the slamming problem. See, e.g., Policies and Rules Concerning Unauthorized Changes of
Consumers Long Distance Carriers, CC Docket No. 94-129, Report and Order, 10 FCC Red 9560 (1995), stayed
in part, 11 FCC Rcd 856 (1995); Policies and Rules Concerning Changing Long Distance Carriers, CC Docket
No. 91-64, 7 FCC Red 1038 (1992), reconsideration denied, 8 FCC Red 3215 (1993); Investigation f Access and
ivestiture Relatd Tariff, pocket N. 83-1145, Phase , 101 F.CC.2 911, 101 F9CC.2d 935,
reconsideration denied, 102 F.C.C.2d 503 (1985).
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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/m1/49/: accessed March 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.