Sec. 64.1150  Letter of agency form and content.

    (a) An interchange carrier shall obtain any necessary written 
authorization from a subscriber for a primary interexchange carrier 
change by using a letter of agency as specified in this section. Any 
letter of agency that does not conform with this section is invalid.
    (b) The letter of agency shall be a separate document (an easily 
separable document containing only the authorizing language described in 
paragraph (e) of this section) whose sole purpose is to authorize an 
interexchange carrier to initiate a primary interexchange carrier 
change. The letter of agency must be signed and dated by the subscriber 
to the telephone line(s) requesting the primary interexchange carrier 
change.

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    (c) The letter of agency shall not be combined with inducements of 
any kind on the same document.
    (d) Notwithstanding paragraphs (b) and (c) of this section, the 
letter of agency may be combined with checks that contain only the 
required letter of agency language prescribed in paragraph (e) of this 
section and the necessary information to make the check a negotiable 
instrument. The letter of agency check shall not contain any promotional 
language or material. The letter of agency check shall contain, in 
easily readable, bold-face type on the front of the check, a notice that 
the consumer is authorizing a primary interexchange carrier change by 
signing the check. The letter of agency language also shall be placed 
near the signature line on the back of the check.
    (e) At a minimum, the letter of agency must be printed with a type 
of sufficient size and readable type to be clearly legible and must 
contain clear and unambiguous language that confirms:
    (1) The subscriber's billing name and address and each telephone 
number to be covered by the primary interexchange carrier change order;
    (2) The decision to change the primary interexchange carrier from 
the current interexchange carrier to the prospective interexchange 
carrier;
    (3) That the subscriber designates the interexchange carrier to act 
as the subscriber's agent for the primary interexchange carrier change;
    (4) That the subscriber understands that only one interexchange 
carrier may be designated as the subscriber's interstate or interLATA 
primary interexchange carrier for any one telephone number. To the 
extent that a jurisdiction allows the selection of additional primary 
interexchange carriers (e.g., for intrastate, intraLATA or international 
calling), the letter of agency must contain separate statements 
regarding those choices. Any carrier designated as a primary 
interexchange carrier must be the carrier directly setting the rates for 
the subscriber. One interexchange carrier can be both a subscriber's 
interstate or interLATA primary interexchange carrier and a subscriber's 
intrastate or intraLATA primary interexchange carrier; and
    (5) That the subscriber understands that any primary interexchange 
carrier selection the subscriber chooses may involve a charge to the 
subscriber for changing the subscriber's primary interexchange carrier.
    (f) Letters of agency shall not suggest or require that a subscriber 
take some action in order to retain the subscriber's current 
interexchange carrier.
    (g) If any portion of aletter of agency is translated into another 
language, then all portions of the letter of agency must be translated 
into that language. Every letter of agency must be translated into the 
same language as any promotional materials, oral descriptions or 
instructions provided with the letter of agency.

[ 60 FR 35853 , July 12, 1995, as amended at  62 FR 43481 , Aug. 14, 1997]

    Effective Date Note: At  62 FR 43481 , Aug. 14, 1997, Sec. 64.1150 was 
amended by revising paragraphs (e)(4) and (g). These amendments contain 
information collection requirements and will not become effective until 
approval has been given by the Office of Management and Budget.

            Subpart L--Restrictions on Telephone Solicitation