Goto Section: 64.1140 | 64.1160 | Table of Contents
FCC 64.1150
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 64.1150 Procedures for resolution of unauthorized changes in preferred
carrier.
(a) Notification of alleged unauthorized carrier change. Executing
carriers who are informed of an unauthorized carrier change by a
subscriber must immediately notify both the authorized and allegedly
unauthorized carrier of the incident. This notification must include
the identity of both carriers.
(b) Referral of complaint. Any carrier, executing, authorized, or
allegedly unauthorized, that is informed by a subscriber or an
executing carrier of an unauthorized carrier change shall direct that
subscriber either to the state commission or, where the state
commission has not opted to administer these rules, to the Federal
Communications Commission's Consumer & Governmental Affairs Bureau, for
resolution of the complaint. Carriers shall also inform the subscriber
that he or she may contact and seek resolution from the alleged
unauthorized carrier and, in addition, may contact the authorized
carrier.
(c) Notification of receipt of complaint. Upon receipt of an
unauthorized carrier change complaint, the relevant governmental agency
will notify the allegedly unauthorized carrier of the complaint and
order that the carrier remove all unpaid charges for the first 30 days
after the slam from the subscriber's bill pending a determination of
whether an unauthorized change, as defined by § 64.1100(e), has
occurred, if it has not already done so.
(d) Proof of verification. Not more than 30 days after notification of
the complaint, or such lesser time as is required by the state
commission if a matter is brought before a state commission, the
alleged unauthorized carrier shall provide to the relevant government
agency a copy of any valid proof of verification of the carrier change.
This proof of verification must contain clear and convincing evidence
of a valid authorized carrier change, as that term is defined in
§ § 64.1120 through 64.1130. The relevant governmental agency will
determine whether an unauthorized change, as defined by § 64.1100(e),
has occurred using such proof and any evidence supplied by the
subscriber. Failure by the carrier to respond or provide proof of
verification will be presumed to be clear and convincing evidence of a
violation.
(e) Election of forum. The Federal Communications Commission will not
adjudicate a complaint filed pursuant to § 1.719 or § § 1.720 through
1.736 of this chapter, involving an alleged unauthorized change, as
defined by § 64.1100(e), while a complaint based on the same set of
facts is pending with a state commission.
[ 65 FR 47692 , Aug. 3, 2000, as amended at 68 FR 19159 , Apr. 18, 2003;
73 FR 13149 , Mar. 12, 2008]
Goto Section: 64.1140 | 64.1160
Goto Year: 2010 |
2012
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