Goto Section: 64.630 | 64.632 | Table of Contents
FCC 64.631
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 64.631 Verification of orders for change of default TRS providers.
(a) No iTRS provider, either directly or through its numbering partner,
shall initiate or implement the process to change an iTRS user's selection
of a default provider prior to obtaining:
(1) Authorization from the iTRS user, and
(2) Verification of that authorization in accordance with the procedures
prescribed in this section. The new default provider shall maintain and
preserve without alteration or modification all records of verification of
the iTRS user's authorization for a minimum period of five years after
obtaining such verification and shall make such records available to the
Commission upon request. In any case where the iTRS provider is unable,
unwilling or otherwise fails to make such records available to the
Commission upon request, it shall be presumed that the iTRS provider has
failed to comply with its verification obligations under the rules.
(b) Where an iTRS provider is offering more than one type of TRS, that
provider must obtain separate authorization from the iTRS user for each
service, although the authorizations may be obtained within the same
transaction. Each authorization must be verified separately from any other
authorizations obtained in the same transaction. Each authorization must be
verified in accordance with the verification procedures prescribed in this
part.
(c) A new iTRS provider shall not, either directly or through its numbering
partner, initiate or implement the process to change a default provider
unless and until the order has been verified in accordance with one of the
following procedures:
(1) The iTRS provider has obtained the iTRS user's written or electronically
signed authorization in a form that meets the requirements of § 64.632 of
this part; or
(2) An independent third party meeting the qualifications in this subsection
has obtained, in accordance with the procedures set forth in paragraphs
(c)(2)(i) through (iv) of this section, the iTRS user's authorization to
implement the default provider change order that confirms and includes
appropriate verification of registration data with the TRS User Registration
Database as defined in § 64.601(a) of this part. The independent third party
must not be owned, managed, controlled, or directed by the iTRS provider or
the iTRS provider's marketing agent; must not have any financial incentive
to confirm default provider change orders for the iTRS provider or the iTRS
provider's marketing agent; and must operate in a location physically
separate from the iTRS provider or the iTRS provider's marketing agent.
(i) Methods of third party verification. Third party verification systems
and three-way conference calls may be used for verification purposes so long
as the requirements of paragraphs (c)(3)(ii) through (iv) of this section
are satisfied. It shall be a per se violation of these rules if at any time
the iTRS provider, an iTRS provider's marketing representative, or any other
person misleads the iTRS user with respect to the authorization that the
iTRS user is giving, the purpose of that authorization, the purpose of the
verification, the verification process, or the identity of the person who is
placing the call as well as on whose behalf the call is being placed, if
applicable.
(ii) Provider initiation of third party verification. An iTRS provider or an
iTRS provider's marketing representative initiating a three-way conference
call must drop off the call once the three-way connection has been
established.
(iii) Requirements for content and format of third party verification. Any
description of the default provider change transaction by a third party
verifier must not be misleading. At the start of the third party
verification process, the third party verifier shall identify the new
default provider to the iTRS user and shall confirm that the iTRS user
understands that the iTRS user is changing default providers and will no
longer receive service from the iTRS user's current iTRS provider. In
addition, all third party verification methods shall elicit, at a minimum:
The date of the verification; the identity of the iTRS user; confirmation
that the person on the call is the iTRS user; confirmation that the iTRS
user wants to make the default provider change; confirmation that the iTRS
user understands that a default provider change, not an upgrade to existing
service, or any other misleading description of the transaction, is being
authorized; confirmation that the iTRS user understands what the change in
default provider means, including that the iTRS user may need to return any
video equipment belonging to the original default provider; the name of the
new default provider affected by the change; the telephone number of record
to be transferred to the new default provider; and the type of TRS used with
the telephone number being transferred. If the iTRS user has additional
questions for the iTRS provider's marketing representative during the
verification process, the verifier shall instruct the iTRS user that they
are terminating the verification process, that the iTRS user may contact the
marketing representative with additional questions, and that the iTRS user's
default provider will not be changed. The marketing representative may again
initiate the verification process following the procedures set out in this
section after the iTRS user contacts the marketing representative with any
additional questions. Third party verifiers may not market the iTRS
provider's services by providing additional information.
(iv) Other requirements for third party verification. All third party
verifications shall be conducted in the same language and format that were
used in the underlying marketing transaction and shall be recorded in their
entirety. In the case of VRS, this means that if the marketing process was
conducted in American Sign Language (ASL), then the third party verification
shall be conducted in ASL. In the event that the underlying marketing
transaction was conducted via text over IP Relay, such text format shall be
used for the third party verification. The third party verifier shall inform
both the iTRS user and, where applicable, the communications assistant
relaying the call, that the call is being recorded. The third party verifier
shall provide the new default provider an audio, video, or IP Relay
transcript of the verification of the iTRS user authorization. New default
providers shall maintain and preserve audio and video records of
verification of iTRS user authorization in accordance with the procedures
set forth in paragraph (a)(2) of this section.
(d) A new default provider shall implement an iTRS user's default provider
change order within 60 days of obtaining either:
(1) A written or electronically signed letter of agency in accordance with
§ 64.632 of this part or
(2) Third party verification of the iTRS user's default provider change
order in accordance with paragraph (c)(2) of this section. If not
implemented within 60 days as required herein, such default provider change
order shall be deemed void.
(e) At any time during the process of changing an iTRS user's default
provider, and until such process is completed, which is when the new default
provider assumes the role of default provider, the original default provider
shall not:
(1) Reduce the level or quality of iTRS service provided to such iTRS user,
or
(2) Reduce the functionality of any VRS access technology provided by the
iTRS provider to such iTRS user.
(f) An iTRS provider that is certified pursuant to § 64.606(a)(2) of this
part may acquire, through a sale or transfer, either part or all of another
iTRS provider's iTRS user base without obtaining each iTRS user's
authorization and verification in accordance with paragraph (c) of this
section, provided that the acquiring iTRS provider complies with the
following streamlined procedures. An iTRS provider shall not use these
streamlined procedures for any fraudulent purpose, including any attempt to
avoid liability for violations under part 64 of the Commission rules.
(1) Not later than 30 days before the transfer of the affected iTRS users
from the selling or transferring iTRS provider to the acquiring iTRS
provider, the acquiring iTRS provider shall provide notice to each affected
iTRS user of the information specified herein. The acquiring iTRS provider
is required to fulfill the obligations set forth in the advance iTRS user
notice. In the case of VRS, the notice shall be provided as a pre-recorded
video message in American Sign Language sent to all affected iTRS users. In
the case of IP Relay, the notice shall be provided as a pre-recorded text
message sent to all affected iTRS users. The advance iTRS user notice shall
be provided in a manner consistent with 47 U.S.C. 255, 617, 619 and the
Commission's rules regarding accessibility to blind and visually-impaired
consumers, § § 6.3, 6.5, 14.20, and 14.21 of this chapter. The following
information must be included in the advance iTRS user notice:
(i) The date on which the acquiring iTRS provider will become the iTRS
user's new default provider;
(ii) The iTRS user's right to select a different default provider for the
iTRS at issue, if an alternative iTRS provider is available;
(iii) Whether the acquiring iTRS provider will be responsible for handling
any complaints filed, or otherwise raised, prior to or during the transfer
against the selling or transferring iTRS provider, and
(iv) The toll-free customer service telephone number of the acquiring iTRS
provider.
(2) All iTRS users receiving the notice will be transferred to the acquiring
iTRS provider, unless they have selected a different default provider before
the transfer date.
[ 78 FR 40609 , July 5, 2013]
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Goto Section: 64.630 | 64.632
Goto Year: 2014 |
2016
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