§  64.1130   Letter of agency form and content.

   (a) A telecommunications carrier may use a written or electronically
   signed letter of agency to obtain authorization and/or verification of
   a subscriber's request to change his or her preferred carrier
   selection. A letter of agency that does not conform with this section
   is invalid for purposes of this part.

   (b) The letter of agency shall be a separate document (or an easily
   separable document) or located on a separate screen or webpage
   containing only the authorizing language described in paragraph (e) of
   this section having the sole purpose of authorizing a
   telecommunications carrier to initiate a preferred carrier change. The
   letter of agency must be signed and dated by the subscriber to the
   telephone line(s) requesting the preferred carrier change.

   (c) The letter of agency shall not be combined on the same document,
   screen, or webpage with inducements of any kind.

   (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 as 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 subscriber is authorizing a preferred carrier change by
   signing the check. The letter of agency language 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 preferred carrier change order;

   (2) The decision to change the preferred carrier from the current
   telecommunications carrier to the soliciting telecommunications
   carrier;

   (3) That the subscriber designates [insert the name of the submitting
   carrier] to act as the subscriber's agent for the preferred carrier
   change;

   (4) That the subscriber understands that only one telecommunications
   carrier may be designated as the subscriber's interstate or interLATA
   preferred interexchange carrier for any one telephone number. To the
   extent that a jurisdiction allows the selection of additional preferred
   carriers (e.g., local exchange, intraLATA toll, interLATA toll, or
   international interexchange), the letter of agency must contain
   separate statements regarding those choices, although a separate letter
   of agency for each choice is not necessary; and

   (5) That the subscriber may consult with the carrier as to whether a
   fee will apply to the change in the subscriber's preferred carrier.

   (f) Any carrier designated in a letter of agency as a preferred carrier
   must be the carrier directly setting the rates for the subscriber.

   (g) Letters of agency shall not suggest or require that a subscriber
   take some action in order to retain the subscriber's current
   telecommunications carrier.

   (h) If any portion of a letter 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.

   (i) Letters of agency submitted with an electronically signed
   authorization must include the consumer disclosures required by Section
   101(c) of the Electronic Signatures in Global and National Commerce
   Act.

   (j) A telecommunications carrier shall submit a preferred carrier
   change order on behalf of a subscriber within no more than 60 days of
   obtaining a written or electronically signed letter of agency. However,
   letters of agency for multi-line and/or multi-location business
   customers that have entered into negotiated agreements with carriers to
   add presubscribed lines to their business locations during the course
   of a term agreement shall be valid for the period specified in the term
   agreement.

   [ 64 FR 7760 , Feb. 16, 1999. Redesignated at  65 FR 47692 , Aug. 3, 2000,
   as amended at  66 FR 12893 , Mar. 1, 2001;  66 FR 16151 , Mar. 23, 2001;  68 FR 19159 , Apr. 18, 2003;  73 FR 13149 , Mar. 12, 2008]