Administrative Rules of Montana
Department 38 - PUBLIC SERVICE REGULATION
Chapter 38.5 - UTILITY DIVISION
Subchapter 38.5.38 - Unauthorized Change of Provider
Rule 38.5.3817 - SOLICITATION AND IMPOSITION OF PREFERRED CARRIER FREEZES
Universal Citation: MT Admin Rules 38.5.3817
Current through Register Vol. 18, September 20, 2024
(1) All carrier-provided solicitation and other materials regarding preferred carrier freezes must include:
(a) an explanation, in clear and neutral
language, of what a preferred carrier freeze is and what services may be
subject to a freeze;
(b) a
description of the specific procedures necessary to lift a preferred carrier
freeze, including an explanation that:
(i)
these steps are in addition to the commission's verification rules in ARM
38.5.3801 and
38.5.3802 for changing a
subscriber's preferred carrier selections; and
(ii) the subscriber will be unable to make a
change in carrier selection unless he or she lifts the freeze; and
(c) an explanation of any charges
associated with the preferred carrier freeze.
(2) No local exchange carrier shall implement a preferred carrier freeze unless the subscriber's request to impose a freeze has first been confirmed in accordance with one of the following procedures:
(a) the local exchange carrier has obtained
the subscriber's written and signed authorization in a form that meets the
requirements of (3); or
(b) the
local exchange carrier has obtained the subscriber's electronic authorization,
placed from the telephone number(s) on which the preferred carrier freeze is to
be imposed, to impose a preferred carrier freeze. The electronic authorization
should confirm appropriate verification data (e.g., the subscriber's date of
birth or social security number) and the information required by (3) (b) (i)
through (iv). Telecommunications carriers electing to confirm preferred carrier
freeze orders electronically shall establish one or more toll-free telephone
numbers exclusively for that purpose. Calls to the number(s) will connect a
subscriber to a voice response unit, or similar mechanism that records the
required information regarding the preferred carrier freeze request, including
automatically recording the originating automatic numbering identification;
or
(c) an appropriately qualified
independent third party has obtained the subscriber's oral authorization to
submit the preferred carrier freeze and confirmed the appropriate verification
data (e.g., the subscriber's date of birth or social security number) and the
information required by (3) (b) (i) through (iv). The independent third party
must:
(i) not be owned, managed, or directly
controlled by the carrier or the carrier's marketing agent;
(ii) not have any financial incentive to
confirm preferred carrier freeze requests for the carrier or the carrier's
marketing agent; and
(iii) operate
in a location physically separate from the carrier or the carrier's marketing
agent. The content of the verification must include clear and conspicuous
confirmation that the subscriber has authorized a preferred carrier
freeze.
(3) A local exchange carrier may accept a subscriber's written and signed authorization to impose a freeze on his or her preferred carrier selection. Written authorization that does not conform with this rule is invalid and may not be used to impose a preferred carrier freeze.
(a) The written authorization shall comply
with ARM 38.5.3802(2), (3) and
(7) concerning the form and content for
letters of agency.
(b) At a
minimum, the written authorization must be printed with a readable type of
sufficient size to be clearly legible and must contain clear and unambiguous
language that confirms:
(i) the subscriber's
billing name and address and the telephone number(s) to be covered by the
preferred carrier freeze;
(ii) the
decision to place a preferred carrier freeze on the telephone number(s) and
particular service(s). To the extent that a jurisdiction allows the imposition
of preferred carrier freezes on additional preferred carrier selections (e.g.,
for local exchange, intraLATA/intrastate toll, interLATA/interstate toll
service, and international toll), the authorization must contain separate
statements regarding the particular selections to be frozen;
(iii) that the subscriber understands that
she or he will be unable to make a change in carrier selection unless she or he
lifts the preferred carrier freeze; and
(iv) that the subscriber understands that any
preferred carrier freeze may involve a charge to the subscriber.
69-3-822 and 69-3-1304, MCA; IMP, 69-3-102, 69-3-201 and 69-3-1303, MCA;
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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