Current through Reg. 50, No. 13; March 28, 2025
(a) Purpose and
Application.
(1) Purpose. The provisions of
this section are intended to ensure that all customers in this state are
protected from an unauthorized change in a customer's local or long-distance
telecommunications utility.
(2)
Application. This section, including any references in this section to
requirements in 47 Code of Federal Regulations (C.F.R.) Subpart K (entitled
"Changing Long Distance Service"), applies to a "telecommunications utility,"
as that term is defined in §
26.5 of this title (relating to
Definitions). This section does not apply to an unauthorized charge unrelated
to a change in preferred telecommunications utility. Requirements related to
proper authorization for a billing charge by a telecommunication utility are
addressed by §
26.32 of this title (relating to
Protection Against Unauthorized Billing Charges ("Cramming")).
(b) Definitions. The following
words and terms when used in this section have the following meanings unless
the context indicates otherwise:
(1)
Authorized telecommunications utility--Any telecommunications utility that
submits a change request, after obtaining customer authorization with
verification, in accordance with the requirements of this section.
(2) Customer--Any person, including the
person's spouse, in whose name telephone service is billed, including
individuals, governmental units at all levels of government, corporate
entities, and any other entity with legal capacity to request a change in local
service or telecommunications utilities.
(3) Executing telecommunications utility--Any
telecommunications utility that effects a request that a customer's preferred
telecommunications utility be changed. A telecommunications utility may be
treated as an executing telecommunications utility, however, if it is
responsible for any unreasonable delays in the execution of telecommunications
utility changes or for the execution of unauthorized telecommunications utility
changes, including fraudulent authorizations.
(4) Submitting telecommunications
utility--Any telecommunications utility that requests on behalf of a customer
that the customer's preferred telecommunications utility be changed.
(5) Unauthorized telecommunications
utility--Any telecommunications utility that submits a change request that is
not in accordance with the requirements of this section.
(c) Changes in preferred telecommunications
utility.
(1) Changes by a telecommunications
utility. A telecommunications utility is prohibited from submitting or
executing a change on the behalf of a customer in the customer's selection of a
provider of telecommunications service except in accordance with this section.
Before a change order is processed by the executing telecommunications utility,
the submitting telecommunications utility must obtain authorization from the
customer that such change is desired for each affected telephone line and
ensure that verification of the authorization is obtained in accordance with 47
C.F.R. Subpart K. In the case of a change by written solicitation, the
submitting telecommunications utility must obtain verification as specified in
47 C.F.R. Subpart K, and subsection (d) of this section. A change order must be
verified by one of the following methods:
(A)
Written or electronically signed authorization from the customer in a form that
meets the requirements of subsection (d) of this section. A customer must be
provided the option of using another authorization method as an alternative to
an electronically signed authorization.
(B) Electronic authorization placed from the
telephone number which is the subject of the change order, except in exchanges
where automatic recording of the automatic number identification (ANI) from the
local switching system is not technically possible. To verify the electronic
authorization, the submitting telecommunications utility must:
(i) ensure that the electronic authorization
confirms the information described in subsection (d)(3) of this section;
and
(ii) establish one or more
toll-free telephone numbers exclusively for the purpose of verifying the change
so that a customer calling toll-free number will reach a voice response unit or
similar mechanism that records the required information regarding the change
and automatically records the ANI from the local switching system.
(C) Oral authorization by the
customer for the change that meets the following requirements:
(i) The customer's authorization must be
given to an appropriately qualified and independent third party that obtains
appropriate verification data including, at a minimum, the customer's month and
year of birth, the customer's month and day of birth, mother's maiden name, or
the last four digits of the customer's social security number. A corporation or
partnership may provide its federal Employer Identification Number, or last six
digits thereof, and the name and job title of the authorized representative for
the corporation or partnership to satisfy this subparagraph.
(ii) The entirety of the customer's
authorization and the customer's verification of authorization must be
electronically recorded on audio tape, a wave sound file, or other recording
device that is compatible with the commission's equipment.
(iii) The recordings must be dated and
include clear and conspicuous confirmation that the customer authorized the
change in telephone service provider.
(iv) The third party verification must
elicit, at a minimum, the identity of the customer, confirmation that the
person on the call is authorized to make the change in service, the name of
each telecommunications utility affected by the change but not including the
name of the displaced carrier, each telephone number to be switched, and the
type of service involved. The third party verifier must not market or advertise
the telecommunications utility's services by providing additional information,
including information regarding preferred carrier freeze procedures.
(v) The third party verification must be
conducted in the same language used in the sales transaction.
(vi) Automated systems must provide customers
the option of speaking with a live person at any time during the
call.
(vii) A telecommunications
utility or its sales representative initiating a three-way call or a call
through an automated verification system must drop off the call once a
three-way connection with the third party verifier has been established unless:
(I) the telecommunications utility files
sworn written certification with the commission that the sales representative
is unable to drop off the sales call after initiating a third party
verification. Such certification should provide sufficient information as to
each reason for the inability of the sales agent to drop off the line after the
third party verification is initiated. A carrier is exempt from this
requirement for a period of two years from the date the carrier's certification
was filed with the commission;
(II)
a telecommunications utility that seeks to extend the exemption provided under
subclause (I) of this clause must, before the end of the two-year period, and
every two years thereafter, recertify to the commission the utility's continued
inability to comply with this clause.
(viii) The third party verification must
immediately terminate if the sales agent of a telecommunications utility that
has filed a sworn written certification in accordance with clause (vii) of this
subparagraph responds to a customer inquiry or speaks after third party
verification has begun.
(ix) The
independent third party must:
(I) not be
owned, managed, directed or controlled by the telecommunications utility or the
telecommunications utility's marketing agent;
(II) not have financial incentive to confirm
change orders; and
(III) operate in
a location physically separate from the telecommunications utility and the
telecommunications utility's marketing agent.
(2) Changes by customer request
directly to the local exchange company. If a customer requests a change in the
customer's current preferred telecommunications utility by contacting the local
exchange company directly, and that local exchange company is not the chosen
carrier or affiliate of the chosen carrier, the verification requirements in
paragraph (1) of this subsection do not apply. The customer's current local
exchange company must maintain a record of the customer's request for 24
months.
(d) Letters of
Agency (LOA). A written or electronically signed authorization from a customer
for a change of telecommunications utility must use a letter of agency (LOA) as
specified in this subsection:
(1) The LOA must
be a separate or easily separable document or located on a separate screen or
webpage containing only the authorization and verification language described
in paragraph (3) of this subsection for the sole purpose of authorizing the
telecommunications utility to initiate a telecommunications utility change. The
LOA must be fully completed, signed and dated by the customer requesting the
telecommunications utility change. An LOA submitted with an electronically
signed authorization must include the consumer disclosures required by the
Electronic Signatures in Global and National Commerce Act 47 United States Code
§ 7001(c).
(2) The LOA must
not be combined with inducements of any kind on the same document, screen, or
webpage, except that the LOA may be combined with a check as specified in
subparagraphs (A) and (B) of this paragraph:
(A) An LOA combined with a check may contain
only the language set out in paragraph (3) of this subsection, and the
necessary information to make the check a negotiable instrument.
(B) A check combined with an LOA must not
contain any promotional language or material but must contain on the front and
back of the check in easily readable, bold-faced type near the signature line,
a notice similar in content to the following: "By signing this check, I am
authorizing (name of the telecommunications utility) to be my new telephone
service provider for (the type of service that will be
provided)."
(3) LOA
language.
(A) At a minimum, the LOA must be
clearly legible, printed in a text not smaller than 12-point type, and must
contain clear and unambiguous language that includes and confirms:
(i) the customer's billing name and address
and each telephone number to be covered by the preferred telecommunications
utility change order;
(ii) the
decision to change preferred carrier from the current telecommunications
utility to the new telecommunications utility;
(iii) the name of the new telecommunications
utility and that the customer designates the new telecommunications utility to
act as the customer's agent for the preferred carrier change;
(iv) that the customer understands that only
one preferred telecommunications utility may be designated for each type of
service, such as local, intraLATA, and interLATA service, for each telephone
number. The LOA must contain separate statements regarding those choices,
although a separate LOA for each service is not required;
(v) that the customer understands that any
preferred carrier selection the customer chooses may involve a one-time charge
to the customer for changing the customer's preferred telecommunications
utility and that the customer may consult with the carrier as to whether a fee
applies to the change; and
(vi)
appropriate verification data, including, at a minimum, the customer's month
and year of birth, the customer's month and day of birth, mother's maiden name,
or the last four digits of the customer's social security number. A corporation
or partnership may provide a federal Employer Identification Number, or last
six digits thereof, and the name and job title of the authorized representative
of the corporation or partnership to satisfy the requirements of this
subparagraph.
(B) Any
telecommunications utility designated in a LOA as the customer's preferred and
authorized telecommunications utility must be the carrier directly setting
rates for the customer.
(C) The
following LOA form meets the requirements of this subsection. Other versions
may be used, but must comply with all of the requirements of this subsection.
Attached Graphic
(4) The LOA must not
require or suggest that a customer take some action to retain the customer's
current telecommunications utility.
(5) If any portion of an LOA is translated
into another language, then all portions of the LOA must be translated into
that language. Every LOA must be translated into the same language as
promotional materials, oral descriptions or instructions provided with the
LOA.
(6) The submitting
telecommunications utility must submit a change order on behalf of a customer
within 60 days after obtaining a written or electronically signed LOA from the
customer except LOAs relating to multi-line and/or multi-location business
customers that have entered into negotiated agreements with a
telecommunications utility to add presubscribed lines to their business
locations during the course of a term agreement must be valid for the period
specified in the term agreement.
(e) Notification of alleged unauthorized
change.
(1) When a customer informs an
executing telecommunications utility of an alleged unauthorized
telecommunications utility change, the executing telecommunications utility
must immediately notify both the authorized and alleged unauthorized
telecommunications utility of the incident.
(2) Any telecommunications utility,
executing, authorized, or alleged unauthorized, that is informed of an alleged
unauthorized telecommunications utility change must direct the customer to
contact the Public Utility Commission of Texas for resolution of the
complaint.
(3) The alleged
unauthorized telecommunications utility must remove all unpaid charges pending
a determination of whether an unauthorized change occurred.
(4) The alleged unauthorized
telecommunications utility may challenge a complainant's allegation of an
unauthorized change by notifying the complainant in writing to file a complaint
with the Public Utility Commission of Texas within 30 days after the customer's
assertion of an unauthorized switch to the alleged unauthorized
telecommunications utility. If the complainant does not file a complaint within
30 days, the unpaid charges may be reinstated.
(5) The alleged unauthorized
telecommunications utility must take all actions within its control to
facilitate the customer's prompt return to the original telecommunications
utility within three working days of the customer's request.
(6) The alleged unauthorized
telecommunications utility must also be liable to the customer for any charges
assessed to change the customer from the authorized telecommunications utility
to the alleged unauthorized telecommunications utility in addition to charges
assessed for returning the customer to the authorized telecommunications
utility.
(f) Unauthorized
changes.
(1) Responsibilities of the
telecommunications utility that initiated the change. If a customer's
telecommunications utility is changed without verification consistent with this
section, the telecommunications utility that initiated the unauthorized change
must:
(A) take all actions within its control
to facilitate the customer's prompt return to the original telecommunications
utility within three working days of the customer's request;
(B) pay all charges associated with returning
the customer to the original telecommunications utility within five working
days of the customer's request;
(C)
provide all billing records to the original telecommunications utility related
to the unauthorized change of services within ten working days of the
customer's request;
(D) pay, within
30 working days of the customer's request, the original telecommunications
utility any amount paid to it by the customer that would have been paid to the
original telecommunications utility if the unauthorized change had not
occurred;
(E) return to the
customer within 30 working days of the customer's request:
(i) any amount paid by the customer for
charges incurred during the first 30 calendar days after the date of an
unauthorized change; and
(ii) any
amount paid by the customer after the first 30 calendar days in excess of the
charges that would have been charged if the unauthorized change had not
occurred;
(F) remove all
unpaid charges; and
(G) pay the
original telecommunications utility for any billing and collection expenses
incurred in collecting charges from the unauthorized telecommunications
utility.
(2)
Responsibilities of the original telecommunications utility. The original
telecommunications utility must:
(A) inform
the telecommunications utility that initiated the unauthorized change of the
amount that would have been charged for identical services if the unauthorized
change had not occurred, within ten working days of the receipt of the billing
records required under paragraph (1)(C) of this subsection;
(B) where possible, provide to the customer
all benefits associated with the service, such as frequent flyer miles, that
would have been awarded had the unauthorized change not occurred, upon
receiving payment for service provided during the unauthorized
change;
(C) maintain a record of
customers that experienced an unauthorized change in telecommunications
utilities that contains:
(i) the name of the
telecommunications utility that initiated the unauthorized change;
(ii) each telephone number affected by the
unauthorized change;
(iii) the date
the customer asked the telecommunications utility that made the unauthorized
change to return the customer to the original telecommunications utility;
and
(iv) the date the customer was
returned to the original telecommunications utility; and
(D) not bill the customer for any charges
incurred during the first 30 calendar days after the unauthorized change, but
may bill the customer for unpaid charges incurred after the first 30 calendar
days based on what it would have charged if the unauthorized change had not
occurred.
(g)
Notice of customer rights.
(1) Each
telecommunications utility must make available to its customers the notice set
out in paragraph (3) of this subsection.
(2) Each notice provided under paragraph
(5)(A) of this subsection must contain the name, address and telephone numbers
where a customer can contact the telecommunications utility.
(3) Customer notice. The notice must state:
Attached Graphic
(4) The customer notice
requirements in paragraph (3) of this subsection may be combined with the
notice requirements of §
26.32(g)(1) and
(2) of this title (relating to Protection
Against Unauthorized Billing Charges ("Cramming")) if all of the information
required by each is in the combined notice.
(5) Language, distribution and timing of
notice.
(A) Telecommunications utilities must
send the notice to new customers at the time service is initiated, and upon
customer request.
(B) Each
telecommunications utility must print the notice in the white pages of its
telephone directories, beginning with any directories published 30 calendar
days after the effective date of this section and thereafter. The notice that
appears in the directory is not required to list the information contained in
paragraph (2) of this subsection.
(C) The notice must be in plain English and
Spanish as necessary to adequately inform the customer. The commission may
exempt a telecommunications utility from the Spanish requirement if the
telecommunications utility shows that 10% or fewer of its customers are
exclusively Spanish-speaking, and that the telecommunications utility will
notify all customers through a statement in plain English and Spanish that the
information is available in Spanish by mail from the telecommunications utility
or at the utility's offices.
(h) Compliance and enforcement.
(1) Records of customer verifications and
unauthorized changes.
(A) The submitting
telecommunications utility must maintain records of all change orders,
including verifications of customer authorizations, for a period of 24 months
and must provide such records to the customer, if the customer challenges the
change.
(B) A telecommunications
utility must provide a copy of records maintained under the requirements of
subsections (c), (d), and (f)(2)(C) of this section to the commission staff 21
calendar days from the date the records were requested by commission
staff.
(C) The proof of
authorization and verification of authorization as required from the alleged
unauthorized telecommunications utility in accordance with subparagraph (B) of
this paragraph and paragraph (2)(A) of subsection (l) must establish a valid
authorized telecommunications utility change as defined by subsections (c) and
(d) of this section. Failure by the alleged unauthorized telecommunications
utility to timely submit a response that addresses the complainant's
assertions, relating to an unauthorized change, within the time specified in
subparagraph (B) of this paragraph or paragraph (2) of subsection (l)
establishes a violation of this section.
(2) Administrative penalties. If the
commission finds that a telecommunications utility is in violation of this
section, the commission will order the utility to take corrective action as
necessary, and the utility may be subject to administrative penalties in
accordance with Public Utility Regulatory Act (PURA) §15.023 and
§15.024.
(3) Evidence.
Evidence supplied by the customer that meets the standards set out in Texas
Government Code §
2001.081, including
one or more affidavits from a customer challenging the change, is admissible in
a proceeding to enforce the provisions of this section.
(4) Certificate revocation. The commission
may suspend, restrict, deny, or revoke the registration or certificate,
including an amended certificate, of a telecommunications utility, denying the
telecommunications utility the right to provide service in this state, in
accordance with the provisions of either PURA §17.052 or PURA
§55.306.
(5) Coordination with
the office of the attorney general. The commission will coordinate its
enforcement efforts regarding the prosecution of fraudulent, unfair,
misleading, deceptive, and anticompetitive business practices with the Office
of the Attorney General to ensure consistent treatment of specific alleged
violations.
(i) Notice of
identity of a customer's telecommunications utility. Any bill for
telecommunications services must contain the following information in clear,
bold type in each bill sent to a customer. Where charges for multiple lines are
included in a single bill, this information must appear on the first page of
the bill if possible, or be displayed prominently elsewhere in the bill:
(1) The name and telephone number of the
telecommunications utility providing local exchange service if the bill is for
local exchange service.
(2) The
name and telephone number of the primary interexchange carrier if the bill is
for interexchange service.
(3) The
name and telephone number of the local exchange and interexchange providers if
the local exchange provider is billing for the interexchange carrier. The
commission may, for good cause, waive this requirement in exchanges served by
incumbent local exchange companies serving 31,000 access lines or
less.
(4) A statement that
customers who believe they have been slammed may contact the Public Utility
Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, (512) 936-7120
or in Texas (toll-free) 1 (888) 782-8477, e-mail address:
consumer@puc.texas.gov. Hearing and speech-impaired individuals may contact the
commission through Relay Texas at 1-800-735-2989. This statement may be
combined with the statement requirements of §
26.32(g)(4) of
this title if all of the information required by each is in the combined
statement.
(j) Preferred
telecommunications utility freezes.
(1)
Purpose. A preferred telecommunications utility freeze ("freeze") prevents a
change in a customer's preferred telecommunications utility selection unless
the customer consents to the local exchange company that implemented the
freeze.
(2) Nondiscrimination. All
local exchange companies that offer freezes must offer freezes on a
nondiscriminatory basis to all customers regardless of the customer's
telecommunications utility selection except for local telephone
service.
(3) Type of service.
Customer information on freezes must clearly distinguish between intraLATA and
interLATA telecommunications services. The local exchange company offering a
freeze must obtain separate authorization for each service for which a freeze
is requested.
(4) Freeze
information. All information provided by a telecommunications utility about
freezes have the sole purpose of educating customers and providing information
in a neutral way to allow the customer to make an informed decision, and must
not market or induce the customer to request a freeze. The freeze information
provided to customers must include:
(A) a
clear, neutral explanation of what a freeze is and what services are subject to
a freeze;
(B) instructions on
lifting a freeze that make it clear that these steps are in addition to
required verification for a change in preferred telecommunications
utility;
(C) an explanation that
the customer will be unable to make a change in telecommunications utility
selection unless the customer lifts the freeze, including information
describing the specific procedures by which the freeze may be lifted;
and
(D) a statement that there is
no charge to the customer to impose or lift a freeze.
(5) Freeze verification. A local exchange
company must not implement a freeze unless the customer's request is verified
using one of the following procedures:
(A) A
written and signed or electronically signed authorization that meets the
requirements of paragraph (6) of this subsection.
(B) An electronic authorization placed from
the telephone number on which a freeze is to be imposed. The electronic
authorization must confirm appropriate verification data including the
customer's month and year of birth, the customer's month and day of birth,
mother's maiden name, or the last four digits of the customer's social security
number and the information required in paragraph (6)(G) of this subsection. A
corporation or partnership may provide a federal Employer Identification
Number, or last six digits thereof, and the name and job title of the
authorized representative of the corporation or partnership to satisfy the
requirements of this subparagraph. The local exchange company must establish
one or more toll-free telephone numbers exclusively for this purpose. Calls to
the number will connect the customer to a voice response unit or similar
mechanism that records the information including the originating ANI.
(C) An appropriately qualified independent
third party obtains the customer's oral authorization to submit the freeze that
includes and confirms appropriate verification data as required by subparagraph
(B) of this paragraph. This must include clear and conspicuous confirmation
that the customer authorized a freeze. The independent third party must:
(i) not be owned, managed, or directly
controlled by the local exchange company or the local exchange company's
marketing agent;
(ii) not have
financial incentive to confirm freeze requests; and
(iii) operate in a location physically
separate from the local exchange company and its marketing agent.
(D) Any other method approved by
Federal Communications Commission rule or order granting a waiver.
(6) Written authorization. A
written freeze authorization must:
(A) be a
separate or easily separable document with the sole purpose of imposing a
freeze;
(B) be signed and dated by
the customer;
(C) not be combined
with inducements of any kind;
(D)
be completely translated into another language if any portion is
translated;
(E) be translated into
the same language as any educational materials, oral descriptions, or
instructions provided with the written freeze authorization;
(F) be printed with readable type of
sufficient size to be clearly legible; and
(G) contain clear and unambiguous language
that confirms:
(i) the customer's name,
address, and each telephone number to be covered by the freeze;
(ii) the decision to impose a freeze on each
telephone number and the particular service with a separate statement for each
service to be frozen;
(iii) that
the customer understands that a change in telecommunications utility cannot be
made unless the customer lifts the freeze; and
(iv) that the customer understands that there
is no charge for imposing or lifting a freeze.
(7) Lifting freezes. A local exchange company
that executes a freeze request must allow customers to lift a freeze by:
(A) written and signed or electronically
signed authorization stating the customer's intent to lift a freeze;
(B) oral authorization stating an intent to
lift a freeze confirmed by the local exchange company with appropriate
confirmation verification data as indicated in paragraph (5)(B) of this
subsection;
(C) a three-way
conference call with the local exchange company, the telecommunications utility
that will provide the service, and the customer with appropriate confirmation
verification data from the customer as indicated in paragraph (5)(B) of this
subsection; or
(D) any other method
approved by Federal Communications Commission rule or order granting a
waiver.
(8) No customer
charge. The customer must not be charged for imposing or lifting a
freeze.
(9) Local service freeze
prohibition. A local exchange company must not impose a freeze on local
telephone service.
(10) Marketing
prohibition. A local exchange company must not initiate any marketing of its
services during the process of implementing or lifting a freeze.
(11) Freeze records retention. A local
exchange company must maintain records of all freezes and verifications for a
period of 24 months and must provide these records to customers and to the
commission staff upon request.
(12)
Suggested freeze information language. A telecommunications utility that
informs a customer about freezes may use the following language. Other versions
may be used, but must comply with all of the requirements of paragraph (4) of
this subsection.
(13) Suggested
freeze authorization form. The following form is recommended for written
authorization from a customer requesting a freeze. Other versions may be used,
but must comply with all of the requirements of paragraph (6) of this
subsection.
Attached Graphic
(14) Suggested freeze lift form.
The following form is recommended for written authorization to lift a freeze.
Other versions may be used, but must comply with all of the requirements of
paragraph (7) of this subsection.
Attached Graphic
(k) Transferring
customers from one telecommunications utility to another.
(1) A telecommunications utility may acquire,
through a sale or transfer, either part or all of another telecommunications
utility's customer base without obtaining each customer's authorization and
verification in accordance with subsection (c)(1) of this section, provided
that the acquiring utility complies with this section. Any telecommunications
utility that will acquire customers from another telecommunications utility
that will no longer provide service due to acquisition, merger, bankruptcy or
any other reason, must provide notice to each affected customer. The notice
must be in a billing insert or separate mailing at least 30 calendar days prior
to the transfer of any customer. If legal or regulatory constraints prevent
sending the notice at least 30 calendar days prior to the transfer, the notice
must be sent promptly after all legal and regulatory conditions are met. The
notice must:
(A) identify the current and
acquiring telecommunications utilities;
(B) explain why the customer will not be able
to remain with the current telecommunications utility;
(C) explain that the customer has a choice of
selecting a service provider and may select the acquiring telecommunications
utility or any other telecommunications utility and that the customer may incur
a charge if the customer selects another telecommunications utility;
(D) explain that if the customer wants
another telecommunications utility, the customer should contact that
telecommunications utility or the local telephone company;
(E) explain the time frame for the customer
to make a selection and what will happen if the customer makes no
selection;
(F) identify the
effective date that customers will be transferred to the acquiring
telecommunications utility;
(G)
provide the rates and conditions of service of the acquiring telecommunications
utility and how the customer will be notified of any changes;
(H) explain that the customer will not incur
any charges associated with the transfer;
(I) explain whether the acquiring carrier
will be responsible for handling complaints against the transferring carrier;
and
(J) provide a toll-free
telephone number for a customer to call for additional information.
(2) The acquiring
telecommunications utility must provide the commission with a copy of the
notice when it is sent to customers.
(l) Complaints to the commission. A customer
may file a complaint with the commission's CPD against a telecommunications
utility for any reasons related to the provisions of this section.
(1) Customer complaint information. CPD may
request, at a minimum, the following information:
(A) the customer's name, address, and
telephone number;
(B) a brief
description of the facts of the complaint;
(C) a copy of the customer's and spouse's
legal signature; and
(D) a copy of
the most recent phone bill and any prior phone bill that shows the switch in
carrier.
(2)
Telecommunications utility's response to complaint. After review of a
customer's complaint, CPD must forward the complaint to the telecommunications
utility. The telecommunications utility must respond to CPD within 21 calendar
days after CPD forwards the complaint. The telecommunications utility's
response must include the following:
(A) all
documentation related to the authorization and verification used to switch the
customer's service; and
(B) all
corrective actions taken as required by subsection (f) of this section, if the
switch in service was not verified in accordance with subsections (c) and (d)
of this section.
(3) CPD
investigation. CPD must review all of the information related to the complaint
and make a determination on whether or not the telecommunications utility
complied with the requirements of this section. CPD must inform the complainant
and the alleged unauthorized telecommunications utility of the results of the
investigation and identify any additional corrective actions that may be
required. CPD must also inform, if known, the authorized telecommunications
utility if there was an unauthorized change in service.
(m) Additional requirements for changes
involving certain telecommunications utilities.
(1) Definitions. The following words and
terms, when used in this subsection, have the following meanings unless the
context clearly indicates otherwise.
(A) Local
service provider (LSP)--the certified telecommunications utility chosen by a
customer to provide local exchange service to that customer.
(B) Old local service provider (old LSP)--The
local service provider immediately preceding the change to a new local service
provider.
(C) New local service
provider (new LSP)--The local service provider from which the customer requests
new service.
(D) Primary
interexchange carrier (PIC)--the provider chosen by a customer to carry that
customer's toll calls. For the purposes of this subsection, any reference to
primary interexchange carrier refers to both interLATA and intraLATA toll
carriers.
(E) Old primary
interexchange carrier (old PIC)--The primary interexchange carrier immediately
preceding the change to a new primary interexchange carrier.
(F) New primary interexchange carrier (new
PIC)--The primary interexchange carrier from which the customer requests new
service or continuing service after changing local service providers.
(G) Change execution--means the date the LSP
initially has knowledge of the PIC or LSP change in the switch.
(2) Contents and delivery of
notice required by paragraphs (3) and (4) of this subsection.
(A) Notice must contain at least:
(i) the effective date of the change in the
switch;
(ii) the customer's billing
name, address, and number; and
(iii) any other information necessary to
implement the change.
(B)
If an LSP does not otherwise have the appropriate contact information for
notifying a PIC, then the LSP's notification to the PIC must be deemed complete
upon delivery of the notice to the PIC's address, facsimile number or e-mail
address listed in the appropriate utility directory maintained by the
commission.
(3)
Notification requirements for change in PIC only. The LSP must notify the old
PIC and the new PIC of the PIC change within five working days of the change
execution.
(A) The new PIC must initiate
billing the customer for presubscribed services within five working days after
receipt of such notice.
(B) The old
PIC must discontinue billing the customer for presubscribed services within
five working days after receipt of such notice.
(4) Notification requirements for change in
LSP.
(A) Requirement of the new LSP to notify
the old LSP. Within five working days of the change execution, the new LSP must
notify the old LSP of the change in the customer's LSP.
(B) Requirement of the new LSP to notify the
new PIC. Within five working days of the change execution, the new LSP must
notify the new PIC of the customer's selection of such PIC as the customer's
PIC.
(C) Requirement of the old LSP
to notify the old PIC. Within five working days of the old LSP's receipt of
notice in accordance with to subparagraph (A) of this paragraph, the old LSP
must notify the old PIC that the old LSP is no longer the customer's
LSP.
(5) Requirements of
the new PIC to initiate billing customer. If the new PIC receives notice in
accordance with paragraph (4)(B) of this subsection, within five working days
after receipt of such notice, the new PIC must initiate billing the customer
for presubscribed services.
(6)
Requirements of the old PIC to discontinue billing customer. If the old PIC
receives notice in accordance with paragraph (4)(C) of this subsection that the
old LSP is no longer the customer's LSP, the old PIC must discontinue billing
the customer for presubscribed services within seven working days after receipt
of such notice, unless the new LSP notifies the old PIC that it is the new PIC
in accordance with paragraph (4)(B) of this subsection.