Ariz. Admin. Code § 14-2-1905

Current through Register Vol. 30, No. 25, June 21, 2024

Section R14-2-1905 - Verification of Orders for Telecommunications Service

A. A Telecommunications Company shall not submit a change order unless it confirms the order by one of the following methods:

1. The Telecommunications Company obtains the Subscriber's written authorization, including internet enabled authorization with electronic signature, in a form that meets the requirements of this Section.

2. The Telecommunications Company obtains the Subscriber's electronic or voice-recorded authorization for the change that meets the requirements of this Section.

3. An independent third party, qualified under the criteria set forth in subsection (F), obtains and records the Subscriber's verbal authorization for the change that confirms and includes appropriate verification data pursuant to the requirements of this Section.

B. Written authorization obtained by a Telecommunications Company shall:

1. Be a separate document containing only the authorizing language in accordance with verification procedures of this Section,

2. Have the sole purpose of authorizing a Telecommunications Company change, and

3. Be signed and dated by the Subscriber requesting the Telecommunications Company change.

C. A Letter of Agency may be combined with a marketing check subject to the following requirements. The Letter of Agency when combined with a marketing check shall not contain promotional language or material. The Letter of Agency when combined with a marketing check shall have on its face and near the endorsement line a notice in bold-face type that the Subscriber authorizes a Telecommunications Company change by signing the check. The notice shall be in easily readable, bold-face type and shall be written in both English and Spanish, as well as in any other language which was used at any point in the sales transaction. If a Telecommunications Company cannot comply with the requirements of this Section, it may not combine a Letter of Agency with a marketing check.

D. An electronically signed Letter of Agency is valid written authorization.

E. A Telecommunications Company that obtains a Subscriber's electronic voice recorded authorization shall confirm the Customer identification and service change information. If a Telecommunications Company elects to verify sales by electronic voice recorded authorization, it shall establish one or more toll-free telephone numbers exclusively for that purpose. A call to the toll-free number shall connect the Subscriber to a recording mechanism that shall record the following information regarding the Telecommunications Company change:

1. The identity of the Subscriber,

2. Confirmation that the person on the call is authorized to make the Telecommunications Company change,

3. Confirmation that the person on the call wants to make the Telecommunications Company change,

4. The name of the newly authorized Telecommunications Company,

5. The telephone numbers to be switched, and

6. The types of service involved.

F. A Telecommunications Company that verifies a Subscriber's authorization by an independent third party shall comply with the following:

1. The independent third party shall not be owned, managed, or controlled by the Telecommunications Company or the company's marketing agent.

2. The independent third party shall not have any financial incentive to verify that Telecommunications Company change orders are authorized.

3. The independent third party shall operate in a location physically separate from the Telecommunications Company or the company's marketing agent.

4. The independent third party shall inform the Subscriber that the call is being recorded and shall record the Subscriber's authorization to change the Telecommunications Company.

5. All third party verification methods shall elicit and record, at a minimum:

a. The identity of the Subscriber,

b. Confirmation that the person on the call is authorized to make the Telecommunications Company change,

c. Confirmation that the person on the call wants to make the Telecommunications Company change,

d. The name of the newly authorized Telecommunications Company,

e. The telephone numbers to be switched, and

f. The types of service involved.

6. The independent third party shall conduct the verification in the same language as was used in the initial sales transaction.

Ariz. Admin. Code § R14-2-1905

New Section made by final rulemaking at 10 A.A.R. 2409, effective July 23, 2004 (Supp. 04-2).