4 Colo. Code Regs. § 723-2-2310

Current through Register Vol. 47, No. 20, October 25, 2024

Section 4 CCR 723-2-2310 - Changing Providers of Interexchange Telecommunications Service/Carrier Presubscription

(a) The following definitions apply only in the context of this rule.

(I) "Authorized carrier" means any interexchange telecommunications carrier chosen by the subscriber in accordance with the procedures specified in this rule. Authorized carrier can refer to a POLR, an intraLATA long distance carrier or an interLATA long distance carrier.

(II) "Electronic authorization" means approval for any carrier change that is initiated by a telephone call, either by the subscriber or by an independent third party.

(III) "Executing carrier" means any interexchange telecommunications carrier that implements a request that a subscriber's telecommunications carrier be changed.

(IV) "Slamming" means any change in an end-use subscriber's presubscription to a telecommunications service that is made without appropriate consent of the customer.

(V) "Submitting carrier" means any interexchange telecommunications carrier that requests that the subscriber's telecommunications carrier be changed.

(VI) "Subscriber" means any one of the following:

(A) the party identified in the account records of an interexchange carrier as responsible for payment of the telephone bill;

(B) any adult person authorized by such party to change interexchange telecommunications services or to charge services to the account; or

(C) any person (e.g., a payphone agent or building owner) who is contractually or otherwise lawfully authorized to represent such party.

(VII) "Unauthorized carrier" means any interexchange telecommunications carrier that is providing telecommunications service to a subscriber without the subscriber's authorization.

(VIII) "Unauthorized change" means a change to a subscriber's carrier of interexchange telecommunications service that is made without the subscriber's authorization in accordance with the procedures specified in this rule.

(b) Verification of orders for service.

(I) No interexchange telecommunications carrier shall submit or execute a change in a subscriber's authorized carrier except in accordance with the procedures in this rule.

(II) No submitting carrier shall request a change in a subscriber's authorized carrier prior to obtaining the subscriber's authorization by one of the following methods:

(A) A written or electronically signed (Internet or e-mail) letter of agency.

(i) A submitting carrier shall obtain a written or electronically signed letter of agency to obtain authorization to change a subscriber's authorized carrier. Any letter of agency that does not conform to this rule is void.

(ii) The letter of agency shall be a separate document or shall be located on a separate screen or web page including only the authorizing language described below. The sole purpose of the letter of agency is to authorize a carrier change. The letter of agency shall be signed and dated by the subscriber. The letter of agency shall not be combined with inducements of any kind on the same document, screen or web page. A letter of agency shall not be valid if it is presented to the customer for signature in connection with a sweepstakes or other game of chance.

(iii) The letter of agency may be combined with checks that include only the required letter of agency language prescribed and the necessary information to make the check a negotiable instrument. The letter of agency check shall not include any promotional language or material. The letter of agency check shall include, in easily readable, bold-faced type on the front of the check, a notice that the subscriber is authorizing a carrier change by signing the check. The letter of agency language also shall be placed near the signature line on the back of the check.

(iv) At a minimum, the letter of agency shall be printed in a sufficiently sized and readable type to be clearly legible and shall include clear and unambiguous language, in separate statements, that confirms: the subscriber's billing name and address, and each telephone number to be covered by the authorized carrier change order; the decision to change the authorized carrier from the current telecommunications carrier to the soliciting carrier; the subscriber's approval for the submitting carrier to act as the subscriber's agent for the respective authorized carrier change; the subscriber's understanding that one carrier can be, but does not have to be, the subscriber's authorized carrier for local exchange, intraLATA toll, and interLATA toll services (or any combination of these services) for any one telephone number (although a separate letter of agency for each choice is not necessary); and the subscriber's understanding that a change in an authorized carrier may involve a charge to the subscriber.

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

(vi) 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.

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

(B) Telephone call initiated by a subscriber. The subscriber must place a telephone call to the carrier of choice. The carrier shall obtain the subscriber's authorization that must confirm the subscriber's billing name and address, the decision to change to the new carrier, and the subscriber's understanding of the executing carrier's change fee. The submitting carrier electing to confirm a change in service electronically shall establish one or more toll free telephone numbers exclusively for that purpose. Calls to the toll free number(s) shall connect a subscriber to a voice response unit or similar mechanism that records the required information regarding the carrier change, including automatically recording the originating number using Automatic Number Identification (ANI).

(C) Third-party verification.

(i) An independent third-party verifier shall not be owned, managed, controlled, or directed by the carrier or the carrier's marketing agent; shall not have any financial incentive to confirm authorized carrier change orders for the carrier or the carrier's marketing agent; and shall operate in a location physically separate from the carrier or carrier's marketing agent.

(ii) Automated third-party verification may be used for verification purposes as long as the requirements of subparagraphs (II)(C)(iii) and (iv) are satisfied.

(iii) A carrier or carrier's sales representative initiating a call through an automated verification system shall drop off the call once the three-way connection has been established.

(iv) All third-party verification methods shall elicit, at a minimum: the identity of the subscriber; confirmation that the person on the call is authorized to make the carrier change; confirmation that the person on the call intends to make the carrier change; the telephone number(s) to be switched; and the types of services involved in the change. Third-party verifiers may not market the carrier's services by providing additional information, including information regarding authorized carrier freeze procedures.

(v) All third-party verifications shall be conducted in the same language that was used in the underlying sales transaction and shall be recorded in their entirety. Automated systems shall provide customers with an option to speak with a live person at any time during the call.

(c) An interexchange telecommunications carrier shall submit an authorized carrier change on behalf of a subscriber within three days of obtaining the subscriber's authorization.

(d) Each HCSM recipient's TOS shall describe the subscribers' options, if any, regarding freezing their authorized carriers.

(e) Enforcement.

(I) A carrier that violates any provision included in these rules is subject to enforcement and penalties as provided in Articles 1-7 and 15 of Title 40, C.R.S.

(II) Upon notification from a subscriber of a change to another interexchange telecommunications carrier without authorization, the executing carrier shall switch the subscriber's line(s) back to the authorized carrier at no charge to the subscriber.

(III) An interexchange telecommunications carrier that initiates an unauthorized change in a subscriber's authorized interexchange telecommunications carrier, i.e., an unauthorized carrier, in violation of this section is liable:

(A) to the subscriber, the subscriber's previously selected carrier, or both, as determined by the Commission, for all intrastate long distance charges, all interstate long distance charges, local exchange charges, carrier switching fees, the value of any premiums to which the customer would have been entitled, and other relevant charges incurred by the subscriber during the period of the unauthorized change; and

(B) to the executing carrier for the change fees associated with the unauthorized change.

(f) Waiver for the sale or transfer of subscribers.

(I) A HCSM recipient or ETC that acquires, through a sale or transfer, part or all of another carrier's subscriber base, shall comply with all the following provisions:

(A) No later than 45 days prior to the planned transfer of the affected subscribers from one carrier to another, the acquiring carrier shall file with the Commission an application for waiver of this rule. The application shall include the names of the parties to the transaction, the types of telecommunications services to be provided to the affected subscribers, and the proposed date of the transfer. This application for waiver shall also include a copy of the notice that will be sent to the affected subscribers.

(B) The notice to subscribers shall be provided at least 45 days prior to the transfer or sale. The acquiring carrier is required to fulfill the obligations set forth in the notice. The notice shall, in addition to the requirements of paragraph 2002(d)(I) - (XII), include:

(i) the proposed date on which the transfer will occur;

(ii) the rates, charges, terms, and conditions of the service(s) to be provided by the acquiring carrier upon the transfer or sale;

(iii) a statement that the acquiring carrier will be responsible for any charges associated with the transfer to the new carrier;

(iv) a statement that reflects the subscriber's right to select a different authorized carrier for the telecommunications service(s), if an alternative carrier is available;

(v) a statement that all subscribers receiving notice, even those with an authorized carrier freeze(s) in place, will be transferred to the acquiring carrier, unless the subscriber selects a different carrier before the transfer date;

(vi) a statement that an existing authorized carrier freeze(s) will be lifted to execute the transfer, and advising the customer to ask the new carrier to institute a freeze after the transfer; and

(vii) the toll free customer service number of the acquiring carrier.

4 CCR 723-2-2310

39 CR 21, November 10, 2016, effective 12/1/2016

40 CR 15, August 10, 2017, effective 9/1/2017

41 CR 03, February 10, 2018, effective 3/2/2018

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 07, April 10, 2019, effective 4/30/2019

43 CR 02, January 25, 2020, effective 2/14/2020

43 CR 17, September 10, 2020, effective 8/17/2020

44 CR 17, September 10, 2021, effective 8/11/2021

44 CR 18, September 25, 2021, effective 10/15/2021

45 CR 03, February 10, 2022, effective 12/29/2021

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 05, March 10, 2023, effective 3/30/2023