65- 407 C.M.R. ch. 296, § 3

Current through 2024-25, June 19, 2024

Section 407-296-3 - Changing a Preferred Carrier Selection

A.Authorization for Change

A submitting carrier may not submit a change in a customer's preferred telecommunications carrier without authorization from the customer pursuant to section 3(B) of this Chapter.

B.Verification for Carrier-Initiated Preferred Carrier Changes

A submitting carrier may not submit a change in a customer's preferred carrier selection unless the change is verified with a letter of agency, electronic authorization, third party verification, or any other verification method adopted by the FCC after the effective date of this rule.

1.Letter of Agency (LOA). If the submitting carrier obtains the customer's written authorization in the form of an LOA, the LOA must conform to this section.

a.Form. The LOA shall:

i. be a separate or easily separable document containing only the authorizing language consistent with this section, whose sole purpose is to authorize a preferred carrier change, and shall not include any advertising or promotional material, or inducements of any kind. The LOA must be signed and dated by the subscriber to the telephone line(s) that are the subject of the carrier change request;

ii. notwithstanding paragraph (i) of this section, the letter of agency may be combined a check that contains only the required letter of agency language described in 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-faced type on the front of the check, a notice that the consumer is authorizing a preferred 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.

b.Content. The LOA must be printed with a type of sufficient size to be clearly legible and must contain clear and unambiguous language that:

i. confirms the decision to change the preferred carrier from the current telecommunications carrier to the submitting telecommunications carrier;

ii. confirms the customer's billing name, address, and telephone number to be covered by the preferred carrier change;

iii. informs the customer that only one telecommunications carrier may be designated as the preferred carrier for interstate or intrastate service for any one telephone number;

iv. contains separate statements regarding preferred carrier choices for each service being changed (e.g. local exchange, intrastate toll, interstate toll, or international toll);

v. confirms that the customer designates the submitting carrier to act as the customer's agent for the preferred carrier change; and

vi. confirms that a charge may be assessed to the customer for the preferred carrier change.

c. Any carrier designated in an LOA as a preferred carrier must be the carrier directly setting the rates for the subscriber.

d. If any portion of an LOA is translated into another language, then all portions of the LOA must be translated into that language.

e. Every LOA must be translated into the same language as any promotional materials, oral descriptions or instructions provided with the LOA.

2.Electronic Authorization. If the submitting carrier has obtained the customer's electronic authorization, the call must be placed from the telephone number(s) on which the preferred carrier is to be changed. The authorization shall include the information described in section 3(B)(1)(b) of this rule. Carriers electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. A call to the number will connect a customer to a voice response unit, or similar mechanism, that records the required information regarding the preferred carrier change, including automatically recording the customer's automatic number identification (ANI). The recording must be maintained and stored by the submitting carrier for a minimum of two years.

3.Third Party Verification. If the submitting carrier uses a third party to verify preferred carrier changes, the third party must be qualified and independent, and must obtain the customer's oral authorization to submit the preferred carrier change that includes appropriate verification data (e.g. the customer's date of birth or social security number). This method of verification is valid only if:

a. the data are maintained and stored by the independent third party or the submitting carrier for a minimum of two years;

b. the independent third party informs the customer that he/she is authorizing a change in telecommunication carriers and provides the identity of the new telecommunications carrier;

c. the independent third party is not owned, managed, controlled, or directed by the new carrier or the carrier's marketing agent;

d. the independent third party has no financial incentive to confirm preferred carrier change orders for the new carrier or the carrier's marketing agent; and

e. the independent third party operates in a location physically separate from the new telecommunications carrier or the new carrier's marketing agent.

C.Responsibility of Executing Carrier

An executing carrier shall not verify the submission of a change order for a preferred carrier change received from a submitting carrier. For an executing carrier, compliance with this section shall be defined as prompt execution, without unreasonable delay, of changes that have been submitted to the executing carrier by the submitting carrier.

D.Verification for Changing Multiple Telecommunications Services

Where a submitting carrier is selling more than one type of telecommunications service (e.g. local exchange, intrastate toll, interstate toll, international toll), that carrier must obtain separate authorization from the customer for each service sold, although the authorizations may be made within the same solicitation. Each authorization must be verified separately from any other authorizations obtained in the same solicitation. Each authorization must be verified in accordance with the verification procedures prescribed in this section.

E.Verification Method for Customer-Initiated Requests for Preferred Carrier Changes

A new submitting carrier receiving a customer-initiated request for a preferred carrier change shall maintain a record of the request for a minimum of two years after the request was made as verification of the customer's authorization to change preferred carriers. If the request is made orally, the submitting carrier shall verify the request in accordance with one of the verification methods specified in section 3(B) of this rule. The submitting carrier shall make the record available to the customer, as well as the Commission, upon request.

65- 407 C.M.R. ch. 296, § 3