65- 407 C.M.R. ch. 296, § 4

Current through 2024-25, June 19, 2024

Section 407-296-4 - Liability and Reimbursement Procedures for Failure to Execute an Authorized Change

An executing carrier that is providing the telecommunications service (either directly or through an affiliate) that is the subject of an authorized change who fails to properly execute that authorized change (non-executing carrier), shall be liable as provided below.

A.Carrier Liability

In addition to other penalties provided by law,the non-executing carriershall be liable to the customer's authorized carrier (i.e., the carrier to whom the customer would have been switched had the authorized change been executed) for charges the authorized carrier would have assessed had the change been executed, as well as for any reasonable billing and collection expenses.

1. If a customer has already paid charges to the non-executing carrier, the non-executing carrier must:

a. remit all moneys collected from the customer to the authorized carrier;

b. execute the authorized change request; and

c. provide the authorized carrier with all billing information necessary to determine what the customer would have paid the authorized carrier had the authorized change been executed.

2. The authorized carrier must refund to the customer any amounts it has collected in excess of what it would have assessed had the authorized change been executed.

3. If a customer has not paid the non-executing carrier, the non-executing carrier must:

a. remit to the authorized carrier the charges the authorized carrier would have assessed the customer had the authorized change request been executed;

b. execute the change request; and

c. provide the authorized carrier with all billing information necessary to determine what the customer would have paid the authorized carrier had the authorized change been executed, if such information is requested by the authorized carrier.

B.Customer Liability

1.Charges Incurred Within 30 Days Of the Date of Submission of the Authorized Change Request. Any customer whose preferred telecommunications carrier is not changed by a non-executing carrieris absolved of liability for charges imposed by the non-executing carrier for service provided within 30 days of the date of submission of the authorized change request if the customer has not already paid charges to the non-executing carrier. Upon being informed by a customer that an authorized change has not occurred, the non-executing carrier and the authorized carrier shall inform the customer of this 30-day absolution period.

2.Charges Incurred Beyond 30 Days Of Submission of Authorized Change Where the Customer Has Not Paid Charges to the Non-Executing Carrier. The authorized carrier may re-rate charges incurred subsequent to the 30-day absolution period to reflect its own rates and the customer shall be liable for paying such re-rated charges to the authorized carrier. The authorized carrier may also absolve the customer of the entire bill if in the authorized carrier's judgment the revenue to be recovered from the customer is less than the cost of re-rating the charges.

3.Customer Has Paid Charges to Non-Executing Carrier. If the customer has already paid charges to the non-executing carrier, and the authorized carrier recovers such charges as provided in section 4(A), the authorized carrier shall refund or credit to the customer any charges recovered from the non-executing carrier in excess of what the customer would have paid the authorized carrier for the same service had the authorized change occurred.

C.Disputes Regarding Submission of Authorized Change Requests.

1. A non-executing carrier may contest the existence of an authorized change request or the date of its submission by notifying the authorized carrier of its dispute within 30 days of its notification by the authorized carrier or the customer that the authorized change was not executed.

2. Within 30 days of receipt of notification of a dispute, the authorized carrier must provide proof of a properly authorized change request and the date such request was submitted to the non-executing carrier.

3. Upon receipt of proof from the authorized carrier of an authorized change request, the non-executing carrier must comply with this section.

65- 407 C.M.R. ch. 296, § 4