004.01DefinitionsFor purposes of this section, the definitions in Section 001.01 shall apply except that as used in this section and unless the context otherwise requires
004.01A Slamming shall mean the unauthorized switching of a telecommunications company selected by the subscriber to provide telecommunications service.004.01B Subscriber shall mean a person or persons, company, or lawful entity, who has the financial responsibility for the telephone service provided by a telecommunications provider.004.02Scope This section shall apply to all telecommunications companies providing basic local exchange service, intra-LATA interexchange service, inter-LATA interexchange service, and any other telecommunications services to subscribers in this state, except that this section shall not apply to providers not regulated by the Commission as provided in Neb. Rev. Stat. Section 86-808 (Cum. Supp. 1998).
004.03Authorized Change in a Subscriber's CarrierExcept when a subscriber initiates or changes telecommunications service by contacting his or her local exchange carrier to change telecommunications service not directly provided by that local exchange carrier, no telecommunications company shall submit or execute a change in a subscriber(s provider of basic local exchange service, intra-LATA interexchange service, or inter-LATA interexchange service without
004.03A Written change authorization from the subscriber;004.03B Toll-free electronic authorization placed from the telephone number which is the subject of the change order; or004.03C Oral authorization obtained by an independent third party.004.03D A separate and distinct authorization shall be required to submit or execute a change of service for services provided to subscribers in this state.004.04Written Confirmation of a Subscriber Change Within thirty (30) days after a subscriber changes his or her authorized provider of telecommunication services, the new authorized service provider shall provide to the subscriber written notice of such change. The written confirmation shall
004.04A Describe clearly and simply the nature of the subscription change;004.04B Not be a part of, or attached to, any other document;004.04C Not contain any promotion, offer, or inducement; and,004.04D Be mailed to the subscriber(s billing address.004.05Charges Paid by a Subscriber to an Unauthorized Carrier If a subscriber has determined that his or her telecommunication service has been changed without the subscriber(s authorization as provided for in this section, and the subscriber has paid charges to an unauthorized carrier, the subscriber shall give notice to either the subscriber(s) authorized carrier or to the unauthorized carrier.
004.05A Upon receiving notification from the subscriber that the subscriber has paid charges to an allegedly unauthorized carrier, the properly authorized carrier shall, within thirty (30) days, request from the unauthorized carrier proof of verification of the authorization of the subscriber(s intent to change carriers. 004.05A1 Within ten days after receiving a request, the allegedly unauthorized carrier shall forward to the authorized carrier either004.05A1a Proof of verification of the subscriber (s authorization to change carriers; or 004.05A1b (1) An amount equal to all charges paid by the subscriber to the unauthorized carrier; (2) an amount equal to any charge required to return the subscriber to his or her properly authorized company, if applicable; and, (3) copies of any telephone bills issued from the unauthorized company to the subscriber.004.05A2 If an authorized carrier incurs any billing and collection expenses in collecting charges from the unauthorized carrier, the unauthorized carrier shall reimburse the authorized company for reasonable expenses.004.05B When a subscriber notifies the unauthorized carrier, rather than the authorized carrier, of an unauthorized change, the unauthorized carrier shall immediately notify the authorized carrier. The authorized carrier shall then take the steps provided for in this section.004.05C When a subscriber notifies a local exchange carrier rather than the authorized carrier of an unauthorized change, the local exchange carrier shall immediately notify the subscriber that it must notify the authorized carrier. The local exchange carrier must provide the subscriber with the name of his or her authorized carrier when the local exchange carrier bills or has billed the subscriber for the authorized carrier. The authorized carrier shall then take the steps provided for in this section.004.06Remittance of Charges Paid to an Unauthorized CarrierUpon receipt of charges paid by a subscriber from a carrier that was not authorized by the subscriber, the authorized carrier shall provide a refund or credit to the subscriber of all charges paid in excess of the charges that would have been due to the authorized subscriber absent the unauthorized change of carrier.
004.06A If an authorized carrier has not received from the unauthorized carrier an amount equal to the charges paid by the subscriber to the unauthorized carrier, the authorized carrier is not required to provide any refund or credit.004.06B Within sixty (60) days after an authorized carrier receives notification of an unauthorized change, the authorized carrier shall notify the subscriber if it has failed to collect any charges from the unauthorized carrier. The authorized carrier shall also, at the time of this notification, inform the subscriber of his or her right to pursue a claim against the unauthorized carrier for a refund of all charges paid to the unauthorized carrier and to file an appropriate complaint with the Commission.004.06C If an authorized carrier fails to receive proof of verification of a subscriber(s authorization to change carriers pursuant to Rule 004.05A1 within ten (10) days after sending such a request to an allegedly unauthorized carrier, or if the authorized carrier fails to collect any charges paid by a subscriber within sixty (60) days after an authorized carrier receives notification of an unauthorized change, the authorized carrier shall notify the Commission of such failure. Such notice shall include 004.06C1 The name of the subscriber and the name of the alleged unauthorized carrier;004.06C2 The date that the authorized carrier received notification of the unauthorized change;004.06C3 The amount of the total charges paid by the subscriber to the unauthorized carrier; and004.06C4 A description of the actions taken by the authorized carrier to collect the charges paid by the subscriber to the unauthorized carrier including contacts made by the authorized carrier and a copy of any correspondence or communication received from the unauthorized carrier.004.06D Upon notice to the Commission as provided in this section, the Commission shall initiate a complaint as specified in Section 004.08.004.07Reinstatement of Subscriber in a Premium Program The authorized carrier shall reinstate the subscriber in any premium program in which that subscriber was enrolled prior to the unauthorized change if the subscriber (s participation in the premium program was terminated because of the unauthorized change. For purposes of this section, a premium program shall mean any bonuses paid to a subscriber as rewards for each dollar spent on telecommunications services and may include cash benefits, refunds, or other awarded benefits such as frequent flier miles and other travel bonuses.
004.07A If reinstatement in the premium program is not possible, the authorized carrier shall so inform the subscriber of the inability of the authorized carrier to reinstate the subscriber and of the reason that reinstatement is not possible.004.07B If the subscriber has paid charges to the unauthorized carrier, the properly authorized carrier shall also provide or restore to the subscriber any premiums to which the subscriber would have been entitled had the unauthorized change not occurred.004.07C The authorized carrier shall comply with the requirements of this section regardless of whether the authorized carrier is able to recover from the unauthorized carrier any charges paid by the subscriber.004.08EnforcementThis section shall be enforced through a complaint process known as the Subscriber Slamming Complaint. In administrating a complaint, the Commission shall be governed by the procedures for a Departmental Complaint and those rules of notice, publication, service, answer and hearing as provided in Title 291, Chapter 1, Rules of Commission Procedure, except as herein described
004.08A A complaint with the Commission shall be filed by the subscriber(s authorized carrier section where the authorized carrier has given notice to the Commission pursuant to section 004.06D.004.08B A complaint may be filed in accordance with this section by 004.08B1 An authorized carrier who has notice of an unauthorized change;004.08B2 A subscriber who had his or her telecommunications services carrier changed without his or her authorization; or004.08B3 The Commission, on its own motion.004.08C Within twenty (20) days of receipt of an answer to a complaint filed pursuant to this section, the Commission shall hold a hearing. After such hearing, the Commission may impose an administrative penalty. 004.08C1 An administrative penalty shall not exceed two thousand dollars ($2,000). Each violation associated with a specific access line within the state shall be considered a separate and distinct violation.004.08C2 The amount of an administrative penalty shall be based on 004.08C2a The nature, circumstances, extent, and gravity of a prohibited act;004.08C2b The history of previous violations;004.08C2c The amount necessary to deter further violations; and004.08C2d Any efforts to correct the violation or violations.004.08C3 Any administrative penalty may be appealed and the appeal shall be in accordance with Neb. Rev. Stat. Sections 75-136 to 75-139.004.08C4 Any administrative penalty shall be transmitted to the State Treasurer for credit to the permanent school fund.004.09RecordsAll telecommunication carriers subject to this section shall maintain all relevant records regarding any change in a subscriber (s telecommunications carrier for a period not less than two (2) years. The Commission shall at all times have access to all records kept by carriers pursuant to this section.
004.10Subscriber Complaint SystemThe Executive Director of the Commission shall administer a subscriber complaint system to record, monitor and report on all complaints received regarding the unauthorized change of a subscribers( telecommunications carrier. An annual reporting shall be incorporated into the Commission(s annual report.
004.11Performance StandardsThe Executive Director shall provide the Commission, at least once a month at a regularly scheduled meeting of the Commission, with a separate report detailing all of the complaints received by the Commission regarding the unauthorized change of a subscriber's telecommunications carrier. The report shall include a listing of the complainant, name of the subscriber, subscriber(s authorized telecommunications carrier, alleged unauthorized carrier, date of the unauthorized change, duration, if known, of the unauthorized change, and any resolution of the complaint, if applicable.
004.11A The Director of Communications shall report to the Commission, at a regularly scheduled meeting of the Commission, any carrier who has failed to meet minimum performance standards for the prior three (3) month period beginning with the period ending August 31, 1999.004.11B Minimum performance standards shall mean, for the purposes of this section, that the number of complaints against the carrier shall not exceed three (3) verified complaints per three (3) month period for every ten thousand (10,000) accounts held by the carrier within the state.004.11C The Commission may, upon its own motion, initiate a complaint against any carrier that fails to meet the minimum performance standards. Such complaint shall be filed only upon those verified instances of an unauthorized change of carrier that has not been previously and separately prosecuted as a complaint pursuant to this section.004.12Unauthorized ChargesNo telecommunications carrier shall initiate or bill additional telecommunications services to a subscriber for services not required by Commission regulation, state statute, or federal law or regulation for which the subscriber did not explicitly request or authorize.
004.12A If a charge is assessed on a per-use basis for a telecommunications service not required by rule, regulation or law and for which the subscriber did not request or authorize, and the subscriber notifies the providing carrier that the subscriber did not utilize the service or that the subscriber did not authorize the utilization of the service, the providing carrier shall refund the charge or apply the charge as a credit to the next billing period.004.12B If a providing carrier receives a notification by a subscriber that he or she has been billed for a service not required by rule, regulation or law nor authorized or requested by the subscriber, the carrier shall inform the subscriber of the ability to block services from future use by the subscriber and shall block the services from future use by the subscriber if the subscriber so requests.004.12B1 If a subscriber requests that the carrier not block the service or later requests that the block on the service be removed, the subscriber shall be responsible for similar charges for similar services caused by the future utilization of such a service.004.12B2 A telecommunications carrier shall not charge a recurring fee for blocking for a service as provided in this section.291 Neb. Admin. Code, ch. 5, § 004