N.J. Admin. Code § 14:10-11.6

Current through Register Vol. 56, No. 12, June 17, 2024

Section 14:10-11.6 - Third-party verification of authorization

(a) A submitting TSP may obtain a customer's authorization to submit a change order on the customer's behalf through an independent third-party verification in accordance with this section.

(b) The company that obtains a third-party verification shall be independent of the acquiring TSP. The third party shall not be owned, managed, controlled, or directed by the TSP or the TSP's marketing agent; shall not have any financial incentive to confirm primary TSP change orders for the TSP or the TSP's marketing agent; and shall operate in a location physically separate from the TSP or the TSP's marketing agent.

(c) A TSP may use third-party verification systems and three-way conference calls for verification purposes, so long as, the requirements of this section are satisfied. Automated systems shall provide customers with the option to speak with a live person at any time during the call.

(d) A TSP or a TSP's sales representative initiating a three-way conference call or a call through an automated verification system shall drop off once the three-way connection has been established, unless the third-party verifier obtains a waiver for this requirement from the FCC.

(e) All third-party verification methods shall elicit, at a minimum, all of the following:

1. Confirmation of the identity of the customer (for example, the customer's date of birth or social security number);

2. The date of the verification;

3. Confirmation that the person on the call is authorized to make the TSP switch;

4. Confirmation that the person on the call wants to make the TSP switch;

5. The names of the TSPs affected by the change;

6. Each of the telephone numbers that will be affected by the switch; and

7. The types of service being switched.

(f) Third-party verifiers shall not market the TSP's services by providing additional information during the verification call, including information regarding preferred TSP freeze procedures.

(g) 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.

(h) If a customer has any questions regarding the switching of telecommunications service, the rates, or any other matter; which a third-party verifier is not qualified or not authorized to answer under this subchapter, the third-party verifier shall:

1. Inform the customer that the third-party verifier is not qualified or authorized to answer the question;

2. Offer to terminate the verification and instruct the customer on how to contact the TSP's sales agent to answer the question; and

3. Terminate the verification if the customer requests it, or, if the customer clearly consents to continue the call without having the question answered, continue the call.

(i) If a verification is terminated in accordance with the verification, a new verification may be started only after the TSP's sales agent has fully responded to the customer's questions.

(j) Each customer selection of a primary TSP for local, intraLATA toll, or interLATA telecommunications service shall be verified separately, in accordance with this subchapter, even if the same primary TSP is chosen to provide two or more telecommunications services. For example, a single authorization for changes of local, intraLATA, and long distance service is not valid. The TSP must obtain a separate authorization for change of local service, a separate authorization for change of intraLATA service, and a separate authorization for long distance.

(k) A TSP may acquire, through a sale or transfer, either part or all of another TSP's customer base, without obtaining each customer's authorization and verification, by complying with the rules set forth at 47 CFR § 64.1120(e), as amended and supplemented, which are incorporated herein by reference.

(l) Copies of letter notifications filed with the FCC pursuant to 47 CFR § 64.1120(e)(1) and (2) shall also be filed with the Board.

N.J. Admin. Code § 14:10-11.6

Amended by R.2003 d.355, effective 9/2/2003.
See: 34 N.J.R. 3200(a), 35 N.J.R. 4126(a).
Rewrote the section.
Recodified in part from N.J.A.C. 14:10-11.3 by R.2007 d.276, effective 9/17/2007.
See: 38 N.J.R. 3250(a), 39 N.J.R. 3953(a).
Section was "Verification of change orders for telecommunications service providers". Rewrote the section.
Former N.J.A.C. 14:10-11.6, Primary TSP freezes, recodified to N.J.A.C. 14:10-11.9.
Administrative correction.
See: 39 N.J.R. 4201(b).
Amended by R.2008 d.304, effective 10/20/2008.
See: 39 N.J.R. 3880(a), 39 N.J.R. 5058(a), 40 N.J.R. 6211(a).
Section was "Third party verification of authorization". In (b), rewrote the first sentence, deleted "independent" preceding "third party" in the second sentence, and deleted the former last sentence.