N.J. Admin. Code § 14:10-11.9

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

Section 14:10-11.9 - TSP freezes

(a) A TSP freeze is an additional restriction that prevents a switch in an end-user's primary TSP without the end-user's verified authorization for both of the following:

1. The lifting of the TSP freeze; and

2. The switch itself.

(b) All TSPs responsible for implementing changes of primary TSPs shall offer a plan to freeze and lift the freeze of the customer's local, intraLATA toll or interLATA primary TSPs upon the customer's request.

(c) Customer requests for the imposition or lifting of primary TSP freezes shall be honored without charge.

(d) A TSP freeze applies to each access line, regardless of the customer of record.

(e) An end-user's authorization to lift a freeze shall be submitted to and executed by the primary TSP. However, this authorization does not satisfy the requirement for a separate verified authorization to make a TSP switch. Therefore, if an end-user has a TSP freeze in effect, both of the following shall apply:

1. A submitting TSP shall obtain authorization for the switch; and

2. A primary TSP shall obtain authorization to lift the freeze.

(f) If the submitting TSP or the primary TSP fails to comply with the applicable requirements described at (e)1 or 2 above, the noncomplying TSP shall be subject to penalties or other enforcement under this subchapter.

(g) All TSPs responsible for the imposition or lifting of primary TSP freezes shall, in addition to complying with this chapter, also comply with FCC regulations at 47 CFR 64.1190, preferred carrier freezes, incorporated herein by reference, as amended or supplemented. As of September 4, 2007, the substance of those regulations is as follows:

1. A primary TSP freeze (or freeze) prevents a change in a customer's primary TSP selection unless the customer gives the TSP from whom the freeze was requested his or her express consent to lift the freeze in order to make the switch. All TSPs responsible for the imposition or lifting of primary TSP freezes shall comply with the provisions of this section;

2. All TSPs responsible for the imposition or lifting of primary TSP freezes shall offer freezes on a nondiscriminatory basis to all customers, regardless of the customer's TSP selections;

3. Primary TSP freeze procedures, including any solicitation, shall clearly distinguish among telecommunications services (for example, local exchange, intraLATA toll, and interLATA toll) subject to a primary TSP freeze. The TSP offering the freeze shall obtain separate authorization for each service for which a primary TSP freeze is requested;

4. The following apply to solicitation and imposition of primary TSP freezes:

i. All TSP provided solicitation and other materials regarding primary TSP freezes shall include:

(1) An explanation, in clear and neutral language, of what a primary TSP freeze is and what services may be subject to a freeze; and

(2) A description of the specific procedures necessary to lift a primary TSP freeze; an explanation that these steps are in addition to the verification rules in 14:10-11.3 for changing a customer's primary TSP selections; and an explanation that the customer will be unable to make a change in TSP selection unless he or she lifts the freeze;

ii. No TSP responsible for the imposition or lifting of primary TSP freezes shall implement a primary TSP freeze unless the customer's request to impose a freeze has first been confirmed in accordance with one of the following procedures:

(1) The TSP responsible for the imposition or lifting of primary TSP freezes has obtained the customer's written or electronically signed authorization in a form that meets the requirement of (f)4iii below;

(2) The TSP responsible for the imposition or lifting of primary TSP freezes has obtained the customer's electronic authorization, placed from the telephone number(s) on which the primary TSP freeze is to be imposed, to impose a primary TSP freeze. The electronic authorization shall confirm appropriate verification data (for example, the customer's date of birth or social security number) and the information required in (f)4iii(2)(A) through (C) below. TSPs electing to confirm primary TSP freeze orders electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the number(s) will connect a customer to a voice response unit, or similar mechanism that records the required information regarding the primary TSP freeze request, including automatically recording the originating automatic numbering identification; or

(3) An appropriately qualified independent third party has obtained the customer's oral authorization to submit the preferred TSP freeze and confirmed the appropriate verification data (for example, the customer's date of birth or social security number) and the information required in (f)4iii(2)(A) through (C) below. The independent third party shall not be owned, managed, or directly controlled by the TSP or the TSP's marketing agent; not have any financial incentive to confirm primary TSP freeze requests for the TSP or the TSP's marketing agent; and operate in a location physically separate from the TSP or the TSP's marketing agent. The content of the verification shall include clear and conspicuous confirmation that the customer has authorized a primary TSP freeze;

iii. A TSP responsible for the imposition or lifting of primary TSP freezes may accept a customer's written or electronically signed authorization to impose a freeze on his or her primary TSP selection. Written authorization that does not conform with this section is invalid and shall not be used to impose a primary TSP freeze;

(1) The written authorization shall comply with 14:10-11.5 concerning the form and content for letters of agency;

(2) At a minimum, the written authorization shall be printed with a readable type of sufficient size to be clearly legible and shall contain clear and unambiguous language that confirms:

(A) The customer's billing name and address and the telephone number(s) to be covered by the primary TSP freeze;

(B) The decision to place a primary TSP freeze on the telephone number(s) and particular service(s). The authorization shall contain separate statements regarding the particular selections (for example, for local exchange, intraLATA toll, and interLATA toll service) to be frozen;

(C) That the customer understands that she or he will be unable to make a change in TSP selection unless she or he lifts the primary TSP freeze for that particular service; and

5. All TSPs responsible for the imposition or lifting of primary TSP freezes shall, at a minimum, offer customers the following procedures for lifting a primary TSP freeze:

i. A TSP responsible for the imposition or lifting of primary TSP freezes shall accept a customer's written or electronically signed authorization stating her or his intent to lift a preferred TSP freeze; and

ii. A TSP responsible for the imposition or lifting of primary TSP freezes shall accept a customer's oral authorization stating her or his intent to lift a primary TSP freeze and shall offer a mechanism that allows a submitting TSP to conduct a three-way conference call with the TSP administering the freeze and the customer in order to lift a freeze. When engaged in oral authorization to lift a primary TSP freeze, the TSP administering the freeze shall confirm appropriate verification data (for example, the customer's date of birth or social security number) and the customer's intent to lift the particular freeze for a particular service (for example, intraLATA, interLATA, local).

N.J. Admin. Code § 14:10-11.9

Amended by R.2003 d.355, effective 9/2/2003.
See: 34 N.J.R. 3200(a), 35 N.J.R. 4126(a).
In (d), inserted "or electronically" preceding "signed authorization" in ii(1), iii and 5i.
Recodified from N.J.A.C. 14:10-11.6 and amended by R.2007 d.276, effective 9/17/2007.
See: 38 N.J.R. 3250(a), 39 N.J.R. 3953(a).
Section was "Primary TSP freezes". Rewrote the section.
Former N.J.A.C. 14:10-11.9, Scope of authority, recodified to N.J.A.C. 14:10-11.10.
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).
In (d), substituted "access line" for "end-user"; in the introductory paragraph of (e), inserted "shall be submitted to and executed by the primary TSP. However, this authorization"; in (e)1, substituted "shall obtain authorization for the switch" for "that fails to obtain both authorizations required under (a) above shall be subject to penalties or other enforcement under this subchapter"; rewrote (e)2; added (f); recodified former (f) as (g); and in (g)1, inserted "to lift the freeze in order".