[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR64.1130]

[Page 290-291]
 
                       TITLE 47--TELECOMMUNICATION
 
        CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
 
PART 64_MISCELLANEOUS RULES RELATING TO COMMON CARRIERS--Table of Contents
 
   Subpart K_Changes in Preferred Telecommunications Service Providers
 
Sec.  64.1130  Letter of agency form and content.

    (a) A telecommunications carrier may use a written or electronically 
signed letter of agency to obtain authorization and/or verification of a 
subscriber's request to change his or her preferred carrier selection. A 
letter of agency that does not conform with this section is invalid for 
purposes of this part.
    (b) The letter of agency shall be a separate document (or an easily 
separable document) or located on a separate screen or webpage 
containing only the authorizing language described in paragraph (e) of 
this section having the sole purpose of authorizing a telecommunications 
carrier to initiate a preferred carrier change. The letter of agency 
must be signed and dated by the subscriber to the telephone line(s) 
requesting the preferred carrier change.
    (c) The letter of agency shall not be combined on the same document, 
screen, or webpage with inducements of any kind.
    (d) Notwithstanding paragraphs (b) and (c) of this section, the 
letter of

[[Page 291]]

agency may be combined with checks that contain only the required letter 
of agency language as prescribed in paragraph (e) of 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-face type on the front of the check, a notice that the subscriber 
is authorizing a preferred carrier change by signing the check. The 
letter of agency language shall be placed near the signature line on the 
back of the check.
    (e) At a minimum, the letter of agency must be printed with a type 
of sufficient size and readable type to be clearly legible and must 
contain clear and unambiguous language that confirms:
    (1) The subscriber's billing name and address and each telephone 
number to be covered by the preferred carrier change order;
    (2) The decision to change the preferred carrier from the current 
telecommunications carrier to the soliciting telecommunications carrier;
    (3) That the subscriber designates [insert the name of the 
submitting carrier] to act as the subscriber's agent for the preferred 
carrier change;
    (4) That the subscriber understands that only one telecommunications 
carrier may be designated as the subscriber's interstate or interLATA 
preferred interexchange carrier for any one telephone number. To the 
extent that a jurisdiction allows the selection of additional preferred 
carriers (e.g., local exchange, intraLATA/intrastate toll, interLATA/
interstate toll, or international interexchange) the letter of agency 
must contain separate statements regarding those choices, although a 
separate letter of agency for each choice is not necessary; and
    (5) That the subscriber may consult with the carrier as to whether a 
fee will apply to the change in the subscriber's preferred carrier.
    (f) Any carrier designated in a letter of agency as a preferred 
carrier must be the carrier directly setting the rates for the 
subscriber.
    (g) Letters of agency shall not suggest or require that a subscriber 
take some action in order to retain the subscriber's current 
telecommunications carrier.
    (h) If any portion of a letter of agency is translated into another 
language then all portions of the letter of agency must be translated 
into that language. Every letter of agency must be translated into the 
same language as any promotional materials, oral descriptions or 
instructions provided with the letter of agency.
    (i) Letters of agency submitted with an electronically signed 
authorization must include the consumer disclosures required by Section 
101(c) of the Electronic Signatures in Global and National Commerce Act.
    (j) A telecommunications carrier shall submit a preferred carrier 
change order on behalf of a subscriber within no more than 60 days of 
obtaining a written or electronically signed letter of agency. However, 
letters of agency for multi-line and/or multi-location business 
customers that have entered into negotiated agreements with carriers to 
add presubscribed lines to their business locations during the course of 
a term agreement shall be valid for the period specified in the term 
agreement.

[64 FR 7760, Feb. 16, 1999. Redesignated at 65 FR 47692, Aug. 3, 2000, 
as amended at 66 FR 12893, Mar. 1, 2001; 66 FR 16151, Mar. 23, 2001; 68 
FR 19159, Apr. 18, 2003]