[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: 47CFR64.1140]

[Page 291-292]
 
                       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.  64.1140  Carrier liability for slamming.

    (a) Carrier Liability for Charges. Any submitting telecommunications 
carrier that fails to comply with the procedures prescribed in this part 
shall be liable to the subscriber's properly authorized carrier in an 
amount equal to 150% of all charges paid to the submitting 
telecommunications carrier by such subscriber after such violation, as 
well as for additional amounts as prescribed in Sec.  64.1170. The 
remedies provided in this part are in addition to any other remedies 
available by law.
    (b) Subscriber Liability for Charges. Any subscriber whose selection 
of telecommunications services provider is changed without authorization 
verified in accordance with the procedures set for in this part is 
liable for charges as follows:

[[Page 292]]

    (1) If the subscriber has not already paid charges to the 
unauthorized carrier, the subscriber is absolved of liability for 
charges imposed by the unauthorized carrier for service provided during 
the first 30 days after the unauthorized change. Upon being informed by 
a subscriber that an unauthorized change has occurred, the authorized 
carrier, the unauthorized carrier, or the executing carrier shall inform 
the subscriber of this 30-day absolution period. Any charges imposed by 
the unauthorized carrier on the subscriber for service provided after 
this 30-day period shall be paid by the subscriber to the authorized 
carrier at the rates the subscriber was paying to the authorized carrier 
at the time of the unauthorized change in accordance with the provisions 
of Sec.  64.1160(e).
    (2) If the subscriber has already paid charges to the unauthorized 
carrier, and the authorized carrier receives payment from the 
unauthorized carrier as provided for in paragraph (a) of this section, 
the authorized carrier shall refund or credit to the subscriber any 
amounts determined in accordance with the provisions of Sec.  
64.1170(c).
    (3) If the subscriber has been absolved of liability as prescribed 
by this section, the unauthorized carrier shall also be liable to the 
subscriber for any charge required to return the subscriber to his or 
her properly authorized carrier, if applicable.

[65 FR 47691, Aug. 3, 2000]