[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR64.1100]

[Page 288-289]
 
                       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.  64.1100  Definitions.


    (a) The term submitting carrier is generally any telecommunications 
carrier that requests on the behalf of a subscriber that the 
subscriber's telecommunications carrier be changed, and seeks to provide 
retail services to the end user subscriber. A carrier may be treated as 
a submitting carrier, however, if it is responsible for any unreasonable 
delays in the submission of carrier change requests or for the 
submission of unauthorized carrier change requests, including fraudulent 
authorizations.
    (b) The term executing carrier is generally any telecommunications 
carrier that effects a request that a subscriber's telecommunications 
carrier be changed. A carrier may be treated as an executing carrier, 
however, if it is responsible for any unreasonable delays in the 
execution of carrier changes or for the execution of unauthorized 
carrier changes, including fraudulent authorizations.
    (c) The term authorized carrier is generally any telecommunications 
carrier that submits a change, on behalf of a subscriber, in the 
subscriber's selection of a provider of telecommunications service with 
the subscriber's authorization verified in accordance with the 
procedures specified in this part.
    (d) The term unauthorized carrier is generally any 
telecommunications carrier that submits a change, on behalf of a 
subscriber, in the subscriber's selection of a provider of 
telecommunications service but fails to obtain the subscriber's 
authorization verified in accordance with the procedures specified in 
this part.

[[Page 289]]

    (e) The term unauthorized change is a change in a subscriber's 
selection of a provider of telecommunications service that was made 
without authorization verified in accordance with the verification 
procedures specified in this part.
    (f) The term state commission shall include any state entity with 
the state-designated authority to resolve the complaints of such state's 
residents arising out of an allegation that an unauthorized change of a 
telecommunication service provider has occurred that has elected, in 
accordance with the requirements of Sec.  64.1110(a), to administer the 
Federal Communications Commission's slamming rules and remedies, as 
enumerated in Sec. Sec.  64.1100 through 64.1190.
    (g) The term relevant governmental agency shall be the state 
commission if the complainant files a complaint with the state 
commission or if the complaint is forwarded to the state commission by 
the Federal Communications Commission, and the Federal Communications 
Commission if the complainant files a complaint with the Federal 
Communications Commission, and the complaint is not forwarded to a state 
commission.
    (h) The term subscriber is any one of the following:
    (1) The party identified in the account records of a common carrier 
as responsible for payment of the telephone bill;
    (2) Any adult person authorized by such party to change 
telecommunications services or to charge services to the account; or
    (3) Any person contractually or otherwise lawfully authorized to 
represent such party.

[65 FR 47690, Aug. 3, 2000, as amended at 66 FR 12892, Mar. 1, 2001]