[Code of Federal Regulations]
[Title 47, Volume 3]
[Revised as of October 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR64.1150]

[Page 295]
 
                       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. 64.1150  Procedures for resolution of unauthorized changes in
preferred carrier.

    (a) Notification of alleged unauthorized carrier change. Executing 
carriers who are informed of an unauthorized carrier change by a 
subscriber must immediately notify both the authorized and allegedly 
unauthorized carrier of the incident. This notification must include the 
identity of both carriers.
    (b) Referral of complaint. Any carrier, executing, authorized, or 
allegedly unauthorized, that is informed by a subscriber or an executing 
carrier of an unauthorized carrier change shall direct that subscriber 
either to the state commission or, where the state commission has not 
opted to administer these rules, to the Federal Communications 
Commission's Consumer & Governmental Affairs Bureau, for resolution of 
the complaint. Carriers shall also inform the subscriber that he or she 
may contact and seek resolution from the alleged unauthorized carrier 
and, in addition, may contact the authorized carrier.
    (c) Notification of receipt of complaint. Upon receipt of an 
unauthorized carrier change complaint, the relevant governmental agency 
will notify the allegedly unauthorized carrier of the complaint and 
order that the carrier remove all unpaid charges for the first 30 days 
after the slam from the subscriber's bill pending a determination of 
whether an unauthorized change, as defined by Sec. 64.1100(e), has 
occurred, if it has not already done so.
    (d) Proof of verification. Not more than 30 days after notification 
of the complaint, or such lesser time as is required by the state 
commission if a matter is brought before a state commission, the alleged 
unauthorized carrier shall provide to the relevant government agency a 
copy of any valid proof of verification of the carrier change. This 
proof of verification must contain clear and convincing evidence of a 
valid authorized carrier change, as that term is defined in Sec. Sec. 
64.1120 through 64.1130. The relevant governmental agency will determine 
whether an unauthorized change, as defined by Sec. 64.1100(e), has 
occurred using such proof and any evidence supplied by the subscriber. 
Failure by the carrier to respond or provide proof of verification will 
be presumed to be clear and convincing evidence of a violation.
    (e) Election of forum. The Federal Communications Commission will 
not adjudicate a complaint filed pursuant to Sec. 1.719 or Sec. Sec. 
1.720 through 1.736 of this chapter, involving an alleged unauthorized 
change, as defined by Sec. 64.1100(e), while a complaint based on the 
same set of facts is pending with a state commission.

[65 FR 47692, Aug. 3, 2000, as amended at 68 FR 19159, Apr. 18, 2003; 73 
FR 13149, Mar. 12, 2008]