[Federal Register Volume 66, Number 63 (Monday, April 2, 2001)]
[Notices]
[Pages 17551-17554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8040]
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FEDERAL COMMUNICATIONS COMMISSION
Public Information Collections Approved by Office of Management
and Budget
March 23, 2001.
The Federal Communications Commission (FCC) has received Office of
Management and Budget (OMB) approval for the following public
information collections pursuant to the Paperwork Reduction Act of
1995, Public Law 104-13. An agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid control number. For further information
contact Shoko B. Hair, Federal Communications Commission, (202) 418-
1379.
Federal Communications Commission
OMB Control No.: 3060-0787.
Expiration Date: 09/30/2001.
Title: Implementation of the Subscriber Carrier Selection Changes
Provisions of the Telecommunications Act of 1996; Policies and Rules
Concerning Unauthorized Changes of Consumers Long Distance.
Form No.: FCC Form 478.
Respondents: Business or other for-profit.
Estimated Annual Burden: 28,676 respondents; 4.71 hours per
response (avg.).; 135,126 total annual burden hours.
Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
Frequency of Response: On occasion; Semi-annually; Third Party
Disclosure; Recordkeeping.
Description: Section 258 of the Communications Act of 1934 (Act),
as amended by the Telecommunications Act of 1996, makes it unlawful for
any telecommunications carrier to ``submit or execute a change in a
subscriber's selection of a provider of telecommunications exchange
service or telephone toll service except in accordance with such
verification procedures as the Commission shall prescribe.'' The
Section further provides that any telecommunications carrier that
violates such verification procedures and that collects charges for
telephone exchange service or telephone toll service from a subscriber,
shall be liable to the carrier previously selected by the
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subscriber in an amount equal to all charges paid by the subscriber
after such violation. In the Second Report and Order and Further Notice
of Proposed Rulemaking (section 258 Order) issued in CC Docket No. 94-
129, the Commission adopted rules to implement section 258 of the
Communications Act of 1934 (Act), as amended by the Telecommunications
Act of 1996 (1996 Act). The goal of section 258 is to eliminate the
practice of ``slamming,'' which is the unauthorized change of a
subscriber's preferred carrier. In the Section 258 Order, the
Commission adopted various rules addressing verification of preferred
carrier changes and preferred carrier freezes. The Commission also
adopted liability rules designed to take the profit out of slamming. In
the First Order on Reconsideration (Order), released May 3, 2000, the
Commission amended certain of its liability rules by requiring slamming
disputes between consumers and carriers to be brought before
appropriate state commissions, or this Commission in cases where the
state has not opted to administer our rules, rather than to authorized
carriers. The Order also modified the liability rules that apply when a
consumer has paid charges to a slamming carrier. The Order set forth
certain notification requirements to facilitate carriers' compliance
with the liability rules. The Commission issued a Third Report and
Order and Second Order on
Reconsideration in CC Docket No. 94-129, released August 15, 2000 and
an Order released February 22, 2001. The modifications and additions
adopted these Orders will improve the carrier change process for
consumers and carriers, while making it more difficult for unscrupulous
carriers to perpetrate slams. Following is a synopsis of the
requirements approved by OMB. See above-mentioned Orders and 47 CFR
Parts 1 and 64 for complete details. a. Section 64.1110, State
Notification of Election to Administer FCC Rules. Pursuant to section
64.1110(a), state notification of an intention to administer the
Federal
Communication Commission's unauthorized carrier change rules and
remedies shall be filed with the Commission Secretary in CC Docket No.
94-129 with a copy of such notification provided to the Consumer
Information Bureau Chief. Such notification shall contain, at a
minimum, information on where consumers should file complaints, the
type of documentation, if any, that must accompany a complaint, and the
procedures the state will use to adjudicate complaints. Pursuant to
section 64.1110(b), state notification of an intention to discontinue
administering the Federal Communication Commission's unauthorized
carrier change rules and remedies shall be filed with the Commission
Secretary in CC Docket No. 94-129 with a copy of such amended
notification provided to the Consumer Information Bureau Chief. Such
discontinuance shall become effective 60 days after the Commission's
receipt of the state's letter. (No. of respondents: 51; hours per
response: 2 hours; total annual burden: 102 hours). b. Section 64.1120,
Verification of Orders for Telecommunications Carriers. A carrier must
retain verification records for two years after their creation.
Pursuant to section 64.1120 no telecommunications carrier shall submit
a preferred carrier charge order unless and until the order has first
been confirmed. Telecommunications carriers may obtain the subscriber's
written authorization as required by section 64.1130 or an electronic
authorization, or an oral authorization through a qualified independent
third party. (Number of respondents: 1800; hours per response: 1.5
hours; total annual burden: 2700 hours). c. Section 64.1130, Letter of
Agency Form and Content. Pursuant to section 64.1130, 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 to this section is invalid for
purposes of this part. The letter of agency shall be a separate
document (or easily separable document) or located on a separate screen
or webpage containing only the authorizing language described in
64.1130(e) 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 lines
requesting the preferred carrier change. The letter of agency shall not
be combined on the same document, screen, or webpage with inducements
of any kind. The letter of agency must contain language that confirms
that the subscriber may consult with the carrier as to whether a fee
will apply to the change in the subscriber's preferred carrier. A
letter of agency submitted with an electronically signed authorization
must include the consumer disclosures required by section 101(c) of
Electronic Signatures in Global and National Commerce Act. A 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. (No. of respondents; 1800; hours per response:
3 hours; total annual burden: 5500 hours). d. Section 64.1140, Carrier
Liability for Slamming. Pursuant to
Section 64.1140(a), 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 of Part 64. Pursuant
to section 64.1140(b), any subscriber whose selection of
telecommunications service provider is changed without authorization or
verification in accordance with the procedures set for 47 CFR 64.1140
will be liable for charges. (No. of respondents 1910; hours per
response: 2 hours; total annual burden: 3820 hours). e. Section
64.1150, Procedures For Resolution of Unauthorized Changes in Preferred
Carrier--Pursuant to section 64.1150(a), 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. Pursuant to Section 64.1150(b), 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 Information Bureau, for resolution
of the complaint. Pursuant to section 64.1150(c), 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 removes all unpaid charges 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. Pursuant to section 64.1150(d), 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. Failure by the carrier to
[[Page 17553]]
respond or provide proof of verification will be presumed to be clear
and convincing evidence of a violation. Pursuant to section 64.1150(e),
the Federal Communications Commission will not adjudicate a complaint
filed pursuant to Sec. 1.719 or Secs. 1.720-736, involving an alleged
unauthorized change, as defined by Sec. 64.1100(e) of this part, while
a complaint based on the same set of facts is pending with a state
commission. (No. of respondents: 1960; hours per response: 8 hours;
total annual hours: 9800 hours).
f. Section 64.1160, Absolution Procedures Where the Subscriber Has Not
Paid--Pursuant to section 64.1160(a), this section shall only apply
after a subscriber has determined that an unauthorized change, as
defined by Sec. 64.1100(e) of this part, has occurred and the
subscriber has not paid charges to the allegedly unauthorized carrier
for service provided for 30 days, or a portion thereof, after the
unauthorized change occurred. Pursuant to section 64.1160(b), an
allegedly unauthorized carrier shall remove all charges incurred for
service provided during the first 30 days after the alleged
unauthorized change occurred, as defined by Sec. 64.1100(e) of this
part, from a subscriber's bill upon notification that such unauthorized
change is alleged to have occurred. Pursuant to Section 64.1160(c), an
allegedly unauthorized carrier may challenge a subscriber's allegation
that an unauthorized change, as defined by Sec. 64.1100(e) of this
part, occurred. An allegedly unauthorized carrier choosing to challenge
such allegation shall immediately notify the complaining subscriber
that: (1) The complaining subscriber must file a complaint with a state
commission that has opted to administer the FCC's rules, pursuant to
Sec. 64.1110 of this part, or the FCC within 30 days of either (i) the
date of removal of charges from the complaining subscriber's bill in
accordance with paragraph (b) of this section or (ii) the date the
allegedly unauthorized carrier notifies the complaining subscriber of
the requirements of this paragraph, whichever is later; and (2) a
failure to file such a complaint within this 30-day time period will
result in the charges removed being reinstated on the subscriber's bill
and, consequently, the complaining subscribers will only be entitled to
remedies for the alleged unauthorized change other than those provided
for in Sec. 64.1140(b)(1) of this part. No allegedly unauthorized
carrier shall reinstate charges to a subscriber's bill pursuant to the
provisions of this paragraph without first providing such
subscriber with a reasonable opportunity to demonstrate that the
requisite complaint was timely filed within the 30-day period described
in this paragraph. Pursuant to section 64.1160(d), if the relevant
governmental agency determines after reasonable investigation that an
unauthorized change, as defined by Sec. 64.1100(e) of this part, has
occurred, an order shall be issued providing that the subscriber is
entitled to absolution from the charges incurred during the first 30
days after the unauthorized carrier change occurred, and neither the
authorized or unauthorized carrier may pursue any collection against
the subscriber for those charges. Pursuant to section 64.1160(e), if
the subscriber has incurred charges for more than 30 days after the
unauthorized carrier change, the unauthorized carrier must forward the
billing information for such services to the authorized carrier.
Pursuant to section 64.1160(f), if the unauthorized carrier received
payment from the subscriber for services provided after the first 30
days after the unauthorized change occurred, the obligations for
payments and refunds provided for in Sec. 64.1160 of this part shall
apply to those payments. Pursuant to section 64.1160(g), if the
relevant governmental agency determines after reasonable investigation
that the carrier change was authorized, the carrier may re-bill the
subscriber for charges incurred. (No. of respondents: 1960; hours per
response: 8 hours; total annual burden: 15,680). g. Section 64.1170,
Reimbursement Procedures Where the Subscriber Has Paid. Pursuant to
section 64.1170(a), the procedures set forth in section 64.1170 shall
apply only after a subscriber has determined that an unauthorized
change, as defined by section 64.1100(e) of our rules, has occurred and
the subscriber has paid charges to an allegedly unauthorized carrier.
Pursuant to section 64.1170(b), if the relevant governmental agency
determines after reasonable investigation that an unauthorized change,
as defined by Sec. 64.1100(e) of this part, has occurred, it shall
issue an order directing the unauthorized carrier to forward to the
authorized carrier the following, in addition to any appropriate state
remedies, an amount equal to 150% of all charges paid by the subscriber
to the unauthorized carrier; and copies of any telephone bills issued
from the unauthorized carrier to the subscriber. Pursuant to section
64.1170(c), within ten days of receipt of the amount provided for in
paragraph (b)(1) of this section, the authorized carrier shall provide
a refund or credit to the
subscriber in the amount of 50% of all charges paid by the subscriber
to the unauthorized carrier. The subscriber has the option of asking
the authorized carrier to re-rate the unauthorized carrier's charges
based on the rates of the authorized carrier and, on behalf of the
subscriber, seek an additional refund from the unauthorized carrier, to
the extent that the re-rated amount exceeds the 50% of all charges paid
by the subscriber to the unauthorized carrier. The authorized carrier
shall also send notice to the relevant governmental agency that it has
given a refund or credit to the subscriber. Pursuant to section
64.1170(d), if an authorized carrier incurs billing and collection
expenses in collecting charges from the unauthorized carrier, the
unauthorized carrier shall reimburse the authorized carrier for
reasonable expenses. Pursuant to section 64.1170(e), if the authorized
carrier has not received payment from the unauthorized carrier as
required by paragraph (c) of this section, the authorized carrier is
not required to provide any refund or credit to the subscriber. The
authorized carrier must, within 45 days of receiving an order as
described in paragraph (b) of this section, inform the subscriber and
the relevant governmental agency that issued the order if the
unauthorized carrier has failed to forward to it the appropriate
charges, and also inform the subscriber of his or her right to pursue a
claim against the unauthorized carrier for a refund of all charges paid
to the unauthorized carrier. Pursuant to section 64.1170(f), where
possible, the properly authorized carrier must reinstate the subscriber
in any premium program in which that subscriber was enrolled prior to
the unauthorized change, if the subscriber's participation in that
program was terminated because of the unauthorized change. If the
subscriber has paid charges to the unauthorized carrier, the properly
authorized carrier shall also provide or restore to the subscriber any
premiums to which the subscriber would have been entitled had the
unauthorized change not occurred. The authorized carrier must comply
with the requirements of this section regardless of whether it is able
to recover from the unauthorized carrier any charges that were paid by
the subscriber. (No. of respondents: 1960; hours per response: 7 hours;
total annual burden: 13,720 hours).
h. Section 64.1180, Reporting Requirement. Pursuant to section 64.1180,
each provider of telephone exchange and/or telephone toll service shall
submit to the Commission via
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e-mail (slamming [email protected]), U.S. Mail, or facsimile a slamming
complaint report form identifying the number of slamming complaints
received during the reporting period and other information as specified
in 64.1180(b). Reporting shall commence August 15, 2001. Carriers are
required to complete and file a copy of the FCC Form 478. Copies of the
form may be downloaded from the Commission's forms webpage
(www.fcc.gov/formpage.html). Carriers are encouraged to maintain all
records regarding slamming complaints for at least 24 months from the
date on which they receive written, electronic, or oral contact by a
consumer alleging that an unauthorized change in his/her preferred
carrier was made by the carrier or by another carrier. (No. of
respondents: 1850; hours per response: 7 hours per submission; 14
hours; total annual burden: 25,900 hours).
i. Section 64.1190, Preferred Carrier Freezes. Section 64.1190 requires
that all local exchange carriers that impose preferred carrier freezes
on their subscribers' accounts must verify such freezes, as well as
accept subscriber requests to lift such freezes in writing or by three-
way calls. (No. of respondents: 1800; hours per response: 2 hours;
total annual burden: 3600 hours).
j. Section 1.719, Informal Complaints Filed Pursuant to Section 258--
Section 1.719 applies to complaints alleging that a carrier has
violated section 258 of the Communications Act of 1934, as amended by
the Telecommunications Act of 1996, by making an unauthorized change of
a subscriber's preferred carrier, as defined by Sec. 64.1100(e).
Pursuant to section 1.719(b), the complaint shall be in writing, and
should contain: (1) The complainant's name, address, telephone number
and e-mail address (if the complainant has one); (2) the name of both
the allegedly unauthorized carrier, as defined by Sec. 64.1100(d), and
authorized carrier, as defined by Sec. 64.1100(c); (3) a complete
statement of the facts (including any documentation) tending to show
that such carrier engaged in an unauthorized change of the subscriber's
preferred carrier; (4) a statement of whether the complainant has paid
any disputed charges to the allegedly unauthorized carrier; and (5) the
specific relief sought. If the complainant is unsatisfied with the
resolution of a complaint under this section, the complainant may file
a formal complaint with the Commission in the form specified in
Sec. 1.721 of this part. (No. of respondents: 13,200; hours per
response: 4 hours; total annual burden: 52,800 hours).
k. Voluntary Reporting Requirement. States that choose to administer
the Commission's slamming rules must regularly file
information with the Commission that details slamming activity in their
regions. Such filings should identify the number of slamming complaints
handled, including data on the number of valid complaints per carrier;
the identity of top slamming carriers; slamming trends; and other
relevant information. See paragraph 34 of the Order. (Number of
respondents: 51; hours per response: 10 hours; total annual burden: 510
hours). The information from these collections will be used to
implement section 258 of the Act. The information will strengthen the
ability of our rules to deter slamming, while addressing concerns
raised with respect to our previous administrative procedures. The
information will also enable us to give victims of slamming adequate
redress and ensure that carriers that slam do not profit from their
fraud. The information will help to protect consumers from carriers who
may attempt to take advantage of consumer confusion over different
types of telecommunications services. The information gathered in
response to the reporting requirement will enable the Commission to
identify, as soon as possible, the carriers that repeatedly initiate
unauthorized changes. Obligation to respond: Required to obtain or
retain benefits.
Public reporting burden for the collection of information is as
noted above. Send comments regarding the burden estimate or any other
aspect of the collections of information, including suggestions for
reducing the burden to Performance Evaluation and Records Management,
Washington, DC 20554.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-8040 Filed 3-30-01; 8:45 am]
BILLING CODE 6712-01-P