[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1051 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1051

To amend the Communications Act of 1934 to enhance protections against 
    unauthorized changes of telephone service subscribers from one 
     telecommunications carrier to another, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 1997

 Mr. Campbell introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Communications Act of 1934 to enhance protections against 
    unauthorized changes of telephone service subscribers from one 
     telecommunications carrier to another, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Interstate Slamming Prevention Act 
of 1997''.

SEC. 2. ENHANCEMENT OF PROTECTIONS.

    (a) Liability for Additional Charges.--Subsection (b) of section 
258 of the Communications Act of 1934 (47 U.S.C. 258) is amended--
            (1) by striking ``(b) Liability for Charges.--Any 
        telecommunications carrier'' in the first sentence and 
        inserting the following:
    ``(b) Liability for Charges.--
            ``(1) Charges collected after violation.--Any 
        telecommunications carrier''; and
            (2) by striking the second sentence and inserting the 
        following:
            ``(2) Fees for changing back.--Any telecommunications 
        carrier described in paragraph (1) shall also be liable to the 
        carrier previously selected by the subscriber concerned for any 
        fees associated with changing the subscriber back to the 
        carrier previously selected, in accordance with such procedures 
        as the Commission may prescribe.
            ``(3) Relation to other authority.--The remedies provided 
        by this subsection are in addition to any other remedies 
        available by law.''.
    (b) Additional Penalties.--Such section 258 is further amended by 
adding at the end the following:
    ``(c) Additional Penalties.--Any telecommunications carrier that 
violates the verification procedures described in subsection (a) shall 
be subject to such additional fines and penalties, including a 
forfeiture penalty under section 503(b)(1)(B) of this Act, as the 
Commission shall prescribe.''.
    (c) Additional Protections.--Such section 258 is further amended by 
adding at the end the following:
    ``(d) Additional Protections.--In order to provide subscribers with 
additional protections against changes in providers of telephone 
exchange service or telephone toll service in violation of the 
verification procedures described in subsection (a), the Commission may 
prescribe the following:
            ``(1) A requirement that telecommunications carriers 
        establish toll-free telephone numbers in order to permit 
        subscribers to register complaints regarding the execution of 
        such changes in service, including the requirement that calls 
        to such numbers be answered in not more than two minutes.
            ``(2) A requirement that telecommunications carriers 
        provide the Commission such information relating to the 
        complaints made to such carriers regarding such changes in 
        service as the Commission considers appropriate.''.
    (d) Deadline for Rulemaking.--The Federal Communications Commission 
shall prescribe the regulations required by section 258 of the 
Communications Act of 1934, as amended by this section, not later than 
April 30, 1998.
    (e) Reports to Congress.--
            (1) Initial report.--Not later than October 31, 1998, the 
        Commission shall submit to Congress a report on unauthorized 
        changes of subscribers' selections of providers of telephone 
        exchange service or telephone toll service. The report shall 
        include the following:
                    (A) A list of the ten telecommunications carriers 
                that, during the one-year period ending on the date of 
                the report, were subject to the highest number of 
                complaints of having executed unauthorized changes of 
                subscribers from their selected providers of telephone 
                exchange service or telephone toll service when 
                compared with the total number of subscribers served by 
                such carriers.
                    (B) The telecommunications carriers, if any, 
                assessed fines or penalties under section 258(c) of the 
                Communications Act of 1934, as added by subsection (c) 
                of this section, during that period, including the 
                amount of each fine or penalty, and whether the fine or 
                penalty was assessed as a result of a court judgment or 
                an order of the Commission or was secured pursuant to a 
                consent decree.
                    (C) Whether or not subscribers should be authorized 
                to bring a private cause of action against 
                telecommunications carriers that change subscriber 
                selections of providers of telephone exchange service 
                or telephone toll service in violation of the 
                procedures prescribed under section 258(a) of the 
                Communications Act of 1934 and, if so, the advisability 
                of establishing minimum statutory penalties for 
                violations addressed by such causes of action.
                    (D) Whether or not the fines and penalties imposed 
                by the Commission under section 258(c) of the 
                Communications Act of 1934, as so added, are sufficient 
                to deter telecommunications carriers from changing 
                subscriber selections of providers of telephone 
                exchange service or telephone toll service in violation 
                of such procedures.
            (2) Update.--Not later than one year after the date on 
        which the Commission submits the report required by paragraph 
        (1), and each year thereafter, the Commission shall submit to 
        Congress an update of the previous report under this subsection 
        which sets forth the information specified in subparagraphs (A) 
        and (B) of that paragraph for one-year period preceding the 
        date of the report concerned.
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