[Congressional Record Volume 145, Number 73 (Wednesday, May 19, 1999)]
[Senate]
[Pages S5601-S5604]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Bryan, and Ms. Snowe):
  S. 1084. A bill to amend the Communications Act of 1934 to protect 
consumers from the unauthorized switching of their long-distance 
service; to the Committee on Commerce, Science, and Transportation.


   telecommunications competition and consumer protection act of 1999

  Mr. McCAIN. Mr. President, I rise today to introduce legislation, 
cosponsored by Senators Bryan and Snowe, designed to stop the 
widespread anticonsumer telemarketing abuse known as ``slamming.'' 
Since virtually every consumer has either been ``slammed'' or knows 
someone who has, it's probably unnecessary to add that ``slamming'' is 
the practice whereby a consumer's chosen long-distance telephone 
company is changed without the consumer's knowledge or consent. Given 
the pervasiveness of this unscrupulous practice, it comes as no 
surprise that slamming has been the number one consumer complaint for 
the last several years.
  This marks the third time I have introduced antislamming legislation. 
Last year a similar antislamming bill failed to become law when the 
legislative clock ran out before the House of Representatives acted, 
despite the fact that the bill incorporated a number of provisions that 
the House had insisted upon, and which the Senate believed weren't 
tough enough on slammers.
  The reason I return today with a slamming bill is that, in the 
absence of legislation, the Federal Communications Commission adopted a 
set of antislamming rules that a reviewing court has now stayed. As a 
result, consumers are once again without the immediate prospect of any 
effective antislamming laws. This legislation is intended to provide 
some.
  But there is also another reason for reintroducing antislamming 
legislation. The main reason the court stayed the FCC's antislamming 
rules is that the long-distance companies--the very companies who are 
responsible for slamming in the first place--asked the court to do so 
because of an alternative antislamming scheme these companies dreamed 
up and now want the FCC to implement. Pursuant to the long-distance 
companies' plan, the long-distance companies--they're the slammers, 
remember--would hire a supposedly independent ``third-party 
administrator'' who would handle enforcement of the antislamming rules 
instead of the FCC. Given the fact that virtually everyone other than 
the long-distance companies, including state enforcement authorities, 
are foursquare against this proposal, the long-distance companies' 
court strategy ups the ante on the FCC to cave in and adopt this 
obviously self-serving plan.
  Not since the fox volunteered to watch the henhouse have we seen such 
a demonstration of solicitude for the well-being of the vulnerable.
  There are many instances in which industry comes up with creative 
ways for government to deal with industry problems. This isn't one of 
them.
  Let's call it what it is. This scheme is the latest manifestation of 
an ongoing effort by the long-distance companies to avoid having to 
face up to real penalties if they can't make their telemarketers stop 
slamming people. Their rhetoric deplores slamming, but their 
machinations before Congress and the FCC show otherwise. And if the 
FCC--the supposedly pro-consumer FCC--were to even flirt with the 
notion of embracing the long-distance industry's scheme, it would show, 
when push comes to shove, whose interests would really matter to this 
agency.
  In a published court opinion, Judge Lawrence Silberman of the D.C. 
Court of Appeals referred to something else the FCC once did as being 
``not just stupid--criminally stupid.'' Mr. President, it would be 
either criminal stupidity, or duplicity of the highest order, for the 
FCC to ignore the views of everyone except the big long-distance 
companies and adopt their blatantly anticonsumer plan.
  As I said when I introduced the similar legislation last October, 
this bill isn't perfect--it contains provisions generated by the House 
of Representatives, that I consider much too slammer-friendly. But it's 
still a lot better than the industry-promoted alternative. And so I 
offer to better protect consumers and to send the FCC the message that 
it's their duty to do the same.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1084

       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 ``Telecommunications 
     Competition and Consumer Protection Act of 1999''.

                           TITLE I--SLAMMING

     SEC. 101. IMPROVED PROTECTION FOR CONSUMERS.

       (a) Consumer Protection Practices.--Section 258 of the 
     Communications Act of 1934 (47 U.S.C. 258) is amended to read 
     as follows:

     ``SEC. 258. ILLEGAL CHANGES IN SUBSCRIBER SELECTIONS OF 
                   CARRIERS.

       ``(a) Alternative Modes of Regulation.--
       ``(1) Industry/commission code.--Within 180 days after the 
     date of enactment of the Telecommunications Competition and 
     Consumer Protection Act of 1999, the Commission, after 
     consulting with the Federal Trade Commission and 
     representatives of telecommunications carriers providing 
     telephone toll service and telephone exchange service, State 
     commissions, and consumers, and considering any proposals 
     developed by such representatives, shall prescribe, after 
     notice and public comment and in accordance with subsection 
     (b), a Code of Subscriber Protection Practices (hereinafter 
     in this section referred as the `Code') governing changes in 
     a subscriber's selection of a provider of telephone exchange 
     service or telephone toll service.
       ``(2) Obligation to comply.--No telecommunications carrier 
     (including a reseller of telecommunications services) shall 
     submit or execute a change in a subscriber's selection of a 
     provider of telephone exchange

[[Page S5602]]

     service or telephone toll service except in accordance with--
       ``(A) the Code, if such carrier elects to comply with the 
     Code in accordance with subsection (b)(2); or
       ``(B) the requirements of subsection (c), if--
       ``(i) the carrier does not elect to comply with the Code 
     under subsection (b)(2); or
       ``(ii) such election is revoked or withdrawn.
       ``(b) Minimum Provisions of the Code.--
       ``(1) Subscriber protection practices.--The Code required 
     by subsection (a)(1) shall include guidelines addressing the 
     following:
       ``(A) In general.--A telecommunications carrier (including 
     a reseller of telecommunications services) electing to comply 
     with the Code shall submit a change in a subscriber's 
     selection of a provider of telephone exchange service or 
     telephone toll service only in accordance with the provisions 
     of the Code.
       ``(B) Negative option.--A telecommunications carrier shall 
     not use negative option marketing.
       ``(C) Verification.--A submitting carrier shall verify the 
     subscriber's selection of the carrier in accordance with 
     procedures specified in the Code. The executing carrier may 
     rely on the submitting carrier's verification in executing 
     the change or may, at its discretion, confirm the 
     verification of a change in the subscriber's selection with 
     the customer.
       ``(D) Unfair and deceptive acts and practices.--No 
     telecommunications carrier, nor any person acting on behalf 
     of any such carrier, shall engage in any unfair or deceptive 
     acts or practices in connection with the solicitation of a 
     change in a subscriber's selection of a telecommunications 
     carrier.
       ``(E) Notification and rights.--A telecommunications 
     carrier shall provide timely and accurate notification to the 
     subscriber in accordance with procedures specified in the 
     Code.
       ``(F) Slamming liability and remedies.--
       ``(i) Required reimbursement and credit.--A 
     telecommunications carrier that has improperly changed the 
     subscriber's selection of a telecommunications carrier 
     without authorization, shall at a minimum--

       ``(I) reimburse the subscriber for the fees associated with 
     switching the subscriber back to their original carrier; and
       ``(II) provide a credit for any telecommunications charges 
     incurred by the subscriber during the period, not to exceed 
     30 days, while that subscriber was improperly presubscribed.

       ``(ii) Procedures.--The Code shall prescribe procedures by 
     which--

       ``(I) a subscriber may make an allegation of a violation 
     under clause (i);
       ``(II) the telecommunications carrier may rebut such 
     allegation;
       ``(III) the subscriber may, without undue delay, burden, or 
     expense, challenge the rebuttal; and
       ``(IV) resolve any administrative review of such an 
     allegation within 75 days after receipt of an appeal.

       ``(G) Recordkeeping.--A telecommunications carrier shall 
     make and maintain a record of the verification process and 
     shall provide a copy to the subscriber immediately upon 
     request.
       ``(H) Quality control.--A telecommunications carrier shall 
     institute a quality control program to prevent inadvertent 
     changes in a subscriber's selection of a carrier.
       ``(I) Independent audits.--A telecommunications carrier 
     shall provide the Commission with an independent audit 
     regarding its compliance with the Code at intervals 
     prescribed by the Code. The Commission may require a 
     telecommunications carrier to provide an independent audit on 
     a more frequent basis if there is evidence that such 
     telecommunications carrier is violating the Code.
       ``(2) Election by carriers.--Each telecommunications 
     carrier electing to comply with the Code shall file with the 
     Commission within 20 days after the adoption of the Code, or 
     within 20 days after commencing operations as a 
     telecommunications carrier, a statement electing the Code to 
     govern such carrier's submission or execution of a change in 
     a customer's selection of a provider of telephone exchange 
     service or telephone toll service. Such election by a carrier 
     may not be revoked or withdrawn unless the Commission finds 
     that there is good cause therefor, including a determination 
     that the carrier has failed to adhere in good faith to the 
     applicable provisions of the Code, and that the revocation or 
     withdrawal is in the public interest. Any telecommunications 
     carrier that fails to elect to comply with the Code shall be 
     deemed to have elected to be governed by the subsection (c) 
     and the Commission's regulations thereunder.
       ``(3) Penalties available.--Nothing in this subsection or 
     in any regulations thereunder shall be construed as limiting 
     the application of section 503 to violations of the Code.
       ``(c) Regulations of Carriers Not Electing to Comply With 
     Code.--
       ``(1) In general.--A telecommunications carrier (including 
     a reseller of telecommunications services) that has not 
     elected to comply with the Code under subsection (b), or as 
     to which the election has been withdrawn or revoked, shall 
     not submit or execute a change in a subscriber's selection of 
     a provider of telephone exchange service or telephone toll 
     service except in accordance with this subsection and such 
     verification procedures as the Commission shall prescribe.
       ``(2) Verification.--
       ``(A) In general.--In order to verify a subscriber's 
     selection of a telephone exchange service or telephone toll 
     service provider under this subsection, the 
     telecommunications carrier submitting the change to an 
     executing carrier shall, at a minimum, require the 
     subscriber--
       ``(i) to affirm that the subscriber is authorized to select 
     the provider of that service for the telephone number in 
     question;
       ``(ii) to acknowledge the type of service to be changed as 
     a result of the selection;
       ``(iii) to affirm the subscriber's intent to select the 
     provider as the provider of that service;
       ``(iv) to acknowledge that the selection of the provider 
     will result in a change in providers of that service; and
       ``(v) to provide such other information as the Commission 
     considers appropriate for the protection of the subscriber.
       ``(B) Additional requirements.--The procedures prescribed 
     by the Commission to verify a subscriber's selection of a 
     provider shall--
       ``(i) preclude the use of negative option marketing;
       ``(ii) provide for a complete copy of verification of a 
     change in telephone exchange service or telephone toll 
     service provider in oral, written, or electronic form;
       ``(iii) require the retention of such verification in such 
     manner and form and for such time as the Commission considers 
     appropriate;
       ``(iv) mandate that verification occur in the same language 
     as that in which the change was solicited; and
       ``(v) provide for verification to be made available to a 
     subscriber on request.
       ``(C) Notice to subscriber.--Whenever a telecommunication 
     carrier submits a change in a subscriber's selection of a 
     provider of telephone exchange service or telephone toll 
     service, such telecommunications carrier shall clearly notify 
     the subscriber in writing, not more than 15 days after the 
     change is submitted to the executing carrier--
       ``(i) of the subscriber's new carrier; and
       ``(ii) that the subscriber may request information 
     regarding the date on which the change was agreed to and the 
     name of the individual who authorized the change.
       ``(3) Liability for violations.--
       ``(A) Notification of change.--The first bill issued after 
     the effective date of a change in a subscriber's provider of 
     telephone exchange service or telephone toll service by the 
     executing carrier for such change shall--
       ``(i) prominently disclose the change in provider and the 
     effective date of such change;
       ``(ii) contain the name and toll-free number of any 
     telecommunications carrier for such new service; and
       ``(iii) direct the subscriber to contact the executing 
     carrier if the subscriber believes that such change was not 
     authorized and that the change was made in violation of this 
     subsection, and contain the toll-free number by which to make 
     such contact.
       ``(B) Automatic switch-back of service and credit to 
     consumer of charges.--
       ``(i) Obligations of executing carrier.--If a subscriber of 
     telephone exchange service or telephone toll service makes an 
     allegation, orally or in writing, to the executing carrier 
     that a violation of this subsection has occurred with respect 
     to such subscriber--

       ``(I) the executing carrier shall, without charge to the 
     subscriber, execute an immediate change in the provider of 
     the telephone service that is the subject of the allegation 
     to restore the previous provider of such service for the 
     subscriber, as reflected in the records of the executing 
     carrier;
       ``(II) the executing carrier shall provide an immediate 
     credit to the subscriber's account for any charges for 
     executing the original change of service provider;
       ``(III) if the executing carrier conducts billing for the 
     carrier that is the subject of the allegation, the executing 
     carrier shall provide an immediate credit to the subscriber's 
     account for such service, in an amount equal to any charges 
     for the telephone service that is the subject of the 
     allegation incurred during the period--

       ``(aa) beginning upon the date of the change of service 
     that is the subject of the allegation; and
       ``(bb) ending on the earlier of the date that the 
     subscriber is restored to the previous provider, or 30 days 
     after the date the bill described in subparagraph (A) is 
     issued; and

       ``(IV) the executing carrier shall recover the costs of 
     executing the change in provider to restore the previous 
     provider, and any credits provided under subclauses (II) and 
     (III), by recourse to the provider that is the subject of the 
     allegation.

       ``(ii) Obligations of carriers not billing through 
     executing carriers.--If a subscriber of telephone exchange 
     service or telephone toll service transmits, orally or in 
     writing, to any carrier that does not use an executing 
     carrier to conduct billing an allegation that a violation of 
     this subsection has occurred with respect to such subscriber, 
     the carrier shall provide an immediate credit to the 
     subscriber's account for such service, and the subscriber 
     shall, except as provided in subparagraph (C)(iii), be 
     discharged from liability, for an amount equal to any charges 
     for the telephone service that is the subject of the 
     allegation incurred during the period--

       ``(I) beginning upon the date of the change of service that 
     is the subject of the allegation; and

[[Page S5603]]

       ``(II) ending on the earlier of the date that the 
     subscriber is restored to the previous provider, or 30 days 
     after the date the bill described in subparagraph (A) is 
     issued.

       ``(iii) Time limitation.--This subparagraph shall apply 
     only to allegations made by subscribers before the expiration 
     of the 1-year period that begins on the issuance of the bill 
     described in subparagraph (A).
       ``(C) Procedure for carrier remedy.--
       ``(i) In general.--The Commission shall, by rule, establish 
     a procedure for rendering determinations with respect to 
     violations of this subsection. Such procedure shall permit 
     such determinations to be made upon the filing of (I) a 
     complaint by a telecommunications carrier that was providing 
     telephone exchange service or telephone toll service to a 
     subscriber before the occurrence of an alleged violation, and 
     seeking damages under clause (ii), or (II) a complaint by a 
     telecommunications carrier that was providing services after 
     the alleged violation, and seeking a reinstatement of charges 
     under clause (iii). Either such complaint shall be filed not 
     later than 6 months after the date on which any subscriber 
     whose allegation is included in the complaint submitted an 
     allegation of the violation to the executing carrier under 
     subparagraph (B)(i). Either such complaint may seek 
     determinations under this paragraph with respect to multiple 
     alleged violations in accordance with such procedures as the 
     Commission shall establish in the rules prescribed under this 
     subparagraph.
       ``(ii) Determination of violation and remedies.--In a 
     proceeding under this subparagraph, if the Commission 
     determines that a violation of this subsection has occurred, 
     other than an inadvertent or unintentional violation, the 
     Commission shall award damages--

       ``(I) to the telecommunications carrier filing the 
     complaint, in an amount equal to the sum of (aa) the gross 
     amount of charges that the carrier would have received from 
     the subscriber during the violation, and (bb) $500 per 
     violation; and
       ``(II) to the subscriber that was subjected to the 
     violation, in the amount of $500.

       ``(iii) Determination of no violation.--If the Commission 
     determines that a violation of this subsection has not 
     occurred, the Commission shall order that any credit provided 
     to the subscriber under subparagraph (B)(ii) be reversed, or 
     that the carrier may resubmit a bill for the amount of the 
     credit to the subscriber notwithstanding any discharge under 
     subparagraph (B)(ii).
       ``(iv) Speedy resolution of complaints.--The procedure 
     established under this subparagraph shall provide for a 
     determination of each complaint filed under the procedure not 
     later than 6 months after filing.
       ``(D) Maintenance of information.--
       ``(i) In general.--The Commission shall, by rule, require 
     each executing carrier to maintain information regarding each 
     alleged violation of this subsection of which the carrier has 
     been notified.
       ``(ii) Contents.--The information required to be maintained 
     pursuant to this paragraph shall include, for each alleged 
     violation of this subsection, the effective date of the 
     change of service involved in the alleged violation, the name 
     of the provider of the service to which the change was made, 
     the name, address, and telephone number of the subscriber who 
     was subject to the alleged violation, and the amount of any 
     credit provided under subparagraph (B)(ii).
       ``(iii) Form.--The Commission shall prescribe one or more 
     computer data formats for the maintenance of information 
     under this paragraph, which shall be designed to facilitate 
     submission and compilation pursuant to this subparagraph.
       ``(iv) Monthly reports.--Each executing carrier shall, on 
     not less than a monthly basis, submit the information 
     maintained pursuant to this subparagraph to the Commission.
       ``(v) Access to information.--The Commission shall make the 
     information submitted pursuant to clause (iv) available upon 
     request to any telecommunications carrier. Any 
     telecommunications carrier obtaining access to such 
     information shall use such information exclusively for the 
     purposes of investigating, filing, or resolving complaints 
     under this section.
       ``(4) Civil penalties.--Unless the Commission determines 
     that there are mitigating circumstances, violation of this 
     subsection is punishable by a forfeiture penalty under 
     section 503 of not less than $40,000 for the first offense, 
     and not less than $150,000 for each subsequent offense.
       ``(5) Recovery of forfeitures.--The Commission may take 
     such action as may be necessary--
       ``(A) to collect any forfeitures it imposes under this 
     subsection; and
       ``(B) on behalf of any subscriber, to collect any damages 
     awarded the subscriber under this subsection.
       ``(d) Application to Wireless.--This section does not apply 
     to a provider of commercial mobile service.
       ``(e) Commission Requirements.--
       ``(1) Semiannual reports.--Every 6 months, the Commission 
     shall compile and publish a report ranking telecommunications 
     carriers by the percentage of verified complaints, excluding 
     those generated by the carrier's unaffiliated resellers, 
     compared to the number of the carrier's changes in a 
     subscriber's selection of a provider of telephone exchange 
     service and telephone toll service.
       ``(2) Investigation.--If a telecommunications carrier is 
     listed among the 5 worst performers based upon the percentage 
     of verified complaints, excluding those generated by the 
     carrier's unaffiliated resellers, compared to its number of 
     carrier selection changes in the semiannual reports 3 times 
     in succession, the Commission shall investigate the carrier's 
     practices regarding subscribers' selections of providers of 
     telephone exchange service and telephone toll service. If the 
     Commission finds that the carrier is misrepresenting 
     adherence to the Code or is willfully and repeatedly changing 
     subscribers' selections of providers, the Commission shall 
     find such carrier to be in violation of this section and 
     shall impose a civil penalty on the carrier under section 503 
     of up to $1,000,000.
       ``(3) Code review.--Every 2 years, the Commission shall 
     review the Code to ensure its requirements adequately protect 
     subscribers from improper changes in a subscriber's selection 
     of a provider of telephone exchange service and telephone 
     toll service.
       ``(f) Actions by States.--
       ``(1) In general.--Whenever an attorney general of any 
     State has reason to believe that the interests of the 
     residents of that State have been or are being threatened or 
     adversely affected because any person has violated the Code 
     or subsection (c), or any rule or regulation prescribed by 
     the Commission under subsection (c), the State may bring a 
     civil action on behalf of its residents in an appropriate 
     district court of the United States to enjoin such violation, 
     to enforce compliance with such Code, subsection, rule, or 
     regulation, to obtain damages on behalf of their residents, 
     or to obtain such further and other relief as the court may 
     deem appropriate.
       ``(2) Notice.--The State shall serve prior written notice 
     of any civil action under paragraph (1) upon the Commission 
     and provide the Commission with a copy of its complaint, 
     except that if it is not feasible for the State to provide 
     such prior notice, the State shall serve such notice 
     immediately upon instituting such action. Upon receiving a 
     notice respecting a civil action, the Commission shall have 
     the right (A) to intervene in such action, (B) upon so 
     intervening, to be heard on all matters arising therein, and 
     (C) to file petitions for appeal.
       ``(3) Venue.--Any civil action brought under this section 
     in a district court of the United States may be brought in 
     the district wherein the defendant is found or is an 
     inhabitant or transacts business or wherein the violation 
     occurred or is occurring, and process in such cases may be 
     served in any district in which the defendant is an 
     inhabitant or wherever the defendant may be found.
       ``(4) Investigatory powers.--For purposes of bringing any 
     civil action under paragraph (1), nothing in this Act shall 
     prevent the attorney general from exercising the powers 
     conferred on the attorney general by the laws of such State 
     to conduct investigations or to administer oaths or 
     affirmations or to compel the attendance of witnesses or the 
     production of documentary and other evidence.
       ``(5) Effect on state court proceedings.--Nothing contained 
     in this subsection shall prohibit an authorized State 
     official from proceeding in State court on the basis of an 
     alleged violation of any general civil or criminal statute of 
     such State.
       ``(6) Limitation.--Whenever the Commission has instituted a 
     civil action for violation of this section or any rule or 
     regulation thereunder, no State may, during the pendency of 
     such action instituted by the Commission, institute a civil 
     action against any defendant named in the Commission's 
     complaint for violation of any rule as alleged in the 
     Commission's complaint.
       ``(7) Actions by other state officials.--In addition to 
     actions brought by an attorney general of a State under 
     paragraph (1), such an action may be brought by officers of 
     such State who are authorized by the State to bring actions 
     in such State for protection of consumers.
       ``(g) State Law Not Preempted.--
       ``(1) In General.--Nothing in this section or in the 
     regulations prescribed under this section shall preempt any 
     State law that imposes more restrictive requirements, 
     regulations (including an option protecting a subscriber's 
     choice of a provider of telephone exchange service or 
     telephone toll service from being switched without the 
     subscriber's express consent), damages, costs, or penalties 
     on changes in a subscriber's service or selection of a 
     provider of telephone exchange service or telephone toll 
     services than are imposed under this section.
       ``(2) Preservation of commission authority with respect to 
     unfair marketing of subscriber selection freezes.--
     Notwithstanding paragraph (1), the Commission shall prescribe 
     rules to prevent the marketing or provision in an unfair or 
     deceptive manner of an option protecting a subscriber's 
     choice of a provider of telephone exchange service or 
     telephone toll service from being switched without the 
     subscriber's express consent.
       ``(h) Rules of Construction.--
       ``(1) Change includes initial selection.--For purposes of 
     this section, the initiation of telephone toll service to a 
     subscriber by a telecommunications carrier shall be treated 
     as a change in selection of a provider of telephone toll 
     service.
       ``(2) Action by unaffiliated reseller not imputed to 
     carrier.--No telecommunications carrier may be found in 
     violation of this section solely on the basis of a violation 
     of this section by an unaffiliated reseller of that carrier's 
     services or facilities.

[[Page S5604]]

       ``(i) Definitions.--For purposes of this section:
       ``(1) Subscriber.--The term `subscriber' means the person 
     named on the billing statement or account, or any other 
     person authorized to make changes in the providers of 
     telephone exchange service or telephone toll service.
       ``(2) Executing carrier.--The term `executing carrier' 
     means, with respect to any change in the provider of local 
     exchange service or telephone toll service, the local 
     exchange carrier that executed such change.
       ``(3) Attorney general.--The term `attorney general' means 
     the chief legal officer of a State.''.
       (b) NTIA Study of Third-Party Administration.--Within 180 
     days of enactment of this Act, the National 
     Telecommunications and Information Administration shall 
     report to the Committee on Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate on the feasibility and 
     desirability of establishing a neutral third-party 
     administration system to prevent illegal changes in telephone 
     subscriber carrier selections. The study shall include--
       (1) an analysis of the cost of establishing a single 
     national or several independent databases or clearinghouses 
     to verify and submit changes in carrier selections;
       (2) the additional cost to carriers, per change in carrier 
     selection, to fund the ongoing operation of any or all such 
     independent databases or clearinghouses; and
       (3) the advantages and disadvantages of utilizing 
     independent databases or clearinghouses for verifying and 
     submitting carrier selection changes.
                                 ______