[Federal Register Volume 64, Number 93 (Friday, May 14, 1999)]
[Notices]
[Pages 26412-26413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12299]


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FEDERAL COMMUNICATIONS COMMISSION


Publication Information Collections Approved by Office of 
Management and Budget

May 10, 1999.
    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, Pub.L. 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: 04/30/2002.
    Title: Implementation of the Subscriber Carrier Selection Changes 
Provisions of the Telecommunications Act of 1996.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 1800 respondents; 20.46 hours per response 
(avg.); 36,844 total annual burden hours for all collections.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; recordkeeping requirements; 
third party disclosures.
    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 subscriber in 
an amount equal to all charges paid by the subscriber after such 
violation. In order to implement section 258, the Commission amended 
its rules to modify sections 64.1100 and 64.1150 of its rules and add 
new sections 64.1160, 64.1170, 64.1180, and 64.1190 to its rules. The 
modifications and additions are necessary to accommodate the 
Commission's expanded scope of authority to require verification of 
orders generated by telemarketing for all telecommunications service, 
and to provide that unauthorized carriers forfeit all charges collected 
as a result of their unlawful actions.
    a. Section 64.1100: Separate authorization and verification for 
multiple services. Pursuant to rule section 64.1100(b), a carrier 
marketing multiple services (e.g., intraLATA and interLATA) must 
specifically distinguish among such services in any preferred carrier 
solicitation and must obtain separate authorization for each service 
that is being changed. Retention of verification records. Pursuant to 
rule

[[Page 26413]]

section 64.1100(a)(1), a carrier must retain verification records for 
two years after their creation. Subscriber Liability for Charges. 
Pursuant to section 64.1100(d), any carrier that the subscriber calls 
to report the unauthorized change is required to inform the subscriber 
that he or she is not required to pay for any slamming charges incurred 
for the first 30 days after the unauthorized charges. Re-rating of 
slamming charges. Pursuant to rule section 64.1100(d)(3), where a 
slamming carrier imposes charges on a subscriber outside of the 30-day 
absolution period, the subscriber must pay those charges to the 
authorized carrier at the authorized carrier's rates, after the 
authorized carrier has re-rated the subscriber's bill. (No. of 
respondents: 1800; hours per response: 1.5 hours; total annual burden: 
2,700 hours).
    b. Section 64.1150. Pursuant to Section 64.1150 no 
telecommunications carrier shall submit a preferred carrier charge 
order unless and until the order has first been confirmed in accordance 
with the procedures of 64.1150 (a)-(d). Telecommunications carriers may 
obtain the subscriber's written authorization as required by 64.1150 or 
an electronic authorization, or an oral authorization through a 
qualified independent third party. The Commission also permits state-
enacted verification procedures applicable to intrastate preferred 
carrier charge orders. (No. of respondents: 675; hours per response: 
1.25 hours; total annual burden 844 hours).
    c. Section 64.1160. Letter of Agency. Section 64.1160 contains the 
requirements for issuing a letter of agency to obtain written 
authorization and/or verification of a subscriber's request to change 
his/her preferred carrier selection. The letter of agency must be a 
separate document, shall not be combined on the same document with 
inducements of any kind. It must be legible, and contain clear and 
unambiguous language. If any portion of the letter of agency is 
transmitted into another language then all portions of the letter of 
agency must be translated. Separate authorization and verification for 
multiple services. Pursuant to section 64.1160(e)(4), a carrier 
marketing multiple services (e.g., intraLATA and interLATA) must 
specifically distinguish among such services in any letter of agency, 
and must obtain separate authorization for each service that is being 
changed. (No. of respondents: 1800; hours per response: 1.5 hours; 
total annual burden: 2700 hours). Section 64.1170. Request for proof of 
verification from authorized carrier to unauthorized carrier. Pursuant 
to section 64.1170(a), upon receiving notification from the subscriber 
or an executing carrier that a subscriber's carrier selection was 
changed without authorization, the properly authorized carrier must, 
within 30 days, request from the allegedly unauthorized carrier proof 
of verification of the subscriber's authorization to change carriers. 
Unauthorized carrier's response to authorized carrier's request for 
proof of verification. Pursuant to section 64.1170(a), within ten days 
of receiving the authorized carriers request for proof of verification, 
the allegedly unauthorized carrier shall forward to the authorized 
carrier either (1) proof of verification of the subscriber's 
authorization to change carriers; or (2) copies of any telephone 
bill(s) issued from the unauthorized carrier to the subscriber, if 
applicable; and certain charges. Subscriber Refunds or Credits. 
Pursuant to section 64.1170(d)(1), the authorized carrier must notify 
the subscriber within 60 days after the subscriber has notified the 
authorized carrier of an unauthorized change, if the authorized carrier 
has failed to collect from the unauthorized carrier the charges paid by 
the slammed subscriber. (No. of respondents: 1800; hours per response: 
5 hours; total annual burden: 9000 hours).
    e. Section 64.1180. Investigation Procedures. Pursuant to 64.1180, 
the carrier shall have the opportunity to submit to the subscriber's 
authorized carrier a claim for the amount of charges for which the 
subscriber was absolved, along with proof of the subscriber's 
verification of the disputed carrier change. The authorized carrier 
shall make a decision as to whether the subscriber was actually slammed 
by the carrier making the claim. Within 60 days after receipt of the 
claim and the proof of verification, the originally authorized carrier 
shall issue a decision to the subscribers and the carrier making the 
claim. (No. of respondents: 1800; hours per respondents: 4 hours; total 
annual burden: 7200 hours).
    f. Section 64.1190. Freeze verification: Pursuant to section 
64.1190, 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).
    g. Proposed Registration Requirement: The FNPRM proposed to add a 
new section 64.1195 that requires carriers to file a registration with 
the Commission in order to provide interstate telecommunications 
service. The Commission proposed that the registration should contain, 
at a minimum, the carrier's business name(s); the names and addresses 
of all officers and principals; verification that such officers and 
principals have no prior history of committing fraud; and verification 
of the financial viability of the carrier. (No. of respondents: 1800; 
hours per response: 2 hours; total annual burden: 3600 hours).
    h. Proposed Reporting Requirement. The FNPRM sought comments on 
whether the Commission should require carriers to submit to the 
Commission a report containing the number of slamming complaints 
submitted to that carrier. (No. of respondents: 1800; hours per 
response: 2 hours; total annual burden: 3600 hours).
    i. Proposed Carrier Liability: The FNPRM proposed to require (1) 
where a consumer has paid charges to a slamming carrier, the authorized 
carrier shall be permitted to collect from the slamming carrier double 
the amount of charges paid by the subscriber during the first 30 days 
after the unauthorized change; and (2) where a consumer has not paid 
charges to the slamming carrier, the authorized carrier shall be 
permitted to collect from the slamming carrier the amount that would 
have been billed to the subscriber during the first 30 days after the 
unauthorized change. (No. of respondents: 1800; hours per response: 2 
hours; total annual burden: 3600 hours). Obligation to respond: 
Mandatory.
    Public reporting burden for the collections 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, D.C. 20554.

Federal Communications Commission.
Shirley S. Suggs,
Chief, Publications Branch.
[FR Doc. 99-12299 Filed 5-13-99; 8:45 am]
BILLING CODE 6712-01-P