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47 CFR 64.1140 - Carrier liability for slamming.

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§ 64.1140
Carrier liability for slamming.
(a) Carrier Liability for Charges. 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 § 64.1170. The remedies provided in this part are in addition to any other remedies available by law.
(b) Subscriber Liability for Charges. Any subscriber whose selection of telecommunications services provider is changed without authorization verified in accordance with the procedures set for in this part is liable for charges as follows:
(1) If the subscriber has not already paid charges to the unauthorized carrier, the subscriber is absolved of liability for charges imposed by the unauthorized carrier for service provided during the first 30 days after the unauthorized change. Upon being informed by a subscriber that an unauthorized change has occurred, the authorized carrier, the unauthorized carrier, or the executing carrier shall inform the subscriber of this 30-day absolution period. Any charges imposed by the unauthorized carrier on the subscriber for service provided after this 30-day period shall be paid by the subscriber to the authorized carrier at the rates the subscriber was paying to the authorized carrier at the time of the unauthorized change in accordance with the provisions of § 64.1160(e).
(2) If the subscriber has already paid charges to the unauthorized carrier, and the authorized carrier receives payment from the unauthorized carrier as provided for in paragraph (a) of this section, the authorized carrier shall refund or credit to the subscriber any amounts determined in accordance with the provisions of § 64.1170(c).
(3) If the subscriber has been absolved of liability as prescribed by this section, the unauthorized carrier shall also be liable to the subscriber for any charge required to return the subscriber to his or her properly authorized carrier, if applicable.
[65 FR 47691, Aug. 3, 2000]

Title 47 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 47.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-03-26; vol. 78 # 58 - Tuesday, March 26, 2013
    1. 78 FR 18246 - Implementation of the Middle Class Tax Relief and Job Creation Act of 2012; Establishment of a Public Safety Answering Point Do-Not-Call Registry
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      FEDERAL COMMUNICATIONS COMMISSION
      Final rule; announcement of effective date.
      47 CFR 1.80 and 64.1202, published at 77 FR 71131, November 29, 2012, and at 78 FR 10099, February 13, 2013, are effective March 26, 2013.
      47 CFR Parts 1 and 64

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
USC : Title 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

§ 151 - Purposes of chapter; Federal Communications Commission created

§ 152 - Application of chapter

§ 153 - Definitions

§ 154 - Federal Communications Commission

§ 201 - Service and charges

§ 218 - Management of business; inquiries by Commission

§ 219 - Reports by carriers; contents and requirements generally

§ 220 - Accounts, records, and memoranda

§ 222 - Privacy of customer information

§ 225 - Telecommunications services for hearing-impaired and speech-impaired individuals

§ 226 - Telephone operator services

§ 228 - Regulation of carrier offering of pay-per-call services

§ 254 - Universal service

§ 255 - Access by persons with disabilities

§ 332 - Mobile services

§ 403 - Inquiry by Commission on its own motion

Statutes at Large

110 Stat. 56

Title 47 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR 64 after this date.

  • 2013-04-12; vol. 78 # 71 - Friday, April 12, 2013
    1. 78 FR 21891 - Rural Call Completion
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      FEDERAL COMMUNICATIONS COMMISSION
      Notice of proposed rulemaking.
      Submit comments on or before May 13, 2013. Submit reply comments on or before May 28, 2013. Written comments on the Paperwork Reduction Act proposed information collection requirements must be submitted by the public, Office of Management and Budget (OMB), and other interested parties on or before June 11, 2013.
      47 CFR Part 64