A.
Preferred Carrier Freezes on
Customer Request
Telecommunications carriers that offer preferred carrier
freezes shall offer freezes on a non-discriminatory basis to all customers,
regardless of the customer's carrier selections, upon request by a
customer.
B.
Freezes for Individual Telecommunication Services
A telecommunications carrier that offers freezes for more
than one type of service (i.e. local exchange, intrastate toll, interstate
toll, and international toll) must provide and obtain separate authorization
for each type of freeze separately; telecommunications carriers may not bundle
freezes for multiple services. Telecommunications carriers offering preferred
carrier freezes must inform customers of this requirement when customers make
inquiries regarding preferred carrier freezes.
C.
Solicitation of Preferred
Carrier Freezes
All carrier-provided solicitation and other materials
regarding preferred carrier freezes must include:
1. An explanation, in clear and neutral
language, of what a preferred carrier freeze is and what services may be
subject to a freeze;
2. A
description of the specific procedures necessary to lift a preferred carrier
freeze;
3. An explanation that the
customer will be unable to make a carrier change unless he or she lifts the
freeze; and
4. An explanation of
any charges associated with the preferred carrier freeze.
D.
Imposition of a Preferred
Carrier Freeze
No local exchange carrier shall implement a preferred carrier
freeze unless the subscriber's request to impose a freeze has first been
confirmed in accordance with one of the following procedures:
1.
Written
Authorization. The local exchange carrier has obtained the
subscriber's written authorization in a form that meets the following
requirements:
a. The written authorization
shall comply with section
3(B)(1) of this
Chapter concerning the form and content of letters of agency.
b. The written authorization must be printed
with a readable type of sufficient size to be clearly legible and must contain
clear and unambiguous language that confirms:
i. the subscriber's billing name and address
and the telephone number(s) to be covered by the carrier freeze;
ii. the decision to place a preferred carrier
freeze on the telephone number(s) and particular service(s). The authorization
must contain separate statements regarding the particular selections to be
frozen (i.e. for local exchange, intrastate toll, interstate/interstate toll
service, and international toll);
iii. that the subscriber understands that he
or she will be unable to make a change in carrier selection unless he or she
lifts the preferred carrier freeze; and
iv. that the subscriber understands that any
preferred carrier freeze may involve a charge to the subscriber.
2.
Electronic Authorization. The local exchange carrier
has obtained the subscriber's electronic authorization, placed from the
telephone number(s) on which the preferred carrier freeze is to be imposed. The
electronic authorization should confirm verification data (e.g. the
subscriber's date of birth or social security number) and the information
required in section
2(D)(1)(b).
Telecommunications carriers electing to confirm preferred carrier freeze orders
electronically shall establish one or more toll-free telephone numbers
exclusively for that purpose. Calls to the number(s) will connect a subscriber
to a voice response unit, or similar mechanism, that records the required
information regarding the preferred carrier freeze request, including
automatically recording the originating automatic numbering identification;
or
3.
Third Party
Verification. An independent third party has obtained the
subscriber's oral authorization to submit the preferred carrier freeze and
confirmed the verification data (e.g. the subscriber's date of birth or social
security number) and the information required in section
2(D)(1)(b).The
independent third party cannot be owned, managed, controlled, or directed by
the carrier or the carrier's marketing agent; cannot have any financial
incentive to confirm preferred carrier freezes for the carrier or the carrier's
marketing agent; and must operate in a location physically separate from the
carrier or the carrier's marketing agent.
E.
Verification of Customers'
Request to Inactivate or Lift a Preferred Carrier Freeze
Prior to lifting a customer's preferred carrier freeze to
effect a carrier change, the local exchange carrier must verify the customer's
request to lift the freeze through one of the following methods:
1.
Three Way Call. A
three-way call with the new carrier and customer. When engaged in an oral
authorization to lift a preferred carrier freeze, the carrier administering the
freeze shall confirm appropriate verification data (e.g., the subscriber's date
of birth, or social security number) and the subscriber's intent to lift the
freeze. The carrier administering the freeze shall not market its own services
during three-way calls;
2.
Customer Initiated Telephone Request. A telephonic
request initiated by the customer. The carrier administering the freeze shall
confirm appropriate verification data as described in section
2(E)(1); or
3.
Written Request.
A written and signed request submitted by the subscriber.
