§  64.1150   Procedures for resolution of unauthorized changes in preferred
carrier.

   (a) Notification of alleged unauthorized carrier change. Executing
   carriers who are informed of an unauthorized carrier change by a
   subscriber must immediately notify both the authorized and allegedly
   unauthorized carrier of the incident. This notification must include
   the identity of both carriers.

   (b) Referral of complaint. Any carrier, executing, authorized, or
   allegedly unauthorized, that is informed by a subscriber or an
   executing carrier of an unauthorized carrier change shall direct that
   subscriber either to the state commission or, where the state
   commission has not opted to administer these rules, to the Federal
   Communications Commission's Consumer & Governmental Affairs Bureau, for
   resolution of the complaint. Carriers shall also inform the subscriber
   that he or she may contact and seek resolution from the alleged
   unauthorized carrier and, in addition, may contact the authorized
   carrier.

   (c) Notification of receipt of complaint. Upon receipt of an
   unauthorized carrier change complaint, the relevant governmental agency
   will notify the allegedly unauthorized carrier of the complaint and
   order that the carrier remove all unpaid charges for the first 30 days
   after the slam from the subscriber's bill pending a determination of
   whether an unauthorized change, as defined by §  64.1100(e), has
   occurred, if it has not already done so.

   (d) Proof of verification. Not more than 30 days after notification of
   the complaint, or such lesser time as is required by the state
   commission if a matter is brought before a state commission, the
   alleged unauthorized carrier shall provide to the relevant government
   agency a copy of any valid proof of verification of the carrier change.
   This proof of verification must contain clear and convincing evidence
   of a valid authorized carrier change, as that term is defined in
   § §  64.1120 through 64.1130. The relevant governmental agency will
   determine whether an unauthorized change, as defined by §  64.1100(e),
   has occurred using such proof and any evidence supplied by the
   subscriber. Failure by the carrier to respond or provide proof of
   verification will be presumed to be clear and convincing evidence of a
   violation.

   (e) Election of forum. The Federal Communications Commission will not
   adjudicate a complaint filed pursuant to §  1.719 or § §  1.720 through
   1.736 of this chapter, involving an alleged unauthorized change, as
   defined by §  64.1100(e), while a complaint based on the same set of
   facts is pending with a state commission.

   [ 65 FR 47692 , Aug. 3, 2000, as amended at  68 FR 19159 , Apr. 18, 2003;
    73 FR 13149 , Mar. 12, 2008]

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