FCC 64.631 Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 64.631 Verification of orders for change of default TRS providers.
(a) No iTRS provider, either directly or through its numbering partner,
shall initiate or implement the process to change an iTRS user's
selection of a default provider prior to obtaining:
(1) Authorization from the iTRS user, and
(2) Verification of that authorization in accordance with the
procedures prescribed in this section. The new default provider shall
maintain and preserve without alteration or modification all records of
verification of the iTRS user's authorization for a minimum period of
five years after obtaining such verification and shall make such
records available to the Commission upon request. In any case where the
iTRS provider is unable, unwilling or otherwise fails to make such
records available to the Commission upon request, it shall be presumed
that the iTRS provider has failed to comply with its verification
obligations under the rules.
(b) Where an iTRS provider is offering more than one type of TRS, that
provider must obtain separate authorization from the iTRS user for each
service, although the authorizations may be obtained within the same
transaction. Each authorization must be verified separately from any
other authorizations obtained in the same transaction. Each
authorization must be verified in accordance with the verification
procedures prescribed in this part.
(c) A new iTRS provider shall not, either directly or through its
numbering partner, initiate or implement the process to change a
default provider unless and until the order has been verified in
accordance with one of the following procedures:
(1) The iTRS provider has obtained the iTRS user's written or
electronically signed authorization in a form that meets the
requirements of § 64.632 of this part; or
(2) An independent third party meeting the qualifications in this
subsection has obtained, in accordance with the procedures set forth in
paragraphs (c)(2)(i) through (iv) of this section, the iTRS user's
authorization to implement the default provider change order that
confirms and includes appropriate verification of registration data
with the TRS User Registration Database as defined in § 64.601(a) of
this part. The independent third party must not be owned, managed,
controlled, or directed by the iTRS provider or the iTRS provider's
marketing agent; must not have any financial incentive to confirm
default provider change orders for the iTRS provider or the iTRS
provider's marketing agent; and must operate in a location physically
separate from the iTRS provider or the iTRS provider's marketing agent.
(i) Methods of third party verification. Third party verification
systems and three-way conference calls may be used for verification
purposes so long as the requirements of paragraphs (c)(3)(ii) through
(iv) of this section are satisfied. It shall be a per se violation of
these rules if at any time the iTRS provider, an iTRS provider's
marketing representative, or any other person misleads the iTRS user
with respect to the authorization that the iTRS user is giving, the
purpose of that authorization, the purpose of the verification, the
verification process, or the identity of the person who is placing the
call as well as on whose behalf the call is being placed, if
applicable.
(ii) Provider initiation of third party verification. An iTRS provider
or an iTRS provider's marketing representative initiating a three-way
conference call must drop off the call once the three-way connection
has been established.
(iii) Requirements for content and format of third party verification.
Any description of the default provider change transaction by a third
party verifier must not be misleading. At the start of the third party
verification process, the third party verifier shall identify the new
default provider to the iTRS user and shall confirm that the iTRS user
understands that the iTRS user is changing default providers and will
no longer receive service from the iTRS user's current iTRS provider.
In addition, all third party verification methods shall elicit, at a
minimum: The date of the verification; the identity of the iTRS user;
confirmation that the person on the call is the iTRS user; confirmation
that the iTRS user wants to make the default provider change;
confirmation that the iTRS user understands that a default provider
change, not an upgrade to existing service, or any other misleading
description of the transaction, is being authorized; confirmation that
the iTRS user understands what the change in default provider means,
including that the iTRS user may need to return any video equipment
belonging to the original default provider; the name of the new default
provider affected by the change; the telephone number of record to be
transferred to the new default provider; and the type of TRS used with
the telephone number being transferred. If the iTRS user has additional
questions for the iTRS provider's marketing representative during the
verification process, the verifier shall instruct the iTRS user that
they are terminating the verification process, that the iTRS user may
contact the marketing representative with additional questions, and
that the iTRS user's default provider will not be changed. The
marketing representative may again initiate the verification process
following the procedures set out in this section after the iTRS user
contacts the marketing representative with any additional questions.
Third party verifiers may not market the iTRS provider's services by
providing additional information.
(iv) Other requirements for third party verification. All third party
verifications shall be conducted in the same language and format that
were used in the underlying marketing transaction and shall be recorded
in their entirety. In the case of VRS, this means that if the marketing
process was conducted in American Sign Language (ASL), then the third
party verification shall be conducted in ASL. In the event that the
underlying marketing transaction was conducted via text over IP Relay,
such text format shall be used for the third party verification. The
third party verifier shall inform both the iTRS user and, where
applicable, the communications assistant relaying the call, that the
call is being recorded. The third party verifier shall provide the new
default provider an audio, video, or IP Relay transcript of the
verification of the iTRS user authorization. New default providers
shall maintain and preserve audio and video records of verification of
iTRS user authorization in accordance with the procedures set forth in
paragraph (a)(2) of this section.
(d) A new default provider shall implement an iTRS user's default
provider change order within 60 days of obtaining either:
(1) A written or electronically signed letter of agency in accordance
with § 64.632 of this part or
(2) Third party verification of the iTRS user's default provider change
order in accordance with paragraph (c)(2) of this section. If not
implemented within 60 days as required herein, such default provider
change order shall be deemed void.
(e) At any time during the process of changing an iTRS user's default
provider, and until such process is completed, which is when the new
default provider assumes the role of default provider, the original
default provider shall not:
(1) Reduce the level or quality of iTRS service provided to such iTRS
user, or
(2) Reduce the functionality of any VRS access technology provided by
the iTRS provider to such iTRS user.
(f) An iTRS provider that is certified pursuant to § 64.606(a)(2) of
this part may acquire, through a sale or transfer, either part or all
of another iTRS provider's iTRS user base without obtaining each iTRS
user's authorization and verification in accordance with paragraph (c)
of this section, provided that the acquiring iTRS provider complies
with the following streamlined procedures. An iTRS provider shall not
use these streamlined procedures for any fraudulent purpose, including
any attempt to avoid liability for violations under part 64 of the
Commission rules.
(1) Not later than 30 days before the transfer of the affected iTRS
users from the selling or transferring iTRS provider to the acquiring
iTRS provider, the acquiring iTRS provider shall provide notice to each
affected iTRS user of the information specified herein. The acquiring
iTRS provider is required to fulfill the obligations set forth in the
advance iTRS user notice. In the case of VRS, the notice shall be
provided as a pre-recorded video message in American Sign Language sent
to all affected iTRS users. In the case of IP Relay, the notice shall
be provided as a pre-recorded text message sent to all affected iTRS
users. The advance iTRS user notice shall be provided in a manner
consistent with 47 U.S.C. 255, 617, 619 and the Commission's rules
regarding accessibility to blind and visually-impaired consumers,
§ § 6.3, 6.5, 14.20, and 14.21 of this chapter. The following
information must be included in the advance iTRS user notice:
(i) The date on which the acquiring iTRS provider will become the iTRS
user's new default provider;
(ii) The iTRS user's right to select a different default provider for
the iTRS at issue, if an alternative iTRS provider is available;
(iii) Whether the acquiring iTRS provider will be responsible for
handling any complaints filed, or otherwise raised, prior to or during
the transfer against the selling or transferring iTRS provider, and
(iv) The toll-free customer service telephone number of the acquiring
iTRS provider.
(2) All iTRS users receiving the notice will be transferred to the
acquiring iTRS provider, unless they have selected a different default
provider before the transfer date.
[ 78 FR 40609 , July 5, 2013]
Effective Date Note: At 78 FR 40609 , July 5, 2013, § 64.631 was added.
Paragraphs (a) through (d) and (f) contain information collection and
recordkeeping requirements and will not become effective until approval
has been given by the Office of Management and Budget.
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