§ 64.1100   Definitions.

   (a) The term submitting carrier is generally any telecommunications carrier
   that  requests  on  the  behalf  of a subscriber that the subscriber's
   telecommunications carrier be changed, and seeks to provide retail services
   to  the  end user subscriber. A carrier may be treated as a submitting
   carrier, however, if it is responsible for any unreasonable delays in the
   submission of carrier change requests or for the submission of unauthorized
   carrier change requests, including fraudulent authorizations.

   (b) The term executing carrier is generally any telecommunications carrier
   that effects a request that a subscriber's telecommunications carrier be
   changed. A carrier may be treated as an executing carrier, however, if it is
   responsible for any unreasonable delays in the execution of carrier changes
   or for the execution of unauthorized carrier changes, including fraudulent
   authorizations.

   (c) The term authorized carrier is generally any telecommunications carrier
   that  submits a change, on behalf of a subscriber, in the subscriber's
   selection of a provider of telecommunications service with the subscriber's
   authorization verified in accordance with the procedures specified in this
   part.

   (d)  The term unauthorized carrier is generally any telecommunications
   carrier  that  submits  a  change,  on  behalf of a subscriber, in the
   subscriber's selection of a provider of telecommunications service but fails
   to obtain the subscriber's authorization verified in accordance with the
   procedures specified in this part.

   (e) The term unauthorized change is a change in a subscriber's selection of
   a provider of telecommunications service that was made without authorization
   verified in accordance with the verification procedures specified in this
   part.

   (f)  The term state commission shall include any state entity with the
   state-designated  authority  to resolve the complaints of such state's
   residents arising out of an allegation that an unauthorized change of a
   telecommunication  service  provider has occurred that has elected, in
   accordance with the requirements of § 64.1110(a), to administer the Federal
   Communications Commission's slamming rules and remedies, as enumerated in
   § § 64.1100 through 64.1190.

   (g) The term relevant governmental agency shall be the state commission if
   the  complainant files a complaint with the state commission or if the
   complaint is forwarded to the state commission by the Federal Communications
   Commission, and the Federal Communications Commission if the complainant
   files  a complaint with the Federal Communications Commission, and the
   complaint is not forwarded to a state commission.

   (h) The term subscriber is any one of the following:

   (1) The party identified in the account records of a common carrier as
   responsible for payment of the telephone bill;

   (2) Any adult person authorized by such party to change telecommunications
   services or to charge services to the account; or

   (3) Any person contractually or otherwise lawfully authorized to represent
   such party.

   [ 65 FR 47690 , Aug. 3, 2000, as amended at  66 FR 12892 , Mar. 1, 2001]

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