§ 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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