§ 64.1160   Absolution procedures where the subscriber has not paid charges.

   (a) This section shall only apply after a subscriber has determined that an
   unauthorized  change,  as defined by § 64.1100(e), has occurred and the
   subscriber has not paid charges to the allegedly unauthorized carrier for
   service provided for 30 days, or a portion thereof, after the unauthorized
   change occurred.

   (b) An allegedly unauthorized carrier shall remove all charges incurred for
   service provided during the first 30 days after the alleged unauthorized
   change occurred, as defined by § 64.1100(e), from a subscriber's bill upon
   notification that such unauthorized change is alleged to have occurred.

   (c)  An  allegedly  unauthorized  carrier may challenge a subscriber's
   allegation that an unauthorized change, as defined by § 64.1100(e), occurred.
   An allegedly unauthorized carrier choosing to challenge such allegation
   shall immediately notify the complaining subscriber that: The complaining
   subscriber must file a complaint with a State commission that has opted to
   administer the FCC's rules, pursuant to § 64.1110, or the FCC within 30 days
   of either the date of removal of charges from the complaining subscriber's
   bill in accordance with paragraph (b) of this section, or the date the
   allegedly unauthorized carrier notifies the complaining subscriber of the
   requirements of this paragraph, whichever is later; and a failure to file
   such a complaint within this 30-day time period will result in the charges
   removed pursuant to paragraph (b) of this section being reinstated on the
   subscriber's bill and, consequently, the complaining subscriber will only be
   entitled to remedies for the alleged unauthorized change other than those
   provided for in § 64.1140(b)(1). No allegedly unauthorized carrier shall
   reinstate charges to a subscriber's bill pursuant to the provisions of this
   paragraph  without  first  providing such subscriber with a reasonable
   opportunity to demonstrate that the requisite complaint was timely filed
   within the 30-day period described in this paragraph.

   (d)  If  the  relevant governmental agency determines after reasonable
   investigation that an unauthorized change, as defined by § 64.1100(e), has
   occurred, an order shall be issued providing that the subscriber is entitled
   to absolution from the charges incurred during the first 30 days after the
   unauthorized  carrier  change  occurred, and neither the authorized or
   unauthorized carrier may pursue any collection against the subscriber for
   those charges.

   (e) If the subscriber has incurred charges for more than 30 days after the
   unauthorized carrier change, the unauthorized carrier must forward the
   billing information for such services to the authorized carrier, which may
   bill the subscriber for such services using either of the following means:

   (1)  The  amount of the charge may be determined by a re-rating of the
   services provided based on what the authorized carrier would have charged
   the  subscriber  for  the same services had an unauthorized change, as
   described in § 64.1100(e), not occurred; or

   (2) The amount of the charge may be determined using a 50% Proxy Rate as
   follows: Upon receipt of billing information from the unauthorized carrier,
   the authorized carrier may bill the subscriber for 50% of the rate the
   unauthorized carrier would have charged the subscriber for the services
   provided. However, the subscriber shall have the right to reject use of this
   50% proxy method and require that the authorized carrier perform a re-rating
   of the services provided, as described in paragraph (e)(1) of this section.

   (f) If the unauthorized carrier received payment from the subscriber for
   services provided after the first 30 days after the unauthorized change
   occurred, the obligations for payments and refunds provided for in § 64.1170
   shall  apply  to  those  payments. If the relevant governmental agency
   determines  after reasonable investigation that the carrier change was
   authorized, the carrier may re-bill the subscriber for charges incurred.

   (g) When a LEC has assigned a subscriber to a carrier without authorization,
   and where the subscriber has not paid the unauthorized charges, the LEC
   shall  switch  the subscriber to the desired carrier at no cost to the
   subscriber, and shall also secure the removal of the unauthorized charges
   from the subscriber's bill in accordance with the procedures specified in
   paragraphs (a) through (f) of this section.

   [ 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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