§ 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]

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