Section R14-2-1905. Verification of Orders for Telecommunications Service

A.      A Telecommunications Company shall not submit a change order unless it confirms the order by one of the following methods:

1.        The Telecommunications Company obtains the Sub- scriber’s written authorization, including internet enabled authorization with electronic signature, in a form that meets the requirements of this Section.

2.        The Telecommunications Company obtains the Sub- scriber’s electronic or voice-recorded authorization for the change that meets the requirements of this Section.

3.       

2409, effective July 23, 2004 (Supp. 04-2). R14-2-1902.   Purpose and Scope	B.	Written  authorization  obtained  by  a  Telecommunications
		Company shall:
These rules shall be interpreted to ensure that all Customers in this		1.     Be a separate document containing only the authorizing
state are protected from an Unauthorized Change in their intra-		language in accordance with verification procedures of
LATA, or interLATA long-distance Telecommunications Company.		this Section,
The rules shall be interpreted to promote satisfactory service to the		2.     Have the sole purpose of authorizing a Telecommunica-
public by local and intraLATA or interLATA long-distance Tele-		tions Company change, and
communications Companies and to establish the rights and respon-		3.     Be signed and dated by the Subscriber requesting the
sibilities  of  both   company  and  Customer.   The  rules  shall   be		Telecommunications Company change.
interpreted to establish liability standards and penalties to ensure	C.	A Letter of Agency may be combined with a marketing check
compliance.		subject to the following requirements. The Letter of Agency
Historical Note		when combined with a marketing check shall not contain pro-
New Section made by final rulemaking at 10 A.A.R.		motional language or material. The Letter of Agency when
2409, effective July 23, 2004 (Supp. 04-2).		combined with a marketing check shall have on its face and
		near the endorsement line a notice in bold-face type that the
R14-2-1903.   Application		Subscriber authorizes a Telecommunications Company change
These rules apply to each Telecommunications Company. These		by signing the check. The notice shall be in easily readable,
rules do not apply to providers of wireless, cellular, personal com-		bold-face type and shall be written in both English and Span-
munications services, or commercial mobile radio services.		ish, as well as in any other language which was used at any
Historical Note		point in the sales transaction. If a Telecommunications Com-
New Section made by final rulemaking at 10 A.A.R.		pany cannot comply with the requirements of this Section, it
2409, effective July 23, 2004 (Supp. 04-2).		may not combine a Letter of Agency with a marketing check.
	D.	An electronically signed Letter of Agency is valid written
R14-2-1904.   Authorized      Telecommunications            Company		authorization.
Change Procedures	E.	A Telecommunications Company that obtains a Subscriber’s
A.   A Telecommunications Company shall not submit a change on		electronic voice recorded authorization shall confirm the Cus-
behalf of a Subscriber prior to obtaining authorization from the		tomer identification and service change information. If a Tele-
Subscriber and obtaining verification of that authorization in		communications Company elects to verify sales by electronic
accordance with R14-2-1905.		voice recorded authorization, it shall establish one or more
B.    A Telecommunications Company submitting a change shall		toll-free telephone numbers exclusively for that purpose. A
maintain and preserve records of verification of individual		call to the toll-free number shall connect the Subscriber to a
Subscriber authorization for 24 months.		recording mechanism that shall record the following informa-
C.   An Executing Telecommunications Carrier shall not contact		tion regarding the Telecommunications Company change:
the Subscriber to verify the Subscriber’s selection received		1.     The identity of the Subscriber,
from a Telecommunications Company submitting a change.		2.     Confirmation that the person on the call is authorized to
D.   An Executing Telecommunications Carrier shall execute such		make the Telecommunications Company change,
changes as promptly as reasonable business practices will per-		3.     Confirmation that the person on the call wants to make
mit, which shall not exceed 10 business days from the receipt		the Telecommunications Company change,
of a change notice from a submitting Telecommunications		4.     The name of the newly authorized Telecommunications
Company. The Executing Telecommunications Carrier shall		Company,
have no liability for processing an Unauthorized Change.		5.     The telephone numbers to be switched, and

  

 

An independent third party, qualified under the criteria set forth in subsection (F), obtains and records the Sub- scriber’s verbal authorization for the change that con- firms and includes appropriate verification data pursuant to the requirements of this Section.

Corporation Commission – Fixed Utilities

6.     The types of service involved.

F.                 A Telecommunications Company that verifies a Subscriber’s authorization by an independent third party shall comply with the following:

1.        The independent third party shall not be owned, man- aged, or controlled by the Telecommunications Company or the company’s marketing agent.

2.        The independent third party shall not have any financial incentive to verify that Telecommunications Company change orders are authorized.

3.        The independent third party shall operate in a location physically separate from the Telecommunications Com- pany or the company’s marketing agent.

4.        The independent third party shall inform the Subscriber that the call is being recorded and shall record the Sub- scriber’s authorization to change the Telecommunications Company.

5.        All third party verification methods shall elicit and record, at a minimum:

a.         The identity of the Subscriber,

b.        Confirmation that the person on the call is autho- rized to make the  Telecommunications Company change,

c.         Confirmation that the person on the call wants to make the Telecommunications Company change,

d.        The name of the newly authorized Telecommunica- tions Company,

e.         The telephone numbers to be switched, and

f.         The types of service involved.

6.        The independent third party shall conduct the verification in the same language as was used in the initial sales trans- action.

Historical Note

New Section made by final rulemaking at 10 A.A.R.

2409, effective July 23, 2004 (Supp. 04-2).