[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Notices]
[Pages 60665-60668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26194]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

October 3, 2000.
    The Federal Communications Commission (FCC) has received Office of 
Management and Budget (OMB) approval for the following public 
information collections pursuant to the Paperwork Reduction Act of 
1995, Public Law 104-13. An agency may not conduct or sponsor and a 
person is not required to respond to a collection of information unless 
it displays a currently valid control number. For further information 
contact Shoko B. Hair, Federal Communications Commission, (202) 418-
1379.

Federal Communications Commission

    OMB Control No.: 3060-0723.
    Expiration Date: 09/30/2003.
    Title: Public Disclosure of Network Information by Bell Operating 
Companies.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 7 respondents; 50 hours per response 
(avg.); 350 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; third party disclosure.
    Description: Public Disclosure of Network Information by Bell 
Operating Companies (BOCs). Pursuant to Section 276(b)(1)(C) which 
directs the Commission to ``prescribe a set of nonstructural safeguards 
for Bell operating company payphone service to implement the provisions 
of paragraphs (1) and (2) of subsection (a), which safeguards shall, at 
a minimum, include the nonstructural safeguards equal to those adopted 
in the Computer Inquiry--III (CC Docket No. 90-623) proceeding'', 47 
U.S.C. Section 276 (B)(a)(C), the BOCs are required to

[[Page 60666]]

publicly disclose changes in their networks or new network services at 
two different points in time. First, disclosure would occur at the 
make/buy point: when a BOC decides to make for itself, or procure from 
an unaffiliated entity, any product whose design affects or relies on 
the network interface. Second, a BOC would publicly disclose technical 
information about a new service 12 months before it is introduced. If 
the BOC could introduce the service within 12 months of the make/buy 
point, it would make a public disclosure at the make/buy point. In no 
event, however, would the public disclosure occur less than six months 
before the introduction of the service. Without provision of these 
reports, the industry would be unable to ascertain whether the BOCs 
designing new network services or changing network technical 
specifications are to the advantage of their own payphones, or might 
disadvantage BOC payphone competitors. The information required by the 
Public Disclosure of Network Information by BOCs must be provided to 
third parties. All of the requirements would be used to ensure that 
BOCs comply with their obligations under the Telecommunications Act of 
1996. Obligation to respond: Mandatory.
    OMB Control No.: 3060-0787.
    Expiration Date: 04/30/2001.
    Title: Implementation of the Subscriber Carrier Selection Changes 
Provisions of the Telecommunications Act of 1996; Policies and Rules 
Concerning Unauthorized Changes of Consumers Long Distance.
    Form No.: N/A.
    Respondents: Business or other for-profit.
    Estimated Annual Burden: 28,676 respondents; 3.83 hours per 
response (avg.); 109,876 total annual burden hours.
    Estimated Annual Reporting and Recordkeeping Cost Burden: $0.
    Frequency of Response: On occasion; Third Party Disclosure; 
Recordkeeping.
    Description: Section 258 of the Communications Act of 1934 (Act), 
as amended by the Telecommunications Act of 1996, makes it unlawful for 
any telecommunications carrier to ``submit or execute a change in a 
subscriber's selection of a provider of telecommunications exchange 
service or telephone toll service except in accordance with such 
verification procedures as the Commission shall prescribe.'' The 
Section further provides that any telecommunications carrier that 
violates such verification procedures and that collects charges for 
telephone exchange service or telephone toll service from a subscriber, 
shall be liable to the carrier previously selected by the subscriber in 
an amount equal to all charges paid by the subscriber after such 
violation. In the Second Report and Order and Further Notice of 
Proposed Rulemaking (Section 258 Order) issued in CC Docket No. 94-129, 
the Commission adopted rules to implement Section 258 of the 
Communications Act of 1934 (Act), as amended by the Telecommunications 
Act of 1996 (1996 Act). The goal of Section 258 is to eliminate the 
practice of ``slamming,'' which is the unauthorized change of a 
subscriber's preferred carrier. In the Section 258 Order, the 
Commission adopted various rules addressing verification of preferred 
carrier changes and preferred carrier freezes. The Commission also 
adopted liability rules designed to take the profit out of slamming. In 
the First Order on Reconsideration (Order), released May 3, 2000, the 
Commission amends certain of its liability rules by requiring slamming 
disputes between consumers and carriers to be brought before 
appropriate state commissions, or this Commission in cases where the 
state has not opted to administer our rules, rather than to authorized 
carriers. The Order also modifies the liability rules that apply when a 
consumer has paid charges to a slamming carrier. Finally, the Order 
sets forth certain notification requirements to facilitate carriers' 
compliance with the liability rules. a. Section 64.1110, State 
Notification of Election to Administer FCC Rules. Pursuant to Section 
64.1110(a), state notification of an intention to administer the 
Federal Communication Commission's unauthorized carrier change rules 
and remedies shall be filed with the Commission Secretary in CC Docket 
No. 94-129 with a copy of such notification provided to the Consumer 
Information Bureau Chief. Such notification shall contain, at a 
minimum, information on where consumers should file complaints, the 
type of documentation, if any, that must accompany a complaint, and the 
procedures the state will use to adjudicate complaints. Pursuant to 
Section 64.1110(b), state notification of an intention to discontinue 
administering the Federal Communication Commission's unauthorized 
carrier change rules and remedies shall be filed with the Commission 
Secretary in CC Docket No. 94-129 with a copy of such amended 
notification provided to the Consumer Information Bureau Chief. Such 
discontinuance shall become effective 60 days after the Commission's 
receipt of the state's letter. (No. of respondents: 51; hours per 
response: 2 hours; total annual burden: 102 hours). b. Section 64.1120, 
Verification of Orders for Telecommunications Carriers. A carrier must 
retain verification records for two years after their creation. 
Pursuant to Section 64.1120 no telecommunications carrier shall submit 
a preferred carrier charge order unless and until the order has first 
been confirmed. Telecommunications carriers may obtain the subscriber's 
written authorization as required by section 64.1130 or an electronic 
authorization, or an oral authorization through a qualified independent 
third party. (Number of respondents: 1800; hours per response: 1.5 
hours; total annual burden: 2700 hours). c. Section 64.1130, Letter of 
Agency Form and Content. Section 64.1130 contains the requirements for 
issuing a letter of agency to obtain written authorization and/or 
verification of a subscribers' request to change his/her preferred 
carrier selection. A carrier marketing multiple services must 
specifically distinguish among such services in any letter of agency, 
and must obtain separate authorization for each service that is being 
changed. (No. of respondents; 1800; hours per response: 1.5 hours; 
total annual burden: 2700 hours). d. Section 64.1140, Carrier Liability 
for Slamming. Pursuant to Section 64.1140(a), any submitting 
telecommunications carrier that fails to comply with the procedures 
prescribed in this part shall be liable to the subscriber's properly 
authorized carrier in an amount equal to 150% of all charges paid to 
the submitting telecommunications carrier by such subscriber after such 
violation, as well as for additional amounts as prescribed in 
Sec. 64.1170 of Part 64. Pursuant to Section 64.1140(b), any subscriber 
whose selection of telecommunications service provider is changed 
without authorization or verification in accordance with the procedures 
set for 47 CFR 64.1140 will be liable for charges. (No. of respondents: 
1910; hours per response: 2 hours; total annual burden: 3820 hours). e. 
Section 64.1150, Procedures For Resolution of Unauthorized Changes in 
Preferred Carrier--Pursuant to Section 64.1150(a), 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. Pursuant to Section 64.1150(b), any carrier, executing, 
authorized, or allegedly unauthorized, that is informed by a

[[Page 60667]]

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 Information Bureau, for 
resolution of the complaint. Pursuant to Section 64.1150(c), 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 removes all unpaid charges 
from the subscriber's bill pending a determination of whether an 
unauthorized change, as defined by Sec. 64.1100(e) of this part, has 
occurred, if it has not already done so. Pursuant to Section 
64.1150(d), 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. Failure by the carrier to 
respond or provide proof of verification will be presumed to be clear 
and convincing evidence of a violation. Pursuant to Section 64.1150(e), 
the Federal Communications Commission will not adjudicate a complaint 
filed pursuant to Sec. 1.719 or Secs. 1.720-736, involving an alleged 
unauthorized change, as defined by Sec. 64.1100(e) of this part, while 
a complaint based on the same set of facts is pending with a state 
commission. (No. of respondents: 1960; hours per response: 8 hours; 
total annual hours: 9800 hours). f. Section 64.1160, Absolution 
Procedures Where the Subscriber Has Not Paid--Pursuant to Section 
64.1160(a), this section shall only apply after a subscriber has 
determined that an unauthorized change, as defined by Sec. 64.1100(e) 
of this part, 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. Pursuant to 
Section 64.1160(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 Sec. 64.1100(e) 
of this part, from a subscriber's bill upon notification that such 
unauthorized change is alleged to have occurred. Pursuant to Section 
64.1160(c), an allegedly unauthorized carrier may challenge a 
subscriber's allegation that an unauthorized change, as defined by 
Sec. 64.1100(e) of this part, occurred. An allegedly unauthorized 
carrier choosing to challenge such allegation shall immediately notify 
the complaining subscriber that: (1) The complaining subscriber must 
file a complaint with a state commission that has opted to administer 
the FCC's rules, pursuant to Sec. 64.1110 of this part, or the FCC 
within 30 days of either (i) the date of removal of charges from the 
complaining subscriber's bill in accordance with paragraph (b) of this 
section or (ii) the date the allegedly unauthorized carrier notifies 
the complaining subscriber of the requirements of this paragraph, 
whichever is later; and (2) a failure to file such a complaint within 
this 30-day time period will result in the charges removed being 
reinstated on the subscriber's bill and, consequently, the complaining 
subscribers will only be entitled to remedies for the alleged 
unauthorized change other than those provided for in Sec. 64.1140(b)(1) 
of this part. 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. Pursuant to Section 
64.1160(d), if the relevant governmental agency determines after 
reasonable investigation that an unauthorized change, as defined by 
Sec. 64.1100(e) of this part, 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. Pursuant to Section 64.1160(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. Pursuant to Section 64.1160(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 
Sec. 64.1160 of this part shall apply to those payments. Pursuant to 
Section 64.1160(g), 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. (No. of 
respondents: 1960; hours per response: 8 hours; total annual burden: 
15,680). g. Section 64.1170, Reimbursement Procedures Where the 
Subscriber Has Paid--Pursuant to Section 64.1170(a), the procedures set 
forth in Section 64.1170 shall apply only after a subscriber has 
determined that an unauthorized change, as defined by Section 
64.1100(e) of our rules, has occurred and the subscriber has paid 
charges to an allegedly unauthorized carrier. Pursuant to Section 
64.1170(b), if the relevant governmental agency determines after 
reasonable investigation that an unauthorized change, as defined by 
Sec. 64.1100(e) of this part, has occurred, it shall issue an order 
directing the unauthorized carrier to forward to the authorized carrier 
the following, in addition to any appropriate state remedies, an amount 
equal to 150% of all charges paid by the subscriber to the unauthorized 
carrier; and copies of any telephone bills issued from the unauthorized 
carrier to the subscriber. Pursuant to Section 64.1170(c), within ten 
days of receipt of the amount provided for in paragraph (b)(1) of this 
section, the authorized carrier shall provide a refund or credit to the 
subscriber in the amount of 50% of all charges paid by the subscriber 
to the unauthorized carrier. The subscriber has the option of asking 
the authorized carrier to re-rate the unauthorized carrier's charges 
based on the rates of the authorized carrier and, on behalf of the 
subscriber, seek an additional refund from the unauthorized carrier, to 
the extent that the re-rated amount exceeds the 50% of all charges paid 
by the subscriber to the unauthorized carrier. The authorized carrier 
shall also send notice to the relevant governmental agency that it has 
given a refund or credit to the subscriber. Pursuant to Section 
64.1170(d), if an authorized carrier incurs billing and collection 
expenses in collecting charges from the unauthorized carrier, the 
unauthorized carrier shall reimburse the authorized carrier for 
reasonable expenses. Pursuant to Section 64.1170(e), if the authorized 
carrier has not received payment from the unauthorized carrier as 
required by paragraph (c) of this section, the authorized carrier is 
not required to provide any refund or credit to the subscriber. The 
authorized carrier must, within 45 days of receiving an order as 
described in paragraph (b) of this section, inform the subscriber and 
the relevant governmental agency that issued the order if the 
unauthorized carrier has failed to forward to it the appropriate 
charges, and also inform the subscriber of his or her right to pursue a 
claim against the unauthorized carrier

[[Page 60668]]

for a refund of all charges paid to the unauthorized carrier. Pursuant 
to Section 64.1170(f), where possible, the properly authorized carrier 
must reinstate the subscriber in any premium program in which that 
subscriber was enrolled prior to the unauthorized change, if the 
subscriber's participation in that program was terminated because of 
the unauthorized change. If the subscriber has paid charges to the 
unauthorized carrier, the properly authorized carrier shall also 
provide or restore to the subscriber any premiums to which the 
subscriber would have been entitled had the unauthorized change not 
occurred. The authorized carrier must comply with the requirements of 
this section regardless of whether it is able to recover from the 
unauthorized carrier any charges that were paid by the subscriber. (No. 
of respondents: 1960; hours per response: 7 hours; total annual burden: 
13,720 hours). h. Section 64.1190, Preferred Carrier Freezes. Section 
64.1190 requires that all local exchange carriers that impose preferred 
carrier freezes on their subscribers' accounts must verify such 
freezes, as well as accept subscriber requests to lift such freezes in 
writing or by three-way calls. (No. of respondents: 1800; hours per 
response: 2 hours; total annual burden: 3600 hours). i. Section 1.719, 
Informal Complaints Filed Pursuant to Section 258--Section 1.719 
applies to complaints alleging that a carrier has violated Section 258 
of the Communications Act of 1934, as amended by the Telecommunications 
Act of 1996, by making an unauthorized change of a subscriber's 
preferred carrier, as defined by Sec. 64.1100(e). Pursuant to Section 
1.719(b), the complaint shall be in writing, and should contain: (1) 
The complainant's name, address, telephone number and e-mail address 
(if the complainant has one); (2) the name of both the allegedly 
unauthorized carrier, as defined by Sec. 64.1100(d), and authorized 
carrier, as defined by Sec. 64.1100(c); (3) a complete statement of the 
facts (including any documentation) tending to show that such carrier 
engaged in an unauthorized change of the subscriber's preferred 
carrier; (4) a statement of whether the complainant has paid any 
disputed charges to the allegedly unauthorized carrier; and (5) the 
specific relief sought. If the complainant is unsatisfied with the 
resolution of a complaint under this section, the complainant may file 
a formal complaint with the Commission in the form specified in 
Sec. 1.721 of this part. (No. of respondents: 13,200; hours per 
response: 4 hours; total annual burden: 52,800 hours). j. Voluntary 
Reporting Requirement. States that choose to administer the 
Commission's slamming rules must regularly file information with the 
Commission that details slamming activity in their regions. Such 
filings should identify the number of slamming complaints handled, 
including data on the number of valid complaints per carrier; the 
identity of top slamming carriers; slamming trends; and other relevant 
information. See paragraph 34 of the Order. (Number of respondents: 51; 
hours per response: 10 hours; total annual burden: 510 hours). The 
information from these collections will be used to implement Section 
258 of the Act. The information will strengthen the ability of our 
rules to deter slamming, while addressing concerns raised with respect 
to our previous administrative procedures. The information will also 
enable us to give victims of slamming adequate redress and ensure that 
carriers that slam do not profit from their fraud. Finally, the 
information will help to protect consumers from carriers who may 
attempt to take advantage of consumer confusion over different types of 
telecommunications services. Obligation to respond: Required to obtain 
or retain benefits.
    Public reporting burden for the collection of information is as 
noted above. Send comments regarding the burden estimate or any other 
aspect of the collections of information, including suggestions for 
reducing the burden to Performance Evaluation and Records Management, 
Washington, DC 20554.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-26194 Filed 10-11-00; 8:45 am]
BILLING CODE 6712-01-P