I
105TH CONGRESS
1ST SESSION
H. R. 2120
To amend the Communications Act of 1934 to strengthen and expand the
procedures for preventing the slamming of interstate telephone service
subscribers, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 9, 1997
Mr. DEFAZIO (for himself, Ms. DEGETTE, Mr. FRANKS of New Jersey, Mr.
FRANK of Massachusetts, Mr. SHAYS, Mr. BLUMENAUER, and Mr. SMITH
of Oregon) introduced the following bill; which was referred to the Com-
mittee on Commerce
A BILL
To amend the Communications Act of 1934 to strengthen
and expand the procedures for preventing the slamming
of interstate telephone service subscribers, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Telephone Consumer
Slamming Prevention Act of 1997’’.
SEC. 2. LONG DISTANCE SLAMMING PROHIBITION.
Section 258 of the Communications Act of 1934 (47
U.S.C. 258) is amended—
(1) in the first sentence of subsection (a), by in-
serting ‘‘the requirements of this section and’’ after
‘‘in accordance with’’; and
(2) by adding at the end the following new sub-
sections:
‘‘(c) VERIFICATION PROCEDURES REQUIRED WITH
RESPECT TO SUBSCRIBER SELECTIONS OF INTERSTATE
CARRIER.—
‘‘(1) WRITTEN
CARRIER
SELECTIONS
RE-
QUIRED.—No telecommunications carrier shall sub-
mit or execute a change in a subscriber’s selection
of a provider of interstate telephone service unless
the carrier to which the subscriber will be changed
(or such carrier’s agent) has obtained from the sub-
scriber a written change authorization that—
‘‘(A) clearly and simply describes the na-
ture of the subscription change;
‘‘(B) is signed and dated by the subscriber;
‘‘(C) is solicited in accordance with the re-
quirements of paragraph (2); and
‘‘(D) is in a form (including typeface and
language used) that is prescribed or approved
by the Commission.
‘‘(2) SOLICITATION
PROCEDURES.—A written
change authorization shall—
‘‘(A) not (i) be a part of, or attached to,
any other document, (ii) be included together
with any billing for telephone service, (iii) con-
tain any promotional offer or inducement; or
(iv) represent that endorsement entitles the
subscriber to any benefit other than the change
in carrier selection; and
‘‘(B) be provided to the subscriber in du-
plicate, and permit the subscriber to retain the
duplicate.
‘‘(d) LIABILITY TO SUBSCRIBERS FOR UNAUTHOR-
IZED CHANGES OF INTERSTATE TELEPHONE SERVICE.—
Any telecommunications carrier that violates the require-
ments of subsection (c) shall be liable to the subscriber
in an amount equal to the sum of the following charges:
‘‘(1) SWITCHING FEES.—Any fees imposed for
changing the subscriber’s service to or from the un-
authorized carrier.
‘‘(2) LONG DISTANCE CHARGES.—Any charges
for interstate telephone service used by the sub-
scriber during the period that begins upon the occur-
rence of the unauthorized change in service that con-
stituted the violation and ends upon the earlier of
(A) the date that the service of the subscriber is
changed from the unauthorized carrier pursuant to
a valid change authorization under subsection (c), or
(B) the expiration of the 6-month period beginning
on the date of the unauthorized change in service.
‘‘(e) ADMINISTRATION
OF SLAMMING COMPLAINT
SYSTEM.—
‘‘(1) STATE OPTION TO ADMINISTER.—
‘‘(A) IN GENERAL.—If a State has made a
certification under subparagraph (B) to the
Commission (and has not thereafter terminated
the effectiveness of such certification), the State
commission for such State shall administer a
slamming complaint system for subscribers of
interstate telephone service in such State that
meets the requirements pursuant to subsection
(f).
‘‘(B) CERTIFICATION REQUIREMENTS.—A
certification under this subparagraph for a
State is a certification by the State commission
for the State , submitted to the Commission in
the form and manner prescribed by the Com-
mission, that the State commission has estab-
lished and will maintain a slamming complaint
system for the State that meets the require-
ments pursuant to subsection (f). A certifi-
cation shall be effective for purposes of this
subsection upon submission to the Commission,
notwithstanding any review or approval by the
Commission. The Commission may prescribe
the form and manner for States to terminate
the effectiveness of such certifications.
‘‘(2) ADMINISTRATION
BY
COMMISSION.—The
Commission shall, for each State not described in
paragraph (1)(A), maintain and administer a slam-
ming complaint system for subscribers of interstate
telephone service in such State that meets the re-
quirements pursuant to subsection (f).
‘‘(f) SLAMMING
COMPLAINT
SYSTEM
REQUIRE-
MENTS.—A slamming complaint system for a State meets
the requirements pursuant to this subsection if the sys-
tem—
‘‘(1) makes available a procedure for any sub-
scriber of interstate telephone service in such State
to register a complaint that the subscriber’s selection
of a provider of such service has been changed with-
out the written authorization of the subscriber re-
quired under subsection (c), and maintains a record
of such complaint;
‘‘(2) with respect to each such complaint, pro-
vides for the determination (in such manner as the
Commission shall provide) of whether a violation of
the requirement under subsection (c) occurred and
of liability under subsection (d);
‘‘(3) maintains a record of each determination
of a violation of the requirement under subsection
(c) involving a subscriber of interstate telephone
service in the State, including the telecommuni-
cations carrier to which interstate telephone service
was illegally changed;
‘‘(4) on a monthly basis—
‘‘(A) determines, for each telecommuni-
cations carrier providing interstate telephone
service within the State, the number of such
violations determined to have occurred involving
the illegal change of service to such carrier; and
‘‘(B) in the case only of a system adminis-
tered by a State commission pursuant to sub-
section (e)(1), provides the information under
subparagraph (A) to the Commission; and
‘‘(5) complies with any regulations as the Com-
mission may prescribe to carry out this subsection.
‘‘(g) NOTICE TO SUBSCRIBERS OF AVAILABILITY OF
SLAMMING COMPLAINT SYSTEM.—The Commission shall
considered to have willfully failed to comply with this
Act and shall be liable to the United States for a
forfeiture penalty under section 503(b)(1)(B).
‘‘(2) 
CONSIDERATIONS
IN
DETERMINING
AMOUNT OF PENALTY.—In taking into account the
extent and gravity of a violation under paragraph
(1) for purposes of determining the amount of the
forfeiture penalty pursuant to section 503(b)(2)(D),
the Commission shall consider—
‘‘(A) the number of violations of the re-
quirements of subsection (c) determined to have
occurred in excess of the number of violations
necessary to exceed the applicable performance
limit; and
‘‘(B) the ratio of the number of violations
determined to have occurred to the number of
violations necessary to exceed the applicable
performance limit.
‘‘(j) EFFECT ON OTHER LAW.—
‘‘(1) CONSUMER PROTECTION LAWS.—Nothing
in this section shall relieve any telecommunications
carrier, local exchange carrier, or any other person
from the obligation to comply with any Federal,
State, or local statute or regulation relating to
consumer protection or unfair trade.
‘‘(2) STATE AUTHORITY.—Nothing in this sec-
tion shall preclude any State from enacting and en-
forcing additional and complementary oversight and
regulatory systems or procedures, or both, so long as
such systems and procedures do not significantly im-
pede the enforcement of this section or other Fed-
eral statutes.’’.
SEC. 3. LIMITATION OF EXISTING SLAMMING LIABILITY
PROVISION TO INTRASTATE SERVICE.
Section 258(b) of the Communications Act of 1934
(47 U.S.C. 258(b)) is amended by striking ‘‘described in
subsection (a)’’ and inserting ‘‘prescribed pursuant to sub-
section (a) for changing a subscriber’s selection of a pro-
vider of intrastate telephone service’’ after ‘‘subsection
(a)’’.
SEC. 4. EFFECTIVE DATE AND REGULATIONS.
(a) EFFECTIVE DATE.—The amendments made by
this Act shall take effect upon the expiration of the 12-
month period beginning on the date of the enactment of
this Act.
(b) REGULATIONS.—The Commission shall prescribe
such regulations as may be necessary to carry out the
amendments made by this Act, which shall include pre-
scribing a standard form for written change authorizations
that meets the requirements of section 258(c) of the Com-
munications Act of 1934 (as added by section 2 of this
Act) for use for such purpose. Such final regulations shall
be issued and shall take effect not later than the effective
date under subsection (a).
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