Iowa Administrative Code › Agency 199 - Utilities Division › Utilities and Transportation Divisions › Chapter 22 - Service Supplied by Telephone Utilities › Rule 199-22.9 - Unauthorized Changes in Telecommunications Service

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
As used in
				this rule, unless the context otherwise requires:
"Change in service"
means the designation of
				  a new provider of a telecommunications service to a customer, including the
				  initial selection of a service provider, and includes the addition or deletion
				  of a telecommunications service for which a separate charge is made to a
				  customer account.
"Consumer"
means a person other than a
				  service provider who uses a telecommunications service.
"Cramming"
means the addition or deletion of
				  a product or service for which a separate charge is made to a
				  telecommunications service customer's account without the verified consent of
				  the affected customer. "Cramming" does not include the addition of extended
				  area service to a customer account pursuant to commission rules, even if an
				  additional charge is made. "Cramming" does not include telecommunications
				  services that are initiated or requested by the customer, including dial-around
				  services such as "10-10-XXX," directory assistance, operator-assisted calls,
				  acceptance of collect calls, and other casual calling by the customer.
"Customer"
means the person other than a
				  service provider whose name appears on the account and others authorized by
				  that named person to make changes to the account.
"Executing service provider"
means, with
				  respect to any change in telecommunications service, a telecommunications
				  service provider who executes an order for a change in service received from
				  another telecommunications service provider or from its own customer.
"Jamming"
means the addition of a preferred
				  telecommunications service provider freeze to a customer's account without the
				  verified consent of the customer.
"Letter of agency"
means a written document
				  complying with the requirements of paragraph 22.9(2)
"b."
"Preferred telecommunications service provider
				  freeze"
means the limitation of a customer's preferred
				  telecommunications service provider choices so as to prevent any change in
				  preferred telecommunications service provider for one or more services unless
				  the customer gives the telecommunications service provider from which the
				  freeze was requested the customer's express consent.
"Service provider"
means a
				  telecommunications service provider providing telecommunications service, not
				  including commercial mobile radio service.
"Slamming"
means the designation of a new
				  telecommunications service provider to a customer, including the initial
				  selection of a telecommunications service provider, without the verified
				  consent of the customer. "Slamming" does not include the designation of a new
				  provider of a telecommunications service to a customer made pursuant to the
				  sale or transfer of another telecommunications service provider's customer
				  base, provided that the designation meets the requirements of paragraph
				  22.9(2)
"e."
"Soft slam"
means an unauthorized change in
				  service by a telecommunications service provider that uses the
				  telecommunications service provider identification code of another
				  telecommunications service provider, typically through the purchase of
				  wholesale services for resale.
"Submitting service provider"
means a
				  telecommunications service provider who requests another telecommunications
				  service provider to execute a change in service.
"Telecommunications service"
means a local
				  exchange or long distance telephone service other than commercial mobile radio
				  service.
"Verified consent"
means verification of a
				  customer's authorization for a change in service.
(2)
Prohibition of unauthorized
				changes in telecommunications service.
Unauthorized changes in
				telecommunications service, including but not limited to cramming and slamming,
				are prohibited. Telecommunications service providers shall comply with Federal
				Communications Commission requirements regarding verification of customer
				authentication of a change in service and change in service provider as
				provided for in  47 CFR 64.1120  and  47 CFR 64.2401.
a.
Verification required.
(1) No service provider shall submit a
				preferred telecommunications service provider change order or other change in
				service order to another service provider unless and until the change has first
				been confirmed in accordance with one of the following procedures:
1. The service provider has obtained the
				customer's written authorization in a form that meets the requirements of this
				rule; or
2. The service provider
				has obtained the customer's electronic authorization to submit the preferred
				telecommunications service provider change order. Such authorization must be
				placed from the telephone number(s) on which the preferred telecommunications
				service provider is to be changed and must confirm the information required in
				numbered paragraph 22.9(2)
"a"
(1) "1" above. Service providers
				electing to confirm sales electronically shall establish one or more toll-free
				telephone numbers exclusively for that purpose. Calls to the number(s) will
				connect a customer to a voice response unit or to a similar mechanism that
				records the required information regarding the preferred telecommunications
				service provider change, including automatically recording the originating
				automatic numbering identification; or
3. An appropriately qualified independent
				third party has obtained the customer's oral authorization to submit the
				preferred telecommunications service provider change order that confirms and
				includes appropriate verification data. The independent third party must not be
				owned, managed, controlled, or directed by the service provider or the service
				provider's marketing agent; must not have any financial incentive to confirm
				preferred telecommunications service provider change orders for the service
				provider or the service provider's marketing agent; and must operate in a
				location physically separate from the service provider or the service
				provider's marketing agent. The content of the verification must include clear
				and conspicuous confirmation that the customer has authorized a preferred
				telecommunications service provider change; or
4. The local service provider may change the
				preferred service provider, for customer-originated changes to existing
				accounts only, through maintenance of sufficient internal records to establish
				a valid customer request for the change in service. At a minimum, any such
				internal records must include the date and time of the customer's request and
				adequate verification of the identification of the person requesting the change
				in service. The burden will be on the local service provider to show that its
				internal records are adequate to verify the customer's request for the change
				in service.
All verifications shall be maintained for at least two years
				  from the date the change in service is implemented, and all complaints
				  regarding a change in preferred service provider must be brought within two
				  years of the date the change in service is implemented. Verification of service
				  freezes shall be maintained for as long as the preferred telecommunications
				  service provider freeze is in effect.