New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 11 - ANTI-SLAMMING REQUIREMENTS FOR TSPs › Section 14:10-11.5 - Letters of agency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A TSP that
				elects to use a letter of agency to obtain a verified authorization for a
				change in a customer's TSP shall ensure that the letter of agency complies with
				all requirements of the FCC rules governing letters of agency at
				47 CFR §
										64.1130, incorporated herein by reference, as
				amended and supplemented. As of September 17, 2007, the substance of
				47 CFR §
										64.1130 is set forth at 1 through 12 below:
1. A TSP may use a letter of agency to obtain
				written or electronically signed authorization and or verification of a
				customer's request to change his/her primary TSP selection. A letter of agency
				that does not conform with this section is invalid for purposes of this
				subchapter;
2. The letter of agency
				shall be a separate (or an easily separable) document or located on a separate
				screen or web page containing only the authorizing language described in (a)5
				below having the sole purpose of authorizing a TSP to initiate a primary TSP
				change. The letters of agency shall be signed and dated by the customer who
				subscribes to the telephone line(s) requesting the primary TSP
				change;
3. The letter of agency
				shall not be combined on the same document, screen, or web page with
				inducements of any kind. For example, it cannot be used in combination with
				sweepstakes offerings, entries or boxes.
4. Notwithstanding (a)2 and 3 above, the
				letter of agency may be combined with check(s) that contain only the required
				letter of agency language as prescribed in (a)5 below and the necessary
				information to make the check(s) a negotiable instrument. The letter of agency
				check(s) shall not contain any promotional language or material. The letter of
				agency check(s) shall contain, easily readable boldface type on the front of
				the check(s), a notice that the customer is authorizing a primary TSP change by
				cashing the check(s). The letter of agency language shall be placed near the
				signature line on the back of the check;
5. At a minimum, the letter of agency shall
				be printed with a type of sufficient size and readable type to be clearly
				legible and must contain clear and unambiguous language that confirms:
i. The customer's billing name and address
				and each telephone number to be covered by the primary TSP change
				order;
ii. The decision to change
				the primary TSP from the current TSP to the submitting TSP;
iii. That the customer designates (name of
				submitting TSP) to act as the customer's agent for the primary TSP
				change;
iv. That the customer
				understands that a different TSP may be designated for each of the customer's
				services, that is, interLATA, intraLATA toll or local exchange. The letter of
				agency shall contain separate check-off boxes for each such choice, with only
				one signature line at the bottom, although a separate letter of agency for each
				choice is not necessary; and
v.
				That the customer understands that each change of a primary TSP selection the
				customer chooses may involve a charge to the customer. The customer is to be
				advised of the amount of the charge up to the maximum;
6. Any TSP designated in a letter of agency
				as a primary TSP shall be the TSP directly setting the rates for the
				customer;
7. Letters of agency
				shall not suggest or require that a customer take some action in order to
				retain the customer's current TSP;
8. If any portion of a letter of agency is
				translated into another language then all portions of the letter of agency
				shall be translated into that language. Every letter of agency shall be
				translated into the same language as any promotional materials, oral
				descriptions or instructions provided with the letter of agency;
9. Letters of agency submitted with an
				electronically signed authorization shall include the consumer disclosures
				required by § 101(c) of the Electronic Signatures in the Global and
				National Commerce Act. ( Public Laws 106-229 ) (E-sign
				Act);
10. TSPs utilizing
				electronically signed letters of agency shall employ encryption and/or other
				security measures in keeping with the best practices used for Internet
				transactions. TSPs shall also provide notice to subscribers regarding the level
				of security that applies to the submission of such electronically signed
				letters of agency.
11. A TSP shall
				submit a primary TSP change order on behalf of a subscriber within 60 days of
				obtaining a written or electronically signed letter of agency; and
12. Letters of agency submitted with
				electronically signed authorizations shall comply with all relevant provisions
				of the Electronic Signatures in the E-sign Act and the Uniform Electronic
				Transactions Act,
				12A:12-1 et seq.