97-21527. Unauthorized Changes of Consumer's Long Distance Carriers  

  • [Federal Register Volume 62, Number 157 (Thursday, August 14, 1997)]
    [Rules and Regulations]
    [Pages 43477-43481]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-21527]
    
    
    -----------------------------------------------------------------------
    
    FEDERAL COMMUNICATIONS COMMISSION
    
    47 CFR Part 64
    
    [CC Docket 94-129; FCC 97-248]
    
    
    Unauthorized Changes of Consumer's Long Distance Carriers
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Commission adopted a combined Further Notice of Proposed 
    Rule Making and Memorandum Opinion and Order on Reconsideration which 
    amends the Commission's rules and policies governing the unauthorized 
    switching of subscribers' primary interexchange carriers (PICs), an 
    activity more commonly known as ``slamming.'' In the Order on 
    Reconsideration, the Commission disposes of six petitions for 
    reconsideration of its 1995 Report and Order, and amends its rules 
    regarding changes in subscribers' long distance carriers in three 
    respects. The Commission's decision is intended to deter and ultimately 
    eliminate unauthorized changes in subscribers' long distance carriers.
    
    EFFECTIVE DATE: January 12, 1998 except for Sec. 64.1150 which will 
    become effective upon approval by the Office of Management and Budget. 
    The Commission will publish a document at a later date announcing the 
    effective date.
    
    FOR FURTHER INFORMATION CONTACT: Cathy Seidel, Enforcement Division, 
    Common Carrier Bureau (202) 418-0960.
    
    SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
    Memorandum Opinion and Order on Reconsideration in CC Docket No. 94-129 
    [FCC 97-248], adopted on July 14, 1997 and released on July 15, 1997. 
    The full text of the Order on Reconsideration is available for 
    inspection and copying during normal business hours in the FCC 
    Reference Center, Room 239, 1919 M Street, N.W., Washington, D.C. The 
    complete text of this decision may also be purchased from the 
    Commission's duplicating contractor, International Transcription 
    Services, 1231 20th Street, N.W., Washington, D.C.
    
    Summary of Memorandum Opinion and Order on Reconsideration
    
    I. Background
    
        1. The Commission first established safeguards to deter slamming 
    when equal access was implemented in 1985. By 1992, because the 
    interexchange market had become more competitive, the need for 
    additional safeguards to deter slamming increased. Therefore, the 
    Commission adopted rules requiring that all IXCS institute one of four 
    verification procedures before submitting a carrier change request 
    generated through telemarketing on behalf of a customer. 7 FCC Rcd 1038 
    (1992), recon. denied, 8 FCC Rcd 3215 (1993). In 1994, the Commission 
    on its own motion and in response to continuing complaints from 
    subscribers regarding slamming, instituted a rule making and adopted 
    rules in its 1995 Report and Order 10 FCC Rcd 9560, 60 FR 35846 (July 
    12, 1995), establishing further anti-slamming safeguards to deter 
    misleading letters of agency (LOAs). A LOA is a document signed by a 
    subscriber which states that a
    
    [[Page 43478]]
    
    particular carrier has been selected as that subscriber's preferred 
    carrier. Despite the Commissions anti-slamming efforts, the number of 
    written slamming complaints received by the Commission in 1995 was 
    11,278, which represents a six-fold increase over the number of such 
    complaints received in 1993. That number has continued to rise; over 
    16,000 such complaints were received in 1996. Shortly after, the 
    adoption of the 1995 Report and Order the Commission, on its own 
    motion, stayed its 1995 Report and Order insofar as it extends the PIC-
    change verification requirements set forth in Sec. 64.1100 of the 
    Commission's rules to consumer-initiated or in-bound telemarketing 
    calls. The stay was imposed before the effective date of the 1995 
    Report and Order. The consumer-initiated or in-bound telemarketing 
    provision is the only component of its anti-slamming rules that the 
    Commission stayed. The stay of this provision of the 1995 Report and 
    Order remains in effect.
    
    II. Discussion
    
        2. Six parties filed petitions for reconsideration of the 
    Commission's 1995 Report and Order. Allnet sought clarification or, in 
    the alternative, reconsideration of the language in Sec. 64.1150(e)(4) 
    to reflect the terms ``interLATA'' and ``intraLATA'' instead of 
    ``interstate'' and ``intrastate,'' respectively. AT&T, MCI and Sprint 
    sought reconsideration and reversal of the Commission's decision to 
    extend PIC-change verification requirements to consumer-initiated 
    calling. MCI also sought reconsideration of the Commission's decision 
    to permit the use of LOAs that double as checks. Frontier sought 
    reconsideration of the Commission's LOA rules, maintaining that the 
    rules should not apply to consumers who have executed written contracts 
    to obtain an IXC's services. Finally, NAAG sought reconsideration of 
    several aspects of the 1995 Report and Order. Specifically, NAAG urged 
    the Commission: (1) To eliminate, as a general rule, any liability for 
    consumers if the switching IXC cannot document that the consumer 
    authorized the switch in accordance with the law; (2) to modify 
    Sec. 64.1150 to require that: (a) LOAs be on a document separate from 
    any promotional material, not just separable by a perforation; (b) 
    combined check/LOAs be prohibited, unless additional safeguards are 
    required; (c) if an LOA is provided in connection with any promotion, 
    all or part of which is in a language other than English, the LOA must 
    also be provided in that other language; and (d) any promotion in which 
    any inducements to switch long distance service are in a language other 
    than English, must contain a full explanation and make all disclosures 
    in each language used to make the inducements; and (3) to modify 
    Sec. 64.1100(d)(8) to eliminate the negative option in accordance with 
    paragraph 11 of the 1995 Report and Order and Sec. 64.1150(f).
        3. The Commission modifies its rules regarding changes in 
    subscribers' long distance carriers in three respects. First, the 
    Commission modifies Sec. 64.1150(g) to clarify that carriers using 
    letters of agency (LOAs) must fully translate their LOAs into the same 
    language(s) as their associated promotional materials or oral 
    descriptions and instructions. Second, the Commission modifies 
    Sec. 64.1150(e)(4) to incorporate the terms interLATA and intraLATA, as 
    well as interstate and intrastate, in order to remove possible 
    confusion or uncertainty about the scope of the Commission's rules, 
    which are generally relevant to all jurisdictions. Third, the 
    Commission modifies Sec. 64.1100(a) to clarify that carriers must 
    confirm change orders for long distance service generated by 
    telemarketing using only one of the four verification options of 
    Sec. 64.1100. Aside from these modifications and seeking further 
    comment in the accompanying Further Notice of Proposed Rule Making, the 
    Commission otherwise declines to adopt the positions urged by 
    petitioners.
    
    III. Final Regulatory Flexibility Analysis
    
        4. As required by section 603 of the Regulatory Flexibility Act 
    (RFA), 5 U.S.C. 603, an Initial Regulatory Flexibility Analysis (IRFA) 
    was incorporated in the Notice of Proposed Rule Making (NPRM) in the 
    Policies and Rules Concerning Unauthorized Changes of Consumers' Long 
    Distance Carrier, 9 FCC Rcd. 6885 (1994). The Commission sought written 
    public comment on the proposals in the NPRM, including on the IRFA. The 
    Commission's Final Regulatory Flexibility Analysis (FRFA) in this 
    Memorandum Opinion and Order on Reconsideration conforms to the RFA, as 
    amended by the Small Business Regulatory Enforcement Fairness Act of 
    1996 (SBREFA), Public Law 104-121, 110 Stat. 847 (1996), codified as 
    Title II of the Contract With America Advancement Act of 1996 (CWAAA), 
    5 U.S.C. 601 et seq.
    i. Need for and Objectives of This Memorandum Opinion and Order on 
    Reconsideration and the Rules Adopted Herein
        5. The Commission adopts in the Order on Reconsideration rules 
    that: (1) Modify Sec. 64.1150(g) to clarify that interexchange carriers 
    (IXCs) using LOAs must fully translate their LOAs into the same 
    language(s) as their associated promotional materials, oral 
    descriptions and instructions; (2) modify Sec. 64.1150(e)(4) to 
    incorporate the terms ``interLATA and intraLATA,'' as well as 
    ``interstate and intrastate''; and (3) modify Sec. 64.1100(a) to 
    clarify that IXCs must employ only one of the four verification options 
    in Sec. 64.1100 to verify subscriber change orders generated by 
    telemarketing. The objectives of the rules adopted in this Order on 
    Reconsideration are to provide adequate safeguards to protect 
    subscribers from unauthorized switching of their long distance carriers 
    and to encourage full and fair competition among telecommunications 
    carriers in the marketplace.
    ii. Summary and Analysis of the Significant Issues Raised by the Public 
    Comments in Response to the IRFA
        6. In the IRFA, the Commission found that the rules it proposed to 
    adopt in this proceeding may have a significant impact on a substantial 
    number of small businesses as defined by section 601(3) of the RFA. 
    Specifically, small entities may feel some economic impact in 
    additional printing costs due to the new requirement that IXCs must 
    fully translate their LOAs into the same language(s) as their 
    associated promotional materials, oral descriptions and instructions 
    under Sec. 64.1150(g). The IRFA solicited comment on alternatives to 
    proposed rules that would minimize the impact on small entities 
    consistent with the objectives of this proceeding. Although the 
    Commission has requested further comment on a number of these rules, 
    the Commission received no comment(s) on the potential impact on small 
    business entities with respect to the rules the Commission adopted in 
    this Order on Reconsideration.
    iii. Description and Estimates of the Number of Small Entities to Which 
    the Rules Adopted in the Memorandum Order and Opinion on 
    Reconsideration in CC Docket No. 94-129 Will Apply
        7. For the purposes of this analysis, the Commission examined the 
    relevant definition of ``small entity'' or ``small business'' and 
    applied this definition to identify those entities that may be affected 
    by the rules adopted in this Order on Reconsideration. The RFA defines 
    a ``small business'' to be the same as a ``small business concern'' 
    under the Small Business Act, 15 U.S.C. 632, unless the Commission has 
    developed one or more definitions that are appropriate to its 
    activities. Under
    
    [[Page 43479]]
    
    the Small Business Act, a ``small business concern'' is one that: (1) 
    Is independently owned and operated; (2) is not dominant in its field 
    of operation; and (3) meets any additional criteria established by the 
    Small Business Administration (SBA). Moreover, the SBA has defined a 
    small business for Standard Industrial Classification (SIC) categories 
    4812 (Radiotelephone Communications) and 4813 (Telephone 
    Communications, Except Radiotelephone) to be small entities when they 
    have fewer than 1,500 employees.
    Telephone Companies (SIC 4813)
        8. Total Number of Telephone Companies Affected. The decisions and 
    rules adopted by the Commission may have a significant effect on a 
    substantial number of small telephone companies identified by the SBA. 
    The United States Bureau of the Census (Census Bureau) reports that, at 
    the end of 1992, there were 3,497 firms engaged in providing telephone 
    service, as defined therein, for at least one year. This number 
    contains a variety of different categories of carriers, including local 
    exchange carriers (LECs), IXCs, competitive access providers (CAPs), 
    cellular carriers, mobile service carriers, operator service providers 
    (OSPs), pay telephone operators, PCS providers, covered SMR providers, 
    and resellers. It seems certain that some of those 3,497 telephone 
    service firms are not IXCs, or may not qualify as small entities 
    because they are not ``independently owned and operated.'' For example, 
    a PCS provider that is affiliated with an IXC having more than 1,500 
    employees would not meet the definition of a small business. It seems 
    reasonable to conclude, therefore, that fewer than 3,497 telephone 
    service firms are small entity IXCs that may be affected by this Order 
    on Reconsideration.
        9. Wireline Carriers and Service Providers. The SBA has developed a 
    definition of small entities for telecommunications companies other 
    than radiotelephone (wireless) companies (Telephone Communications, 
    Except Radiotelephone). The Census Bureau reports that there were 2,321 
    such telephone companies in operation for at least one year at the end 
    of 1992. According to the SBA definition, a small business telephone 
    company other than a radiotelephone company is one employing fewer than 
    1,500 persons. Of the 2,321 non-radiotelephone companies listed by the 
    Census Bureau, 2,295 companies (or, all but 26) were reported to have 
    fewer than 1,000 employees. Thus, at least 2,295 non-radiotelephone 
    companies might qualify as small incumbent LECs or small entities based 
    on these employment statistics. However, because it seems certain that 
    some of these carriers are not independently owned and operated, this 
    figure necessarily overstates the actual number of non-radiotelephone 
    companies that would qualify as ``small business concerns'' under the 
    SBA definition. Moreover, although the rules adopted herein apply only 
    to IXCs, this figure includes entities other than IXCs. Consequently, 
    the Commission estimates using this methodology that there are fewer 
    than 2,295 small entity telephone communications companies (other than 
    radiotelephone companies) that may be affected by the proposed 
    decisions and rules and seeks comment on this conclusion.
        10. Non-LEC wireline carriers. Next the Commission estimates the 
    number of non-LEC wireline carriers, including IXCs, CAPs, OSPs, Pay 
    Telephone Operators, and resellers that may be affected by these rules. 
    Because neither the Commission nor the SBA has developed definitions 
    for small entities specifically applicable to these wireline service 
    types, the closest applicable definition under the SBA rules for all 
    these service types is for telephone communications companies other 
    than radiotelephone (wireless) companies. However, the TRS data 
    provides an alternative source of information regarding the number of 
    IXCs, CAPs, OSPs, Pay Telephone Operators, and resellers nationwide. 
    According to the Commission's most recent data: 130 companies reported 
    that they are engaged in the provision of interexchange services; 57 
    companies reported that they are engaged in the provision of 
    competitive access services; 25 companies reported that they are 
    engaged in the provision of operator services; 271 companies reported 
    that they are engaged in the provision of pay telephone services; and 
    260 companies reported that they are engaged in the resale of telephone 
    services and 30 reported being ``other'' toll carriers. Although it 
    seems certain that some of these carriers are not independently owned 
    and operated, or have more than 1,500 employees, the Commission is 
    unable at this time to estimate with greater precision the number of 
    IXCs, CAPs, OSPs, Pay Telephone Operators, and resellers that would 
    qualify as small business concerns under SBA's definition. Firms filing 
    TRS Worksheets are asked to select a single category that best 
    describes their operation. As a result, some long distance carriers 
    describe themselves as resellers, some as OSPs, some as ``other,'' and 
    some simply as IXCs. Consequently, the Commission estimates that there 
    are fewer than 130 small entity IXCs; 57 small entity CAPs; 25 small 
    entity OSPs; 271 small entity pay telephone service providers; and 260 
    small entity providers of resale telephone service; and 30 ``other'' 
    toll carriers that might be affected by the rules proposed in this 
    Order on Reconsideration.
        11. Radiotelephone (Wireless) Carriers. The SBA has developed a 
    definition of small entities for Wireless (Radiotelephone) Carriers. 
    The Census Bureau reports that there were 1,176 such companies in 
    operation for at least one year at the end of 1992. According to the 
    SBA definition, a small business radiotelephone company is one 
    employing fewer than 1,500 persons. The Census Bureau also reported 
    that 1,164 of those radiotelephone companies had fewer than 1,000 
    employees. Thus, even if all of the remaining 12 companies had more 
    than 1,500 employees, there would still be 1,164 radiotelephone 
    companies that might qualify as small entities if they are 
    independently owned and operated. Although it seems certain that some 
    of these carriers are not independently owned and operated, the 
    Commission is unable to estimate with greater precision the number of 
    Radiotelephone Carriers and service providers that would qualify as 
    small business concerns under SBA's definition. The Commission is also 
    unable to estimate how many of these entities are IXCs. Consequently, 
    the Comission estimates that there are fewer than 1,164 small entity 
    radiotelephone companies that might be affected by the rules proposed 
    in this Order on Reconsideration.
        12. Cellular and Mobile Service Carriers. In an effort to further 
    refine its calculation of the number of radiotelephone companies 
    affected by the rules adopted herein, the Commission considers the 
    categories of radiotelephone carriers, Cellular Service Carriers and 
    Mobile Service Carriers. Neither the Commission nor the SBA has 
    developed a definition of small entities specifically applicable to 
    Cellular Service Carriers and to Mobile Service Carriers. The closest 
    applicable definition under SBA rules for both services is for 
    telephone companies other than radiotelephone (wireless) companies. The 
    most reliable source of information regarding the number of Cellular 
    Service Carriers and Mobile Service Carriers nationwide of which the 
    Commission is aware appears to be the data that it collects annually in 
    connection with the TRS. According to the Commission's most recent 
    data, 792
    
    [[Page 43480]]
    
    companies reported that they are engaged in the provision of cellular 
    services and 138 companies reported that they are engaged in the 
    provision of mobile services. Although it seems certain that some of 
    these carriers are not independently owned and operated, or have more 
    than 1,500 employees, the Commission is unable at this time to estimate 
    with greater precision the number of Cellular Service Carriers and 
    Mobile Service Carriers that would qualify as small business concerns 
    under SBA's definition. The Commission is also unable to estimate how 
    many of these entities are IXCs. Consequently, the Commission estimates 
    that there are fewer than 792 small entity Cellular Service Carriers 
    and fewer than 138 small entity Mobile Service Carriers that might be 
    affected by the rules proposed in this Order on Reconsideration.
        13. Broadband PCS Licensees. In an effort to further refine our 
    calculation of the number of radiotelephone companies affected by the 
    rules adopted herein, the Commission considers the category of 
    radiotelephone carriers, Broadband PCS Licensees. The broadband PCS 
    spectrum is divided into six frequency blocks designated A through F. 
    As set forth in 47 CFR 24.720(b), the Commission has defined ``small 
    entity'' in the auctions for Blocks C and F as a firm that had average 
    gross revenues of less than $40 million in the three previous calendar 
    years. For Block F, an additional classification for ``very small 
    business'' was added and is defined as an entity that, together with 
    its affiliates, has average gross revenues of not more than $15 million 
    for the preceding three calendar years. The Commission's definition of 
    a ``small entity'' in the context of broadband PCS auctions has been 
    approved by SBA. The Commission has auctioned broadband PCS licenses in 
    Blocks A through F. The Commission does not have sufficient data to 
    determine how many small businesses bid successfully for licenses in 
    Blocks A and B. There were 183 winning bidders that qualified as small 
    entities in the Blocks C, D, E, and F auctions. The Commission is 
    unable to estimate how many of these entities are IXCs. Based on this 
    information, the Commission concludes that the number of broadband PCS 
    licensees in Blocks C through F that might be affected by the rules 
    proposed in this Order on Reconsideration includes, at most, the 183 
    winning bidders that qualified as small entities in the Blocks C 
    through F broadband PCS auctions.
        14. SMR Licensees. Pursuant to 47 CFR 90.814(b)(1), the Commission 
    has defined ``small entity'' in auctions for geographic area 800 MHz 
    and 900 MHz SMR licenses as a firm that had average annual gross 
    revenues of less than $15 million in the three previous calendar years. 
    This definition of a ``small entity'' in the context of 800 MHz and 900 
    MHz SMR has been approved by the SBA. The rules adopted in this Order 
    on Reconsideration may apply to SMR providers in the 800 MHz and 900 
    MHz bands that either hold geographic area licenses or have obtained 
    extended implementation authorizations. The Commission does not know 
    how many IXCs provide 800 MHz or 900 MHz geographic area SMR service 
    pursuant to extended implementation authorizations, nor how many of 
    these providers have annual revenues of less than $15 million. The 
    Commission assumes, for purposes of this FRFA, that all of the extended 
    implementation authorizations may be held by IXCs that are small 
    entities, which may be affected by the decisions and rules adopted in 
    this Order on Reconsideration.
        15. The Commission completed its auctions for geographic area 
    licenses in the 900 MHz SMR band on April 15, 1996. There were 60 
    winning bidders who qualified as small entities in the 900 MHz auction. 
    The Commission is unable to estimate how many of these entities are 
    IXCs. Based on this information, the Commission concludes that the 
    number of geographic area SMR licensees that may be affected by the 
    rules adopted in this Order on Reconsideration includes, at most, these 
    60 small entities. No auctions have been held for 800 MHz geographic 
    area SMR licenses. Therefore, no small entities currently hold these 
    licenses. A total of 525 licenses will be awarded for the upper 200 
    channels in the 800 MHz geographic area SMR auction. However, the 
    Commission has not yet determined how many licenses will be awarded for 
    the lower 230 channels in the 800 MHz geographic area SMR auction. 
    There is no basis, moreover, on which to estimate how many small 
    entities will win these licenses, or how many of these entities will be 
    IXCs. Given that nearly all radiotelephone companies have fewer than 
    1,000 employees and that no reliable estimate of the number of 
    prospective 800 MHz licensees can be made, the Commission assumes, for 
    purposes of this FRFA, that all of the licenses may be awarded to IXCs 
    that are small entities which, thus, may be affected by the decisions 
    in this Order on Reconsideration.
    iv. Summary of Projected Reporting, Recordkeeping and Other Compliance 
    Requirements
        16. The Commission, in this Order on Reconsideration, (1) directs 
    carriers that use LOAs to fully translate their LOAs into the same 
    language(s) as their associated promotional materials, oral 
    descriptions and instructions; (2) modifies Sec. 64.1150(e)(4) of its 
    rules to incorporate the terms ``interLATA'' and ``intraLATA,'' as well 
    as ``interstate'' and ``intrastate''; and (3) clarifies that IXCs must 
    employ only one of the four options in Sec. 64.1100 to verify 
    subscriber change orders generated by telemarketing. The Commission has 
    determined that compliance with these provisions may require carriers 
    to modify their marketing and advertising materials.
    v. Steps Taken To Minimize the Significant Economic Impact of This 
    Memorandum Opinion and Order on Small Entities and Small Incumbent 
    LECs, Including the Significant Alternatives Considered and Rejected
        17. After consideration of potential alternatives, the Commission 
    determined that the requirement that carriers translate LOAs into the 
    same language as their associated promotional materials or oral 
    descriptions and instructions may have a significant impact on a 
    substantial number of small businesses as defined by section 601(3) of 
    the RFA. Specifically, small entities may feel some economic impact in 
    additional printing costs due to the new requirement under 
    Sec. 64.1150(g). Nevertheless, the overwhelming majority of commenters 
    supported the Commission's adoption of this rule, without providing 
    specific comment regarding the economic impact to small entities or 
    alternatives to lessen the economic impact. Moreover, because the rules 
    will not take effect for one hundred fifty (150) days, the Commission 
    believes all IXCs, large and small, will have sufficient advance time 
    to revise and print new LOAs, if necessary. By enacting this rule, the 
    Commission is only requiring that IXCs using LOAs ensure that the 
    language of their promotional material matches that which authorizes a 
    change in subscriber service. The Commission believes that even if the 
    economic impact is significant to some small entities, the benefit of 
    protecting non-English speaking consumers from being mislead by 
    language that they may not fully understand is consistent with the 
    stated objectives, and thus justifies any increase in printing costs.
    
    [[Page 43481]]
    
        18. The Commission determined that the rule incorporating the terms 
    ``interLATA and intraLATA'' as well as ``interstate and intrastate'' 
    contained in this Order on Reconsideration will not impose any 
    additional requirements on IXCs. These terms were incorporated only to 
    remove possible confusion or uncertainty as to the scope of our rules 
    as pertaining to all jurisdictions. Likewise, the rule clarifying that 
    IXCs must employ only one verification option will not impose any 
    additional requirements on IXCs. Therefore, adoption of these rules 
    should have little or no economic impact on small entities. Because the 
    Commission concludes that adoption of these rules will cause little or 
    no economic impact on small entities, the Commission has identified no 
    significant alternatives, nor were any offered by parties commenting on 
    the IRFA.
    vi. Report to Congress
        19. The Commission shall send a copy of this FRFA, along with this 
    Memorandum Opinion and Order on Reconsideration, in a report to 
    Congress pursuant to the Small Business Regulatory Enforcement Fairness 
    Act of 1996, 5 U.S.C. 801(a)(1)(A). A copy of this FRFA will also be 
    published in the Federal Register.
    
    IV. Conclusion
    
        20. The Commission reaffirms, with minor modifications, its 
    verification procedures adopted in the 1995 Report and Order. The 
    Commission's stay of its 1995 Report and Order, insofar as it extends 
    the PIC-change verification requirements set forth in Sec. 64.1100 of 
    the Commission rules to consumer-initiated or in-bound telemarketing 
    calls, remains in effect.
    
    V. Ordering Clauses
    
        21. It is ordered that, pursuant to Sections 1, 4, 201-205, 215, 
    218, 220 and 258 of the Communications Act of 1934, as amended, 47 
    U.S.C. 151, 154, 201-205, 215, 218, 220, and 258, the Petitions for 
    Reconsideration of Allnet Communication Services, Inc., AT&T 
    Corporation, Frontier Communications International, Inc., MCI 
    Telecommunications Corporation, National Association of Attorneys 
    General, and Sprint Communications Company Are granted to the extent 
    described herein and Are denied in all other respects.
        22. It is further ordered that the Petition for Clarification of 
    the Telecommunications Resellers Association is granted to the extent 
    described herein and is denied in all other respects.
        23. It is further ordered that 47 CFR Part 64 is amended as set 
    forth below.
        24. It is further ordered that the policies, rules and requirements 
    set forth below in this memorandum opinion and order on reconsideration 
    are effective January 12, 1998 except for section 64.1150 which will 
    become effective upon approval by the Office of Management and Budget. 
    The Commission will publish a document at a later date announcing the 
    effective date.
    
    List of Subjects in 47 CFR Part 64
    
        Communications common carriers, Consumer protection, 
    Telecommunications.
    
    Federal Communications Commission.
    William F. Caton,
    Acting Secretary.
    
    Rule Changes
    
        47 CFR part 64 is amended as follows:
        1. The authority citation for part 64 continues to read as follows:
    
        Authority: Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. 154, 
    unless otherwise noted. Interpret or apply secs. 201, 218, 226, 228, 
    48 Stat. 1070, as amended, 1077; 47 U.S.C. 201, 218, 226, 228, 
    unless otherwise noted.
    
        2. Section 64.1100(a) is revised to read as follows:
    
    
    Sec. 64.1100  Verification of orders for long distance service 
    generated by telemarketing.
    
    * * * * *
        (a) The IXC has obtained the customer's written authorization in a 
    form that meets the requirements of Sec. 64.1150;
    * * * * *
        3. Section 64.1150(e)(4) is revised to read as follows:
    
    
    Sec. 64.1150  Letter of agency form and content.
    
    * * * * *
        (e) * * *
        (4) That the subscriber understands that only one interexchange 
    carrier may be designated as the subscriber's interstate or interLATA 
    primary interexchange carrier for any one telephone number. To the 
    extent that a jurisdiction allows the selection of additional primary 
    interexchange carriers (e.g., for intrastate, intraLATA or 
    international calling), the letter of agency must contain separate 
    statements regarding those choices. Any carrier designated as a primary 
    interexchange carrier must be the carrier directly setting the rates 
    for the subscriber. One interexchange carrier can be both a 
    subscriber's interstate or interLATA primary interexchange carrier and 
    a subscriber's intrastate or intraLATA primary interexchange carrier; 
    and
    * * * * *
        4. Section 64.1150(g) is revised to read as follows:
    
    
    Sec. 64.1150  Letter of agency form and content.
    
    * * * * *
        (g) If any portion of a letter of agency is translated into another 
    language, then all portions of the letter of agency must be translated 
    into that language. Every letter of agency must be translated into the 
    same language as any promotional materials, oral descriptions or 
    instructions provided with the letter of agency.
    
    [FR Doc. 97-21527 Filed 8-13-97; 8:45 am]
    BILLING CODE 6712-01-P
    
    
    

Document Information

Published:
08/14/1997
Department:
Federal Communications Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-21527
Dates:
January 12, 1998 except for Sec. 64.1150 which will become effective upon approval by the Office of Management and Budget. The Commission will publish a document at a later date announcing the effective date.
Pages:
43477-43481 (5 pages)
Docket Numbers:
CC Docket 94-129, FCC 97-248
PDF File:
97-21527.pdf
CFR: (7)
47 CFR 64.1100(d)(8)
47 CFR 64.1150(e)(4)
47 CFR 64.1150(g)
47 CFR 64.1100
47 CFR 64.1100
More ...