Goto Section: 64.1120 | 64.1140 | Table of Contents
Revised as of December 4, 2012
Goto Year:2011 |
§ 64.1130 Letter of agency form and content.
(a) A telecommunications carrier may use a written or electronically
signed letter of agency to obtain authorization and/or verification of
a subscriber's request to change his or her preferred carrier
selection. A letter of agency that does not conform with this section
is invalid for purposes of this part.
(b) The letter of agency shall be a separate document (or an easily
separable document) or located on a separate screen or webpage
containing only the authorizing language described in paragraph (e) of
this section having the sole purpose of authorizing a
telecommunications carrier to initiate a preferred carrier change. The
letter of agency must be signed and dated by the subscriber to the
telephone line(s) requesting the preferred carrier change.
(c) The letter of agency shall not be combined on the same document,
screen, or webpage with inducements of any kind.
(d) Notwithstanding paragraphs (b) and (c) of this section, the letter
of agency may be combined with checks that contain only the required
letter of agency language as prescribed in paragraph (e) of this
section and the necessary information to make the check a negotiable
instrument. The letter of agency check shall not contain any
promotional language or material. The letter of agency check shall
contain in easily readable, bold-face type on the front of the check, a
notice that the subscriber is authorizing a preferred carrier change by
signing the check. The letter of agency language shall be placed near
the signature line on the back of the check.
(e) At a minimum, the letter of agency must be printed with a type of
sufficient size and readable type to be clearly legible and must
contain clear and unambiguous language that confirms:
(1) The subscriber's billing name and address and each telephone number
to be covered by the preferred carrier change order;
(2) The decision to change the preferred carrier from the current
telecommunications carrier to the soliciting telecommunications
(3) That the subscriber designates [insert the name of the submitting
carrier] to act as the subscriber's agent for the preferred carrier
(4) That the subscriber understands that only one telecommunications
carrier may be designated as the subscriber's interstate or interLATA
preferred interexchange carrier for any one telephone number. To the
extent that a jurisdiction allows the selection of additional preferred
carriers ( e.g. , local exchange, intraLATA toll, interLATA toll, or
international interexchange), the letter of agency must contain
separate statements regarding those choices, although a separate letter
of agency for each choice is not necessary; and
(5) That the subscriber may consult with the carrier as to whether a
fee will apply to the change in the subscriber's preferred carrier.
(f) Any carrier designated in a letter of agency as a preferred carrier
must be the carrier directly setting the rates for the subscriber.
(g) Letters of agency shall not suggest or require that a subscriber
take some action in order to retain the subscriber's current
(h) 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.
(i) Letters of agency submitted with an electronically signed
authorization must include the consumer disclosures required by Section
101(c) of the Electronic Signatures in Global and National Commerce
(j) A telecommunications carrier shall submit a preferred carrier
change order on behalf of a subscriber within no more than 60 days of
obtaining a written or electronically signed letter of agency. However,
letters of agency for multi-line and/or multi-location business
customers that have entered into negotiated agreements with carriers to
add presubscribed lines to their business locations during the course
of a term agreement shall be valid for the period specified in the term
[ 64 FR 7760 , Feb. 16, 1999. Redesignated at 65 FR 47692 , Aug. 3, 2000,
as amended at 66 FR 12893 , Mar. 1, 2001; 66 FR 16151 , Mar. 23, 2001; 68 FR 19159 , Apr. 18, 2003; 73 FR 13149 , Mar. 12, 2008]
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Goto Section: 64.1120 | 64.1140
Goto Year: 2011 |
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