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Consumer Rights

FCC Slamming Liability and Investigation Rules

Executing Carrier (LEC) Duties Upon Receipt of a Slamming Complaint The Federal Communications Commission (FCC) announced on October 27, 2000 that its Part 64, Subpart K slamming liability and investigation rules went into effect on November 28, 2000. Under Section 64.1150, executing carriers (LECs) who receive notification from a sub- scriber of an unauthorized change must do the following: • Inform the subscriber of the 30-day absolution period. • Immediately notify the authorized car- rier (i.e., the previous preferred carrier prior to the alleged slamming) and identify the unauthorized carrier to the authorized carrier.

Alleged Unauthorized Carrier Duties Upon Receipt of a Slamming Complaint Under the new rules, alleged unauthorized carriers must do the following: • Inform the subscriber of the 30-day absolution period. • Refer the subscriber to either the state commission or, where the state com- mission has not opted to administer the slamming rules, the FCC Consumer Information Bureau. • Comply with Section 64.1160 require- ment to remove unpaid charges from the customer’s bill. • Comply with Section 64.1150 proce- dures for resolution of slamming com- plaints by the relevant governmental agency (RGA). • If available, provide proof of verifica- tion to relevant governmental agency within 30 days after notification of the complaint (or sooner if required by state rule). • Depending on the resolution of the complaint by the RGA, comply with the Section 64.1140 liability rules, the Section 64.1160 absolution procedures and the Section 64.1170 reimbursement procedures.

• Immediately notify the unauthorized carrier (i.e., the current preferred inter- exchange carrier-PIC in the switch) and identify the authorized carrier to the unauthorized carrier. • Refer the subscriber to either the state commission or, where the state com- mission has not opted to administer the slamming rules, the FCC Consumer Information Bureau.

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