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Consumer Rights

Relevant Governmental Agency Procedures for Resolution of Complaints

• If the RGA determines that an unautho- rized change has occurred, it will issue an order to the unauthorized carrier directing compliance with the 30-day absolution rule and/or the reimburse- ment rules.

Section 64.1150 of the FCC’s preferred carri- er change rules govern resolution of unautho- rized change complaints. Following are key elements of the Section 64.1150 rules. • Any carrier informed by a subscrib- er of an unauthorized preferred carrier change must direct the subscriber to the relevant governmental agency (RGA). • Upon receipt of a complaint, the RGA will notify the allegedly unauthorized carrier and order that the carrier remove all unpaid charges for the first 30 days after the slam from the subscriber’s bill pending determination of whether an unauthorized change has occurred. • With 30 days of notification from the RGA, or any shorter period required by a state commission, the alleged unautho- rized carrier must provide to the RGA a copy of any valid proof of verification of the preferred carrier change. • The proof of verification must comply with the FCC’s Part 64, Subpart K rules respecting authorization and verification. • Failure by the carrier to respond or provide proof of verification will be pre- sumed to be clear and convincing evi- dence of an unauthorized change.

30-Day Absolution Period or Unpaid Charges from Unauthorized Carriers

Under Section 64.1140 of the FCC’s revised preferred carrier change rules, a subscriber is absolved of paying charges for long distance from an unauthorized carrier for the first 30 days after an unauthorized change so long as the subscriber has not remitted payment for the charges. Any executing carrier (LEC), unauthorized carrier or authorized carrier receiving a report from a subscriber of an unauthorized change must inform the sub- scriber of the 30-day absolution period . Allegedly unauthorized carriers can challenge the allegation of an unauthorized change so long as they direct the subscriber to file a complaint with the relevant governmental agency responsible for investigation. Alleged unauthorized carriers must remove unpaid charges from subscriber bills, whether or not they are challenging the allegation. Should the relevant governmental investigation indi- cate that the preferred carrier

change was authorized, the charges will be reinstated.

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