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Central Telecom Slam Order

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Released: September 18, 2013

Federal Communications Commission

DA 13-1916

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Central Telecom Long Distance, Inc.
)
IC Nos. 12-S003504
)
12-S3378167
Complaints Regarding
)

Unauthorized Change of
)
Subscriber's Telecommunications Carrier
)

ORDER

Adopted: September 13, 2013

Released: September 18, 2013

By the Deputy Chief, Consumer Policy Division, Consumer & Governmental Affairs Bureau:
1.
In this Order, we consider the complaints1 alleging that Central Telecom Long
Distance, Inc., (CTLD) changed Complainants' telecommunications service providers without
obtaining authorization and verification from Complainants in violation of the Commission's
rules.2 We conclude that CTLD's actions did result in unauthorized changes in Complainants'
telecommunications service providers and we grant Complainants' complaints.
2.
In December 1998, the Commission released the Section 258 Order in which it
adopted rules to implement Section 258 of the Communications Act of 1934 (Act), as amended
by the Telecommunications Act of 1996 (1996 Act).3 Section 258 prohibits the practice of
"slamming," the submission or execution of an unauthorized change in a subscriber's selection


1
See Appendix.
2
See 47 C.F.R. 64.1100 64.1190.
3
47 U.S.C. 258(a); Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996);
Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996;
Policies and Rules Concerning Unauthorized Changes of Consumers' Long Distance Carriers
, CC Docket No. 94-
129, Second Report and Order and Further Notice of Proposed Rule Making, 14 FCC Rcd 1508 (1998) (Section 258
Order), stayed in part, MCI WorldCom v. FCC
, No. 99-1125 (D.C. Cir. May 18, 1999); First Order on
Reconsideration, 15 FCC Rcd 8158 (2000); stay lifted, MCI WorldCom v. FCC, No. 99-1125 (D.C. Cir. June 27,
2000); Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996 (2000), Errata, DA No.
00-2163 (rel. Sept. 25, 2000), Erratum, DA No. 00-2192 (rel. Oct. 4, 2000), Order, FCC 01-67 (rel. Feb. 22, 2001);
Third Order on Reconsideration and Second Further Notice of Proposed Rule Making, 18 FCC Rcd 5099 (2003);
Order, 18 FCC Rcd 10997 (2003); Fourth Report and Order, 23 FCC Rcd 493 (2008). Prior to the adoption of
Section 258, the Commission had taken various steps to address the slamming problem. See, e.g., Policies and
Rules Concerning Unauthorized Changes of Consumers' Long Distance Carriers
, CC Docket No. 94-129, Report
and Order, 10 FCC Rcd 9560 (1995), stayed in part, 11 FCC Rcd 856 (1995); Policies and Rules Concerning
Changing Long Distance Carrier
s, CC Docket No. 91-64, 7 FCC Rcd 1038 (1992), reconsideration denied, 8 FCC
Rcd 3215 (1993); Investigation of Access and Divestiture Related Tariffs, CC Docket No. 83-1145, Phase I, 101
F.C.C.2d 911, 101 F.C.C.2d 935, reconsideration denied, 102 F.C.C.2d 503 (1985).

Federal Communications Commission

DA 13-1916

of a provider of telephone exchange service or telephone toll service.4 In the Section 258 Order,
the Commission adopted aggressive new rules designed to take the profit out of slamming,
broadened the scope of the slamming rules to encompass all carriers, and modified its existing
requirements for the authorization and verification of preferred carrier changes. The rules
require, among other things, that a carrier receive individual subscriber consent before a carrier
change may occur.5 Pursuant to Section 258, carriers are absolutely barred from changing a
customer's preferred local or long distance carrier without first complying with one of the
Commission's verification procedures.6 Specifically, a carrier must: (1) obtain the subscriber's
written or electronically signed authorization in a format that meets the requirements of
Section 64.1130; (2) obtain confirmation from the subscriber via a toll-free number provided
exclusively for the purpose of confirming orders electronically; or (3) utilize an independent
third party to verify the subscriber's order.7
3.
The Commission also has adopted liability rules. These rules require the carrier
to absolve the subscriber where the subscriber has not paid his or her bill. In that context, if the
subscriber has not already paid charges to the unauthorized carrier, the subscriber is absolved of
liability for charges imposed by the unauthorized carrier for service provided during the first 30
days after the unauthorized change.8 Where the subscriber has paid charges to the unauthorized
carrier, the Commission's rules require that the unauthorized carrier pay 150% of those charges
to the authorized carrier, and the authorized carrier shall refund or credit to the subscriber 50% of
all charges paid by the subscriber to the unauthorized carrier.9 Carriers should note that our
actions in this order do not preclude the Commission from taking additional action, if warranted,
pursuant to Section 503 of the Act.10
4.
We received Complainants' complaints alleging that Complainants'
telecommunications service providers had been changed to CTLD without Complainants'
authorization.11 Pursuant to Sections 1.719 and 64.1150 of our rules,12 we notified CTLD of the


4
47 U.S.C. 258(a).
5
See 47 C.F.R. 64.1120.
6
47 U.S.C. 258(a).
7
See 47 C.F.R. 64.1120(c). Section 64.1130 details the requirements for letter of agency form
and content for written or electronically signed authorizations. 47 C.F.R. 64.1130.
8
See 47 C.F.R. 64.1140, 64.1160. Any charges imposed by the unauthorized carrier on the
subscriber for service provided after this 30-day period shall be paid by the subscriber to the authorized carrier at
the rates the subscriber was paying to the authorized carrier at the time of the unauthorized change. Id.
9
See 47 C.F.R. 64.1140, 64.1170.
10
See 47 U.S.C. 503.
11
See Appendix.
12
47 C.F.R. 1.719 (Commission procedure for informal complaints filed pursuant to Section 258
of the Act); 47 C.F.R. 64.1150 (procedures for resolution of unauthorized changes in preferred carrier).
2

Federal Communications Commission

DA 13-1916

complaints and CTLD responded.13 CTLD states that authorizations were received and
confirmed through third party verifications (TPVs). We have reviewed the TPVs that CTLD
submitted with its responses. The Commission's rules require that the verification elicit,
amongst other things, confirmation that the person on the call is "authorized to make the carrier
change."14 In each of the TPVs at issue, the verifier instead asks whether the person on the call,
"Do you have the authority to make changes to your long distance service?" A switch from one
carrier to another carrier differs from merely making changes to the customer's service.15 As we
emphasized in the Fourth Report and Order, "any description of the carrier change
transaction...shall not be misleading" and verifiers should convey explicitly that "the consumers
will have authorized a carrier change, and not for instance an upgrade in existing service
(emphasis added)."16 We find that CTLD's actions were in violation of our carrier change rules,
and we discuss CTLD's liability below.17
5.
Pursuant to Section 64.1170(b) our rules, CTLD must forward to the authorized
carriers an amount equal to 150% of all charges paid by the subscriber to CTLD.18 According to
the complaints, CTLD must forward to the authorized carriers the amounts, along with copies of
any telephone bills issued from the company to the Complainants.19 Within ten days of receipt
of this amount, the authorized carriers shall provide a refund or credit to Complainants in the
amount of 50% of all charges paid by Complainants to CTLD. Complainants has the option of
asking the authorized carriers to re-rate CTLD's charges based on the authorized carriers rates
and, on behalf of Complainants, seek from CTLD, any re-rated amount exceeding 50% of all
charges paid by the Complainants to CTLD. The authorized carriers must also send a notice to
the Commission, referencing this Order, stating that is has given a refund or credit to
Complainants.20 If the authorized carriers have not received the reimbursement required from
CTLD within 45 days of the release of this Order, the authorized carriers must notify the
Commission and Complainants accordingly. The authorized carriers also must notify the
Complainant of his or her right to pursue a claim against CTLD for a refund of all charges paid


13
See Appendix.
14
See 47 C.F. R. 64.1120(c)(3)(iii).
15
Cf. Consumer Telcom, Inc., Order on Reconsideration, 27 FCC Rcd 5340 (CGB 2012) ("the
verifier's question, `Do you have authority to make changes to your long distance service?' did not confirm that
the person was authorizing a change that would result in receiving service from a different carrier").
16
See 47 C.F.R. 64.1120(c)(3)(iii); Fourth Report and Order, 23 FCC Rcd 493 (2008).
17
If either Complainant is unsatisfied with the resolution of this complaint, such Complainant may
file a formal complaint with the Commission pursuant to Section 1.721 of the Commission's rules, 47 C.F.R.
1.721. Such filing will be deemed to relate back to the filing date of such Complainant's informal complaint so
long as the formal complaint is filed within 45 days from the date this order is mailed or delivered electronically to
such Complainant. See 47 C.F.R. 1.719.
18
47 C.F.R. 64.1170(b).
19
Id.
20
See 47 C.F.R. 64.1170(c).
3

Federal Communications Commission

DA 13-1916

to CTLD.21
6.
Accordingly, IT IS ORDERED that, pursuant to Section 258 of the
Communications Act of 1934, as amended, 47 U.S.C. 258, and Sections 0.141, 0.361 and
1.719 of the Commission's rules, 47 C.F.R. 0.141, 0.361, 1.719, the complaints filed against
Central Telecom Long Distance, Inc., ARE GRANTED.
7.
IT IS FURTHER ORDERED that, pursuant to section 64.1170(d) of the
Commission's rules, 47 C.F.R. 64.1170(d), Complainants are entitled to absolution for the
charges incurred during the first thirty days after the unauthorized change occurred and neither
Central Telecom Long Distance, Inc. nor the authorized carriers may pursue any collection
against Complainants for those charges.
8.
IT IS FURTHER ORDERED that this Order is effective upon release.
FEDERAL COMMUNICATIONS COMMISSION
Nancy A. Stevenson, Deputy Chief
Consumer Policy Division
Consumer & Governmental Affairs Bureau


21
See 47 C.F.R. 64.1170(e).
4

Federal Communications Commission

DA 13-1916

APPENDIX
INFORMAL
DATE OF
DATE OF
AUTHORIZED
COMPLAINT
COMPLAINT
RESPONSE
CARRIER
NUMBER
12-S003504 September 19, 2012
November 1, 2012
No Provider
12-S3378167
April 17, 2012
May 25, 2012
AT&T
5

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