4901:1-6-18 Slamming and preferred carrier freezes.

(A) Providers of telecommunications service, in the course of submitting or executing a change on behalf of a subscriber in the selection of a telephone company, shall obtain authorization from the subscriber and verification of that authorization in accordance with the rules and procedures prescribed by the federal communications commission (FCC) at 47 C.F.R. 64.1100 to 47 C.F.R. 64.1170 . For purposes of this rule, the term "subscriber" has the same meaning as it does within the context of the rules and procedures prescribed by the FCC.

(B) The submitting provider of telecommunications service shall maintain and preserve records of verification of a subscriber's authorized switch of provider of telecommunications service in accordance with the rules and procedures prescribed by the FCC.

(C) Any provider of telecommunications service that is informed by a subscriber or the commission of an unauthorized provider change shall follow the commission's informal complaint procedures and the remedies prescribed by the FCC for the resolution of informal complaints of unauthorized changes of providers of telecommunications service.

(D) The commission, upon complaint by any person or its own initiative, has jurisdiction under sections 4905.73 and 4905.26 of the Revised Code concerning any violation of this rule and may order remedies as delineated under the rules and procedures prescribed by the FCC and in effect at the time of the violation, as well as enforce the duties and remedies provided for under sections 4905.72 and 4905.73 of the Revised Code.

(E) A provider of telecommunications service shall offer a preferred carrier freeze (PCF), only in accordance with the rules and procedures prescribed by the FCC.

(F) All telecommunications providers that offer PCFs shall be required to refrain from attempting to retain a customer's account during the process of changing a customer's preferred carrier selection, or otherwise to provide such information to its marketing staff or any affiliate.

Replaces: 4901:1-5-09

Effective: 01/20/2011
R.C. 119.032 review dates: 11/30/2015
Promulgated Under: 111.15
Statutory Authority: 4901.13 , 4927.03
Rule Amplifies: 4905.231
Prior Effective Dates: 4/8/03, 12/29/05, 9/18/07