Section 407-296-2 - Soliciting, Imposing, and Lifting Preferred Carrier FreezesA.Preferred Carrier Freezes on Customer RequestTelecommunications carriers that offer preferred carrier freezes shall offer freezes on a non-discriminatory basis to all customers, regardless of the customer's carrier selections, upon request by a customer.
B.Freezes for Individual Telecommunication ServicesA telecommunications carrier that offers freezes for more than one type of service (i.e. local exchange, intrastate toll, interstate toll, and international toll) must provide and obtain separate authorization for each type of freeze separately; telecommunications carriers may not bundle freezes for multiple services. Telecommunications carriers offering preferred carrier freezes must inform customers of this requirement when customers make inquiries regarding preferred carrier freezes.
C.Solicitation of Preferred Carrier FreezesAll carrier-provided solicitation and other materials regarding preferred carrier freezes must include:
1. An explanation, in clear and neutral language, of what a preferred carrier freeze is and what services may be subject to a freeze;2. A description of the specific procedures necessary to lift a preferred carrier freeze;3. An explanation that the customer will be unable to make a carrier change unless he or she lifts the freeze; and4. An explanation of any charges associated with the preferred carrier freeze.D.Imposition of a Preferred Carrier FreezeNo local exchange carrier shall implement a preferred carrier freeze unless the subscriber's request to impose a freeze has first been confirmed in accordance with one of the following procedures:
1.Written Authorization. The local exchange carrier has obtained the subscriber's written authorization in a form that meets the following requirements:a. The written authorization shall comply with section 3(B)(1) of this Chapter concerning the form and content of letters of agency.b. The written authorization must be printed with a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language that confirms: i. the subscriber's billing name and address and the telephone number(s) to be covered by the carrier freeze;ii. the decision to place a preferred carrier freeze on the telephone number(s) and particular service(s). The authorization must contain separate statements regarding the particular selections to be frozen (i.e. for local exchange, intrastate toll, interstate/interstate toll service, and international toll);iii. that the subscriber understands that he or she will be unable to make a change in carrier selection unless he or she lifts the preferred carrier freeze; andiv. that the subscriber understands that any preferred carrier freeze may involve a charge to the subscriber.2.Electronic Authorization. The local exchange carrier has obtained the subscriber's electronic authorization, placed from the telephone number(s) on which the preferred carrier freeze is to be imposed. The electronic authorization should confirm verification data (e.g. the subscriber's date of birth or social security number) and the information required in section 2(D)(1)(b). Telecommunications carriers electing to confirm preferred carrier freeze orders electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the number(s) will connect a subscriber to a voice response unit, or similar mechanism, that records the required information regarding the preferred carrier freeze request, including automatically recording the originating automatic numbering identification; or3.Third Party Verification. An independent third party has obtained the subscriber's oral authorization to submit the preferred carrier freeze and confirmed the verification data (e.g. the subscriber's date of birth or social security number) and the information required in section 2(D)(1)(b).The independent third party cannot be owned, managed, controlled, or directed by the carrier or the carrier's marketing agent; cannot have any financial incentive to confirm preferred carrier freezes for the carrier or the carrier's marketing agent; and must operate in a location physically separate from the carrier or the carrier's marketing agent.E.Verification of Customers' Request to Inactivate or Lift a Preferred Carrier FreezePrior to lifting a customer's preferred carrier freeze to effect a carrier change, the local exchange carrier must verify the customer's request to lift the freeze through one of the following methods:
1.Three Way Call. A three-way call with the new carrier and customer. When engaged in an oral authorization to lift a preferred carrier freeze, the carrier administering the freeze shall confirm appropriate verification data (e.g., the subscriber's date of birth, or social security number) and the subscriber's intent to lift the freeze. The carrier administering the freeze shall not market its own services during three-way calls;2.Customer Initiated Telephone Request. A telephonic request initiated by the customer. The carrier administering the freeze shall confirm appropriate verification data as described in section 2(E)(1); or3.Written Request. A written and signed request submitted by the subscriber.65- 407 C.M.R. ch. 296, § 2