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FCC RIN: 3060-AG46 Publication ID: Fall 2008 
Title: Implementation of the Subscriber Selection Changes Provision of the Telecommunications Act of 1996 (CC Docket No. 94-129) 
Abstract: In December 1998, the Commission established new rules and policies implementing section 258 of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, which makes it unlawful for any telecommunications carrier to "submit or execute a change in a subscriber's selection of a provider of telecommunications exchange service or telephone toll service except in accordance with such verification procedures as the Commission shall prescribe." The rules provide, among other things, that any telecommunications carrier that violates such verification procedures and that collects charges for telephone exchange service or telephone toll service from a subscriber shall be liable to the carrier previously selected by the subscriber in an amount equal to 150 percent of all charges paid by the subscriber after such violation. In April 2000, the Commission modified the slamming liability rules by giving victims of slamming adequate redress, ensuring that carriers that slam do not profit from their fraud, and allowing States to act as the primary administrator of slamming complaints. In May 2001, the Commission adopted streamlined procedures for the carrier-to-carrier sale or transfer of customer bases. In February, 2003, the Commission adopted a Reconsideration Order and Second FNPRM. The Reconsideration Order addresses, amongst other things, the requirement that a carrier's sales agent drop-off a carrier change request phone call once the customer has been connected to an independent third party verifier, and the applicability of our slamming rules to local exchange carriers. In the Second FNPRM, the Commission sought comment on rule modifications with respect to third party verifications. On January 4, 2008, the Commission released an Order that confirmed that a LEC that is executing a carrier change on behalf of another carrier may not re-verify whether the person listed on the change order is actually authorized to do so. On January 9, 2008, the Commission released a Fourth Report and Order that modified the slamming rules regarding the content of independent third party verifications of a consumer's intent to switch carriers. 
Agency: Federal Communications Commission(FCC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 47 CFR 64.1100 to 64.1170    47 CFR 64.1190    47 CFR 64.1195   
Legal Authority: 47 USC 154    47 USC 201    47 USC 258   
Legal Deadline:  None
Timetable:
Action Date FR Cite
MO&O on Recon and FNPRM  08/14/1997  62 FR 43493   
FNPRM Comment Period End  09/30/1997    
Second R&O and Second FNPRM  02/16/1999  64 FR 7745   
First Order on Recon  04/13/2000  65 FR 47678   
Third R&O and Second Order on Recon  11/08/2000  65 FR 66934   
Third FNPRM  01/29/2001  66 FR 8093   
Order  03/01/2001  66 FR 12877   
First R&O and Fourth R&O  06/06/2001  66 FR 30334   
Second FNPRM  03/17/2003  68 FR 19176   
Third Order on Recon  03/17/2003  68 FR 19152   
Second FNPRM Comment Period End  06/17/2003    
Fourth Order on Recon & First Order on Recon  07/17/2004    
Fifth Order on Recon (Release Date)  11/24/2004    
Order  02/04/2008  73 FR 6444   
Fourth R&O  03/12/2008  73 FR 13144   
Next Action Undetermined  To Be Determined    
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Nancy Stevenson
Deputy Chief, Consumer Policy Div.
Federal Communications Commission
Consumer and Governmental Affairs Bureau, 445 12th Street SW.,
Washington, DC 20554
Phone:202 418-7039
Fax:202 418-0236
Email: nancy.stevenson@fcc.gov