CHAPTER 20:10:34
PROHIBITION AGAINST UNAUTHORIZED CHANGING OF TELECOMMUNICATIONS COMPANY AND CHARGING FOR UNAUTHORIZED SERVICES
Section
20:10:34:01 and 20:10:34:02 Repealed.
20:10:34:02.01 Authorization methods.
20:10:34:02.02 Exception for acquisition of subscriber base -- Notification requirements.
20:10:34:03 Letter of agency form and content.
20:10:34:04 Exception for checks.
20:10:34:04.01 Electronic authorization.
20:10:34:05 Complaints of unauthorized changing of a telecommunications company.
20:10:34:06 False, misleading, or deceptive statements prohibited.
20:10:34:07 Refund or credit of charges billed by unauthorized telecommunications company -- Payment for unauthorized change -- Opportunity for hearing.
20:10:34:08 Subscriber telecommunications bills -- Charges for change of telecommunications company.
20:10:34:09 Billing requirements.
20:10:34:10 Notification of increase in rates.
20:10:34:10.01 Complaints of unauthorized billing of products or services.
20:10:34:11 Refund or credit of unauthorized charges -- Payment for unauthorized charge -- Opportunity for hearing.
20:10:34:01. Definitions.Repealed.
Source: 25 SDR 89, effective December 27, 1998; repealed, 25 SDR 167, effective July 1, 1999.
20:10:34:02. Requirements for independent third-party verification.Repealed.
Source: 25 SDR 89, effective December 27, 1998; repealed, 25 SDR 167, effective July 1, 1999.
20:10:34:02.01. Authorization methods. No telecommunications company may change a designated telecommunications company for interexchange or local exchange telecommunications services unless the change has been confirmed by written authorization in accordance with § 20:10:34:03, by the use of an independent third-party verification company in accordance with SDCL 49-31-90, or by electronic authorization in accordance with § 20:10:34:04.01.
Source: 25 SDR 167, effective July 1, 1999.
General Authority:SDCL 49-31-89.
20:10:34:02.02. Exception for acquisition of subscriber base --
Notification requirements. A telecommunications carrier may acquire,
through a sale or transfer, either part or all of another telecommunications
carrier's subscriber base without obtaining each subscriber's authorization and
verification if the acquiring carrier complies with the following:
(1) No later than 30 days before the planned
transfer of the affected subscribers from the selling or transferring carrier
to the acquiring carrier, the acquiring carrier shall file with the commission
a letter notification providing the name of each party to the transaction, the
types of telecommunications services to be provided to the affected
subscribers, and the date of the transfer of the subscriber base to the
acquiring carrier. In the letter notification, the acquiring carrier also shall
certify compliance with the requirement to provide advance subscriber notice in
accordance with subdivision (3) of this section and attach a copy of the notice
sent to the affected subscribers;
(2) If, subsequent to the filing of the letter
notification with the commission, any material change to the required
information develops, the acquiring carrier shall file written notification of
any change with the commission no more than 10 days after the transfer date
announced in the letter notification. The commission reserves the right to
require the acquiring carrier to send an additional notice to the affected
subscribers regarding such material changes; and
(3) Not later than 30 days before the transfer
of the affected subscribers from the selling or transferring carrier to the
acquiring carrier, the acquiring carrier shall provide written notice to each
affected subscriber of the information specified. The following information
must be included in the advance subscriber notice:
(a) The date on which the acquiring carrier
will become the subscriber's new provider of telecommunications service;
(b) The rates, terms, and conditions of the
services to be provided by the acquiring carrier upon the subscriber's transfer
to the acquiring carrier, and the means by which the acquiring carrier will
notify the subscriber of any changes to these rates, terms, and conditions;
(c) The acquiring carrier will be responsible
for any carrier change charges associated with the transfer, except where the
carrier is acquiring customers by default, other than through bankruptcy, and
state law requires the exiting carrier to pay these costs;
(d) The subscriber's right to select a
different preferred carrier for the telecommunications services at issue, if an
alternative carrier is available;
(e) Each subscriber receiving the notice,
including a subscriber who has arranged preferred carrier freezes through a
local service provider on the services involved in the transfer, will be
transferred to the acquiring carrier, unless the subscriber has selected a
different carrier before the transfer date. The acquiring carrier shall notify
the subscriber that the subscriber's existing preferred carrier freezes on the
services involved in the transfer will be lifted and the subscriber must
contact the subscriber's local service provider to arrange a new freeze;
(f) Whether the acquiring carrier will be
responsible for handling any complaints filed, or otherwise raised, prior to or
during the transfer against the selling or transferring carrier; and
(g) The toll-free customer service
telephone number of the acquiring carrier.
Source: 34 SDR
67, effective September 11, 2007.
General Authority:
SDCL 49-31-89.
Law Implemented:
SDCL 49-31-89, 49-31-90, 49-31-91.
20:10:34:03. Letter of agency form and content. A letter of agency obtained from a subscriber for a change of the subscriber's telecommunications company shall be a written document. The sole purpose of the letter of agency is to authorize the change of a telecommunications company. It must be signed and dated by the subscriber of the telephone line requesting the change. It may not be combined with inducements of any kind on the same document. At a minimum, the letter of agency must be printed with a type of sufficient size to be clearly legible and must contain clear and unambiguous language that confirms:
(1) The subscriber's billing name and address and each telephone number to be covered by the change order;
(2) The decision to change the telecommunications company from the current telecommunications company to the prospective telecommunications company;
(3) That the subscriber designates the prospective telecommunications company to act as the subscriber's agent for the telecommunications company change;
(4) That the subscriber understands that only one interexchange telecommunications company may be designated as the subscriber's interLATA primary interexchange telecommunications company, only one company may be designated as the subscriber's intraLATA primary interexchange company, and only one company may be designated as the subscriber's local exchange company;
(5) The telecommunications company designated as the subscriber's interexchange or local exchange company must be the company directly setting the rates for the subscriber;
(6) That the subscriber understands that any change in a subscriber's interexchange or local exchange service company may involve charges to the subscriber. The approximate amount of each charge shall be specified in the letter of agency;
(7) Letters of agency may not suggest or require that a subscriber take some action in order to retain the subscriber's current telecommunications company;
(8) If any portion of a letter of agency is translated into another language then each portion of the letter of agency must be translated into that language. Each letter of agency must be translated into the same language as any promotional materials, oral descriptions, or instructions provided with the letter of agency; and
(9) A toll-free number of the prospective telecommunications company.
Source: 25 SDR 89, effective December 27, 1998; 25 SDR 167, effective July 1, 1999.
General Authority:SDCL 49-31-89.
Law Implemented:SDCL 49-31-89.
20:10:34:04. Exception for checks. Notwithstanding § 20:10:34:03, the letter of agency may be combined with checks that contain only the required letter of agency language prescribed in § 20:10:34:03 and the necessary information to make the check a negotiable instrument. The letter of agency check may not contain any promotional language or material. The letter of agency check shall contain, in easily readable, bold-face type on the front of the check, a notice that the subscriber is authorizing a change in its telecommunications company by signing the check. The letter of agency language shall be placed near the signature line on the back of the check.
Source: 25 SDR 89, effective December 27, 1998; 25 SDR 167, effective July 1, 1999.
General Authority: SDCL 49-31-89.
Law Implemented:SDCL 49-31-89.
20:10:34:04.01. Electronic authorization. Each telecommunications company electing to confirm changes electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Electronic authorization to change a designated telecommunications company for interexchange or local exchange telecommunications services shall be placed from the telephone number that the subscriber is requesting the company serve and shall confirm the information required in § 20:10:34:03. Any call to the toll-free number shall connect a subscriber to a voice response unit, or similar mechanism that records the required information regarding the change of a designated telecommunications company, and shall automatically record the originating automatic numbering identification.
Source: 25 SDR 167, effective July 1, 1999.
General Authority:SDCL 49-31-89.
Law Implemented:SDCL 49-31-89.
20:10:34:05. Complaints of unauthorized changing of a telecommunications company. Upon receipt of an oral or written complaint alleging an unauthorized change of a subscriber's telecommunications company from the subscriber, the subscriber's original pre-subscribed telecommunications company, the subscriber's local exchange service company, or from the commission or its staff on behalf of a subscriber or applicant, the telecommunications company that initiated the change shall provide documentation, within 30 days and without cost, showing that the change was authorized. The documentation shall be provided to the person alleging the unauthorized change. The company that initiates the change is the company that requests on behalf of a subscriber that the subscriber's telephone company be changed and seeks to provide retail services to the subscriber. If a telecommunications company fails to provide the documentation, the change of the telecommunications company is considered invalid.
The telecommunications company shall also notify the subscriber that if the subscriber is not satisfied with the documentation provided by the company, the subscriber may contact the commission. The telecommunications company shall provide the subscriber with the commission's toll free number.
Source: 25 SDR 89, effective December 27, 1998; 25 SDR 167, effective July 1, 1999.
General Authority:SDCL 49-31-89.
Law Implemented:SDCL 49-31-89, 49-31-90, 49-31-92, 49-31-93.
20:10:34:06. False, misleading, or deceptive statements prohibited. When obtaining or verifying a subscriber's oral order for a change of a designated telecommunications company for interexchange or local exchange telecommunications services, the telecommunications company or the third-party verification company may not make any statements that are false, misleading, or deceptive or fail to state material information with respect to the provisioning of the service.
Source: 25 SDR 89, effective December 27, 1998; 25 SDR 167, effective July 1, 1999.
General Authority:SDCL 49-31-89.
Law Implemented:SDCL 49-31-89.
20:10:34:07. Refund or credit of charges billed by unauthorized telecommunications company -- Payment for unauthorized change -- Opportunity for hearing. A telecommunications company which initiates a telecommunications company change without authorization from the subscriber shall issue to the subscriber a full credit or refund of the entire amount of the subscriber's telephone charges which are attributable to telecommunications services from the unauthorized telecommunications company. A telecommunications company which initiates a telecommunications company change without authorization from the subscriber is liable for any charges from another telecommunications company to re-establish service or to change the subscriber's pre-subscribed company. The appropriate credit or refund must be issued within a period not to exceed 60 days from the date it is determined that the change was unauthorized.
In addition, the telecommunications company which initiates a telecommunications company change without proper authorization shall pay the subscriber the amount required by SDCL 49-31-93 regardless of whether the subscriber has contacted the commission. Failure of the telecommunications company to pay the subscriber for an unauthorized change may result in a civil fine as authorized by SDCL 49-31-94. If there is a dispute as to whether the change was properly authorized, the subscriber or telecommunications company may request a hearing before the commission pursuant to SDCL chapter 1-26.
Source: 25 SDR 89, effective December 27, 1998; 25 SDR 167, effective July 1, 1999.
General Authority:SDCL 49-31-89.
20:10:34:08. Subscriber telecommunications bills -- Charges for change of telecommunications company. A bill to a subscriber reflecting any charge for changing the subscriber's telecommunications company shall prominently display the name of the new telecommunications company and all charges to the subscriber for changing to the new telecommunications company.
Source: 25 SDR 89, effective December 27, 1998; 25 SDR 167, effective July 1, 1999.
General Authority:SDCL 49-31-89.
Law Implemented:SDCL 49-31-89.
20:10:34:09. Billing requirements. A subscriber's bill shall contain a clear, concise description of services being billed. The bill shall contain the name of the telecommunications company requesting billing, and a toll-free telephone number where the subscriber may call with billing questions.
Source: 25 SDR 89, effective December 27, 1998; 25 SDR 167, effective July 1, 1999.
20:10:34:10. Notification of increase in rates. Prior to
changing any rate, term, or condition of service, a telecommunications company
shall notify the subscriber of the change, at least 30 days in advance, if it
is a materially adverse change. A materially adverse change is a change which
increases a rate or which modifies a term or condition of service making it
more burdensome on the customer as determined from the perspective of a
reasonable person in the average customer's position. Written notification of a
materially adverse change shall be provided individually to each customer who
receives a bill issued by the company.
Source: 25 SDR
89, effective December 27, 1998; 25 SDR 167, effective July 1, 1999; 34 SDR 67,
effective September 11, 2007.
General Authority:
SDCL 49-31-77, 49-31-85, 49-31-89.
Law Implemented:
SDCL 49-31-3, 49-31-12.8, 49-31-77, 49-31-85, 49-31-89.
20:10:34:10.01. Complaints of unauthorized billing of products or services. Upon receipt of an oral or written complaint alleging the billing of an unauthorized product or service from a subscriber, the subscriber's local exchange service company, or from the commission or its staff on behalf of a subscriber or applicant, the telecommunications company that initiated the billing shall provide documentation, within 30 days and without cost, that the billing was authorized. The documentation shall be provided to the person alleging the unauthorized billing. The company that initiates the billing is the company that requests billing for a product or service on behalf of a subscriber and seeks to provide the product or service to the subscriber. If a telecommunications company fails to provide the documentation, the charge is considered invalid.
The telecommunications company shall also notify the subscriber that if the subscriber is not satisfied with the documentation provided by the company, the subscriber may contact the commission. The telecommunications company shall provide the subscriber with the commission's toll free number.
Source: 25 SDR 167, effective July 1, 1999.
General Authority:SDCL 49-31-89.
20:10:34:11. Refund or credit of unauthorized charges -- Payment for unauthorized charge -- Opportunity for hearing. A telecommunications company which initiates billing for a product or service without authorization from the subscriber shall issue to the subscriber a full credit or refund of the entire amount of the unauthorized charges. The credit or refund must be issued within a period not to exceed 60 days from the date it is determined that the charge was unauthorized.
In addition, the telecommunications company shall pay the subscriber the amount required by SDCL 49-31-93 regardless of whether the subscriber has contacted the commission. Failure of the telecommunications company to pay the subscriber for an unauthorized charge may result in a civil fine as authorized by SDCL 49-31-94. If there is a dispute as to whether the charge was authorized, the subscriber or telecommunications company may request a hearing before the commission pursuant to SDCL chapter 1-26.
Source: 25 SDR 89, effective December 27, 1998; 25 SDR 167, effective July 1, 1999.
General Authority:SDCL 49-31-89.
