SECTION 165:56-11-1.1. Verification of orders for telecommunications service

(a)   No telecommunications carrier shall submit or execute a change on the behalf of an end-user in the end-user's selection of a provider of telecommunications service except in accordance with the procedures prescribed in Part 1 of this Subchapter.

(1)   Requirement for submission of changes of provider. No submitting carrier shall submit a change on the behalf of an end-user in the end-user's selection of a provider of telecommunications service prior to obtaining:

(A)   Authorization from the end-user, and

(B)   Verification of that authorization in accordance with the procedures prescribed in this Section. The submitting carrier shall maintain and preserve records of verification of end-user authorization for a minimum period of two years after obtaining such verification.

(2)   Executing carriers shall not verify changes of provider. An executing carrier shall not verify the submission of a change in an end-user's selection of a provider of telecommunications service received from a submitting carrier. For an executing carrier, compliance with the procedures described in Part 1 of this Chapter shall be defined as prompt execution, without any unreasonable delay, of changes that have been verified by a submitting carrier.

(3)   Exclusion of commercial mobile radio services providers. Commercial mobile radio services (CMRS) providers shall be excluded from the verification requirements of this Section as long as they are not required to provide equal access to common carriers for the provision of telephone toll services, in accordance with 47 U.S.C. § 332(c)(8).

(b)   Requirement for separate verification for each type of service. Where a telecommunications carrier is selling more than one type of telecommunications service (e.g., intraLATA/intrastate toll, interLATA/interstate toll, and international toll) that carrier must obtain separate authorization from the end-user for each service sold, although the authorizations may be made within the same solicitation. Each authorization must be verified separately from any other authorizations obtained in the same solicitation. Each authorization must be verified in accordance with the verification procedures prescribed in Part 1 of this Subchapter.

(c)   Requirement for confirmation of change order. No telecommunications carrier shall submit a preferred carrier change order unless and until the order has been confirmed in accordance with one of the following procedures:

(1)   Written authorization. The telecommunications carrier has obtained the end-user's written authorization in a form that meets the requirements of 165:56-11-1.2; or

(2)   Electronic authorization. The telecommunications carrier has obtained the end-user's electronic authorization to submit the preferred carrier change order. Such authorization must be placed from the telephone number(s) on which the preferred carrier is to be changed and must confirm the information in (c)1 of this Section. Telecommunications carriers electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the number(s) will connect an end-user to a voice response unit, or similar mechanism, that records the required information regarding the preferred carrier change, including automatically recording the originating automatic number identification; or

(3)   Third-party authorization. An appropriately qualified independent third party has obtained the end-user's oral authorization to submit the preferred carrier change order that confirms and includes appropriate verification data (e.g. the end-user's date of birth or social security number). The independent third party must not be owned, managed, controlled, or directed by the carrier or the carrier's marketing agent; must not have any financial incentive to confirm preferred carrier change orders 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. The content of the verification must include clear and conspicuous confirmation that the end-user has authorized a preferred carrier change.

(d)   Submission of carrier changes to executing carriers.

(1)   Preferred carrier change orders submitted by resellers to an executing carrier other than through an electronic change order processing system must contain the customer name, telephone number to be changed, and a contact name and number for the submitting carrier. Failure of the submitting carrier to include the above information will relieve the executing carrier from complying with OAC 165:56-11-1.4(a).

(2)   Preferred carrier change orders submitted by resellers to executing carriers through an electronic change order processing system must be submitted in the industry recognized standards established by the Alliance for Telecommunications Industry Solution (ATIS) Ordering and Billing Forum (OBF).

[Source: Added at 18 Ok Reg 2437, eff 7-1-01; Amended at 19 Ok Reg 2000, eff 7-1-02]