SECTION 165:56-11-1.2. Letter of agency form and content

(a)   A telecommunications carrier may use a letter of agency to obtain written authorization and/or verification of an end-user's request to change his or her preferred carrier selection. A letter of agency that does not conform with this Section is invalid for purposes of Part 1 of this Subchapter.

(b)   The letter of agency shall be a separate document (or an easily separable document) containing only the authorizing language described in (e) of this Section having the sole purpose of authorizing a telecommunications carrier to initiate a preferred carrier change. The letter of agency must be signed and dated by the end-user to the telephone line(s) requesting the preferred carrier change.

(c)   The letter of agency shall not be combined on the same document with inducements of any kind.

(d)   Notwithstanding (b) and (c) of this Section, the letter of agency may be combined with checks that contain only the required letter of agency language as prescribed in (e) of this Section and the necessary information to make the check a negotiable instrument. The letter of agency check shall 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 end-user is authorizing a preferred carrier change by signing the check. The letter of agency language shall be placed near the signature line on the back of the check.

(e)   At a minimum, the letter of agency must be printed with a type of sufficient size and readable type to be clearly legible and must contain clear and unambiguous language that confirms:

(1)   The end-user's billing name and address and each telephone number to be covered by the preferred carrier change order;

(2)   The decision to change the preferred carrier from the current telecommunications carrier to the soliciting telecommunications carrier;

(3)   That the end-user designates [insert the name of the submitting carrier] to act as the end-user's agent for the preferred carrier change;

(4)   That the end-user understands that only one telecommunications carrier may be designated as the end-user's interstate or interLATA preferred interexchange carrier for any one telephone number. To the extent the jurisdiction allows the selection of additional preferred carriers (e.g., intraLATA/intrastate toll, interLATA/interstate toll, or international interexchange) the letter of agency must contain separate statements regarding those choices, although a separate letter of agency for each choice is not necessary; and

(5)   That the end-user understands that any preferred carrier selection the end-user chooses may involve a charge to the end-user for changing the end-user's preferred carrier.

(f)   Any carrier designated in a letter of agency as a preferred carrier must be the carrier directly setting the rates for the end-user.

(g)   Letters of agency shall not suggest or require that an end-user take some action in order to retain the end-user's current telecommunications carrier.

(h)   If any portion of a letter of agency is translated into another language then all portions of the letter of agency must be translated into that language. Every letter of agency must be translated into the same language as any promotional materials, oral descriptions or instructions provided with the letter of agency.

[Source: Added at 18 Ok Reg 2437, eff 7-1-01]