Resources > FAQs

Annual Customer Do-Not-Call Notification

Slamming and Unauthorized PIC (Preferred Interexchange Carrier) Changes

PIC (Preferred Interexchange Carrier) Freezes

LNP — Did You Know?

Annual Customer Do-Not-Call Notification

To address consumer concerns about unwelcome telemarketing calls, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) have established a national Do-Not-Call Registry. The registry applies to all telemarketers (with the exception of certain non-profit and political organizations) and covers both interstate and intrastate telemarketing calls. Commercial telemarketers are not allowed to call you if your number is listed on the registry.

You can register your phone number for free, and it will remain on the national Do-Not-Call Registry for five years. You may re-enter your number onto the list when the five years have passed, and you may remove your name from the list at any time. The Do-Not-Call Registry will not prevent all unwanted calls. It does not cover the following:

• calls from organizations with which you have established a business relationship;

• calls for which you have given prior written consent;

• calls which are not commercial or do not include unsolicited advertisements;

• calls by or on behalf of tax-exempt non-profit organizations.

Consumers may register their residential telephone number, including wireless numbers, on the national Do-Not-Call Registry at no cost by telephone or on the Internet. To register by telephone, consumers may call 1-888-382-1222. For TTY call 1-866-290-4236. You must call from the phone number you wish to register. You may also register by Internet at www.donotcall.gov. Inclusion of your telephone number on the national Do-Not-Call Registry will be effective three months following your registration.

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Slamming and Unauthorized PIC (Preferred Interexchange Carrier) Changes

Farmers Telecommunications Cooperative has prepared the following information, in the form of questions and answers, to help members understand the "Slamming Liability and Investigation" rules, issued by the Federal Communications Commission (FCC). After a brief summary, you’ll find what we hope is appropriate and timely information. If you still have questions, our FTC Customer Service Representatives and other staff will be glad to help you resolve your slamming issues or explain your rights if your preferred interexchange carrier (PIC) has been changed without your consent.

Summary

The FCC has put in place tough slamming liability and investigation rules, shifting responsibility for investigation and resolution of customers’ complaints from the long-distance companies to either state commissions or, if the state commission declines to assume responsibility, the FCC. All carriers, local and long-distance, must comply with the new preferred carrier change rules, which apply to changes of both local (where there is local competition) and long-distance carriers.

The FCC gives each state the option of administering the preferred carrier change rules itself. Because either a state agency or the FCC can be responsible for administration, the rules refer to the agency responsible for administration as the "relevant governmental agency" (RGA). The state of Alabama has decided to administer the rules itself, and the Alabama RGA is:

Alabama Public Service Commission
Consumer Services
P.O. Box 304260
Montgomery, AL 36130

Phone: 800-392-8050
Fax: 334-242-0727

(There is no fee required to report a slamming violation; PSC staff will request a copy of the bill page that includes the unauthorized charge.)

The FCC rules govern interstate preferred carrier changes. However, states can choose to apply the FCC rules to intrastate PIC changes as well. States can also apply their own rules to intrastate preferred carrier changes. For most states, companies will need to review both the intrastate and interstate slamming rules and make determinations of how to comply with respect to any areas with different rules.

Q & A

Slamming and Unauthorized PIC (Preferred Interexchange Carrier) Changes

17. I have been billed for long-distance charges from a company that I did not choose as my preferred carrier. How do I get these charges removed from my bill?

1. Customers who believe they have been slammed; i.e., that there has been an unauthorized change in their PIC selection, should immediately inform Farmers Telecommunications Cooperative, their local service provider. Once we receive notification of an unauthorized PIC change, we will do the following:

• Inform the customer that there is a 30-day absolution period and that he or she should not pay their bill.
• Refer the customer to the Alabama RGA, the PSC.
• Immediately notify the customer’s authorized carrier; i.e., the previous preferred carrier prior to the alleged slamming, and identify the unauthorized carrier.
• Immediately notify the unauthorized carrier; i.e., the current PIC as a result of the switch, and identify the authorized PIC carrier.

17. What will the Alabama RGA do when an unauthorized PIC change is reported?

1. The FCC’s rules require that:

• Any carrier informed by a customer of an unauthorized preferred carrier change must direct the customer to the relevant governmental agency (RGA).
• Upon receiving a complaint, the RGA will notify the alleged unauthorized carrier and order that the carrier remove from the customer’s bill all unpaid charges for the first 30 days after the slam, pending determination of whether an unauthorized change has occurred.
• Within 30 days of notification from the RGA, the alleged unauthorized carrier must provide to the RGA a copy of any valid proof of verification of the customer’s preferred carrier change.
• The proof of verification must comply with the FCC’s authorization and verification rules.
• Failure by the carrier to respond or provide proof of verification will be presumed to be clear and convincing evidence of an unauthorized change.
• If the RGA determines that an unauthorized change has occurred, it will issue an order to the unauthorized carrier directing compliance with the 30-day absolution rule and/or the reimbursement rules.

17. What is the 30-day absolution period?

1. The 30-day absolution period refers to the first 30 days after an unauthorized PIC change has been made. The customer is not responsible for any charges during that period, as long as the customer has not remitted payment for such charges. If the customer has already paid the charges, the reimbursement rules apply (see next question). Any local telephone company, unauthorized long-distance carrier, or authorized long-distance carrier receiving a report from a customer of an unauthorized change must inform the customer of the 30-day absolution period.

   The alleged unauthorized carrier can challenge the validity of an unauthorized change, provided it has directed the customer to file a complaint with the RGA responsible for the investigation. The alleged unauthorized carrier must remove unpaid charges from customers’ bills, whether or not they are challenging the allegation. Should the RGA investigation indicate that the preferred carrier change was authorized, the charges will be reinstated.

17. What if I paid the unauthorized carrier in error, can I get reimbursed for charges incurred during the first 30 days?

1. If the Alabama RGA determines that an unauthorized change has occurred and the customer has already remitted payment to an unauthorized carrier, including charges applicable to the first 30 days, the customer will be entitled to a refund equal to 50% of the charges paid to the unauthorized carrier. The authorized carrier will be responsible for remitting the 50% refund to the customer within ten days of receiving payment from the unauthorized carrier. The customer has the option of asking the authorized carrier to re-rate the unauthorized carrier’s charges at the authorized carrier’s rate, after which the authorized carrier will seek an additional refund from the unauthorized carrier if the re-rated amount produces a total credit to the customer in excess of 50% of all charges paid to the unauthorized carrier. The authorized carrier does not have to make any refunds to the customer if it fails to receive the funds from the unauthorized carrier.

17. What about unpaid charges incurred after the 30-day absolution period?

1. If the customer has long-distance charges from an unauthorized carrier for calls after the 30-day absolution period and for which the customer has not remitted payment to the unauthorized carrier, the allegedly unauthorized carrier will remove such charges from the customer’s bill and forward the billing detail to the authorized carrier. The authorized carrier has the right to bill the customer for unpaid calls carried by the unauthorized carrier after the 30-day absolution period. The authorized carrier may either bill such calls at the authorized carrier’s rates or at a proxy rate equal to 50% of the unauthorized carrier’s rate. However, if the authorized carrier bills the calls at a proxy rate, the customer has the right to reject that method and require rating at the authorized carrier’s rates.

17. What must the alleged unauthorized carrier do after it receives notification of a customer’s slamming complaint?

1. Under the rules, the alleged unauthorized carrier must do the following:

• Inform the customer of the 30-day absolution period.

• Refer the customer to the Alabama RGA, since Alabama has opted to administer the slamming rules itself.

• Remove unpaid charges from the customer’s bill.

• Refer the complaint for resolution by the RGA.

• If available, provide proof of verification to the RGA within 30 days after notification of the complaint, or sooner if required by state rule.

• Depending on the resolution of the complaint by the RGA, comply with all relevant liability rules, absolution procedures, and reimbursement procedures.

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PIC (Preferred Interexchange Carrier) Freezes

Farmers Telecommunications Cooperative offers customers protection from slamming and unauthorized changes in their preferred interexchange carrier (PIC), and that is by using a PIC Freeze. By notifying us that you would like to "freeze" your long-distance company or companies (if you have selected one company as your interLATA [out-of-region] PIC and another for your intraLATA [in-region] PIC), you can avoid being slammed or suffering unauthorized or illegal switches to your account.

If you have requested Farmers to place a PIC freeze on your long-distance service, your preferred carrier will not be changed without your direct authorization, either written or verbal. There is no charge for this service, and all you need do is sign a PIC Freeze form. If you’d like to take advantage of this protection, just call one of the FTC business offices, and a Customer Representative will help you.

Q & A

Ordering a PIC Freeze

17. How are freeze orders accepted?

1. The FCC requires that customers be able to impose or lift PIC freezes by contacting their local telephone company. Local companies, such as FTC, may not accept freeze orders from carriers on behalf of customers. The rules allow customers to make a PIC change and a PIC freeze at the same time. But, in such a case, Farmers must verify both the customer’s carrier change and freeze requests.

17. Are separate authorizations required for multiple services?

1. Yes. The FCC requires separate authorization of each service for which a customer requests a PIC freeze. Customers have the option of using one of the authorization and verification methods specified in the FCC’s rules; e.g., a written Letter of Authorization, third-party verification, in addition to the Internet LOA.

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LNP — Did You Know?

The new federally mandated wireless number portability rules are currently effective only for companies in the 100 largest U.S. metropolitan areas. Farmer Telephone Cooperative is not in one of the top 100 metropolitan areas. For cooperative like ours, number portability is scheduled to become available later this spring, on May 24, 2004, PROVIDED a wireless carrier decides to make such a request here in our area. In order for customers to "port their number," the wireless carrier to which you wish to take your wireline telephone number must send us a request to negotiate an agreement that will allow us to port our numbers. Until such time that Farmers receives such a request and works through the expected six-month process, we will not be able to port numbers.

As a community based telecom provider with deep ties in DeKalb and Jackson counties, FTC wants all of our members to know exactly what it means to port your telephone number, and to give you an idea of some of the differences in the service between traditional wireline phones and what you can expect from a wireless carrier.

• If you decide to port your wireline (traditional) phone number to a wireless carrier, you will be disconnecting your wireline phone and terminating your traditional local phone service.
• You will no longer enjoy unlimited local calling; you will need to be aware of how many minutes are included in your wireless plan, and keep in mind that all calls — both those you make and those you receive — will count against your total minutes; you will be responsible to pay for any overages.
• You will have to arrange with your wireless provider for a directory listing and directory assistance services.
• You will no longer have access to all the other telecom services, or such services as alarm monitoring and video pay-per-view, connected or confirmed through your wireline phone.
• You will no longer be able to access the Internet using a local, unlimited dial-up connection; i.e., you will have to use your wireless phone for Internet service; in certain instances, you may be able to connect your wireless phone to your PC to access the Internet, but you are likely to need additional hardware and/or software to enable your wireless phone to communicate with your PC; in any case, you need to keep in mind that your time spent on the Internet will count against the minutes in your wireless plan.
• You will be unable to reach someone at home who does not have their cell phone turned on or with them.
• In an emergency, E-911 service can trace your traditional home phone, but in most cases, not your cell phone.
• You must keep your phone charged at all times in order to use it. If the power goes out and your phone is not charged, or the battery wears down, you will have to wait for power to be restored before you can charge your phone.
• Should you decide to re-connect your wireline phone service in the future, you will be responsible for applicable set-up fees and charges to connect your home phone.
• In general, a phone number can only be assigned to a single wireless phone. With a traditional wireline phone, you can have many phones (or extensions) in your house that hook up to the same number. Typically, wireless phones can’t share numbers.
• If your home is in an area that does not enjoy clear wireless reception, your calls might be patchy, unclear, or have a tendency to drop. Be aware of your surroundings and the type of reception that your wireless phone gets at home, as this is the type of service quality you’ll have for all your calls.

If you have any questions about number portability, or the benefits of your local service from FTC, e-mail us at comments@farmerstel.com, stop by one of our business offices, or call us at 256-638-2144.