4101-0101_DecMemo_dh2.doc

DECISION MEMORANDUM

TO: COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
JEAN JEWELL
RON LAW
LOUANN WESTERFIELD
TONYA CLARK
LYNN ANDERSON
JOE CUSICK
BEV BARKER
RANDY LOBB
GENE FADNESS
WORKING FILE
FROM:
DATE:
JULY 27, 2001 RE: THE COMMISSION’S ADOPTION OF THE FCC’S SLAMMING RULE, CASE NO. 31-4101-0101

In February 2001, the Commission determined that it should adopt and administer FCC’s new (at the time) slamming rules. To implement the slamming rules without delay, the Commission decided to issue a temporary rule and also proposed permanent rules. On July 4, 2001, the Notice of Temporary and Proposed Rulemaking was published in the Administrative Bulletin. The temporary Slamming Rules became effective on July 16, 2001. The Notice requested that interested persons submit written comments on the proposed Slamming Rules no later than July 25, 2001. The Commission received no comments.
THE PROPOSED RULE
The Commission proposed to amend its Telephone Customer Relations Rules by adoption of the FCC’s Slamming Rules. The proposed rules are attached.
Generally, a customer whose telecommunications provider has been changed without authorization has two remedies. First, if the customer has not already paid the charges to the unauthorized carrier, the customer is absolved of all liability for charges imposed for the first 30 days after the unauthorized change of service. Charges for calls for service beyond the 30-day limit, must be paid by the customer to the authorized carrier at the authorized carrier’s rates even though the service was provided by the slamming carrier. On the other hand, if the customer has already paid the charges, then the unauthorized carrier shall pay an amount equal to 150% of all charges paid by the customer. This amount shall be paid to the authorized carrier who will keep 100% of the unauthorized charges and then distribute the remaining 50% to the customer.
COMMISSION DECISION
Does the Commission wish to adopt its proposed rules as pending rules? Does the Commission have any changes or modifications to the pending rules?

vld/M:4101-0101_dh2