A bill to amend the Communications Act of 1934 to protect consumers from the unauthorized switching of their long-distance service.
Telecommunications Competition and Consumer Protection Act of 1999 - Title I: Slamming - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to prescribe a Code of Subscriber Protection Practices governing changes in a subscriber's selection of a provider of telephone exchange or toll service.
States that a telecommunications carrier electing to be covered under the Code: (1) may not use negative option marketing; (2) shall verify a subscriber's selection under Code procedures; (3) may not use unfair or deceptive acts or practices when soliciting subscriber changes; (4) shall provide timely and accurate notification to the subscriber of any changes made; and (5) must follow procedures for recordkeeping, quality control, and audits. Requires carriers electing to comply with the Code to notify the FCC within 20 days after Code adoption.
Allows a carrier to elect to not comply with such Code, but to instead comply with provisions of this Act requiring such carriers to: (1) affirm that the subscriber is authorized to effect such election; (2) acknowledge the type of service to be changed; (3) affirm the subscriber's intent to select such provider; (4) acknowledge that such selection will result in a change of service provider; and (5) provide other information as considered appropriate by the FCC for the subscriber's protection. Outlines additional requirements, including a prohibition against negative option marketing and certain provider change verification procedures.
Requires a carrier, if a subscriber alleges a violation of such requirements, to: (1) immediately restore the previous provider; (2) credit the subscriber's account for any provider change charges; and (3) recover from the provider costs of executing the change to restore the previous provider. Provides similar obligations for carriers who do not use an executing carrier to conduct subscriber billing.
Directs the FCC to establish a procedure for rendering determinations with respect to subscribers or carriers for alleged violations under this Act. Provides civil remedies. Requires each complaint filed to be resolved within six months. Directs the FCC to require each executing carrier to maintain and report monthly to the FCC information regarding each alleged violation of which such carrier has been notified. Provides civil penalties for carrier violations.
Makes this Act inapplicable to a provider of commercial mobile service.
Requires the FCC, every six months, to compile and publish a report ranking carriers by the percentage of verified complaints, and to investigate the carrier practices of those listed among the five worst performers. Authorizes the FCC to impose civil penalties against carriers found to be in Code violation or willfully and repeatedly changing subscriber's selections. Requires the FCC, every two years, to review the Code to ensure adequate subscriber protection.
Allows a State, either through its attorney general or other authorized officials, to bring a civil action in the appropriate U.S. district court on behalf of its residents for violations of the Code or requirements of this Act. States that nothing in this Act shall preempt any State law that imposes more restrictive requirements or regulations.
Directs the FCC to prescribe rules to prevent the marketing or provision in an unfair or deceptive manner of an option protecting a subscriber's provider choice from being switched without the subscriber's express consent.
States that the initiation of original toll service to a subscriber shall be treated as a change in selection for purposes of protections afforded under this Act.
Prohibits a carrier from being found in violation of this Act solely on the basis of a violation by an unaffiliated reseller of such carrier's services or facilities.
Requires the National Telecommunications and Information Administration to report to specified congressional committees on the feasibility and desirability of establishing a neutral third-party administration system to prevent illegal changes in telephone carrier selections.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5601)
Read twice and referred to the Committee on Commerce.
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