[§269-16.92]  Changes in subscriber carrier
selections; prior authorization required; penalties for unauthorized changes. 
(a)  No telecommunications carrier shall initiate a change in a subscriber's
selection or designation of a long-distance carrier without first receiving:



(1)  A letter of agency or letter of authorization;



(2)  An electronic authorization by use of a toll-free
number;



(3)  An oral authorization verified by an independent
third party; or



(4)  Any other prescribed authorization;



provided that the letter or authorization shall be
in accordance with verification procedures that are prescribed by the Federal
Communications Commission or the public utilities commission.  For purposes of
this section, "telecommunications carrier" does not include a
provider of commercial mobile radio service as defined by 47 United States Code
section 332(d)(1).



(b)  Upon a determination that any
telecommunications carrier has engaged in conduct that is prohibited in
subsection (a), the public utilities commission shall order the carrier to take
corrective action as deemed necessary by the commission and may subject the
telecommunications carrier to administrative penalties pursuant to section
269-28.  Any proceeds from administrative penalties collected under this
section shall be deposited into the public utilities commission special fund.



The commission, if consistent with the public
interest, may suspend, restrict, or revoke the registration, charter, or
certificate of the telecommunications carrier, thereby denying, modifying, or
limiting the right of the telecommunications carrier to provide service in this
State.



(c)  The commission shall adopt rules, pursuant
to chapter 91, necessary for the purposes of this section.  The commission may
notify customers of their rights under these rules. [L 1998, c 225, §1]