[§269-16.92]  Changes in subscriber carrierselections; prior authorization required; penalties for unauthorized changes. (a)  No telecommunications carrier shall initiate a change in a subscriber'sselection 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-freenumber;

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

(4)  Any other prescribed authorization;

provided that the letter or authorization shall bein accordance with verification procedures that are prescribed by the FederalCommunications Commission or the public utilities commission.  For purposes ofthis section, "telecommunications carrier" does not include aprovider of commercial mobile radio service as defined by 47 United States Codesection 332(d)(1).

(b)  Upon a determination that anytelecommunications carrier has engaged in conduct that is prohibited insubsection (a), the public utilities commission shall order the carrier to takecorrective action as deemed necessary by the commission and may subject thetelecommunications carrier to administrative penalties pursuant to section269-28.  Any proceeds from administrative penalties collected under thissection shall be deposited into the public utilities commission special fund.

The commission, if consistent with the publicinterest, may suspend, restrict, or revoke the registration, charter, orcertificate of the telecommunications carrier, thereby denying, modifying, orlimiting the right of the telecommunications carrier to provide service in thisState.

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