Rule 38.5.3802 - LETTER OF AGENCY FORM AND CONTENT(1) A telecommunications carrier initiating a change in a subscriber's primary interexchange carrier or local exchange carrier shall obtain any necessary written or electronically signed authorization from a subscriber by using a letter of agency as specified in this rule. Any letter of agency that does not conform with this rule is invalid.(2) The letter of agency shall be a separate document (or an easily separable document) or located on a separate screen or webpage containing only the authorizing language described in (5), the sole purpose of which is to authorize a telecommunications carrier to initiate a primary interexchange carrier or local exchange carrier change. The letter of agency must be signed and dated by the subscriber to the telephone line(s) requesting the change in carrier.(3) The letter of agency shall not be combined on the same document screen or webpage with inducements of any kind.(4) Notwithstanding (2) and (3) of this rule, the letter of agency may be combined with checks that contain only the required letter of agency language prescribed in (5) of this rule and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain, in easily readable, bold-face type on the front of the check, a notice that the consumer is authorizing a primary interexchange carrier change or local exchange carrier change by signing the check. The letter of agency language also shall be placed near the signature line on the back of the check.(5) At a minimum, the letter of agency must be printed with a readable type of sufficient size to be clearly legible and must contain clear and unambiguous language that confirms:(a) the subscriber's billing name and address and each telephone number to be covered by the change order;(b) the decision to change the primary interexchange carrier or local exchange carrier from the current interexchange carrier or local carrier to the prospective carrier;(c) that the subscriber designates the carrier to act as the subscriber's agent for the primary interexchange carrier or local exchange carrier change;(d) that the subscriber understands that only one interexchange carrier may be designated as the subscriber's primary interLATA interexchange carrier and that only one local exchange carrier may be designated as the subscriber's local telecommunication provider for any one telephone number. To the extent that a jurisdiction allows the selection of additional primary interexchange carriers (e.g., for intraLATA, intrastate or international calling), the letter of agency must contain separate statements regarding those choices. Any carrier designated as a primary interexchange carrier or local exchange carrier must be the carrier directly setting the rates for the subscriber. One carrier can be a subscriber's interLATA primary interexchange carrier, a subscriber's intraLATA primary interexchange carrier, and a subscriber's local carrier; and(e) that the subscriber understands that any primary interexchange carrier selection or local exchange carrier selection the subscriber chooses may involve a charge to the subscriber for changing the subscriber's primary interexchange carrier or local exchange carrier.(6) Letters of agency shall not suggest or require that a subscriber take some action in order to retain the subscriber's current primary interexchange carrier or local exchange carrier.(7) If any portion of a letter of agency is translated into another language, then all portions of the letter of agency must be translated into that language(8) Letters of agency submitted with an electronically signed authorization must include the consumer disclosures required by Section 101(c) of the Electronic Signatures in Global and National Commerce Act (October 2000) which is adopted and incorporated by reference. A copy of this section may be obtained from the Commission, 1701 Prospect Avenue, P.O. Box 202601, Helena, Montana 59620-2601.(9) A carrier shall submit a carrier change order on behalf of a subscriber within no more than 60 days of obtaining a written or electronically signed letter of agency. However, letters of agency for multi-line and/or multi-location business customers that have entered into negotiated agreements with carriers to add presubscribed lines to their business locations during the course of a term agreement shall be valid for the period specified in the agreement.Mont. Admin. r. 38.5.3802
NEW, 1997 MAR p. 2088, Eff. 11/18/97; EMERG, AMD, 1999 MAR p. 1523, Eff. 7/2/99; AMD, 2003 MAR p. 2085, Eff. 9/26/03.69-3-822, 69-3-1301, 69-3-1302, 69-3-1303 and 69-3-1304, MCA; IMP, 69-3-102, 69-3-201 and 69-3-1304, MCA;