The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Agent" means any person, as defined at N.J.A.C. 14:3-1.1, including, but not limited to, employees, servants or marketers, acting on behalf of a TSP in order to bring about, modify, affect performance of, or terminate mutual obligations between a TSP and the customer.
"Authorized TSP" means a TSP that a customer has chosen as its provider of a telecommunications service, through an authorization that has been verified in accordance with this subchapter.
"Customer" means a person that meets any one or more of the following criteria:
1. The party identified in the account records of the TSP as responsible for payment of the telephone bill;
2. Any adult person (over the age of 18) authorized by such party to change telecommunications services or to charge services to the account; or
3. Any adult person contractually or otherwise lawfully authorized to represent such party.
"Executing TSP" means any TSP that receives a change order that complies with this subchapter and carries out a request that a customer's TSP be switched. Any TSP may be treated as an executing TSP, if it is responsible for any unreasonable delays in the execution of TSP switches, including fraudulent authorizations in violation of this subchapter.
"Primary TSP" means the customer's chosen TSP for a telecommunications service for which there are multiple providers. To the extent permitted by statute, rule or Board order, a customer may select a primary TSP for intrastate interLATA, intraLATA toll, and local exchange telecommunications services, and may select the same or different TSP for each type of service.
"Submitting TSP" means any TSP that:
1. Submits a change order on behalf of a retail or wholesale customer, in order to request a switch in the customer's primary TSP; and
2. Seeks to provide retail telecommunications services to the customer.
"Unauthorized switch" means a change in a customer's selection of a TSP, that was made without an authorization that was verified in accordance with this subchapter.
N.J. Admin. Code § 14:10-11.2
See: 34 N.J.R. 3200(a), 35 N.J.R. 4126(a).
Added "Authorized carrier" and amended "Customer".
Recodified from N.J.A.C. 14:10-11.1 and amended by R.2007 d.276, effective 9/17/2007.
See: 38 N.J.R. 3250(a), 39 N.J.R. 3953(a).
In the introductory paragraph, inserted ", unless the context clearly indicates otherwise"; in definition "Agent", substituted ", as defined at N.J.A.C. 14:3-1.1," for "or entity,"; deleted definitions "Authorized carrier", "Authorized TSP change", "Board", "Commission", "Division", "InterLATA telecommunications service", "Intrastate telecommunications service", "Local access and transport area", "Local exchange telecommunications service", "Slamming", "Soliciting telecommunications service provider", "Telecommunications", "Telecommunications service" and "Telecommunications service provider"; in the introductory paragraph of definition "Customer", inserted "a person that meets", "or more" and "criteria"; rewrote definitions "Executing TSP" and "Submitting TSP"; in definition "Primary TSP", substituted ", TSP for" for "provider of" and inserted a comma following "toll"; and substituted definition "Unauthorized switch" for "Unauthorized change" and rewrote the definition.
Former N.J.A.C. 14:10-11.2, Solicitation of customer's authorization for service termination and transfer, recodified to N.J.A.C. 14:10-11.3.