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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Implementation of the Subscriber Carrier ) Selection Changes Provisions of the ) CC Docket No. 94-129 Telecommunications Act of 1996 ) ) Conversent Communications, LLC ) Petition for Expedited Waiver ) ORDER Adopted: December 20, 1999 Released: December 21, 1999 By the Deputy Chief, Common Carrier Bureau: I. INTRODUCTION AND BACKGROUND 1 In its Carrier Change Orders, the Commission adopted rules applicable to carriers changing a consumer's preferred carrier. In this order, we grant Conversent Communications, LLC (Conversent) a limited waiver of the authorization and verification requirements of the Commission's rules and Carrier Change Orders to enable Conversent to change the preferred carrier of those consumers currently presubscribed to BLD, Inc. (BLD) to Conversent. 2 Section 258 of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, makes it unlawful for any telecommunications carrier to "submit or execute a change in a subscriber's selection of a provider of telephone exchange service or telephone toll service except in accordance with such procedures as the Commission shall prescribe." The goal of section 258 is to eliminate the practice of "slamming," which is the unauthorized change of a subscriber's preferred carrier. Pursuant to section 258, carriers are absolutely barred from changing a customer's preferred local or long distance carrier without first complying with the Commission's verification procedures. In the Section 258 Order, the Commission revised its procedures to ensure that carriers obtain the requisite authority prior to changing a customer's carrier. The Commission requires that carriers follow one of the Commission's prescribed verification procedures before submitting carrier changes on behalf of subscribers. 3 Conversent requests a waiver of our verification rules to allow them to transfer subscribers of BLD to Conversent's customer base without first obtaining each subscriber's authorization and verification. Because we conclude that, under the circumstances presented, it is in the public interest to do so, we grant Conversent's Petition for Waiver subject to the conditions represented in their filing. II. DISCUSSION 4 Waiver of the Commission's rules is appropriate only if special circumstances warrant a deviation from the general rule and such a deviation will serve the public interest. We find that Conversent has made a showing of good cause to grant a waiver of the requirements in the Commission's carrier change rules and orders for those consumers who have authorized BLD as their preferred carrier. Conversent has demonstrated that special circumstances exist that would warrant a waiver. Conversent and BLD have entered into a Purchase Agreement under which Conversent will purchase BLD's existing resale customer base. Under the terms of the agreement, Conversent will replace BLD as both the local and long distance carrier for the affected customers. 5 We also conclude that Conversent has shown that granting this request is in the public interest. Conversent argues that the Commission's verification rules would not be served by obtaining prior authorization and verification in order to switch the affected customers of BLD to Conversent. They explain that customers who do not understand the need to sign new forms and who, therefore, fail to respond to a request for authorization, could lose their service or pay potentially higher casual calling rates. Conversent plans to send two letters to the affected customers notifying them of the change. The first letter will inform customers that their telephone service provider will automatically switch from BLD to Conversent on December 15, 1999; that there will be no charge in connection with the transfer; that their rates will not increase; and that they are free to change carriers if they are not satisfied with Conversent. The affected customers will also be invited to visit Conversent's web site or dial a toll-free number for more information concerning the transaction. The second letter will welcome customers to Conversent, inform them that the transaction has occurred, and reiterate the information that was disclosed in the first letter. Finally, Conversent promises to investigate and resolve any customer complaints regarding local or long distance service that may have been filed against BLD. 6 Conversent seeks expedited treatment of its Waiver Petition because the transfer of customers from BLD to Conversent is scheduled to take place on or about December 15, 1999. We believe that a prompt grant of this waiver will help to ensure that all affected BLD customers are transferred to Conversent without any interruption in their long distance service. We conclude, therefore, that it is in the public interest that Conversent's request for expedited treatment be granted. III. CONCLUSION AND ORDERING CLAUSES 7 For the foregoing reasons, we grant Conversent's a waiver of the authorization and verification requirements of our rules for the limited purposes described above. The grant of this waiver is conditioned upon Conversent's provision of customer notification and handling of customer complaints as described above and further detailed in their Waiver Petition and Supplement to Petition. 8 Accordingly, pursuant to authority contained in sections 1, 4, and 258, of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154, 258, and the authority delegated under sections 0.111, 0.311, and 1.3 of the Commission's rules, 47 C.F.R.  0.111, 0.311, 1.3, the waiver request filed by Conversent Communications, LLC on November 15, 1999, IS GRANTED to the extent indicated herein. 9 IT IS FURTHER ORDERED that this Order is effective upon its release. FEDERAL COMMUNICATIONS COMMISSION Robert C. Atkinson Deputy Chief, Common Carrier Bureau