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Before the
               Federal Communications Commission
                     Washington, D.C. 20554



In the Matter of

Qwest Communications, Inc.

Complaint Regarding 
Unauthorized Change of
Subscriber's Telecommunications Carrier
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IC No. 01-S47439



     
                             ORDER
     
Adopted: July 12, 2001                       Released: July 13, 2001

By the Chief, Consumer Information Network Division, Consumer Information Bureau:

          1.   In this Order, we consider the complaint filed by Offices Unlimited
          International of Rockaway (Complainant), alleging that Qwest Communications,
          Inc. (Qwest) changed Complainant's long distance service without obtaining
          authorization and verification from Complainant in violation of the Commission's
          rules.  We conclude that Qwest has responded fully to the Complainant's
          complaint and has taken appropriate action to resolve the complaint.
     
          2.   In December 1998, the Commission released the Section 258
          Order in which it adopted rules to implement section 258 of the Communications
          Act of 1934 (Act), as amended by the Telecommunications Act of 1996 (1996
          Act).  Section 258 prohibits the practice of "slamming," the submission or
          execution of an unauthorized change in a subscriber's selection of a provider of
          telephone exchange service or telephone toll service.  In the Section 258 Order,
          the Commission adopted aggressive new rules designed to take the profit out of
          slamming, broadened the scope of the slamming rules to encompass all carriers,
          and modified its existing requirements for the authorization and verification of
          preferred carrier changes.  The rules require, among other things, that a carrier
          receive individual subscriber consent before a carrier change may occur. 
          Pursuant to section 258, carriers are absolutely barred from changing a customer's
          preferred local or long distance carrier without first complying with one of the
          Commission's verification procedures.  Specifically, a carrier must:  (1) obtain
          the subscriber's written or electronically signed authorization in a format that
          meets the requirements of section 64.1130 authorization; (2) obtain confirmation
          from the subscriber via a toll-free number provided exclusively for the purpose of
          confirming orders electronically; or (3) utilize an independent third party to verify
          the subscriber's order. 

          3.    The Commission also has adopted liability rules.  These rules
          require the carrier to absolve the subscriber where the subscriber has not paid his
          or her bill.  In that context, if the subscriber has not already paid charges to the
          unauthorized carrier, the subscriber is absolved of liability for charges imposed by
          the unauthorized carrier for service provided during the first 30 days after the
          unauthorized change.   Where the subscriber has paid charges to the unauthorized
          carrier, the Commission's rules require that the unauthorized carrier pay 150% of
          those charges to the authorized carrier, and the authorized carrier shall refund or
          credit to the subscriber 50% of all charges paid by the subscriber to the
          unauthorized carrier.

          4.   We received Complainant's complaint on February 27, 2001
          alleging that Complainant's long distance service had been changed from AT&T
          Corporation to Qwest without Complainant's authorization. Pursuant to section
          1.719 and 64.1150 of our rules, we notified Qwest of the complaint and Qwest
          responded on May 2, 2001. While not admitting liability for an unauthorized
          change in the Complainant's service, Qwest indicates in its response that it has
          fully absolved Complainant of all charges assessed in connection with the change
          in a manner consistent with the Commission's liability rules.  Based on the
          information before us, we therefore find that the complaint referenced herein has
          been resolved.

          5.   Accordingly, IT IS ORDERED that, pursuant to section 258 of the
          Communications Act of 1934, as amended, 47 U.S.C.  258, and sections 0.141,
          0.361 and 1.719 of the Commission's rules, 47 C.F.R.  0.141, 0.361, 1.719, the
          complaint filed by Offices Unlimited International of Rockaway against Qwest
          Communications, Inc. IS RESOLVED.

          6.   IT IS FURTHER ORDERED that this Order is effective upon
          release.



          
                         FEDERAL COMMUNICATIONS COMMISSION



                         Jack L. Forsythe, Chief
                         Consumer Information Network Division
                         Consumer Information Bureau