Substitute Senate Bill No. 499
          Substitute Senate Bill No. 499

              PUBLIC ACT NO. 98-148


AN ACT CONCERNING SLAMMING.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Section  16-256i  of  the general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a) AS USED IN THIS SECTION:
    (1) "CUSTOMER" MEANS  (A)  IN  THE  CASE  OF A
RESIDENTIAL CUSTOMER, ANY  ADULT WHO IS AUTHORIZED
BY THE INDIVIDUAL IN WHOSE NAME THE LOCAL EXCHANGE
CARRIER   HAS   ESTABLISHED    AN    ACCOUNT   FOR
TELECOMMUNICATIONS SERVICES TO  AUTHORIZE A CHANGE
IN TELECOMMUNICATIONS SERVICES,  AND  (B)  IN  THE
CASE OF A BUSINESS CUSTOMER, ANY INDIVIDUAL WHO IS
AUTHORIZED BY THE  BUSINESS  TO AUTHORIZE A CHANGE
IN TELECOMMUNICATIONS SERVICES;
    (2)  "TELEMARKETER"  MEANS ANY INDIVIDUAL WHO,
BY    TELEPHONE,    INITIATES    THE    SALE    OF
TELECOMMUNICATIONS       SERVICES       FOR      A
TELECOMMUNICATIONS COMPANY; AND
    (3)   "TELEMARKETING"   MEANS   THE   ACT   OF
SOLICITING    BY    TELEPHONE    THE    SALE    OF
TELECOMMUNICATIONS SERVICES.
    (b)   A   telecommunications   company  [,  as
defined in  section  16-1,]  shall  not  submit  a
primary, local or intrastate interexchange carrier
change order to a company providing local exchange
telephone   service   prior  to  the  order  being
confirmed in accordance  with  the  provisions  of
Subpart  K  of  Part 64 of Title 47 of the Code of
Federal Regulations, as from time to time amended,
AND THE PROVISIONS OF THIS SECTION, IF APPLICABLE.
    (c)  A  TELECOMMUNICATIONS   COMPANY   OR  ITS
AFFILIATE  OR  AUTHORIZED   REPRESENTATIVE   USING
TELEMARKETING   TO   INITIATE    THE    SALE    OF
TELECOMMUNICATIONS SERVICES SHALL  COMPLY WITH THE
FOLLOWING REQUIREMENTS FOR  ALL SUCH TELEMARKETING
CALLS: (1) THE TELEMARKETER SHALL IDENTIFY HIMSELF
BY  NAME  AND   IDENTIFY   THE  TELECOMMUNICATIONS
COMPANY PROVIDING THE  PROPOSED  SERVICES  AND THE
NAME   OF   THE   BUSINESS,   FIRM,   CORPORATION,
ASSOCIATION,  JOINT  STOCK   ASSOCIATION,   TRUST,
PARTNERSHIP,  OR  LIMITED  LIABILITY  COMPANY,  IF
DIFFERENT FROM THE TELECOMMUNICATIONS COMPANY, FOR
WHOM THE CALL  IS MADE; (2) THE TELEMARKETER SHALL
STATE  THAT ONLY  THE  CUSTOMER  MAY  AUTHORIZE  A
CHANGE  IN SERVICE;  (3)  THE  TELEMARKETER  SHALL
CONFIRM THAT HE  IS  SPEAKING TO THE CUSTOMER; (4)
THE  TELEMARKETER  SHALL   CLEARLY   EXPLAIN   THE
PROPOSED SERVICES IN  DETAIL  AND  EXPLAIN THAT AN
AFFIRMATIVE RESPONSE WILL  CHANGE  THE  CUSTOMER'S
TELECOMMUNICATIONS CARRIER; (5)  THE  TELEMARKETER
SHALL  OBTAIN FROM  THE  CUSTOMER  AN  AFFIRMATIVE
RESPONSE THAT THE  CUSTOMER  AGREES TO A CHANGE IN
HIS  PRIMARY, LOCAL  OR  INTRASTATE  INTEREXCHANGE
CARRIER; AND (6)  THE PRIMARY, LOCAL OR INTRASTATE
INTEREXCHANGE CARRIER CHANGE  ORDER OR INDEPENDENT
THIRD PARTY VERIFICATION RECORD SHALL IDENTIFY THE
INDIVIDUAL WITH WHOM  THE  TELEMARKETER  CONFIRMED
THE AUTHORIZATION TO  CHANGE THE PRIMARY, LOCAL OR
INTRASTATE INTEREXCHANGE CARRIER.
    (d)  (1)  A  TELECOMMUNICATIONS COMPANY OR ITS
AFFILIATE  OR  AUTHORIZED   REPRESENTATIVE   USING
TELEMARKETING    TO    INITIATE    THE   SALE   OF
TELECOMMUNICATIONS SERVICES  SHALL  (A)  PRIOR  TO
SUBMITTING   A   CHANGE   IN   PRIMARY,  LOCAL  OR
INTRASTATE INTEREXCHANGE CARRIERS,  OBTAIN  VERBAL
AUTHORIZATION  CONFIRMED  BY  AN INDEPENDENT THIRD
PARTY OR WRITTEN AUTHORIZATION OF SUCH CHANGE FROM
THE  CUSTOMER, AND (B) NOT MORE THAN FOUR BUSINESS
DAYS AFTER OBTAINING NOTIFICATION OR  CONFIRMATION
THAT  THE CHANGE IN CARRIER HAS BEEN MADE, SEND BY
FIRST CLASS MAIL TO THE CUSTOMER NOTIFICATION THAT
THE   CUSTOMER'S   PRIMARY,  LOCAL  OR  INTRASTATE
INTEREXCHANGE CARRIER HAS BEEN CHANGED, ALONG WITH
A  POSTPAID POSTCARD OR TOLL-FREE NUMBER WHICH THE
CUSTOMER CAN USE TO  DENY  AUTHORIZATION  FOR  THE
CHANGE  ORDER.  IF  THE TELECOMMUNICATIONS COMPANY
RECEIVES A  POSTCARD  OR  TELEPHONE  CALL  AT  THE
TOLL-FREE  NUMBER  PROVIDED  IN  THE  NOTIFICATION
DENYING AUTHORIZATION FOR THE CHANGE, THE  COMPANY
SHALL  IMMEDIATELY  NOTIFY THE CUSTOMER'S PREVIOUS
CARRIER AND SHALL CAUSE  THE  CUSTOMER'S  PRIMARY,
LOCAL  OR  INTRASTATE  INTEREXCHANGE SERVICE TO BE
SWITCHED BACK TO THE CUSTOMER'S  PREVIOUS  CARRIER
AND SHALL: (i) ADJUST THE AFFECTED CUSTOMER'S BILL
SO  THAT  THE  CUSTOMER  PAYS  NO  MORE  THAN  THE
CUSTOMER  WOULD HAVE PAID HAD HIS CARRIER NOT BEEN
SWITCHED; (ii) PAY THE PREVIOUS CARRIER AN  AMOUNT
EQUAL  TO  ALL  CHARGES PAID BY THE CUSTOMER AFTER
THE CHANGE TO THE NEW CARRIER; AND (iii)  PAY  THE
PREVIOUS  CARRIER  AN AMOUNT EQUAL TO ALL EXPENSES
ASSESSED  BY  THE  LOCAL  EXCHANGE   COMPANY   FOR
SWITCHING   THE   CUSTOMER'S   PRIMARY,  LOCAL  OR
INTRASTATE INTEREXCHANGE SERVICE.
    (2) IT SHALL  BE  AN UNFAIR OR DECEPTIVE TRADE
PRACTICE, IN VIOLATION  OF  CHAPTER  735a, FOR ANY
TELECOMMUNICATIONS COMPANY TO  UNREASONABLY  DELAY
OR DENY A  REQUEST  BY  A  CUSTOMER  TO  SWITCH  A
CUSTOMER'S    PRIMARY,   LOCAL    OR    INTRASTATE
INTEREXCHANGE  CARRIER  BACK   TO  THE  CUSTOMER'S
PREVIOUS CARRIER.
    (e)  THE DEPARTMENT SHALL ADOPT REGULATIONS IN
ACCORDANCE WITH THE PROVISIONS OF  CHAPTER  54  TO
IMPLEMENT THE PROVISIONS IN THIS SECTION.
    (f)  A  telecommunications   company,  OR  ITS
AFFILIATE  OR  AUTHORIZED   REPRESENTATIVE   USING
TELEMARKETING   TO   INITIATE    THE    SALE    OF
TELECOMMUNICATIONS SERVICES, which  the department
determines, after notice  and  opportunity  for  a
hearing as provided  in  section 16-41, has failed
to comply with  the  provisions of this section OR
SECTION 2 OF  THIS  ACT  shall  pay to the state a
civil  penalty of  not  more  than  five  thousand
dollars per violation.
    Sec.     2.     (NEW)     All     bills    for
telecommunications services, whether issued  by  a
telecommunications   company   or   by  a  billing
service, shall contain the name  of  each  carrier
providing  service  as  well as a toll-free number
for customer  complaints  for  each  such  carrier
printed  clearly  and conspicuously on the portion
of the bill relating to each carrier.

Approved June 4, 1998