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



In the Matter of

AT&T Corporation

Complaint Regarding 
Unauthorized Change of
Subscriber's Telecommunications Carrier
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IC No. 01-S52010


     
                             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 Andres Hark
          (Complainant) alleging that AT&T Corporation (AT&T) changed Complainant's
          long distance service without obtaining authorization and verification from
          Complainant in violation of the Commission's rules.  We conclude that AT&T
          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 May 11, 2001 alleging
          that Complainant's long distance service had been changed from Sprint
          Communications Company L.P., (Sprint) to AT&T without Complainant's
          authorization.  Pursuant to section 1.719 and 64.1150 of our rules, we notified
          AT&T of the complaint and AT&T responded on 
June 7, 2001.   AT&T has fully absolved Complainant of all charges assessed by AT&T 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 Andres Hark against AT&T 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