Vermont § 208a - Selection of telecommunications carrier

§ 208a. Selection of telecommunications carrier

• (a) No provider of telecommunications services shall submit a change order for primary
  interexchange carrier or for local exchange carrier to any telecommunications company
  regarding a Vermont customer unless and until the submitting carrier has obtained
  express authorization from the customer for the change. Upon request of the customer,
  offers to provide telecommunications services shall be sent to the customer in written
  form describing the terms and conditions of service. As used in this section, “express
  authorization” means an express, affirmative act by the customer clearly agreeing
  to the change in primary interexchange carrier or local exchange carrier, in the form
  of: (1) a written authorization; (2) a customer initiated call to the submitting carrier; (3) an oral authorization verified by an independent third party and the verification
  has been recorded; (4) electronic authorization; or (5) some other form of recorded authorization. (b)(1) A petition alleging violation of this section may be brought to the Public Utility
  Commission by the customer, by the Department of Public Service, by the Attorney General,
  or by the customer’s former carrier. If the Public Utility Commission determines after
  opportunity for hearing that a telecommunications carrier has submitted a change order
  and cannot demonstrate that it has complied with this section, and with rules adopted
  by the Commission, the Commission may: (A) void any pending charges and require the submitting carrier to pay to the customer
  an amount equal to all charges previously paid by the customer to the submitting carrier
  and made possible by the change order, providing that the voiding and repayment shall
  apply only for a reasonable time after the customer discovered or should have discovered
  the change in carriers; (B) require the submitting carrier to pay to the customer an amount of money to compensate
  for damages that arose because the change order altered the nature or quality of the
  customer’s telecommunications services; (C) require the submitting carrier to pay to the former carrier an amount equal to the
  revenues the former carrier would have received for providing equivalent services
  to the customer had the unauthorized switch not occurred; (D) require the submitting carrier to pay to the customer’s local exchange carrier an
  amount to compensate for any costs arising from changes caused by the invalid change
  order; (E) require the submitting carrier to pay, to the petitioner, the costs of prosecuting
  the complaint before the Commission, including reasonable attorney’s fees, witness
  fees, and incidental costs; and (F) require the submitting carrier to pay a penalty as authorized by section 30 of this title. (2) Payments and penalties under this section shall be in addition to those otherwise
  provided by law. (c) The Public Utility Commission shall adopt such rules as are necessary to carry out
  the purposes of this section. Such rules shall be no less stringent than the federal
  rules relating to changes of carrier and shall include such further provisions as
  are needed to implement the provisions of this section. (Added 1995, No. 182 (Adj. Sess.), § 1, eff. May 22, 1996; amended 1997, No. 135 (Adj. Sess.), § 3.)