Section 63.309. Acquiring LSP provisions and obligations

(a) An abandoning LSP and acquiring LSP may change the customer’s local service provider without being considered to have engaged in slamming if the customer has not selected another LSP during the 20-day customer choice period and the acquiring LSP does not change a customer’s preferred interexchange carrier designation without the customer’s authorization. This provision does not relieve the abandoning LSP or the acquiring LSP of any requirements imposed by the Federal Communications Commission’s (FCC) antislamming rules or State rules in § 64.23(b) (relating to standardizing LEC responses to customer contacts alleging unauthorized charges added to the customer’s bill (cramming) and unauthorized changes to the customer’s long distance carrier (slamming)).

(b) If an acquiring LSP determines that it will be unable to migrate service to a customer by the abandoning LSP’s exit date, the acquiring LSP shall notify the Commission, the customer and the abandoning LSP within 24 hours of the determination. If the customer is unable to select another available LSP, the abandoning LSP shall continue to provide service until the date on which a LSP is able to provide service or a date ordered by the Commission, whichever is earlier.