Federal Communications Commission DA 07-1467
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Telecom Management, Inc.
d/b/a Pioneer Telephone
Complaints Regarding 
Unauthorized Change of
Subscriber’s Telecommunications Carrier
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IC Nos. 06-I0214126S
 06-S0215962
ORDER ON RECONSIDERATION 
Adopted: March 27, 2007 Released: March 28, 2007
By the Chief, Consumer & Governmental Affairs Bureau:
1. In this Order, we grant a Petition for Reconsideration filed by Telecom Management, 
Inc. d/b/a Pioneer Telephone (Pioneer) asking us to reverse a finding that Pioneer changed Complainants’
telecommunications service providers in violation of the Commission’s rules by failing to obtain proper 
authorization and verification.1 On reconsideration, we find that Pioneer did not violate the 
Commission’s carrier change rules because Adelphia Long Distance (Adelphia) was responsible for the 
unauthorized changes.2 We therefore grant Pioneer’s Petition.
I.  BACKGROUND
2. In December 1998, the Commission adopted rules prohibiting 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.3  The rules were designed to take the 
profit out of slamming.4 The Commission applied the rules to all wireline carriers,5 and modified its 
existing requirements for the authorization and verification of preferred carrier changes.6
  
1 See Petition for Reconsideration of Telecom Management, Inc. d/b/a Pioneer Telephone (filed May 12, 2006) 
(Petition) seeking reconsideration of Telecom Management, Inc. d/b/a Pioneer Telephone, 21 FCC Rcd 4168
(2006) (Division Order), issued by the Consumer Policy Division (Division), Consumer & Governmental Affairs 
Bureau (CGB).
2 See 47 C.F.R. §§ 64.1100 – 64.1190.
3 See id.; see also 47 U.S.C. § 258(a).
4 See Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 
1996; Policies and Rules Concerning Unauthorized Changes of Consumers’ Long Distance Carriers, CC Docket 
No. 94-129, Second Report and Order and Further Notice of Proposed Rulemaking, 14 FCC Rcd 1508, 1512, para. 
4 (1998) (Section 258 Order).  See also id. at 1518-19, para. 13.
5 See id. at 1560, para. 85.  CMRS providers were exempted from the verification requirements.  See id.
6 See id. at 1549, para. 66. 
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3. The rules require that a submitting carrier receive individual subscriber consent before a 
carrier change may occur.7 Specifically, a carrier must:  (1) obtain the subscriber's written or 
electronically signed 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.8
4. The Commission also adopted liability rules for carriers that engage in slamming.9  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.10 Where the subscriber has paid charges to the unauthorized carrier, the 
unauthorized carrier must pay 150% of those charges to the authorized carrier, and the authorized carrier 
must refund or credit the subscriber 50% of all charges paid by the subscriber to the unauthorized 
carrier.11
5. The Commission received two complaints alleging that Complainants’
telecommunications service providers had been changed from their authorized carriers to Adelphia 
without Complainants’ authorization.12 Pursuant to Sections 1.719 and 64.1150 of the Commission’s 
rules,13 the Division notified Adelphia of the complaints.14  In its responses, Adelphia stated that it 
switched the Complainants’ service collectively, due to a human error.15 In addition, Adelphia noted that 
it had sold assets to Pioneer.16 Therefore, the Division named Pioneer in the Division Order and found 
that Pioneer failed to produce clear and convincing evidence of valid change authorizations and, thus, its 
  
7 See 47 C.F.R. § 64.1120; see also 47 U.S.C. § 258(a) (barring carriers from changing a customer’s preferred 
local or long distance carrier without first complying with one of the Commission’s verification procedures).
8 See 47 C.F.R. § 64.1120(c).  Section 64.1130 details the requirements for letter of agency form and content for 
written or electronically signed authorizations.  47 C.F.R. § 64.1130.
9 See 47 C.F.R. §§ 64.1140, 64.1160-70.
10 See 47 C.F.R. §§ 64.1140, 64.1160 (any charges imposed by the unauthorized carrier on the subscriber for 
service provided after this 30-day period shall be paid by the subscriber to the authorized carrier at the rates the 
subscriber was paying to the authorized carrier at the time of the unauthorized change).
11 See 47 C.F.R. §§ 64.1140, 64.1170.  
12 Informal Complaint No. 06-I0214126S, filed January 3, 2006; Informal Complaint No. 06-S0215962, filed 
February 2, 2006.  
13 47 C.F.R. § 1.719 (Commission procedure for informal complaints filed pursuant to Section 258 of the Act); 47 
C.F.R. § 64.1150 (procedures for resolution of unauthorized changes in preferred carrier). 
14 See Notice of Informal Complaint No. 06I021426S to Adelphia Long Distance from the Deputy Chief, Division, 
CGB, dated January 25, 2006; Notice of Informal Complaint No. 06-S0215962 to Adelphia Long Distance from 
the Deputy Chief, Division, CGB, dated January 27, 2006.
15 See Adelphia Long Distance’s Response to Informal Complaint No. 06-I021412S, received February 2, 2006;  
Adelphia Long Distance’s Response to Informal Complaint No. 06-S0215962, received February 2, 2006 
(collectively, Adelphia Responses).  
16 See Adelphia Responses.  Specifically, Pioneer entered into a Purchase and Management Agreement to acquire 
Adelphia’s long distance customer base whereby Pioneer would manage the operations and service the customer 
base under Adelphia’s trade name until the transaction closed in late February 2006.  Pioneer did not purchase any 
other Adelphia assets or the company itself.  See Petition at 1.
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actions violated the Commission’s carrier change rules.17  Pioneer seeks reconsideration of the Division 
Order.
II.  DISCUSSION
6. Based on the record before us, we grant the Petition.  In the Petition, Pioneer requests 
that the Commission change the name on the Division Order to Adelphia Telecommunications, Inc. d/b/a 
Adelphia Long Distance.  Pioneer’s Petition suggests that Adelphia, not Pioneer, was responsible for the 
change in Complainants’ telecommunications service providers.18 Pioneer notes that the complaints were 
prepared in Adelphia’s name and sent directly to Adelphia and not Pioneer for responses, and that
Adelphia responded directly to the Commission.  Pioneer states that the Division nevertheless issued the 
Division Order in Pioneer’s name rather than Adelphia’s name.19
7. On reconsideration, we agree that the Division Order should be in the name of Adelphia 
instead of Pioneer.  Adelphia alone was served with the complaints, Adelphia alone responded, and 
Adelphia was operational at the time the Division Order was issued.  We note that this decision is not 
meant to address, for example, a situation where a carrier has wholly acquired another carrier or has 
acquired a bankrupt carrier’s customer base. Consequently, we grant the Petition and change the caption 
name on the Division Order by substituting “Adelphia Telecommunications, Inc. d/b/a Adelphia Long 
Distance” in place of “Telecom Management, Inc. d/b/a Pioneer Telephone.” In addition, we change all 
references made by the Division in the text of the Division Order by substituting “Adelphia” in place of 
“Pioneer.” 
  
III. ORDERING CLAUSES
8. 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, 1.106 and 1.719 of the Commission’s 
rules, 47 C.F.R. §§ 0.141, 0.361, 1.106, 1.719, the Petition for Reconsideration filed by Telecom 
Management, Inc. d/b/a Pioneer Telephone on May 12, 2006, IS GRANTED.
9. IT IS FURTHER ORDERED that this Order is effective UPON RELEASE.
FEDERAL COMMUNICATIONS COMMISSION
Catherine W. Seidel, Chief
Consumer & Governmental Affairs Bureau
  
17 See 47 C.F.R. § 64.1150(d).
18 See Petition at 1.
19 Id.