In this subtitle the following words have the meanings indicated. “Hold order” or “freeze” means a directive to retain: the telephone company or reseller selected by a customer until the customer provides express authorization for a change to another telephone company or reseller; for telecommunications service options for which the telephone company or reseller imposes a charge, the telecommunications service options selected by a customer until the customer provides express authorization for a change of telecommunications service options; or the person who bills the customer or the customer’s billing arrangement until the customer provides express authorization for a change of the person who bills the customer or the customer’s billing arrangement. “Reseller” means a person who: provides telecommunications services to end-use customers by using the transmission facilities of another person, including wire, cable, optical fiber, or satellite or terrestrial radio signals, regardless of whether the reseller possesses its own switching facilities; or bills an end-use customer or causes the customer to be billed for telecommunications service. “Telecommunications service” means any service or product provided by a telephone company or reseller that is under the jurisdiction of the Commission.

This subtitle applies to a telephone company or reseller that provides intrastate interLATA, intraLATA, or local exchange carrier telecommunications service. An act of a person or company that is acting as an agent or representative of a telephone company or reseller is deemed to be an act of the telephone company or reseller under this subtitle.

Each reseller that provides telecommunications service shall obtain authorization from the Commission in a manner determined by the Commission to provide those services in the State.

Unless the telephone company or reseller complies with authorization and confirmation procedures adopted by the Commission and by federal law and regulation, a telephone company or reseller may not, on behalf of a customer: change, or direct another telephone company or reseller to change, the customer’s telephone company or reseller; select a telecommunications service option for which the telephone company or reseller imposes a charge; or change the person who bills the customer or the customer’s billing arrangement.

This section applies to a telephone company or reseller that initiates an unauthorized change in violation of this subtitle in: a customer’s telephone company; a customer’s reseller; a customer’s telecommunications service options; or the person who bills the customer or the customer’s billing arrangement. A telephone company or reseller that is subject to this section is liable: to the customer, the customer’s previously selected telephone company or reseller, or both, as determined by the Commission, for all intrastate long distance charges, interstate long distance charges, local exchange service charges, provider switching fees, the value of any premiums to which the customer would have been entitled, and other relevant charges incurred by the customer in the first 30 days of the unauthorized change; and to the customer’s local exchange provider for the change fees for the unauthorized change and reinstating the customer to the original telephone company or reseller.

When a customer, or a telephone company or reseller providing a new telecommunications service on behalf of the customer, makes a change in the customer’s telephone company or reseller, the telephone company or reseller providing the new telecommunications service shall provide a conspicuous notice to the customer, informing the customer that the change was made. When a customer, or a telephone company or reseller on behalf of the customer, makes a change in the customer’s selection of a telecommunications service option for which the telephone company or reseller imposes a charge, the telephone company or reseller providing the new telecommunications service option shall provide a conspicuous notice to the customer, informing the customer that the change was made. When a customer, or a telephone company or reseller on behalf of a customer, makes a change in the person who bills the customer or the customer’s billing arrangement, the telephone company or reseller providing the new billing service or arrangement shall provide a conspicuous notice to the customer, informing the customer that the change was made. A telephone company or reseller that is required to provide notice under this section shall provide the notice by: inserting the notice on or with the customer’s first bill for which the change is effective; or sending a separate notice to the customer within 30 days after the change takes effect. A telephone company or reseller may not, on behalf of a customer, fail to make any change in a customer’s telephone company, reseller, or telecommunications service options, or in the person who bills the customer or the customer’s billing arrangement when the change order has been received in a manner that complies with federal and State rules and regulations. All such change orders shall be properly processed to assure that the order is completed and service will be provided by the new telephone company or reseller of choice within 15 business days of receipt of the compliant change order or as otherwise negotiated with the customer.

If the Commission determines that a hold order or freeze is necessary, the Commission may require a telephone company or reseller that operates the network facilities that control routing, selection, or billing functions necessary to implement the hold order or freeze to offer the hold order or freeze to the telephone company’s end-use customers or to the reseller’s end-use customers as a method of reducing incidents of unauthorized changes in a customer’s telephone company, reseller, or telecommunications service options, or in the person who bills the customer or the customer’s billing arrangement. A telephone company or reseller that is required to offer a hold order or freeze shall implement the hold order or freeze in a nondiscriminatory and competitively neutral manner that does not give the telephone company or reseller an advantage over its competitors in the telecommunications market. All regulations regarding the implementation of a hold order or freeze shall be consistent with the rules and regulations of the Federal Communications Commission.

To implement this subtitle the Commission may adopt regulations necessary to carry out the provisions of this subtitle that are consistent with federal law. The regulations may include: procedures for a customer to confirm a change in the customer’s telephone company or reseller made by another telephone company or reseller on behalf of the customer; procedures for a customer to confirm a change in telecommunications service options; procedures for a customer to confirm a change in the person who bills the customer or the customer’s billing arrangement; provisions for the disclosure to the customer of the terms of the services offered by a telephone company or reseller; methods of enforcement; and other provisions, not inconsistent with federal law, that the Commission considers necessary to implement this subtitle.

A telephone company or reseller may not fail or neglect to comply with this subtitle or with a regulation adopted under this subtitle. For the purpose of enforcing the provisions of this subtitle, the Commission may: exercise any of the powers conferred under this division against a telephone company or reseller; and in the case of a complaint filed against a telephone company or reseller, order the telephone company or reseller to make reparations to the complaining party in accordance with § 8–405 of this subtitle. In addition to any other available penalty, the Commission may assess directly, after an opportunity for hearing, an administrative penalty on a telephone company or reseller that violates the provisions of this subtitle, or a regulation adopted under this subtitle, or federal law or regulation on unauthorized changes to a customer’s telephone company, reseller, or telecommunications service options, or to the person who bills the customer or the customer’s billing arrangement. The administrative penalty assessed under this section may not exceed $1,000 for each violation associated with a specific access line in the State. In assessing an administrative penalty under this section, the Commission shall consider: the nature, circumstances, extent, gravity, and number of violations; the degree of culpability of the violator; prior offenses and repeated violations of the violator; and any other matter that the Commission considers appropriate and relevant. An administrative penalty collected under this section shall be paid into the General Fund of the State.