Goto Section: 1.718 | 1.720 | Table of Contents
FCC 1.719
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 1.719 Informal complaints filed pursuant to section 258.
(a) Notwithstanding the requirements of § § 1.716 through 1.718, the
following procedures shall apply to complaints alleging that a carrier
has violated section 258 of the Communications Act of 1934, as amended
by the Telecommunications Act of 1996, by making an unauthorized change
of a subscriber's preferred carrier, as defined by § 64.1100(e) of this
chapter.
(b) Form. The complaint shall be in writing, and should contain: The
complainant's name, address, telephone number and e-mail address (if
the complainant has one); the name of both the allegedly unauthorized
carrier, as defined by § 64.1100(d) of this chapter, and authorized
carrier, as defined by § 64.1100(c) of this chapter; a complete
statement of the facts (including any documentation) tending to show
that such carrier engaged in an unauthorized change of the subscriber's
preferred carrier; a statement of whether the complainant has paid any
disputed charges to the allegedly unauthorized carrier; and the
specific relief sought.
(c) Procedure. The Commission will resolve slamming complaints under
the definitions and procedures established in § § 64.1100 through
64.1190 of this chapter. The Commission will issue a written (or
electronic) order informing the complainant, the unauthorized carrier,
and the authorized carrier of its finding, and ordering the appropriate
remedy, if any, as defined by § § 64.1160 through 64.1170 of this
chapter.
(d) Unsatisfied Informal Complaints Involving Unauthorized Changes of a
Subscriber's Preferred Carrier; Formal Complaints Relating Back to the
Filing Dates of Informal Complaints. If the complainant is unsatisfied
with the resolution of a complaint under this section, the complainant
may file a formal complaint with the Commission in the form specified
in § 1.721. Such filing will be deemed to relate back to the filing
date of the informal complaint filed under this section, so long as the
informal complaint complied with the requirements of paragraph (b) of
this section and provided that: The formal complaint is filed within 45
days from the date an order resolving the informal complaint filed
under this section is mailed or delivered electronically to the
complainant; makes reference to both the informal complaint number
assigned to and the initial date of filing the informal complaint filed
under this section; and is based on the same cause of action as the
informal complaint filed under this section. If no formal complaint is
filed within the 45-day period, the complainant will be deemed to have
abandoned its right to bring a formal complaint regarding the cause of
action at issue.
[ 65 FR 47690 , Aug. 3, 2000]
Formal Complaints
Goto Section: 1.718 | 1.720
Goto Year: 2010 |
2012
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