Goto Section: 68.419 | 68.423 | Table of Contents
FCC 68.420
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 68.420 Review and disposition of informal complaints.
(a) Where it appears from the defendant's answer, or from other
communications with the parties, that an informal complaint has been
satisfied, the Commission or the Consumer Information Bureau on
delegated authority may, in its discretion, consider the informal
complaint closed, without response to the complainant or defendant. In
all other cases, the Commission or the Consumer Information Bureau
shall inform the parties of its review and disposition of a complaint
filed under this subpart. Where practicable, this information (the
nature of which is specified in paragraphs (b) through (d) of this
section, shall be transmitted to the complainant and defendant in the
manner requested by the complainant, (e.g., letter, facsimile
transmission, telephone (voice/TRS/TTY), Internet e-mail, ASCII text,
audio-cassette recording, or Braille).
(b) In the event the Commission or the Consumer and Governmental
Affairs Bureau determines, based on a review of the information
provided in the informal complaint and the defendant's answer thereto,
that no further action is required by the Commission or the Consumer
and Governmental Affairs Bureau with respect to the allegations
contained in the informal complaint, the informal complaint shall be
closed and the complainant and defendant shall be duly informed of the
reasons therefor. A complainant, unsatisfied with the defendant's
response to the informal complaint and the staff decision to terminate
action on the informal complaint, may file a complaint with the
Commission or the Enforcement Bureau as specified in § § 68.400 through
68.412.
(c) In the event the Commission or the Consumer Information Bureau on
delegated authority determines, based on a review of the information
presented in the informal complaint and the defendant's answer thereto,
that a material and substantial question remains as to the defendant's
compliance with the requirements of this subpart, the Commission or the
Consumer Information Bureau may conduct such further investigation or
such further proceedings as may be necessary to determine the
defendant's compliance with the requirements of this subpart and to
determine what, if any, remedial actions and/or sanctions are
warranted.
(d) In the event that the Commission or the Consumer Information Bureau
on delegated authority determines, based on a review of the information
presented in the informal complaint and the defendant's answer thereto,
that the defendant has failed to comply with or is presently not in
compliance with the requirements of this subpart, the Commission or the
Consumer Information Bureau on delegated authority may order or
prescribe such remedial actions and/or sanctions as are authorized
under the Act and the Commission's rules and which are deemed by the
Commission or the Consumer Information Bureau on delegated authority to
be appropriate under the facts and circumstances of the case.
[ 66 FR 7588 , Jan. 24, 2001, as amended at 67 FR 13229 , Mar. 21, 2002]
Goto Section: 68.419 | 68.423
Goto Year: 2010 |
2012
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