§  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