§  64.6217   Complaints.

   Complaints against NDBEDP certified programs for alleged violations of
   this subpart may be either informal or formal.

   (a) Informal complaints. (1) An informal complaint may be transmitted
   to the Consumer and Governmental Affairs Bureau by any reasonable
   means, such as letter, fax, telephone, TTY, email, or the Commission's
   online complaint filing system.

   (2) Content. An informal complaint shall include the name and address
   of the complainant; the name of the NDBEDP certified program against
   whom the complaint is made; a statement of facts supporting the
   complainant's allegation that the NDBEDP certified program has violated
   or is violating section 719 of the Communications Act or the
   Commission's rules, or both; the specific relief or satisfaction sought
   by the complainant; and the complainant's preferred format or method of
   response to the complaint by the Commission and the NDBEDP certified
   program, such as by letter, fax, telephone, TTY, or email.

   (3) Service. The Commission shall promptly forward any complaint
   meeting the requirements of this subsection to the NDBEDP certified
   program named in the complaint and call upon the program to satisfy or
   answer the complaint within the time specified by the Commission.

   (b) Review and disposition of informal complaints. (1) Where it appears
   from the NDBEDP certified program's answer, or from other
   communications with the parties, that an informal complaint has been
   satisfied, the Commission may, in its discretion, consider the matter
   closed. In all other cases, the Commission shall inform the parties of
   its review and disposition of a complaint filed under this subpart.
   Where practicable, this information shall be transmitted to the
   complainant and NDBEDP certified program in the manner requested by the
   complainant.

   (2) A complainant unsatisfied with the NDBEDP certified program's
   response to the informal complaint and the Commission's disposition of
   the informal complaint may file a formal complaint with the Commission
   pursuant to paragraph (c) of this section.

   (c) Formal complaints. Formal complaints against an NDBEDP certified
   program may be filed in the form and in the manner prescribed under
   § § 1.720 through 1.740 of this chapter. Commission staff may grant
   waivers of, or exceptions to, particular requirements under § § 1.720
   through 1.740 of this chapter for good cause shown; provided, however,
   that such waiver authority may not be exercised in a manner that
   relieves, or has the effect of relieving, a complainant of the
   obligation under § § 1.721 and 1.722 of this chapter to allege facts
   which, if true, are sufficient to constitute a violation or violations
   of section 719 of the Communications Act or this subpart.

   (d) Actions by the Commission on its own motion. The Commission may on
   its own motion conduct such inquiries and hold such proceedings as it
   may deem necessary to enforce the requirements of this subpart and
   section 719 of the Communications Act. The procedures to be followed by
   the Commission shall, unless specifically prescribed by the
   Communications Act and the Commission's rules, be such as in the
   opinion of the Commission will best serve the purposes of such
   inquiries and proceedings.

   [ 81 FR 65975 , Sept. 26, 2016, as amended at  83 FR 44843 , Sept.4, 2018]