Informal Complaints

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[CC Docket No. 94-93; FCC 94-211]

Informal Complaints

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission adopted this Notice of Proposed Rule Making

(NPRM) to make minor modifications to its procedural rules governing

informal complaints against common carriers and to seek comment on the

proposed rules. The NPRM proposes rules that would modify certain

filing and notice requirements and clarifies the role of carriers in

informal complaint proceedings. These proposals are intended to help

the general public in preparing written informal complaints, improve

the procedure by which informal complaints are handled by the staff,

harness staff resources to resolve informal complaints more

efficiently, and eliminate unnecessary filings of formal complaints

prior to the disposition of informal complaints.

DATES: Comments must be filed on or before October 24, 1994, and

replies must be filed on November 8, 1994.

ADDRESSES: Federal Communications Commission, 1919 M Street NW.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT: Roger J. Hertz, Enforcement Division,

Common Carrier Bureau, (202) 418-0960.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice

of Proposed Rule Making (NPRM) in CC Docket No. 94-93 (FCC 94-211),

adopted August 11, 1994, and released September 2, 1994.

The NPRM is available for inspection and copying during normal

business hours in the FCC Reference Center, Room 239, 1919 M Street

NW., Washington, D.C. The complete text of this decision may also be

purchased from the Commission's copy contractor, International

Transcript Service, Inc., 2100 M Street NW., Suite 140, Washington,

D.C. 20037, (202) 857-3800.

Summary of Notice of Proposed Rule Making

1. On August 11, 1994, the Commission adopted a Notice of Proposed

Rule Making in CC Docket No. 94-93 (released September 2, 1994: FCC 94-

211) in order to make minor modifications to our procedural rules

governing informal complaints against carriers.

2. The NPRM proposes to amend Sec. 1.716 to clarify that informal

complaints may be filed against common carriers for violations of the

Commission's rules or orders as well as the Communications Act. This

proposal is intended to conform Sec. 1.716 to Section 208 of the

Communications Act. The NPRM also proposes to amend Sec. 1.716 to

require specifically that informal complaints include factual

allegations that, if assumed to be true, would support a finding that

the subject carrier has violated a provision of the Communications Act

or Commission rules or orders. This proposal should provide helpful

guidance to the general public in preparing written informal

complaints, enable FCC staff to assess the merits of complaints more

quickly, and aid carriers in their efforts to answer or satisfy

informal complaints.

3. In addition, the NPRM proposes to amend Sec. 1.716 to add a new

subsection (b) to encourage complainants to file both an original

informal complaint as well as one copy for each carrier named in their

informal complaints. The NPRM also proposes to amend Sec. 1.716 by

adding subsection (c) which would encourage complainants to file a copy

of the pertinent bill(s) when the complaint involves a billing dispute.

Multiple copies of informal complaints are intended to reduce the

clerical burden in preparing complaints for processing. In addition,

encouraging complainants to file a copy of pertinent bills should

enable the Commission to reassign substantial resources from

administrative functions to enforcement functions.

4. The NPRM also proposes to amend Sec. 1.717 to conform the rules

to Commission practices. Specifically, the NPRM clarifies that the

function of carriers in informal complaint proceedings is to satisfy or

answer written allegations contained in a complaint. In addition, the

NPRM proposes to eliminate the Commission's discretion to close certain

informal complaints without further contact with the carrier and the

complainant.

5. Finally, the NPRM proposes to amend Sec. 1.718 to state that in

all cases involving an unsatisfied informal complaint, the period of

time allowed for filing a formal complaint that will relate back to the

filing date of the informal complaint is sixty days after the staff has

informed the parties in writing of its disposition of the informal

complaint. The proposal is intended to eliminate the need for

complainants to calculate the deadline for filing formal complaints

based on unsatisfied informal complaints and relieve the burden on

carriers of determining when they may dispose of informal complaint

files.

6. Pursuant to the Regulatory Flexibility Act of 1980, 5 U.S.C.

603, it is certified that the proposed rule will not, if promulgated,

have a significant impact on a substantial number of small business

entities, as defined by Section 601(3) of the Regulatory Flexibility

Act. Although the proposed rules change the timing and mechanics of the

informal complaint process, they would not alter the level of

evidentiary and legal support required of parties to such actions.

7. This notice and comment rule making procedure is nonrestricted.

Section 1.1206(a) of the Commission's Rules, 47 CFR 1.1206(a), contains

provisions governing permissible ex parte contacts.

Ordering Clauses

8. Accordingly, It is Ordered, pursuant to sections 1, 4(i), 4(j),

201-205, 218, 226, and 303(r) of the Communications Act of 1934, as

amended, 47 U.S.C. 151, 154(i), 154(j), 201-205, 218, 226, 303(r), that

a notice of proposed rule making is issued, proposing the amendment of

47 CFR part 1 as set forth below.

9. It is further ordered, pursuant to Secs. 1.415 and 1.419 of the

Commission's Rules, 47 CFR 1.415, 1.419, that all interested parties

may file comments on the matters discussed in the Notice and on the

proposed rules as set forth below by October 24, 1994 and reply

comments by November 8, 1994. All relevant and timely comments will be

considered by the Commission before final action is taken in this

proceeding. To file formally in this proceeding, participants must file

an original and four copies of all comments, reply comments, and

supporting comments. If participants wish each Commissioner to have a

personal copy of their comments, an original plus nine copies must be

filed. Comments and reply comments should be sent to the Office of the

Secretary, Federal Communications Commission, Washington, DC 20554.

Comments and reply comments will be available for public inspection

during regular business hours in the Dockets Reference Room (room 230)

of the Federal Communications Commission, 1919 M Street, N.W.,

Washington, DC 20554.

10. It is Further Ordered That the Chief of the Common Carrier

Bureau is delegated authority to require the submission of additional

information, make further inquiries, and modify the dates and

procedures is necessary to provide for a fuller record and a more

efficient proceeding.

11. It is Further Ordered The Secretary shall cause a copy of the

Notice, including the Initial Regulatory Flexibility Analysis, to be

sent to the Chief Counsel for Advocacy of the Small Business

Administration in accordance with section 603(a) of the Regulatory

Flexibility Act, 5 U.S.C. 603(a)(1981). The Secretary shall also cause

a summary of the Notice to appear in the Federal Register.

List of Subjects in 47 CFR Part 1

Administrative practice and procedure, Informal complaints.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

Proposed Rules

Part 1 of Title 47 of the Code of Federal Regulations is proposed

to be amended as follows:

PART 1--PRACTICE AND PROCEDURE

1. The authority citation for part 1 continues to read as follows:

Authority: Secs. 4, 303, 48 Stat. 1066, 1082, as amended; 47

U.S.C. 154, 303; Implement, 5 U.S.C. 552, unless otherwise noted.

2. Section 1.716 is proposed to be revised to read as follows:

Sec. 1.716 Form.

(a) An informal complaint shall be in writing and should contain:

(1) The name, address, daytime telephone number of the complainant,

and the telephone number that is subject of the compliant;

(2) The name of the carrier against which the compliant is made;

(3) Factual allegations that, if true, are sufficient to constitute

a violation of the Communications Act or Commission rules or orders by

the carrier complained of; and

(4) The specific relief or satisfaction sought.

(b) In addition to the original informal complaint, complainants

are encouraged to file one additional copy of that complaint for each

carrier named in the complaint.

(c) When a complainant is disputing a bill, the complainant is

encouraged to file a copy of the bill.

3. Section 1.717 is proposed to be revised to read as follows:

Sec. 1.717 Procedure.

The Commission will send each informal complaint to each carrier

named in the complaint for it to satisfy or answer the complaint. The

carrier will, within such time as may be prescribed, advise the

Commission in writing, with a copy to the complainant, of its

satisfaction of the complaint or of its refusal or inability to do so.

In all cases, the Commission will contact the complainant and the

carrier(s) regarding its review and disposition of the matters raised.

If the complainant is not satisfied by the carrier's response and the

Commission's disposition, it may file a formal complaint in accordance

with Sec. Sec. 1.718 and 1.721.

4. Section 1.718 is proposed to be revised to read as follows:

Sec. 1.718 Unsatisfied informal complaints, formal complaints relating

back to the filing dates of informal complaints.

When an informal complaint has not been satisfied pursuant to

Sec. 1.717, the complainant may file a formal complaint with this

Commission. Such claim will be deemed to relate back to the filing date

of the informal complaint; Provided, that the formal complaint :

(a) Is filed within sixty (60) days after the date the Commission's

written notification to the complainant of the Commission's review and

disposition of the informal complaint is mailed;

(b) Makes reference to the date of the filing of the informal

complaint; and

(c) Is based on the same cause of action as the informal complaint.

The complainant will be deemed to have abandoned the unsatisfied

informal complaint if no formal complaint has been filed within the

sixty (60) day period.

[FR Doc. 94-25089 Filed 10-11-94; 8:45 am]

BILLING CODE 6712-01-M