[Federal Register Volume 59, Number 196 (Wednesday, October 12, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25089]


[[Page Unknown]]

[Federal Register: October 12, 1994]


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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