[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Proposed Rules]
[Pages 61250-61251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-24295]

[[Page 61250]]



47 CFR Part 64

[CG Docket Nos. 11-116 and 09-158; CC Docket No. 98-170; DA 13-1807]

Empowering Consumers To Prevent and Detect Billing for 
Unauthorized Charges (``Cramming''); Consumer Information and 
Disclosure; Truth-in-Billing Format

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.


SUMMARY: In this document, the Commission, via the Consumer and 
Governmental Affairs Bureau (Bureau) seeks comment to refresh the 
record in response to the Commission's April 2012 Further Notice of 
Proposed Rulemaking (Further Notice), in which the Commission sought 
comment on whether it should take additional steps to prevent cramming, 
including ``opt-in'' and possible solutions to Commercial Mobile Radio 
Service (CMRS) cramming. The additional comments will facilitate the 
development of a full record given the importance of the issues in this 

DATES: Interested parties may file comments on or before November 18, 
2013, and reply comments on or before December 2, 2013.

ADDRESSES: You may submit comments, identified by CG Docket No. 11-116, 
by any of the following methods:
    Electronic Filers: Comments may be filed electronically using the 
Internet by accessing the Commission's Electronic Comment Filing System 
(ECFS), through the Commission's Web site http://fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions provided on the Web site 
for submitting comments. For ECFS filers, in completing the transmittal 
screen, filers should include their full name, U.S. Postal service 
mailing address, and CG Docket No. 11-116.
     Paper filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although the 
Commission continues to experience delays in receiving U.S. Postal 
Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building.
     Commercial Mail sent by overnight mail (other than U.S. 
Postal Service Express Mail and Priority Mail) must be sent to 9300 
East Hampton Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street SW., Washington, DC 
20554.In addition, parties must serve one copy of each pleading with 
the Commission's duplicating contractor, Best Copy and Printing, Inc., 
445 12th Street SW., Room CY-B402, Washington, DC 20554, or via email 
to [email protected].

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Lynn Follansbee, Consumer and 
Governmental Affairs Bureau, Consumer Policy Division, at (202) 418-
1514 or email: [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Public 
Notice DA 13-1807, released August 27, 2013 in CG Docket Nos. 11-116 
and 09-158, and CC Docket No. 98-170. The full text of document DA 13-
1807 and copies of any subsequently filed documents in this matter may 
also be purchased from the Commission's duplicating contractor, Best 
Copy and Printing, Inc., Portals II, 445 12th Street SW., Room CY-B402, 
Washington, DC 20554. Customers may contact the Commission's 
duplicating contractor at its Web site, www.bcpiweb.com, or by calling 
(202) 488-5300. Document can also be downloaded in Word or Portable 
Document Format (PDF) at http://transition.fcc.gov/Daily_Releases/Daily_Business/2013/db0827/DA-13-1807A1.pdf.
    Pursuant to 47 CFR 1.1200 et seq., this matter shall be treated as 
a ``permit-but-disclose'' proceeding in accordance with the 
Commission's ex parte rules. Persons making ex parte presentations must 
file a copy of any written presentation or a memorandum summarizing any 
oral presentation within two business days after the presentation 
(unless a different deadline applicable to the Sunshine period 
applies). Persons making oral ex parte presentations are reminded that 
memoranda summarizing the presentation must: (1) List all persons 
attending or otherwise participating in the meeting at which the ex 
parte presentation was made; and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with sec. 1.1206(b) of the Commission's rules. In 
proceedings governed by sec. 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (Braille, large print, electronic 
files, audio format), send an email to [email protected] or call the 
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), 
(202) 418-0432 (TTY).

Initial Paperwork Reduction Act of 1995 Analysis

    Document DA 13-1807 does not contain proposed information 
collection requirements subject to the Paperwork Reduction Act of 1995, 
Public Law 104-13. In addition, therefore, it does not contain any 
proposed information collection burden for small business concerns with 
fewer than 25 employees, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).


    In document DA 13-1807, the Bureau seeks to update the record in 
response to the Commission's Further Notice, adopted April 27, 2012, 
released April 27, 2012, and published at 77 FR 30972, May 24, 2012, in 
which the Commission sought comment on whether it should

[[Page 61251]]

take additional steps to prevent cramming, including ``opt-in'' and 
possible solutions to CMRS cramming. The record in this proceeding does 
not fully address the developments, studies, and information that has 
come to light since the Further Notice comments and reply comments were 
filed, including questions as to the extent to which consumers may 
continue to be unaware that third-party charges can appear on their 
wireline and CMRS bills and about their ability to successfully resolve 
disputes regarding unauthorized third-party charges. Document DA 13-
1807 generally seeks comment on whether additional measures to combat 
wireline cramming are necessary and whether any new measures to combat 
CMRS cramming are appropriate, as well as what those measures might be 
and the costs and benefits of any proposal.
    Document DA 13-1807 is issued pursuant to the authority contained 
in Sec. Sec.  0.204, 0.361, 1.415 of the Commission's rules, 47 CFR 
0.204, 0.361, 1.415.

Federal Communications Commission.
Mark Stone,
Deputy Chief, Consumer and Governmental Affairs Bureau.
[FR Doc. 2013-24295 Filed 10-2-13; 8:45 am]