Goto Section: 68.419 | 68.423 | Table of Contents
FCC 68.420
Revised as of October 1, 2008
Goto Year:2007 |
2009
Sec. 68.420 Review and disposition of informal complaints.
(a) Where it appears from the defendant's answer, or from other
communications with the parties, that an informal complaint has been
satisfied, the Commission or the Consumer Information Bureau on delegated
authority may, in its discretion, consider the informal complaint closed,
without response to the complainant or defendant. In all other cases, the
Commission or the Consumer Information Bureau shall inform the parties of
its review and disposition of a complaint filed under this subpart. Where
practicable, this information (the nature of which is specified in
paragraphs (b) through (d) of this section, shall be transmitted to the
complainant and defendant in the manner requested by the complainant, (e.g.,
letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail,
ASCII text, audio-cassette recording, or Braille).
(b) In the event the Commission or the Consumer and Governmental Affairs
Bureau determines, based on a review of the information provided in the
informal complaint and the defendant's answer thereto, that no further
action is required by the Commission or the Consumer and Governmental
Affairs Bureau with respect to the allegations contained in the informal
complaint, the informal complaint shall be closed and the complainant and
defendant shall be duly informed of the reasons therefor. A complainant,
unsatisfied with the defendant's response to the informal complaint and the
staff decision to terminate action on the informal complaint, may file a
complaint with the Commission or the Enforcement Bureau as specified in
Sec. Sec. 68.400 through 68.412.
(c) In the event the Commission or the Consumer Information Bureau on
delegated authority determines, based on a review of the information
presented in the informal complaint and the defendant's answer thereto, that
a material and substantial question remains as to the defendant's compliance
with the requirements of this subpart, the Commission or the Consumer
Information Bureau may conduct such further investigation or such further
proceedings as may be necessary to determine the defendant's compliance with
the requirements of this subpart and to determine what, if any, remedial
actions and/or sanctions are warranted.
(d) In the event that the Commission or the Consumer Information Bureau on
delegated authority determines, based on a review of the information
presented in the informal complaint and the defendant's answer thereto, that
the defendant has failed to comply with or is presently not in compliance
with the requirements of this subpart, the Commission or the Consumer
Information Bureau on delegated authority may order or prescribe such
remedial actions and/or sanctions as are authorized under the Act and the
Commission's rules and which are deemed by the Commission or the Consumer
Information Bureau on delegated authority to be appropriate under the facts
and circumstances of the case.
[ 66 FR 7588 , Jan. 24, 2001, as amended at 67 FR 13229 , Mar. 21, 2002]
Goto Section: 68.419 | 68.423
Goto Year: 2007 |
2009
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