FCC Web Documents citing 1.736

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2150A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2150A1.pdf
  • ¶ 34. Salsgiver Telecom also asserted a request for damages, citing §§ 206-209 of the Act, 47 U.S.C. §§ 206-209. Complaint at 8-9, ¶ 29. It did not, however, offer proof of any alleged damages, nor did it comply with the Commission's rules for bringing complaints for damages under sections 206-208 of the Act. See 47 C.F.R. §§ 1.720 - 1.736. As a result of these deficiencies, we are unable to assess the merits of Salsgiver Telecom's request for damages and therefore deny it. Complaint at 7-9, ¶¶ 24-30. See Fiber Technologies Networks, L.L.C. v. North Pittsburgh Tel. Co., File No. EB-05-MD-014 (Complaint filed July 8, 2005); DQE Communications Network Servs. v. North Pittsburgh Tel. Co., File No. EB-05-MD-027 (Complaint filed
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-667A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-667A1.pdf
  • part of this review, the Commission sought recommendations from the public concerning whether these rules and procedures should be modified or eliminated. II. SCOPE OF REVIEW The Commission identified the following rule parts containing regulations administered by the Enforcement Bureau for review and comment in the Public Notice: Part 1 - Practice and Procedure - Sections 1.711 and 1.720 to 1.736 set forth rules for the filing of formal complaints against common carriers. Sections 1.80 and 1.89 of the Commission's rules address forfeiture proceedings and penalties and Notice of Violations proceedings. Increased competition in the marketplace does not diminish the need for these rules, and thus we do not find that they are no longer necessary in the public interest as
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1580A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1580A1.pdf
  • We are satisfied that dismissing the Petition with prejudice will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 154(i), 154(j), 208, and sections 1.106, 1.720 - 1.736 of the Commission's rules, 47 C.F.R. §§ 1.106, 1.720 - 1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MAP Mobile Communications, Inc.'s Notice of Settlement and Request for Dismissal of Petition for Reconsideration IS GRANTED and its Petition for Partial Reconsideration or Clarification is hereby DISMISSED WITH PREJUDICE.
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.pdf
  • and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720 - 1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.720 - 1.736, that the Motion is GRANTED, and that the Complaint in this proceeding is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Lisa J. Saks Assistant Chief, Market Disputes Resolution Division Enforcement Bureau APCC Services Inc. v. Dollar Phone Corp., RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise, Inc.,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.pdf
  • Farmers' Opening Brief at 2, 14. 47 C.F.R. § 1.725 (``Cross-complaints seeking any relief within the jurisdiction of the Commission against any carrier that is a party (complainant or defendant) to that proceeding are expressly prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint in accordance with §§ 1.720 through 1.736. For purposes of this subpart, the term `cross-complaint' shall include counterclaims.''). See U.S. Telepacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24555-56, ¶ 8 (2004) (citing ``long-standing Commission precedent'' holding that the Commission does not act as a collection agent for carriers with respect to unpaid tariffed charges, and that such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-293A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-293A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-293A1.txt
  • C.F.R. § 1.718. See Enforcement Bureau Staff to Convene Meeting to Discuss Procedures for Resolving End User Common Line Informal Complaints, Public Notice, 16 FCC Rcd 9373 (MDRD 2001); Summary of Enforcement Bureau's Multi-Party Initial Meeting Regarding Procedures for Resolving End User Common Line Informal Complaints, Public Notice, 16 FCC Rcd 11,874 (MDRD 2001). See 47 C.F.R. §§ 1.720 - 1.736. 47 C.F.R. §§ 1.720 - 1.736. In this regard, complainants must attach a copy of the underlying informal complaint to the formal complaint being filed. See 47 C.F.R. § 1.718. See also Informal Complaints Filed By Independent Payphone Service Providers Against Various Local Exchange Carriers Seeking Refunds of End User Common Line Charges, File No. 89-170, DA 99-1858, Common Carrier
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-131A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-131A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-131A1.txt
  • of the Communications Act of 1934, as amended. Section 208 permits any person to lodge a complaint with the Commission against a common carrier alleging a violation of the Communications Act. Subpart E establishes the rules for the submission and treatment of two categories of complaints against common carriers. These are ``Formal Complaints,'' which are governed by sections 1.720 - 1.736, and ``Informal Complaints,'' which are governed by sections 1.716-1.719. The Informal Complaint rules emphasize ease of filing by consumers, and voluntary cooperative efforts by consumers and affected companies to resolve their differences informally. The Consumer & Governmental Affairs Bureau's analysis of Part 1, Subpart E will be limited to ``Informal Complaints'' governed by sections 1.716 - 1.719. Purpose Part 1,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1524A1.txt
  • 208 places a duty on the Commission to forward the complaint to the common carrier(s) involved which, in turn, must either satisfy the complaint or answer it in writing within a time period specified by the Commission. Subpart E establishes the rules for the submission and treatment of two categories of complaints: (1) formal complaints, governed by sections 1.720 - 1.736; and (2) informal complaints, governed by sections 1.716-1.719. The informal complaint rules emphasize ease of filing by consumers and voluntary cooperative efforts by consumers and affected companies to resolve their differences informally. The Consumer & Governmental Affairs Bureau's analysis of part 1, subpart E will be limited to informal complaints. Need: The informal complaint rules are designed to facilitate the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-18A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-18A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-18A1.txt
  • amended. As part of this review, the Commission sought recommendations from the public concerning whether these rules and procedures should be modified or eliminated. REVIEW OF RELEVANT RULES The Commission identified the following rule parts containing regulations administered by the Enforcement Bureau for review and comment in the Public Notice: Part 1 - Practice and Procedure - Sections 1.711 to 1.736 set forth rules for the filing of formal complaints against common carriers. Section 1.80 addresses forfeiture penalties applicable to common carriers [and others]. These rules are not competition-related, and thus we cannot find that they are ``no longer necessary in the public interest as the result of meaningful economic competition.'' Accordingly, we find that these rules should be retained. Rules
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-19A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-19A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-19A1.txt
  • of the Communications Act of 1934, as amended. Section 208 permits any person to lodge a complaint with the Commission against a common carrier alleging a violation of the Communications Act. Subpart E establishes the rules for the submission and treatment of two categories of complaints against common carriers. These are ``Formal Complaints,'' which are governed by sections 1.720 - 1.736, and ``Informal Complaints,'' which are governed by sections 1.716-1.719. The Informal Complaint rules emphasize ease of filing by consumers, and voluntary cooperative efforts by consumers and affected companies to resolve their differences informally. The Consumer & Governmental Affairs Bureau's analysis of Part 1, Subpart E will be limited to ``Informal Complaints'' governed by sections 1.716 - 1.719. Purpose Part 1,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2150A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2150A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2150A1.txt
  • ¶ 34. Salsgiver Telecom also asserted a request for damages, citing §§ 206-209 of the Act, 47 U.S.C. §§ 206-209. Complaint at 8-9, ¶ 29. It did not, however, offer proof of any alleged damages, nor did it comply with the Commission's rules for bringing complaints for damages under sections 206-208 of the Act. See 47 C.F.R. §§ 1.720 - 1.736. As a result of these deficiencies, we are unable to assess the merits of Salsgiver Telecom's request for damages and therefore deny it. Complaint at 7-9, ¶¶ 24-30. See Fiber Technologies Networks, L.L.C. v. North Pittsburgh Tel. Co., File No. EB-05-MD-014 (Complaint filed July 8, 2005); DQE Communications Network Servs. v. North Pittsburgh Tel. Co., File No. EB-05-MD-027 (Complaint filed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-667A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-667A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-667A1.txt
  • part of this review, the Commission sought recommendations from the public concerning whether these rules and procedures should be modified or eliminated. II. SCOPE OF REVIEW The Commission identified the following rule parts containing regulations administered by the Enforcement Bureau for review and comment in the Public Notice: Part 1 - Practice and Procedure - Sections 1.711 and 1.720 to 1.736 set forth rules for the filing of formal complaints against common carriers. Sections 1.80 and 1.89 of the Commission's rules address forfeiture proceedings and penalties and Notice of Violations proceedings. Increased competition in the marketplace does not diminish the need for these rules, and thus we do not find that they are no longer necessary in the public interest as
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-672A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-672A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-672A1.txt
  • of the Communications Act of 1934, as amended. Section 208 permits any person to lodge a complaint with the Commission against a common carrier alleging a violation of the Communications Act. Subpart E establishes the rules for the submission and treatment of two categories of complaints against common carriers. These are ``Formal Complaints,'' which are governed by sections 1.720 - 1.736, and ``Informal Complaints,'' which are governed by sections 1.716-1.719. The Informal Complaint rules emphasize ease of filing by consumers, and voluntary cooperative efforts by consumers and affected companies to resolve their differences informally. The Consumer & Governmental Affairs Bureau's analysis of Part 1, Subpart E will be limited to ``Informal Complaints'' governed by sections 1.716 - 1.719. Purpose Part 1,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1580A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1580A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-1580A1.txt
  • We are satisfied that dismissing the Petition with prejudice will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Act, 47 U.S.C. §§ 154(i), 154(j), 208, and sections 1.106, 1.720 - 1.736 of the Commission's rules, 47 C.F.R. §§ 1.106, 1.720 - 1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, that MAP Mobile Communications, Inc.'s Notice of Settlement and Request for Dismissal of Petition for Reconsideration IS GRANTED and its Petition for Partial Reconsideration or Clarification is hereby DISMISSED WITH PREJUDICE.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2028A1.txt
  • and eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720 - 1.736 of the Commission's rules, 47 C.F.R. §§ 0.111, 0.311, and 1.720 - 1.736, that the Motion is GRANTED, and that the Complaint in this proceeding is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Lisa J. Saks Assistant Chief, Market Disputes Resolution Division Enforcement Bureau APCC Services Inc. v. Dollar Phone Corp., RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise, Inc.,
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-412A1.txt
  • 6.11 Information, documentation, and training. SUBPART D-ENFORCEMENT Brief Description, Need and Legal Basis: See Subpart A above. Section Number and Title: 6.15 Generally. 6.16 Informal or formal complaints. 6.17 Informal complaints; form and content. 6.18 Procedure; designation of agents for service. 6.19 Answers to informal complaints. 6.20 Review and disposition of informal complaints. 6.21 Formal complaints, applicability of 1.720 through 1.736 of this chapter. 6.22 Formal complaints based on unsatisfied informal complaints. 6.23 Actions by the Commission on its own motion. PART 7-ACCESS TO VOICEMAIL AND INTERACTIVE MENU SERVICES AND EQUIPMENT BY PEOPLE WITH DISABILITIES SUBPART A-SCOPE-WHO MUST COMPLY WITH THESE RULES? Brief Description: Part 7 of the Commission's rules was adopted in 1999. These rules set forth the scope of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247351A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247351A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-247351A2.txt
  • rules in this part relating to hearing aid compatibility and, in addition, on section 68.318(c) (Line seizure by automatic telephone dialing systems) and section 68.318(d) (Telephone facsimile machines; Identification of the sender of the message)). ______________________________ RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE ENFORCEMENT BUREAU (EB) EB Docket No. 04-176 Part 1 - Practice and Procedure - Sections 1.711 to 1.736 set forth rules for the filing of formal complaints against common carriers. Section 1.80 addresses forfeiture penalties applicable to common carriers. ______________________________ RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE INTERNATIONAL BUREAU (IB) IB Docket No. 04-177 Part 23 - International Fixed Public Radio Communication Services - Contains rules applicable to international terrestrial fixed communications systems, including general licensing and application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-237A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-237A1.pdf
  • 1998, and WorldCom Reply at 3 - 4, filed July 13, 1999. Id. To the extent that parties can demonstrate that the BOCs or their designees are not administering toll free numbers pursuant to the terms of their own tariff, they may pursue an enforcement action to ensure that the terms of the tariff are met. See sections 1.701 - 1.736 of the Commission's rules, 47 C.F.R. §§ 1.701 - 1.736. See Third Report and Order. In the Second Report and Order, the Commission sought comment on whether access to the database should still be provided pursuant to tariff if there is ultimately a new administrator of the database and if so, what party or entity should file the tariff. Second
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-238A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-238A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-01-238A1.txt
  • 1, 4(i), 4(j), 202(a), 208, 251(g), and 271 of Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202(a), 208, 251(g), and 271, that the Formal Complaint filed by AT&T Corporation IS DENIED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720 through 1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, that AT&T's Motion to Strike, dated February 8, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary After AT&T filed this complaint, Bell Atlantic acquired NYNEX, which later merged with GTE to form Verizon Communications, Inc. Notwithstanding these corporate changes, for purposes of clarity this Order refers to the defendant companies
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-105A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-105A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-105A1.txt
  • rules in this part relating to hearing aid compatibility and, in addition, on section 68.318(c) (Line seizure by automatic telephone dialing systems) and section 68.318(d) (Telephone facsimile machines; Identification of the sender of the message)). ______________________________ RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE ENFORCEMENT BUREAU (EB) EB Docket No. 04-176 Part 1 - Practice and Procedure - Sections 1.711 to 1.736 set forth rules for the filing of formal complaints against common carriers. Section 1.80 addresses forfeiture penalties applicable to common carriers. ______________________________ RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE INTERNATIONAL BUREAU (IB) IB Docket No. 04-177 Part 23 - International Fixed Public Radio Communication Services - Contains rules applicable to international terrestrial fixed communications systems, including general licensing and application
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-115A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-115A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-115A1.txt
  • the rules in this part relating to hearing aid compatibility and, in addition, on section 68.318(c) (Line seizure by automatic telephone dialing systems) and section 68.318(d) (Telephone facsimile machines; Identification of the sender of the message)). RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE ENFORCEMENT BUREAU (EB) EB Docket No. 06-153 Part 1 - Practice and Procedure - Sections 1.711 to 1.736 set forth rules for the filing of informal complaints and formal complaints against common carriers. Section 1.80 addresses the forfeiture process applicable to providers of telecommunications services. Section 1.89 addresses the Notice of Violation process applicable to providers of telecommunications services. RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE INTERNATIONAL BUREAU (IB) IB Docket No. 06-154 Part 23 - International Fixed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-175A1.txt
  • Farmers' Opening Brief at 2, 14. 47 C.F.R. § 1.725 (``Cross-complaints seeking any relief within the jurisdiction of the Commission against any carrier that is a party (complainant or defendant) to that proceeding are expressly prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint in accordance with §§ 1.720 through 1.736. For purposes of this subpart, the term `cross-complaint' shall include counterclaims.''). See U.S. Telepacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24555-56, ¶ 8 (2004) (citing ``long-standing Commission precedent'' holding that the Commission does not act as a collection agent for carriers with respect to unpaid tariffed charges, and that such
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-201A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-201A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-201A1.txt
  • the rules in this part relating to hearing aid compatibility and, in addition, on section 68.318(c) (Line seizure by automatic telephone dialing systems) and section 68.318(d) (Telephone facsimile machines; Identification of the sender of the message)). RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE ENFORCEMENT BUREAU (EB) EB Docket No. 08-178 Part 1 - Practice and Procedure - Sections 1.711 to 1.736 set forth rules for the filing of informal complaints and formal complaints against common carriers. Section 1.80 addresses the forfeiture process applicable to providers of telecommunications services. Section 1.89 addresses the Notice of Violation process applicable to providers of telecommunications services. RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE INTERNATIONAL BUREAU (IB) IB Docket No. 08-179 Part 23 - International Fixed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-204A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-204A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-204A1.txt
  • the rules in this part relating to hearing aid compatibility and, in addition, on section 68.318(c) (Line seizure by automatic telephone dialing systems) and section 68.318(d) (Telephone facsimile machines; Identification of the sender of the message)). RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE ENFORCEMENT BUREAU (EB) EB Docket No. 10-267 Part 1 - Practice and Procedure - Sections 1.711 to 1.736 set forth rules for the filing of informal complaints and formal complaints against common carriers. Section 1.80 addresses the forfeiture process applicable to providers of telecommunications services. Section 1.89 addresses the Notice of Violation process applicable to providers of telecommunications services. RULE PARTS CONTAINING REGULATIONS ADMINISTERED BY THE INTERNATIONAL BUREAU (IB) IB Docket No. 10-268 Part 23 - International Fixed
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-151A1.txt
  • 47 U.S.C. § 618(a)(3)(A). 47 U.S.C. § 618(a). Accessibility NPRM, 26 FCC Rcd at 3200, Appendix B (setting forth proposed new rules 47 C.F.R. §§ 14.30-14.52 - 8.37 entitled ``Subpart D - Recordkeeping, Consumer Dispute Assistance, and Enforcement''). These proposed rules were based in part on Commission formal complaint rules governing other subject matters. See 47 C.F.R. §§ 1.720 - 1.736. Accessibility NPRM, 26 FCC Rcd at 3187, ¶ 141. See Appendix B, §§ 14.38-14.52. ITI Comments at 31 (arguing that the filing of an informal complaint should be a prerequisite to filing a formal complaint). See IT and Telecom RERCs Comments at 42 (such a requirement would ``further inhibit the formal complaint process''). See 47 U.S.C. § 618(a)(3)(A) (``Any person
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-16A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-16A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-16A1.txt
  • to pleadings and documents. * * * * * (f)(1) In the following types of proceedings, all pleadings, including permissible ex parte submissions, notices of ex parte presentations, comments, reply comments, and petitions for reconsideration and replies thereto, must be filed in electronic format: (i) Formal complaint proceedings under Section 208 of the Act and rules in §§ 1.720 through 1.736, and pole attachment complaint proceedings under Section 224 of the Act and rules in §§ 1.1401 through 1.1418; (ii) Proceedings, other than rulemaking proceedings, relating to customer proprietary network information (CPNI); (iii) Proceedings relating to cable special relief petitions; (iv) Proceedings involving Over-the-Air Reception Devices; and (v) Common carrier certifications under rule in § 54.314 of this chapter. (2) Unless
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  • on what we should consider a reasonable time in which to bring inaccessible devices or services into compliance and how best to impose compliance in this context consistent with our proposals for remedies and sanctions discussed above. We also seek input on what constitutes ``reasonable opportunity'' to comment on any proposed remedial action. Formal Complaints Applicability of Sections 1.720 - 1.736. In addition to allowing aggrieved parties an opportunity to file informal complaints, Section 717 states that such parties may use our more formal adjudicative procedures to pursue accessibility claims against manufacturers or service providers under Sections 255, 716, and 718. This Section further directs the Commission to establish regulations that facilitate the filing of such formal claims. To date, Section
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.txt http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.wp
  • matters alleged in the complaint, our rules require the staff to inform the parties of its decision to close-out the 295 See, e.g., NAD comments at 4-5; TDI comments at 6; Advocacy Center comments at 4. Federal Communications Commission FCC 99-181 61 complaint and further advise them of the complainant's right to file a formal complaint pursuant to sections 1.720 -1.736 of the our rules if the complainant desires to pursue formal adjudication of its claims. 138. Second, if the staff determines that there is an unresolved question of compliance by the defendant manufacturer or service, the staff will be authorized to conduct a further investigation or initiate such further proceedings as are necessary to resolve compliance questions and determine what,
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99404.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99404.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99404.txt
  • 410 U.S. 224, 234-38 (1973). For example, the 90-day deadline in section 271(d)(6)(B) for resolving complaints concerning failures by a BOC to meet conditions required for approval suggests that Congress did not intend to afford BOCs trial-type hearings in all post-approval enforcement proceedings. See Non-Accounting Safeguards Order, 11 FCC Rcd at 22077. 47 U.S.C. § 271(d)(6)(B ); 47 C.F.R. § 1.736; Implementation of the Telecommunications Act of 1996, Amendment of Rules Governing Procedures to Be Followed When Formal Complaints Are Filed Against Common Carriers, CC Docket No. 96-238, Report and Order, 12 FCC Rcd 22497, 22610-12 (1997). Non-Accounting Safeguards Order, 11 FCC Rcd at 22066. See supra para 441. Statistical testing can be used, but is not necessary, for metrics using
• http://transition.fcc.gov/eb/Orders/2001/fcc01238.doc http://transition.fcc.gov/eb/Orders/2001/fcc01238.html
  • 1, 4(i), 4(j), 202(a), 208, 251(g), and 271 of Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202(a), 208, 251(g), and 271, that the Formal Complaint filed by AT&T Corporation IS DENIED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720 through 1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, that AT&T's Motion to Strike, dated February 8, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary After AT&T filed this complaint, Bell Atlantic acquired NYNEX, which later merged with GTE to form Verizon Communications, Inc. Notwithstanding these corporate changes, for purposes of clarity this Order refers to the defendant companies
• http://transition.fcc.gov/eb/Orders/2002/DA-02-3414A1.html
  • by postponing the need for further litigation and expenditure of further time and resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Convert Case IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208,
• http://transition.fcc.gov/eb/Orders/2002/DA-02-3547A1.html
  • and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Complainants' motion for default judgment IS GRANTED to the extent indicated herein. 16. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 276, sections 1.720- 1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the defendant in this proceeding IS IN DEFAULT and the factual averments contained in APCC's complaint ARE DEEMED ADMITTED. 17. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276
• http://transition.fcc.gov/eb/Orders/2003/DA-03-1455A1.html
  • but still violate the reasonableness standard of sections 201(b)13 and 202(a).14 Given these circumstances, we deny Metro Teleconnect's Complaint in its entirety.15 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 208, and 251 of the Act, 47 U.S.C. 151, 154(i), 154(j), 201, 202, 208, 251, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720- 1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-captioned formal complaint is DENIED, and this proceeding is hereby TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 U.S.C. 208. See Formal Complaint, Metro Teleconnect Companies, Inc. v. Verizon Maryland Inc., File No. EB-02- MD-016 (filed
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2865A1.html
  • at this stage is appropriate, and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2866A1.html
  • at this stage is appropriate, and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3476A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3477A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and
• http://transition.fcc.gov/eb/Orders/2005/DA-05-18A1.html
  • amended.2 As part of this review, the Commission sought recommendations from the public concerning whether these rules and procedures should be modified or eliminated.3 REVIEW OF RELEVANT RULES The Commission identified the following rule parts containing regulations administered by the Enforcement Bureau for review and comment in the Public Notice: Part 1 - Practice and Procedure - Sections 1.711 to 1.736 set forth rules for the filing of formal complaints against common carriers. Section 1.80 addresses forfeiture penalties applicable to common carriers [and others]. These rules are not competition-related, and thus we cannot find that they are ``no longer necessary in the public interest as the result of meaningful economic competition.'' Accordingly, we find that these rules should be retained. Rules
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1972A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c);
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1974A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c);
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1975A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c);
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1976A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c);
• http://transition.fcc.gov/eb/Orders/2005/DA-05-265A1.html
  • of the Commission's rules, 47 C.F.R. 0.111, 0.131, that Complainants' claims under sections 201(b) and 276 of the Act are GRANTED. 29. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 416 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 416, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720- 1.736, 64.1300-64.1320, and the authority delegated pursuant to sections 0.111 and 0.131 of the Commission's rules, 47 C.F.R. 0.111, 0.131, that Complainants' claim under section 416 of the Act is DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Formal Complaint, File No. EB-03-MD-011 (filed June 3, 2003) (``Complaint''). 2 47 U.S.C. 208. 3 47 U.S.C.
• http://transition.fcc.gov/eb/Orders/2005/DA-05-3072A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaints ARE DISMISSED WITH PREJUDICE in their entirety and the proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c);
• http://transition.fcc.gov/eb/Orders/2005/DA-05-674A1.html
  • 1.724(c), (f), (i), (j), and (k) of the Commission's rules29 with regard to answers. 23. Finally, we waive the requirements of section 1.735(d) of the Commission's rules30 to the extent it requires service by hand delivery and permit complainants to serve defendants by overnight mail. 24. All other rules relating to formal complaints apply in their entirety, including sections 1.725- 1.736 of the Commission's rules.31 IV. ORDERING CLAUSES 25. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that on or
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2150A1.html
  • P 34. Salsgiver Telecom also asserted a request for damages, citing SS 206-209 of the Act, 47 U.S.C. SS 206-209. Complaint at 8-9, P 29. It did not, however, offer proof of any alleged damages, nor did it comply with the Commission's rules for bringing complaints for damages under sections 206-208 of the Act. See 47 C.F.R. SS 1.720 - 1.736. As a result of these deficiencies, we are unable to assess the merits of Salsgiver Telecom's request for damages and therefore deny it. Complaint at 7-9, PP 24-30. See Fiber Technologies Networks, L.L.C. v. North Pittsburgh Tel. Co., File No. EB-05-MD-014 (Complaint filed July 8, 2005); DQE Communications Network Servs. v. North Pittsburgh Tel. Co., File No. EB-05-MD-027 (Complaint filed
• http://transition.fcc.gov/eb/Orders/2007/DA-07-667A1.html
  • of this review, the Commission sought recommendations from the public concerning whether these rules and procedures should be modified or eliminated. II. SCOPE OF REVIEW 2. The Commission identified the following rule parts containing regulations administered by the Enforcement Bureau for review and comment in the Public Notice: Part 1 - Practice and Procedure - Sections 1.711 and 1.720 to 1.736 set forth rules for the filing of formal complaints against common carriers. Sections 1.80 and 1.89 of the Commission's rules address forfeiture proceedings and penalties and Notice of Violations proceedings. Increased competition in the marketplace does not diminish the need for these rules, and thus we do not find that they are no longer necessary in the public interest as
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • Farmers' Opening Brief at 2, 14. 47 C.F.R. S: 1.725 ("Cross-complaints seeking any relief within the jurisdiction of the Commission against any carrier that is a party (complainant or defendant) to that proceeding are expressly prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint in accordance with S:S: 1.720 through 1.736. For purposes of this subpart, the term `cross-complaint' shall include counterclaims."). See U.S. Telepacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24555-56, P: 8 (2004) (citing "long-standing Commission precedent" holding that the Commission does not act as a collection agent for carriers with respect to unpaid tariffed charges, and that such
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1580A1.html
  • are satisfied that dismissing the Petition with prejudice will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Act, 47 U.S.C. S:S: 154(i), 154(j), 208, and sections 1.106, 1.720 - 1.736 of the Commission's rules, 47 C.F.R. S:S: 1.106, 1.720 - 1.736, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, that MAP Mobile Communications, Inc.'s Notice of Settlement and Request for Dismissal of Petition for Reconsideration IS GRANTED and its Petition for Partial Reconsideration or Clarification is hereby DISMISSED WITH PREJUDICE.
• http://transition.fcc.gov/eb/Orders/2009/DA-09-2028A1.html
  • eliminating the need for further litigation and the expenditure of additional time and resources of the parties and this Commission. 4. Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. S:S: 151, 154(i), 154(j), and 208, and the authority delegated in sections 0.111, 0.311, and 1.720 - 1.736 of the Commission's rules, 47 C.F.R. S:S: 0.111, 0.311, and 1.720 - 1.736, that the Motion is GRANTED, and that the Complaint in this proceeding is DISMISSED with prejudice. FEDERAL COMMUNICATIONS COMMISSION Lisa J. Saks Assistant Chief, Market Disputes Resolution Division Enforcement Bureau APCC Services Inc. v. Dollar Phone Corp., RespOrgUSA, Inc., Dollar Phone Access, Inc., Dollar Phone Enterprise, Inc.,
• http://transition.fcc.gov/eb/Public_Notices/DA-02-293A1.html
  • C.F.R. 1.718. 2 See Enforcement Bureau Staff to Convene Meeting to Discuss Procedures for Resolving End User Common Line Informal Complaints, Public Notice, 16 FCC Rcd 9373 (MDRD 2001); Summary of Enforcement Bureau's Multi-Party Initial Meeting Regarding Procedures for Resolving End User Common Line Informal Complaints, Public Notice, 16 FCC Rcd 11,874 (MDRD 2001). 3 See 47 C.F.R. 1.720 - 1.736. 4 47 C.F.R. 1.720 - 1.736. In this regard, complainants must attach a copy of the underlying informal complaint to the formal complaint being filed. 5 See 47 C.F.R. 1.718. See also Informal Complaints Filed By Independent Payphone Service Providers Against Various Local Exchange Carriers Seeking Refunds of End User Common Line Charges, File No. 89-170, DA 99-1858, Common Carrier
• http://transition.fcc.gov/eb/mdrd/Welcome.html
  • stage. This can be in the form of sworn affidavits, and documentary evidence. Formal complaint proceedings are resolved by a written order issued by the Bureau or the full Commission. Recent Section 208 formal complaint orders may be found at [22]http://www.fcc.gov/eb/mdrd/c208.html. Before filing a formal complaint, carefully review the applicable procedural rules, which are found at 47 C.F.R. 1.721 - 1.736. Additional information can be found in the FCC's Report and Order adopting these rules, published in the FCC Record at 12 FCC Rcd 22497 (1997) and the Order on Reconsideration in that proceeding, which can be found in the FCC Record at 16 FCC Rcd 5681 (2001). Note that a filing fee is required for all formal complaints. See 47
• http://transition.fcc.gov/eb/mdrd/rules/1730.html
  • at another source, such as the web site of the Government Printing Office, [1]http://www.gpoaccess.gov/index.html. Sec. 1.730 The Enforcement Bureau's Accelerated Docket. (a) Parties to formal complaint proceedings against common carriers within the responsibility of the Enforcement Bureau (see Secs. 0.111, 0.311, 0.314 of this chapter) may request inclusion on the Bureau's Accelerated Docket. As set out in Secs. 1.720 through 1.736, proceedings on the Accelerated Docket are subject to shorter pleading deadlines and certain other procedural rules that do not apply to other formal complaint proceedings before the Enforcement Bureau. (b) Any party that contemplates filing a formal complaint may submit a request to the Chief of the Enforcement Bureau's Market Disputes Resolution Division, either by phone or in writing, seeking
• http://transition.fcc.gov/ownership/roundtable_docs/waldfogel-c.pdf
  • Standard errors in parentheses. 40 Table 6: 1997 Group Listening and Targeted Stations (IV) All Listening Non-Black Listening Black Listening Non-Hisp. Listening Hispanic Listening All Listening Non-Black Listening Black Listening Non-Hisp. Listening Hispanic Listening Dep. Var. = AQH*100 Dep. Var.= ln(AQH/(1-AQH)) Constant 13.100* (0.425) 11.871* (0.805) 11.222* (1.683) 12.817* (0.956) 15.031* (1.502) -1.878* (0.032) -1.977* (0.062) -1.992* (0.119) -1.900* (0.072) -1.736* (0.106) All Stations 0.109* (0.017) 0.008* (0.001) Non-Black-Targeted Stations 0.142* (0.025) 0.160* (0.051) 0.011* (0.002) 0.011* (0.004) Black-Targeted Stations 0.088 (0.103) 0.747* (0.214) 0.007 (0.008) 0.051* (0.015) Non-Hispanic- Targeted Stations 0.122* (0.035) 0.063 (0.055) 0.009* (0.003) 0.005 (0.004) Hispanic-Targeted Stations -0.006 (0.061) 0.197* (0.096) -0.002 (0.005) 0.014* (0.007) R-sq 0.1484 0.2250 0.1928 0.3128 0.1137 0.1453 0.2197 0.1793 0.3060 0.1138 N
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.txt http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99181.wp
  • matters alleged in the complaint, our rules require the staff to inform the parties of its decision to close-out the 295 See, e.g., NAD comments at 4-5; TDI comments at 6; Advocacy Center comments at 4. Federal Communications Commission FCC 99-181 61 complaint and further advise them of the complainant's right to file a formal complaint pursuant to sections 1.720 -1.736 of the our rules if the complainant desires to pursue formal adjudication of its claims. 138. Second, if the staff determines that there is an unresolved question of compliance by the defendant manufacturer or service, the staff will be authorized to conduct a further investigation or initiate such further proceedings as are necessary to resolve compliance questions and determine what,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99404.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99404.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99404.txt
  • 410 U.S. 224, 234-38 (1973). For example, the 90-day deadline in section 271(d)(6)(B) for resolving complaints concerning failures by a BOC to meet conditions required for approval suggests that Congress did not intend to afford BOCs trial-type hearings in all post-approval enforcement proceedings. See Non-Accounting Safeguards Order, 11 FCC Rcd at 22077. 47 U.S.C. § 271(d)(6)(B ); 47 C.F.R. § 1.736; Implementation of the Telecommunications Act of 1996, Amendment of Rules Governing Procedures to Be Followed When Formal Complaints Are Filed Against Common Carriers, CC Docket No. 96-238, Report and Order, 12 FCC Rcd 22497, 22610-12 (1997). Non-Accounting Safeguards Order, 11 FCC Rcd at 22066. See supra para 441. Statistical testing can be used, but is not necessary, for metrics using
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00237.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00237.txt
  • 1998, and WorldCom Reply at 3 - 4, filed July 13, 1999. Id. To the extent that parties can demonstrate that the BOCs or their designees are not administering toll free numbers pursuant to the terms of their own tariff, they may pursue an enforcement action to ensure that the terms of the tariff are met. See sections 1.701 - 1.736 of the Commission's rules, 47 C.F.R. §§ 1.701 - 1.736. See Third Report and Order. In the Second Report and Order, the Commission sought comment on whether access to the database should still be provided pursuant to tariff if there is ultimately a new administrator of the database and if so, what party or entity should file the tariff. Second
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Intl/4361-98.pdf
  • 0.0 $1,833,02691.8 0.0 8.2 0.0 0.0 12,154,46038.918.035.5 0.2 7.3 Libya $989,75662.7 1.528.4 3.9 3.6 $116,53098.5 0.0 0.0 0.0 1.5 $194,04098.5 0.0 0.0 0.0 1.5 935,66356.9 5.326.4 4.4 7.0 Madagascar $322,308 2.823.9 2.6 7.063.7 $1,82325.0 0.0 1.0 0.074.1 $3,57699.5 0.0 0.5 0.0 0.0 480,368 0.725.2 1.7 2.470.0 Malawi $1,139,79659.8 1.124.5 9.4 5.2 $273,88541.1 0.055.9 0.0 3.0 $353,01752.2 0.047.8 0.0 0.0 1,981,60146.1 1.736.6 7.6 8.0 Mali $9,214,03665.5 1.426.1 2.3 4.6 $177,05699.7 0.0 0.1 0.0 0.2 $593,96426.8 0.071.1 0.0 2.1 8,524,85756.7 2.132.7 1.7 6.7 Mauritania $2,688,92189.9 1.6 6.4 1.0 1.1 $161,99699.0 0.0 0.0 0.0 1.0 $315,78099.5 0.0 0.0 0.0 0.5 3,102,27790.1 2.6 4.7 0.8 1.8 Mauritius $16,177,88075.2 2.8 1.014.4 6.6 $448,68884.6 0.0 0.0 0.015.4 $566,42366.9 0.0 0.0 0.033.1 14,617,36462.5 5.1 0.817.813.7 Morocco $55,095,35782.5 0.412.7
• http://www.fcc.gov/eb/Orders/2001/fcc01238.doc http://www.fcc.gov/eb/Orders/2001/fcc01238.html
  • 1, 4(i), 4(j), 202(a), 208, 251(g), and 271 of Act, as amended, 47 U.S.C. §§ 151, 154(i), 154(j), 202(a), 208, 251(g), and 271, that the Formal Complaint filed by AT&T Corporation IS DENIED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Act, as amended, 47 U.S.C. §§ 154(i), 154(j), and 208, and sections 1.720 through 1.736 of the Commission's rules, 47 C.F.R. §§ 1.720-1.736, that AT&T's Motion to Strike, dated February 8, 1999, IS DENIED. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary After AT&T filed this complaint, Bell Atlantic acquired NYNEX, which later merged with GTE to form Verizon Communications, Inc. Notwithstanding these corporate changes, for purposes of clarity this Order refers to the defendant companies
• http://www.fcc.gov/eb/Orders/2002/DA-02-3414A1.html
  • by postponing the need for further litigation and expenditure of further time and resources of the parties and of this Commission until such time as may actually be necessary. Accordingly, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208, and sections 1.3, 1.716-18, and 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.3, 1.716-18, 1.720-36, and the authority delegated in sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Joint Motion to Convert Case IS GRANTED. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), and 208,
• http://www.fcc.gov/eb/Orders/2002/DA-02-3547A1.html
  • and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the Complainants' motion for default judgment IS GRANTED to the extent indicated herein. 16. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 276 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 276, sections 1.720- 1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720-1.736, 64.1300-64.1320, and authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the defendant in this proceeding IS IN DEFAULT and the factual averments contained in APCC's complaint ARE DEEMED ADMITTED. 17. IT IS FURTHER ORDERED, pursuant to sections 1, 4(i), 4(j), 208 and 276
• http://www.fcc.gov/eb/Orders/2003/DA-03-1455A1.html
  • but still violate the reasonableness standard of sections 201(b)13 and 202(a).14 Given these circumstances, we deny Metro Teleconnect's Complaint in its entirety.15 4. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), 201, 202, 208, and 251 of the Act, 47 U.S.C. 151, 154(i), 154(j), 201, 202, 208, 251, and sections 1.720-1.736 of the Commission's rules, 47 C.F.R. 1.720- 1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111, 0.311, that the above-captioned formal complaint is DENIED, and this proceeding is hereby TERMINATED. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 U.S.C. 208. See Formal Complaint, Metro Teleconnect Companies, Inc. v. Verizon Maryland Inc., File No. EB-02- MD-016 (filed
• http://www.fcc.gov/eb/Orders/2004/DA-04-2865A1.html
  • at this stage is appropriate, and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief, Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and
• http://www.fcc.gov/eb/Orders/2004/DA-04-2866A1.html
  • at this stage is appropriate, and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and
• http://www.fcc.gov/eb/Orders/2004/DA-04-3476A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and
• http://www.fcc.gov/eb/Orders/2004/DA-04-3477A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Radhika V. Karmarkar Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and
• http://www.fcc.gov/eb/Orders/2005/DA-05-18A1.html
  • amended.2 As part of this review, the Commission sought recommendations from the public concerning whether these rules and procedures should be modified or eliminated.3 REVIEW OF RELEVANT RULES The Commission identified the following rule parts containing regulations administered by the Enforcement Bureau for review and comment in the Public Notice: Part 1 - Practice and Procedure - Sections 1.711 to 1.736 set forth rules for the filing of formal complaints against common carriers. Section 1.80 addresses forfeiture penalties applicable to common carriers [and others]. These rules are not competition-related, and thus we cannot find that they are ``no longer necessary in the public interest as the result of meaningful economic competition.'' Accordingly, we find that these rules should be retained. Rules
• http://www.fcc.gov/eb/Orders/2005/DA-05-1972A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c);
• http://www.fcc.gov/eb/Orders/2005/DA-05-1974A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c);
• http://www.fcc.gov/eb/Orders/2005/DA-05-1975A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c);
• http://www.fcc.gov/eb/Orders/2005/DA-05-1976A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaint IS DISMISSED WITH PREJUDICE in its entirety and the proceeding is TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c);
• http://www.fcc.gov/eb/Orders/2005/DA-05-265A1.html
  • of the Commission's rules, 47 C.F.R. 0.111, 0.131, that Complainants' claims under sections 201(b) and 276 of the Act are GRANTED. 29. IT IS FURTHER ORDERED, pursuant to sections 4(i), 4(j), 208, and 416 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 208, and 416, sections 1.720-1.736 and 64.1300-64.1320 of the Commission's rules, 47 C.F.R. 1.720- 1.736, 64.1300-64.1320, and the authority delegated pursuant to sections 0.111 and 0.131 of the Commission's rules, 47 C.F.R. 0.111, 0.131, that Complainants' claim under section 416 of the Act is DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 Formal Complaint, File No. EB-03-MD-011 (filed June 3, 2003) (``Complaint''). 2 47 U.S.C. 208. 3 47 U.S.C.
• http://www.fcc.gov/eb/Orders/2005/DA-05-3072A1.html
  • at this stage is appropriate and will serve the public interest by promoting the private resolution of disputes and eliminating the expenditure of further time and resources of the parties and the Commission. 3. ACCORDINGLY, IT IS ORDERED, pursuant to sections 1, 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 151, 154(i), 154(j), 208, sections 1.720- 1.736 of the Commission's rules, 47 C.F.R. 1.720-1.736, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that the above-captioned complaints ARE DISMISSED WITH PREJUDICE in their entirety and the proceedings ARE TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Rosemary McEnery, Deputy Chief Market Disputes Resolution Division Enforcement Bureau _________________________ 147 U.S.C. 201(b) and 203(c);
• http://www.fcc.gov/eb/Orders/2005/DA-05-674A1.html
  • 1.724(c), (f), (i), (j), and (k) of the Commission's rules29 with regard to answers. 23. Finally, we waive the requirements of section 1.735(d) of the Commission's rules30 to the extent it requires service by hand delivery and permit complainants to serve defendants by overnight mail. 24. All other rules relating to formal complaints apply in their entirety, including sections 1.725- 1.736 of the Commission's rules.31 IV. ORDERING CLAUSES 25. ACCORDINGLY, IT IS ORDERED, pursuant to sections 4(i), 4(j), and 208 of the Communications Act, as amended, 47 U.S.C. 154(i), 154(j), 208, section 1.3 of the Commission's rules, 47 C.F.R. 1.3, and the authority delegated by sections 0.111 and 0.311 of the Commission's rules, 47 C.F.R. 0.111 and 0.311, that on or
• http://www.fcc.gov/eb/Orders/2007/DA-07-2150A1.html
  • P 34. Salsgiver Telecom also asserted a request for damages, citing SS 206-209 of the Act, 47 U.S.C. SS 206-209. Complaint at 8-9, P 29. It did not, however, offer proof of any alleged damages, nor did it comply with the Commission's rules for bringing complaints for damages under sections 206-208 of the Act. See 47 C.F.R. SS 1.720 - 1.736. As a result of these deficiencies, we are unable to assess the merits of Salsgiver Telecom's request for damages and therefore deny it. Complaint at 7-9, PP 24-30. See Fiber Technologies Networks, L.L.C. v. North Pittsburgh Tel. Co., File No. EB-05-MD-014 (Complaint filed July 8, 2005); DQE Communications Network Servs. v. North Pittsburgh Tel. Co., File No. EB-05-MD-027 (Complaint filed
• http://www.fcc.gov/eb/Orders/2007/DA-07-667A1.html
  • of this review, the Commission sought recommendations from the public concerning whether these rules and procedures should be modified or eliminated. II. SCOPE OF REVIEW 2. The Commission identified the following rule parts containing regulations administered by the Enforcement Bureau for review and comment in the Public Notice: Part 1 - Practice and Procedure - Sections 1.711 and 1.720 to 1.736 set forth rules for the filing of formal complaints against common carriers. Sections 1.80 and 1.89 of the Commission's rules address forfeiture proceedings and penalties and Notice of Violations proceedings. Increased competition in the marketplace does not diminish the need for these rules, and thus we do not find that they are no longer necessary in the public interest as
• http://www.fcc.gov/eb/Orders/2007/FCC-07-175A1.html
  • Farmers' Opening Brief at 2, 14. 47 C.F.R. S: 1.725 ("Cross-complaints seeking any relief within the jurisdiction of the Commission against any carrier that is a party (complainant or defendant) to that proceeding are expressly prohibited. Any claim that might otherwise meet the requirements of a cross-complaint may be filed as a separate complaint in accordance with S:S: 1.720 through 1.736. For purposes of this subpart, the term `cross-complaint' shall include counterclaims."). See U.S. Telepacific Corp. v. Tel-America of Salt Lake City, Inc., Memorandum Opinion and Order, 19 FCC Rcd 24552, 24555-56, P: 8 (2004) (citing "long-standing Commission precedent" holding that the Commission does not act as a collection agent for carriers with respect to unpaid tariffed charges, and that such
• http://www.fcc.gov/eb/Public_Notices/DA-02-293A1.html
  • C.F.R. 1.718. 2 See Enforcement Bureau Staff to Convene Meeting to Discuss Procedures for Resolving End User Common Line Informal Complaints, Public Notice, 16 FCC Rcd 9373 (MDRD 2001); Summary of Enforcement Bureau's Multi-Party Initial Meeting Regarding Procedures for Resolving End User Common Line Informal Complaints, Public Notice, 16 FCC Rcd 11,874 (MDRD 2001). 3 See 47 C.F.R. 1.720 - 1.736. 4 47 C.F.R. 1.720 - 1.736. In this regard, complainants must attach a copy of the underlying informal complaint to the formal complaint being filed. 5 See 47 C.F.R. 1.718. See also Informal Complaints Filed By Independent Payphone Service Providers Against Various Local Exchange Carriers Seeking Refunds of End User Common Line Charges, File No. 89-170, DA 99-1858, Common Carrier
• http://www.fcc.gov/eb/mdrd/Welcome.html
  • stage. This can be in the form of sworn affidavits, and documentary evidence. Formal complaint proceedings are resolved by a written order issued by the Bureau or the full Commission. Recent Section 208 formal complaint orders may be found at [22]http://www.fcc.gov/eb/mdrd/c208.html. Before filing a formal complaint, carefully review the applicable procedural rules, which are found at 47 C.F.R. 1.721 - 1.736. Additional information can be found in the FCC's Report and Order adopting these rules, published in the FCC Record at 12 FCC Rcd 22497 (1997) and the Order on Reconsideration in that proceeding, which can be found in the FCC Record at 16 FCC Rcd 5681 (2001). Note that a filing fee is required for all formal complaints. See 47
• http://www.fcc.gov/eb/mdrd/rules/1730.html
  • at another source, such as the web site of the Government Printing Office, [1]http://www.gpoaccess.gov/index.html. Sec. 1.730 The Enforcement Bureau's Accelerated Docket. (a) Parties to formal complaint proceedings against common carriers within the responsibility of the Enforcement Bureau (see Secs. 0.111, 0.311, 0.314 of this chapter) may request inclusion on the Bureau's Accelerated Docket. As set out in Secs. 1.720 through 1.736, proceedings on the Accelerated Docket are subject to shorter pleading deadlines and certain other procedural rules that do not apply to other formal complaint proceedings before the Enforcement Bureau. (b) Any party that contemplates filing a formal complaint may submit a request to the Chief of the Enforcement Bureau's Market Disputes Resolution Division, either by phone or in writing, seeking
• http://www.fcc.gov/ownership/roundtable_docs/waldfogel-c.pdf
  • Standard errors in parentheses. 40 Table 6: 1997 Group Listening and Targeted Stations (IV) All Listening Non-Black Listening Black Listening Non-Hisp. Listening Hispanic Listening All Listening Non-Black Listening Black Listening Non-Hisp. Listening Hispanic Listening Dep. Var. = AQH*100 Dep. Var.= ln(AQH/(1-AQH)) Constant 13.100* (0.425) 11.871* (0.805) 11.222* (1.683) 12.817* (0.956) 15.031* (1.502) -1.878* (0.032) -1.977* (0.062) -1.992* (0.119) -1.900* (0.072) -1.736* (0.106) All Stations 0.109* (0.017) 0.008* (0.001) Non-Black-Targeted Stations 0.142* (0.025) 0.160* (0.051) 0.011* (0.002) 0.011* (0.004) Black-Targeted Stations 0.088 (0.103) 0.747* (0.214) 0.007 (0.008) 0.051* (0.015) Non-Hispanic- Targeted Stations 0.122* (0.035) 0.063 (0.055) 0.009* (0.003) 0.005 (0.004) Hispanic-Targeted Stations -0.006 (0.061) 0.197* (0.096) -0.002 (0.005) 0.014* (0.007) R-sq 0.1484 0.2250 0.1928 0.3128 0.1137 0.1453 0.2197 0.1793 0.3060 0.1138 N
• http://www.fcc.gov/slamming/part64.pdf
  • by the carrier to re- spond or provide proof of verification VerDate 0ct<09>2002 01:11 Oct 24, 2002Jkt 197190PO 00000Frm 00272Fmt 8010Sfmt 8010Y:\SGML\197190T.XXX197190T 273 Federal Communications Commission §64.1160 will be presumed to be clear and con- vincing evidence of a violation. (e) Election of Forum. The Federal Communications Commission will not adjudicate a complaint filed pursuant to §1.719 or §§1.720 through 1.736 of this chapter, involving an alleged unauthor- ized change, as defined by §64.1100(e), while a complaint based on the same set of facts is pending with a state commission. [65 FR 47692, Aug. 3, 2000] §64.1160Absolution procedures where the subscriber has not paid charges. (a) This section shall only apply after a subscriber has determined that an unauthorized change, as