FCC Web Documents citing 64.1110
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2264A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2264A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2264A1.txt
- rules, including requirements regarding third party verifications. We find that, in the special circumstances of this case, waiver of the streamlined notice requirement, for the limited period when BellSouth would provide service pursuant to the Louisiana continuity agreement, would serve the public interest. For the foregoing reasons, we grant BellSouth a waiver of the notification requirements of 47 C.F.R. §§ 64.1110 et seq. for the limited purposes described above. The grant of this waiver is conditioned upon BellSouth's compliance with the verification requirements of §§ 64.1110 et seq, including third party verification, for those affected end-users that ultimately select BellSouth as their service provider. Ordering Clauses Accordingly, pursuant to authority contained in Sections 1, 4, and 258 of the Communications Act
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-214A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-214A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-214A1.txt
- unauthorized change. Id. See 47 C.F.R. §§ 64.1140, 64.1170. See 47 U.S.C. § 503. 47 C.F.R. § 1.719 (Commission procedure for informal complaints filed pursuant to Section 258 of the Act); 47 C.F.R. § 64.1150 (procedures for resolution of unauthorized changes in preferred carrier). Vox's Response to Informal Complaint No. IC 03-S83878, received January 9, 2004. See 47 C.F.R. §§ 64.1110(b), 64.1130(e)(5)(i). See 47 C.F.R. § 64.1150(d). If Complainant is unsatisfied with the resolution of this complaint, Complainant may file a formal complaint with the Commission pursuant to Section 1.721 of the Commission's rules, 47 C.F.R. § 1.721. Such filing will be deemed to relate back to the filing date of Complainant's informal complaint so long as the formal complaint is
- 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
- circumstances, to remain silently on the line during verification. Need: Part 64, subpart K attempts to eliminate the fraudulent practice of ``slamming,'' foster consumer choice, and facilitate competition in the market for telecommunications services. Establishing verification requirements, liability rules, and complaint resolution procedures assists the Commission in preventing slamming. Legal Basis: 47 U.S.C. 258. Section Number and Title: 64.1100 Definitions. 64.1110 State notification of election to administer FCC rules. 64.1120 Verification of orders for telecommunications service. 64.1130 Letter of agency form and content. 64.1140 Carrier liability for slamming. 64.1150 Procedures for resolution of unauthorized changes in preferred c carrier. 64.1160 Absolution procedures where the subscriber has not paid charges. 64.1170 Reimbursement procedures where the subscriber has paid charges. 64.1190 Preferred carrier
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-346A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-346A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-346A1.txt
- § 64.1150(d). See Petition at 3-4. See Response at 1. The term unauthorized carrier is generally any telecommunications carrier that submits a change, on behalf of a subscriber, in the subscriber's selection of a provider of telecommunications service but fails to obtain the subscriber's authorization verified in accordance with the procedures specified in this part (emphasis added). 47 C.F.R. § 64.1110(d). Federal Communications Commission DA 07-346 Federal Communications Commission DA 07-346 1 < Œ Ÿ `n‡ ¹ Ä õ þ
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4789A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4789A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4789A1.txt
- and the woman pronounced it, verifying a first name is not sufficient to elicit the identity of the subscriber. In addition, while the verifier did confirm that the person on the call was authorized to make the carrier change, such confirmation is a separate requirement and confirms that the person on the call is a subscriber as defined by Section 64.1110(h) of the Commission's rules. Such confirmation, however, does not elicit the identity of the subscriber. Finally, SBC argues that confirmation of the subscriber's identity was obtained when the third-party verifier asked the subscriber to provide the month and day of her birth, which she provided. Providing one's month and day of birth satisfies the requirement that the verifier obtain personally
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-203306A1.doc
- is changed to ``1544. 4. On page 37, paragraph 91, the text ``... the effective date of this section'' is replaced with ``...the effective date of these sections.'' 5. In Appendix A, page 1, at paragraph 2 under ``Part 64 of the Commission's Rules...,'' the text ``...if further amended...'' is changed to ``...is further amended...'' 6. In Appendix A, Section 64.1110(a), the text ``... the Commission Secretary in CC Docket No. 99-129...'' is changed to ``...the Commission Secretary in CC Docket No. 94-129...'' 7. In Appendix A, Section 64.1110(b), the text ``... the Commission Secretary in CC Docket No. 99-129...'' is changed to ``...the Commission Secretary in CC Docket No. 94-129...'' 8. In Appendix A, Section 64.1150(c), the text ``...order that
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-135A1.txt
- The collections of information contained in sections 64.1150, 64.1160, and 64.1170 are contingent upon approval by the Office of Management and Budget. The procedures and relief described in these sections shall only be available to complainants who allege that the unauthorized carrier change occurred on or after the effective date of this section. IT IS FURTHER ORDERED that sections 1.719, 64.1110, 64.1120, 64.1140, and 64.1160 ARE ENACTED in accordance with our discussion above, and that these rules are effective 30 days from publication of a summary of the text in the Federal Register or on the date when the requirements adopted in the Second Report and Order and Further Notice of Proposed Rulemaking in this proceeding become effective, whichever is later.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-55A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-55A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-55A1.txt
- reasonable charge . . . and what classification, regulation, or practice is or will be just, fair, and reasonable. . . .'' Leap adds that whether carriers can include separate line items associated with regulatory action on their bills is a ``practice, classification, or regulation'' under the Commission's express authority. See Leap Comments at 17. See, e.g., 47 C.F.R. § 64.1110. In this example, our rules against ``slamming,'' which is an unauthorized change in a subscriber's selection of a provider of telephone exchange service or telephone toll service, provide that state commissions may elect to administer our slamming rules. In adopting these rules, however, the Commission recognized that not all states have the resources to resolve slamming complaints, or may not
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-223A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-223A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-223A1.txt
- is amended as follows: PART 64 - MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 1. The authority citation for part 64 as of January 3, 2008 continues to read as follows: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B),(c), Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 228, and 254(k) unless otherwise noted. 2. Section 64.1110 is amended by revising the second sentence in paragraph (a) and the second sentence in paragraph (b), to read as follows: § 64.1110 State notification of election to administer FCC rules. (a) * * * State notification of an intention to administer the Federal Communications Commission's unauthorized carrier change rules and remedies, as enumerated in §§ 64.1100 through 64.1190, shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.txt
- 1996; Policies and Rules Concerning Unauthorized Changes of Consumers' Long Distance Carriers, CC Docket No. 94-129, First Order on Reconsideration, 15 FCC Rcd 8158, 8161-63, paras. 8, 10 (May 3, 2000) (citing 1998 Slamming Order, 14 FCC Rcd at 1518-19, paras. 13-14). See 47 C.F.R. §§ 64.1140(a), 64.1170. . See 47 C.F.R. § 64.1150. See id. Cf. 47 C.F.R. §§ 64.1110, 64.1150(b) (permitting state commissions to administer slamming rules). See 47 C.F.R. § 64.1120(e). See 47 C.F.R. § 64.1130. See 47 C.F.R. § 64.1190 (governing preferred carrier freezes). See 1998 Slamming Order, 14 FCC Rcd at 1576-79, paras. 93-99. 47 C.F.R. § 1.80(b)(4). . . 47 U.S.C. § 222. See Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer
- http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.txt
- The collections of information contained in sections 64.1150, 64.1160, and 64.1170 are contingent upon approval by the Office of Management and Budget. The procedures and relief described in these sections shall only be available to complainants who allege that the unauthorized carrier change occurred on or after the effective date of these sections. IT IS FURTHER ORDERED that sections 1.719, 64.1110, 64.1120, 64.1140, and 64.1160 ARE ENACTED in accordance with our discussion above, and that these rules are effective 30 days from publication of a summary of the text in the Federal Register or on the date when the requirements adopted in the Second Report and Order and Further Notice of Proposed Rulemaking in this proceeding become effective, whichever is later.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.txt
- The collections of information contained in sections 64.1150, 64.1160, and 64.1170 are contingent upon approval by the Office of Management and Budget. The procedures and relief described in these sections shall only be available to complainants who allege that the unauthorized carrier change occurred on or after the effective date of these sections. IT IS FURTHER ORDERED that sections 1.719, 64.1110, 64.1120, 64.1140, and 64.1160 ARE ENACTED in accordance with our discussion above, and that these rules are effective 30 days from publication of a summary of the text in the Federal Register or on the date when the requirements adopted in the Second Report and Order and Further Notice of Proposed Rulemaking in this proceeding become effective, whichever is later.
- http://www.fcc.gov/slamming/part64.pdf
- accordance with the verification procedures specified in this part. (f) The term state commission shall in- clude any state entity with the state- designated authority to resolve the complaints of such state's residents arising out of an allegation that an un- authorized change of a telecommuni- cation service provider has occurred that has elected, in accordance with the requirements of §64.1110(a), to ad- minister the Federal Communications Commission's slamming rules and rem- edies, as enumerated in §§64.1100 through 64.1190. VerDate 0ct<09>2002 01:11 Oct 24, 2002Jkt 197190PO 00000Frm 00267Fmt 8010Sfmt 8010Y:\SGML\197190T.XXX197190T 268 47 CFR Ch. I (10102 Edition) §64.1110 (g) The term relevant governmental agency shall be the state commission if the complainant files a complaint with the state commission or if
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2264A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2264A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-2264A1.txt
- rules, including requirements regarding third party verifications. We find that, in the special circumstances of this case, waiver of the streamlined notice requirement, for the limited period when BellSouth would provide service pursuant to the Louisiana continuity agreement, would serve the public interest. For the foregoing reasons, we grant BellSouth a waiver of the notification requirements of 47 C.F.R. §§ 64.1110 et seq. for the limited purposes described above. The grant of this waiver is conditioned upon BellSouth's compliance with the verification requirements of §§ 64.1110 et seq, including third party verification, for those affected end-users that ultimately select BellSouth as their service provider. Ordering Clauses Accordingly, pursuant to authority contained in Sections 1, 4, and 258 of the Communications Act
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-214A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-214A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-214A1.txt
- unauthorized change. Id. See 47 C.F.R. §§ 64.1140, 64.1170. See 47 U.S.C. § 503. 47 C.F.R. § 1.719 (Commission procedure for informal complaints filed pursuant to Section 258 of the Act); 47 C.F.R. § 64.1150 (procedures for resolution of unauthorized changes in preferred carrier). Vox's Response to Informal Complaint No. IC 03-S83878, received January 9, 2004. See 47 C.F.R. §§ 64.1110(b), 64.1130(e)(5)(i). See 47 C.F.R. § 64.1150(d). If Complainant is unsatisfied with the resolution of this complaint, Complainant may file a formal complaint with the Commission pursuant to Section 1.721 of the Commission's rules, 47 C.F.R. § 1.721. Such filing will be deemed to relate back to the filing date of Complainant's informal complaint so long as the formal complaint is
- 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
- circumstances, to remain silently on the line during verification. Need: Part 64, subpart K attempts to eliminate the fraudulent practice of ``slamming,'' foster consumer choice, and facilitate competition in the market for telecommunications services. Establishing verification requirements, liability rules, and complaint resolution procedures assists the Commission in preventing slamming. Legal Basis: 47 U.S.C. 258. Section Number and Title: 64.1100 Definitions. 64.1110 State notification of election to administer FCC rules. 64.1120 Verification of orders for telecommunications service. 64.1130 Letter of agency form and content. 64.1140 Carrier liability for slamming. 64.1150 Procedures for resolution of unauthorized changes in preferred c carrier. 64.1160 Absolution procedures where the subscriber has not paid charges. 64.1170 Reimbursement procedures where the subscriber has paid charges. 64.1190 Preferred carrier
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-346A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-346A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-346A1.txt
- § 64.1150(d). See Petition at 3-4. See Response at 1. The term unauthorized carrier is generally any telecommunications carrier that submits a change, on behalf of a subscriber, in the subscriber's selection of a provider of telecommunications service but fails to obtain the subscriber's authorization verified in accordance with the procedures specified in this part (emphasis added). 47 C.F.R. § 64.1110(d). Federal Communications Commission DA 07-346 Federal Communications Commission DA 07-346 1 < Œ Ÿ `n‡ ¹ Ä õ þ
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4789A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4789A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4789A1.txt
- and the woman pronounced it, verifying a first name is not sufficient to elicit the identity of the subscriber. In addition, while the verifier did confirm that the person on the call was authorized to make the carrier change, such confirmation is a separate requirement and confirms that the person on the call is a subscriber as defined by Section 64.1110(h) of the Commission's rules. Such confirmation, however, does not elicit the identity of the subscriber. Finally, SBC argues that confirmation of the subscriber's identity was obtained when the third-party verifier asked the subscriber to provide the month and day of her birth, which she provided. Providing one's month and day of birth satisfies the requirement that the verifier obtain personally
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-203306A1.doc
- is changed to ``1544. 4. On page 37, paragraph 91, the text ``... the effective date of this section'' is replaced with ``...the effective date of these sections.'' 5. In Appendix A, page 1, at paragraph 2 under ``Part 64 of the Commission's Rules...,'' the text ``...if further amended...'' is changed to ``...is further amended...'' 6. In Appendix A, Section 64.1110(a), the text ``... the Commission Secretary in CC Docket No. 99-129...'' is changed to ``...the Commission Secretary in CC Docket No. 94-129...'' 7. In Appendix A, Section 64.1110(b), the text ``... the Commission Secretary in CC Docket No. 99-129...'' is changed to ``...the Commission Secretary in CC Docket No. 94-129...'' 8. In Appendix A, Section 64.1150(c), the text ``...order that
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-135A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-135A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-135A1.txt
- The collections of information contained in sections 64.1150, 64.1160, and 64.1170 are contingent upon approval by the Office of Management and Budget. The procedures and relief described in these sections shall only be available to complainants who allege that the unauthorized carrier change occurred on or after the effective date of this section. IT IS FURTHER ORDERED that sections 1.719, 64.1110, 64.1120, 64.1140, and 64.1160 ARE ENACTED in accordance with our discussion above, and that these rules are effective 30 days from publication of a summary of the text in the Federal Register or on the date when the requirements adopted in the Second Report and Order and Further Notice of Proposed Rulemaking in this proceeding become effective, whichever is later.
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-55A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-55A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-05-55A1.txt
- reasonable charge . . . and what classification, regulation, or practice is or will be just, fair, and reasonable. . . .'' Leap adds that whether carriers can include separate line items associated with regulatory action on their bills is a ``practice, classification, or regulation'' under the Commission's express authority. See Leap Comments at 17. See, e.g., 47 C.F.R. § 64.1110. In this example, our rules against ``slamming,'' which is an unauthorized change in a subscriber's selection of a provider of telephone exchange service or telephone toll service, provide that state commissions may elect to administer our slamming rules. In adopting these rules, however, the Commission recognized that not all states have the resources to resolve slamming complaints, or may not
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-223A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-223A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-223A1.txt
- is amended as follows: PART 64 - MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 1. The authority citation for part 64 as of January 3, 2008 continues to read as follows: 47 U.S.C. 154, 254(k); secs. 403(b)(2)(B),(c), Pub. L. 104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222, 225, 226, 228, and 254(k) unless otherwise noted. 2. Section 64.1110 is amended by revising the second sentence in paragraph (a) and the second sentence in paragraph (b), to read as follows: § 64.1110 State notification of election to administer FCC rules. (a) * * * State notification of an intention to administer the Federal Communications Commission's unauthorized carrier change rules and remedies, as enumerated in §§ 64.1100 through 64.1190, shall
- http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-151A1.txt
- 1996; Policies and Rules Concerning Unauthorized Changes of Consumers' Long Distance Carriers, CC Docket No. 94-129, First Order on Reconsideration, 15 FCC Rcd 8158, 8161-63, paras. 8, 10 (May 3, 2000) (citing 1998 Slamming Order, 14 FCC Rcd at 1518-19, paras. 13-14). See 47 C.F.R. §§ 64.1140(a), 64.1170. . See 47 C.F.R. § 64.1150. See id. Cf. 47 C.F.R. §§ 64.1110, 64.1150(b) (permitting state commissions to administer slamming rules). See 47 C.F.R. § 64.1120(e). See 47 C.F.R. § 64.1130. See 47 C.F.R. § 64.1190 (governing preferred carrier freezes). See 1998 Slamming Order, 14 FCC Rcd at 1576-79, paras. 93-99. 47 C.F.R. § 1.80(b)(4). . . 47 U.S.C. § 222. See Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer
- http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.txt
- The collections of information contained in sections 64.1150, 64.1160, and 64.1170 are contingent upon approval by the Office of Management and Budget. The procedures and relief described in these sections shall only be available to complainants who allege that the unauthorized carrier change occurred on or after the effective date of these sections. IT IS FURTHER ORDERED that sections 1.719, 64.1110, 64.1120, 64.1140, and 64.1160 ARE ENACTED in accordance with our discussion above, and that these rules are effective 30 days from publication of a summary of the text in the Federal Register or on the date when the requirements adopted in the Second Report and Order and Further Notice of Proposed Rulemaking in this proceeding become effective, whichever is later.
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00135.txt
- The collections of information contained in sections 64.1150, 64.1160, and 64.1170 are contingent upon approval by the Office of Management and Budget. The procedures and relief described in these sections shall only be available to complainants who allege that the unauthorized carrier change occurred on or after the effective date of these sections. IT IS FURTHER ORDERED that sections 1.719, 64.1110, 64.1120, 64.1140, and 64.1160 ARE ENACTED in accordance with our discussion above, and that these rules are effective 30 days from publication of a summary of the text in the Federal Register or on the date when the requirements adopted in the Second Report and Order and Further Notice of Proposed Rulemaking in this proceeding become effective, whichever is later.
- http://www.fcc.gov/slamming/part64.pdf
- accordance with the verification procedures specified in this part. (f) The term state commission shall in- clude any state entity with the state- designated authority to resolve the complaints of such state's residents arising out of an allegation that an un- authorized change of a telecommuni- cation service provider has occurred that has elected, in accordance with the requirements of §64.1110(a), to ad- minister the Federal Communications Commission's slamming rules and rem- edies, as enumerated in §§64.1100 through 64.1190. VerDate 0ct<09>2002 01:11 Oct 24, 2002Jkt 197190PO 00000Frm 00267Fmt 8010Sfmt 8010Y:\SGML\197190T.XXX197190T 268 47 CFR Ch. I (10102 Edition) §64.1110 (g) The term relevant governmental agency shall be the state commission if the complainant files a complaint with the state commission or if