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Background
The Federal Communications Commission (FCC)
uses informal complaints to help consumers resolve problems with
the communications services that the FCC regulates. You should
always first try to resolve any problem directly with the
company causing the problem or sending you a bill for service.
If you can’t resolve the problem directly, you can file an
informal complaint on many issues. Here’s a description of many
of the FCC’s consumer protection requirements (and what you can
file complaints about), and some information about the informal
complaint process.
Informal Complaints to the FCC About
Telephone Service
The FCC regulates telecommunications services
between states and internationally, and imposes numerous consumer
protection requirements on telecommunications service providers.
These requirements include rules to prevent telephone companies
from switching your preferred telephone company for toll calls
without your permission (slamming); placing unauthorized,
deceptive, or misleading charges on your telephone bill
(cramming); and disclosing your calling records without your
permission. In most cases, if you change service providers, your
old provider must “port” your telephone number to your new
provider according to a schedule set by the FCC.
If you have a problem with a telephone
company regarding any of these issues, you can file an informal
complaint with the FCC using one of the methods described below.
If appropriate, the FCC will send your complaint to the telephone
company or companies involved. Telephone companies then have 30
days from receipt of your complaint to respond to you and provide
a copy of the response to the FCC. The FCC reviews all responses
to be certain they address the consumer’s concerns, but does not
issue a ruling or decision on the matter.
The informal complaint process requires no
complicated legal procedures, has no filing charge, and does not
require the complaining party to appear before the FCC.
Informal Complaints to the FCC About Other
Problems
Telemarketing. FCC rules prohibit or
limit unwanted calls from telemarketers, unsolicited fax
advertisements, and unsolicited commercial messages sent to
wireless devices. For more information about these rules, visit
www.fcc.gov/cgb/donotcall.
Access to Communications Services for the
Disabled. FCC rules also mandate that equipment manufacturers
and communications service providers make their products and
services, including 911 emergency services, accessible to
consumers with vision, speech, or hearing disabilities. For more
information about these rules, visit
www.fcc.gov/cgb/dro.
Radio and Television Broadcasting. The
FCC imposes certain limits on radio and television broadcasters.
It prohibits or limits the broadcast of material that is
obscene, indecent, or profane. Broadcasting obscene material
is banned completely, while indecent or profane material may only
be broadcast outside the hours of 6:00 am to 10:00 pm, when
children are not considered likely to be listening or watching.
For more information regarding FCC rules on broadcasts of material
that is obscene, indecent, or profane, visit
www.fcc.gov/eb/oip.
Radio and television broadcasters must be
licensed. Licensed broadcasters must disclose whether they have
received or been promised payment (payola) for airing any material
and identify who paid or promised to pay for it. The FCC also
imposes limits on the broadcasting of contests, lotteries, and
solicitations, and the airing of false information, if the false
information can cause public harm. FCC rules dictate the amount of
educational programming broadcasters must air and limit
advertisements during children’s programming. For more information
about these rules, visit
www.fcc.gov/mb.
Political Programming. The FCC
requires broadcasters and satellite television providers to offer
reasonable access to qualified candidates for federal office. In
addition, broadcasters as well as cable and satellite television
providers are required to offer equal opportunities to opposing
candidates running for the same office.
Equipment Authorization. The FCC
operates a program to authorize equipment that uses the radio
frequency spectrum. Devices that use the spectrum may not be
imported or marketed until they are shown to comply with the
technical standards specified by the FCC.
While you can still file an informal
complaint about any problems with telemarketing, access to
communications services for the disabled, radio and television
broadcasting, political programming, or equipment authorization,
your informal complaint will be handled differently from an
informal complaint about your telephone service. Such complaints
are referred to our Enforcement Bureau or Office of Disability
Rights for possible further action.
How to File Your Informal Complaint with
the FCC About Telephone Service (Except Slamming)
You can file your complaint using the on-line
complaint Form 2000B found on the FCC Web site at
www.fcc.gov/cgb/complaints.html.
You can also file your complaint with the FCC’s Consumer Center by
e-mailing fccinfo@fcc.gov;
calling 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC
(1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:
Federal Communications
Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, D.C. 20554.
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What to Include in
Your Complaint
The best way to provide all the
information needed for the FCC to process your complaint
regarding any of these issues (except slamming) is to
complete fully the on-line complaint Form 2000. The
opening pages of the Form 2000 will direct you to the
appropriate subpart: 2000D for complaints about handling
911 calls; 2000B for complaints about keeping your
telephone calling records private; and 2000C for
complaints about access for persons with disabilities.
Each subpart will ask you questions specific to your
complaint.
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Note: Also use the Form 2000 to
file complaints about access to communications services, radio and
television broadcasting (except obscenity, profanity, and
indecency), political programming, and equipment authorization.
Provide a brief description of your complaint in the description
section of the form.
How to File Your Informal Complaint with
the FCC about Telemarketing, Slamming, or Obscene, Indecent, or
Profane Broadcasts
If your complaint involves telemarketing,
including calls to a residential or personal wireless phone number
that you have registered on the national Do-Not-Call list, a junk
fax to your home or business, or a commercial electronic message
to a wireless device, you can file it using the FCC’s on-line
complaint Form 1088 found at
www.fcc.gov/cgb/complaints_tcpa.html.
If your complaint involves slamming – the
illegal practice of changing your preferred telephone company
without your permission – you can file it using the FCC’s on-line
complaint Form 501 found at
www.fcc.gov/cgb/complaints_slamming.html. For more information
about slamming, visit
www.fcc.gov/slamming.
If your complaint involves a radio or
television broadcast that you consider obscene, indecent, or
profane, you can file it using the FCC’s on-line complaint Form
475B found at
www.fcc.gov/cgb/complaints_obscene.html.
Filing a Formal Complaint with the FCC
If you are not satisfied with the response to
your informal complaint, you can file a formal complaint. Your
formal complaint must be filed within six months of the date of
the response to your informal complaint. The current fee for
filing a formal complaint is $190.00, but it is subject to change.
Formal complaint proceedings are similar to
court proceedings. Each party must comply with specific procedural
rules, appear before the FCC, and file documents that address
legal issues. Parties filing formal complaints usually are
represented by lawyers or experts in communications law and the
FCC’s procedural rules.
Complete information on how to file formal
complaints can be found in sections 1.720 through 1.735 of the
FCC’s rules, located at 47 C.F.R. §§ 1.720 – 1.735. You can also
visit the FCC’s Enforcement Bureau Web site at
www.fcc.gov/eb/tcd/laction.html.
Complaints About Local Telephone or Cable
Service
If you have a problem with your local
telephone service, including directory assistance, or telephone
service within your state, and you can’t resolve it directly with
the company, contact your state public service commission. Contact
information for your state public service commission can be found
at
www.naruc.org/commissions.cfm or in the blue pages or
government section of your local telephone directory. For problems
with rates for basic cable television service or cable television
service quality that you can’t resolve directly with the company,
contact your Local Franchising Authority (LFA). Contact
information for your LFA can be found on your cable service bill
or in your local telephone directory. Your state or local Better
Business Bureau, consumer protection agency, or state Attorney
General’s Office may also be able to help. Again, check for
listings in your local telephone directory.
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For More Information
For information about other
telecommunications issues, visit the FCC’s Consumer &
Governmental Affairs Bureau Web site at
www.fcc.gov/cgb, or contact the FCC’s Consumer Center
using the information provided for filing a complaint. |
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