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Comments on Cramming NPRM

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Released: November 4, 2011

Federal Communications Commission

DA 11-1860

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Empowering Consumers to Prevent and Detect
)
CG Docket No. 11-116
Billing for Unauthorized Charges ("Cramming")
)
)

Consumer Information and Disclosure
)
CG Docket No. 09-158
)
Truth-in-Billing and Billing Format
)
CC Docket No. 98-170

ORDER

Adopted: November 4, 2011

Released: November 4, 2011

Revised Reply Comment Date: December 5, 2011

By the Chief, Consumer and Governmental Affairs Bureau:
1. On July 12, 2011, the Commission released a Notice of Proposed Rulemaking seeking
comment on various proposals designed to assist consumers in detecting and preventing the placement of
unauthorized charges on their telephone bills, an unlawful and fraudulent practice commonly referred to
as "cramming."1 The Cramming NPRM sets deadlines for filing comments and reply comments at 60 and
90 days after its publication in the Federal Register,2 which occurred on August 23, 2011.3 Accordingly,
the deadline for filing comments was set at October 24, 2011, and the deadline for filing reply comments
was set at November 21, 2011.4
2. On October 27, 2011, the National Association of State Utility Consumer Advocates
(NASUCA) submitted a Motion for Extension of Time to File Reply Comments seeking a 30-day extension
of the reply comment deadline for all interested parties.5 In support of its Motion, NASUCA states that
such an extension is warranted because it will enable its members to review the large number of initial
comments that were filed and to perform the coordination necessary for NASUCA to formulate
thoughtful reply comments. NASUCA states that its annual conference is scheduled for November 13 -
16, 2011 and that this scheduling will make it more difficult for it to complete reply comments by the


1 Empowering Consumers to Prevent and Detect Billing for Unauthorized Charges ("Cramming"); Consumer
Information and Disclosure; Truth-in-Billing and Billing Format
, CG Docket Nos. 11-116 and 09-158, CC Docket
98-170, Notice of Proposed Rulemaking, FCC 11-106 (rel. Jul. 12, 2011) (Cramming NPRM); Erratum (rel. Aug. 3,
2011).
2 Id.
3 See 76 Fed. Reg. 52625 (Aug. 23, 2011).
4 See Consumer and Government Affairs Bureau Announces Deadlines for Comments on Cramming Notice of
Proposed Rulemaking
CG Docket Nos. 11-116 and 09-158, CC Docket 98-170, Public Notice, DA 11-1449 (rel.
August 24, 2011).
5 Motion for Extension of Time to File Reply Comments, CG Docket Nos. 11-116 and 09-158, CC Docket 98-170
(filed October 27, 2011) (Motion) at 2-3.

Federal Communications Commission

DA 11-1860

current November 21, 2011 deadline.6
3. It is the policy of the Commission that extensions of time are not routinely granted.7 Such
extensions may, however, be warranted when, among other things, the additional time will serve the
public interest.8 In the instant proceeding, we find that providing additional time for all interested parties
to file reply comments would be beneficial to the development of a complete record on the issues. We
believe, however, that an extension of 14 days, rather than the requested 30 days, should provide adequate
time for all parties to complete reply comments. In this regard, we note that NASUCA acknowledges that
it will not be necessary for it to comment specifically on short comments,9 which constitute the vast
majority of the initial comments filed,10 and that its annual conference will be four days long and be over
on November 16, 2011.11 Under these circumstances, we conclude that granting a 14-day extension of
time to December 5, 2011 to file reply comments serves the public interest and extend the reply comment
deadline to Monday,

December 5, 2011

.
4. Accordingly,

IT IS ORDERED

, pursuant to Sections 4(i) and 4(j) of the Communications Act
of 1934, as amended, 47 U.S.C. 154(i), (j), and Sections 0.141, 0.361, and 1.46 of the Commission's
Rules, 47 C.F.R. 0.141, 0.361, 1.46, that the Motion for Extension of Time to File Reply Comments filed
by the National Association of State Utility Consumer Advocates

IS GRANTED

to the extent indicated
herein and

IS OTHERWISE DENIED,

and the deadline for filing reply comments in response to the
Cramming NPRM

IS EXTENDED

to December 5, 2011.
FEDERAL COMMUNICATIONS COMMISSION
Joel Gurin
Chief, Consumer and Governmental Affairs Bureau


6 Id. at 2.
7 47 C.F.R. 1.46(a).
8 See, e.g., Service Rules for Advanced Wireless Services in the 2155-2175 MHZ Band, Service Rules for Advanced
Wireless Services in the 1915-1920 MHZ, 1995-2000 MHZ, 2020-2025 MHZ and 2175-2180 MHZ Bands
, WT
Docket Nos. 04-356, 07-195, Order, 23 FCC Rcd 10527, 10528, para. 4 (WTB 2008); Review of the Emergency
Alert System,
EB Docket No. 04-296, Order, 25 FCC Rcd 1849 (PSHSB 2010).
9 See Motion at 2.
10 See http://webapp01.fcc.gov/ecfs/comment_search/execute?proceeding=11-
116&applicant=&lawfirm=&author=&disseminated.minDate=&disseminated.maxDate=&recieved.minDate=11%2
F2%2F10&recieved.maxDate=&address.city=&address.state.stateCd=&address.zip=&daNumber=&fileNumber=&s
ubmissionTypeId=&__checkbox_exParte=true (visited November 2, 2011).
11 See Motion at 2.
2

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