NEWSReport No. CC 96-19 COMMON CARRIER ACTION December 6, 1996 COMMON CARRIER BUREAU REACHES CONSENT DECREE WITH WINSTAR The Common Carrier Bureau (Bureau) released today a Consent Decree with WinStar Gateway Network, Inc. (WGNI), based in Dallas, Texas, terminating the FCC's investigation into complaints pending against WGNI for unauthorized changes of consumers' primary interexchange carriers (PIC), a practice more commonly known as "slamming." The Consent Decree stems from complaints involving box programs used by a marketing agent hired by WGNI to solicit customers for WGNI's long-distance service. Box programs are marketing programs in which blank letter of agency (LOA) forms are placed on or near boxes that feature promotional language for entering contests and other activities, and which are located in public or semi-public locations. "WGNI has identified the problem and has implemented a number of remedial actions on its own which have helped alleviate the Commission's concerns. The proactive response and good faith efforts of WGNI were significant factors leading to this settlement," said John B. Muleta, Chief, Enforcement Division, Common Carrier Bureau. "This agreement clearly represents a victory for consumers, and for the FCC." Under the terms of the Consent Decree, WGNI will make a non-tax deductible, voluntary contribution of $80,000 to the United States Treasury. In addition to lowering its prices to affected customers and terminating marketing programs with the agents responsible for the unauthorized switching last August, WGNI will: issue prepaid five dollar ($5) telephone debit cards and a three dollar ($3) check payable to cash to certain former box subscribers; provide a three dollar ($3) credit to all current WGNI subscribers who joined WGNI through box programs; provide a sixteen cents ($0.16) per minute rate to existing WGNI customers who joined WGNI through box programs prior to the release date of the Consent Decree; and increase verification procedures to protect against future unauthorized long distance carrier conversion. - more - - 2 - The Commission continues to actively investigate consumer allegations of slamming and is working with interexchange carriers to identify marketing approaches that may lead to unauthorized long distance conversions. -- FCC -- Common Carrier Bureau News Contact: Jodie Buenning at (202) 418-7272 Enforcement Division Contact: Nina Sandman at (202) 418-1688