FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,977
xiii, 5879-6813 p. ; 28 cm.View a full description of this book.
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'gF Cm uiaon Commission DA.~ ~ 04-87 3J. i' ii i iii L i _ j i i
February 6, 2004.12 Sprint indicates that authorization was received and confirmed through
Third Party Verification. Sprint's third party verifier, however, failed to obtain separate
authorizations for each service sold as required by our rules.13 We find that Sprint has failed to
produce clear and convincing evidence that Complainant authorized a carrier change.14
Therefore, we find that Sprint's actions resulted in an unauthorized change in Complainant's
telecommunications service provider and we discuss Sprint's liability below.15
5. Pursuant to Section 64.1170(b) our rules, Sprint must forward to Qwest an
amount equal to 150% of all charges paid by the subscriber to Sprint, along with copies of any
telephone bills issued from the company to the Complainant.'6 Within ten days of receipt of this
amount, Qwest shall provide a refund or credit to Complainant in the amount of 50% of all
charges paid by Complainant to Sprint. Complainant has the option of asking Qwest to re-rate
Sprint's charges based on Qwest's rates and, on behalf of Complainant, seek from Sprint, any rerated
amount exceeding 50% of all charges paid by Complainant to Sprint. Qwest must also send
a notice to the Commission, referencing this Order, stating that is has given a refund or credit to
Complainant. 17 If Qwest has not received the reimbursement required from Sprint within 45
days of the release of this Order, Qwest must notify the Commission and Complainant
accordingly. Qwest also must notify the Complainant of his or her right to pursue a claim against
Sprint for a refund of all charges paid to Sprint.'8
6. Accordingly, IT IS ORDERED that, pursuant to Section 258 of the
Communications Act of 1934, as amended, 47 U.S.C. 258, and Sections 0.141, 0.361 and
1.719 of the Commission's rules, 47 C.F.R. 0.141, 0.361, 1.719, the complaint filed against
Sprint IS GRANTED.
7. IT IS FURTHER ORDERED that, pursuant to Section 64.1170(b) of the
Commission's rules, 47 C.F.R. 64.1170(b), that Sprint must forward to Qwest an amount equal
to 150% of all charges paid by the subscriber along with copies of any telephone bills issued
from the company to the Complainant within ten (10) days of the release of this order.
Sprint Response to Informal Complaint No. IC-03-I0069803S, February 6, 2004.
13 See 47 C.F.R. 64.1120(b).
4 See 47 C.F.R. 64.1150(d).
1 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 filed within 45 days from the date this order is mailed or delivered electronically to
Complainant. See 47 C.F.R. 1.719.
Id.
1 See 47 C.F.R. 64.1170(c).
1 See 47 C.F.R. 64.1170(e).5977
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Federal C~ommuanicati~ons Commissiona
DA 04-873
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United States. Federal Communications Commission. FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004, book, April 2004; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc4077/m1/118/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.