FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,751
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responded on January 26, 2011.2 United Telecom admits that, due to a clerical error,
Complainant's telephone number was mistakenly provisioned under another company's name.
We find that United Telecom has failed to produce clear and convincing evidence that
Complainant authorized a carrier change.13 Therefore, we find that United Telecom's actions
resulted in an unauthorized change in Complainant's telecommunications service provider and
we discuss United Telecom's liability below.14
5. Pursuant to Section 64.1170(b) our rules, United Telecom must forward to
Verizon an amount equal to 150% of all charges paid by the subscriber to United Telecom along
with copies of any telephone bills issued from United Telecom to the Complainant.1s Within ten
days of receipt of this amount, Verizon shall provide a refund or credit to Complainant in the
amount of 50% of all charges paid by Complainant to United Telecom. Complainant has the
option of asking Verizon to re-rate United Telecom charges based on Verizon rates and, on
behalf of Complainant, seek from United Telecom, any re-rated amount exceeding 50% of all
charges paid by Complainant to United Telecom. Verizon must also send a notice to the
Commission, referencing this Order, stating that is has given a refund or credit to Complainant.'6
If Verizon has not received the reimbursement required from United Telecom within 45 days of
the release of this Order, Verizon must notify the Commission and Complainant accordingly.
Verizon also must notify the Complainant of his or her right to pursue a claim against United
Telecom for a refund of all charges paid to United Telecom.'7
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
United Telecom Inc., IS GRANTED.
7. IT IS FURTHER ORDERED that, pursuant to Section 64.1170(d) of the
Commission's rules, 47 C.F.R. 64.1170(d), Complainant is entitled to absolution for the
charges incurred during the first thirty days after the unauthorized change occurred and neither
United Telecom nor their authorized carrier may pursue any collection against Complainant for
12 United Telecom's Response to Informal Complaint No. IC 10-S2902376, received
January 26, 2011.
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 filed within 45 days from the date this order is mailed or delivered electronically to
Complainant. See 47 C.F.R. 1.719.
is See 47 C.F.R 64.1170(b)(1)(2).
See 47 C.F.R. 64.1 i 70(c).
See 47 C.F.R. 64.1170(e).
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc111171/m1/94/: accessed December 15, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.