FCC Record, Volume 18, No. 10, Pages 6134 to 6998, March 31 - April 11, 2003 Page: 6,159
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Federal C C s DA 03-929
notified Epicus of the complaint and Epicus responded on April 17, 2002:'2 Epicus has
submitted a third party verification tape for the Complainant. The verifier, however, failed to
confirm that the phone number to be switched.'3 We find that Epicus has failed to produce clear
and convincing evidence that Complainant authorized a carrier change.14 Therefore, we find that
Epicus' actions resulted in an unauthorized change in Complainant's telecommunications service
provider and we discuss Epicus' liability below.15
5. Epicus must remove all charges incurred for service provided to Complainant for
the first thirty days after the alleged unauthorized change in accordance with the Commission's
liability rules.'6 We have determined that Complainant is entitled to absolution for the charges
incurred during the first thirty days after the unauthorized change occurred and that neither
BellSouth nor Epicus may pursue any collection against Complainant for those charges.'7 Any
charges imposed by Epicus on the subscriber for service provided after this 30-day period shall
be paid by the subscriber to BellSouth at the rates the subscriber was paying to BellSouth at the
time of the unauthorized change.'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
Epicus 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
BellSouth nor Epicus may pursue any collection against Complainant for those charges.
12 Epicus', Response to Informal Complaint No. IC-02-S68019, filed April 17, 2002.
13 See 47 C.F.R. 64.1120(b).
14 See 47 C.F.R. 64.1150(d).
15 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.
16 See 47 C.F.R. 64.1160(b).
17 See 47 C.F.R. 64.1160(d).
18 See47 C.F.R. 64.1140, 64.1160.6159
DA 03-929
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Federal Communications C3ommission
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United States. Federal Communications Commission. FCC Record, Volume 18, No. 10, Pages 6134 to 6998, March 31 - April 11, 2003, book, April 2003; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc4043/m1/59/?q=american+indian: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.