FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,884
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g~sBSII~PIFederal Communicatin Comisin A4-4
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Allegiance Telecom, Inc. I) C No. 03-S84724
Unauthorized Change of
Subscriber's Telecommunications Carrier
Adopted: March 25,2004 Released: March 31, 2004
By the Deputy Chief, Policy Division, Consumer & Governmental Affairs Bureau:
1. In this Order, we consider the complaint' alleging that Allegiance Telecom, Inc.,
(Allegiance) changed complainant's telecommunications service provider without obtaining
authorization and verification from Complainant in violation ofthe Commission's rules.2 We
conclude that Allegiance's actions did not result in an unauthorized chage in Complainant's
telecommunications service provider and we deny Complainant's complaint.
2. In December 1998, the Commission released the Section 258 Order in which it
adopted rules to implement Section 258 of the Communications Act of 1934 (Act), as amended
by the Telecommunications Act of 1996 (1996 Act).3 Section 258 prohibits the practice of
"slamming," the submission or execution of an unauthorized change in a subscriber's selection
of a provider of telephone exchange service or telephone toll service.4 In the Section 258 Order,
I * Informal Complaint No IC 03-S84724, August 12, 2003.
2 See47 C.F.R. 64.110 - 64.1190.
3 47 U.S.C. 258(a); Telecomunications Act of 1996, Pub. L. No. 104-104, 110 Stat 56 (1996);
Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996;
Policies and Rules Concerning Unauthorized Changes of Consumers' Long Distance Carriers, CC Docket No.
94-129, Second Report and Order and Further Notice of Proposed Rule Making, 14 FCC Rd 1508 (1998) (Section
258 Order), stayed in part, MCI v. FCC, No. 99-1125 (D.C. Cir. May 18, 1999); First Order on Reconsideration,
15 FCC Rcd 8158 (2000); stay lifted, MCIvs. FCC, No. 99-1125 (D.C. Cir. June 27, 2000); Third Report and
Order and Second Order on Reconsideration, 15 FCC Rcd 15996 (2000), Errata, DA No. 00-2163 (rel. Sept. 25,
2000), Erratum, DA No. 00-2192 (rel. Oct. 4, 2000), Order, FCC 01-67 (rel. Feb. 22, 2001); reconsideration
pending. Prior to the adoption of Section 258, the Commission had taken various steps to address the slamming
problem. See, e.g., Policies andd Rules Concerning Unauthorized Changes of Consumers'Long Distance Carriers,
CC Docket No. 94-129, Report and Order, 10 FCC Rcd 9560 (1995), stayed in part, 11 FCC Rcd 856 (1995);
Policies and Rules Concerning Changing Long Distance Carriers, CC Docket No. 91-64, 7 FCC Rcd 1038
(1992), reconsideration denied, 8 FCC Rcd 3215 (1993); Investigation of Access and Divestiture Related Tariffs,
CC Docket No. 83-1145, Phase I, 101 F.C.C.2d 911, 101 F.C.C.2d 935, reconsideration denied, 102 F.C.C.2d 503
4 47 U.S.C. 258(a)
Federal Commun%%lt~anicatio~ns Commiaission
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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.. (digital.library.unt.edu/ark:/67531/metadc4077/m1/25/: accessed May 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.