FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,895
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was confirmed when a signed letter of authorization was received and processed. Vox's letter of
authorization, however, failed to contain an electronic signature, as required by our rules. 13 We
find that Vox has failed to produce clear and convincing evidence that Complainant authorized a
carrier change.14 Therefore, we find that Vox's actions resulted in an unauthorized change in
Complainant's telecommunications service provider and we discuss Vox's liability below.15
5. Pursuant to Section 64.1170(b) our rules, Vox must forward to AT&T (AT&T)
Complainant's authorized carrier an amount equal to 150% of all charges paid by the subscriber
to Vox.'6 Therefore, Vox must forward to AT&T 150% of the amount, along with copies of any
telephone bills issued from the company to the Complainant.17 Within ten days of receipt of this
amount, AT&T shall provide a refund or credit to Complainant in the amount of 50% of all
charges paid by Complainant to Vox. Complainant has the option of asking AT&T to re-rate
Vox's charges based on AT&T's rates and, on behalf of Complainant, seek from Vox, any rerated
amount exceeding 50% of all charges paid by Complainant to Vox. AT&T must also send
a notice to the Commission, referencing this Order, stating that is has given a refund or credit to
Complainant. 18 If AT&T has not received the reimbursement required from Vox within 45 days
of the release of this Order, AT&T must notify the Commission and Complainant accordingly.
AT&T also must notify the Complainant of his or her right to pursue a claim against Vox for a
refund of all charges paid to Vox.19
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 by
Complainant against Vox 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 Vox must forward to AT&T 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.
See 47 C.F.R. 64.1130(b).
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.
1 47 C.F.R. 64.1170(b).
18 See 47 C.F.R. 64.1170(c).
See 47 C.F.R. 64.1170(e).
Fede~P ~opral Communicatioans Commissi~ione
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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/m1/36/: accessed November 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.