FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,899
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Federal Communications Commission DA 04-852
Complainant authorized a carrier change.13 Therefore, we find that Total Call's actions resulted
in an unauthorized change in Complainant's telecommunication service provider and we discuss
Total Call's liability below.14
5. Total Call has removed 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.15 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 Complainant's authorized carrier nor Total Call may pursue any collection against
Complainant for those charges.16 Any charges imposed by Total Call on the subscriber for
service provided after this 30-day period shall be paid by the subscriber to Complainant's
authorized carrier-at the rates the subscriber was paying to Complainant's authorized carrier at
the time of the change in service.17
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 Commissions rules, 47 C.F.R. 0.141, 0.361, 1.719, the complaint filed by
Complainant against Total Call 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
AT&T nor Total Call may pursue any collection against Complainant for those charges.
8. IT IS FURTHER ORDERED that this Order is effective upon release.
FEDERAL COMMUNICATIONS COMMISSION
Nancy A. Stevenson, Deputy Chief, Policy Division
Consumer & Governmental Affairs Bureau
13 See 47 C.F.R. 64.1150(d).
14 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.
15 See 47 C.F.R. 64.1160(b).
16 See 47 C.F.R. 64.1160(d).
17 See 47 C.F.R. 64.1140, 64.1160.
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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/m1/40/: accessed July 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.