FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,913
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submit a third party verification or letter of agency required by our rules.'3 We find that ADST
has failed to produce clear and convincing evidence that Complainant authorized a carrier
change.14 Therefore, we find that ADST's actions resulted in an unauthorized change in
Complainant's telecommunications service provider and we discuss ADST's liability below.15
5. Pursuant to Section 64.1170(b) our rules, ADST must forward to AT&T
Complainant's telecommunications service period an amount equal to 150% of all charges paid
by the subscriber to ADST.16 Therefore, ADST must forward to 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 ADST. Complainant has the option of asking AT&T
to re-rate ADST's charges based on AT&T's rates and, on behalf of Complainant, seek from
ADST, any re-rated amount exceeding 50% of all charges paid by Complainant to ADST.
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 ADST 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 ADST for a refund of all charges paid to ADST.'9
6. Accordingly, IT IS ORDERED that, pursuant to Section 258 of the
ommunications 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 ADST 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 ADST 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.
1 See 47 C.F.R. 64.1120-64.1130.
1 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.
16 47 C.F.R. 64.1170(b).
See 47 C.F.R. 64.1170(c).
9 See 47 C.F.R. 64.1170(e).
Federal Communications Commission
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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/m1/54/: accessed December 15, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.