FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,927
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service sold as required by our rules.13 We find that NCT has failed to produce clear and
convincing evidence that Complainant authorized a carrier change.14 Therefore, we find that
NCT's actions resulted in an unauthorized change in Complainant's telecommunications service
provider and we discuss NCT's liability below.'5
5. NCT 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.16 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
AT&T nor NCT may pursue any collection against Complainant for those charges.17 Any
charges imposed by NCT on the subscriber for service provided after this 30-day period shall be
paid by the subscriber to their authorized carrier at the rates the subscriber was paying to AT&T
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 by
Complainant against NCT 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 NCT 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,
Consumer & Governmental Affairs Bureau
13 See 47 C.F.R. 64.1120(b).
14 See 47 C.F.R. 64.1150(d).
1 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 See 47 C.F.R. 64.1160(b).
17 See 47 C.F.R. 64.1160(d).
18 See 47 C.F.R. 64.1140, 64.1160.
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F~iederal Comr~rmunications CommisaisionI
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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/m1/68/: accessed September 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.