FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,928
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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
One Star ) C No. 02-71565
Unauthorized Change of )
Subscriber's Telecommunications Carrier
Adopted: March 26; 2004 Released: March 31, 2004
By the Deputy Chief, Policy Division, Consumer & Gove ental Affairs Bureau:
1. In this Order, we consider the complaint filed' alleging that One Star changed
Complainant's telecommunications service provider without to obtaining authorization and
verification from Complainant in violation of the Commission's rules.2 We conclude that One
Star's actions did result in an unauthorized change in Complainant's telecommunications service
provider and we grant Complainan's complaint.
2. In December 1998, the Commission released the Section 258 Order in which it
adopted rules to implement Section 258 ofthe Commn cations Act of 1934 (Act), as amended
by the Telecommunications Act of 1996 (1996 Act).3 Section 258 prohibits the practice of
1 Informal Complaint No. IC-02-S71565, March 21, 2002
2 See 47 C.F.R. 64.1100 - 64.1190
47 U.S.C. 258(a); Telecommunications 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 Rcd 1508 (1998)
(Section 258 Order), stayed in part, MCI WorldCom v. FCC, No. 99-1125 (D.C. Cir. May 18, 1999); First Order
on Reconsideration, 15 FCC Rcd 8158 (2000); stay lited, MCI WorldCom v. FCC, No. 99-1125 (D.C. Cir. June
27, 2000); Third Report and Order and Second Order on Reconsideration, 15 FCC Red 15996 (2000), Errata, DA
No. 00-2163 (rel. Sept. 25, 2000), Erratum, DA No. 00-2192 (rel. Oct. 4, 2000), Order, FCC 0 1-67 (rel. Feb. 22,
2001); Third Order on Reconsideration and Second Further Notice of Proposed Rule Making, 18 FCC Rcd 5099
(2003); Order, FCC 03-116, (rel. May 23, 2003) Prior to the adoption of Section 258, the Commission had taken
various steps to address the slamming problem. See, e.g., Policies and Rules Concerning Unauthorized Changes
of Consumers'Long Distance Carriers, CC Docket No. 94129, Report and Order, 10 FCC Red 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 Red 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.CG2d 935,
reconsideration denied, 102 FC.C.2d 503 (1985).
Federal Communications Commll ~oeri~nissiona
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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/m1/69/: accessed March 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.