FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,930
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we notified One Star of e complaint on April 22, 2002. One Star has failed to respond to the
complain. The failure of One Star to respond or provide proof of verification is presumed to be
clear and convincing evidence of a violation 12 Therefore, we find that One Star's actions
resulted in unauthorized chge in Complainant's telecommunications service provider and
we discuss One Star's liabilt below.3 We also will forward a copy of the record of this
proceeding to o ur enforcement Breau to deterinie what additional action may be necessary.
5. One Str must remove all charges incurred for service provided to Complainant
for the first thirty days after he alleged unauthorized change.4 We have determined that
Complainant is entitled to absolution for the charges incurred during the first thirty days after the
authorized change occued and that neither WorldCom nor One Star may pursue any
collection against Complainant for those charges.5
6. Accordingly, IT IS ORERED that, pursuant to Section 258 of the
Communications Act of 1934, s ended, 47 U.S.C. 258, and Sections 0.141, 0.361 and
1.719 of the Comission's rles, 47 C.F.R. 0.141, 0.361, 1.719, the complaint filed against
One Star IS GRANTED.
7. IT S FURTHER ORDERED that, pursuant to Section 64.1170(d) of the
Com mission's rules, 47 C.F.R. 64.1170(d), Complainant is entitled to absolution for the
charges incurred during the first tirty days aer the unauthorized change occurred and neither
WorldCom nor ne Star may pusue ary collection against Complainant for those charges.
'12 See 47 C.F.R. 64.1150(d).
13 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 complamit is filed within 45 days from the date this order is mailed or delivered electronically to
Complainant. See5 47 C.F.R. 1.719.
14 See 47 C.F.R 64.1160(b).
15 &See47 C.F.R. 64.1160(d).
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Federal Communications Commissionsalce~ilsi
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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/m1/71/: accessed March 28, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.