FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,937
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notified AT&T of the complaint and AT&T responded on December 12, 2002.12 AT&T states
that authorization was received and confirmed through third party verification (TPV). AT&T's
TPV however failed to contain affirmative responses to the questions asked as required by our
rules.'3 We find that AT&T has failed to produce clear and convincing evidence that
Complainant authorized a carrier change.14 Therefore, we find that AT&T's actions resulted in
an unauthorized change in Complainant's telecommunications service provider and we discuss
AT&T's liability below.15
5. AT&T must remove 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
Verizon nor AT&T may pursue any collection against Complainant for those charges.17 Any
charges imposed by AT&T on the subscriber for service provided after this 30-day period shall
be paid by the subscriber to Verizon at the rates the subscriber was paying to Verizon at the time
of the unauthorized change.18
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 against
AT&T 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
Verizon nor AT&T may pursue any collection against Complainant for those charges.
12 AT&T Response to Informal Complaint No. IC-02-B0002301, December 12, 2002.
13 See 47 C.F.R. 64.1120(c)(3)(iii).
14 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 See 47 C.F.R. 64.1160(b).
17 See 47 C.F.R. 64.1160(d).
8 See 47 C.F.R. 64.1140, 64.1160.
Federal Commpmuniicat~ions Commnnissionm
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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/m1/78/: accessed October 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.