FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,939

Fed e ra [ 111 [ 1 I....l uic Comisio DA 0464.

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
)
AT&T Corporation ) IC No. 02-S81977
)
Complaint Regarding
Unauthorized Change of
Subscriber's Telecommunications Carrier
ORDER
Adopted: March 26,2004 Released: March 31, 2004
By the Deputy Chief, Policy Division, Consumer & Governmental Affairs Bureau:
1. In this Order, we consider the complaint' alleging that AT&T Corporation
(AT&T) changed complainant's telecommunications service provider without obtaining
authorization and verification from Complainant in violation of the Commission's rules. We
conclude that AT&T's actions did not result in an unauthorized change in Complainant's
telecommunications service provider and we deny Complainant's complaint.
2. In December 1998, the Commission released the Section 258 Order in which it
adopted rules to implement Section 258 of the Communications Act of 1934 (Act), as amended
by the Telecommunications Act of 1996 (1996 Act).3 Section 258 prohibits the practice of
Informal Complaint No. IC-02-S81977, December 12, 2002.
2 See 47 C.F.R. 64.1100 - 64.1190.
3 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 Red 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 Red 8158 (2000); stay lifed, 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 01-67 (rel. Feb. 22,
2001); Third Order on Reconsideration and Second Further Notice of Proposed Rule Making, 18 FCC Red 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. 94-129, Report and Order, 10 FCC Rcd 9560 (1995),
stayed in part, 11 FCC Red 856 (1995); Policies and Rules Concerning Changing Long Distance Carriers, CC
Docket No. 91-64, 7 FCC Red 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.C.2d 935,
reconsideration denied, 102 F.C.C.2d 503 (1985).

5939

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Federal Clommunications Comnmission

DA 04-864

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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/m1/80/ocr/: accessed January 17, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.