FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,942
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-~~~~~eea Comncain Comsso DA 04-865 lP -----I--- P~~-"-P-g~s
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Sprint Communications Company ) IC Nos. 03-S85297
Complaints Regarding )
Unauthorized Change of
Subscriber's Telecommunications Carrier
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 complaints filed by Complainants1 alleging that
Sprint Communications Company (Sprint) changed Complainants' telecommunications service
providers without obtaining authorization and verification from Complainants' in violation of the
Commission's rules.2 We conclude that Sprint's actions did not violate our rules and we deny
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). Section 258 prohibits the practice of
1 See Appendix A.
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 Rcd 1508 (1998)
(Section 258 Order), stayed in part, MCI Company v. FCC, No. 99-1125 (D.C. Cir. May 18, 1999); First Order on
Reconsideration, 15 FCC Red 8158 (2000); stay lifted, MCI Company v. FCC, No. 99-1125 (D.C. Cir. June 27,
2000); Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 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); reconsideration pending. 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 Rcd 856 (1995); Policies and Rules Concerning Changing Long Distance Carriers, C Docket No. 91-64, 7
FCC Rcd 1038 (1992), reconsideration denied, 8 FCC Red 3215 (1993); Investigation of Access and Divestiture
(continued....) -n 04
1F etderapl Commu~mnnications Commissionssion
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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/m1/83/: accessed October 17, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.