FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,946
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Illll~ar~~lssrs~c~s Federal- -- Comncain Commission DAp 04q-866I
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Sprint Communications Company ) IC No. 03-I0050317S
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 complaint' alleging that Sprint Communications
Company (Sprint) changed Complainant's telecommunications service provider without
obtaining authorization and verification from Complainant in violation of the Commission's
rules.2 We conclude that Sprint's actions did result in an unauthorized change in Complainant's
telecommunications service provider and we grant 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
"slamming," the submission or execution of an unauthorized change in a subscriber's selection of
1 Informal Complaint No. IC-03-I0050317S, July 15, 2003.
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 lifted, 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); 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 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).
Federal Communaicatciotir ns Comr~mmissiilon
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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/m1/87/: accessed November 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.