FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,948
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Sprint states that authorization was received and confirmed through third party verification.
Sprint's verifier, however, failed to obtain authorization for any service being sold as required by
our rules.'3 Also, during the verification process the Complainant stated several times that he
wished to cancel the order and received a reply from Sprint's verifier that the order would in fact
be canceled. We find that Sprint has failed to produce clear and convincing evidence that
Complainant authorized a carrier change.14 Therefore, we find that Sprint's actions resulted in an
unauthorized change in Complainant's telecommunications service provider and we discuss
Sprint's liability below.15
5. Sprint 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.'6 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
AT&T nor Sprint may pursue any collection against Complainant for those charges.'7 Any
charges imposed by Sprint on the subscriber for service provided after this 30-day period shall be
paid by the subscriber to AT&T at the rates the subscriber was paying to AT&T at the time of the
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. 0141, 0.361, 1.719, the complaint filed against
Sprint 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
AT&T nor Sprint may pursue any collection against Complainant for those charges.
(Continued from previous page)
12 Sprint Response to Informal Complaint No. IC-03-I0050317S, November 11, 2003.
13 See 47 C.F.R. 64.1120(b).
14 See 47 C.F.R. 64.1150(d).
15 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).
See 47 C.F.R. 64.1140, 64.1160.
RBedemal Communnrmn6cationQ~s CommI~iissionm
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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/m1/89/: accessed May 23, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.