FCC Record, Volume 19, No. 8, Pages 5879 to 6813, March 31 - April 13, 2004 Page: 5,952
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notified Sprint of the complaints and Sprint responded.'3 Sprint states that Complainant's
telecommunications service providers were changed when orders for service were forwarded by
Sprint PCS or Radio Shack. However, Sprint was unable to provide copies of the signed LOAs.
Sprint has failed to produce clear and convincing evidence that Complainants authorized a carrier
change.'4 Therefore, we find that Sprint's actions resulted in an unauthorized change in
Complainants' telecommunications service providers and we discuss Sprint's liability below.'5
5. Sprint must remove all charges incurred for service provided to Complainants for
the first thirty days after the alleged unauthorized change in accordance with the Commission's
liability rules.'16 We have determined that Complainants are entitled to absolution for the charges
incurred during the first thirty days after the unauthorized change occurred and that neither the
authorized carriers nor Sprint may pursue any collection against Complainants 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 the authorized carrier at the rates the subscriber was
paying to the authorized carrier at the time of the unauthorized change.'8
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 complaints filed by
Complainants'9 against Sprint ARE 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), Complainants are entitled to absolution for the
charges incurred during the first thirty days after the unauthorized change occurred to the relevant
Complainant and neither the authorized carrier nor Sprint may pursue any collection against
Complainants for those charges.
(Continued from previous page)
12 47 C.F.R. 1.719 (Commission procedure for informal complaints filed pursuant to Section 258
of the Act); 47 C.F.R. 64.1150 (procedures for resolution of unauthorized changes in preferred carrier).
See Appendix A.
14 See 47 C.F.R. 64.1150(d).
15 If a Complainant is unsatisfied with the resolution of this complaint, such 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 such 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).
18 See 47 C.F.R. 64.1140, 64.1160.
19 See Appendix A.
Federal Communications Comornmission
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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/m1/93/: accessed November 17, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.