FCC 7.20 Revised as of October 1, 2014
Goto Year:2013 |
2015
§ 7.20 Review and disposition of informal complaints.
(a) Where it appears from the defendant's answer, or from other
communications with the parties, that an informal complaint has been
satisfied, the Commission may, in its discretion, consider the informal
complaint closed, without response to the complainant or defendant. In
all other cases, the Commission shall inform the parties of its review
and disposition of a complaint filed under this subpart. Where
practicable, this information, the nature of which is specified in
paragraphs (b) through (d) of this section, shall be transmitted to the
complainant and defendant in the manner requested by the complainant,
(e.g., letter, facsimile transmission, telephone (voice/TRS/TTY),
Internet e-mail, ASCII text, audio-cassette recording, or braille).
(b) In the event the Commission determines, based on a review of the
information provided in the informal complaint and the defendant's
answer thereto, that no further action is required by the Commission
with respect to the allegations contained in the informal complaint,
the informal complaint shall be closed and the complainant and
defendant shall be duly informed of the reasons therefor. A complainant
unsatisfied with the defendant's response to the informal complaint and
the staff decision to terminate action on the informal complaint may
file a formal complaint with the Commission, as specified in § 7.22 of
this subpart.
(c) In the event the Commission determines, based on a review of the
information presented in the informal complaint and the defendant's
answer thereto, that a material and substantial question remains as to
the defendant's compliance with the requirements of this subpart, the
Commission may conduct such further investigation or such further
proceedings as may be necessary to determine the defendant's compliance
with the requirements of this subpart and to determine what, if any,
remedial actions and/or sanctions are warranted.
(d) In the event that the Commission determines, based on a review of
the information presented in the informal complaint and the defendant's
answer thereto, that the defendant has failed to comply with or is
presently not in compliance with the requirements of this subpart, the
Commission may order or prescribe such remedial actions and/or
sanctions as are authorized under the Act and the Commission's rules
and which are deemed by the Commission to be appropriate under the
facts and circumstances of the case.
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