§ 1.719   Informal complaints filed pursuant to section 258.

   (a) Notwithstanding the requirements of § § 1.716 through 1.718, the following
   procedures shall apply to complaints alleging that a carrier has violated
   section  258  of  the  Communications  Act  of 1934, as amended by the
   Telecommunications  Act of 1996, by making an unauthorized change of a
   subscriber's preferred carrier, as defined by § 64.1100(e) of this chapter.

   (b)  Form.  The complaint shall be in writing, and should contain: The
   complainant's name, address, telephone number and e-mail address (if the
   complainant has one); the name of both the allegedly unauthorized carrier,
   as  defined by § 64.1100(d) of this chapter, and authorized carrier, as
   defined by § 64.1100(c) of this chapter; a complete statement of the facts
   (including any documentation) tending to show that such carrier engaged in
   an unauthorized change of the subscriber's preferred carrier; a statement of
   whether the complainant has paid any disputed charges to the allegedly
   unauthorized carrier; and the specific relief sought.

   (c) Procedure. The Commission will resolve slamming complaints under the
   definitions and procedures established in § § 64.1100 through 64.1190 of this
   chapter. The Commission will issue a written (or electronic) order informing
   the complainant, the unauthorized carrier, and the authorized carrier of its
   finding,  and  ordering  the appropriate remedy, if any, as defined by
   § § 64.1160 through 64.1170 of this chapter.

   (d) Unsatisfied Informal Complaints Involving Unauthorized Changes of a
   Subscriber's Preferred Carrier; Formal Complaints Relating Back to the
   Filing Dates of Informal Complaints. If the complainant is unsatisfied with
   the resolution of a complaint under this section, the complainant may file a
   formal complaint with the Commission in the form specified in § 1.721. Such
   filing will be deemed to relate back to the filing date of the informal
   complaint  filed under this section, so long as the informal complaint
   complied with the requirements of paragraph (b) of this section and provided
   that: The formal complaint is filed within 45 days from the date an order
   resolving the informal complaint filed under this section is mailed or
   delivered electronically to the complainant; makes reference to both the
   informal complaint number assigned to and the initial date of filing the
   informal complaint filed under this section; and is based on the same cause
   of action as the informal complaint filed under this section. If no formal
   complaint is filed within the 45-day period, the complainant will be deemed
   to have abandoned its right to bring a formal complaint regarding the cause
   of action at issue.

   [ 65 FR 47690 , Aug. 3, 2000]

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Formal Complaints

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