*Pages 1--2 from Microsoft Word - 5792.doc* Federal Communications Commission DA 00- 2790 ________________________________________________________________________________ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 In the Matter of ) ) Implementation of the Subscriber Carrier ) Select ion Changes Provisions of the ) Telecommunications Act of 1996 ) ) CC Docket No. 94- 129 Policies and Rules Concerning ) Unauthorized Changes of Consumers ) Long Distance Carriers ) ORDER Adopted: December 21, 2000 Released: December 22, 2000 By the Chief, Accounting Policy Division, Common Carrier Bureau: 1. In this Order, we address the requirement, adopted in the Third Report and Order and Second Order on Reconsideration (Third Report and Order), that carriers submit initial slamming complaint reports on February 15, 2001 for calendar year 2000. 1 Compliance with this filing deadline is not required because the Third Report and Order has not yet taken effect. 2. In the Third Report and Order, the Commission determined that telecommunications carriers should periodically report to the Commission certain information about slamming complaints they have received. 2 The Commission concluded that this information will enable it to identify carriers that repeatedly initiate unauthorized changes. 3 Accordingly, the Commission directed each carrier to submit a reporting form identifying, among other things, the number of slamming complaints received and the number of such complaints that the carrier has investigated and found to be valid. 4 Reporting was to commence on February 15, 2001 for 1 Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996 and Policies and Rules Concerning Unauthorized Changes of Consumers’ Long Distance Carriers, CC Docket No. 94- 129, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996 (released August 15, 2000) at Appendix A, Section 64. 1180; Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996 and Policies and Rules Concerning Unauthorized Changes of Consumers’ Long Distance Carriers, CC Docket No. 94- 129, Erratum, DA 00- 2192 (released October 4, 2000); Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996 and Policies and Rules Concerning Unauthorized Changes of Consumers’ Long Distance Carriers, CC Docket No. 94- 129, Errata, DA 00-2163 (released September 25, 2000). See also 47 C. F. R. § 1. 108. 2 Third Report and Order, 15 FCC Rcd 15996, at para. 55. 3 Third Report and Order, 15 FCC Rcd 15996, at para. 55. 1 Federal Communications Commission DA 00- 2790 ____________________________________________________________________________ 2 calendar year 2000, and was to continue on a biannual basis thereafter on August 15 (covering January 1 through May 31) and on February 15 (covering June 1 through December 31). 5 3. In the Third Report and Order, the Commission recognized that some carriers might not have gathered the requisite information for calendar year 2000 because they would not have been required to do so prior to the adoption of that order. The Commission therefore directed carriers to begin tracking the information once the Third Report and Order had taken effect. 6 Accordingly, for purposes of complying with the reporting requirement for calendar year 2000, carriers were to submit reports containing information gathered between the effective date of this requirement, as announced in the Federal Register, and December 31, 2000. 7 4. Because the Third Report and Order is not yet effective, carriers are not yet under a legal obligation to collect information on slamming complaints. Therefore, submission of initial slamming complaint reports on February 15, 2001 for calendar year 2000 is no longer required. We emphasize that this determination applies only to the slamming complaint reports that were due to be filed on February 15, 2001 for calendar year 2000. Upon the effective date of the order, carriers must comply with the reporting requirement, as set forth in section 64.1180 of our rules, for calendar year 2001 and every year thereafter. 5. Accordingly, IT IS ORDERED that, pursuant to the authority contained in sections 1, 4, 201- 205, and 258 of the Communications Act of 1934, as amended, 47 U. S. C. §§ 151, 154, 201- 205, and 258, this Order IS ADOPTED. 6. IT IS FURTHER ORDERED that this Order is effective upon release. FEDERAL COMMUNICATIONS COMMISSION Katherine L. Schroder Chief, Accounting Policy Division Common Carrier Bureau 4 Third Report and Order, 15 FCC Rcd 15996, at para. 56. 5 Third Report and Order, 15 FCC Rcd 15996, at para. 56. 6 Third Report and Order, 15 FCC Rcd 15996, at paras. 57, 134. The Third Report and Order will take effect at least 30 days after the Federal Register has published a summer of the order, and after the Office of Management and Budget has approved the collection of information. In the Third Report and Order, the Commission noted that it would publish a notice in the Federal Register announcing the effective date of the reporting requirement. Id. at n. 167. 7 Third Report and Order, 15 FCC Rcd 15996, at para. 57. 2