NEWS Federal Communications Commission 445 12th Street, S.W. Washington, D. C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974). News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 For Immediate Release: News Media Contact: January 11, 2007 Rosemary Kimball at (202) 418-0511 e-mail: rosemary.kimball@fcc.gov QUARTERLY REPORT ON INFORMAL CONSUMER INQUIRIES AND COMPLAINTS RELEASED (ERRATUM) Washington, DC – The Commission has released its report on the top subject areas for inquiries and complaints processed by the Consumer & Governmental Affairs Bureau (CGB) during the third quarter of calendar year 2006. Wireless complaints had a slight rise from 4,050 in the 2nd quarter to 4,149 in the 3rd quarter. Billing and Rates is one of the top Wireless categories this quarter. Wireline complaints held steady or declined in the 3rd quarter. The number of Radio and Television Broadcasting complaints increased from 53,352 in the 2nd quarter to 163,134 in the 3rd quarter. There was a decrease in the number of Wireless inquiries received during this quarter dropping from 9,296 in the 2nd quarter to 5,054 in the 3rd quarter. Amateur License Information and Service Issues inquiries replaced Billing and Rates and Contract - Early Termination as the top Wireless categories this quarter. Wireline inquiries decreased from 35,324 in the 2nd quarter to 13,724. Radio and Television Broadcasting inquiry receipts increased from 3,390 in the 2nd quarter to 3,925 this quarter. Digital Television and Programming and Content ranked as the top Radio and Television Broadcasting inquiry categories this quarter. The Commission receives many inquiries and complaints that do not involve violations of the Communications Act, or a rule or order of the Commission. The existence of a complaint does not necessarily indicate wrongdoing by the company at issue. CGB contact: Stephen Ebner at (202) 418-1400. - FCC - REPORT ON INFORMAL CONSUMER INQUIRIES AND COMPLAINTS 3rd Quarter Calendar Year 2006 Executive Summary This report tracks the top subject areas for consumer inquiries and complaints processed by the Consumer & Governmental Affairs Bureau (CGB) received during the 3rd quarter of calendar year 2006.1 Inquiries are defined as correspondence or communications received at the Commission from individuals seeking information on matters under the FCC’s jurisdiction. Informal consumer complaints are defined as a communication received at CGB’s consumer centers either via postal mail, fax, email, internet, or telephone from or on behalf of an individual that: (i) identifies a particular entity under the FCC’s jurisdiction; (ii) alleges harm or injury; and (iii) seeks relief. Wireless complaints had a slight rise from 4,050 in the 2nd quarter to 4,149 in the 3rd quarter. Billing and Rates is one of the top Wireless categories this quarter. Wireline complaints held steady or declined in the 3rd quarter. The number of Radio and Television Broadcasting complaints increased from 53,352 in the 2nd quarter to 163,134 in the 3rd quarter. There was a decrease in the number of Wireless inquiries received during this quarter dropping from 9,296 in the 2nd quarter to 5,054 in the 3rd quarter. Amateur License Information and Service Issues inquiries replaced Billing and Rates and Contract - Early Termination as the top Wireless categories this quarter. Wireline inquiries decreased from 35,324 in the 2nd quarter to 13,724. Radio and Television Broadcasting inquiry receipts increased from 3,390 in the 2nd quarter to 3,925 this quarter. Digital Television and Programming and Content ranked as the top Radio and Television Broadcasting inquiry categories this quarter. The Commission receives many inquiries and complaints that do not involve violations of the Communications Act, or a rule or order of the Commission. The existence of a complaint does not necessarily indicate wrongdoing by the company at issue. 1 The data reported reflect the complaints and inquiries recorded in CGB’s automated tracking systems for the period July 1, 2006 to September 30, 2006. The information generated for this specific report is information entered into the tracking systems on or before a specific date. In addition, the data within this report account for statistics at the national level as reported to the Commission and, therefore, are not necessarily indicative of corresponding state or local trends. Top Consumer Issues – Subject Category Reference Guide CABLE & SATELLITE SERVICES Accessibility Issues: Complaints/inquiries regarding video description, closed captioning, and emergency access to video programming Billing & Rates: Complaints/inquiries concerning billing matters and the rates charged for cable programming service (or expanded basic) tier on a cable system or satellite services Cable Modem Service: Complaints/inquiries regarding cable modem service Connections to Cable Systems: Complaints/inquiries regarding availability or quality of connections to cable systems Over-The-Air-Reception-Devices (OTARD) Issues: Complaints/inquiries regarding the installation, maintenance or use of antennas -- including direct-to-home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas -- to receive video programming Programming Issues: Complaints/inquiries regarding program content or the choice of channels or programs available to subscribers Satellite Home Viewer Improvement Act (SHVIA): Complaints/inquiries regarding SHVIA issues Service Related Issues: Complaints/inquiries about the quality of service provided by cable operators or satellite programming distributors RADIO & TELEVISION BROADCASTING Accessibility Issues: Complaints/inquiries regarding video description, closed captioning, and emergency access to video programming Commercial Advertisement Issues: Complaints/inquiries regarding commercial advertisements General Broadcast Information: Inquiries regarding general broadcast requirements, licenses, and community obligations How to Start Broadcast Station: Inquiries regarding starting a broadcast station Programming Issues · Obscenity/ Indecency/Profanity: Complaints/inquiries regarding programs that allegedly contain obscene, indecent or profane material · Loud Commercials: Complaints/inquiries regarding abrupt changes in volume during transition from regular programming to commercials · Religious: Complaints/inquiries regarding religious programs · Violence: Complaints/inquiries regarding violence in programs · General Content Criticism: generalized concerns regarding the content of programs WIRELESS TELECOMMUNICATIONS Amateur License Issue: Inquiries regarding Amateur license acquisition, requirements, eligibility, and replacement Billing and Rates-Related – Includes the Following Subcategories: Billing/Rates - Airtime Charges: Complaints/inquiries regarding charges to subscriber for actual time spent talking on a wireless phone Billing/Rates-Credit/Refunds/Adjustments: Complaints/inquiries regarding credits, refunds, or bill adjustments Billing/Rates - Line Items: complaints/inquiries regarding surcharges and taxes appearing on a phone bill · Access Charge: Complaints/inquiries regarding miscellaneous line items charges · E-911: Complaints/inquiries regarding provision of automatic location information and automatic number identification via a wireless phone used to contact a 911 call center · Taxes: Complaints/inquiries regarding taxes appearing on cellular bill · Universal Service: Complaints/inquiries about the availability and affordability of phone service for low income consumers in geographic areas where the costs of providing telephone service is high Billing/Rates – Recurring Charges: Complaints/inquiries over recurring monthly charges that appear on a customer’s bill Billing/Rates – Roaming Rates: Complaints/inquiries about charges assessed to the subscriber for wireless calls made while roaming in another carrier’s territory Billing/Rates – Rounding: Complaints/inquiries about the practice of rounding calls to a full minute Billing/Rates – Service Plan Rate: Complaints/inquiries about the terms and conditions of service: · Activation Fee: usually one time charge to initiate service · Off-Peak: specified time where per-minute rate is lower · Optional Services: including caller-id, voice mail, road-rescue, etc. · Peak: specified time where per-minute rate is higher · Prepaid Service: subscriber pays for service in advance · Promo Plan: including minute allowances · Security Deposit: usually one time charge that is held by the carrier for a specified timeframe in order for subscriber to acquire service Carrier Marketing & Advertising: Complaints/inquiries regarding advertising and marketing practices of carriers including alleged misrepresentations Commercial License Issues: Inquiries regarding commercial licenses. Contract – Early Termination: Complaints/inquiries regarding termination of a subscriber’s service prior to end of specified contract term · Termination of Service by subscriber: subscriber’s liability for terminating service prior to specified contract term · Termination of Service by carrier: carrier’s right to disconnect a subscriber’s service prior to end of a specified contract term Electrical Interference Issue: Inquiries regarding unwanted signals from nearby transmitters to home entertainment electronic equipment General Mobile Radio Service (GMRS) License Issue: Inquiries regarding GMRS license acquisition, requirements, eligibility, and replacement Land Mobile (LM) License Issue: Inquiries regarding LM license acquisition, requirements, eligibility, and replacement Service – Quality/Coverage: Complaints/inquiries regarding quality of service or the lack of coverage within a geographic area served by a wireless provider: · Dead Spots: inability to receive service within certain areas · Dropped Calls: premature termination of calls · Home Area Service: overall quality of service within the subscriber’s local calling area · Network Busy Signal: involving calls that do not go through because of overcrowding of the service frequencies · Roaming Availability: availability of service outside the subscriber’s local calling area · Roaming Service: overall quality of service while roaming · Service Interruption: inability to use cellular phone because service was interrupted by service provider WIRELINE TELECOMMUNICATIONS Billing and Rates-Related – Includes the Following Subcategories: Billing/Rates Credit/Refunds/Adjustments: Complaints/inquiries about credits, refunds, or adjustments allegedly owed to the subscriber Billing/Rates – Line Item: Complaints/inquiries about the line items appearing on telephone bills: · Access – Subscriber Line Charge: questions regarding subscriber local-loop line charges for maintaining residential and business and telephone access to the network · Access – Universal Service: questions regarding the FCC’s universal service fund- affordable access to basic telephone service for low-income consumers and consumers in high-cost areas, and communications services for schools and libraries and health care facilities · Interstate Directory Assistance: questions about charges assessed for access to directory assistance information · Taxes on Telephone Bill: questions about local, state, or federal taxes appearing on a telephone bill · Truth in Billing - No Service Provider ID: Complaints/inquiries about whether the name of the service provider and/or contact information for the service provider is easily identifiable on the bill · Truth in Billing - Bundled Charges: Complaints/inquiries about whether bills contain plain language description and breakdown of charges for each carrier when multiple carriers appear on the bill · Truth in Billing - No Payment Solution: Complaints/inquiries about whether a bill clearly distinguishes charges for which nonpayment will result in disconnection from those that will not result in disconnection Billing/Rates – Rates: Miscellaneous complaints/inquiries about the rates and charges billed by telephone companies: · Casual Call Billing: rates billed for calls placed from non-public phones through a carrier who is not the presubscribed carrier for the telephone (or which does not recognize a telephone number as that of a subscriber) · Double Billing: dispute involving alleged double billing for calls or services · DSL Rate Problem: DSL promotion plan rates allegedly altered or unspecified to consumer · International Internet Dial-up: international calls (routed to places like Chad, Madagascar or other countries) that were billed to consumers as a result of using local (domestic) Internet service providers to access websites · International Calls – Rates: international calls, rates and/or service that either originate or terminate in the U.S. · International 809# Billing: 809 area code collect call and consumer dialing scam · 900 Pay-Per-Call Billing: commercially provided interstate 900 number information or entertainment services · OSP Rates: rates charged for interstate calls placed from public phones · Rates for Interstate Telecommunications Services – Billing: disputes about interstate rates and charges Billing/Rates – Recurring Charges: Complaints/inquiries about recurring charges that appear on a customer’s bill Cramming: Complaints/inquiries about allegedly unauthorized, misleading, or deceptive charges appearing on a telephone bill Digital Service Line (DSL) Issues: Complaints/inquiries regarding DSL issues Service Quality: Complaints/inquiries regarding the quality of service provided by telephone companies: · DSL Service Inadequate: poor quality of service or service outage · Interstate Telecommunications: poor call reception, service outage, service disconnects, or carrier’s failure to release telephone line (and no charges are associated) · Long Distance Service Treatment: inadequate customer service treatment by long distance carrier including, but not limited to, additional services being added without the consumer’s knowledge or approval, etc. Slamming: Complaints/inquiries regarding the practice of changing a subscriber’s telecommunications service provider (or a calling plan) without the subscriber’s permission · International slam: changing a subscriber’s international long distance service without permission · Local Service slammed: changing a subscriber’s local or regional intrastate long distance service without permission · Local and Long Distance slammed: changing a subscriber’s local and long distance service without permission · Long Distance slammed: changing a subscriber’s interstate telephone company service without permission · Slamming w/Problem LOA: changing a subscriber’s interstate telephone company based on fraudulent signed documents or illegal format, such as sweepstake Telephone Consumer Protection Act (TCPA): Complaints/inquiries regarding compliance with the TCPA: · Artificial or Prerecorded Message and/or ATDS: calls to a residence using an artificial or prerecorded voice to deliver a message without prior consent of the called party prohibited unless an emergency exists · Do Not Call List Request Not Honored: no person or entity may initiate any telephone solicitation to a residential telephone subscriber, unless such person or entity has instituted procedures for maintaining a list of persons who have requested not to receive telephone solicitations · Fax Complaint: unsolicited (“junk”) faxes or the use of a computer or other device to send any messages via a telephone facsimile prohibited unless such message clearly contains the date and time it is sent and an identification of the business, other entity or individual sending the message · TCPA General Solicitations: the initiation of a call or message for the purpose of encouraging the purchase or rental of, or investment in property, goods, or services · Time of Day violation: no person or entity may initiate any telephone solicitation to a residential telephone subscriber before 8 a.m. or after 9 p.m. (local time based on the called party’s location) July August September Quarter Totals Cable & Satellite Services Accessibility Issues 2 0 3 5 Billing & Rates 30 38 32 100 Cable Modem Service 18 24 24 66 Programming Issues 83 184 131 398 Service Related Issues 36 43 41 120 Totals 169 289 231 689 July August September Quarter Totals Radio and Television Broadcasting Accessibility Issues 5 3 1 9 Programming - General Criticism 261 248 206 715 Programming - Indecency/Obscenity** 179 404 161,587 162,170 Other Programming Issues 84 69 87 240 Totals 529 724 161,881 163,134 July August September Quarter Totals Wireless Telecommunications Billing & Rates 737 708 587 2032 Carrier Marketing & Advertising 151 162 128 441 Contract - Early Termination 172 142 126 440 Service Quality 248 255 175 678 Telephone Consumer Protection Act 204 194 160 558 Totals 1,512 1,461 1,176 4,149 July August September Quarter Totals Wireline Telecommunications Cramming 99 104 81 284 Service Quality 133 130 90 353 Billing & Rates 773 810 545 2,128 Telephone Consumer Protection Act - Other Issues 1,274 1,478 1,168 3,920 Telephone Consumer Protection Act-Unsolicited Fax 1,881 2,373 1,487 5,741 Totals 4,160 4,895 3,371 12,426 Notes: (1) See attachment for brief description of subject categories. * A Complaint is defined as a communication received at CGB's consumer center either via letter, fax, email, internet, or telephone from or on behalf of an individual that: (i) identifies a particular entity under the FCC's jurisdiction; (ii) alleges harm or inquiry; and (iii) seeks relief. The FCC receives many complaints that do not involve violations of the Communications Act or a FCC rule or order. The existence of a complaint does not necessarily indicate wrong doing by the company involved. ** Complaints regarding alleged indecency/obscenity during specific programs are forwarded to the Enforcement Bureau (EB) for appropriate handling. The reported counts reflect complaints received by CGB, complaints received separately by EB, and complaints emailed directly to the offices of the FCC Chairman and the respective offices of the Commissioners. The reported counts may also include duplicate complaints or contacts that subsequently are determined insufficient to constitute actionable complaints. The data within this report account for statistics at the national level as reported to the Commission, and therefore are not necessarily indicative of corresponding state or local trends. Summary of Top Consumer Complaint * Subjects Processed by the FCC's Consumer & Governmental Affairs Bureau (CGB) Third Quarter-Calendar Year 2006 July August September Quarter Totals Cable & Satellite Services Over the Air Reception Device Issues 167 210 0 377 Digital TV Issues 12 16 10 38 Satellite Home Viewer Improvement Act Issue 382 443 391 1,216 Cable TV & Satellite Issues 756 866 716 2,338 Totals 1,317 1,535 1,117 3,969 July August September Quarter Totals Radio and Television Broadcasting EAS 39 17 20 76 Political Programming Issues 19 49 51 119 Accessibility Issues 69 49 31 149 Digital Television Issues 99 118 111 328 Programming & Content 1,034 1,174 1,045 3,253 Totals 1,260 1,407 1,258 3,925 July August September Quarter Totals Wireless Telecommunications Amateur License Information 358 191 308 857 General Mobile Information 79 70 68 217 Land Mobile Information 51 62 55 168 Electrical Interference 71 84 57 212 Service Issues 1,225 1,357 1,018 3,600 Totals 1,784 1,764 1,506 5,054 July August September Quarter Totals Wireline Telecommunications Billing & Rates Information 634 305 111 1,050 Cramming Information 1,092 1,308 1,116 3,516 Slamming Information 1,188 986 916 3,090 Telephone Consumer Protection Act Issues 1,927 2,176 1,965 6,068 Totals 4,841 4,775 2,143 13,724 *An inquiry is defined as a correspondence received at CGB's consumer center either via letter, email, internet or telephone from individuals seeking information on matters under the FCC's jurisdiction. *The data within this report account for statistics at the national level as reported to the Commission, and therefore are not necessarily indicative of corresponding state and local trends. Summary of Top Consumer Inquiry* Subjects Processed by the FCC's Consumer & Governmental Affairs Bureau (CGB) Third Quarter-Calendar Year 2006