NEWS Federal Communications Commission 445 12 th 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 8, 2009 Pam Slipakoff at (202) 418-1400 e-mail: pam.slipakoff@fcc.gov QUARTERLY REPORT ON INFORMAL CONSUMER INQUIRIES AND COMPLAINTS RELEASE 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 first quarter of calendar year 2008. 2008 First Quarter Inquiries. During this quarter, the total number of inquiries for all four reported categories increased more than 176%, from 46,960 in the 4 th quarter of 2007 to 82,897 in the 1 st quarter of 2008. Notably, the number of Radio and Television Broadcasting inquiries increased 310% in the 1 st quarter of 2008 from 16,745 in the 4 th quarter of 2007 to 51,920 in the 1 st quarter of 2008. The bulk of the Radio and Television Broadcasting inquiries, i.e., 90%, pertained to digital television issues. Wireline inquiries increased 8% from 19,524 in the 4 th quarter of 2007 to 21,096 this quarter. Telephone Consumer Protection Act (TCPA) inquiries constituted 75% of the inquiries in this category. The number of Cable and Satellite Services inquiries increased nearly 10%, as compared to last quarter, from 3,459 to 3,800. Inquiries regarding Billing & Rates Information constituted 38% of the inquiries in this category. Wireless inquiries decreased 16% from 7,232 to 6,081 this quarter. 2008 First Quarter Complaints. During this quarter, complaints in the reported categories increased over 413%, from 42,946 in the 4 th quarter of 2007 to 174,826 in the 1 st quarter of 2008. Most of the increase occurred in the Radio and Television Broadcasting category where complaints rose from 1,249 in the 4 th quarter of 2007 to 122,104 in the first quarter of 2008. Programming Indecency/Obscenity complaints comprised 99% of the 122,104 complaints in this category. Cable & Satellite Services-related complaints increased 50% from 615 in the 4 th quarter of 2007 to 923 in the 1 st quarter of 2008. Wireless complaints increased 52% from 12,448 in the 4 th quarter of 2007 to 18,964 in the 1 st quarter of 2008. TCPA issues comprised over 67% of the complaints in this category. Wireless TCPA complaints rose again this quarter, from 6,489 in the 4 th quarter of 2007 to 12,839 in the 1 st quarter of 2008. Wireline complaints also rose in the 1 st quarter of 2008 to 35,602 from 28,634 in the 4 th quarter of 2007. Telephone Consumer Protection Act - Other Issues, Telephone Consumer Protection Act - Do Not Call List and Telephone Consumer Protection Act – Unsolicited Fax ranked as the top categories of wireline complaints and when combined, totaled over 88% of the wireline- related complaints in the reported sub-categories. 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. The quarterly report on informal consumer inquiries and complaints release can be viewed at: http://www.fcc.gov/cgb/quarter/welcome.htm. - FCC - REPORT ON INFORMAL CONSUMER INQUIRIES AND COMPLAINTS 1 st Quarter Calendar Year 2008 Executive Summary This report tracks the top subject areas for consumer inquiries and complaints received during the 1 st quarter of calendar year 2008 and processed by the Consumer & Governmental Affairs Bureau (CGB). i Inquiries are defined as correspondence or communications received at the Commission from individuals seeking information on matters under the FCC’s jurisdiction. An informal consumer complaint is 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. 2008 First Quarter Inquiries. During this quarter, the total number of inquiries for all four reported categories increased more than 176%, from 46,960 in the 4 th quarter of 2007 to 82,897 in the 1 st quarter of 2008. Notably, the number of Radio and Television Broadcasting inquiries increased 310% in the 1 st quarter of 2008 from 16,745 in the 4 th quarter of 2007 to 51,920 in the 1 st quarter of 2008. The bulk of the Radio and Television Broadcasting inquiries, i.e., 90%, pertained to digital television issues. Wireline inquiries increased 8% from 19,524 in the 4 th quarter of 2007 to 21,096 this quarter. Telephone Consumer Protection Act (TCPA) inquiries constituted 75% of the inquiries in this category. The number of Cable and Satellite Services inquiries increased nearly 10%, as compared to last quarter, from 3,459 to 3,800. Inquiries regarding Billing & Rates Information constituted 38% of the inquiries in this category. Wireless inquiries decreased 16% from 7,232 to 6,081 this quarter. 2008 First Quarter Complaints. During this quarter, complaints in the reported categories increased over 413%, from 42,946 in the 4 th quarter of 2007 to 174,826 in the 1 st quarter of 2008. Most of the increase occurred in the Radio and Television Broadcasting category where complaints rose from 1,249 in the 4 th quarter of 2007 to 122,104 in the first quarter of 2008. Programming Indecency/Obscenity complaints comprised 99% of the 122,104 complaints in this category. Cable & Satellite Services-related complaints increased 50% from 615 in the 4 th quarter of 2007 to 923 in the 1 st quarter of 2008. Wireless complaints increased 52% from 12,448 in the 4 th quarter of 2007 to 18,964 in the 1 st quarter of 2008. TCPA issues comprised over 67% of the complaints in this category. Wireless TCPA complaints rose again this quarter, from 6,489 in the 4 th quarter of 2007 to 12,839 in the 1 st quarter of 2008. Wireline complaints also rose in the 1 st quarter of 2008 to 35,602 from 28,634 in the 4 th quarter of 2007. Telephone Consumer Protection Act - Other Issues, Telephone Consumer Protection Act - Do Not Call List and Telephone Consumer Protection Act – Unsolicited Fax ranked as the top categories of wireline complaints and when combined, totaled over 88% of the wireline-related complaints in the reported sub-categories. 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. The quarterly report on informal consumer inquiries and complaints release can be viewed at: http://www.fcc.gov/cgb/quarter/welcome.htm. i The data reported reflects the complaints and inquiries recorded in CGB’s automated tracking systems for the period January 1, 2008 to March 31, 2008. 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 by the Commission and, therefore, are not necessarily indicative of corresponding state or local trends. January February March Quarter Totals Cable & Satellite Services Disability & Access Related Issues 31 22 18 71 Service-Related Issues 202 126 182 510 Over-the-Air Reception Devices Issues 169 184 180 533 Satellite Home Viewer Improvement Act 226 146 187 559 Programming Issues 168 333 177 678 Billing & Rates 516 444 489 1,449 Totals 1,312 1,255 1,233 3,800 January February March Quarter Totals Radio and Television Broadcasting Emergency Alert System (EAS) 36 45 48 129 Disability & Access Related Issues 28 66 43 137 Political Programming Issues 514 33 61 608 Interference 428 404 400 1,232 Broadcast Programming Issues 1,416 989 916 3,321 Digital Television Issues 21,839 12,023 12,631 46,493 Totals 24,261 13,560 14,099 51,920 January February March Quarter Totals Wireless Telecommunications Amateur License Information 108 101 67 276 Interference 280 255 248 783 Billing & Rates Information 341 325 275 941 Service-Related Issues 570 511 499 1,580 License Information (General) 932 789 780 2,501 Totals 2,231 1,981 1,869 6,081 January February March Quarter Totals Wireline Telecommunications Number Portability 125 154 117 396 Universal Service Issues 175 192 157 524 Billing & Rates Information 364 358 381 1,103 Slamming 487 461 484 1,432 Cramming 576 566 588 1,730 Telephone Consumer Protection Act 5,287 5,133 5,491 15,911 Totals 7,014 6,864 7,218 21,096 Notes: Summary of Top Consumer Inquiry * Subjects Processed by the FCC's Consumer & Governmental Affairs Bureau (CGB) ** The inquiries figures in this report represent volume for the categories and sub-categories listed in this report only and are not inclusive of all inquiries for all categories handled by the FCC. (2) 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. * An inquiry is defined as any correspondence or communication received at CGB’s Consumer Centers from individuals seeking information on matters under the FCC’s jurisdiction. (1) See attachment for brief description of subject categories. First Quarter - Calendar Year 2008 January February March Quarter Totals Cable & Satellite Services Disability & Access related issues 3 6 9 18 Cable TV & Satellite Connectivity and Availability 42 50 19 111 Service Related Issues 28 81 67 176 Programming Issues 95 190 95 380 Billing & Rates 30 106 102 238 Totals 198 433 292 923 January February March Quarter Totals Radio and Television Broadcasting Disability & Access related issues 4 16 2 22 Other Programming Issues 38 108 55 201 Programming - General Criticism 193 487 270 950 Programming - Indecency/Obscenity** 108,919 10,825 1,187 120,931 Totals 109,154 11,436 1,514 122,104 January February March Quarter Totals Wireless Telecommunications Carrier Marketing & Advertising 216 171 74 461 Contract - Early Termination 158 242 124 524 Service-Related Issues 1,718 539 155 2,412 Billing & Rates Information 617 1,367 744 2,728 Telephone Consumer Protection Act 4,494 3,258 5,087 12,839 Totals 7,203 5,577 6,184 18,964 January February March Quarter Totals Wireline Telecommunications Service Quality 180 271 174 625 Slamming 235 134 207 576 Billing & Rates Information 862 1,504 685 3,051 Telephone Consumer Protection Act - Do Not Call List 1,668 1,443 1,557 4,668 Telephone Consumer Protection Act -Other Issues 3,281 3,356 3,493 10,130 Telephone Consumer Protection Act-Unsolicited Fax 4,390 3,612 5,783 13,785 Totals 10,616 10,320 11,899 32,835 (1) See attachment for brief description of subject categories. (2) 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. Processed by the FCC's Consumer & Governmental Affairs Bureau (CGB) Summary of Top Complaint * Subjects First Quarter - Calendar Year 2008 Notes: ** The number of programming complaints assigned to each of the programming sub-categories is based on initial processing. The distribution of programming complaints among the sub-categories may change upon further review. Complaints regarding alleged indecency/obscenity/profanity during specific programs are forwarded to the Enforcement Bureau (EB) for appropriate handling. The number of Programming complaints reported here reflects 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 include duplicate complaints or contacts that subsequently are determined insufficient to constitute actionable complaints. * An informal consumer complaint is defined as any correspondence or communication received at CGB’s Consumer Centers either via postal mail, fax, electronic mail (e-mail) 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) requests relief. The complaint figures in this report reflect selected categories of complaints -- namely, the top complaint subjects -- and are not inclusive of all complaints handled by the FCC. Top Consumer Issues – Subject Category Reference Guide CABLE & SATELLITE SERVICES 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 TV & Satellite Connectivity and Availability: Complaints/inquiries regarding the availability or quality of connections to cable and satellite systems Disability & Access Related Issues: Complaints/inquiries regarding video description, closed captioning, and emergency access to video programming 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 Disability & Access Related Issues: Complaints/inquiries regarding video description, closed captioning, and emergency access to video programming Broadcast Programming Issues: Complaints/inquiries related to general over the air programming issues Digital Television Issues: Complaints/inquiries concerning digital TV service or the transition to digital TV Emergency Alert System (EAS): Complaints/inquiries concerning the emergency alert system Interference: Complaints/Inquiries regarding unwanted signals from nearby transmitters to home entertainment electronic equipment Political Programming Issues: Complaints/inquiries with program content of a political oriented nature Programming Issues • Indecency/Obscenity: Complaints/inquiries regarding programs that allegedly contain obscene, indecent or profane material • General Criticism: generalized concerns regarding the content of programs • Other Programming Issues: Miscellaneous programming issues WIRELESS TELECOMMUNICATIONS Amateur License Information: Inquiries regarding Amateur license acquisition, requirements, eligibility, and replacement Billing & Rates Information – 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 wireless 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 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 Interference: Inquiries regarding unwanted signals from nearby transmitters to home entertainment electronic equipment License Information (General): Inquiries regarding GMRS license acquisition, requirements, eligibility, cancellation, frequency coordination, replacement and other general license related issues Service-Related Issues: 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 Telephone Consumer Protection Act (TCPA): Complaints/inquiries regarding compliance with the TCPA requirements applicable to wireless telecommunications WIRELINE TELECOMMUNICATIONS Billing & Rates Information– 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 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 TCPA: • Do Not Call List: any telephone solicitation to a residential telephone subscriber who has requested not to receive telephone solicitations • Unsolicited Fax: unsolicited (“junk”) faxes or the use of a computer or other device to send any messages via a telephone facsimile • Other Issues: Complaints/inquiries dealing with all other aspects of TCPA except Do Not Call List and Junk Fax