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: May 6, 2009 Rosemary Kimball at (202) 418-0511 e-mail: rosemary.kimball@fcc.gov QUARTERLY REPORT ON INFORMAL CONSUMER INQUIRIES AND COMPLAINTS RELEASED 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 2008. 2008 Third Quarter Inquiries. During this quarter, the total number of inquiries for all four reported categories increased more than 64%, from 62,036 in the 2 nd quarter of 2008 to 102,079 in the 3 rd quarter of 2008. Notably, the number of Radio and Television Broadcasting inquiries increased more than 93%, from 31,719 in the 2 nd quarter to 61,404 in the 3 rd quarter. The bulk of the Radio and Television Broadcasting inquiries, i.e., 88%, pertained to Digital Television Issues. Wireline inquiries increased over 16% from 21,502 in the 2 nd quarter to 24,981 in the 3 rd quarter. Telephone Consumer Protection Act (TCPA) inquiries constituted over 73% of the inquiries in this category. The number of Cable and Satellite Services inquiries increased more than 118%, as compared to the 2 nd quarter, from 4,130 to 9,008. Inquiries regarding Digital Television Issues constituted 60% of the inquiries in this category. Wireless inquiries increased more than 42% from 4,685 in the 2 nd quarter to 6,686 in the 3 rd quarter. 2008 Third Quarter Complaints. During this quarter, complaints in the reported categories increased over 14%, from 86,530 in the 2 nd quarter to 98,816 in the 3 rd quarter of 2008. Most of the increase occurred in the Radio and Television Broadcasting category where complaints increased from 30,317 in the second quarter to 40,057 this quarter. Programming Indecency/Obscenity complaints comprised over 93% of the 40,057 complaints in this category. Cable & Satellite Services-related complaints increased over 60% from 1,414 in the 2nd quarter of 2008 to 2,263 in the 3 rd quarter. Wireless complaints increased 25% from 13,560 in the 2 nd quarter of 2008 to 16,950 in the 3 rd quarter. TCPA issues comprised over 67% of the complaints in this category. Wireline complaints decreased in the 3 rd quarter of 2008 to 39,546 from 41,239 in the 2 nd quarter of 2008. 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 84% 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.html. - FCC - REPORT ON INFORMAL CONSUMER INQUIRIES AND COMPLAINTS 3 rd Quarter Calendar Year 2008 Executive Summary This report tracks the top subject areas for consumer inquiries and complaints received during the 3 rd 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 Third Quarter Inquiries. During this quarter, the total number of inquiries for all four reported categories increased more than 64%, from 62,036 in the 2 nd quarter of 2008 to 102,079 in the 3 rd quarter of 2008. Notably, the number of Radio and Television Broadcasting inquiries increased more than 93%, from 31,719 in the 2 nd quarter to 61,404 in the 3 rd quarter. The bulk of the Radio and Television Broadcasting inquiries, i.e., 88%, pertained to Digital Television Issues. Wireline inquiries increased over 16% from 21,502 in the 2 nd quarter to 24,981 in the 3 rd quarter. Telephone Consumer Protection Act (TCPA) inquiries constituted over 73% of the inquiries in this category. The number of Cable and Satellite Services inquiries increased more than 118%, as compared to the 2 nd quarter, from 4,130 to 9,008. Inquiries regarding Digital Television Issues constituted 60% of the inquiries in this category. Wireless inquiries increased more than 42% from 4,685 in the 2 nd quarter to 6,686 in the 3 rd quarter. 2008 Third Quarter Complaints. During this quarter, complaints in the reported categories increased over 14%, from 86,530 in the 2 nd quarter to 98,816 in the 3 rd quarter of 2008. Most of the increase occurred in the Radio and Television Broadcasting category where complaints increased from 30,317 in the second quarter to 40,057 this quarter. Programming Indecency/Obscenity complaints comprised over 93% of the 40,057 complaints in this category. Cable & Satellite Services-related complaints increased over 60% from 1,414 in the 2nd quarter of 2008 to 2,263 in the 3 rd quarter. Wireless complaints increased 25% from 13,560 in the 2 nd quarter of 2008 to 16,950 in the 3 rd quarter. TCPA issues comprised over 67% of the complaints in this category. Wireline complaints decreased in the 3 rd quarter of 2008 to 39,546 from 41,239 in the 2 nd quarter of 2008. 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 84% of the wireline-related complaints in the reported sub-categories. - 1 - - 2 - 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.html. i The data reported reflects the complaints and inquiries recorded in CGB’s automated tracking systems for the period July 1, 2008 to September 30, 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. REPORT ON INFORMAL CONSUMER INQUIRIES AND COMPLAINTS 3 rd Quarter Calendar Year 2008 Top Consumer Issues – Subject Category Reference Guide CABLE & SATELLITE SERVICES Billing & Rates Issues: Complaints/inquiries concerning billing matters and the rates charged for cable programming service (or expanded basic) tier on a cable system or satellite services Carrier Marketing & Advertising: Complaints/inquiries regarding advertising and marketing practices of carriers including alleged misrepresentations Digital Television Issues: Complaints/inquiries concerning digital TV service or the transition to digital TV 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) Issues: 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 Broadcast Programming Issues: Complaints/inquiries related to general over-the-air programming issues Carrier Marketing & Advertising: Complaints/inquiries regarding advertising and marketing practices of carriers including alleged misrepresentations Digital Television Issues: Complaints/inquiries concerning digital TV service or the transition to digital TV - 5 - Disability & Access Related Issues: Complaints/inquiries regarding video description, closed captioning, and emergency access to video programming Equipment Related Issues: Complaints/inquiries dealing with equipment related items such as antennas and set top boxes Interference: Complaints/Inquiries regarding unwanted signals from nearby transmitters to home entertainment electronic equipment 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 – 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 - 6 - 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 Equipment Related Issues: Complaints/inquiries dealing with equipment-related items such as antennas and set top boxes Interference: Inquiries regarding unwanted signals from nearby transmitters to wireless communications 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 - 7 - • 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 Tower Related Issues: Complaints/inquiries involving light outages, paint, posting, zoning and registration WIRELINE TELECOMMUNICATIONS Billing & Rates – 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 - 8 - 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 Carrier Marketing & Advertising: Complaints/inquiries regarding advertising and marketing practices of carriers including alleged misrepresentations Cramming: Complaints/inquiries about allegedly unauthorized, misleading, or deceptive charges appearing on a telephone bill Number Portability: Complaints/inquiries regarding number portability 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. - 9 - - 10 - 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) Issues: 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 Universal Service Issues: Complaints/inquiries regarding contribution methodology, general information, rural health care and calculation increases July August September Quarter Totals Cable & Satellite Services Disability & Access Related Issues 23 16 17 56 Service Related Issues 189 120 68 377 Satellite Home Viewer Improvement Act Issues 80 171 189 440 Programming Issues 161 156 161 478 Over-the-Air Reception Devices Issues 223 204 192 619 Billing & Rates Issues 615 612 406 1,633 Digital Television Issues 921 1407 3077 5,405 Totals 2,212 2,686 4,110 9,008 July August September Quarter Totals Radio and Television Broadcasting Disability & Access Related Issues 52 55 61 168 Carrier Marketing & Advertising 117 99 108 324 Interference 121 317 86 524 Broadcast Programming Issues 1,073 750 1,236 3,059 Equipment Related Issues 524 796 1,875 3,195 Digital Television Issues 9,914 12,625 31,595 54,134 Totals 11,801 14,642 34,961 61,404 July August September Quarter Totals Wireless Telecommunications Amateur License Information 71 51 99 221 Tower Related Issues 121 86 94 301 Billing & Rates 286 217 223 726 Interference 283 236 424 943 Service Related Issues 492 444 377 1,313 License Information (General) 1,438 900 844 3,182 Totals 2,691 1,934 2,061 6,686 July August September Quarter Totals Wireline Telecommunications Number Portability 151 117 134 402 Universal Service Issues 157 141 155 453 Billing & Rates 456 351 408 1,215 Slamming 580 543 470 1,593 Cramming 913 991 973 2,877 Telephone Consumer Protection Act Issues 6,062 6,377 6,002 18,441 Totals 8,319 8,520 8,142 24,981 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. Third Quarter - Calendar Year 2008 July August September Quarter Totals Cable & Satellite Services Disability & Access Related Issues 39 20 20 79 Digital Television Issues 60 35 23 118 Carrier Marketing & Advertising 100 82 90 272 Billing & Rates Issues 270 123 135 528 Service Related Issues 330 118 96 544 Programming Issues 245 168 309 722 Totals 1,044 546 673 2,263 July August September Quarter Totals Radio and Television Broadcasting Disability & Access Related Issues 20 4 18 42 Carrier Marketing & Advertising 45 101 45 191 Digital Television Issues 137 147 208 492 Programming - General Criticism 169 79 155 403 Other Programming Issues 436 278 757 1,471 Programming - Indecency/Obscenity** 5,468 14,153 17,837 37,458 Totals 6,275 14,762 19,020 40,057 July August September Quarter Totals Wireless Telecommunications Carrier Marketing & Advertising 154 110 119 383 Equipment Related Issues 206 117 105 428 Contract - Early Termination 297 214 179 690 Service Related Issues 444 274 214 932 Billing & Rates 1,246 1,068 759 3,073 Telephone Consumer Protection Act 4,400 3,981 3,063 11,444 Totals 6,747 5,764 4,439 16,950 July August September Quarter Totals Wireline Telecommunications Carrier Marketing & Advertising 207 172 155 534 Cramming 235 200 210 645 Service Quality 509 326 312 1,147 Billing & Rates 1,594 1,178 999 3,771 Telephone Consumer Protection Act - Do Not Call List 2,739 2,853 2,726 8,318 Telephone Consumer Protection Act -Other Issues 3,611 3,575 3,432 10,618 Telephone Consumer Protection Act-Unsolicited Fax 6,810 4,117 3,586 14,513 Totals 15,705 12,421 11,420 39,546 (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 Third 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.