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: September 8, 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 first quarter of calendar year 2009. 2009 First Quarter Inquiries. During this quarter, the total number of inquiries for all four reported categories increased more than 10%, from 221,419 in the 4 th quarter of 2008 to 245,505 in the 1 st quarter of 2009. Notably, the number of Radio and Television Broadcasting inquiries increased more than 19%, from 180,949 in the 4 th quarter of 2008 to 215,928 in the 1 st quarter of 2009. The bulk of the Radio and Television Broadcasting inquiries, i.e., more than 55%, pertained to Digital Television Issues. Wireline inquiries decreased 41% from 21,355 in the 4 th quarter of 2008 to 12,568 in the 1 st quarter of 2009. Telephone Consumer Protection Act (TCPA) inquiries constituted 66% of the inquiries in this category. The number of Cable and Satellite Services inquiries decreased more than 16%, as compared to the 4 th quarter from 15,594 to 13,017. Inquiries regarding Digital Television Issues constituted 53% of the inquiries in this category. Wireless inquiries increased 13% from 3,521 in the 4 th quarter of 2008 to 3,992 in the 1 st quarter of 2009. 2009 First Quarter Complaints. During this quarter, complaints in the reported categories increased over 246%, from 70,836 in the 4 th quarter of 2008 to 245,241 in the 1 st quarter of 2009. Most of the increase occurred between the Radio and Television Broadcasting category, where complaints increased from 29,108 in the 4 th quarter of 2008 to 188,558 in the 1 st quarter of 2009, and the Wireline Telecommunications category, where complaints increased from 27,160 in the 4 th quarter to 36,427 in the 1 st quarter. Cable & Satellite Services complaints increased 96% from 2,097 in the 4 th quarter of 2008 to 4,113 in the 1 st quarter of 2009. Wireless complaints increased over 29% from 12,464 in the 4 th quarter of 2008 to 16,142 in the 1 st quarter of 2009. TCPA issues comprised 73% of the complaints in this category. Wireline complaints increased by 34% in the 1 st quarter of 2009 to 36,427 from 27,160 in the 4 th 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 nearly 87% 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 1 st Quarter Calendar Year 2009 Executive Summary This report tracks the top subject areas for consumer inquiries and complaints received during the 1 st quarter of calendar year 2009 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, electronic mail (e-mail), 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. 2009 First Quarter Inquiries. During this quarter, the total number of inquiries for all four reported categories increased more than 10%, from 221,419 in the 4 th quarter of 2008 to 245,505 in the 1 st quarter of 2009. Notably, the number of Radio and Television Broadcasting inquiries increased more than 19%, from 180,949 in the 4 th quarter of 2008 to 215,928 in the 1 st quarter of 2009. The bulk of the Radio and Television Broadcasting inquiries, i.e., more than 55%, pertained to Digital Television Issues. Wireline inquiries decreased 41% from 21,355 in the 4 th quarter of 2008 to 12,568 in the 1 st quarter of 2009. Telephone Consumer Protection Act (TCPA) inquiries constituted 66% of the inquiries in this category. The number of Cable and Satellite Services inquiries decreased more than 16%, as compared to the 4 th quarter from 15,594 to 13,017. Inquiries regarding Digital Television Issues constituted 53% of the inquiries in this category. Wireless inquiries increased 13% from 3,521 in the 4 th quarter of 2008 to 3,992 in the 1 st quarter of 2009. 2009 First Quarter Complaints. During this quarter, complaints in the reported categories increased over 246%, from 70,836 in the 4 th quarter of 2008 to 245,241 in the 1 st quarter of 2009. Most of the increase occurred between the Radio and Television Broadcasting category where complaints increased from 29,108 in the 4 th quarter of 2008 to 188,558 in the 1 st quarter of 2009, and the Wireline Telecommunications category, where complaints increased from 27,160 in the 4 th quarter to 36,427 in the 1 st quarter. Cable & Satellite Services complaints increased 96% from 2,097 in the 4 th quarter of 2008 to 4,114 in the 1 st quarter of 2009. Wireless complaints increased over 29% from 12,464 in the 4 th quarter of 2008 to 16,142 in the 1 st quarter of 2009. TCPA issues comprised 73% of the complaints in this category. Wireline complaints increased by 34% in the 1 st quarter of 2009 to 36,427 from 27,160 in the 4 th 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 nearly 87% 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 -1- 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 January 1, 2009 to March 31, 2009. 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. -2- REPORT ON INFORMAL CONSUMER INQUIRIES AND COMPLAINTS 1 ST Quarter Calendar Year 2009 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 Digial Television Issues: Complaints/inquiries concerning digital TV service or the transition to digital TV 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 Equipment Related Issues: Complaints/inquiries dealing with equipment related items such as antennas and set top boxes License Information (General): Inquiries regarding broadcast station license, transfer of control, frequency assignment, sale and transfer and other general broadcast license issues -3- 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 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 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 a 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 a one-time charge that is held by the carrier for a specified timeframe in order for subscriber to acquire service -4- 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 wireless communications equipment License Information (General): Inquiries regarding General Moile Radio Services (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 wireless 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 -5- 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 -6- 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) 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. -7- January February March Quarter Totals Cable & Satellite Services Programming Issues 247 175 284 706 Satellite Home Viewer Improvement Act Issues 231 230 274 735 Billing & Rates Issues 608 680 922 2,210 Service Related Issues 2,015 175 262 2,452 Digital Television Issues 3,512 2,100 1,302 6,914 Totals 6,613 3,360 3,044 13,017 January February March Quarter Totals Radio and Television Broadcasting Carrier Marketing & Advertising 104 191 137 432 Broadcast Programming Issues 643 891 1,470 3,004 License Information (General) 812 949 1,169 2,930 Equipment Related Issues 68,102 21,176 394 89,672 Digital Television Issues 32,529 33,724 53,637 119,890 Totals 102,190 56,931 56,807 215,928 January February March Quarter Totals Wireless Telecommunications Tower Related Issues 82 112 129 323 License Information (General) 168 152 154 474 Billing & Rates 221 282 327 830 Service Related Issues 271 295 335 901 Interference 400 456 608 1,464 Totals 1,142 1,297 1,553 3,992 January February March Quarter Totals Wireline Telecommunications Slamming 179 184 268 631 Universal Service Issues 138 225 406 769 Cramming 314 398 594 1,306 Billing & Rates 329 485 733 1,547 Telephone Consumer Protection Act Issues 1,799 2,598 3,918 8,315 Totals 2,759 3,890 5,919 12,568 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 2009 Page 8 January February March Quarter Totals Cable & Satellite Services Digital Television Issues 101 46 23 170 Service Related Issues 93 138 113 344 Carrier Marketing & Advertising 101 141 139 381 Billing & Rates Issues 189 188 206 583 Programming Issues 339 287 2,009 2,635 Totals 823 800 2,490 4,113 January February March Quarter Totals Radio and Television Broadcasting Programming - General Criticism 83 148 234 465 Digital Television Issues 494 399 296 1,189 Other Programming Issues 510 248 676 1,434 Carrier Marketing & Advertising 55 4,298 37 4,390 Programming - Indecency/Obscenity** 578 505 179,997 181,080 Totals 1,720 5,598 181,240 188,558 January February March Quarter Totals Wireless Telecommunications Carrier Marketing & Advertising 73 119 122 314 Contract - Early Termination 144 152 160 456 Service Related Issues 173 158 179 510 Billing & Rates 1,022 927 1,070 3,019 Telephone Consumer Protection Act 3,136 3,927 4,780 11,843 Totals 4,548 5,283 6,311 16,142 January February March Quarter Totals Wireline Telecommunications Service Quality 282 236 303 821 Billing & Rates 1,426 1,156 1,498 4,080 Telephone Consumer Protection Act-Unsolicited Fax 2,687 2,371 3,559 8,617 Telephone Consumer Protection Act - Do Not Call List 2,974 3,618 4,431 11,023 Telephone Consumer Protection Act -Other Issues 3,206 3,704 4,976 11,886 Totals 10,575 11,085 14,767 36,427 (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 2009 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. Page 9