Report No. DC-2641         ACTION IN DOCKET CASE            August 16, 1994


     FCC PROPOSES CHANGES TO RULES GOVERNING PROCEDURES TO BE FOLLOWED
        WHEN INFORMAL COMPLAINTS ARE FILED AGAINST COMMON CARRIERS
                           (CC DOCKET NO. 94-93)

     The Commission has proposed minor modifications to its
procedural rules governing informal complaints against common
carriers.  Specifically, the Commission proposed modifying
certain filing and notice requirements, and clarifying the role
of carriers in informal complaint proceedings. 

     The Commission said this action will assist the public in
preparing informal complaints that conform its rules to current
practice, eliminate the filing of unnecessary formal complaints
and generally facilitate expeditious resolution of informal
complaints.

     Under current rules, all informal complaints must be in
writing and contain a complete statement of facts tending to show
that a carrier did, or omitted to do anything in contravention of
the Communications Act.  The Commission has proposed to amend
this rule to clarify that informal complaints may be filed
against common carriers for violations of the Commission's rules
or orders, as well as the Act.  The Commission further proposed
to revise the rules to require that informal complaints include
factual allegations that would support a finding that the subject
carrier has violated a provision of the Act, FCC rules or orders. 

     In addition, the Commission proposed amending Section 1.716
to add a new subsection (b).  The proposed revision would
explicitly encourage complainants to file both an original
informal complaint as well as one copy for each carrier named in
the informal complaint.  The Commission believes that multiple
copies of informal complaints will greatly reduce the clerical
burden in preparing complaints for processing and will result in
speedier processing of informal complaints.



                                  (over)





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     The Commission said that complaints involving billing
disputes are often filed without copies of relevant billing
statements.  Therefore, the Commission proposed revising Section
1.716 by adding subsection (c) to explicitly encourage
complainants to file a copy of the pertinent bill when the
complaint involves a billing disputes.  The Commission believes
that this proposed rule will enable it to reassign substantial
resources from administrative to direct enforcement functions
such as analyzing and resolving informal complaints.  Moreover,
this reassignment of resources should accelerate disposition of
informal complaints to the benefit of complainants.

     Section 1.717 currently states that the Commission will
forward informal complaints to the appropriate carrier for
investigation.  The Commission has proposed revising this section
to state that the function of carriers in informal complaint
proceedings is to satisfy or answer the written allegations.  In
addition, the Commission proposed further revisions by
eliminating its discretion to close certain informal complaints
without further contact with the carrier and the complainant. 
The Commission stated that the proposed change conforms the rule
to its existing practice by requiring FCC staff to advise the
complainant and the carrier in writing of the disposition of an
informal complaint in every case.

     Finally, in order to eliminate uncertainty and unnecessary
filings, the Commission proposed revising Section 1.718 to state
that, in all cases involving an unsatisfied informal complaint,
the period of time allowed for filing a formal complaint that
will relate back to the filing date of the informal complaint is
60 days after FCC staff has informed the parties in writing of
its disposition of the informal complaint.  The Commission said
that consumers should  benefit from this proposed change because
it provides certainty and clarity to its rule regarding the
period of time allowed for filing a formal complaint based on an
unsatisfied informal complaint.

     Action by the Commission August 11, 1994, by Notice of
Proposed Rulemaking (FCC 94-211).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 632-5050.
     Common Carrier Bureau contact: Renee Terry at (202) 632-
4887.