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: July 1, 2008 Rosemary Kimball at (202) 418-0511 e-mail: rosemary.kimball@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 third quarter of calendar year 2007. 2007 Third Quarter Inquiries. During this quarter there was a 7% decrease in the total number of inquiries for all four reported categories from 20,370 to 18,977. There was a 19% decrease in the number of Wireless inquiries received in the 3 rd quarter from 4,910 to 4,014. Amateur License Information and Service Issues related inquiries continue as the top Wireless categories this quarter combined representing 91% of the inquiries for this category. Wireline inquiries increased 21% from 6,296 to 7,645 this quarter. Telephone Consumer Protection Act (TCPA) contributed approximately 40% of the inquiries for this category. Radio and Television Broadcasting inquiry receipts decreased 29% from 5,082 to 3,576. Broadcast Programming Issues ranked as the top Radio and Television Broadcasting inquiry category this quarter representing over 66% of the 3,576 inquiries. Cable and Satellite Services inquiries decreased 8% from 4,082 to 3,742 this quarter. Cable TV & Satellite Issues and Satellite Home Viewer Improvement Act Issues continued as the top categories and combined contributed 84% of the inquiries for this category. 2007 Third Quarter Complaints. Complaints in the categories reported reflect a 6.4% decrease this quarter from 33,211 to 31,194. The major source of this decrease was in the category for “Radio and Television Broadcasting” under Programming Indecency/Obscenity. The number of Radio and Television Broadcasting complaints decreased this quarter from 5,675 to 987. Programming Indecency/Obscenity alone decreased from 4,368 in the 2 nd quarter to 368 complaints this quarter. Wireless complaints increased 24% from 6,338 to 7,851. TCPA issues continued as the top ranked category this quarter representing 47% of the complaints in this category. Wireless TCPA complaints rose again this quarter to 4,113 from 3,164. Wireline complaints also rose in the 3 rd quarter to 21,759 from 20,188 in the 2 nd quarter. 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 and combined totaled over 86% of the Wireline related complaints in the reported categories. The introduction of the “1088” form for TCPA related complaints in May 2007 continues to provide a more detailed breakdown of TCPA related complaints. On a related note, there continues to be a shift from “general” TCPA complaints to more specific TCPA complaint types. TCPA is now separated into three categories under Wireline to represent the most common complaint types in this area. Cable & Satellite Services related complaints decreased 40% from 1,010 in the 2 nd quarter to 597 in the 3 rd quarter. Programming Issues continued as the top category with 250 complaints. 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 3 rd Quarter Calendar Year 2007 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 2007. 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. 2007 Third Quarter Inquiries. During this quarter there was a 7% decrease in the total number of inquiries for all four reported categories from 20,370 to 18,977. There was a 19% decrease in the number of Wireless inquiries received in the 3 rd quarter from 4,910 to 4,014. Amateur License Information and Service Issues related inquiries continue as the top Wireless categories this quarter combined representing 91% of the inquiries for this category. Wireline inquiries increased 21% from 6,296 to 7,645 this quarter. Telephone Consumer Protection Act (TCPA) contributed approximately 40% of the inquiries for this category. Radio and Television Broadcasting inquiry receipts decreased 29% from 5,082 to 3,576. Broadcast Programming Issues ranked as the top Radio and Television Broadcasting inquiry category this quarter representing over 66% of the 3,576 inquiries. Cable and Satellite Services inquiries decreased 8% from 4,082 to 3,742 this quarter. Cable TV & Satellite Issues and Satellite Home Viewer Improvement Act Issues continued as the top categories and combined contributed 84% of the inquiries for this category. 2007 Third Quarter Complaints. Complaints in the categories reported reflect a 6.4% decrease this quarter from 33,211 to 31,194. The major source of this decrease was in the category for “Radio and Television Broadcasting” under Programming Indecency/Obscenity. The number of Radio and Television Broadcasting complaints decreased this quarter from 5,675 to 987. Programming Indecency/Obscenity alone decreased from 4,368 in the 2 nd quarter to 368 complaints this quarter. Wireless complaints increased 24% from 6,338 to 7,851. TCPA issues continued as the top ranked category this quarter representing 47% of the complaints in this category. Wireless TCPA complaints rose again this quarter to 4,113 from 3,164. Wireline complaints also rose in the 3 rd quarter to 21,759 from 20,188 in the 2 nd quarter. 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 and combined totaled over 86% of the Wireline related complaints in the reported categories. The introduction of the “1088” form for TCPA related complaints in May 2007 continues to provide a more detailed breakdown of TCPA related complaints. On a related note, there continues to be a shift from “general” TCPA complaints to more specific TCPA complaint types. TCPA is now separated into three categories under Wireline to represent the most common complaint types in this area. Cable & Satellite Services related complaints decreased 40% from 1,010 in the 2 nd quarter to 597 in the 3 rd quarter. Programming Issues continued as the top category with 250 complaints. 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 July 1, 2007 to September 30, 2007. 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. July August September Quarter Totals Cable & Satellite Services Digital TV Issues 7 9 13 29 Over-the-Air Reception Device Issues 143 209 184 536 Satellite Home Viewer Improvement Act Issue 319 384 400 1,103 Cable TV & Satellite Issues 640 793 641 2,074 Totals 1,109 1,395 1,238 3,742 July August September Quarter Totals Radio and Television Broadcasting Emergency Alert System (EAS) 31 17 6 54 Political Programming Issues 19 14 24 57 Digital Television Issues 281 336 454 1,071 Broadcast Programming Issues 743 885 766 2,394 Totals 1,074 1,252 1,250 3,576 July August September Quarter Totals Wireless Telecommunications Land Mobile Information 34 35 37 106 Electrical Interference 41 48 33 122 General Mobile Information 45 52 28 125 Amateur License Information 236 217 61 514 Service Quality 1,024 1,135 988 3,147 Totals 1,380 1,487 1,147 4,014 July August September Quarter Totals Wireline Telecommunications Billing & Rates Information 114 92 62 268 Slamming Information 667 848 511 2,026 Cramming Information 850 919 513 2,282 Telephone Consumer Protection Act Issues 853 664 1,552 3,069 Totals 2,484 2,523 2,638 7,645 Notes: (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 2007 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. July August September Quarter Totals Cable & Satellite Services Cable Modem Services 29 40 18 87 Billing & Rates 47 36 35 118 Service Related Issues 44 56 42 142 Programming Issues 95 86 69 250 Totals 215 218 164 597 July August September Quarter Totals Radio and Television Broadcasting Accessibility Issues 3 0 3 6 Other Programming Issues 59 46 60 165 Programming - General Criticism 142 137 169 448 Programming - Indecency/Obscenity** 100 119 149 368 Totals 304 302 381 987 July August September Quarter Totals Wireless Telecommunications Carrier Marketing & Advertising 148 142 113 403 Contract - Early Termination 164 153 122 439 Service Quality 245 254 192 691 Billing & Rates 758 805 642 2,205 Telephone Consumer Protection Act 1,427 1,432 1,254 4,113 Totals 2,742 2,786 2,323 7,851 July August September Quarter Totals Wireline Telecommunications Slamming 132 133 133 398 Service Quality 161 174 129 464 Billing & Rates 718 735 622 2,075 Telephone Consumer Protection Act - Do Not Call List 1,107 1,169 1,080 3,356 Telephone Consumer Protection Act -Other Issues 1,666 1,885 1,810 5,361 Telephone Consumer Protection Act-Unsolicited Fax 2,630 2,436 5,039 10,105 Totals 6,414 6,532 8,813 21,759 (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 2007 ** 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 Modem Service: Complaints/inquiries regarding cable modem service Cable TV & Satellite Issues: Complaints/inquiries dealing with cable and satellite TV service Digital TV Issues: Complaints/inquiries concerning digital TV service or the transition to digital TV 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 Broadcast Programming issues: Complaints/inquiries related to general over the air programming issues Digital TV Issues: Complaints/inquiries concerning digital TV service or the transition to digital TV Emergency Alert System (EAS): Complaints/inquiries concerning the emergency alert system Programming Issues • Indecency/Obscenity: Complaints/inquiries regarding programs that allegedly contain obscene, indecent or profane material • Political Programming: Complaints/inquiries regarding programming designed around political campaigns commercials • General Criticism: generalized concerns regarding the content of programs • Other Programming Issues: other miscellaneous programming categories WIRELESS TELECOMMUNICATIONS Amateur License Information: 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 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 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 Mobil Issue: Inquiries regarding LM license acquisition requirements, eligibility and replacement Service Quality: 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 wireless TCPA 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 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 • Fax Complaint: unsolicited (“junk”) faxes or the use of a computer or other device to send any messages via a telephone facsimile • TCPA Other Issues: Complaints/inquiries dealing with all other aspects of TCPA except Do Not Call List and Junk Fax