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 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 second quarter of calendar year 2008. 2008 Second Quarter Inquiries. During this quarter, the total number of inquiries for all four reported categories decreased more than 33%, from 82,897 in the 1 st quarter of 2008 to 62,036 in the 2 nd quarter of 2008. Notably, the number of Radio and Television Broadcasting inquiries decreased 63%, from 51,920 in the 1 st quarter to 31,719 in the 2 nd quarter. The bulk of the Radio and Television Broadcasting inquiries, i.e., 84%, pertained to Digital Television Issues. Wireline inquiries increased 2% from 21,096 in the 1 st quarter of 2008 to 21,502 in the 2 nd quarter. Telephone Consumer Protection Act (TCPA) inquiries constituted over 78% of the inquiries in this category. The number of Cable and Satellite Services inquiries increased more than 8%, as compared to the 1 st quarter, from 3,800 to 4,130. Inquiries regarding Billing & Rates Information constituted 33% of the inquiries in this category. Wireless inquiries decreased 29% from 6,081, in the 1 st to 4,685 in the 2 nd quarter. 2008 Second Quarter Complaints. During this quarter, complaints in the reported categories decreased over 50%, from 174,826 in the 1 st quarter of 2008 to 86,530 in the 2 nd quarter of 2008. Most of the decrease occurred in the Radio and Television Broadcasting category where complaints dropped from 122,104 in the 1 st quarter of 2008 to 30,317 in the second quarter of 2008. Programming Indecency/Obscenity complaints comprised over 82% of the 30,317 complaints in this category. Cable & Satellite Services-related complaints increased over 53% from 923 in the 1 st quarter of 2008 to 1,414 in the 2 nd quarter. Wireless complaints decreased 29% from 18,964 in the 1 st quarter of 2008 to 13,560 in the 2 nd quarter. TCPA issues comprised over 70% of the complaints in this category. Wireline complaints rose in the 2 nd quarter of 2008 to 41,239 from 32,835 in the 1 st 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 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 2 nd Quarter Calendar Year 2008 Executive Summary This report tracks the top subject areas for consumer inquiries and complaints received during the 2 nd 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 Second Quarter Inquiries. During this quarter, the total number of inquiries for all four reported categories decreased more than 33%, from 82,897 in the 1 st quarter of 2008 to 62,036 in the 2 nd quarter of 2008. Notably, the number of Radio and Television Broadcasting inquiries decreased 63%, from 51,920 in the 1 st quarter to 31,719 in the 2 nd quarter. The bulk of the Radio and Television Broadcasting inquiries, i.e., 84%, pertained to Digital Television Issues. Wireline inquiries increased 2% from 21,096 in the 1 st quarter of 2008 to 21,502 in the 2 nd quarter. Telephone Consumer Protection Act (TCPA) inquiries constituted over 78% of the inquiries in this category. The number of Cable and Satellite Services inquiries increased more than 8%, as compared to the 1 st quarter, from 3,800 to 4,130. Inquiries regarding Billing & Rates Information constituted 33% of the inquiries in this category. Wireless inquiries decreased 29% from 6,081, in the 1 st to 4,685 in the 2 nd quarter. 2008 Second Quarter Complaints. During this quarter, complaints in the reported categories decreased over 50%, from 174,826 in the 1 st quarter of 2008 to 86,530 in the 2 nd quarter of 2008. Most of the decrease occurred in the Radio and Television Broadcasting category where complaints dropped from 122,104 in the 1 st quarter of 2008 to 30,317 in the second quarter of 2008. Programming Indecency/Obscenity complaints comprised over 82% of the 30,317 complaints in this category. Cable & Satellite Services-related complaints increased over 53% from 923 in the 1 st quarter of 2008 to 1,414 in the 2 nd quarter. Wireless complaints decreased 29% from 18,964 in the 1 st quarter of 2008 to 13,560 in the 2 nd quarter. TCPA issues comprised over 70% of the complaints in this category. Wireline complaints rose in the 2 nd quarter of 2008 to 41,239 from 32,835 in the 1 st 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 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 April 1, 2008 to June 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. April May June Quarter Totals Cable & Satellite Services Disability & Access Related Issues 17 17 12 46 Service Related Issues 138 82 141 361 Programming Issues 137 137 121 395 Satellite Home Viewer Improvement Act Issues 143 150 135 428 Over-the-Air Reception Device Issues 210 202 197 609 Digital Television Issues 10 117 777 904 Billing & Rates Issues 434 433 520 1,387 Totals 1,089 1,138 1,903 4,130 April May June Quarter Totals Radio and Television Broadcasting Disability & Access Related Issues 70 66 58 194 Carrier Marketing & Advertising 139 117 113 369 Interference 334 279 347 960 Broadcast Programming Issues 1,891 782 755 3,428 Digital Television Issues 16,470 5,194 5,104 26,768 Totals 18,904 6,438 6,377 31,719 April May June Quarter Totals Wireless Telecommunications Amateur License Information 74 65 57 196 Tower Related Issues 116 92 85 293 Interference 237 212 216 665 Billing & Rates 254 172 226 652 Service Related Issues 409 462 520 1,391 License Information (General) 593 479 416 1,488 Totals 1,683 1,482 1,520 4,685 April May June Quarter Totals Wireline Telecommunications Universal Service Issues 55 178 153 386 Billing & Rates 386 405 467 1,258 Slamming 462 457 504 1,423 Cramming 592 560 338 1,490 Telephone Consumer Protection Act Issues 5,849 5,801 5,295 16,945 Totals 7,344 7,401 6,757 21,502 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. Second Quarter - Calendar Year 2008 April May June Quarter Totals Cable & Satellite Services Digital Television Issues 19 27 51 97 Carrier Marketing & Advertising 29 42 67 138 Service Related Issues 60 74 73 207 Billing & Rates Issues 115 137 123 375 Programming Issues 199 107 291 597 Totals 422 387 605 1,414 April May June Quarter Totals Radio and Television Broadcasting Disability & Access related Issues 9 15 14 38 Digital Television Issues 63 102 117 282 Other Programming Issues 95 105 393 593 Programming - General Criticism 3,070 470 806 4,346 Programming - Indecency/Obscenity** 24,068 679 311 25,058 Totals 27,305 1,371 1,641 30,317 April May June Quarter Totals Wireless Telecommunications Carrier Marketing & Advertising 91 85 97 273 Contract - Early Termination 117 141 161 419 Service Related Issues 184 206 273 663 Billing & Rates 854 732 1,054 2,640 Telephone Consumer Protection Act 2,681 3,988 2,896 9,565 Totals 3,927 5,152 4,481 13,560 April May June Quarter Totals Wireline Telecommunications Carrier Marketing & Advertising 152 186 159 497 Service Quality 210 355 316 881 Billing & Rates 1,051 1,080 1,318 3,449 Telephone Consumer Protection Act - Do Not Call List 1,690 2,192 1,634 5,516 Telephone Consumer Protection Act -Other Issues 3,868 2,872 3,220 9,960 Telephone Consumer Protection Act-Unsolicited Fax 6,574 7,531 6,831 20,936 Totals 13,545 14,216 13,478 41,239 (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 Second 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 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 Disability & Access Related Issues: Complaints/inquiries regarding video description, closed captioning, and emergency access to video programming 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 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 Issue: 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 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 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 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