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: April 2, 2010 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 second quarter of calendar year 2009. 2009 Second Quarter Inquiries. During this quarter, the total number of inquiries for all four reported categories increased more than 138%, from 245,505 in the 1 st quarter of 2009 to 585,164 in the 2 nd quarter of 2009. Notably, the number of Radio and Television Broadcasting inquiries increased more than 160%, from 215,928 in the 1 st quarter of 2009 to 563,397 in the 2 nd quarter of 2009. The bulk of the Radio and Television Broadcasting inquiries, i.e., more than 98%, pertained to Equipment Related Issues. Wireline inquiries increased 12% from 12,568 in the 1 st quarter of 2009 to 14,139 in the 2 nd quarter of 2009. Telephone Consumer Protection Act (TCPA) inquiries constituted 58% of the inquiries in this category. The number of Cable and Satellite Services inquiries decreased more than 67%, as compared to the 1 st quarter from 13,017 to 4,241. Inquiries regarding Digital Television Issues constituted 5.5 % of the inquiries in this category. Wireless inquiries decreased almost 15% from 3,992 in the 1 st quarter of 2009 to 3,387 in the 2 nd quarter of 2009. 2009 Second Quarter Complaints. During this quarter, complaints in the reported categories decreased over 71%, from 245,241 in the 1 st quarter of 2009 to 70,341in the 2 nd quarter of 2009. Most of the decrease occurred in two of the reported categories -- the Radio and Television Broadcasting category, where complaints decreased from 188,558 in the 1 st quarter of 2009 to 17,047 in the 2 nd quarter of 2009, and the Wireline Telecommunications category, where complaints decreased from 36,427 in the 1 st quarter to 34,491 in the 2 nd quarter. Cable & Satellite Services complaints decreased 42% from 4,113 in the 1 st quarter of 2009 to 2,384 in the 2 nd quarter of 2009. Wireless complaints increased over 1% from 16,142 in the 1 st quarter of 2009 to 16,419 in the 2 nd quarter of 2009. TCPA issues comprised more than 75% of the complaints in this category. Wireline complaints decreased almost 6% in the 2 nd quarter of 2009 to 34,491 from 36,427 in the 1 st quarter of 2009. 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 2nd Quarter Calendar Year 2009 Executive Summary This report tracks the top subject areas for consumer inquiries and complaints received during the 2 nd 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 Second Quarter Inquiries. During this quarter, the total number of inquiries for all four reported categories increased more than 138%, from 245,505 in the 1 st quarter of 2009 to 585,164 in the 2 nd quarter of 2009. Notably, the number of Radio and Television Broadcasting inquiries increased more than 160%, from 215,928 in the 1 st quarter of 2009 to 563,397 in the 2 nd quarter of 2009. The bulk of the Radio and Television Broadcasting inquiries, i.e., more than 98%, pertained to Equipment Related Issues. Wireline inquiries increased 12% from 12,568 in the 1 st quarter of 2009 to 14,139 in the 2 nd quarter of 2009. Telephone Consumer Protection Act (TCPA) inquiries constituted 58% of the inquiries in this category. The number of Cable and Satellite Services inquiries decreased more than 67%, as compared to the 1 st quarter from 13,017 to 4,241. Inquiries regarding Digital Television Issues constituted 5.5 % of the inquiries in this category. Wireless inquiries decreased almost 15% from 3,992 in the 1 st quarter of 2009 to 3,387 in the 2 nd quarter of 2009. 2009 Second Quarter Complaints. During this quarter, complaints in the reported categories decreased over 71%, from 245,241 in the 1 st quarter of 2009 to 70,341 in the 2 nd quarter of 2009. Most of the decrease occurred in two of the reported categories -- the Radio and Television Broadcasting category, where complaints decreased from 188,558 in the 1 st quarter of 2009 to 17,047 in the 2 nd quarter of 2009, and the Wireline Telecommunications category, where complaints decreased from 36,427 in the 1 st quarter to 34,491 in the 2 nd quarter. Cable & Satellite Services complaints decreased 42% from 4,113 in the 1 st quarter of 2009 to 2,384 in the 2 nd quarter of 2009. Wireless complaints increased over 1% from 16,142 in the 1 st quarter of 2009 to 16,419 in the 2 nd quarter of 2009. TCPA issues comprised more than 75% of the complaints in this category. Wireline complaints decreased almost 6% in the 2 nd quarter of 2009 to 34,491 from 36,427 in the 1 st quarter of 2009. 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. i The data reported reflects the complaints and inquiries recorded in CGB’s automated tracking systems for the period April 1, 2009 to June 30, 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 to the Commission and, therefore, are not necessarily indicative of corresponding state or local trends. REPORT ON INFORMAL CONSUMER INQUIRIES AND COMPLAINTS 2 nd 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 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 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) 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. April May June Quarter Totals Cable & Satellite Services Digital Television Issues 55 80 98 233 Service Related Issues 224 175 211 610 Satellite Home Viewer Improvement Act Issues 191 176 244 611 Programming Issues 184 217 216 617 Billing & Rates Issues 791 657 722 2,170 Totals 1,445 1,305 1,491 4,241 April May June Quarter Totals Radio and Television Broadcasting Carrier Marketing & Advertising 121 129 132 382 Digital Television Issues 311 328 886 1,525 License Information (General) 970 953 1,271 3,194 Broadcast Programming Issues 2,212 804 920 3,936 Equipment Related Issues 56,713 127,714 369,933 554,360 Totals 60,327 129,928 373,142 563,397 April May June Quarter Totals Wireless Telecommunications Tower Related Issues 96 87 87 270 License Information (General) 136 110 117 363 Billing & Rates 233 222 213 668 Service Related Issues 315 301 288 904 Interference 546 222 414 1,182 Totals 1,326 942 1,119 3,387 April May June Quarter Totals Wireline Telecommunications Slamming 215 219 198 632 Billing & Rates 622 589 464 1,675 Universal Service Issues 769 568 433 1,770 Cramming 595 621 567 1,783 Telephone Consumer Protection Act Issues 3,421 2,750 2,108 8,279 Totals 5,622 4,747 3,770 14,139 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 2009 April May June Quarter Totals Cable & Satellite Services Digital Television Issues 69 103 131 303 Carrier Marketing & Advertising 113 101 108 322 Service Related Issues 115 118 134 367 Billing & Rates Issues 210 146 186 542 Programming Issues 364 232 254 850 Totals 871 700 813 2,384 April May June Quarter Totals Radio and Television Broadcasting Carrier Marketing & Advertising 57 28 46 131 Other Programming Issues 310 231 267 808 Programming - General Criticism 198 116 529 843 Digital Television Issues 272 225 1,828 2,325 Programming - Indecency/Obscenity** 9,109 1,235 2,596 12,940 Totals 9,946 1,835 5,266 17,047 April May June Quarter Totals Wireless Telecommunications Carrier Marketing & Advertising 98 109 116 323 Contract - Early Termination 147 109 151 407 Service Related Issues 170 177 178 525 Billing & Rates 947 909 901 2,757 Telephone Consumer Protection Act 5,469 3,852 3,086 12,407 Totals 6,831 5,156 4,432 16,419 April May June Quarter Totals Wireline Telecommunications Service Quality 257 260 284 801 Billing & Rates 1,272 1,264 1,234 3,770 Telephone Consumer Protection Act-Unsolicited Fax 2,620 2,171 1,993 6,784 Telephone Consumer Protection Act - Do Not Call List 4,162 3,654 3,303 11,119 Telephone Consumer Protection Act -Other Issues 4,458 3,829 3,730 12,017 Totals 12,769 11,178 10,544 34,491 (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 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.