For Immediate Release: News Media Contact:

November 20, 2003 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 the report on the
inquiries and complaints processed by the Consumer & Governmental
Affairs Bureau (CGB) during the third quarter of calendar year 2003.

Complaint activity increased within all major areas except Cable during
the third quarter. The largest increase occurred within Radio &
Broadcasting. A total of 19,920 Indecency and Obscenity complaints were
received during the quarter. Complaint activity was higher in all five
top Wireless categories, with the largest percentage increases coming
from the Service Quality and Equipment categories. In total, Wireless
complaint volume rose from 3,901 last quarter to 4,825 this quarter.
Wireline complaints edged up from 10,418 to 11,093 due to a rise in
Telephone Consumer Protection Act (TCPA) complaints. By contrast,
Cramming complaints fell by more than half during the quarter, tempering
the increase in composite Wireline complaints. Cable complaints slipped
from 273 to 253 during the third quarter as increases in Billing & Rates
and Disability complaints were outstripped by a decline in
Service-Related complaints.

Meanwhile, inquiry activity fell in all major areas during the third
quarter. Radio & Television Broadcasting inquiries fell the most,
dropping from 6,014 to 3,244. Wireless inquiries dropped from 13,983 to
11,828 due largely to sharp declines in Electrical Interference and
Amateur License inquiries. Slamming and Cramming accounted for most of
the decrease in Wireline inquiries, which fell from 50,249 to 44,550
during the third quarter. Cable inquiries eased from 4,818 to 4,474,
with most of the decline coming from the Over the Air Reception Device
(OTARD) category.

The Commission receives many informal 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.

\- FCC -

CGB contact: Thomas Wyatt at (202) 418-1400.

**REPORT ON INFORMAL CONSUMER INQUIRIES AND COMPLAINTS**

**3rd Quarter Calendar Year 2003**

**Executive Summary**

This report tracks consumer inquiries and complaints processed by the
Consumer & Governmental Affairs Bureau (CGB) during the 3rd quarter of
calendar year 2003.[^1] Inquiries are defined as correspondence or
communications received at the Commission from individuals seeking
information on matters under the FCC's jurisdiction. Informal consumer
complaints are defined as a communication received at CGB's consumer
centers either via postal mail, fax, email 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.

Complaint activity increased within all major areas except Cable during
the third quarter. The largest increase occurred within Radio &
Broadcasting. A total of 19,920 Indecency and Obscenity complaints were
received during the quarter. Complaint activity was higher in all five
top Wireless categories, with the largest percentage increases coming
from the Service Quality and Equipment categories. In total, Wireless
complaint volume rose from 3,901 last quarter to 4,825 this quarter.
Wireline complaints edged up from 10,418 to 11,093 due to a rise in
Telephone Consumer Protection Act (TCPA) complaints. By contrast,
Cramming complaints fell by more than half during the quarter, tempering
the increase in composite Wireline complaints. Cable complaints slipped
from 273 to 253 during the third quarter as increases in Billing & Rates
and Disability complaints were outstripped by a decline in
Service-Related complaints.

Meanwhile, inquiry activity fell in all major areas during the third
quarter. Radio & Television Broadcasting inquiries fell the most,
dropping from 6,014 to 3,244. Wireless inquiries dropped from 13,983 to
11,828 due largely to sharp declines in Electrical Interference and
Amateur License inquiries. Slamming and Cramming accounted for most of
the decrease in Wireline inquiries, which fell from 50,249 to 44,550
during the third quarter. Cable inquiries eased from 4,818 to 4,474,
with most of the decline coming from the Over the Air Reception Device
(OTARD) category.

The Commission receives many informal 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.

Top Consumer Issues -- Subject Category Reference Guide

###### *[CABLE SERVICES]{.underline}*

**Billing & Rates:** Complaints/inquiries concerning billing matters and
the rates charged for cable programming service (or expanded basic) tier
on a cable system

**Cable Modem Service:** Complaints/inquiries about the availability or
quality of cable modem service.

**Disability 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 Issues:** Complaints/inquiries regarding satellite issues.

**Satellite Home Viewer Improvement Act (SHVIA) Issues:**
Complaints/inquiries concerning satellite carriers provision of
television broadcast (including distant or national) programming to
subscribers.

**Service Related Issues:** Complaints/inquiries about the quality of
service provided by cable operators.

##### [RADIO & TELEVISION BROADCASTING]{.underline}

# 

# Disability Issues: Complaints/inquiries regarding video description, closed captioning, and emergency access to video programming.

**General Broadcast Information:** Inquiries regarding general broadcast
requirements, licenses, and community obligations.

**How to Start Broadcast Station:** Inquiries regarding starting a
broadcast station.

**Low Power Broadcast Information:** Inquiries regarding low power TV
and low power radio

**Media Ownership & Policy:** Inquiries regarding media ownership and
its policy.

# Programming Issues

-   [Indecency/Obscenity]{.underline}: Complaints/inquiries regarding
    broadcast programs that allegedly contain indecent or obscene
    material

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-   [Loud Commercials]{.underline}: Complaints/inquiries regarding
    abrupt changes in volume during transition from regular programming
    to commercials

-   [Religious]{.underline}: Complaints/inquiries regarding religious
    programs

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-   [Violence]{.underline}: Complaints/inquiries regarding violence in
    programs

-   [General Content Criticism]{.underline}: generalized concerns
    regarding the content of broadcast programs

***[WIRELESS TELECOMMUNICATIONS]{.underline}***

**Amateur License Issue:** 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]{.underline}: Complaints/inquiries regarding
    miscellaneous line items charges

-   [E-911:]{.underline} Complaints/inquiries regarding provision of
    automatic location information and automatic number identification
    via a wireless phone used to contact a 911 call center.

-   [Taxes:]{.underline} Complaints/inquiries regarding taxes appearing
    on cellular bill

-   [Universal Service:]{.underline} 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:]{.underline} usually one time charge to initiate
    service

-   [Off-Peak:]{.underline} specified time where per-minute rate is
    lower

-   [Optional Services:]{.underline} including caller-id, voice mail,
    road-rescue, etc.

-   [Peak:]{.underline} specified time where per-minute rate is higher

-   [Prepaid Service:]{.underline} subscriber pays for service in
    advance

-   [Promo Plan:]{.underline} including minute allowances

-   [Security Deposit:]{.underline} 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

**Citizens Band Radio Issues:** Inquiries regarding citizens band radio.

**Contract -- Early Termination:** Complaints/inquiries regarding
termination of a subscriber's service prior to end of specified contract
term

-   [Termination of Service by subscriber:]{.underline} subscriber's
    liability for terminating service prior to specified contract term

-   [Termination of Service by carrier:]{.underline} 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

**Equipment:** Complaints/inquiries about telecommunications equipment
used or purchased by a subscriber.

-   [Faulty Equipment:]{.underline} involves technical problems or
    malfunctioning equipment

-   [Stolen Equipment:]{.underline} involves the purported misuse of or
    other problems associated with stolen equipment

**General Mobile Radio Service (GMRS) License Issue:** Inquiries
regarding GMRS license acquisition, requirements, eligibility, and
replacement.

**Land Mobile (LM) License Issue:** Inquiries regarding LM license
acquisition, requirements, eligibility, and replacement.

**Service -- Quality/Coverage:** Disputes/inquiries regarding quality of
service or the lack of coverage within a geographic area served by a
wireless provider:

-   [Dead Spots:]{.underline} inability to receive service within
    certain areas

-   [Dropped Calls:]{.underline} premature termination of calls

-   [Home Area Service:]{.underline} overall quality of service within
    the subscriber's local calling area

-   [Network Busy Signal:]{.underline} involving calls that do not go
    through because of overcrowding of the service frequencies

-   [Roaming Availability:]{.underline} availability of service outside
    the subscriber's local calling area

-   [Roaming Service:]{.underline} overall quality of service while
    roaming

-   [Service Interruption:]{.underline} inability to use cellular phone
    because service was interrupted by service provider

####### ***[WIRELINE TELECOMMUNICATIONS]{.underline}***

**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]{.underline}: questions regarding
    subscriber local-loop line charges for maintaining residential and
    business and telephone access to the network

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-   [Access -- Universal Service]{.underline}: 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

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-   [Interstate Directory Assistance]{.underline}: questions about
    charges assessed for access to directory assistance information

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-   [Taxes on Telephone Bill]{.underline}: questions about local, state,
    or federal taxes appearing on a telephone bill

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-   [Truth in Billing - No Service Provider ID]{.underline}:
    Complaints/inquiries about whether the name of the service provider
    and/or contact information for the service provider is easily
    identifiable on the bill

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-   [Truth in Billing - Bundled Charges]{.underline}:
    Complaints/inquiries about whether bills contain plain language
    description and breakdown of charges for each carrier when multiple
    carriers appear on the bill

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-   [Truth in Billing - No Payment Solution]{.underline}:
    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]{.underline}: 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:]{.underline} dispute involving alleged double
    billing for calls or services

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-   [DSL Rate Problem]{.underline}: DSL promotion plan rates allegedly
    altered or unspecified to consumer

-   [International Internet Dial-up]{.underline}: 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

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-   [International Calls -- Rates]{.underline}: international calls,
    rates and/or service that either originate or terminate in the U.S.

-   [International 809# Billing:]{.underline} 809 area code collect call
    and consumer dialing scam

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-   [900 Pay-Per-Call Billing]{.underline}: commercially provided
    interstate 900 number information or entertainment services

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-   [OSP Rates:]{.underline} rates charged for interstate calls placed
    from public phones

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-   [Rates for Interstate Telecommunications Services --
    Billing]{.underline}: 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 the marketing and advertising practices of interexchange carriers

# Cramming: Complaints/inquiries about allegedly unauthorized, misleading, or deceptive charges appearing on a telephone bill

**Digital Subscriber Line (DSL) Issues:** Complaints/inquiries regarding
DSL.

# 

# Service Quality: Complaints/inquiries regarding the quality of service provided by telephone companies:

-   [DSL Service Inadequate]{.underline}: poor quality of service or
    service outage

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-   [Interstate Telecommunications]{.underline}: poor call reception,
    service outage, service disconnects, or carrier's failure to release
    telephone line (and no charges are associated)

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-   [Long Distance Service Treatment]{.underline}: 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:]{.underline} changing a subscriber's
    international long distance service without permission

## [Local Service slammed:]{.underline} changing a subscriber's local or regional intrastate long distance service without permission

-   [Local and Long Distance slammed]{.underline}: changing a
    subscriber's local and long distance service without permission

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-   [Long Distance slammed]{.underline}: changing a subscriber's
    interstate telephone company service without permission

-   [Slamming w/Problem LOA]{.underline}: 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 the TCPA:

-   [Artificial or Prerecorded Message and/or ATDS]{.underline}: calls
    to a residence using an artificial or prerecorded voice to deliver a
    message without prior consent of the called party prohibited unless
    an emergency exists

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-   [Do Not Call List Request Not Honored]{.underline}: no person or
    entity may initiate any telephone solicitation to a residential
    telephone subscriber\-- unless such person or entity has instituted
    procedures for maintaining a list of persons who have requested not
    to receive telephone solicitations

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-   [Fax Complaint]{.underline}: unsolicited ("junk") faxes or the use
    of a computer or other device to send any messages via a telephone
    facsimile prohibited unless such message clearly contains the date
    and time it is sent and an identification of the business, other
    entity or individual sending the message

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-   [TCPA General Solicitations]{.underline}: the initiation of a call
    or message for the purpose of encouraging the purchase or rental of,
    or investment in property, goods, or services

-   [Time of Day violation]{.underline}: no person or entity may
    initiate any telephone solicitation to a residential telephone
    subscriber before 8 a.m. or after 9 p.m. (local time based on the
    called party's location)

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[^1]: The data reported reflect the complaints and inquiries recorded in
    CGB's automated tracking systems for the period July 1, 2003 to
    September 30, 2003. 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.