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[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Notices]
[Pages 28249-28250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12140]

[[Page 28249]]

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FEDERAL COMMUNICATIONS COMMISSION

[CG Docket No. 09-158; DA 10-803]

Comment Sought on Measures Designed To Assist U.S. Wireless 
Consumers To Avoid ``Bill Shock''

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: In this document, the Commission seeks to gather information 
on the feasibility of instituting usage alerts and cut-off mechanisms 
similar to those required under the European Union (EU) regulations 
that would provide wireless voice, text, and data consumers in the 
United States a way to monitor, on a real-time basis, their usage of a 
wireless communications service, as well as the various charges they 
may incur in connection with such usage (e.g., roaming services, voice 
service ``minute plans,'' text message plans). Specifically, the 
Commission seeks comment on whether technological or other differences 
exist that would prevent wireless providers in this country from 
employing similar usage controls as those now required by the EU.

DATES: Comments are due on or before July 6, 2010. Reply comments are 
due on or before July 19, 2010.

ADDRESSES: Interested parties may submit comments and reply comments 
identified by [CG Docket No. 09-158], by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic comment 
Filing System (ECFS), through the Commission's Web site: http://www.fcc.gov/cgb/ecfs/, or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should follow the instructions provided on 
the Web site for submitting comments.
     For ECFS filers, in completing the transmittal screen, 
filers should include their full name, U.S. Postal Service mailing 
address, and the applicable docket number, which in this instance is 
[CG Docket No. 09-158]. Parties may also submit an electronic comment 
by Internet e-mail. To get filing instructions, filers should send an 
e-mail to [email protected], and include the following words in the body of 
the message, ``get form .'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although the 
Commission continues to experience delays in receiving U.S. Postal 
Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St., SW., Room TW-A325, Washington, DC 20554. The filing hours 
are 8 a.m. to 7 p.m. All hand deliveries must be held together with 
rubber bands or fasteners. Any envelopes must be disposed of before 
entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Richard D. Smith, Consumer and 
Governmental Affairs Bureau, Policy Division, at (717) 338-2797 
(voice), or e-mail [email protected].

SUPPLEMENTARY INFORMATION: In its 2009 Consumer Information and 
Disclosure NOI, the Commission sought comment on potential 
opportunities for protecting and empowering American consumers by 
ensuring access to relevant information about communications services.
    See 2009 Consumer Information and Disclosure; Truth-in-Billing and 
Billing Format; IP-Enabled Services, CG Docket No. 09-158; CC Docket 
No. 98-870; WC Docket No. 04-36, Notice of Inquiry, 24 FCC Rcd 11380 
(2009) (2009 Consumer Information and Disclosure NOI). This is a 
summary of the Commission's Public Notice DA 10-803. Pursuant to 47 CFR 
1.415 and 1.419 of the Commission's rules, interested parties may file 
comments and reply comments on or before the dates indicated above. 
This proceeding shall be treated as a permit-but-disclose proceeding 
under the ex parte rules, which are codified at 47 CFR 1.1200(a) and 
1.1206. Therefore, ex parte presentations will be allowed but must be 
disclosed in accordance with the requirements of Sec.  1.1206(b) of the 
Commission's Rules, 47 CFR 1.1206(b). Persons making oral ex parte 
presentations are reminded that memoranda summarizing the presentations 
must contain summaries of the substance of the presentations and not 
merely a listing of the subjects discussed. More than a one or two 
sentence description of the views and arguments presented is generally 
required. See 47 CFR 1.1206(b). Other rules pertaining to oral and 
written ex parte presentations in permit-but-disclose proceedings are 
set forth in Sec.  1.1206(b) of the Commission's rules, 47 CFR 
1.1206(b).
    The full text of document DA 10-803 and any subsequently filed 
documents in this matter will be available for public inspection and 
copying during regular business hours at the FCC Reference Information 
Center, Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 
20554, (202) 418-0270. Document DA 10-803 and any subsequently filed 
documents in this matter may also be purchased from the Commission's 
duplicating contractor at the contractor's Web site, http://www.bcpiweb.com, or by calling (800) 378-3160. Furthermore, document DA 
10-803 and any subsequently filed documents in this matter may be found 
by searching ECFS at http://www.fcc.gov/cgb/ecfs (insert [CG Docket No. 
09-158] into the Proceeding block).
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an e-mail to [email protected] or call the Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). 
Document DA 10-803 can also be downloaded in Word or Portable Document 
Format (PDF) at: http://www.fcc.gov/cgb/policy/headlines.html.

Synopsis

    In the 2009 Consumer Information and Disclosure NOI, the Commission 
sought comment on potential opportunities for protecting and empowering 
American consumers by ensuring access to relevant information about 
communications services. Among other things, the Commission noted that 
advances in technology, including usage alerts delivered via text 
message, other usage controls, and online comparison tools, offer ``new 
opportunities to improve the kind and degree of information available 
to consumers.'' On the issue of usage alerts, the Commission asked 
whether consumers can be provided with ``more useful information about 
their service usage once they are using a plan to prevent them from 
incurring unexpected charges, or to adjust their plan as their usage 
patterns change.'' It also sought information concerning how widespread 
the practice of usage alerts is and, where such controls are used, 
whether the consumer is alerted prior to incurring additional charges, 
or only

[[Page 28250]]

after the consumer has exceeded some threshold level of charges or 
minutes. Finally, the Commission sought comment on the level of cost 
detail typically included in usage alert messages.
    In June 2009, the EU adopted regulations governing the transparency 
of retail roaming charges incurred by European wireless customers for 
voice calls, text messaging, and data services when traveling to other 
EU markets. Certain of these provisions, commonly referred to as the 
``bill shock'' provisions, are designed to ensure that a consumer is 
fully aware of the roaming charges he or she is incurring so that the 
consumer does not receive a higher than expected bill for these 
services. A number of EU mobile service providers had already 
implemented procedures to combat the problem of ``bill shock'' prior to 
the adoption of the June 2009 regulations. Under the new EU 
regulations, when a wireless consumer places a voice call or text 
message in an EU market other than the consumer's home market, the 
consumer's home market provider must send to the consumer, free of 
charge, a text message detailing roaming prices for sending and 
receiving voice calls and text messages. The consumer may elect not to 
receive this automatic notification service, but the service must be 
provided again, free of charge, upon request by the consumer. The new 
EU regulations also require that wireless providers notify a consumer 
using a data roaming service when the consumer has reached 80 percent 
of an agreed upon limit (either a default limit or a customer-
designated limit). When a consumer exceeds the established monetary or 
volume roaming limit, the provider must send another notification 
explaining the applicable costs and procedures if the consumer wishes 
to continue using the data roaming service. At that point, the provider 
must cease providing the service pending further instruction from the 
consumer.
    In this document, the Commission seeks to gather information on the 
feasibility of instituting usage alerts and cut-off mechanisms similar 
to those required under the EU regulations that would provide wireless 
voice, text, and data consumers in the United States a way to monitor, 
on a real-time basis, their usage of a wireless communications service, 
as well as the various charges they may incur in connection with such 
usage (e.g., roaming services, voice service ``minute plans,'' text 
message plans). Specifically, the Commission seeks comment on whether 
technological or other differences exist that would prevent wireless 
providers in this country from employing similar usage controls as 
those now required by the EU.
    The Commission also seeks comment on the extent to which consumers 
currently have the means at their disposal to monitor their wireless 
usage and are fully aware of the consequences of exceeding their 
predetermined allocations of voice minutes, text message limits, or 
data usage. To what extent are U.S. providers already offering such 
features, and at what cost to the consumer and/or to the provider? Do 
certain usage controls lend themselves more to one type of service 
(such as voice) than to another (such as data)? To what extent is such 
information currently accessible via wireless devices by people with 
disabilities, and in particular by people who are blind or low vision 
who need on-screen text and other visual indicators to be accompanied 
by audio output? Would a requirement for certain types of usage 
controls prevent or help consumers with hearing, visual, cognitive or 
other disabilities in receiving the information they need to 
effectively monitor their usage? The Commission seeks comment on these 
and other issues relevant to whether it should adopt usage control 
measures that will help consumers to avoid receiving higher than 
expected bills for their wireless communications services.
    All comments should refer to CG Docket No. 09-158. Further, the 
Commission strongly encourages parties to develop responses that adhere 
to the organization and structure of the questions in the Public Notice 
DA 10-803.

Colleen Heitkamp,
Division Chief, Consumer and Governmental Affairs Bureau, Federal 
Communications Commission.
[FR Doc. 2010-12140 Filed 5-19-10; 8:45 am]
BILLING CODE 6712-01-P
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