Complain Away: Telecommunications Complaint Process Demystified

Telecommunication services are fraught with problems. The need to “stay connected” is more central to daily life than ever before, and these problems present a constant challenge for consumers. From unreliable phone service and internet connectivity to complex billing, and everything in between, consumers have a right to ask tough questions of service providers and the regulatory agencies that oversee them.

While both the Federal Communications Commission (FCC) and the Oregon Public Utility Commission (OPUC) offer some useful tools to help consumers resolve a variety of service and billing issues, they each are subject to rules and restrictions. Our goal here is to spell them out.

In early January, acknowledging clamors to improve consumer support services, the FCC launched a new website – the Consumer Help Center. By administering the Help Center through an online portal, the FCC chose to take advantage of recent technology improvements and recognized broadening appeal among consumers for accessible internet-driven solutions.

The FCC designed the Consumer Help Center as a one-stop-shop for consumer education and dispute resolution. Focusing on six core areas – TV, phone, internet, radio, access for people with disabilities, and emergency communications – the Help Center aims to achieve the following:

• Streamlined Process – The new web-based consumer interface replaces what were 18 separate forms and procedures.
• Integrated Education – By integrating complaint intake with consumer education, site visitors can resolve some issues before ever filing a complaint.
• Complaint Status Tracking – Site visitors create a unique log-in ID and password, allowing them to monitor complaint status in real time (like tracking a package).
• Faster Complaints Handling – By reforming the complaints process, the FCC is better equipped to handle larger numbers of complaints, and more efficiently, than ever before.

As a matter of public service, the FCC offers the following set of consumer guides that address issues for which the agency does not have primary regulatory oversight, such as no dial tone or complaints about broadcast advertising.

How does the Consumer Help Center work?

The Consumer Help Center encourages consumers to submit “informal” complaints on a range of issues. However, it is important to note that the agency only takes case-specific action on complaints related to billing, service availability, and privacy. The FCC aggregates complaints dealing with the National Do Not Call List, or unwanted calls, texts, or faxes, and observes them over time to find trends and drive policy.

To file an informal complaint through the Consumer Help Center, you must create a unique user ID and password (the site prompts visitors to do this.) Once you submit a complaint, you will receive periodic emails about the complaint status. Each complaint has a tracking number that allows for monitoring in real time. An FCC consumer representative might also contact you if more information is necessary to complete the complaint. When all the necessary information is gathered, the FCC either responds to you by providing appropriate educational material or sends your complaint to the service provider. 

The FCC requires that the provider respond in writing within 30 days of receipt of the complaint. The Provider must then provide both you and the FCC with a copy of the response, and will likely contact you directly to resolve the complaint.

If after completing the informal complaint process you are not satisfied with the outcome, you have the option to submit a “formal” complaint within six months of the date of the response to your informal complaint.

Currently, the fee for filing a formal complaint is $225.00. Formal complaint proceedings require a fee because they are similar to court proceedings. This means that each party must comply with unique procedural rules, file documents that address specific legal concerns, and (likely) appear before FCC officials. In general, experts in communications law and the FCC’s procedural rules represent parties filing formal complaints. Find additional information on how to file formal complaints by visiting the FCC’s Enforcement Bureau.

It is important to understand that while the FCC has the capacity to respond to a wide range of service and billing issues, some consumer problems that you might think fall under FCC jurisdiction are actually handled by other federal agencies (e.g. the Federal Trade Commission - deceptive business, fraud, and debt collection; Department of Justice – antitrust law; Food and Drug Administration – medical and drug advertisement disclaimers; US Copyright Office – copyright violations, royalty payments).

Moreover, state-level public utility commissions (like OPUC) often handle “other” telecommunication related issues, such as burial of telephone or cable wires; installation of non-bundled service; and stand-alone cable and satellite TV service, rates, and programming.

Speaking of OPUC, What Is Their Role?

The purpose of OPUC’s Telecommunications Section is to deploy a program, balanced between regulation and competition, which encourages innovation in the industry, while ensuring access for consumers to quality services at fair and reasonable prices.

While OPUC does not have authority to regulate the rates or services of cellular and cable TV providers, the Consumer Services Section does have a mandate to assist cellular customers in resolving problems with their provider(s). In addition, OPUC has approved some cellular providers to participate in programs that help low-income and underserved consumers around the State, and provide additional assistance to these consumers.

Finally, representatives of OPUC and individual telecommunications carriers are available to answer questions. However, these offices do not accept complaints. In order to file a complaint, you must first call your telecommunications carrier’s customer service line and follow their company-specific complaint escalation process. 
 
If the problem is not resolved to your satisfaction, you can then contact OPUC’s Consumer Services Division at .(JavaScript must be enabled to view this email address), or call (within Oregon) 1-800-522-2404, or 503-378-6600 if in the Salem area. Find more information on OPUC’s consumer complaint process HERE.

In the event that a problem with your service does arise, CUB recommends that you take the time to contact not just your provider, but also OPUC and the FCC. If enough people do this, the environment is certain to change. It will not (and cannot) change overnight, but pressure from customers applied over time can push the telecommunications industry to become more just and fair for everyone.

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