Federal Communications Commission Intergovernmental Advisory Committee

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Federal Communications CommissionIntergovernmenta
l Advisory Committee

• Presentation by Consumer Protection Subcommittee
• Ronald Brisé, Chair

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Overview

• State vs. Federal Jurisdiction
• Nationwide landscape of consumer protection
  mechanisms
• Technologies include telephone, cable, VoIP,
  internet and bundled services
• Case Study Florida

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Intro

• Brief history of deregulation trend and the
  subsequent impacts to consumer protection
  services.
• How was consumer protection handled in regulatory
  framework?
• Questions to consider
• What is a minimum standard to ensure consumer
  protection in a deregulated industry?

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State/Locality vs. Federal Jurisdiction

• Cities with jurisdiction
• Cable franchising trend has been local-statewide
• Some cities provide their own cable and/or
  telecom
• State Commissions

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State/Locality vs. Federal Jurisdiction

• Other State Agencies
• FCC/FTC
• Partner FCC Consumer Advisory Committee

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State Model Comparison

• Wisconsin
• takes complaints regarding Lifeline/USF issues
  and number portability problems
• Oklahoma South Dakota
• accept wireline complaints, wireless ETC
  complaints
• New Hampshire Missouri
• While continuing to take complaints, recent
  legislation limits the commissions ability to
  mandate a resolution

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State Model Comparison

• Arkansas
• Maintains the authority to regulate the quality
  of service of all telecommunications providers
  but has limited authority to regulate rates,
  terms, and conditions of services
• Idaho
• The Commission's authority only extends to
  wireline telecommunication carriers, payphone
  providers, and limited authority over wireless
  carriers that have been granted ETC status
• California
• While taking all types of telecommunications
  complaints, it is limited on what it can do for
  long-distance telephone and wireless services,
  Internet rates and services, and as of September
  28th, VoIP complaints.

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Protection Mechanisms Per Telecom Service

• Special consideration to new service/possible
  issues raised by bundled services
• Voice over Internet Protocol
• Cable, Broadband, and Voice Bundled Services

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Case Study Florida

• The Path To Deregulation
• lt 2009 - FL PSC was a one-stop-shop for
  landline telephone complaints
• 2009 service quality authority was reduced to
  basic service only
• 2011 retail services deregulated

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Case Study Florida

• The Florida Regulatory Reform Act
• Eliminated or severely curtailed oversight of
  retail telecommunications, including
• eliminating all oversight of interexchange
  telecommunications companies,
• limiting the Commissions designation of eligible
  telecommunications carriers to traditional
  wireline providers, and
• removing remaining jurisdiction over consumer
  complaints, including slamming.

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Case Study Florida

• The Florida Regulatory Reform Act (cont.)
• The Commission still has jurisdiction to address
  wholesale slamming
• Retail customer questions and complaints are now
  handled by Department of Agriculture and Consumer
  Services
• Complaints regarding wireless and VoIP services
  are directed to DACS

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Case Study Florida

• Florida PSC website
• The Public Service Commission no longer has the
  authority to accept as many of the consumer
  telecommunications complaints as we have in the
  past. The PSC may still accept consumer
  complaints dealing with the Lifeline Program,
  Relay Service, and Pay Phone Service. Other
  consumer telecommunications complaints (excluding
  Slamming) should be filed with the Department of
  Agriculture and Consumer Services. Complaints
  about Slamming should be filed with the Federal
  Communications Commission.

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Case Study Florida

• A Current Complaint
• Florida consumer signs up for cable Internet
  (no phone service)
• 3rd party installer connects service on moving
  day
• Installer secretly activates VoIP telephone line
  and makes international calls
• Customer gets bill and contacts company
• After 3 days of contact, the company states it
  will open a fraud case
• After 3 months, complaint is not resolved and
  customer calls city government

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Case Study Florida

• This Consumers Options
• DACS
• Attorney General
• FCC

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Case Study Florida
Florida Telecommunications Complaints For
Calendar Year 2011 and Fiscal Year 2011-12 (as of
May)
Calendar Year 2011 Fiscal Year 2011-12
Federal Communications Commission 4,537 Not Available
Department of Agriculture Consumer Services 2,809 2,789
Attorney General 1,143 1,029
Florida Public Service Commission 3,665 3,446
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Case Study Florida
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Complaints filed at the FCC
Quarterly Report of Informal Complaints
1st Quarter 2012 2nd Quarter 2012
Bundled and VoIP Service-related Complaints 2,003 1,847
Wireless Telecommunications Complaints 45,396 45,254
Wireline Telecommunications Complaints 36,032 40,150
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Recommendations

• As policy makers rely on market forces to enforce
  minimal service quality standards, an efficient
  federal/state partnership is necessary.
• Continued market monitoring
• Education
• Improved consumer access to complaint systems
• Access to aggregated state data by state
  commissions and policy makers
• Support technology-neutral approaches to
  regulatory and deregulatory action.

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Recommendations

• Cable Service
• Some service standards should be amended
• Office locations
• Late and missed appointments
• Incorporate broadband into cable standards

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Thank You!

• With special thanks to
• Gary Resnick
• Brandon Stephens
• Michael Vaughn
• Florida Public Service Commissions
• Office of Telecommunications