Goto Section: 64.6215 | 64.6219 | Table of Contents
Revised as of April 23, 2019
Goto Year:2018 |
§ 64.6217 Complaints.
Complaints against NDBEDP certified programs for alleged violations of
this subpart may be either informal or formal.
(a) Informal complaints. (1) An informal complaint may be transmitted
to the Consumer and Governmental Affairs Bureau by any reasonable
means, such as letter, fax, telephone, TTY, email, or the Commission's
online complaint filing system.
(2) Content. An informal complaint shall include the name and address
of the complainant; the name of the NDBEDP certified program against
whom the complaint is made; a statement of facts supporting the
complainant's allegation that the NDBEDP certified program has violated
or is violating section 719 of the Communications Act or the
Commission's rules, or both; the specific relief or satisfaction sought
by the complainant; and the complainant's preferred format or method of
response to the complaint by the Commission and the NDBEDP certified
program, such as by letter, fax, telephone, TTY, or email.
(3) Service. The Commission shall promptly forward any complaint
meeting the requirements of this subsection to the NDBEDP certified
program named in the complaint and call upon the program to satisfy or
answer the complaint within the time specified by the Commission.
(b) Review and disposition of informal complaints. (1) Where it appears
from the NDBEDP certified program's answer, or from other
communications with the parties, that an informal complaint has been
satisfied, the Commission may, in its discretion, consider the matter
closed. In all other cases, the Commission shall inform the parties of
its review and disposition of a complaint filed under this subpart.
Where practicable, this information shall be transmitted to the
complainant and NDBEDP certified program in the manner requested by the
(2) A complainant unsatisfied with the NDBEDP certified program's
response to the informal complaint and the Commission's disposition of
the informal complaint may file a formal complaint with the Commission
pursuant to paragraph (c) of this section.
(c) Formal complaints. Formal complaints against an NDBEDP certified
program may be filed in the form and in the manner prescribed under
§ § 1.720 through 1.740 of this chapter. Commission staff may grant
waivers of, or exceptions to, particular requirements under § § 1.720
through 1.740 of this chapter for good cause shown; provided, however,
that such waiver authority may not be exercised in a manner that
relieves, or has the effect of relieving, a complainant of the
obligation under § § 1.721 and 1.722 of this chapter to allege facts
which, if true, are sufficient to constitute a violation or violations
of section 719 of the Communications Act or this subpart.
(d) Actions by the Commission on its own motion. The Commission may on
its own motion conduct such inquiries and hold such proceedings as it
may deem necessary to enforce the requirements of this subpart and
section 719 of the Communications Act. The procedures to be followed by
the Commission shall, unless specifically prescribed by the
Communications Act and the Commission's rules, be such as in the
opinion of the Commission will best serve the purposes of such
inquiries and proceedings.
[ 81 FR 65975 , Sept. 26, 2016, as amended at 83 FR 44843 , Sept.4, 2018]
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Goto Section: 64.6215 | 64.6219
Goto Year: 2018 |
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