Clients and Interested Parties:

On February 19, 2008, the Federal Communications Commission ("FCC") released thirteen (13) Notices of Apparent Liability for Forfeiture ("NALs") proposing to levy fines against carriers for failure to respond to FCC informal complaints.   The base forfeiture amount for failure to provide written responses to an FCC communication as directed is $4,000 per informal complaint.  As the Commission points out, however, monetary forfeitures can be levied up to $130,000 per violation, and up to a maximum of $1,325,000 for a continuing violation.   In the recent set of NALs issued by the FCC for failure to respond to informal complaints, the specific fines levied ranged from $4,000 to $96,000, depending on the number of informal complaints involved. 

On March 2, 2007, nearly one year ago, the FCC released a Public Notice reminding carriers of the importance of compliance with informal complaint rules and that failure to  timely respond to informal complaints as directed will be subject to enforcement action.  A copy of that Public Notice is attached.   The recent release of these NALs as well as other recent FCC actions underscore the FCC's commitment to aggressively enforcing its informal complaint rules.

Please feel free to contact us if you have any questions regarding your company's compliance with the FCC's informal complaint procedures and requirements.