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Report to Congressional Requesters: 

United States Government Accountability Office: 
GAO: 

November 2009: 

Telecommunications: 

FCC Needs to Improve Oversight of Wireless Phone Service: 

GAO-10-34: 

GAO Highlights: 

Highlights of GAO-10-34, a report to congressional requesters. 

Why GAO Did This Study: 

Americans increasingly rely on wireless phones, with 35 percent of 
households now primarily or solely using them. Under federal law, the 
Federal Communications Commission (FCC) is responsible for fostering a 
competitive wireless marketplace while ensuring that consumers are 
protected from harm. States also have authority to oversee some aspects 
of service. As requested, this report discusses consumers’ satisfaction 
and problems with wireless phone service and FCC’s and state utility 
commissions’ efforts to oversee this service. To conduct this work, GAO 
surveyed 1,143 adult wireless phone users from a nationally 
representative, randomly selected sample; surveyed all state utility 
commissions; and interviewed and analyzed documents obtained from FCC 
and stakeholders representing consumers, state agencies and officials, 
and the industry. 

What GAO Found: 

Based on a GAO survey of adult wireless phone users, an estimated 84 
percent of users are very or somewhat satisfied with their wireless 
phone service. Stakeholders GAO interviewed cited billing, terms of the 
service contract, carriers’ explanation of their service at the point 
of sale, call quality, and customer service as key aspects of wireless 
phone service with which consumers have experienced problems in recent 
years. The survey results indicate that most users are very or somewhat 
satisfied with each of these key aspects of service, but that the 
percentages of those very or somewhat dissatisfied with these aspects 
range from about 9 to 14 percent. GAO’s survey results and analysis of 
FCC complaint data also indicate that some wireless phone service 
consumers have experienced problems with billing, certain contract 
terms, and customer service. While the percentages of dissatisfied 
users appear small, given the widespread use of wireless phones, these 
percentages represent millions of consumers. 

FCC receives tens of thousands of wireless consumer complaints each 
year and forwards them to carriers for response, but has conducted 
little other oversight of services provided by wireless phone service 
carriers because the agency has focused on promoting competition. 
However, GAO’s survey results suggest that most wireless consumers with 
problems would not complain to FCC and many do not know where they 
could complain. FCC also lacks goals and measures that clearly identify 
the intended outcomes of its complaint processing efforts. 
Consequently, FCC cannot demonstrate the effectiveness of its efforts 
to process complaints. Additionally, without knowing to complain to FCC 
or what outcome to expect if they do, consumers with problems may be 
confused about where to get help and about what kind of help is 
available. FCC monitors wireless consumer complaints, but such efforts 
are limited. Lacking in-depth analysis of its consumer complaints, FCC 
may not be aware of emerging trends in consumer problems, if specific 
rules are being violated, or if additional rules are needed to protect 
consumers. FCC has rules regarding billing, but has conducted no 
enforcement of these rules as they apply to wireless carriers. This 
August, FCC sought public comment about ways to better protect and 
inform wireless consumers. 

In response to GAO’s survey, most state commissions reported receiving 
and processing wireless phone service consumer complaints; however, 
fewer than half reported having rules that apply to wireless phone 
service. Stakeholders said that states’ authority to regulate wireless 
service under federal law is unclear, leading, in some cases, to costly 
legal proceedings and reluctance in some states to provide oversight. 
FCC has provided some guidance on this issue but has not fully resolved 
disagreement over states’ authority to regulate billing line items and 
fees charged for terminating service early. State commissions surveyed 
indicated that communication with FCC about wireless phone service 
oversight is infrequent. As such, FCC is missing opportunities to 
partner with state agencies in providing effective oversight and to 
share information on wireless phone service consumer concerns. 

What GAO Recommends: 

To improve wireless phone service oversight, FCC should improve its 
outreach to consumers about its complaint process, related performance 
goals and measures, and monitoring of complaints. To improve 
coordination with states in providing oversight, FCC should develop 
guidance on federal and state oversight roles, seeking statutory 
authority from Congress if needed, and develop policies for 
communicating with states. FCC agreed with the recommendation on 
monitoring, took no position on the remaining ones, and noted actions 
that begin to address most of the recommendations. 

View [hyperlink, http://www.gao.gov/products/GAO-10-34] or key 
components. View the results of the GAO surveys online at [hyperlink, 
http://www.gao.gov/products/GAO-10-35SP]. For more information, contact 
Mark Goldstein at (202) 512-2834 or goldsteinm@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Most Consumers Are Satisfied with Their Wireless Phone Service, but 
Some Have Experienced Problems: 

FCC Processes Wireless Consumer Complaints but Has Conducted Little 
Other Oversight of Services Provided by Wireless Phone Service 
Carriers: 

State Utility Commissions' Efforts to Oversee Wireless Phone Service 
Are Varied, Their Regulatory Authority Is Unclear, and Communication 
with FCC Is Infrequent: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Analysis of FCC Wireless Consumer Complaint Data: 

Appendix III: Industry Actions to Address Wireless Consumer Concerns: 

Appendix IV: Examples of Actions Taken by FCC and Courts Regarding 
States' Authority to Regulate Wireless Phone Service: 

Appendix V: Comments from the Federal Communications Commission: 

Appendix VI: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Aspects of Wireless Phone Service Identified by Stakeholders 
as Key Areas of Consumer Concern: 

Table 2: Estimated Levels of Satisfaction with Specific Aspects of 
Wireless Phone Service: 

Table 3: FCC Rules Addressing Specific Aspects of Service Provided to 
Consumers by Wireless Phone Service Carriers: 

Table 4: Organizations Interviewed: 

Table 5: Consumer Complaints FCC Received about Services Provided by 
Wireless Phone Service Carriers from 2004 through 2008: 

Table 6: Industry Actions in Response to Key Areas of Consumer Concern: 

Figures: 

Figure 1: Estimated Growth in Wireless Phone Subscribers from 1989 
through 2008: 

Figure 2: Estimated Overall Satisfaction of Wireless Phone Users with 
Their Service: 

Figure 3: Largest Categories of Consumer Complaints FCC Received 
Regarding Wireless Phone Service Provided by Carriers, 2004 through 
2008: 

Figure 4: Amount of Time FCC Takes to Close Wireless Consumer 
Complaints, 2008: 

Figure 5: States with Rules that Apply to Wireless Phone Service: 

Figure 6: Number of State Utility Commissions with Wireless Rules and 
Wireless ETC Conditions for Main Areas Related to Terms and Conditions 
of Service: 

Figure 7: State Utility Commissions' Authority to Regulate Wireless 
Phone Service: 

Abbreviations: 

1993 Act: Omnibus Budget Reconciliation Act of 1993: 

AAPOR: American Association of Public Opinion Research: 

ETC: eligible telecommunications carrier: 

FCC: Federal Communications Commission: 

GPRA: Government Performance and Results Act of 1993: 

RDD: random digit dialing: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

November 10, 2009: 

The Honorable John D. Rockefeller: 
Chairman: 
Committee on Commerce, Science, and Transportation: 
United States Senate: 

The Honorable Rick Boucher: 
Chairman: 
Subcommittee on Communications, Technology, and the Internet Committee 
on Energy and Commerce: 
House of Representatives: 

The Honorable Daniel K. Inouye: 
United States Senate: 

The Honorable Amy Klobuchar: 
United States Senate: 

The Honorable Edward J. Markey: 
House of Representatives: 

Wireless phone use in the United States has risen dramatically over the 
last 20 years, and Americans increasingly rely on wireless phones as 
their primary or sole means of telephone communication. According to 
industry data, the total number of wireless phone service subscribers 
nationwide has grown from about 3.5 million in 1989 to about 270 
million in 2008 (see figure 1).[Footnote 1] As a result of this rapid 
growth, today the vast majority of Americans are wireless phone service 
users. Although the actual number of wireless users is less than the 
number of subscribers--since some users have multiple wireless phones--
estimates indicate that about 84 percent of Americans 18 years of age 
or older use wireless phones.[Footnote 2] 

Figure 1: Estimated Growth in Wireless Phone Subscribers from 1989 
through 2008: 

[Refer to PDF for image: line graph] 

Year: 1989: 
Number of subscribers: 3.5 million. 

Year: 1990: 
Number of subscribers: 5.3 million. 

Year: 1991: 
Number of subscribers: 7.6 million. 

Year: 1992: 
Number of subscribers: 11 million. 

Year: 1993: 
Number of subscribers: 16 million. 

Year: 1994: 
Number of subscribers: 24.1 million. 

Year: 1995: 
Number of subscribers: 33.8 million. 

Year: 1996: 
Number of subscribers: 44 million. 

Year: 1997: 
Number of subscribers: 55.3 million. 

Year: 1998: 
Number of subscribers: 69.2 million. 

Year: 1999: 
Number of subscribers: 86.1 million. 

Year: 2000: 
Number of subscribers: 109.5 million. 

Year: 2001: 
Number of subscribers: 128.4 million. 

Year: 2002: 
Number of subscribers: 140.8 million. 

Year: 2003: 
Number of subscribers: 158.7 million. 

Year: 2004: 
Number of subscribers: 182.1 million. 

Year: 2005: 
Number of subscribers: 207.9 million. 

Year: 2006: 
Number of subscribers: 233 million. 

Year: 2007: 
Number of subscribers: 255.4 million. 

Year: 2008: 
Number of subscribers: 270.3 million. 

Source: CTIA-The Wireless Association, used by permission. 

Note: Industry data count a subscriber as any person using a wireless 
phone under a paid subscription. Because an individual could have more 
than one wireless phone, such as separate phones for personal and 
professional use, the number of wireless phone service users is smaller 
than the number of subscribers. 

[End of figure] 

Concerns have arisen in recent years about the quality of wireless 
phone service, including specific concerns about billing; customer 
service; and carriers' contract terms, such as the fees carriers charge 
customers for terminating their service before the end of the contract 
period (early termination fees).[Footnote 3] In June 2009, we reported 
that such issues continued to be of concern to some consumers, as 
demonstrated by the results of our survey of wireless phone service 
users.[Footnote 4] Under federal law, the Federal Communications 
Commission (FCC) is responsible for fostering a competitive wireless 
marketplace while ensuring that consumers are protected from harmful 
practices.[Footnote 5] FCC's rules (or regulations) include procedures 
for handling consumer complaints.[Footnote 6] States, which have 
traditionally regulated local telephone service through regulatory 
bodies known as state utility commissions, also retain some authority 
under federal law to regulate wireless phone service and many also 
process consumer complaints. 

Citing concerns about the quality of wireless phone service, you asked 
us to examine consumers' concerns and government oversight in this 
area. This report discusses (1) consumers' satisfaction with wireless 
phone service and problems they have experienced with this service, as 
well as the industry's response to these problems; (2) FCC's efforts to 
oversee services provided by wireless phone service carriers; and (3) 
state utility commissions' efforts to oversee services provided by 
wireless phone service carriers. 

To determine consumers' satisfaction with wireless phone service and 
problems they have experienced in recent years, we surveyed a 
nationally representative, randomly selected sample of adult wireless 
phone users 18 years of age or older who had cell phone service in 
2008. From this sample, we completed 1,143 interviews.[Footnote 7] In 
addition, we interviewed FCC and stakeholders from organizations 
representing consumers, state agencies, and industry and reviewed 
documents obtained from these sources. We also analyzed consumer 
complaints about wireless phone service that FCC received from 2004 
through 2008 and reviewed complaint data from other sources. To 
determine the industry's response to these problems, we interviewed 
industry officials from the four largest U.S. carriers, two smaller 
carriers, and two national associations. To evaluate FCC's efforts to 
oversee services provided by wireless phone service carriers--including 
the agency's efforts to process complaints, monitor sources of 
information to inform policy decisions, and create and enforce rules-- 
we interviewed FCC officials responsible for such oversight, including 
those responsible for consumer issues and enforcement. We also reviewed 
relevant laws, regulations, and procedures and FCC's quarterly 
complaint reports, strategic plan, and budget, including the agency's 
performance goals and measures. To describe state utility commissions' 
efforts to oversee services provided by wireless phone service 
carriers, we surveyed state utility commissions in all 50 states and 
the District of Columbia about their wireless regulatory authority and 
efforts to oversee wireless phone service and process consumer 
complaints. All 51 commissions responded to our survey. We also 
interviewed officials and examined documents from state utility 
commissions, consumer advocate offices, and attorneys general offices 
in California, Nebraska, and West Virginia.[Footnote 8] (See appendix I 
for a more detailed description of our scope and methodology.) This 
report does not contain all of the results from the consumer and state 
utility commission surveys. The surveys and a more complete tabulation 
of the results can be viewed by accessing GAO-10-35SP. 

We conducted this performance audit from September 2008 to November 
2009 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

Background: 

The use of wireless phone service has grown rapidly in recent years. By 
the end of 2008, about 82 percent of adults lived in households with 
wireless phone service, up from 54 percent at the end of 2005. 
Furthermore, by the end of 2008, about 35 percent of households used 
wireless phones as their primary or only means of telephone service, of 
which about 20 percent had only wireless phones and the other 15 
percent had landlines but received all or most calls on wireless 
phones.[Footnote 9] Consumers' use of wireless phones for other 
purposes, such as text messaging, photography, and accessing the 
Internet, has also increased dramatically. For example, FCC reports 
that, while a subscriber's average minutes of use per month grew from 
584 to 769 from 2004 to 2007, the number of text messages grew more 
than tenfold during the same period.[Footnote 10] 

Within the wireless phone industry, four nationwide wireless phone 
service carriers--AT&T, Sprint, T-Mobile, and Verizon--operate 
alongside regional carriers of various size. The four major carriers 
serve more than 85 percent of wireless subscribers, but no single 
competitor has a dominant share of the market. As recently as 2007, 
more than 175 companies identified themselves as wireless phone service 
carriers.[Footnote 11] 

To subscribe to wireless phone service, a customer must select a 
wireless phone service carrier and either sign a contract and choose a 
service plan or purchase prepaid minutes and buy a phone that works 
with the prepaid service. Most customers sign contracts that specify 
the service plan and the number of minutes and text messages the 
customer is buying for a monthly fee. Also, new customers who sign 
contracts for wireless phone service sometimes pay up-front fees for 
"network activation" of their phones and usually agree to pay an "early 
termination fee" if they should quit the carrier's network before the 
end of the contract period. In return for signing a contract, customers 
often receive wireless phones at a discount or no additional cost. 

In 1993, the Omnibus Budget Reconciliation Act (1993 Act) was enacted, 
creating a regulatory framework to treat wireless phone service 
carriers consistently and encourage the growth of a competitive 
marketplace. Specifically, the law required FCC to treat wireless 
carriers as common carriers but gave FCC authority to exempt wireless 
service carriers from specific regulations that apply to common 
carriers if FCC could demonstrate that doing so would promote 
competition, that the regulations were unnecessary to protect 
consumers, and that the exemption was consistent with the public 
interest.[Footnote 12] FCC has specific authority to regulate wireless 
phone service rates and market entry, while states are preempted from 
doing so; however, states may regulate the other "terms and conditions" 
of wireless phone service.[Footnote 13] 

The 1993 Act also directed FCC to require wireless carriers, like other 
common carriers, to provide service upon reasonable request and terms 
without unjust or unreasonable discrimination, as well as to adhere to 
procedures for responding to complaints submitted to FCC.[Footnote 14] 
Subsequently, the Telecommunications Act of 1996 authorized FCC to 
exempt wireless service carriers from these sections;[Footnote 15] 
however, in a 1998 proceeding to consider whether to exempt certain 
wireless phone service carriers from these requirements, FCC 
specifically stated that it would not do so, noting that these 
respective sections represented the "bedrock consumer protection 
obligations" of common carriers.[Footnote 16] FCC's rules specify that 
the agency has both informal and formal complaint processes.[Footnote 
17] FCC's informal complaint process allows consumers to file 
complaints with FCC that the agency reviews and forwards to carriers 
for a response. The formal complaint process, which is similar to a 
court proceeding, requires a filing fee and is rarely used by 
consumers. 

State agencies also play a role in wireless phone service oversight. 
State utility commissions (sometimes called public utility commissions 
or public service commissions) regulate utilities, including 
telecommunications services such as wireless phone service and landline 
phone service. State commissions may also designate wireless phone 
service carriers as eligible telecommunications carriers (ETC)--a 
designation that allows carriers to receive universal service funds for 
serving consumers in high-cost areas.[Footnote 18] Through this 
process, state utility commissions may place conditions on how wireless 
carriers provide services in those high-cost areas in order for them to 
be eligible for such funds. State attorneys general broadly serve as 
the chief legal officers of states while also representing the public 
interest, and their work has included addressing wireless consumer 
protection issues.[Footnote 19] For example, in 2004, the attorneys 
general of 32 states entered into voluntary compliance agreements with 
Cingular Wireless (now AT&T), Sprint, and Verizon, under which the 
carriers agreed to disclose certain service terms at the point-of-sale 
and in their marketing and advertising, provide a service trial period, 
appropriately disclose certain taxes and surcharges on customers' 
bills, and respond to consumers' complaints and inquiries.[Footnote 20] 

Most Consumers Are Satisfied with Their Wireless Phone Service, but 
Some Have Experienced Problems: 

According to our consumer survey, overall, wireless phone service 
consumers are satisfied with the service they receive. Specifically, we 
estimate that 84 percent of adult wireless users are very or somewhat 
satisfied with their wireless phone service and that approximately 10 
percent are very or somewhat dissatisfied with their service (see 
figure 2).[Footnote 21] 

Figure 2: Estimated Overall Satisfaction of Wireless Phone Users with 
Their Service: 

[Refer to PDF for image: pie-chart] 

Satisfied: 84%: 
* Very satisfied: 45%; 
* Somewhat satisfied: 39%. 

Dissatisfied: 10%; 
* Very dissatisfied: 3%; 
* Somewhat dissatisfied: 6%. 

Neither: 6%. 

Source: GAO survey. 

Note: We conducted our survey of adult wireless phone users from 
February 23, 2009, through April 5, 2009. All estimates presented in 
this figure have a margin of error of less than +/-5 percentage points. 
The percentage of users very or somewhat dissatisfied with wireless 
phone service is 10 percent but appears smaller in the figure because 
of rounding. "Neither" refers to respondents who indicated that they 
were neither satisfied nor dissatisfied. Additionally, we estimate that 
fewer than 1 percent of users had no opinion or did not know about 
their overall satisfaction. Percentages may not sum to 100 because of 
rounding. 

[End of figure] 

Stakeholders we interviewed identified a number of aspects of wireless 
phone service that consumers have reported problems with in recent 
years.[Footnote 22] We identified five key areas of concern on the 
basis of these interviews and our review of related documents, and we 
subsequently focused our nationwide consumer survey on these areas (see 
table 1).[Footnote 23] 

Table 1: Aspects of Wireless Phone Service Identified by Stakeholders 
as Key Areas of Consumer Concern: 

Key area of concern: Billing; 
Nature of concern: 
* Complexity of billing statements leads to lack of consumer 
understanding; 
* Bills contain unexpected charges and errors. 

Key area of concern: Terms of service contract or agreement; 
Nature of concern: 
* Consumers are subject to fees for canceling their service before the 
end of their contract term (early termination fees), regardless of 
their reason for wanting to terminate service, effectively locking 
consumers into their contracts; 
* Consumers are not given enough time to try out their service before 
having to commit to the contract; 
* Carriers extend contracts when consumers request service changes. 

Key area of concern: Explanation of service; 
Nature of concern: 
* Key aspects of service, such as rates and coverage, are not clearly 
explained to consumers at the point of sale (when they sign up for the 
service). 

Key area of concern: Call quality; 
Nature of concern: 
* Consumers experience dropped or blocked calls, as well as noise on 
calls that makes hearing calls difficult; 
* Consumers experience poor coverage, which in rural areas may be the 
result of lack of infrastructure and in urban areas stems from lack of 
capacity to manage the volume of calls at peak times. 

Key area of concern: Customer service; 
Nature of concern: 
* Consumers experience problems such as long waits, ineffective 
assistance, and insufficient resolution to problems. 

Source: GAO analysis. 

[End of table] 

Based on our survey results, we estimate that most wireless phone users 
are satisfied with these five specific aspects of service (see table 
2). For example, we estimate that 85 percent of wireless phone users 
are very or somewhat satisfied with call quality, while the percentages 
of those very or somewhat satisfied with billing, contract terms, 
carrier's explanation of key aspects of service at the point of sale, 
and customer service range from about 70 to 76 percent.[Footnote 24] 
Additionally, we estimate that most wireless phone users are satisfied 
with their wireless phone service coverage. For example, we estimate 
that 86 to 89 percent of wireless phone users are satisfied with their 
coverage when using their wireless phones at home, at work, or in their 
vehicle. 

Table 2: Estimated Levels of Satisfaction with Specific Aspects of 
Wireless Phone Service: 

Aspect of service: Billing; 
Level of satisfaction: Satisfied (very or somewhat): 76%; 
Level of satisfaction: Neither satisfied or dissatisfied: 4%; 
Level of satisfaction: Dissatisfied (very or somewhat): 12%; 
Level of satisfaction: No opinion/no basis to judge: 8%. 

Aspect of service: Terms of service contract or agreement; 
Level of satisfaction: Satisfied (very or somewhat): 72%; 
Level of satisfaction: Neither satisfied or dissatisfied: 6%; 
Level of satisfaction: Dissatisfied (very or somewhat): 14%; 
Level of satisfaction: No opinion/no basis to judge: 8%. 

Aspect of service: Explanation of service; 
Level of satisfaction: Satisfied (very or somewhat): 76%; 
Level of satisfaction: Neither satisfied or dissatisfied: 5%; 
Level of satisfaction: Dissatisfied (very or somewhat): 9%; 
Level of satisfaction: No opinion/no basis to judge: 10%. 

Aspect of service: Call quality; 
Level of satisfaction: Satisfied (very or somewhat): 85%; 
Level of satisfaction: Neither satisfied or dissatisfied: 4%; 
Level of satisfaction: Dissatisfied (very or somewhat): 11%; 
Level of satisfaction: No opinion/no basis to judge: <1%. 

Aspect of service: Customer service; 
Level of satisfaction: Satisfied (very or somewhat): 70%; 
Level of satisfaction: Neither satisfied or dissatisfied: 6%; 
Level of satisfaction: Dissatisfied (very or somewhat): 12%; 
Level of satisfaction: No opinion/no basis to judge: 12%. 

Source: GAO survey. 

Note: We surveyed adult wireless phone users from February 23, 2009, 
through April 5, 2009. All estimates presented in this table have a 
margin of error of less than +/-5 percentage points. All respondents 
were asked about their level of satisfaction with each of these five 
aspects of wireless phone service. Respondents were also asked not to 
indicate a level of satisfaction if they had no basis to judge a 
particular aspect of service. For example, a respondent may have no 
basis to judge satisfaction with the contract terms if he or she did 
not sign the contract for the service. Percentages may not sum to 100 
because of rounding. 

[End of table] 

While we estimate that about three-fourths or more of wireless phone 
service users are satisfied with specific aspects of their service, the 
percentages of those very or somewhat dissatisfied range from about 9 
to 14 percent, depending on the specific aspect of service. For 
example, we estimate that 14 percent of wireless phone users are 
dissatisfied with the terms of their service contract or agreement. 
While the percentages of dissatisfied users appear to be small, they 
represent millions of people since, according to available estimates, 
the number of adult wireless phone service users is over 189 million. 

Other results of our survey suggest that some wireless phone consumers 
have experienced problems with billing, certain service contract terms, 
and customer service recently--that is, during 2008 and early 2009. 
Specifically, our survey results indicate the following: 

* Billing. We estimate that during this time about 34 percent of 
wireless phone users responsible for paying for their service received 
unexpected charges and about 31 percent had difficulty understanding 
their bill at least some of the time.[Footnote 25] Also during this 
time, almost one-third of wireless users who contacted customer service 
about a problem did so because of problems related to billing.[Footnote 
26] 

* Service contract terms. Among wireless users who wanted to switch 
carriers during this time but did not do so, we estimate that 42 
percent did not switch because they did not want to pay an early 
termination fee.[Footnote 27] 

* Customer service. Among those users who contacted customer service, 
we estimate that 21 percent were very or somewhat dissatisfied with how 
the carrier handled the problem. 

Our analysis of FCC consumer complaint data also indicates that 
billing, terms of the service contract, and customer service are areas 
where wireless consumers have experienced problems in recent years. 
[Footnote 28] Furthermore, FCC complaint data indicate that call 
quality is an area of consumer concern. Specifically, our analysis of 
FCC data indicates that the top four categories of complaints from 2004 
through 2008 regarding service provided by wireless carriers were 
billing and rates, call quality, early termination of contracts, and 
customer service, as shown in figure 3 (see appendix II for additional 
discussion of FCC wireless consumer complaint data). 

Figure 3: Largest Categories of Consumer Complaints FCC Received 
Regarding Wireless Phone Service Provided by Carriers, 2004 through 
2008: 

[Refer to PDF for image: vertical bar graph] 

Complaint category: Billing and rates[A]; 
Number of complaints: 54,985. 

Complaint category: Call quality[B]; 
Number of complaints: 14,290; 

Complaint category: Customer service; 
Number of complaints: 13,311. 

Complaint category: Contract early termination[C]; 
Number of complaints: 11,737. 

Source: GAO analysis of FCC complaint data. 

[A] Includes complaints about credits, adjustments, and refunds; line- 
item charges such as taxes and surcharges; charges for time spent 
talking on the phone; service plan rates; and unauthorized or 
misleading charges, among other issues. 

[B] Includes complaints about lack of coverage, telephone reception, 
and specific problems such as dead spots, dropped calls, and busy 
signals due to network congestion. 

[C] Includes complaints about termination of wireless phone service by 
the consumer or by the carrier. Most of these complaints were about 
termination by consumers prior to the end of a specified contract term, 
which could result in an early termination fee. 

[End of figure] 

Our survey of state utility commissions also found that billing, 
contract terms, and quality of service were the top categories of 
consumer complaints related to wireless phone service that commissions 
received in 2008.[Footnote 29] Specifically, among the 21 commissions 
that track wireless consumer complaints, 14 noted billing, 10 noted 
contract terms, and 10 noted quality of service as among the top three 
types of complaints commissions received in 2008.[Footnote 30] 
Additionally, 3 commissions specifically cited early termination fees 
as one of the top three categories of complaints they received in 2008. 

In response to the areas of consumer concern noted above, wireless 
carriers have taken a number of actions in recent years. For example, 
officials from the four major carriers--AT&T, Sprint, T-Mobile, and 
Verizon--reported taking actions such as prorating their early 
termination fees over the period of the contract, offering service 
options without contracts, and providing Web-based tools consumers can 
use to research a carrier's coverage area, among other efforts. In 
addition, in 2003, the industry adopted a voluntary code with 
requirements for dealing with customers and, according to CTIA-The 
Wireless Association, the wireless industry spent an average of $24 
billion annually between 2001 and 2007 on infrastructure and equipment 
to improve call quality and coverage. Also, carriers told us they use 
information from third-party tests and customer feedback to determine 
their network and service performance and identify needed improvements. 
(See appendix III for additional information about industry actions to 
address consumer concerns.) 

Representatives of state agencies and various consumer and industry 
associations we interviewed expressed concern to us that many of the 
actions the industry has taken to address consumers' concerns are 
voluntary and have not effectively addressed some major consumer 
concerns. For example, officials from some state public utility 
commissions indicated that there are no data to support the 
effectiveness of the wireless industry's voluntary code and that this 
code lacks the level of oversight that state agencies can offer. 
Moreover, officials from state utility commissions and consumer 
associations we spoke with indicated that the industry's actions to 
prorate early termination fees may be inadequate because the fees are 
not reduced to $0 over of the course of the contract period. 
Furthermore, some representatives of state agencies and consumer groups 
suggested that the industry has taken voluntary actions such as 
adopting the voluntary code and prorating early termination fees to 
avoid further regulation by FCC. Industry representatives, however, 
told us that the voluntary approach is more effective than regulation, 
since it gives the industry flexibility to address these concerns. 

FCC Processes Wireless Consumer Complaints but Has Conducted Little 
Other Oversight of Services Provided by Wireless Phone Service 
Carriers: 

FCC processes tens of thousands of wireless consumer complaints each 
year but has conducted little additional oversight of services provided 
by wireless phone service carriers because the agency has focused on 
promoting competition. The agency receives informal consumer complaints 
and forwards them to carriers for response; however, our consumer 
survey results suggest that most wireless consumers with problems would 
not complain to FCC and many do not know where they could complain. FCC 
has also not articulated goals and measures that clearly identify the 
intended outcomes of its complaint-processing effort.[Footnote 31] 
Consequently, if wireless consumers do not know where they can complain 
or what outcome to expect if they do, they may be confused about where 
to go for help or what assistance they can expect from FCC. 
Additionally, FCC cannot demonstrate how well it is achieving the 
intended outcomes of its efforts. While FCC monitors wireless consumer 
complaints by reviewing the top categories of complaints received, it 
has conducted few in-depth analyses to identify trends or emerging 
issues, impeding its ability to determine whether its rules have been 
violated or if new rules may be needed. 

FCC Processes Consumers' Wireless Complaints, but Many Consumers May 
Not Know They Can Complain to FCC: 

FCC receives about 20,000 to 35,000 complaints each year related to 
services provided by wireless carriers, which the agency forwards to 
carriers for response.[Footnote 32] Given that our survey indicates 
that an estimated 21 percent of consumers who contact their carrier's 
customer service about a problem are dissatisfied with the result, 
FCC's efforts to process complaints are an important means for 
consumers to get assistance in resolving their problems. After 
reviewing a complaint received, FCC responds by sending the consumer a 
letter about the complaint's status.[Footnote 33] If FCC determines 
that the complaint is valid, the agency sends the complaint to the 
carrier and asks the carrier to respond to FCC and the consumer within 
30 days.[Footnote 34] 

Once FCC receives a response from the carrier, the agency reviews the 
response, and if it determines the response has addressed the 
consumer's complaint, it marks the complaint as closed.[Footnote 35] 
According to FCC officials, if the response is not sufficient, FCC 
contacts the carrier again. FCC officials told us they consider a 
carrier's response to be sufficient if it responds to the issue raised 
in the consumer's complaint; however, such a response may not address 
the problem to the consumer's satisfaction. When FCC considers a 
complaint to be closed, it sends another letter to the consumer, which 
states that the consumer can call FCC with further questions or, if not 
satisfied with the carrier's response, can file a formal complaint. FCC 
officials also told us that if a consumer is not satisfied, the 
consumer can request that FCC mediate with the carrier on his or her 
behalf; however, the letter that FCC sends to a consumer whose 
complaint has been closed does not identify mediation as an option. FCC 
closes most wireless phone service complaints within 90 days of 
receiving them. Specifically, according to FCC's complaint data, the 
agency closed 61 percent of complaints received in 2008 within 90 days 
(see figure 4). 

Figure 4: Amount of Time FCC Takes to Close Wireless Consumer 
Complaints, 2008: 

[Refer to PDF for image: pie-chart] 

30 to 90 days: 52%; 
90 to 180 days: 27%; 
Less than 30 days: 9%; 
More than 180 days: 5%; 
Not closed: 7%. 

Source: GAO analysis of FCC complaint data. 

Note: The figure depicts the percentage of wireless consumer complaints 
FCC closes within specific time frames, as measured by the number of 
days from when complaints are received to when they are closed. This 
analysis reflects FCC's data as of March 30, 2009, when the agency 
transmitted its complaint data to us. FCC may have subsequently closed 
complaints reflected here as not closed. 

[End of figure] 

FCC uses several methods to inform consumers that they may complain to 
the agency about their wireless phone service and has taken steps to 
improve its outreach. According to FCC officials, the agency provides 
information on how to complain to FCC on its Web site and in fact 
sheets that are distributed through various methods, including its Web 
site. Also, in response to a recommendation from its Consumer Advisory 
Committee in 2003 to improve outreach to consumers about the agency's 
process for handling complaints, FCC switched from using one complaint 
form to having multiple forms for different types of complaints to make 
filing complaints easier for consumers. FCC also made its complaint 
forms and fact sheets available in Spanish and has distributed consumer 
fact sheets at outreach events and conferences. Furthermore, the agency 
created an e-mail distribution list for disseminating consumer 
information materials, which it used to inform consumers about the 
revised complaint forms. We have previously noted that it is important 
for an agency's consumer protection efforts to inform the public 
effectively and efficiently about its role and how to seek redress. 
[Footnote 36] Additionally, we have reported on various ways an agency 
can communicate with the public about its efforts, including how 
exploring multiple methods for communicating with the public may 
improve public outreach. Such outreach methods can include making 
effective use of Web sites, e-mail listserves, or other Web-based 
technologies like Web forums, as well as requiring relevant companies 
to provide information to their customers.[Footnote 37] For example, 
many state utility commissions require landline carriers to include 
information on customers' bills about how to contact the commission 
with a complaint. 

Despite FCC's efforts to improve its outreach, these efforts may not be 
adequately informing the public about the agency's role in handling 
consumer complaints. Specifically, based on the results of our consumer 
survey, we estimate that 13 percent of adult wireless phone users would 
complain to FCC if they had a problem that their carrier did not 
resolve and that 34 percent do not know where they could complain. 
[Footnote 38] Therefore, many consumers that experience problems with 
their wireless phone service may not know to contact FCC for assistance 
or may not know at all whom they could contact for help. We reported 
these survey results in June 2009.[Footnote 39] In August 2009, noting 
our survey results, FCC sought public comment on whether there are 
measures the agency could take to ensure that consumers are aware of 
FCC's complaint process, including whether FCC should require carriers 
to include information for consumers on their bills about how to 
contact FCC with a complaint.[Footnote 40] 

FCC Lacks Goals and Measures That Articulate the Intended Outcomes of 
Its Efforts to Process Consumer Complaints: 

FCC's goals and measures related to its efforts to process wireless 
consumer complaints do not clearly identify the intended outcomes of 
these efforts. The Government Performance and Results Act of 1993 
(GPRA) requires an agency to establish outcome-related performance 
goals for its major functions.[Footnote 41] GPRA also requires an 
agency to develop performance indicators for measuring the relevant 
outcomes of each program activity in order for the agency to 
demonstrate how well it is achieving its goals.[Footnote 42] 

The key goal related to FCC's consumer complaint efforts is to "work to 
inform American consumers about their rights and responsibilities in 
the competitive marketplace." This key goal also has a subgoal to 
"facilitate informed choice in the competitive telecommunications 
marketplace." According to FCC officials, "informed choice" means 
consumers are informed about how a particular telecommunications market 
works, what general services are offered, and what to expect when they 
buy a service.[Footnote 43] FCC's measure related to its efforts to 
process wireless consumer complaints under this subgoal is to respond 
to consumers' general complaints within 30 days, which reflects the 
time it takes FCC to initially respond to the consumer about the status 
of a complaint.[Footnote 44] The measure does not clearly or fully 
demonstrate FCC's achievement of its goal to facilitate informed 
consumer choice. Instead, it is a measure of a program output, or 
activity, not of the outcome the agency is trying to achieve. Another 
subgoal is to "improve customer experience with FCC's call centers and 
Web site." While this subgoal does identify an intended outcome, FCC 
does not have a measure related to this outcome that pertains to 
consumers who complain about services provided by their wireless 
carrier. FCC officials told us that they do not measure customer 
experience with the agency's call centers and Web sites but sometimes 
receive anecdotal information from customers about their experiences. 
[Footnote 45] 

We have previously reported that to better articulate results, agencies 
should create a set of performance goals and related measures that 
address important dimensions of program performance. FCC's goals may 
not represent all of the important dimensions of FCC's performance in 
addressing consumer complaints. A logical outcome of handling 
complaints is resolving problems or, if a problem cannot be resolved, 
helping the consumer understand why that is the case. However, it is 
not clear whether resolving problems is an intended outcome of FCC's 
consumer complaint efforts. While FCC's goals in this area indicate 
that informing consumers is a goal of the agency, some information from 
FCC implies that another intended outcome of these efforts is to 
resolve consumers' problems. For example, FCC's fact sheets state that 
consumers can file a complaint with FCC if they are unable to resolve a 
problem directly with their carrier, which may lead consumers to 
believe that FCC will assist them in obtaining a resolution. However, 
FCC officials told us that the agency's role in addressing complaints, 
as outlined in the law, is to facilitate communication between the 
consumer and the carrier and that FCC lacks the authority to compel a 
carrier to take action to satisfy many consumer concerns. Thus, it is 
not clear if the intended outcome of FCC's complaint-handling efforts 
is resolving consumer problems, fostering communication between 
consumers and carriers, or both. Furthermore, FCC has not established 
measures of its performance in either resolving consumer problems or 
fostering communication between consumers and carriers.[Footnote 46] 
For example, FCC does not measure consumer satisfaction with its 
complaint-handling efforts. Without clear outcome-related goals and 
measures linked to those goals, the purpose and effectiveness of these 
efforts are unclear, and the agency's accountability for its 
performance is limited.[Footnote 47] 

As noted above, consumers may not know to contact FCC if they have a 
complaint about their wireless phone service. Additionally, because FCC 
has not clearly articulated the intended outcomes of its complaint- 
processing efforts, consumers may not know the extent to which FCC can 
aid them in obtaining a satisfactory resolution to their concerns, and 
since FCC's letters to consumers do not indicate that mediation is 
available, consumers may not know that they can request this service 
from FCC. Consequently, consumers with wireless service problems may be 
confused about where to seek assistance and what kind of assistance to 
expect if they do know they can complain to FCC. 

FCC Has Few Rules That Address Services Provided by Wireless Phone 
Service Carriers: 

FCC has few rules that specifically address services consumers receive 
from wireless phone service carriers, and in general, the agency has 
refrained from regulating wireless phone service in order to promote 
competition in the market. FCC's rules include general requirements for 
wireless carriers to provide services upon reasonable request and terms 
and in a nondiscriminatory manner, and to respond to both informal and 
formal complaints submitted to FCC by consumers. FCC also has specific 
rules requiring wireless carriers and other common carriers to present 
charges on customers' bills that are clear and nonmisleading, known as 
truth-in-billing rules.[Footnote 48] Additionally, FCC's rules 
establish other consumer protections, such as requiring wireless 
carriers to provide enhanced 911 and other emergency services and 
number portability rules that allow customers to keep their phone 
numbers when switching between wireless carriers or between landline 
and wireless services.[Footnote 49] While FCC has rules that cover 
billing, the agency has not created specific rules governing other key 
areas of recent consumer concern that we identified (see table 3). 
[Footnote 50] 

Table 3: FCC Rules Addressing Specific Aspects of Service Provided to 
Consumers by Wireless Phone Service Carriers: 

Aspects of service addressed by FCC rules: 
* Billing (truth-in-billing); 
* Provision of enhanced 911 and other emergency services; 
* Number portability; 
* Hearing aid compatibility; 
* Security of consumers' personal information. 

Aspects of service FCC rules do not address: 
* Contract terms; 
* Explanation of service terms; 
* Call quality; 
* Customer service. 

Source: GAO analysis of FCC rules. 

Note: Besides these rules that address services provided to consumers, 
FCC has rules for wireless carriers covering public safety, licensing, 
and construction. FCC rules also address unsolicited telemarketing on 
wireless phones. 

[End of table] 

According to FCC, the agency does not regulate issues such as carriers' 
contract terms or call quality, since the competitive marketplace 
addresses these issues, leading carriers to compete on service quality 
and proactively respond to any related concerns from consumers. 
Additionally, having determined that exempting carriers from certain 
regulations will promote competition, FCC has used its authority under 
the 1993 Act to exempt wireless carriers from some rules that apply to 
other communications common carriers.[Footnote 51] For example, in 
1994, FCC exempted wireless carriers from rate regulations that apply 
to other common carriers.[Footnote 52] FCC has stated that promoting 
competition was a principal goal of the 1993 Act under which Congress 
established the regulatory framework for wireless phone service 
oversight. As required by the 1993 Act, in exempting wireless phone 
service carriers from regulations in order to promote competition, as 
FCC has done, FCC must determine that such exemption is in the public 
interest and that the regulations are not necessary for the protection 
of consumers. 

FCC officials told us that the agency has taken a "light touch" in 
regulating the industry because it is competitive and noted that 
carriers compete with one another to provide better service. FCC 
proposed rules in 2005 for wireless carriers to address further 
regulation of billing practices and, in 2008, to address carriers' 
reporting of service quality information such as customer satisfaction 
and complaint data.[Footnote 53] FCC has received comments on both 
proposals but has taken no further action to date. In August 2009, as 
part of its effort to seek comment on a number of telecommunications 
consumer issues, FCC sought comment on the effectiveness of its truth- 
in-billing rules and whether changes in these rules are needed. 
[Footnote 54] 

FCC Has Conducted Limited Monitoring of Wireless Consumer Complaints 
and Has Not Enforced Its Billing Rules for Wireless Carriers: 

FCC monitors informal complaints submitted by consumers to determine 
whether further regulation is needed and if the wireless industry is 
complying with the agency's rules, but such monitoring is limited. 
[Footnote 55] According to FCC officials, trends in consumer complaint 
data may alert them to the need for changes in regulation. Furthermore, 
FCC has acknowledged that when exempting telecommunications service 
providers, such as wireless carriers, from its regulations, the agency 
has a duty to ensure that consumer protection needs are still met. 
FCC's Consumer and Governmental Affairs Bureau reviews the top 
categories of complaints reported in the agency's quarterly reports of 
consumer complaints and looks for trends.[Footnote 56] FCC officials 
said that the agency does not routinely conduct more in-depth reviews 
of the nature of wireless consumer complaints unless they are needed to 
support an FCC decision-making effort, such as a rulemaking proceeding. 
FCC does not document its monitoring of consumer complaints and does 
not have written policies and procedures for routinely monitoring 
complaints. 

FCC has taken a number of actions to enforce its rules that apply to 
wireless phone service carriers, but the agency has conducted no 
enforcement of its truth-in-billing rules as they apply to wireless 
service. One of the agency's performance goals is to enforce FCC's 
rules for the benefit of consumers. According to representatives of 
FCC's Enforcement Bureau, trends in consumer complaints that identify 
potential violations of FCC rules may signal the need for FCC to 
conduct an investigation, which could lead to an enforcement action. 
For example, in reviewing complaint data, the bureau identified five 
wireless carriers that had not responded to consumer complaints, which 
in 2008, led the agency to initiate enforcement actions against these 
carriers.[Footnote 57] However, Enforcement Bureau officials told us 
that they have not reviewed complaints to look for potential wireless 
truth-in-billing rules violations. Under the method it currently uses 
to categorize informal complaints, FCC cannot easily determine whether 
complaints may indicate a potential violation of FCC's truth-in-billing 
rules. For example, FCC officials told us that while the agency uses 
category codes to identify types of complaints related to billing, such 
as codes for rates, line items, and fees, FCC officials would have to 
review complaints individually to determine whether they revealed a 
potential violation of its truth-in-billing rules--an analysis FCC has 
not conducted. Furthermore, according to FCC officials, since the 
application of the agency's truth-in-billing rules to wireless carriers 
was expanded in 2005, the agency has conducted no formal investigations 
of wireless carriers' compliance with these rules because investigating 
other issues has been a priority and FCC has received no formal 
complaints in this area. Since our consumer survey indicates that about 
a third of consumers responsible for paying their wireless bills have 
had problems understanding their bill or received unexpected charges, 
the enforcement of truth-in-billing rules is important for the 
protection of consumers. 

Lacking in-depth analysis of its consumer complaints, FCC may not be 
aware of trends or emerging issues related to consumer problems, if 
specific rules--such as the truth-in-billing rules--are being violated, 
or if additional rules are needed to protect consumers. Our standards 
for internal control in the federal government state that agencies 
should have policies and procedures as an integral part of their 
efforts to achieve effective results.[Footnote 58] Without adequate 
policies and procedures for conducting such analyses of its consumer 
complaints, FCC may not be able to ensure that its decisions to exempt 
carriers from regulation promote competition and protect consumers. 

State Utility Commissions' Efforts to Oversee Wireless Phone Service 
Are Varied, Their Regulatory Authority Is Unclear, and Communication 
with FCC Is Infrequent: 

Results of our survey of state utility commissions show that while most 
commissions process wireless consumer complaints, most do not regulate 
wireless phone service. Representatives of state utility commissions 
and other stakeholders we interviewed told us that states' authority 
under federal law to regulate wireless phone service is unclear, and 
this lack of clarity has, in some cases, led to costly legal 
proceedings and some states' reluctance to provide oversight. 
Additionally, based on the results of our survey, communication between 
these commissions and FCC regarding oversight of wireless phone service 
is infrequent. 

Most State Utility Commissions Accept Wireless Consumer Complaints, but 
States' Efforts to Address Complaints Vary: 

In response to our survey of 51 state utility commissions, 33 
commissions reported receiving complaints about wireless phone service, 
which they process in different ways. Specifically, 20 of these 
commissions work with the consumer and/or wireless carrier to resolve 
wireless complaints, while the other 13 commissions that accept 
complaints forward the complaint or refer the consumer to the relevant 
wireless carrier or another government entity. States that forwarded 
complaints or referred consumers to other government entities most 
frequently did so to FCC or a state attorney general, with some 
complaints also going to the Federal Trade Commission, a state consumer 
advocate, or another state agency.[Footnote 59] State utility 
commission officials we spoke with in California, Nebraska, and West 
Virginia, which all accept complaints and work with carriers and 
consumers to resolve them, told us that they have access to higher- 
ranking carrier representatives than consumers who call the carriers 
directly. This access, they said, helps them resolve wireless consumer 
complaints in an effective and timely manner. Twenty-one of the 33 
commissions that accept complaints reported recording and tracking the 
number and types of wireless phone service complaints they receive. 
Based on the responses of commissions to our survey, they received a 
total of 8,314 wireless service complaints in 2008. 

Most State Utility Commissions Do Not Regulate Wireless Phone Service: 

Most commissions do not regulate wireless phone service. As noted 
previously, under federal law, states may regulate "terms and 
conditions" of wireless phone service, although they are preempted from 
regulating rates and entry. In response to our survey, 19 commissions 
reported having rules (or regulations) for wireless phone service, 
either for telecommunications services generally, including wireless 
service, or wireless services specifically (see figure 5). 

Figure 5: States with Rules that Apply to Wireless Phone Service: 

[Refer to PDF for image: U.S. map] 

States with rules for wireless phone service: 
Alaska: 
Arizona: 
California: 
Colorado: 
Connecticut: 
Hawaii: 
Indiana: 
Iowa: 
Louisiana: 
Massachusetts: 
Mississippi: 
Missouri: 
Montana: 
New Mexico: 
North Dakota: 
Ohio: 
Rhode Island: 
South Dakota: 
West Virginia. 

States without rules for wireless phone service: 
Alabama: 
Arkansas: 
Delaware: 
District of Columbia: 
Florida: 
Georgia: 
Idaho: 
Illinois: 
Kansas: 
Kentucky: 
Maine: 
Maryland: 
Michigan: 
Minnesota: 
Nebraska: 
Nevada: 
New Hampshire: 
New Jersey: 
New York: 
North Carolina: 
Oklahoma: 
Oregon: 
Pennsylvania: 
South Carolina: 
Tennessee: 
Texas: 
Utah: 
Vermont: 
Virginia: 
Washington: 
Wisconsin: 
Wyoming. 

Sources: GAO survey and Map Resources. 

Note: We conducted our survey of state utility commissions from March 
3, 2009, through April 1, 2009, using a Web-based survey and subsequent 
follow-up with some states. We received responses from commissions in 
all 50 states and the District of Columbia. 

[End of figure] 

Few commissions have rules within the following five main areas related 
to the terms and conditions of wireless service we asked about in our 
survey: service quality, billing practices, contract or agreement terms 
and conditions, advertising disclosures, and disclosure of service 
terms and conditions.[Footnote 60] Specifically, the number of 
commissions that have rules in these areas ranges from 3 that have 
rules about disclosure of service terms and conditions to 15 that have 
rules about service quality (see figure 6). 

While fewer than half of the commissions have wireless rules, most 
designate wireless carriers as eligible telecommunication carriers 
(ETC) to receive universal service funds for serving high-cost areas. 
Although ETC status is not required for a wireless carrier to operate 
in a high-cost area, it is required if the carrier wants to receive 
universal service funding. We previously reported that wireless 
carriers often lack the economic incentive to install wireless towers 
in rural areas where they are unlikely to recover the installation and 
maintenance costs, but high-cost program support allows them to make 
these investments.[Footnote 61] Most commissions place conditions on 
receiving these funds related to various aspects of service. 
Specifically, 41 commissions in our survey reported having processes to 
designate wireless carriers as ETCs, and 31 reported placing such 
conditions on carriers to receive these funds. For example, the 
Nebraska state commission requires designated wireless ETCs to submit 
reports about coverage, service outages, complaints, and their use of 
universal service funding. For each of the five main areas related to 
the terms and conditions of service we asked about, more commissions 
reported having conditions for wireless ETCs than rules for wireless 
carriers (see figure 6). Such conditions would not apply to wireless 
carriers generally--only to those carriers designated as ETCs to 
provide services in high-cost areas. 

Figure 6: Number of State Utility Commissions with Wireless Rules and 
Wireless ETC Conditions for Main Areas Related to Terms and Conditions 
of Service: 

[Refer to PDF for image: vertical bar graph] 

Main area: Service quality; 
Wireless rules (number of state utility commissions): 15; 
Wireless ETC conditions (number of state utility commissions): 21. 

Main area: Billing practices; 
Wireless rules (number of state utility commissions): 11; 
Wireless ETC conditions (number of state utility commissions): 12. 

Main area: Contract or agreement terms and conditions: 
Wireless rules (number of state utility commissions): 6; 
Wireless ETC conditions (number of state utility commissions): 10. 

Main area: Advertising disclosures; 
Wireless rules (number of state utility commissions): 4; 
Wireless ETC conditions (number of state utility commissions): 21. 

Main area: Disclosure of service terms and conditions; 
Wireless rules (number of state utility commissions): 3; 
Wireless ETC conditions (number of state utility commissions): 9. 

Source: GAO analysis of FCC data. 

Note: We conducted our survey of state utility commissions from March 
3, 2009, through April 1, 2009, using a Web-based survey and subsequent 
follow-up with some states. We received responses from commissions in 
all 50 states and the District of Columbia. 

[End of figure] 

Few state utility commissions--five--reported taking enforcement action 
against wireless phone service carriers since the beginning of 2004. 
According to national organizations representing state agencies, 
states' concerns about the cost of pursuing these issues in court have 
created a reluctance to do so. 

State utility commissions generally cannot regulate wireless phone 
service unless they are granted authority to do so by state law. 
According to our survey of state utility commissions, many state 
commissions do not have authority to regulate wireless phone service, 
and most that do have authority indicated that it is limited. 
Specifically, 21 commissions reported having authority to regulate 
wireless phone service, with 5 commissions indicating they have 
authority to regulate in all areas related to the terms and conditions 
of service (excluding those aspects of service preempted by federal 
law) and 16 indicating they have authority to regulate in some areas. 
Twenty-one commissions reported that they do not have wireless 
regulatory authority and another 9 commissions would not assert whether 
they did or did not have wireless regulatory authority for various 
reasons (see figure 7).[Footnote 62] As discussed in the next section, 
according to some state officials, the lack of authority or limited 
authority in many states to regulate wireless phone service may be due 
to concerns about the lack of clarity in federal law regarding states' 
authority to regulate wireless phone service. 

Figure 7: State Utility Commissions' Authority to Regulate Wireless 
Phone Service: 

[Refer to PDF for image: U.S. map] 

Authority to regulate all aspects of wireless phone service (5 states): 
Massachusetts: 
Mississippi: 
Rhode Island: 
Vermont: 
West Virginia. 

Authority to regulate some but not all aspects of wireless phone 
service (16 states): 
Arizona: 
California: 
Colorado: 
Illinois: 
Iowa: 
Kansas: 
Kentucky: 
Louisiana: 
Maine: 
Montana: 
Nebraska: 
New Jersey: 
New Mexico: 
North Dakota: 
Ohio: 
Washington. 

No authority to regulate wireless phone service (20 states and the 
District of Columbia): 
Alabama: 
Arkansas: 
Delaware: 
District of Columbia: 
Florida: 
Georgia: 
Idaho: 
Indiana: 
Michigan: 
Minnesota: 
Missouri: 
Nevada: 
New Hampshire: 
North Carolina: 
Oregon: 
Tennessee: 
Texas: 
Utah: 
Virginia: 
Wisconsin: 
Wyoming. 

Other (no response or authority unclear) (9 states): 
Alaska: 
Hawaii: 
Maryland: 
New York: 
Oklahoma: 
Pennsylvania: 
Rhode Island: 
South Carolina: 
South Dakota. 

Sources: GAO survey and Map Resources. 

Note: We conducted our survey of state utility commissions from March 
3, 2009, through April 1, 2009, using a Web-based survey and subsequent 
follow-up with some states. We received responses from commissions in 
all 50 states and the District of Columbia. Indiana is shown in this 
figure as not having authority to regulate wireless phone service but 
is shown in figure 5 as having rules that apply to wireless phone 
service. According to the Indiana Utility Regulatory Commission, the 
commission has limited rules for carriers' certification but does not 
have authority to regulate the terms and conditions of wireless phone 
service. 

[End of figure] 

The Extent of States' Authority to Regulate Wireless Phone Service 
under Federal Law Is Unclear: 

State authority under federal law to regulate wireless phone service is 
not clear, based on the views of stakeholders we interviewed, court 
cases, FCC proceedings, a 2005 FCC task force report, and comments in 
our survey of state utility commissions. As discussed earlier, in 1993, 
Congress developed a wireless regulatory framework that expressly 
prohibited states from regulating the market entry or rates charged by 
wireless phone service carriers, while retaining states' authority to 
regulate other "terms and conditions" of wireless service. In an 
accompanying report, Congress stated that "terms and conditions" was 
intended to include billing practices and disputes, as well as other 
consumer protection matters.[Footnote 63] The report further stated 
that examples of service it provided that could fall within a state's 
lawful authority under "terms and conditions" were illustrative and not 
meant to preclude other matters generally understood to fall under 
"terms and conditions."[Footnote 64] Despite this guidance, whether 
specific aspects of service are considered "rates" or "terms and 
conditions" has been the subject of disputes at FCC, in state 
regulatory bodies, and in the courts. For example, courts have recently 
been grappling with cases about whether billing line items and early 
termination fees are defined as "rates," and are therefore not subject 
to state regulation, or as other "terms and conditions," which may be 
regulated by states. Such cases have not resolved the issue, as courts 
have reached different conclusions about the meaning of these terms or 
await action by FCC. (See appendix IV for examples of legal proceedings 
that address states' authority to regulate terms and conditions of 
wireless phone service.) 

FCC has provided limited guidance about the meaning of "terms and 
conditions." The agency did offer preliminary observations in response 
to petitions states filed with FCC seeking to continue regulating 
wireless rates and in a few other proceedings.[Footnote 65] For 
example, in 1995, FCC noted that while states could not set or fix 
wireless rates in the future, they could process consumer complaints 
under state law because "terms and conditions" was flexible enough to 
allow states to continue in this role.[Footnote 66] FCC has also said 
that states may designate wireless carriers as ETCs and that states may 
impose consumer protection requirements on wireless carriers as a 
condition for ETC designation.[Footnote 67] In 1999, FCC concluded that 
billing information, practices, and disputes fall within these other 
terms and conditions.[Footnote 68] Subsequently, in 2005, as part of 
its truth-in-billing proceeding, FCC concluded that regulation of line 
items by states constituted rate regulation, thereby preempting state 
authority; however, this conclusion was rejected by the Eleventh 
Circuit Court of Appeals.[Footnote 69] In this proceeding, FCC also 
asked commenters to address the proper boundaries of "other terms and 
conditions" and to describe what they believe should be the roles of 
FCC and the states in defining carriers' billing practices. However, 
this proceeding is still open, and FCC has taken no further action to 
define the proper role of states in regulating billing practices. 

The lack of clarity regarding states' authority to regulate wireless 
service has led to delays in deciding some legal matters and some 
states' reluctance to provide oversight. In some instances, when 
hearing cases involving early termination fees, courts have halted 
proceedings pending FCC's resolution of its own proceedings examining 
whether such fees should be defined as "rates" or "terms and 
conditions."[Footnote 70] For example, in 2008, rather than issue a 
ruling, a U.S. District Court in the state of Washington deferred to 
FCC a case against a wireless carrier involving early termination fees, 
citing FCC's primary jurisdiction over the issue.[Footnote 71] 
According to FCC officials, when courts defer cases to FCC, the agency 
does not automatically address the issue, but requires that a party 
file a petition asking FCC to do so. Officials of national 
organizations representing state agencies and officials from state 
agencies we interviewed told us that some states are reluctant to 
regulate wireless phone service until their authority is clarified. 
This is due, in part, to the potential legal costs that could be 
incurred if their authority is challenged in court by the industry. 
Such reluctance may lead to less consumer protection in certain states 
that otherwise might issue regulations.[Footnote 72] 

As we have previously reported, to develop an efficient and effective 
regulatory framework, the appropriate roles of participants, including 
states, should be identified.[Footnote 73] Because of the lack of 
clarity noted above, various stakeholders have expressed a desire for 
clearer roles for FCC and the states in providing wireless phone 
service oversight. For example, officials of national organizations 
representing state agencies, as well as officials from state agencies 
we interviewed, told us that clarity from Congress or FCC about the 
scope of state authority in regulating wireless phone service is 
needed.[Footnote 74] Some industry representatives also told us that 
there should be better guidance on the respective roles of state and 
federal agencies. A report by the FCC Wireless Broadband Access Task 
Force in 2005 recommended that FCC further clarify states' authority to 
regulate "terms and conditions," saying ambiguity about this authority 
has resulted in several disputes at FCC, in state regulatory bodies, 
and in the courts, and has caused significant regulatory uncertainty 
that will adversely affect investment in and deployment of wireless 
networks and other services. In 2005, CTIA-The Wireless Association 
petitioned FCC to declare that early termination fees are rates, and 
FCC sought comment on the petition.[Footnote 75] Recently, when CTIA- 
The Wireless Association withdrew its petition, four consumer groups 
opposed its withdrawal, hoping that FCC would offer some clarity on 
whether early termination fees are subject to state laws and 
regulations in order to help resolve some pending state lawsuits. 

State, consumer, and industry stakeholders hold varying views about how 
the meaning of "terms and conditions" should be clarified, which would 
affect states' authority to regulate wireless phone service. Industry 
representatives argue that "terms and conditions" should be defined 
narrowly, which would preempt states' ability to regulate aspects of 
wireless phone service that fall outside the definition. For example, 
industry representatives have stated that early termination fees and 
billing line items should be considered "rates," rather than "terms and 
conditions," which would preclude state utility commissions from 
regulating these aspects of service. In general, industry 
representatives have supported regulation at only the federal level, 
which they claim would avoid inconsistent state regulatory requirements 
they say would add to their costs. In contrast, state agency 
representatives and some consumer organizations have supported 
clarifying the meaning of "terms and conditions" to broadly encompass 
various aspects of wireless phone service, since they oppose efforts to 
preempt states' regulatory authority. For example, state consumer 
advocates and consumer organizations have argued that aspects of 
service such as early termination fees and billing line items should 
fall within the definition of "terms and conditions" of service that 
states have authority to regulate. These representatives argue that 
states should have authority to create and enforce wireless phone 
service regulations, since they claim states are better positioned to 
effectively address consumers' problems.[Footnote 76] 

FCC's Communication with State Utility Commissions Regarding Oversight 
of Wireless Phone Service Is Infrequent: 

Based on the results of our survey of state utility commissions, 
communication between FCC and state commissions about wireless phone 
service oversight is infrequent. Eleven state commissions indicated 
they had communicated with FCC about wireless phone service oversight 
issues during the last 6 months of 2008, and 33 commissions reported 
they had no contact with FCC about wireless phone service oversight 
during that time.[Footnote 77] Four of the 11 state commissions 
reported having communication with FCC during that 6-month period about 
wireless phone service complaints the state commissions had received 
from consumers. State utility commission officials we interviewed in 
California, Nebraska, and West Virginia said there was a need for 
better communication between FCC and the states regarding wireless 
phone service oversight, and the National Association of Regulatory 
Utility Commissioners has called for more focused and routine dialogue 
between FCC and the states, including a formal process to discuss 
jurisdictional issues. 

While FCC officials told us they routinely coordinate with state 
utility commissions about the handling of wireless complaints, they 
have no written policies or procedures on how they communicate with the 
states about wireless phone service oversight issues. FCC officials do 
participate in monthly conference calls with state utility commissions 
and state attorneys general during which wireless phone service 
oversight issues can be discussed. However, the state utility 
commission organizer of this conference call told us that wireless 
issues are rarely discussed, in part because few states actively 
regulate wireless phone service. 

Communication between federal and state agencies that share oversight 
of a particular industry--such as between FCC and state utility 
commissions--can be useful for sharing expertise and information, such 
as data on consumer complaints that could be used to identify problems 
that may warrant regulatory oversight. As noted earlier, federal law 
provides that oversight of wireless phone service is a responsibility 
shared by FCC and the states. Also FCC, in issuing its rules for 
implementing the wireless regulatory framework created by the 1993 Act, 
agreed with a suggestion by the National Association of Regulatory 
Utility Commissioners that state and federal regulators should 
cooperate in monitoring the provision of wireless services and share 
monitoring information.[Footnote 78] We previously reported that 
collaboration between agencies tasked with shared responsibilities 
produces more public value than independent actions by such agencies. 
[Footnote 79] These practices include identifying and addressing needs 
by leveraging resources to support a common outcome and agreeing on 
roles and responsibilities in agency collaboration. Additionally, we 
have recently developed a framework with characteristics of an 
effective system for providing regulatory oversight.[Footnote 80] One 
characteristic of this framework is a systemwide focus--among both 
federal and state regulators--with mechanisms for identifying consumer 
concerns that may warrant regulatory intervention, while another 
characteristic is an efficient and effective system within which the 
appropriate role of the states has been considered, as well as how the 
federal and state roles can be better harmonized. Without effective 
communication between FCC and state regulators, FCC may not be able to 
ensure such focus and clear delineation of the federal and state roles. 

Without written policies and procedures for how FCC communicates with 
states about wireless phone service oversight, FCC may be missing 
opportunities to work with its state partners in conducting oversight, 
such as sharing complaint data that could be used for monitoring 
trends. This lack of communication may also limit FCC's awareness of 
issues the states are encountering in their oversight of wireless 
carriers. Additionally, without clear awareness of state-level efforts, 
FCC may not be aware of inconsistencies among state oversight efforts 
that could indicate a need for changes in its regulations. 

Conclusions: 

Although the percentages of consumers dissatisfied with various aspects 
of their wireless phone service are small, these small percentages 
represent millions of people. By emphasizing its responsibility under 
the law to foster a competitive marketplace for wireless service, FCC 
has contributed to the industry's growth and to innovative products and 
services that have benefited consumers. Nevertheless, FCC's 
responsibility to protect consumers from harm remains critical, 
particularly given the growing numbers of wireless service consumers 
and the limited number of requirements governing key aspects of service 
that are currently of concern to consumers. 

FCC's processing of consumers' informal complaints may be an important 
means for dissatisfied consumers to get help, but as long as FCC lacks 
clear outcome-related goals and measures for this process, consumers do 
not know what they can expect from it, and FCC cannot demonstrate its 
effectiveness in assisting consumers who need help. While most states 
accept wireless consumer complaints, many do not work with the carrier 
and the consumer to resolve those complaints, making FCC's efforts an 
important resource for consumers in those states that do not accept or 
work to resolve complaints. However, if, as our survey of wireless 
users suggests, most consumers are not aware they can complain to FCC, 
those with problems may not know how to seek a fair resolution. 
Furthermore, without policies and procedures to monitor consumers' 
concerns and thereby identify problems that may warrant regulatory or 
enforcement action, the FCC cannot ensure that consumers are adequately 
protected under the competitive deregulatory framework the agency has 
fostered. 

Finally, without clear guidance for states on the extent of their 
regulatory authority under federal law, or policies and procedures for 
how to communicate with states about wireless phone service oversight, 
FCC could be missing opportunities to partner with state agencies in 
developing an effective regulatory system. The lack of clarity about 
states' authority may discourage some states from taking action to 
protect consumers. While FCC does have efforts to assist consumers, 
leveraging state resources by clarifying state authority would better 
ensure that identified problems can be addressed effectively at either 
the state or the federal level. Additionally, policies and procedures 
to guide how FCC and the states communicate would help ensure that FCC 
and the states are sharing information to guide their oversight. 
Improved communication between FCC and state regulators could help both 
parties ensure they are providing effective oversight with a systemwide 
focus and clearer roles enabling them to better identify trends in 
complaints and emerging consumer concerns that may warrant changes in 
regulation. 

Recommendations for Executive Action: 

We are making the following five recommendations to the Chairman of the 
Federal Communications Commission: 

To improve the effectiveness and accountability of FCC's efforts to 
oversee wireless phone service, direct the commission to: 

1. clearly inform consumers that they may complain to FCC about 
problems with wireless phone service and what they can expect as 
potential outcomes from this process, and expand FCC's outreach to 
consumers about these efforts; 

2. develop goals and related measures for FCC's informal complaint- 
handing efforts that clearly articulate intended outcomes and address 
important dimensions of performance; and: 

3. develop and implement policies and procedures for conducting 
documented monitoring and analysis of consumer complaints in order to 
help the agency identify trends and emerging issues and determine 
whether carriers are complying with existing rules or whether new rules 
may be needed to protect consumers. 

To better ensure a systemwide focus in providing oversight of wireless 
phone service and improve FCC's partnership with state agencies that 
also oversee this service, direct the commission to: 

4. develop and issue guidance delineating federal and state authority 
to regulate wireless phone service, including pulling together prior 
rulings on this issue; addressing the related open proceedings on truth-
in-billing and early termination fees; and, if needed, seeking 
appropriate statutory authority from Congress; and: 

5. develop and implement policies and procedures for communicating with 
states about wireless phone service oversight. 

Agency Comments: 

We provided a draft of this report to FCC for its review and comment. 
FCC provided written comments, which appear in appendix V. FCC agreed 
with our recommendation on monitoring and had no position on the 
others, but noted it has started to take steps to address the issues we 
raise in our report. In particular, FCC noted that its August 2009 
notice of inquiry sought comment on a number of issues related to the 
findings and recommendations in this report.[Footnote 81] The agency 
views this action as the first step in implementing several of the 
report's recommendations. 

Regarding clearly informing consumers about its complaint process and 
expanding outreach to consumers, FCC noted that its notice of inquiry 
sought comment on whether the agency should take measures to ensure 
that consumers are aware of its complaint process. Additionally, FCC 
noted that it intends to do more to better inform consumers of its 
services to assist consumers, including making it clear that consumers 
can request that FCC mediate with their carrier on their behalf. 
Regarding developing goals and measures that clearly articulate the 
intended outcomes of its complaint-handling efforts, FCC noted that it 
already has some performance measures for these efforts and, that since 
the outcome of each complaint varies depending on its particular 
circumstances, the appropriate performance measures for this effort 
should measure its procedural aspects rather than its substantive 
outcomes. We note, however, that as we indicated in this report, it is 
not clear to consumers what they can expect from FCC's complaint 
process. Articulating the intended outcome of this process--whether it 
be to help consumers resolve their problems, facilitate communication 
between carriers and consumers, or both--would provide consumers with a 
better understanding of the purpose of this effort, as well as help the 
agency better demonstrate results. Regarding our recommendation to 
develop and implement documented monitoring of its consumer complaints, 
FCC noted that it has been working to make improvements to its 
complaint database, including its analytical tools, which will 
facilitate such monitoring. 

Regarding the development of guidance delineating federal and state 
authority to regulate wireless phone service, FCC noted that, in 
response to its August 2009 notice of inquiry, the agency is currently 
updating the public record regarding its truth-in-billing rules and 
carriers' early termination fees, and expects to use this as the basis 
for potential federal regulatory action, which could include 
delineating areas within the states' authority that the record 
indicates should be addressed. Regarding policies and procedures for 
communicating with states about wireless phone service oversight, FCC 
noted that it is always looking for new and better ways to communicate 
with its state partners and that its recent notice of inquiry also asks 
whether FCC can take further action to reach out to state, as well as 
federal, local, and tribal government entities. 

We also provided FCC a draft of this report's related e-supplement, GAO-
10-35SP, containing additional results of our surveys of consumers and 
state utility commissions. FCC indicated it did not have any comments 
in response to the e-supplement. 

As we agreed with your offices, unless you publicly announce the 
contents of this report earlier, we plan no further distribution of it 
until 30 days from the date of this letter. In addition, the report 
will be available at no charge on the GAO Web site at [hyperlink, 
http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-2834 or goldsteinm@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. Contact information and major 
contributors to this report are listed in appendix VI. 

Signed by: 

Mark L. Goldstein: 
Director, Physical Infrastructure Issues: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

This report examines (1) consumers' satisfaction with wireless phone 
service and problems they have experienced with this service, as well 
as the industry's response to these problems; (2) the Federal 
Communication Commission's (FCC) efforts to oversee services provided 
by wireless phone service carriers; and (3) state utility commissions' 
efforts to oversee services provided by wireless phone service 
carriers. 

To respond to the overall objectives of this report, we interviewed FCC 
officials and reviewed documents obtained from the agency. We also 
reviewed relevant laws and FCC regulations. Additionally we interviewed 
individuals representing consumer organizations, state agencies, and 
the industry to obtain their views on wireless phone service consumer 
concerns and oversight efforts. Table 4 lists the organizations with 
whom we spoke. 

To obtain information about consumers' satisfaction with wireless phone 
service and problems they have experienced with this service, we 
conducted a telephone survey of the U.S. adult population of wireless 
phone service users. Our aim was to produce nationally representative 
estimates of adult wireless phone service users' (1) satisfaction with 
wireless service overall and with specific aspects of service, 
including billing, terms of service, carriers' explanation of key 
aspects of service, call quality and coverage, and customer service; 
(2) frequency of problems with billing and call quality; (3) desire to 
switch carriers and barriers to switching; and (4) knowledge of where 
to complain about problems. Percentage estimates have a margin of error 
of less than 5 percentage points, unless otherwise noted. We conducted 
this survey of the American public from February 23, 2009, through 
April 5, 2009. A total of 1,143 completed interviews were collected, 
and calls were made to all 50 states. Our sampling approach included 
randomly contacting potential respondents using both landline and cell 
phone telephone numbers. Using these two sampling frames provided us 
with a more comprehensive coverage of adult cell phone users than if we 
had sampled from only one frame. 

Because we followed a probability procedure based on random selections, 
our sample is only one of a large number of samples that we might have 
drawn. Since each sample could have provided different estimates, we 
express our confidence in the precision of our particular sample's 
results as a 95 percent confidence interval. This is the interval that 
would contain the actual population value for 95 percent of the samples 
we could have drawn. As a result, we are 95 percent confident that each 
of the confidence intervals in this report will include the true values 
in the study population. Each sampled adult was subsequently weighted 
in the analysis to account statistically for all of the adult cell 
phone users of the population. The final weight applied to each 
responding adult cell phone user included an adjustment for the overlap 
in the two sampling frames, a raking adjustment to align the weighted 
sample to the known population distributions from the 2009 supplement 
of the U.S. Census Bureau's Current Population Survey and the Centers 
for Disease Control and Prevention's 2008 National Health Interview 
Survey, and an expansion weight to ensure the total number of weighted 
adults represent an estimated adult population eligible for this study. 
[Footnote 82] 

We conducted an analysis of the final weighted estimates from our 
survey designed to identify whether our results contain a significant 
level of bias because our results inherently do not reflect the 
experiences of those who did not respond to our survey--i.e., a 
nonresponse bias analysis. We compared unadjusted weighted estimates 
and final, nonresponse-adjusted weighted estimates of the proportion of 
U.S. adults' cell phone usage to similar population estimates from the 
2008 National Health Interview Survey, which also includes questions 
about household telephones and whether anyone in the household has a 
wireless phone. While we identified evidence of potential bias in the 
unadjusted weighted estimate, the final weighting adjustments appear to 
address this potential bias, and we did not observe the same level of 
bias when examining the final weighted estimates. Based on these 
findings, we chose to include final weighted estimates at the national 
level from our survey in the report. In addition, we identified all 
estimates in the report with margins of error that exceeded plus or 
minus 5 percentage points and we did not publish estimates with a 
margin of error greater than plus or minus 9 percentage points. 

Telephone surveys require assumptions about the disposition of 
noncontacted sample households that meet certain standards. These 
assumptions affect the response rate calculation. For this survey the 
response rate was calculated using the American Association of Public 
Opinion Research (AAPOR) Response Rate 3, which includes a set of 
assumptions.[Footnote 83] Based on these assumptions, the response rate 
for the survey was 32 percent; however, the response rate could have 
been lower if different assumptions had been made and might also be 
different if calculated using a different method. We used random digit 
dial (RDD) sampling frames that include both listed and unlisted 
landline numbers from working blocks of numbers in the United States. 
The RDD sampling frame approach cannot provide any coverage of the 
increasing number of cell-phone-only households and limited coverage of 
cell-phone-mostly households (i.e., households that receive most of 
their calls on cell phones in spite of having a landline). Because of 
the importance of reaching such households for this survey about 
wireless phone service, we also used an RDD cell phone sampling frame. 
The RDD cell phone sampling frame was randomly generated from blocks of 
phone numbers that are dedicated to cellular service. About 43 percent 
of the completed interviews were from the RDD cell phone sample. 

Because many households contain more than one potential respondent, 
obtaining an unbiased sample from an RDD frame of landline numbers 
requires interviewing a randomly selected respondent from among all 
potential respondents within the sampled household (as opposed to 
always interviewing the individual who initially answers the phone). We 
obtained an unbiased sample by using the most recent birthday method, 
in which the interviewer asks to speak to the household member aged 18 
or older with a wireless phone who had the most recent birthday. If the 
respondent who was identified as the member of the household with the 
most recent birthday was unavailable to talk and asked to schedule a 
callback, the call representative recorded the person's name and 
preferred telephone number for the callback. There were also cases when 
a respondent from the cell phone sample asked to be called back on his 
or her landline. These respondents, if they completed the survey, were 
considered a completed interview from the cell phone sample. There were 
no respondent selection criteria for the cell phone sample; each number 
dialed from the cell phone sample was assumed to be a cell phone 
number, and each cell phone was assumed to have only one possible 
respondent to contact. 

The results of this survey reflect wireless phone users' experience 
with their current or most recent wireless phone service from the 
beginning of 2008 through the time they were surveyed. Not all 
questions were asked of all respondents. For example, questions about 
the prevalence of billing problems were asked only of respondents who 
indicated they were solely or jointly responsible for paying for their 
service. Additionally, satisfaction with wireless coverage for 
particular locations (i.e. at home, at work, and in a vehicle) was 
calculated only among respondents who indicated they used their 
wireless phone service in those locations. The survey and a more 
complete tabulation of the results can be viewed by accessing GAO-10-
35SP. 

To identify the type and nature of problems consumers have experienced 
in recent years with their wireless phone service, we interviewed 
officials from FCC, consumer organizations, national organizations that 
represent state agency officials, and state agency officials from three 
selected states--California, Nebraska, and West Virginia--representing 
utility commissions, offices of consumer advocates, and offices of 
attorneys general (see table 4). We selected these states based on 
their varying geography, populations, region, and approaches to 
overseeing wireless phone service, as indicated in part by information 
obtained from national organizations representing state agency 
officials. We also interviewed officials from the four major wireless 
carriers, two selected smaller carriers that serve mostly rural areas, 
and wireless industry associations. In addition, we reviewed documents 
obtained from some of these sources. We also analyzed FCC's wireless 
complaint data on complaints received from 2004 through 2008. We 
reviewed FCC's processes for generating these data and checked the data 
for errors and inconsistencies. We determined that the data were 
sufficiently reliable for the purposes of this review. We also obtained 
the total number of wireless complaints received in 2008 by the 21 
state utility commissions that record and track wireless phone service 
consumer complaints. While we did not assess the reliability of the 
state complaint data, we are providing the numbers of complaints states 
reported receiving for illustrative purposes. 

To identify major actions the industry has taken in recent years to 
address consumers' concerns, we interviewed the industry organizations 
named above and reviewed related documentation (see table 4). We also 
requested service quality information from the four major carriers, 
including measures of network performance and the number and types of 
customer complaints. Carriers told us that this information is 
proprietary and sensitive, and as we did not obtain comparable 
information from all four carriers, we were not able to present any 
aggregate information based on these data. Additionally, we interviewed 
consumer, state, and federal stakeholders about the effectiveness of 
industry efforts to address consumers' concerns (see table 4). 

To evaluate how FCC oversees wireless phone service, including the 
agency's efforts to process complaints, monitor sources of information 
to inform policy decisions, and create and enforce rules, we 
interviewed FCC officials about these activities and reviewed related 
documentation obtained from these officials. We also reviewed relevant 
laws, regulations, and procedures, as well as FCC's quarterly complaint 
reports, strategic plan, and budget with performance goals and 
measures. In addition, we reviewed requirements of the Government 
Performance and Results Act of 1993 and our prior recommendations on 
performance goals and measures and determined whether FCC's efforts to 
measure the performance of its efforts to process consumer complaints 
are consistent with these requirements and recommendations. We also 
interviewed consumer, state, and industry stakeholders about their 
views on FCC's efforts to provide oversight (see table 4). We focused 
our review on FCC's oversight of wireless phone service issues that 
have been major areas of concern for consumers in recent years, 
specifically targeting consumer protection efforts and those actions 
related to how wireless carriers interact with and serve their 
customers. We did not assess how FCC oversees a number of other facets 
of the wireless industry, including competition, spectrum allocation, 
licensing, construction, technical issues such as interference, public 
safety, or the agency's obligations under the Telephone Consumer 
Protection Act and the Controlling the Assault of Non-Solicited 
Pornography and Marketing Act. 

To describe state utility commissions' efforts to oversee wireless 
phone service, we surveyed commissions in all 50 states and the 
District of Columbia. We conducted this survey from March 3, 2009, 
through April 1, 2009. We received responses from all 51 commissions, 
which we obtained through a Web-based survey we administered and 
subsequent follow-up with some states. The survey and a more complete 
tabulation of the results can be viewed by accessing GAO-10-35SP. To 
obtain illustrative information about these issues, we interviewed 
state officials in public utility commissions, consumer advocate 
offices, and offices of attorneys general in three selected states 
(California, Nebraska, and West Virginia). Although we met with the 
offices of the state attorneys general in the three selected states and 
a national organization representing state attorneys general, we did 
not attempt to assess the full breadth of involvement of state 
attorneys general in addressing wireless phone service consumer 
concerns. 

Table 4: Organizations Interviewed: 

National consumer organizations: 

AARP:
Consumers Union:
Council of Better Business Bureaus: 

State consumer organizations: 

Consumer Action (California):
The Utility Reform Network (California): 

Wireless phone service carriers: 

AT&T:
nTelos[A]:
Sprint:
T-Mobile:
Verizon:
Viaero[A]: 

Wireless industry associations: 

CTIA-The Wireless Industry:
PCIA-The Wireless Infrastructure Association:
Rural Cellular Association: 

State agency associations: 

National Association of Attorneys General:
National Association of Regulatory Utility Commissioners:
National Association of State Utility Consumer Advocates: 

State agencies: 
California Office of the Attorney General:
California Public Utility Commission[B]:
Nebraska Office of the Attorney General:
Nebraska Public Service Commission[B]:
West Virginia Office of the Attorney General:
West Virginia Public Service Commission[B]: 

Source: GAO interviews. 

[A] We selected the two rural carriers, nTelos and Viaero, because they 
operated in two of our selected states and were referred to us by state 
officials we interviewed in these two states. 

[B] At the three state utility commissions, we met with officials 
responsible for regulatory issues, consumer assistance, and consumer 
advocacy. 

[End of table] 

[End of section] 

Appendix II: Analysis of FCC Wireless Consumer Complaint Data: 

Overall, the number of informal consumer complaints FCC has received 
about the service provided by wireless phone carriers has decreased 
since 2004 (see table 5).[Footnote 84] FCC received 20,753 complaints 
about the service provided by wireless phone carriers in 2008, the 
second-lowest total since 2004. 

Table 5: Consumer Complaints FCC Received about Services Provided by 
Wireless Phone Service Carriers from 2004 through 2008[A]: 

Complaint category: Billing and rates[B]; 
2004: 15,415; 
2005: 13,309; 
2006: 7,517; 
2007: 9,156; 
2008: 9,588; 
Total (percent of total): 54,985 (43%). 

Complaint category: Call quality[C]; 
2004: 3,131; 
2005: 3,932; 
2006: 2,116; 
2007: 2,612; 
2008: 2,476; 
Total (percent of total): 14,267 (11). 

Complaint category: Contract early termination[D]; 
2004: 4,119; 
2005: 3,821; 
2006: 1,623; 
2007: 1,643; 
2008: 2,105; 
Total (percent of total): 13,311 (10). 

Complaint category: Customer service[E]; 
2004: 2,038; 
2005: 3,472; 
2006: 2,176; 
2007: 3,602; 
2008: 472; 
Total (percent of total): 11,760 (9). 

Complaint category: Carrier marketing and advertising[F]; 
2004: 3,167; 
2005: 3,008; 
2006: 1,575; 
2007: 1,478; 
2008: 1,139; 
Total (percent of total): 10,367 (8). 

Complaint category: Number portability[G]; 
2004: 4,962; 
2005: 838; 
2006: 379; 
2007: 483; 
2008: 605; 
Total (percent of total): 7,267 (6). 

Complaint category: Equipment; 
2004: 1,366; 
2005: 1,610; 
2006: 978; 
2007: 1,111; 
2008: 1,300; 
Total (percent of total): 6,365 (5). 

Complaint category: Other[H]; 
2004: 1,190; 
2005: 1,399; 
2006: 1,040; 
2007: 2,053; 
2008: 3,068; 
Total (percent of total): 8,750 (7). 

Complaint category: Total; 
2004: 35,388; 
2005: 31,389; 
2006: 17,404; 
2007: 22,138; 
2008: 20,753; 
Total (percent of total): 127,072 (100%). 

Source: GAO analysis of FCC data. 

Note: Percentages may not sum to 100 because of rounding. 

[A] We analyzed FCC informal complaint data and excluded complaints 
unrelated to wireless phone service carriers, including nonwireless 
complaints that FCC categorized as wireless complaints and complaints 
about unsolicited telemarketing. FCC reported receiving more than 
42,000 wireless complaints about unsolicited telemarketing in 2008. 

[B] FCC's billing and rates category includes complaints about credits, 
adjustments, and refunds; line-item charges such as taxes and 
surcharges; charges for time spent talking on the phone; and service 
plan rates, among other issues. FCC also receives complaints about 
unauthorized or misleading charges, which we included with complaints 
about billing and rates in our analysis. 

[C] FCC defines wireless "service related" complaints as including 
complaints about lack of coverage, telephone reception, and specific 
problems such as dead spots, dropped calls, and busy signals due to 
network congestion. We refer to these issues as "call quality." 

[D] Includes complaints about termination of wireless phone service by 
the consumer or by the carrier. 

[E] Although FCC has not specifically identified customer service 
complaints in its quarterly reports of informal complaints from 2004 
through 2008, FCC does have categories for such complaints in its data. 

[F] According to FCC, carrier marketing and advertising complaints have 
to do with marketing and advertising practices of wireless phone 
service providers that include alleged misrepresentations. 

[G] FCC promulgated rules in 2002 allowing customers to keep their 
phone numbers when switching between wireless carriers or between 
landline and wireless services. Carriers serving larger cities were 
required to implement the rules in 2003, and other carriers were 
required to do so in 2004. 

[H] Our categorization of "other" complaints includes complaints FCC 
identified simply as "other," complaints of identity fraud, and 
complaints in several other categories such as referrals to government 
agencies and disability issues. 

[End of table] 

From our analysis of FCC data on complaints about the service provided 
by wireless phone carriers from 2004 through 2008, we identified 
specific problem areas that complaints cited within the major complaint 
categories: 

* Billing and rates: Within this category, specific issues consumers 
complained about included problems obtaining credits, refunds, or 
adjustments to their bills; charges for minutes talking on a wireless 
phone; recurring charges on their bills; rates; and unauthorized or 
misleading charges. Of the nearly 55,000 billing complaints FCC 
received during this period, there were 28,000 focused on obtaining 
credits, refunds, or billing adjustments. FCC also received almost 
9,000 billing complaints about charges for minutes talking on a 
wireless phone. Additionally, there were more than 5,500 complaints 
about recurring charges on consumers' bills and more than 5,500 
complaints about the rates they received from their wireless service 
providers. Finally, our analysis of FCC's data identified more than 
2,100 wireless complaints concerning unauthorized, misleading, or 
deceptive charges (known as "cramming"). 

* Call quality: Within this category, the majority of consumers 
complained about three issue areas: the quality of wireless phone 
service in their local service area, the premature termination of calls 
(i.e., "dropped calls"), and the inability to use their wireless phone 
because of service interruption by wireless phone service providers. 
Specifically, of the more than 14,000 call quality complaints FCC 
received during this period, more than 7,300 were about the quality of 
wireless phone service in the local service area. FCC: 

* also received more than 3,200 complaints about dropped calls and more 
than 2,000 complaints about interruption of service by wireless service 
providers. 

* Contract early termination: This category includes termination of 
wireless phone service by the consumer or by the carrier. Nearly 
12,000, or just under 90 percent, of all terms-of-service contract 
complaints FCC received were about termination by consumers prior to 
the end of a specified contract term, which would result in an early 
termination fee. 

* Customer service: Customer service complaints were the fourth largest 
category of complaints; however, FCC did not report customer service 
complaints as a top category of complaints in its quarterly reports 
from 2004 through 2008. In comparison, FCC identified carrier marketing 
and advertising as a top category of complaint in each year from 2004 
through 2008, even though there were more customer service complaints 
in 2005, 2006, and 2007. An FCC official told us they did not include 
customer service complaints in the quarterly reports because they fell 
within the "other" category, which FCC does not report. FCC also 
indicated that the large decrease in the number of customer service 
complaints from more than 3,500 in 2007 to fewer than 500 in 2008 was 
due in part to the agency's redesign of its complaint forms, which 
allows for more accurate coding of complaints under specific topics 
rather than placing them in the "service treatment" category FCC uses 
to track customer service issues. 

[End of section] 

Appendix III: Industry Actions to Address Wireless Consumer Concerns: 

The wireless phone service industry has taken some actions to address 
the types of consumer concerns we identified. Specifically, in 2003, 
the industry adopted a voluntary code, and since then, carriers have 
taken other measures. Table 6 outlines how elements of the industry 
code and examples of subsequent major actions we identified among the 
four largest carriers correspond to the key areas of consumer concern 
we identified. 

Table 6: Industry Actions in Response to Key Areas of Consumer Concern: 

Key area: Billing; 
Nature of concerns: 
* Complexity of billing statements leads to lack of consumer 
understanding; 
* Bills contain unexpected charges and errors; 
2003 industry code requirements[A]: 
* Separate charges for service retained by the carrier from taxes and 
fees remitted to government entities; 
Examples of recent actions reported by some or all major carriers[B]: 
* Provided customers with a draft bill or an estimate of their first 
bill when they sign up for service. Redesigned their bills to make them 
easier to understand. 

Key area: Terms of service contract or agreement; 
Nature of concerns: 
* Consumers are subject to early termination fees, regardless of their 
reason for wanting to terminate service, effectively locking consumers 
into their contracts; 
* Consumers are not given enough time to try out their service before 
having to commit to the contract; 
* Carriers extend contracts when consumers request service changes; 
2003 industry code requirements[A]: 
* Provide a 14-day period for consumers to try out service; 
* Confirm terms and conditions with a customer who agrees to a change 
in service that is bound by a contract extension; 
* Do not modify the material terms of contracts in a materially adverse 
manner without providing advance notice and allowing subscribers 14 
days to cancel with no early termination fee; 
Examples of recent actions reported by some or all major carriers[B]: 
* Implemented policies to prorate early termination fees; 
* Offered noncontract options without early termination fees, such as 
prepaid or month-to-month plans; 
* Allowed 30 days to try out service, during which time customers may 
cancel without paying an early termination fee (one carrier provided 30 
days only in California and 20 days elsewhere); 
* Stopped extending contracts for some service changes. 

Key area: Explanation of service; 
Nature of concerns: 
* Key aspects of service, such as rates and coverage, are not clearly 
explained to consumers at the point of sale (when they sign up for the 
service); 
2003 industry code requirements[A]: 
* Disclose at the point of sale and on the carrier's Web site 
information about rates and fees (including for initiation and early 
termination) and provide maps depicting where service is generally 
available, and provide contract terms; 
* Agree to provide specific disclosures in advertising; 
Examples of recent actions reported by some or all major carriers[B]: 
* Provided written explanations of service terms at the point of sale; 
* Redesigned statement outlining service terms and conditions to make 
it easier to understand; 
* Developed Web-based map tools that allow customers to research where 
coverage is available. 

Key area: Call quality; 
Nature of concerns: 
* Consumers experience dropped or blocked calls, as well as noise on 
calls that makes hearing calls difficult; 
* Consumers experience poor coverage, which in rural areas may be the 
result of lack of infrastructure and in urban areas stems from lack of 
capacity for peak call volumes; 
2003 industry code requirements[A]: 
* No specific requirement other than to provide maps depicting service 
coverage; 
Examples of recent actions reported by some or all major carriers[B]: 
* Spent billions of dollars on network infrastructure in recent 
years[C]; 
* Used information from network testing and feedback from consumers to 
inform decisions about upgrading wireless networks to improve coverage. 

Key area: Customer service; 
Nature of concerns: 
* Consumers experience problems such as long waits, ineffective 
assistance, and insufficient resolution to problems; 
2003 industry code requirements[A]: 
* Provide customers with contact information for ready access to 
customer service; 
* Respond to complaints forwarded by state or federal agencies within 
30 days; 
Examples of recent actions reported by some or all major carriers[B]: 
* Implemented specific initiatives to improve the performance of their 
customer service representatives. 

Source: GAO analysis. 

[A] Carriers that sign this voluntary code agree to abide by these 
requirements. Carriers submit information annually to CTIA-The Wireless 
Association to demonstrate compliance with the code. Association 
representatives told us that they review these materials internally to 
check compliance. 

[B] Although we interviewed the four major carriers (AT&T, Sprint, T- 
Mobile, and Verizon), we could not determine the full extent to which 
they have taken these actions because we could not obtain complete 
documentation from all of the carriers to confirm actions discussed. 

[C] According to CTIA-The Wireless Association, the wireless industry 
spent an average of $24 billion annually between 2001 and 2007 on 
infrastructure and equipment to improve call quality and coverage. 

[End of table] 

[End of section] 

Appendix IV: Examples of Actions Taken by FCC and Courts Regarding 
States' Authority to Regulate Wireless Phone Service: 

Federal law provides that while a state may not regulate a wireless 
carrier's rates or entry, it may regulate the other terms and 
conditions of wireless phone service. Section 332(c)(3)(A) of title 47 
of the U.S. Code does not define what constitutes rate and entry 
regulation or what comprises other terms and conditions of wireless 
phone service.[Footnote 85] This has left it up to FCC and courts to 
further define which specific aspects of service fall within the scope 
of these respective terms. Recently, two areas have garnered much 
attention at FCC and in the courts--the ability of states to regulate 
billing line items and the imposition of early termination fees. 
However, clarity has not yet been achieved. 

Billing Line Items: 

One area of disagreement is whether billing line items, such as 
surcharges and taxes that appear on consumers' wireless bills, should 
be considered a rate or a term and condition of service. In 2005, under 
its truth-in-billing proceeding, FCC held that state regulations 
requiring or prohibiting the use of line items for wireless carriers 
constituted rate regulation and therefore were preempted.[Footnote 86] 
In the same proceeding, FCC solicited comments on the proper boundaries 
of "other terms and conditions" within the statute and asked commenters 
to delineate what they believe should be the relative roles of FCC and 
the states in defining carriers' proper billing practices. The National 
Association of State Utility Consumer Advocates challenged FCC's 
preemption finding in court, and the United States Court of Appeals for 
the Eleventh Circuit (Eleventh Circuit) found that FCC had exceeded its 
authority.[Footnote 87] Specifically, the court found that the 
presentation of a line item on a bill is not a "charge or payment" for 
service, but rather falls within the definition of "other terms and 
conditions" that states may regulate. 

Subsequent to the Eleventh Circuit's ruling, the Western District Court 
of Washington rejected the Eleventh Circuit's analysis and concluded 
that FCC did not exceed its statutory authority when it preempted line- 
item regulation and that line items are charges.[Footnote 88] However, 
the United States Court of Appeals for the Ninth Circuit (Ninth 
Circuit) reversed the district court, finding that the Eleventh Circuit 
decision is binding outside of the Eleventh Circuit.[Footnote 89] 
Furthermore, the Ninth Circuit stated that it agreed with the Eleventh 
Circuit's determination that how line items are displayed or presented 
on wireless consumers' bills does not fall within the definition of 
"rates." 

FCC has not responded to these court decisions, nor has FCC concluded 
its truth-in-billing proceeding. While FCC has received comments on its 
2005 truth-in-billing proposal, it has taken no further action in this 
proceeding. Accordingly, the issue of how states may regulate billing 
line items remains unclear. In August 2009, as part of its effort to 
seek comment on a number of telecommunications consumer issues, FCC 
sought comment on the effectiveness of its truth-in-billing rules and 
whether changes in these rules are needed.[Footnote 90] 

Early Termination Fees: 

Early termination fees are another area where the distinction between 
"rates" and "terms and conditions" is not clear. Wireless carriers 
routinely offer customers discounts on cell phones in exchange for the 
customer's commitment to a 1-or 2-year contract. If the contract is 
canceled before the end of the contract term, the customer is generally 
charged a fee, commonly referred to as an early termination fee. 

The Western District Court of Washington, in recently considering an 
early termination fees case, noted that it is not clear whether a 
wireless service carrier's early termination fees are within the 
preemptive scope of "rates charged" under the statute. The court noted 
that federal courts that have considered the matter appear to be split 
on the issue, citing the examples of a district court that found early 
termination fees to fall under "terms and conditions" and another 
district court that found them to be "rates charged."[Footnote 91] 
Because of the ongoing FCC efforts in this area, the Western District 
Court of Washington halted its proceeding pending a determination from 
FCC about this issue.[Footnote 92] 

In 2005, FCC was drawn into this debate at the request of a South 
Carolina court. In February 2005, SunCom, a wireless carrier, at the 
request of the court, filed a petition with FCC on whether early 
termination fees are rates charged.[Footnote 93] In May 2005, FCC 
released a public notice seeking comments on this matter.[Footnote 94] 
Subsequently, the parties to the litigation entered into a settlement 
agreement and jointly requested that FCC dismiss the matter without 
further review.[Footnote 95] FCC issued an order terminating the 
proceeding; however, the agency noted that it had a similar petition 
under review that it intended to address "in the near future."[Footnote 
96] The similar petition was filed by CTIA-The Wireless Association in 
March 2005, asking for an "expedited" ruling on whether early 
termination fees are rates.[Footnote 97] FCC sought comments on the 
matter from interested parties, who have submitted over 37,000 filings 
in this proceeding. 

In view of the growing concern over early termination fees and the 
number of complaints that FCC receives from consumers on this issue, 
FCC held a hearing in June 2008. At this hearing, expert panelists 
testified on the use of early termination fees by communications 
service providers. A year after the hearing, CTIA-The Wireless 
Association notified FCC that it was withdrawing its petition, citing 
the evolution of the competitive wireless marketplace as a reason for 
its withdrawal.[Footnote 98] However, the National Association of State 
Utility Consumer Advocates, the National Consumer Law Center, U.S. 
Public Interest Research Group, and Consumers Union filed a joint 
response in opposition to the petition's withdrawal, arguing that a 
ruling from FCC would help clarify this issue and help resolve some 
pending lawsuits about it. FCC has not responded to CTIA-The Wireless 
Association's notice or the consumer advocates' joint response. Thus, 
this is another area that remains unresolved. 

[End of section] 

Appendix V: Comments from the Federal Communications Commission: 

Federal Communications Commission: 
Washington, D.C. 20554: 

Mark L. Goldstein: 
Director, Physical Infrastructure Issues: 
United States Government Accountability Office: 
Washington, D.C. 20548: 

Re: GAO 10-34: 

Dear Mr. Goldstein: 

Thank you for the opportunity to review and comment on the Government 
Accountability Office (GAO) Report, FCC Needs to Improve Oversight of 
Wireless Phone Service (the Report). This letter responds to the 
recommendations in the Report and describes the recent steps the 
Commission has taken to improve wireless consumers' experience. 

Over the past several months, the Commission has begun work to address 
many of the very concerns raised in the GAO Report. In launching three 
broad, interrelated proceedings in late August, the Commission has 
initiated action critical to a well-considered and data-driven process 
for improving its regulation of wireless telephone services in a manner 
that will most effectively serve the public interest. To this end, the 
Commission has begun a sweeping review of the wireless market from 
three distinct vantage points — the flow of information to consumers, 
the state of competition Within and affecting the wireless industry, 
and the dynamics of innovation and investment. 

Thus, the Commission is taking appropriate steps to fashion any needed 
regulatory action for protecting consumer interests in a competitive, 
innovative, and, therefore, more complex world of consumer choice.
Of the three proceedings, the Consumer Information and Disclosure 
Notice of Inquiry (NOI)[Footnote 100] focuses most directly on the need 
for consumer protection regulation. It seeks comment on whether there 
are opportunities to protect and empower American consumers by ensuring 
sufficient access to relevant information about communications 
services. The inquiry asks for comment on whether the Commission's 2005 
Truth-in-Billing rules are still effective and about the consumer's 
experience with their communications services (including wireless 
service). Specifically, the Commission seeks comment on "how to provide 
consumers with better access to clear, easily understandable 
information they need to choose a provider, to choose a service plan, 
manage use of the service plan, and decide whether and when to switch 
to a different provider or plan."[Footnote 101] Although the Commission 
initiated the Consumer Information and Disclosure NOI before receiving 
the Report's recommendations, we nonetheless believe that the inquiry 
is the first step to effectively implementing several of the Report's 
recommendations. 

The second of the three proceedings is an NOI that seeks to enhance the 
Commission's analysis of competitive conditions in the mobile wireless 
market and to better understand the net effects on the American 
consumer.[Footnote 102] The inquiry is broader than previous 
congressional-mandated annual inquiries into the state of competition 
in the wireless market because it seeks input on an appropriate 
analytic framework and data sources, includes new markets not 
previously covered, and asks about the relationships among the market 
for wireless service and upstream and downstream markets. Finally, the 
Commission launched the third proceeding with the Wireless Innovation 
and Investment NOI,[Footnote 103] which seeks to identify concrete 
steps the Commission can take to support and encourage further 
innovation and investment in the wireless marketplace, which ultimately 
will benefit wireless service consumers. 

GAO Recommendations: 

The Report recommends that the Commission "clearly inform consumers 
that they may complain to FCC about problems with wireless phone 
service and what they can expect as potential outcomes from this 
process, and expand the FCC's outreach to consumers about these 
efforts." 

The Consumer Information and Disclosure NOI begins to address this 
issue by seeking comment on whether the Commission should take measures 
to ensure that consumers are aware of the complaint process at the FCC. 
[Footnote 104] In addition to seeking information about the 
Commission's complaint procedure, the Commission also seeks comment on 
whether it should consider modifying the truth-in-billing rules to make 
it easier for consumers to contact their service provider directly to 
file a complaint. For example, section 64.2401(d) of the Commission's 
rules currently requires telephone bills to display a toll-free number 
or numbers by which subscribers may inquire or dispute any charges on 
the bill.[Footnote 105] The Commission requests comment on whether it 
should also require service providers to include on their bills 
information about how to contact the provider via the Internet, or how 
to contact the Commission to file a complaint. 

The Consumer Information and Disclosure NOI also seeks input on 
consumer education initiatives that could assist consumers in gaining 
access to the information necessary at all stages of the purchasing 
process. In particular, the Commission seeks comment on whether 
existing FCC consumer publications are helpful to consumers by 
providing relevant factors to consider and questions to ask when 
choosing providers and service plans. 

The Commission shares the views expressed in the Report that consumers 
should be able to understand the services available to them and know 
where to turn if they have questions or complaints. As the Report 
notes, wireless consumer complaints to the Commission have risen, which 
may be attributable, at least in part, to the success the Commission 
has had informing consumers about the informal complaint process. 
[Footnote 106] In particular, the Commission recently redesigned its 
complaint form to make filing complaints easier for consumers. In 
addition, the Commission continues to offer consumers information on 
how to complain to the FCC on its website and on all fact sheets that 
are circulated widely at outreach events and conferences. However, the 
Commission can and will do more to better inform consumers of the 
services available to them at the Commission, including making it clear 
that FCC-sponsored mediation with the relevant carrier on the 
consumers' behalf is an option. And the Consumer Information and 
Disclosure NOI encourages commenters to provide suggestions on what, if 
any, outreach and educational activities the Commission might undertake 
to help consumers in the area of resolving disputes. 

The Report also recommends that the Commission "develop goals and 
related measures for the FCC's informal complaint-handling efforts that 
clearly articulate intended outcomes and address important dimensions 
of performance." The Commission has current performance measures 
requiring responses to 100 percent of non-Telephone Consumer Protection 
Act (TCPA) complaints within 30 days, and responding to consumers 
within 20 days of receiving junk fax and do-not-call complaints. While 
the Commission has thus established goals to ensure that the agency 
responds quickly to all informal complaints (and to track its success 
in these regards), the outcome of each complaint will turn on the 
specific facts involved and cannot be predetermined. Accordingly, the 
appropriate metrics of success in what is essentially a case by case 
complaint resolution process will measure the procedural aspects of the 
system (e.g., response times, percentages of complaints processed) 
rather than substantive outcomes like the number of adverse decisions 
rendered against carriers. As discussed below, however, the 
Commission's recent and ongoing efforts to improve its ability to 
compile, manage and analyze data about these cases will enable the 
agency to take a focused and methodical approach, based on hard facts, 
in directing its enforcement resources and establishing policy and 
goals. 

The Report recommends that the FCC "develop and implement policies and 
procedures for conducting documented monitoring and analysis of 
consumer complaints in order to help the agency identify trends and 
emerging issues and determine whether carriers are complying with 
existing rules or whether new rules may be needed to protect 
consumers." We agree with this recommendation and can report that the 
Commission has already taken concrete steps in this regard. 

First, the Commission launched an ambitious overhaul of its data 
management systems to centralize the storage and management of consumer 
complaints and aggregate data for analysis. Specifically, the 
Commission implemented in February of last year the Consumer Complaint 
Management System (CCMS). Using CCMS, the Commission can directly 
access complaint data through both an application interface and an 
enterprise reporting tool (Business Objects) and can then use the data 
for complaint trend analyses as well as for broad, complaint-based 
investigations. In contrast to the more limited capabilities of the 
previous complaint management system, these automated delivery methods 
provide significant efficiencies by eliminating the Commission's need 
to manually re-key or export complaints for broad data analyses. More 
importantly, CCMS also facilitates the reporting of various metrics 
associated with some complaint subject areas. Using the CCMS and 
Business Objects reporting tools, the Commission has already begun 
performing complex analyses to identify complaint trends showing the 
most problematic substantive subject areas and the most significant 
alleged violators within those subject areas. Such analyses then form 
the basis for recommended enforcement actions and can also inform 
discussions regarding the need for new or revised rules. The new system 
is expected to reduce the potential for errors and delays in action 
that may have occurred due to the prior manual processes. 

Second, the Commission is developing a second-generation complaint and 
tracking system that will provide added functionality. The next 
iteration of the complaint system will be launched as a module of the 
consolidated database, the Enforcement Bureau Activity Tracking System 
(EBATS). This improvement means that consumer complaints will be 
electronically delivered into EBATS. Consequently, the upgrade will 
provide the Commission with the ability to run targeted reports from a 
consolidated database about incoming complaint data, evaluate the time 
required to review complaints by substantive area, assist in the 
development and implementation of metrics, and automatically measure 
performance within those metrics. Based on the current schedule, the 
Commission anticipates deploying the first iteration of this module in 
the second quarter of fiscal year 2010. 

The Report further recommends that the Commission "develop and issue 
guidance delineating federal and state authority to regulate wireless 
phone service, including pulling together prior rulings on this issue; 
addressing the related open proceedings on truth-in-billing and early 
termination fees, and, if needed, seeking appropriate statutory 
authority from Congress." As noted above, the Consumer Information and 
Disclosure NOI asks whether the Truth-in-Billing rules are working and 
having the desired effect in making bills easier to understand. It 
further asks if any quantifiable data describes whether and to what 
extent consumers still find their bills confusing and whether carriers 
are complying with the requirements. In addition, the Commission asks 
questions about early termination fees—whether the carriers disclose 
them clearly, including whether and how they are prorated. We 
anticipate a comprehensive updated record on these issues and look 
forwarding to reviewing the filed comments to ensure that wireless 
subscribers are receiving adequate disclosure of rates and terms of 
service before they subscribe to communications services. At that 
point, the Commission will be positioned to propose the federal 
regulatory action within its authority that it concludes is necessary 
to best serve the public interest, to delineate areas
within the states' authority that the record indicates should be 
addressed, and to make any legislative recommendations that appear to 
be warranted. 

The Report recommends that the Commission "develop and implement 
policies and procedures for communicating with states about wireless 
phone service oversight." The Commission currently has several avenues 
in which it interacts and communicates with state commissions for the 
purposes of strengthening consumer protections in the communications 
marketplace, including the State National Action Plan (SNAP), the 
Intergovernmental Advisory Committee (IAC), and the National 
Association of Regulatory Utility Commissioners (NARUC). The Commission 
always looks for new and better ways to communicate with our state 
partners, and will continue to do so on wireless issues. For instance, 
the Consumer Information and Disclosure NOI asks whether the Commission 
can take further actions to reach out to other federal agencies, as 
well as state, local, and tribal governmental entities to help identify 
ways to educate consumers and better address consumer confusion about 
the issues discussed in the Inquiry.[Footnote 107] 

We appreciate GAO's thoughts and recommendations on our oversight of 
the wireless industry. We will be mindful of them as we move forward 
with policy initiatives and programs currently underway and as we craft 
new approaches to further protect American consumers of wireless phone 
service. 

Thank you for the opportunity to comment on the Report. 

Sincerely, 

Signed by: 

Steven VanRoekel: 
Managing Director: 

[End of section] 

Appendix VI: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Mark L. Goldstein, (202) 512-2834 or goldsteinm@gao.gov: 

Staff Acknowledgments: 

In addition to the individual named above, Judy Guilliams-Tapia, 
Assistant Director; Eli Albagli; James Ashley; Scott Behen; Nancy 
Boardman; Bess Eisenstadt; Andrew Huddleston; Eric Hudson; Mitchell 
Karpman; Josh Ormond; George Quinn; Ophelia Robinson; Kelly Rubin; 
Andrew Stavisky; and Mindi Weisenbloom made key contributions to this 
report. 

[End of section] 

Footnotes: 

[1] For the purposes of this report, the term "wireless phone service" 
includes the provision of such service by cellular, broadband personal 
communications service, and digital specialized mobile radio carriers. 
Federal law and FCC regulations refer to wireless phone service as 
"commercial mobile service" or "commercial mobile radio service." This 
service may generally be referred to as wireless phone service, mobile 
phone service, or cellular (or cell) phone service interchangeably. 
CTIA-The Wireless Association, a nonprofit organization representing 
wireless carriers and other sectors of the wireless communications 
industry, estimated that there were 270.3 million wireless phone 
service subscribers in the United States as of December 2008. Since 
1985, the association has surveyed its members semiannually about their 
subscriber numbers. 

[2] This estimate of the percentage of adults that use wireless phone 
service was developed by Mediamark Research & Intelligence, a consumer 
research firm, based on its estimate that there were about 189 million 
adult wireless phone service users in the continental United States as 
of June 2009--a figure that excludes users in Alaska and Hawaii. 

[3] Additionally, call quality--the ability to make and complete calls 
with good sound quality--has been a concern raised by some 
stakeholders. We examined this issue in 2003 and recommended that FCC 
include information about call quality in its annual report on 
competition in the wireless marketplace. FCC now includes this 
information. See GAO, Telecommunications: FCC Should Include Call 
Quality in Its Annual Report on Competition in Mobile Phone Services, 
[hyperlink, http://www.gao.gov/products/GAO-03-501] (Washington, D.C.: 
Apr. 28, 2003). 

[4] GAO, Telecommunications: Preliminary Observations about Consumer 
Satisfaction and Problems with Wireless Phone Service and FCC's Efforts 
to Assist Consumers with Complaints, [hyperlink, 
http://www.gao.gov/products/GAO-09-800T] (Washington, D.C.: June 17, 
2009). 

[5] 47 U.S.C. § 332(c). The Communications Act of 1934 created FCC and 
authorized it to regulate interstate telephone service. As amended in 
1993, federal law specifies that wireless phone service carriers are to 
be treated as common carriers under Title II of the act. A common 
carrier, such as a telephone company, provides communications services 
for hire to the public. 

[6] 47 C.F.R. § § 1.711-1.736. 

[7] The response rate was calculated as 32 percent using a method 
accepted by the survey research industry; however, since response rates 
can be calculated in other ways, the response rate could be different. 
We conducted an analysis to examine whether there could be a potential 
bias among users that did not respond to the survey and found no 
obvious levels of bias in the estimates we present in this report (see 
appendix I for more detailed information about the methodology we used 
in conducting our consumer survey). We use the terms "user" and 
"consumer" in our report. "User" refers specifically to the population 
sampled for our survey, while "consumer" is used more generally. 

[8] We selected these three states on the basis of their varying 
geographies, populations, regions, and approaches to providing wireless 
phone service oversight. 

[9] These estimates are based on a survey conducted by the Centers for 
Disease Control and Prevention's National Center for Health Statistics. 
The survey, which seeks to collect information on health issues, also 
includes questions about household telephones and whether anyone in the 
household has a wireless phone. S.J. Blumberg and J.V. Luke, Wireless 
substitution: Early release of estimates from the National Health 
Interview Survey, July-December 2008, a report for the Centers for 
Disease Control and Prevention, National Center for Health Statistics, 
Washington, D.C., May 6, 2009. 

[10] Annual Report and Analysis of Competitive Market Conditions with 
Respect to Commercial Mobile Service, Thirteenth Report, 24 FCC Rcd. 
6185 (2009). 

[11] 24 FCC Rcd. 6185 (2009). 

[12] 47 U.S.C. § 332(c). As noted previously, a common carrier, such as 
a telephone company, provides communications services for hire to the 
public. 

[13] 47 U.S.C. § 332(c)(3)(A). Preemption means that federal law 
supersedes state law. Federal law also provides that a state utility 
commission may not continue to apply or enforce any provision from 
which FCC has exempted carriers. See 47 U.S.C. § 160(e). 

[14] 47 U.S.C. § § 201, 202, and 208. Respectively, these provisions 
provide for service and interconnection upon reasonable request and 
terms, no unjust or unreasonable discrimination, and complaint 
procedures. 

[15] 47 U.S.C. § 160(a) authorizes FCC to exempt telecommunications 
carriers, including wireless carriers, from any of the provisions of 
the Communications Act of 1934 provided that doing so will enhance 
competition and the enforcement of such provisions is not necessary to 
protect consumers. 

[16] Personal Communications Industry Association's Broadband Personal 
Communications Services Alliance's Petition for Forbearance for 
Broadband Personal Communications Services, Memorandum Opinion and 
Order and Notice of Proposed Rulemaking, 13 FCC Rcd. 16857 (1998). 

[17] 47 C.F.R. § § 1.711-1.736. 

[18] Such high-cost areas include rural areas, where the cost of 
providing telecommunications services is higher than in urban areas. 
Universal service programs exist at both the federal and the state 
levels to support the provision of communications services to such 
underserved populations, including low-income individuals and those 
living in high-cost areas. 

[19] While state attorneys general may play a role in protecting 
wireless phone service consumers, we focused our review of state 
efforts on state utility commissions, since they are responsible for 
providing regulatory oversight, making their role similar to FCC's. 
While we met with some attorneys general, including their national 
association, we did not attempt to ascertain the full scope of their 
involvement. 

[20] Cingular Wireless LLC, Assurance of Voluntary Compliance, June 25, 
2004; Sprint Spectrum, L.P., Assurance of Voluntary Compliance, June 
25, 2004; and Cellco Partnership d/b/a Verizon Wireless, Assurance of 
Voluntary Compliance, June 25, 2004. 

[21] Estimates we present based on our consumer survey results have a 
margin of error of less than +/-5 percent unless otherwise noted. 

[22] The stakeholders we interviewed represent consumer organizations, 
state agencies in selected states, national organizations that 
represent state officials, wireless carriers, industry associations, 
and FCC. 

[23] Unsolicited telemarketing on wireless phones was also cited as a 
key area of consumer concern by the stakeholders we interviewed. 
Congress passed the Telephone Consumer Protection Act, as well as the 
Controlling the Assault of Non-Solicited Pornography and Marketing Act, 
to protect consumers against unsolicited telemarketing. Because such 
problems generally deal with telemarketers, not the services provided 
by wireless carriers, we did not include this issue within the scope of 
our review. However, from our survey, we estimate that unsolicited 
calls or text messages to users' wireless phones are not a problem at 
all for 48 percent of wireless phone users, a little problem for 24 
percent, somewhat of a problem for 10 percent, and a moderate or major 
problem for 17 percent. 

[24] We did not include advertising disclosures in our table of 
consumer concerns because few stakeholders mentioned this as a problem 
and it is not an aspect of the services carriers provide to users; 
however, we did include a question in our consumer survey about whether 
users believe that carriers truthfully and accurately disclosed 
information about their services in their advertising and marketing. We 
estimate that 48 percent of users believe that carriers disclose such 
information truthfully and accurately to a large or very large extent, 
while 28 percent believe they do so to a moderate extent and 13 percent 
to a small or no extent. About 11 percent had no opinion or no basis to 
judge. 

[25] We estimate that about 83 percent of wireless users are 
responsible for paying for their wireless phone service. Some users are 
not responsible for paying their bills, such as a user on a family plan 
paid for by another family member. Respondents were asked about the 
extent of such billing problems since the beginning of 2008. 

[26] We estimate that about 44 percent of wireless users contacted 
customer service about a problem during 2008 and early 2009. 

[27] We estimate that about 19 percent of wireless users wanted to 
switch carriers during 2008 and early 2009 but did not do so. The 42 
percent of these wireless phone users who wanted to switch but did not 
because of the early termination fee has a margin of error +/-7.4 
percent. Additionally, among the wireless users who did not indicate 
they were satisfied with the terms of their wireless phone service, we 
estimate that 25 percent were not satisfied because of early 
termination fees. Wireless users were asked about their satisfaction 
with the terms of their service in general, not specifically since the 
beginning of 2008. The margin of error for the estimate of wireless 
phone users that were not satisfied with the terms of their service 
because of early termination fees is +/-6.7 percent. 

[28] This analysis examined only FCC's informal complaints. FCC 
received over 125,000 informal consumer complaints from 2004 through 
2008 about wireless phone service provided by carriers. Additionally, 
FCC received complaints about unsolicited telemarketing--including over 
42,000 such complaints in 2008--however, we did not include complaints 
about telemarketing in our analysis, since they are not directly 
carrier-related. 

[29] "Quality of service" is a broad term that generally includes call 
quality, as well as coverage, and may also include other service issues 
such as customer service and the use of proprietary consumer data. 

[30] In our survey, we provided a list of categories and asked state 
commissions that track and record wireless consumer complaints to 
select the three categories with the most complaints in 2008. Besides 
the categories noted above, five commissions included disclosure of 
terms and conditions at the point of sale among the top three 
categories of complaints received, one commission indicated advertising 
disclosures, and seven commissions selected "other." 

[31] The information presented here represents a description of FCC's 
process for handling informal consumer complaints. The agency also has 
a formal complaint process, and consumers may file formal complaints if 
they are not satisfied with the results of filing an informal 
complaint. However, there is a cost for filing a formal complaint, the 
process for doing so is similar to a court proceeding, and this process 
is governed by specific rules about what information must be submitted. 
According to FCC, the formal complaint process is typically used by 
corporations, not consumers, and FCC has held one proceeding in 
response to a consumer's formal wireless complaint within the past 5 
years. 

[32] In addition to addressing informal complaints, FCC assists 
wireless consumers through outreach and education efforts, such as 
publishing fact sheets about wireless phone service issues and 
answering consumer inquiries. FCC reported receiving over 21,000 
wireless inquiries in 2008. 

[33] FCC's Web site and fact sheets suggest that consumers first 
contact their carrier, although they are not required to do so before 
filing a complaint. 

[34] According to FCC officials, a valid complaint that can be 
forwarded to a carrier must identify a particular carrier, allege harm, 
and seek relief. Carriers we interviewed told us they handle complaints 
forwarded from FCC and other government agencies separately from 
complaints from consumers that contact them directly. Likewise, FCC and 
the state utility commissions we interviewed told us they have specific 
contacts at each carrier that handle complaints the agencies forward to 
them. 

[35] FCC may also close a complaint for other reasons and not forward 
it to the carrier, such as if a consumer does not submit complete 
information with the complaint; if the complaint is not related to an 
issue within FCC's jurisdiction; if the consumer withdraws the 
complaint; or if FCC rejects the complaint because it is invalid, 
incomplete, a duplicate, a false submission, or submitted on the wrong 
form, among other reasons. 

[36] See GAO, OCC Consumer Assistance: Process Is Similar to That of 
Other Regulators but Could Be Improved by Enhanced Outreach, 
[hyperlink, http://www.gao.gov/products/GAO-06-293] (Washington, D.C.: 
Feb. 23, 2006) and GAO, Consumer Protection: Federal Actions Are Needed 
to Improve Oversight of the Household Goods Moving Industry, 
[hyperlink, http://www.gao.gov/products/GAO-01-318] (Washington, D.C.: 
Mar. 5, 2001). 

[37] See GAO, Reexamining Regulations: Opportunities Exist to Improve 
Effectiveness and Transparency of Retrospective Reviews, [hyperlink, 
http://www.gao.gov/products/GAO-07-791] (Washington, D.C.: July 16, 
2007) and [hyperlink, http://www.gao.gov/products/GAO-01-318]. 

[38] Additionally, we estimate that among users, 38 percent would 
complain to the carrier again, 20 percent to the Better Business 
Bureau, 4 percent to another consumer organization, 5 percent to a 
state utility commission, 5 percent to a state attorney general, 3 
percent to another state or local agency, 4 percent to the Federal 
Trade Commission, and 3 percent to another federal agency. Respondents 
could provide more than one answer. 

[39] [hyperlink, http://www.gao.gov/products/GAO-09-800T]. 

[40] Consumer Information and Disclosure, Truth-in-Billing, and Billing 
Format IP-Enabled Services, Notice of Inquiry, FCC 09-68 (2009). FCC's 
notice of inquiry sought comment on a number of issues discussed in 
this report, focusing on getting input about the information consumers 
need to make decisions about their telecommunications services, 
including wireless phone service, such as when choosing a service 
provider or a service plan. Specific topics FCC sought comment on 
included how carriers provide information to consumers about call 
quality, coverage, service terms, and rates and the effectiveness of 
the industry's voluntary code in protecting consumers. 

[41] This act is the centerpiece of a statutory framework that Congress 
put in place during the 1990s to help resolve the long-standing 
management problems that have undermined the federal government's 
efficiency and effectiveness and to provide greater accountability for 
results. See GAO, Results-Oriented Government: GPRA Has Established a 
Solid Foundation for Achieving Greater Results, [hyperlink, 
http://www.gao.gov/products/GAO-04-38] (Washington, D.C.: Mar. 10, 
2004). 

[42] 31 U.S.C. § 1115. 

[43] According to FCC officials, in addition to its complaint 
processing, the agency's efforts to respond to consumers' inquiries are 
an important part of the agency's work to inform consumers about 
telecommunications services. 

[44] This goal has a separate measure for responding to Telephone 
Consumer Protection Act-related complaints (junk fax and do-not-call 
list complaints) within 20 days. 

[45] FCC officials told us that they do take steps to review the 
quality of their complaint-processing efforts internally, such as by 
having supervisors review complaints and monitor staff performance. 

[46] Although not a performance measure that is linked to a goal, FCC 
does internally track its closures of consumer complaints and the 
amount of money that is refunded to consumers as a result of its 
complaint-handling efforts. Based on our analysis of FCC complaints 
received from 2004 through 2008, we estimate that FCC's efforts to 
resolve wireless consumer complaints resulted in over $10 million 
returned to consumers during that period. 

[47] We have identified inadequate performance management practices as 
a recurring problem in our recent reviews of FCC programs. See GAO, 
Telecommunications: Long-Term Strategic Vision Would Help Ensure 
Targeting of E-rate Funds to Highest-Priority Uses, [hyperlink, 
http://www.gao.gov/products/GAO-09-253] (Washington, D.C.: Mar. 27, 
2009); Telecommunications: FCC Needs to Improve Performance Management 
and Strengthen Oversight of the High-Cost Program, [hyperlink, 
http://www.gao.gov/products/GAO-08-633] (Washington, D.C.: June 13, 
2008); Telecommunications: FCC Has Made Some Progress in the Management 
of Its Enforcement Program but Faces Limitations, and Additional 
Actions Are Needed, [hyperlink, http://www.gao.gov/products/GAO-08-125] 
(Washington, D.C.: Feb. 15, 2008); and Telecommunications: Weaknesses 
in Procedures and Performance Management Hinder Junk Fax Enforcement, 
[hyperlink, http://www.gao.gov/products/GAO-06-425] (Washington, D.C.: 
Apr. 5, 2006). 

[48] 47 C.F.R. §64.2401. FCC's truth-in-billing rules that apply to 
wireless phone service carriers include requirements for bills to be 
clearly organized; clearly identify the name of the service provider 
associated with each charge; clearly identify any change in the service 
provider; and include a plain-language description of billed charges 
that is clear, brief, and nonmisleading. 

[49] Enhanced 911 is a capability that provides emergency responders 
with the location of, and a callback number for, a person calling 911. 

[50] Legislation was proposed during the 110th Congress to require FCC 
to create additional consumer protections for wireless phone service. 
For example, S. 2171, introduced in 2007, required FCC to conduct a 
rulemaking to establish customer service and consumer protection 
requirements for wireless carriers. Another bill also introduced in 
2007, S. 2033, included more specific requirements for FCC to regulate 
wireless carriers' service disclosures, billing practices, and early 
termination fees, as well as requirements for FCC to require carriers 
to report information about call quality. 

[51] In addition to its authority under the 1993 Act, another section 
of the law, 47 U.S.C. § 161, also provides FCC with authority to exempt 
carriers from regulation, which the agency has used. For example, in 
2002, FCC exempted wireless carriers from a requirement to provide 
consumers with information showing where their coverage was reliable, 
concluding that competitive pressures were strong enough to ensure that 
wireless carriers would continue to supply consumers with information 
on coverage even after FCC removed the requirement. See Year 2000 
Biennial Regulatory Review-Amendment of Part 22 of the Commission's 
Rules to Modify or Eliminate Outdated Rules Affecting the Cellular 
Radiotelephone Service and other Commercial Mobile Radio Services, 
Second Report and Order, 17 FCC Rcd. 18485 (2002). 

[52] 47 U.S.C. §203 requires communications common carriers to file 
tariffs for interstate services with FCC and prohibits carriers from 
charging, demanding, collecting, or receiving different compensation 
than specified in their filed tariffs. See 47 C.F.R. § 20.15(a)(c). A 
tariff is a document that describes a carrier's services and the rates 
to be charged for those services. 

[53] See Truth-in-Billing and Billing Format, Second Report and Order, 
Declaratory Ruling, and Second Further Notice of Proposed Rulemaking, 
20 FCC Rcd. 6448 (2005) and Service Quality, Customer Satisfaction, 
Infrastructure and Operating Data Gathering, Memorandum Opinion and 
Order and Notice of Proposed Rulemaking, 23 FCC Rcd. 13647 (2008). 
Wireless phone service carriers are exempt from existing service 
quality reporting requirements. In 2008, FCC proposed exempting other 
common carriers from these requirements, while at the same time seeking 
comment on whether such reporting requirements should be extended to 
all common carriers, including wireless carriers. 

[54] Consumer Information and Disclosure, Truth-in-Billing, and Billing 
Format IP-Enabled Services, Notice of Inquiry, FCC 09-68 (2009). 

[55] FCC officials told us they also monitor other sources of 
information about wireless consumer concerns. For example, the agency's 
annual report on wireless industry competition summarizes information 
from third-party sources such as J.D. Power and Associates about call 
quality and consumer satisfaction. FCC also monitors the industry trade 
press and participates in monthly conference calls with state agencies, 
during which wireless issues may be discussed. Additionally, FCC has 
two advisory committees that examine intergovernmental and consumer 
issues and make recommendations to the agency. 

[56] FCC's Consumer and Governmental Affairs Bureau is responsible for 
developing and implementing the agency's consumer policies, conducting 
consumer outreach and education, responding to consumer complaints and 
inquiries, and managing relationships with state, local, and tribal 
governments. 

[57] Subsequently, FCC entered into consent decrees with two of the 
carriers, which involved their making voluntary contributions to the 
U.S. Treasury. According to FCC officials, two of the other three 
carriers took appropriate corrective action, and the third carrier went 
out of business. FCC officials also told us that, since the beginning 
of 2004, the agency has taken enforcement actions against wireless 
carriers for violations of its rules regarding enhanced 911 services, 
the security of consumers' personal information such as calling 
records, hearing aid compatibility, and unsolicited telemarketing. 

[58] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999). 

[59] Consumer advocates are state-level officials, often within a state 
utility commission or office of the attorney general, that are 
designated by law to represent the interests of consumers before the 
commissions and courts. 

[60] Service quality includes call quality, coverage and network outage 
reporting requirements, and customer service, among other issues. We 
determined these categories based on input from the National 
Association of Regulatory Utility Commissioners and the National 
Association of State Utility Consumer Advocates about potential areas 
related to the terms and conditions of service where state utility 
commissions may have regulations. These categories are similar to 
aspects of service we surveyed consumers about; however, we used 
different terms since the survey was geared toward a different 
audience. Also, we did not include advertising disclosures as a key 
aspect of service in our consumer survey because it is not an aspect of 
service a carrier provides to a wireless phone service user. 

[61] [hyperlink, http://www.gao.gov/products/GAO-08-633]. 

[62] For example, some commissions indicated their regulatory authority 
was unclear because either state law is unclear or their authority 
provided by federal law is unclear. Additionally, one commission noted 
that until there is a specific federal statute or rule that clarifies 
state authority, the commission would not make a determination if or 
how it would regulate wireless phone service. 

[63] H.R. Rep. No. 103-111 (1993). 

[64] H.R. Rep. No. 103-111 (1993). 

[65] Under the 1993 Act, states were allowed to petition FCC for 
authority to regulate wireless phone service rates. Shortly after the 
1993 Act was enacted, eight states sought the right to continue 
regulating wireless rates. FCC denied all petitions from states seeking 
this authority. 

[66] In denying Connecticut's petition to regulate wireless rates, FCC 
noted that consumer complaints may concern carriers' practices 
separately and apart from their rates, such as customer billing 
practices, billing disputes, and other consumer matters, and therefore 
viewed "terms and conditions" as being flexible enough to allow the 
state to continue processing complaints related to such matters. See 
Petition of the Connecticut Department Public Utility Control to Retain 
Regulatory Control of the Rates of Wholesale Cellular Service Providers 
in the State of Connecticut, Report and Order, 10 FCC Rcd. 7025 (1995). 

[67] Promoting Deployment and Subscribership in Unserved and 
Underserved Areas, Including Tribal and Insular Areas, Twelfth Report 
and Order, Memorandum Opinion and Order, and Further Notice of Proposed 
Rulemaking, 15 FCC Rcd. 12208, 12255, (2000) and Federal-State Joint 
Board on Universal Service, Report and Order, 20 FCC Rcd. 6371 (2005). 

[68] Southwestern Bell Mobile Systems, Inc. Petition for a Declaratory 
Ruling Regarding the Just and Reasonable Nature of, and State 
Challenges to, Rates Charged by CMRS Providers when Charging for 
Incoming Calls and Charging for Calls in Whole-Minute Increments, 
Memorandum Opinion and Order, 14 FCC Rcd. 19898 (1999). 

[69] National Association of State Utility Consumer Advocates v. FCC, 
457 F.3d 1238, modified on reh'g 468 F.3d 1272 (11th Cir. 2006), cert. 
denied sub nom. Sprint Nextel v. National Association of State Utility 
Consumer Advocates. 128 S. Ct. 1119(2008). 

[70] Under the doctrine of primary jurisdiction, courts may refer a 
matter extending beyond the conventional experiences of judges or 
falling within the realm of administrative discretion to an 
administrative agency with more specialized experience or expertise. 

[71] See Greene v. T-Mobile USA, Inc., Case No. C07-1563RSM, 2008 U.S. 
Dist. LEXIS 12605 (Feb. 7, 2008) citing Brown v. MCI WorldCom Network 
Servs., Inc., 277 F.3d 1166, 1172 (9th Cir. 2002). 

[72] In a December 2008 letter to the presidential transition team, the 
National Association of Regulatory Utility Commissioners wrote that FCC 
should not limit states' ability to address new consumer abuses or 
marketplace issues as they arise, saying states are almost always the 
first to provide relief when new abuses of individual or marketplace 
participants emerge. 

[73] GAO, Financial Regulation: A Framework for Crafting and Assessing 
Proposals to Modernize the Outdated U.S. Financial Regulatory System, 
[hyperlink, http://www.gao.gov/products/GAO-09-216] (Washington, D.C.: 
Jan. 8, 2009). 

[74] These organizations are the National Association of Regulatory 
Utility Commissioners, the National Association of State Utility 
Consumer Advocates, and the National Association of Attorneys General. 

[75] Additionally, SunCom, a wireless carrier, filed a similar petition 
in 2005 that FCC later dismissed at the carrier's request. Another 
petition was filed by an opposing party who also joined in the request 
for dismissing the petitions. 

[76] Legislation proposed in Congress in 2007 sought to address the 
appropriate role of states in overseeing wireless phone service. For 
example, S. 2171 provided that states would not have authority to 
regulate wireless phone service terms and conditions, except pursuant 
to a law or regulation generally applicable to businesses in the state, 
while S. 2033 provides states with authority to enforce the federal 
standards the bill would create and expressly does not preempt states 
from providing additional protections to wireless phone service 
consumers. 

[77] State utility commissions were asked about their communication 
with FCC during the 6-month period of July through December 2008. An 
additional seven commissions reported that they did not know if there 
had been communication with FCC about wireless phone service oversight. 

[78] Implementation of Sections 3(n) of the Communications Act 
Regulatory Treatment of Mobile Survey, Second Report and Order, 9 FCC 
Rcd. 1411 (1994). 

[79] GAO, Results-Oriented Government, Practices That Can Help Enhance 
and Sustain Collaboration among Federal Agencies, [hyperlink, 
http://www.gao.gov/products/GAO-06-15] (Washington, D.C.: Oct. 21, 
2005). 

[80] [hyperlink, http://www.gao.gov/products/GAO-09-216]. 

[81] Consumer Information and Disclosure, Truth-in-Billing, and Billing 
Format IP-Enabled Services, Notice of Inquiry, FCC 09-68 (2009). 

[82] S.J. Blumberg and J.V. Luke, Wireless substitution: Early release 
of estimates from the National Health Interview Survey, January-June 
2008, a report for the Centers for Disease Control and Prevention, 
National Center for Health Statistics, Washington, D.C., Dec. 17, 2008. 

[83] The method we used to calculate the response rate, AAPOR Response 
Rate 3, uses a calculation that includes an estimate of the proportion 
of the sample that is eligible to complete the survey among those whose 
eligibility for the survey is unknown. The estimate is derived using a 
formula that includes the number of respondents interviewed, the number 
of respondents known to be eligible that were not interviewed, and the 
number of respondents contacted that were determined to be ineligible. 

[84] FCC defines informal complaints as any correspondence or 
communication received via mail, fax, e-mail, or telephone from or on 
behalf of an individual that (1) identifies a particular entity under 
FCC's jurisdiction, (2) alleges harm or injury, and (3) requests 
relief. FCC publishes a quarterly report on the number of top 
categories of complaints it receives about wireless phone service and 
other telecommunications services. Because of differences in how our 
analysis and FCC identify some complaints, the numbers of complaints in 
this table will not exactly match the number of complaints FCC 
publishes in its quarterly reports. FCC reviewed our method of 
categorizing complaints and indicated it was acceptable for our 
purposes. FCC also reports on the number and types of consumer 
inquiries it receives; however, we did not include these data in our 
analysis because of their informational nature. 

[85] There is some legislative history on the meaning of "terms and 
conditions." The House Report on the Omnibus Budget Reconciliation Act 
of 1993 (1993 Act), in which the amended language in Section 332 was 
enacted, states that "Section 332(c)(3) provides that state or local 
governments cannot impose rate or entry regulation on private land 
mobile service or commercial mobile services; this paragraph further 
stipulates that nothing here shall preclude a state from regulating the 
other terms and conditions of commercial mobile services. By 'terms and 
conditions,' the committee intends to include such matters as customer 
billing information and practices and billing disputes and other 
consumer protection matters...or such other matters as fall within a 
state's lawful authority. This list is intended to be illustrative only 
and not meant to preclude other matters generally understood to fall 
under 'terms and conditions.'" H.R. Rep. No. 103-111 at 211, 261 
(1993). In 1999, the D.C. Circuit Court of Appeals noted that section 
332(c)(3)(A) leaves its key terms undefined and does not state what 
constitutes rate regulation or what comprises other terms and 
conditions of wireless service. Cellular Telecomms. Indus. Ass'n v. 
FCC, 168 F.3d 1332 (D.C. Cir. 1999). 

[86] FCC created its truth-in-billing rules in 1999 in response to 
concerns about growing consumer confusion relating to billing for 
telecommunications service. Although the agency stated that these rules 
should apply to all carriers, it did not apply all of the rules to 
wireless carriers at that time. See Truth-in-Billing and Billing 
Format, First Report and Order and Further Notice of Proposed 
Rulemaking, 14 FCC Rcd. 7492 (1999). In 2005, FCC expanded the 
applicability of the truth-in-billing rules to wireless phone service 
carriers. In addition, as part of this proceeding, FCC addressed a 
Petition for Declaratory Ruling filed by the National Association of 
State Utility Consumer Advocates seeking to prohibit telecommunications 
carriers from imposing any separate line items or surcharges on a 
customer's bill that were not mandated or authorized by federal, state, 
or local law. See Truth-in-Billing Format; National Association of 
State Utility Consumer Advocates' Petition for Declaratory Ruling 
Regarding Truth-in-Billing, Second Report and Order, Declaratory 
Ruling, and Second Further Notice of Proposed Rulemaking, 20 FCC Rcd. 
6448 (2005) (Declaratory Ruling and/or Second Truth-in-Billing Order 
and/or Second Further Notice). Preemption is when federal law 
supersedes state law. 

[87] National Association of State Utility Consumer Advocates v. FCC, 
457 F.3d 1238, modified on reh'g 468 F.3d 1272 (11th Cir. 2006), cert. 
denied sub nom. Sprint Nextel v. National Association of State Utility 
Consumer Advocates. 128 S. Ct. 1119(2008). 

[88] Peck v. Cingular Wireless, No. CV-06-00343-TSZ (W.D. Wash. Oct. 
24, 2006); see, also, Hesse v. Sprint Spectrum L.P., No. C06-0592-JCC, 
2007 U.S. Dist. LEXIS 3885 (W.D. Wash., Jan. 18, 2007). 

[89] Peck v. Cingular Wireless Services, Inc., 535 F.3d 1053 (9th Cir. 
2008). 

[90] Consumer Information and Disclosure, Truth-in-Billing, and Billing 
Format IP-Enabled Services, Notice of Inquiry, FCC 09-68 (2009). 

[91] Green v. T-Mobile USA, Inc., Case No. C07-1563RSM, United States 
District Court for the Western District of Washington, 2008 U.S. Dist. 
LEXIS 12605 (Feb. 7, 2008). The cases the court cited were Phillips v. 
AT&T Wireless, 2004 U.S. Dist. LEXIS 14544 (S.D. Iowa 2004), in which 
the court found that early termination fees are other terms and 
conditions and Chandler v. AT&T Wireless Services, Inc., 2004 U.S. 
Dist. LEXIS 14884 (S.D. Ill. 2004), in which the court found that early 
termination fees were rates charged. 

[92] The court halted the proceeding under the doctrine of primary 
jurisdiction, which allows a federal court to refer a matter falling 
"beyond the conventional experiences of judges" back to administrative 
agencies. See Green v. T-Mobile USA, Inc., Case No. C07-1563RSM, United 
States District Court for the Western District of Washington, 2008 U.S. 
Dist. LEXIS 12605 (Feb. 7, 2008). Primary jurisdiction is properly 
invoked when a claim can be litigated in federal court but requires 
resolution of an issue of first impression or of a particularly 
complicated issue that Congress has committed to a regulatory agency. 

[93] Debra Edwards v. SunCom, No. 02-CP-26-3539 (S.C.Ct. of Common 
Pleas, 15th Jud. Cir.), filed May 25, 2004. 

[94] There were 105 records filed in this proceeding. 

[95] See Letter from Michael D. Hayes and Michele Farquhar, Counsel for 
SunCom and Nate Fata and Kent Sinclair, Counsel for Debra Edwards, to 
Marlene H. Dortch, FCC, filed January 28, 2008. 

[96] SunCom Wireless Operating Company, L.L.C., Petition for 
Declaratory Ruling; Debra Edwards Cross-Petition for Declaratory 
Ruling, Order, 23 FCC Rcd. 4870 (2008). 

[97] See also Petition of the Cellular Telecommunications & Internet 
Association for an Expedited Declaratory Ruling, WT Docket No. 05-194, 
filed March 15, 2005. 

[98] Letter from Christopher Guttman-McCabe to Marlene H. Dortch, dated 
June 12, 2009. 

[99] Joint Response in Opposition to CTIA Withdrawal Notice, WT Docket 
No. 05-194, dated June 26, 2009. 

[100] In the Matter of Consumer Information and Disclosure, Truth-in-
Billing and Billing Format, IP Enabled Services, CG Docket No. 09-158, 
CC Docket No. 98-170, WC Docket No. 04-36, Notice of Inquiry, FCC 09-68 
(rel. Aug. 28, 2009) (Consumer Information and Disclosure NOI). 

[101] Consumer Information and Disclosure NOI at para. 16. 

[102] See In the Matter of Implementation of Section 6002(b) of the 
Omnibus Budget Reconciliation Act of 1993, Annual Report and Analysis 
of Competitive Market Conditions With Respect to Mobile Wireless
including Commercial Mobile Services, WT Docket No. 09-66, Notice of 
Inquiry, FCC 09-67 (rel. Aug. 27, 2009). 

[103] In the Matter of Fostering Innovation and Investment in the 
Wireless Communications Market, A National Broadband Plan For Our 
Future, GN Docket No. 09-157, GN Docket No. 09-51, Notice of Inquiry, 
FCC 09-66 (rel. Aug. 27, 2008). 

[104] Consumer Information and Disclosure NOI at para. 51. 

[105] 47 C.F.R. § 64.2401(d). A carrier may list a toll-free number for 
a billing agent, clearinghouse, or other third party, provided such 
party possesses sufficient information to answer questions concerning 
the subscriber's account and is fully authorized to resolve the 
consumer's complaints on the carrier's behalf. 

[106] Consumer complaints at the FCC relating to billing and rates for 
wireline services increased from 8,965 in 2006 to 13,486 in 2008, an 
increase of 50 percent, while the number of wireline telephone 
subscribers decreased 10 percent between June 2006 and June 2008. 
Consumer complaints at the FCC relating to billing and rates for 
wireless services increased from 8,822 in 2006 to 10,930 in 2008, an 
increase of approximately 24 percent, while the number of wireless 
subscribers during the same period increased by 16 percent" See 
Consumer Information and Disclosure NOI at para. 15. 

[107] Consumer Information and Disclosure NOI at para. 58. 

[End of section] 

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