445 12th Street, SW
Washington, DC 20554
202 418 7330
FAX 202 418 0435
|
 |
|
|
|
 |
About Us . . .
|  |
|
The Market Disputes Resolution Division ("MDRD") is responsible for
resolving complaints by market participants, entities or organizations
against common carriers (wireline, wireless or international) for alleged
violations of the Communications Act that are filed pursuant to Section 208
of the Act. The division also resolves complaints filed by cable operators,
telecommunications carriers, utilities and other parties pursuant to Section
224 of the Communications Act relating to the reasonableness of rates,
terms, and conditions for
pole attachments.
|
|
| |
Filing a Section 208 Formal Complaint
| |
We strongly encourage parties to contact MDRD staff prior to filing a formal
complaint to describe the issues raised in the dispute and to discuss the
efficacy of pre-complaint mediation before Commission staff, as described
below. Before filing a formal complaint, carefully review the applicable
procedural rules, which are found in the Code of Federal Regulations at
47 C.F.R. §§ 1.721-1.736.
Failure to comply with the rules can result in
dismissal of your complaint. For additional information, you may want to
look at the FCC's Report and Order that adopted these rules, which is
published in the FCC Record at
12 FCC Rcd 22497 (1997).
You may also wish
to review the Order on Reconsideration in that proceeding, which can be
found in the FCC Record at
16 FCC Rcd 5681 (2001).
A filing fee is required
for all formal complaints.
See
47 C.F.R. § 1.1106.
You should feel free to
contact MDRD staff at (202) 418-7330 to discuss these procedures and ask any
questions prior to filing a formal complaint.
If you do file a formal complaint, provide as much factual support for your
case as possible. This can be in the form of sworn affidavits, documentary
evidence, etc. Do not assume that you will be able to engage in lengthy
discovery after you file your complaint in order to develop the facts.
|
|
| |
Mediation
| |
Parties are strongly encouraged to attempt to settle or narrow their dispute
before filing a formal complaint. To assist parties in this effort, MDRD
emphasizes mediation of formal complaints (including pole attachment
disputes), preferably prior to the actual filing of a complaint. We
recommend that you contact Division staff at (202) 418-7330 prior to filing
a complaint for information regarding MDRD's mediation program. Mediations
allow the parties to focus on a solution to their dispute, and not waste
resources in costly and time-consuming litigation. The Division has had
great success with its mediation efforts; many cases that would have been
formal complaints have been resolved informally without further litigation
with the help of MDRD staff. Please contact the Division for additional
details.
|
|
| |
The Accelerated Docket
| |
In select circumstances, MDRD resolves complaints under an accelerated
schedule called the “Accelerated Docket.” It is designed to lead to a
written staff-level decision within 60 days from the filing of the
complaint. Because the Accelerated Docket rules require staff-supervised
pre-filing settlement discussions between the parties, many disputes are
settled without the need to file a formal complaint. In fact, such
settlements are the real success story of the Accelerated Docket procedure.
Please contact the staff if you would like to have a potential complaint
considered for acceptance onto the Accelerated Docket. It is important to
understand that not all cases are suitable for this expedited procedure.
The staff, in its discretion, decides which cases to assign to the
Accelerated Docket. Although you may be disappointed if the staff declines
to assign your particular case to the Accelerated Docket, you always are
free to file a “traditional” formal complaint and have that complaint
adjudicated by the FCC. For further information about this process, please
refer to
section 1.730 of the Commission's rules,
and the Formal Complaint Second Report and Order, which is published in the
FCC Record at
13 FCC Rcd 17018 (1998).
|
|
| |
Primary Jurisdictional Referrals
| |
Any party that has been involved in a dispute against a common carrier
that has been referred to the Commission by a court pursuant to the
doctrine of primary jurisdiction is strongly encouraged, before filing
any papers with the Commission, to carefully review the Commission's
Public Notice: Primary Jurisdiction Referrals Involving Common
Carriers,
15 FCC Rcd 22,449 (C.C.B., E.B., I.B., W.T.B. 2000) and to
contact the Division.
|
|
| |
Key People
| |
Alex Starr, Chief
Lisa Griffin, Deputy Chief
Rosemary McEnery, Deputy Chief
Lisa Saks, Assistant Chief
| |
Items of Interest
| |
|
|
