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This bulletin provides information on how you, the consumer, can file complaints against providers of commercial wireless communications services. These services include cellular telephone, PCS, SMR, and other commercial wireless services. If you have a problem with a company providing one of these services, you should first try to resolve your complaint with the company providing the service. If you are unsuccessful in resolving the problem, then you can file a complaint with the Federal Communications Commission. Complaints are filed in accordance with Part 1 of the Commission's Rules. They may be either informal or formal.

The informal complaint process is ordinarily used by consumers to file a complaint against a commercial wireless service provider. It is a straight forward and easy way to bring your complaint to the attention of the Commission. It is important to note that an informal complaint is no less important than a formal complaint. Both types of complaints receive the same consideration by the Commission. While you may also file a formal complaint against your service provider, the formal complaint process is more often used when one service provider files a complaint against another service provider.

Informal Complaints

Informal complaints must be filed in writing. There is no specific form to fill out to file an informal complaint with the FCC. There is no charge associated with an informal complaint. You simply send a letter describing the problem. Each complaint should contain the name, address and telephone number of the complainant; the name and address of the company against which the complaint is made; a complete statement of facts including copies of any information which would help explain the facts; and the specific resolution sought. The complaint should be mailed to:

Federal Communications Commission
Wireless Telecommunications Bureau
Enforcement Division, Room 8308
2025 M Street, NW
Washington, DC 20554

As an alternative to mailing, the complaint may be faxed to (202) 418-2644.

When a complaint is received, it is reviewed, logged into the Enforcement Division's tracking system and then "served" on the service provider identified in the complaint. The company is directed to investigate the complaint and to report the results of that investigation, in writing, to the FCC within 30 days. A copy of the company's response should also be sent to the complainant at the same time the response is filed with the Commission.

Upon receipt by the FCC, the carrier's response is reviewed to ensure that the company addressed all of the issues raised in the complaint and that the company's actions are consistent with relevant Commission Rules. If it appears that the company may not be in compliance with the Commission's Rules, the Commission will take appropriate action. If it is found that the company has not violated the relevant Commission's Rules, no further action will be taken by the Commission.

Formal Complaints

If a complainant is not satisfied with a company's response to an informal complaint and the Commission's disposition of that complaint, then a formal complaint may be filed. Formal complaints must be filed in the manner prescribed in the Commission's Rules and must show facts which establish that a violation of the Communications Act or a Commission Rule has occurred. Because allegations raised in a formal complaint must be sufficiently developed in a way which complies with the Commission's Rules and case law, formal complaints may require an attorney's assistance.

Formal complaints must be filed in writing together with FCC Form 159 and a $150.00 filing fee for each defendant named. Formal complaints must contain the following: the name of each complainant and defendant; the occupation, address and telephone number of each complainant, and, to the extent known, each defendant; the name, address and telephone number of the complainant's attorney, if represented by counsel; citation to the section of the Communications Act and/or Commission order and/or regulation alleged to have been violated; a complete statement of facts, supported by affidavit or documentation, which, if proven true, would constitute a violation; complete identification or description, including relevant time period, of the conduct complained of and nature of the injury sustained; the relief sought, including recovery of damages and the amount of damages claimed, if known; and whether suit has been filed in any court or other government agency on the same cause of action. (See Section 1.720 through Section 1.735 of the Commission's Rules and Regulations). The formal complaint, together with the appropriate filing fee, should be mailed to:

Federal Communications Commission
Wireless Telecommunications Bureau
P.O. Box 358120
Pittsburgh, PA 15251-5120