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Report to the Chairman, Subcommittee on Telecommunications and the 
Internet, Committee on Energy and Commerce, House of Representatives: 

United States Government Accountability Office: 
GAO: 

February 2008: 

Telecommunications: 

FCC Has Made Some Progress in the Management of Its Enforcement Program 
but Faces Limitations, and Additional Actions Are Needed: 

GAO-08-125: 

GAO Highlights: 

Highlights of GAO-08-125, a report to the Chairman, Subcommittee on 
Telecommunications and the Internet, Committee on Energy and Commerce, 
House of Representatives. 

Why GAO Did This Study: 

The Federal Communications Commission (FCC) annually receives about 
100,000 complaints from individuals and companies. FCC has the 
authority to investigate these complaints and take enforcement action 
if it finds a violation of the telecommunications laws and rules, which 
are designed to ensure, for example, that individuals have access to 
911 services and a wider affordable range of communication services. 

As requested, this report reviews FCC’s enforcement program and (1) 
summarizes the number and type of complaints received, investigations 
conducted, and enforcement actions taken by FCC from 2003 through 2006; 
(2) discusses how FCC assesses the impact of its enforcement program; 
and (3) discusses challenges FCC faces in providing complete and 
accurate information on its enforcement program. To address these 
objectives, GAO analyzed FCC’s databases, interviewed FCC officials, 
telecommunications executives, and experts. 

What GAO Found: 

According to GAO’s analysis of FCC data, between 2003 and 2006, the 
number of complaints received by FCC totaled about 454,000 and grew, 
from almost 86,000 in 2003, to a high of about 132,000 in 2005. The 
largest number of complaints alleged violations of the do-not-call list 
request and telemarketing during prohibited hours. FCC processed about 
95 percent of the complaints it received. FCC also opened about 46,000 
investigations and closed about 39,000; almost 9 percent of these 
investigations were closed with an enforcement action, and about 83 
percent were closed with no enforcement action. GAO was unable to 
determine why these investigations were closed with no enforcement 
action because FCC does not systematically collect these data. FCC told 
GAO that some investigations were closed with no enforcement action 
because no violation occurred or the data were insufficient. 

FCC assesses the impact of its enforcement program by periodically 
reviewing certain program outputs, such as the amount of time it takes 
to close an investigation, but it lacks management tools to fully 
measure its outcomes. Specifically, FCC has not set measurable 
enforcement goals, developed a well-defined enforcement strategy, or 
established performance measures that are linked to the enforcement 
goals. Without key management tools, FCC may have difficulty assuring 
Congress and other stakeholders that it is meeting its enforcement 
mission. 

Limitations in FCC’s current approach for collecting and analyzing 
enforcement data constitute the principal challenge FCC faces in 
providing complete and accurate information on its enforcement program. 
These limitations make it difficult to analyze trends; determine 
program effectiveness; allocate Commission resources; or accurately 
track and monitor key aspects of all complaints received, 
investigations conducted, and enforcement actions taken. 

Figure: Disposition of FCC’s 39,000 Closed Investigations, Calendar 
Years 2003 through 2006: 

[See PDF for image] 

This figure is a pie-chart, depicting the following data: 

Investigation closed with no enforcement action taken; unable to 
determine reason why from databases: 83%; 
Investigation closed; action taken: 9%; 
Investigation closed; unable to determine if enforcement action was 
taken: 8%. 

[End of figure] 

What GAO Recommends: 

The Chairman, FCC, should improve FCC’s data collection and analysis to 
help it better manage its enforcement efforts and develop and implement 
performance goals and outcome measures for its enforcement program. FCC 
said it has already implemented measures that address both 
recommendations; however, the actions it identified do not fully 
address our recommendations. 

To view the full product, including the scope and methodology, click on 
[hyperlink, http://www.GAO-08-125]. For more information, contact Mark 
Goldstein at (202) 512-2834 or goldsteinm@gao.gov. 

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

Complaints Received by FCC Have Increased and the Majority of 
Investigations Have Not Resulted in Enforcement Actions: 

FCC's Enforcement Bureau Assesses Some Program Outputs, but Lacks Key 
Management Tools to Measure Outcomes and Manage Its Program: 

FCC's Enforcement Bureau Has Not Fully Defined Its Strategy and Has No 
Specific Goals or Performance Measures: 

An Inadequate Data Management System Challenges the Enforcement 
Bureau's Ability to Carry Out Its Responsibilities: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Scope and Methodology: 

Appendix II: Comments from the Federal Communications Commission: 

Appendix III: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Divisions and Responsibilities of FCC's Enforcement Bureau: 

Table 2: Summary of Enforcement Bureau's Approximately 39,000 Closed 
Investigations, Calendar Years 2003 through 2006: 

Figures: 

Figure 1: Number of Complaints Received and Processed by the Consumer 
and Governmental Affairs Bureau, Calendar Years 2003 through 2006: 

Figure 2: Top 10 Complaints Received by the Consumer and Governmental 
Affairs Bureau, Calendar Years 2003 through 2006: 

Figure 3: Number of Years Consumer and Governmental Affairs Bureau 
Complaints Were Pending, as of December 31, 2006: 

Figure 4: Number of Investigations Opened, Closed, and Pending by the 
Enforcement Bureau, Calendar Years 2003 through 2006: 

Figure 5: Disposition of Enforcement Bureau's 39,000 Closed 
Investigations, Calendar Years 2003 through 2006: 

Figure 6: Amount of Monetary Forfeitures Assessed and Payments 
Negotiated through Consent Decrees, Calendar Years 2003 through 2006: 

Figure 7: Number of Years FCC Enforcement Bureau Investigations Were 
Pending, as of December 31, 2006: 

Abbreviations: 

CGB: Consumer and Governmental Affairs Bureau: 

FCC: Federal Communications Commission: 

FTC: Federal Trade Commission: 

GPRA: Government Performance and Results Act of 1993: 

OMD: Office of the Managing Director: 

[End of section] 

United States Government Accountability Office:
Washington, DC 20548: 

February 15, 2008: 

The Honorable Edward J. Markey: 
Chairman: 
Subcommittee on Telecommunications and the Internet: 
Committee on Energy and Commerce: 
House of Representatives: 

Dear Mr. Chairman: 

The Federal Communications Commission (FCC) is responsible for 
enforcing the Communications Act of 1934, as amended (the Act), and 
Commission rules and orders. Each year, FCC receives approximately 
100,000 complaints from consumers and companies. FCC has the authority 
to investigate complaints and to take enforcement action if it finds 
that there have been violations of the various telecommunications laws 
and Commission rules that are designed to protect the consumer, ensure 
public safety, and encourage competition. Thus, it is important that 
FCC have a strong and effective enforcement program that allows it to 
act on these complaints in an efficient and equitable manner. 

Within FCC, two bureaus--the Consumer and Governmental Affairs Bureau 
(CGB) and the Enforcement Bureau--have responsibility for handling the 
hundreds of thousands of complaints that FCC receives from individuals 
and companies. CGB is primarily responsible for processing the majority 
of the complaints that FCC receives from individuals. The Enforcement 
Bureau is the primary bureau within FCC that is responsible for 
enforcing the Act's provisions and FCC's rules and orders. 

You requested that we review FCC's enforcement program. This report (1) 
summarizes the number and types of complaints received, investigations 
conducted, and enforcement actions taken by FCC during calendar years 
2003 through 2006; (2) discusses how FCC assesses the impact of its 
enforcement program; and (3) discusses challenges FCC faces in 
providing complete and accurate information on its enforcement program. 

To provide information on the number and types of complaints received, 
investigations conducted, and enforcement actions taken by FCC from 
2003 through 2006, we analyzed data entirely from FCC's six databases 
for calendar years 2003 to 2006.[Footnote 1] We primarily focused our 
analysis on the approximately 46,000 investigations that FCC conducted 
during this time period. We did not review the paper case files that 
FCC maintains. Our focus was on the database systems for FCC's 
enforcement program. To assess the reliability of FCC's databases, we 
performed a separate assessment of each of the five databases and of 
CGB's database. We identified the degree of missing, duplicate, and 
invalid records and analyzed certain data fields to assess the quality 
of the data. We found some inconsistencies and limitations in the 
databases, which we reported to FCC. We also reviewed FCC's procedures 
for handling complaints, conducting investigations, and taking 
enforcement actions. While we discuss limitations of the data in this 
report, we determined that the data were sufficiently reliable for us 
to present some general information regarding the number and types of 
complaints, investigations and enforcement actions. 

To identify the challenges FCC faces, we interviewed officials at FCC 
and 15 companies that are subject to FCC's enforcement, and five 
experts in telecommunications. We selected the companies based on the 
type of telecommunications services provided (radio and television 
broadcasting, cable and satellite, wireless and wireline 
telecommunications services) and FCC and industry data for 2006. To 
assess how FCC measures the impact of its enforcement program, we 
reviewed the agency's Strategic Plan for 2006 through 2011, Fiscal Year 
2006 Performance and Accountability Report, Fiscal Year 2006 
Congressional Justification of Estimates, and the FCC's enforcement 
manual to identify enforcement goals and performance measures. We also 
interviewed FCC officials about performance goals and measures and 
compared FCC's efforts with performance management practices identified 
in prior GAO reports. We conducted this performance audit from November 
2006 through December 2007 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. 
See appendix I for a more detailed explanation of our scope and 
methodology. 

Results in Brief: 

Overall, FCC received and processed hundreds of thousands of 
complaints, conducted tens of thousands of investigations, and took a 
limited number of enforcement actions during calendar years 2003 
through 2006. According to our analysis of FCC's CGB database for 2003 
through 2006, during this period, the number of complaints received by 
FCC's CGB totaled 454,000 and grew, from almost 86,000 in 2003, to a 
high of about 132,000 in 2005. The CGB processed about 95 percent of 
these complaints by sending a letter of acknowledgment to the 
complainant and, where appropriate, referred them for resolution to the 
company that was the subject of the complaint. The largest number of 
complaints alleged violations of the Telephone Consumer Protection Act 
(TCPA),[Footnote 2] including violations of the do-not-call list 
request and telemarketing during prohibited hours. As of December 2006, 
about 23,000 complaints remained open, with 16 percent of them open 
from 1 to 4 years. In addition, based on our analysis of FCC's 
Enforcement Bureau's databases, from 2003 through 2006, FCC's 
Enforcement Bureau conducted about 46,000 investigations. These 
investigations were in response to complaints that the Enforcement 
Bureau received directly, complaints received by CGB, audits and 
inspections, and self-initiated inquiries. As of December 2006, the 
Enforcement Bureau had closed about 39,000 of the 46,000 
investigations. Based on our analysis of FCC's Enforcement Bureau's 
databases for 2003 through 2006, about 9 percent, or almost 3,400, of 
these investigations were closed with an enforcement action, and 
approximately 83 percent, or about 32,200, were closed with no 
enforcement. We were not able to determine whether enforcement actions 
had been taken in the remaining 3,200 closed investigations or to 
determine why investigations were closed with no discernible 
enforcement action because the Enforcement Bureau databases did not 
collect this information systematically. However, Enforcement Bureau 
officials told us that some investigations may be closed with no 
enforcement action for such reasons as insufficient information or a 
determination that no violation occurred. Our analysis of FCC's 
Enforcement Bureau databases for 2003 through 2006 shows that when FCC 
took an enforcement action, it generally issued an admonishment or 
notice of violation, sometimes assessed a fine, and rarely relied on 
more serious enforcement actions. For example, FCC did not issue any 
order to cease and desist during this period. As of December 2006, 
about 7,200 investigations remained open and almost 1,400 (about 19 
percent) were open for 1 to 4 years. According to FCC officials, from 
2003 through 2006 the Commission assessed $73 million in fines and 
payments negotiated through consent decrees, of which about $53 
million, or 72 percent, has been collected. 

While FCC assesses the impact of its enforcement program by 
periodically reviewing certain program outputs, it lacks the management 
tools needed to fully measure its outputs and manage its program. 
Specifically, FCC's Enforcement Bureau has not set specific enforcement 
goals, developed a well-defined enforcement strategy, or established 
performance measures that are linked to the enforcement goals. FCC 
measures outputs, such as the extent to which it takes enforcement 
action within its statute of limitations requirement for assessing 
fines or the time it takes to close investigations, but it does not 
measure outcomes such as the effects of its enforcement actions on 
levels of compliance in certain areas. Without key management tools, 
FCC may have difficulty fully assuring Congress and other stakeholders 
that it is meeting its enforcement mission of protecting the consumer, 
ensuring public safety, and encouraging competition. 

Limitations in FCC's current approach for collecting and analyzing 
enforcement data constitute the principal challenge FCC faces in 
providing complete and accurate information on its enforcement program. 
These limitations make it difficult to conduct trend analysis, 
determine program effectiveness, allocate Commission resources, or 
accurately track and monitor key aspects of all complaints received, 
investigations conducted, and enforcement actions taken. Currently, the 
Enforcement Bureau uses five separate databases and manually searches 
tens of thousands of paper case files to track and monitor the extent 
to which each of its divisions takes enforcement action within its 
statute of limitations requirement for assessing fines or the time it 
takes to close an enforcement case. Consequently, we could not use the 
Enforcement Bureau's databases to obtain bureauwide information on the 
1-year statute of limitations for imposing monetary forfeitures, the 
speed with which the Enforcement Bureau closed an investigation, the 
reasons for closing investigations with no enforcement action, or the 
amount of the fines FCC assessed. Our past work has shown that when 
data management systems are not integrated and compatible, excessive 
use of resources and inconsistent analysis of program results can 
occur. 

To develop a more efficient and effective approach to enforcing 
communications laws and Commission rules and orders, we recommend that 
the Chairman of the Federal Communications Commission: 

* improve how FCC collects and analyzes data on complaints received, 
investigations conducted, and enforcement actions taken to help it 
better manage and understand the outcomes and net results of 
enforcement efforts and provide Congress and stakeholders with timely 
and accurate information that can be used to hold FCC accountable for 
accomplishing its enforcement mission under the Act; and: 

* develop and implement performance management practices for the 
Enforcement Bureau, such as a well-defined strategy that includes 
specific goals and performance measures, in order to assess the 
effectiveness of FCC's enforcement program. 

We provided a draft of our report to FCC for review and comment. FCC 
commented that it has already implemented measures that address both of 
our recommendations. In addition, FCC disagreed with our methodology 
and several of our findings. FCC's comments appear in appendix II. FCC 
also provided over 100 pages of attachments in its comments. Because 
these attachments cover time periods that are after the scope of our 
audit and are voluminous, we have decided to characterize the 
attachments rather than include them in their entirety.[Footnote 3] FCC 
also provided technical and legal clarifications, which we incorporated 
as appropriate. We also clarified our methodology for analyzing FCC's 
databases. These technical and legal changes did not affect our 
findings, conclusions, or recommendations. 

We are pleased that FCC is moving in the direction suggested by our 
recommendations, but we disagree with FCC that it has already fully 
implemented them; we also disagree with FCC's criticisms of our 
methodology and findings. We believe that our report provides an 
accurate and sufficient overview of FCC's processes for handling 
complaints, conducting investigations, and taking enforcement actions 
and the results of FCC's efforts to enforce telecommunications laws and 
the Commission's rules from 2003 through 2006, the latest year complete 
data was available. We also exercised caution in writing our report to 
ensure that we explained that the results of our analysis are based 
entirely on FCC's databases. In our view, FCC's concerns about the 
accuracy of our findings stem from (1) the challenges FCC faces in not 
having a data management system that will allow it to systematically 
collect and analyze information about complaints, investigations, and 
enforcement actions and (2) the Commission's use of an approach that 
differs significantly from ours. We discuss the challenges posed by 
FCC's data management system in our report and point out that without 
improvements, such as we recommend, FCC cannot readily analyze trends, 
determine program effectiveness, allocate Commission resources, or 
accurately track and monitor key aspects of all complaints received, 
investigations conducted, and enforcement actions taken. In addition, 
the Commission's use of data for 2007 and data from the thousands of 
paper case files, both of which were outside the scope of our analysis, 
necessarily led to findings that differed from ours, but these 
differences do not affect the appropriateness of our methodology or the 
accuracy of our findings. 

FCC disagreed with our methodology and our findings, conducted its own 
analyses, and included the results of these analyses in attachments to 
its comments. We believe that our methodology meets generally accepted 
government auditing standards which require that we plan and perform 
the audit to obtain sufficient, appropriate evidence to provide a 
reasonable basis for our findings, conclusions, and recommendations. 
However, while FCC did not provide its methodology, its overall 
approach differs significantly from the approach we used. In its 
comment letter, FCC acknowledged that it had to review about 46,000 
paper case files and use its databases to determine the reasons why 
investigations were closed with no enforcement action. FCC also 
acknowledged that it conducted a manual review of a variable in its 
database that we could not use because of reliability concerns. As 
noted in our report, the data that we used for our analyses are derived 
directly from FCC's databases. We did not review the 46,000 paper case 
files that FCC maintains. Our focus was on the database systems for 
FCC's enforcement program. 

FCC also disagreed with our finding that 83 percent of its 
investigations were closed with no enforcement action and that there 
were no justifications for these closures in its databases. In its 
comments, FCC stated that based on its analysis of its databases and 
paper case files, 85 percent of its investigations were closed with no 
enforcement action and 96 percent of these closures were due to 
findings of compliance or insufficient information from the 
complainant. To determine the reasons why investigations were closed, 
we attempted to identify a reliable variable in FCC's enforcement 
database that clearly categorized the justifications for closing an 
investigation with no enforcement action. No such variable exists. As 
an alternative, FCC referred us to open-ended text variables. We 
reviewed these variables, and in June 2007, told FCC officials that we 
could not use these variables because they are frequently blank or, if 
completed, contain varying amounts of text to justify the actions or 
lack thereof. While such information may be useful to the FCC analysts 
working on the complaints, they are not usable for management 
information purposes. In addition, as FCC acknowledged in its comments, 
to determine the reasons why its investigations were closed with no 
enforcement action, it had to review approximately 46,000 paper case 
files. As noted in this report, the data that we used for our analysis 
are derived entirely from FCC's databases. We did not review the 46,000 
paper case files that FCC maintains. Our focus was on the database 
systems for FCC's enforcement program. Our understanding is that FCC 
analysts reviewed the information from its databases and paper case 
files and categorized the reasons for approximately 46,000 
investigations in response to our initial analysis. We believe that FCC 
should have data management systems that allow it to generate this type 
of information automatically, reliably, and regularly. Consequently, we 
stand by our recommendation that FCC needs to improve how it collects 
and analyzes data on complaints received, investigations conducted, and 
enforcement actions taken to better manage its enforcement program. 

Background: 

Two bureaus within FCC--CGB and the Enforcement Bureau--have 
responsibilities for developing and implementing procedures for 
processing complaints, conducting investigations, and taking 
enforcement action if appropriate. CGB has primary responsibility for 
processing the majority of the complaints that FCC receives and for 
responding to other consumer complaints and inquiries.[Footnote 4] For 
example, some of these complaints allege that (1) common carriers may 
have violated telecommunications laws and FCC rules; (2) television and 
radio broadcasters may have violated indecency rules; and (3) 
nonregulated entities, such as telemarketers, may have violated some 
aspects of the TCPA, such as the do-not-call list request. CGB may also 
receive complaints and inquiries about consumer issues from 
congressional offices and FCC Commissioners. Under CGB's process, 
complaints are logged upon receipt into CGB's database, and 
acknowledgment letters are sent to the complainants notifying them that 
FCC received the complaint. Complaints against common carriers are 
processed according to the procedures outlined in FCC's regulations, 
which require FCC to forward the complaint to the carrier that 
allegedly committed the violation and ask the carrier to respond to the 
complainant and FCC.[Footnote 5] If the common carrier responds to the 
complainant by, for example, issuing a refund or explaining the 
charges, then CGB takes no further action. However, if the company does 
not respond, then CGB initiates additional contact after 30 days and, 
again, after 60 days, to get the complaint resolved. A CGB official 
told us that CGB also receives a copy of the carrier's response to the 
complaint. According to FCC, voluntary action by the carrier to achieve 
consumer satisfaction is the expected outcome for most of the 
complaints CGB receives. However, if this outcome is not achieved, the 
complainant may pursue the matter by filing a formal complaint with 
FCC's Enforcement Bureau.[Footnote 6] CGB responds to other complaints, 
such as those concerning junk faxes, by acknowledging receipt of the 
complaint and then closing the case. 

Formed in November 1999, the Enforcement Bureau consolidates the 
enforcement functions of FCC's policy bureaus, which formerly carried 
out their own investigations and enforcement activities.[Footnote 7] 
The areas of enforcement that are handled by the Enforcement Bureau are 
consumer protection, local competition, and public safety. The 
Enforcement Bureau has four divisions and 25 field offices in three 
geographic regions. These five divisions are responsible for conducting 
investigations and taking enforcement actions, if appropriate (see 
table 1).[Footnote 8] 

Table 1: Divisions and Responsibilities of FCC's Enforcement Bureau: 

Division: Investigations and Hearings; 
Primary responsibilities: Investigates and takes or recommends 
enforcement action against (1) broadcast licensees for violations of 
nontechnical Commission rules concerning issues, such as indecency, 
enhanced underwriting, unauthorized assignments and transfers of 
control of licenses; (2) wireless licensees for violations of 
nontechnical rules involving such issues as auction collusion and 
unauthorized assignments and transfer of control of licensees; (3) 
common carriers in cases involving alleged or suspected misconduct; and 
(4) in cases involving suspected violations of the laws and rules 
governing universal service. This division also serves as trial staff 
in formal hearings. 

Division: Spectrum Enforcement; 
Primary responsibilities: Investigates and takes or recommends 
enforcement action for violation of public-safety related and other 
technical rules, such as those governing interference, tower marking 
and lighting, the Emergency Alert System, 911, Enhanced 911, and 
compliance with operational provisions of licenses. This division also 
handles enforcement action in the areas of unauthorized equipment, 
network reliability or network outages, and digital television, among 
others. 

Division: Telecommunications Consumers; 
Primary responsibilities: Investigates and takes or recommends 
enforcement action for violations of consumer-related obligations of 
common carriers and other telecommunications entities, such as 
slamming, junk faxes, and prohibited calls to do-not-call list request 
subscribers, and adjudicating formal complaints filed against 
telecommunications entities that raise consumer issues and proceedings 
on the accessibility of telecommunications services and equipment to 
persons with disabilities. 

Division: Market Disputes Resolution; 
Primary responsibilities: Resolving complaints by market participants, 
entities, or organizations against common carriers for alleged 
violations of the Act that are filed under section 208 of the Act; 
resolving complaints filed by cable operators, telecommunications 
carriers, utilities, and other parties relating to the reasonableness 
of rates, terms, and conditions for pole attachments as stated under 
section 224 of the Act; and facilitating settlements of disputes by 
engaging the parties in mediation. 

Division: Field Offices; 
Primary responsibilities: Responding to spectrum and homeland-security-
related safety of life and public safety matters, investigating 
interference complaints, inspecting FCC-regulated entities, and taking 
or recommending enforcement action for violations of public safety and 
technical rules. 

Source: FCC. 

[End of table] 

The Enforcement Bureau generally investigates alleged violations of 
telecommunications and Commission rules in response to complaints 
received directly from an individual or an entity or from complaints it 
selected from CGB's database. After a complaint is received, 
Enforcement Bureau staff review it to determine whether it meets FCC's 
sufficiency of evidence and jurisdictional requirements. If a complaint 
does not meet these requirements, an investigation is not conducted. 
While Enforcement Bureau officials told us that FCC's enforcement work 
is primarily complaint-based, the bureau does initiate a few 
investigations in response to audits or observations made during the 
normal course of agency business, such as research during other 
investigations. If a violation is found during an investigation, then 
the Enforcement Bureau may take enforcement action. 

Once a violation is found, the Commission may impose a range of 
enforcement actions. According to FCC, potential enforcement actions 
include the following:[Footnote 9] 

* Admonishment. A notice that serves to inform the subject that its 
action violates the Act or Commission rules, orders, or terms and 
conditions of authorizations and allows the Enforcement Bureau to 
establish a record of enforcement action in cases where a forfeiture is 
not warranted. 

* Cease and desist order. An order requiring a person to cease and 
desist from violation of the Act or Commission rules.[Footnote 10] 

* Citation. Provides notice to parties who do not ordinarily conduct 
business with FCC (i.e., persons not holding or applying for Commission 
authorizations) that their actions violate the Act or FCC rules and 
could subject them to a monetary forfeiture. A forfeiture may not be 
issued for the subject of a citation but may be imposed for subsequent 
violations. 

* Consent decree. An agreement between FCC or the Enforcement Bureau 
and the party of an investigation that sets forth the terms and 
conditions of accepted behavior to which that subject must conform in 
exchange for closure of the investigation or forfeiture proceedings. A 
consent decree generally includes a compliance plan and a voluntary 
contribution to the U.S. Treasury. 

* Criminal and civil penalties. The Act provides for a fine of not more 
than $10,000 or a criminal penalty of imprisonment for up to 1 year for 
a first-time conviction of willfully and knowingly violating the Act 
(47 USC § 501). A second conviction for violating any provision of the 
Act is punishable by a fine of not more than $10,000 or imprisonment 
for up to 2 years. FCC has no authority to initiate a criminal action 
against a subject for violation of the Act; instead, FCC must refer 
such a matter to the Department of Justice. 

* Debarment.[Footnote 11] FCC's debarment rules establish procedures to 
prevent persons who have been convicted of or held civilly liable for 
attempting to commit or committing a variety of offenses from engaging 
in activities with or related to universal service mechanisms. The 
offenses covered by the rule include criminal fraud, theft, 
embezzlement, forgery, bribery, falsification or destruction of 
records, making false statements, receiving stolen property, making 
false claims, and obstruction of justice or other fraud or criminal 
offense arising out of activities associated with or related to 
universal service mechanisms, such as the schools' and libraries' 
support mechanisms. 

* Equipment seizure (In Rem seizure). Primarily used in cases involving 
unlicensed or pirate radio stations where FCC field agents, in 
conjunction with the U.S. Marshal Service and the U.S. Attorney's 
Office, seize radio transmitting equipment. 

* Monetary forfeiture. A fine assessed for violation of the Act or FCC 
rules, orders, or terms and conditions of an authorization. The Act 
provides two methods by which FCC may assess monetary forfeitures. The 
most commonly used method is to issue a notice of apparent liability. 
This notice, which is a proposed action, informs the subject that FCC 
believes that a violation has occurred and that a forfeiture in a 
specified dollar amount is warranted. The other method is the issuance 
of a notice of opportunity for hearing. This hearing process is 
typically used in application hearing designation and revocation 
proceedings and entitles the subject to a full hearing before an 
administrative law judge. 

* Notice of violation. A notice generally issued by an FCC field office 
to an FCC-regulated entity concerning a violation of laws or rules that 
is identified during an inspection. The notice requires the subject to 
respond to the allegation and, based on the response, additional action 
may be taken. 

* Revocation of license. Reserved for the most egregious violations of 
the law that raise serious questions about a licensee's basic 
qualifications to be and remain a licensee. Such offenses include 
misrepresentation, lack of candor, and repeat violations of the Act or 
Commission rules and orders.[Footnote 12] 

The Commission may assess a monetary forfeiture for violations of the 
Act, the Commission's rules, a Commission order, or terms and 
conditions of an authorization. The Commission's general legal 
authority can be found in Section 503 of the Act.[Footnote 13] Section 
503 of the Act sets forth maximum forfeiture amounts for violations by 
licensees or regulated entities. Section 503(b) of the Act requires 
that the Commission take into account the nature, circumstances, 
extent, and gravity of the violation and, with respect to the violator, 
the degree of culpability, any history of prior offenses, ability to 
pay, and any other such matters as justice may require. These 
requirements are implemented by FCC rules.[Footnote 14] In 1997, to 
help implement these criteria, the Commission adopted Guidelines for 
Assessing Forfeitures.[Footnote 15] These guidelines are used to help 
determine the amount of a forfeiture for a specific violation and to 
provide a base forfeiture amount for most of the common violations. The 
base amount can be adjusted up or down, depending on the existence of 
factors meeting the adjustment criteria, such as a history of prior 
violations. Although the guidelines represent the general method for 
assessing forfeitures, the Commission has discretion to depart from 
them when appropriate. 

Section 503 (b) of the Act also limits the time within which FCC may 
assess a monetary forfeiture. For common carriers and all other 
entities except broadcast licensees, the notice of apparent liability 
or notice of opportunity for hearing is required to be issued within 1 
year of the violation. For broadcast licensees, the notice of apparent 
liability or notice of opportunity for hearing may be issued if the 
violation occurred during the current license term or within the last 
year, whichever is earlier. 

After a fine is assessed, information on the fine is sent to the Office 
of the Managing Director (OMD) for tracking and monitoring of payment. 
OMD has responsibility within FCC for keeping track of what fines have 
and have not been paid. The Enforcement Bureau receives reports from 
OMD and has access to OMD's database to monitor payment, as well. 
Although the Enforcement Bureau and the Commission have the legal 
authority to impose fines, the U.S. Department of Justice has the 
authority to collect unpaid fines. Thus, when a case is past due, the 
Enforcement Bureau refers the case to its Office of General Counsel, 
which then determines whether or not to refer the case to the U.S. 
Department of Justice for collection. Once the U.S. Department of 
Justice receives a referral from FCC's Office of General Counsel, it 
can decide whether or not to pursue a case or to collect a fine. 

Companies have several opportunities to respond to FCC's assessment of 
a monetary forfeiture. For example, after a notice of apparent 
liability is issued, a company may submit information, including 
financial information, and request that the fine amount be reduced or 
cancelled. If FCC decides to move forward with the fine (whether the 
original amount or a reduced amount) and the company disagrees with the 
fine, then the company can ask for the fine to be reviewed. Companies 
may request that the Commissioners review the fine by filing a petition 
for reconsideration of an Enforcement Bureau forfeiture order or 
submitting an application for review of a fine issued by the 
Commission. 

At any point during an investigation or after a fine has been assessed, 
a company may request to settle with FCC and enter into a consent 
decree. A consent decree terminates the investigation or forfeiture, 
and the subject of the investigation agrees to certain terms and 
conditions but typically does not admit or deny any wrongdoing. The 
terms and conditions usually include specific steps to correct the 
violation and ensure future compliance, as well as a voluntary monetary 
contribution to the U.S. Treasury. 

In commenting on a draft of this report, FCC disagreed with our 
description of its process for responding to consumer complaints and 
said that during the course of our review it began responding to 100 
percent of consumer complaints. Our description of FCC's process for 
responding to consumer complaints is based on information it provided 
to us during the course of our review. During the course of our review, 
FCC stated that it planned to change its process for responding to 
consumer complaints. However, in the 100 page attachment to its letter 
FCC did not provide any documentation explaining how or when the 
process changed. Thus, we were not able to evaluate any changes that 
FCC may have made to it process for responding to consumer complaints. 
As part our routine recommendation follow-up work, we will inquire 
about FCC's progress in this area. 

Complaints Received by FCC Have Increased and the Majority of 
Investigations Have Not Resulted in Enforcement Actions: 

Overall, FCC received and processed hundreds of thousands of complaints 
and conducted thousands of investigations but took a limited number of 
enforcement actions from 2003 through 2006. The number of consumer 
complaints received by CGB totaled about 454,000 and increased by about 
40 percent during this period. As of December 31, 2006, about 95 
percent of these complaints were closed. In addition, the Enforcement 
Bureau conducted about 46,000 investigations and closed about 39,000, 
of which almost 3,400 resulted in an enforcement action and about 
32,200 did not result in an enforcement action. About 7,200 
investigations remained open. According to FCC, it has collected about 
72 percent of the $73 million in monetary forfeitures and payments 
associated with consent decrees issued from 2003 through 2006. 

Complaints Received and Processed by FCC's CGB Have Increased: 

For calendar years 2003 through 2006, the number of complaints received 
by CGB totaled about 454,000 and grew, from almost 86,000 in 2003, to a 
high of about 132,000 in 2005, as shown in figure 1. Also, as shown in 
figure 1, the number of complaints processed during these years 
increased, reaching a high of 116,000 in 2005. 

Figure 1: Number of Complaints Received and Processed by the Consumer 
and Governmental Affairs Bureau, Calendar Years 2003 through 2006: 

[See PDF for image] 

This figure is a stacked vertical bar graph depicting the following 
data: 

Year: 2003; 
Complaints processed: 66,511; 
Complaints not processed: 19,313; 
Total number of complaints: 85,824. 

Year: 2004; 
Complaints processed: 101,328; 
Complaints not processed: 15,118; 
Total number of complaints: 116,446. 

Year: 2005; 
Complaints processed: 116,005; 
Complaints not processed: 16,044; 
Total number of complaints: 132,049. 

Year: 2006; 
Complaints processed: 100,633; 
Complaints not processed: 19,421; 
Total number of complaints: 120,054. 

Source: GAO analysis of CGB's database. 

[End of figure] 

In its written comments, FCC said that figure 1 only reflects the 
status of complaints received by CGB during the year in which the 
complaint was received and that the figure does not reflect complaints 
that were closed in subsequent years. This figure is designed to show a 
year-by-year analysis of the number of complaints received, processed, 
and not processed by CGB in the same year and is not designed to show 
the number of complaints that were received in one year and processed 
in a subsequent year. 

Furthermore, from 2003 through 2006, about 65 percent of the 454,000 
complaints received by CGB were about alleged violations of the FCC's 
TCPA rules, as well as billing and rates for wireline and wireless 
services, as shown in figure 2. TCPA complaints, which include 
allegations of failing to honor the do-not-call list request and 
soliciting during prohibited hours, increased, from almost 25,000 in 
2003, to a high of about 58,000 in 2005.[Footnote 16] In addition, 
complaints about billing and rates for wireline and wireless services 
increased, from almost 30,000 in 2003, to almost 36,000 in 2004; 
complaints then decreased to about 21,000 in 2006. These complaints 
included not receiving credits, refunds, or adjustments that were owed 
to the subscriber; questions about local, state, or federal taxes 
appearing on the complainant's bills; and premature termination of 
calls. The overall trend for programming issues, such as indecency, has 
been steadily upward. For example, this type of complaint increased, 
from about 700 in 2003, to almost 9,000 in 2006. 

Figure 2: Top 10 Complaints Received by the Consumer and Governmental 
Affairs Bureau, Calendar Years 2003 through 2006: 

[See PDF for image] 

This figure is a multiple horizontal bar graph depicting the following 
approximated data: 

Subject matter: TCPA (general solicitations): Complaints regarding the 
receipt of unsolicited calls or messages for the purpose of encouraging 
the purchase, rental, or investment in property, goods, or services; 
Number of complaints, 2003: approximately 25,000; 
Number of complaints, 2004: approximately 40,000; 
Number of complaints, 2005: approximately 58,000; 
Number of complaints, 2006: approximately 55,000; 
Total (2003-2006): 178,079. 

Subject matter: Billing and rates: Complaints regarding a number of 
issues, including airtime charges, roaming rates, credit, and refund 
adjustments; 
Number of complaints, 2003: approximately 29,000; 
Number of complaints, 2004: approximately 35,000; 
Number of complaints, 2005: approximately 32,000; 
Number of complaints, 2006: approximately 22,000; 
Total (2003-2006): 117,875. 

Subject matter: Referral to government agencies/FCC offices/states: 
Complaints beyond FCC’s jurisdiction, such as intrastate billing 
charges and expanded local calling service; 
Number of complaints, 2003: approximately 4,000; 
Number of complaints, 2004: approximately 5,000; 
Number of complaints, 2005: approximately 6,000; 
Number of complaints, 2006: approximately 5,000; 
Total (2003-2006): 20,757. 

Subject matter: Service related issues: Complaints regarding the 
quality of services provided by cable, satellite, wireless, and 
wireline providers; 
Number of complaints, 2003: approximately 3,000; 
Number of complaints, 2004: approximately 4,000; 
Number of complaints, 2005: approximately 7,000; 
Number of complaints, 2006: approximately 5,000; 
Total (2003-2006): 19,509. 

Subject matter: Carrier marketing and advertising: Complaints regarding 
advertising and marketing practices of carriers, including 
misrepresentation; 
Number of complaints, 2003: approximately 4,000; 
Number of complaints, 2004: approximately 5,000; 
Number of complaints, 2005: approximately 4,000; 
Number of complaints, 2006: approximately 3,000; 
Total (2003-2006): 17,568. 

Subject matter: Programming issues: Complaints regarding programs, such 
as those that allegedly contain indecent, obscene, or profane material; 
Number of complaints, 2003: approximately 1,000; 
Number of complaints, 2004: approximately 3,000; 
Number of complaints, 2005: approximately 4,000; 
Number of complaints, 2006: approximately 8,000; 
Total (2003-2006): 16,076. 

Subject matter: Number portability: Complaints regarding the porting of 
telephone numbers from a wireline to a wireless carrier or the reverse; 
Number of complaints, 2003: approximately 4,000; 
Number of complaints, 2004: approximately 6,000; 
Number of complaints, 2005: approximately 2,000; 
Number of complaints, 2006: approximately 2,000; 
Total (2003-2006): 13,824. 

Subject matter: Slamming: Complaints regarding the switching of a 
consumer’s telephone services from one telephone company, or from one 
calling plan, to another; 
Number of complaints, 2003: approximately 2,000; 
Number of complaints, 2004: approximately 5,000; 
Number of complaints, 2005: approximately 2,000; 
Number of complaints, 2006: approximately 1,000; 
Total (2003-2006): 10,374. 

Subject matter: Cramming: Complaints regarding unauthorized, 
misleading, or deceptive charges on a consumer’s telephone bill for 
services and products; 
Number of complaints, 2003: approximately 3,000; 
Number of complaints, 2004: approximately 2,000; 
Number of complaints, 2005: approximately 2,000; 
Number of complaints, 2006: approximately 2,000; 
Total (2003-2006): 8,915. 

Subject matter: Operator Service Provider issues: Complaints about a 
common carrier that provides services from public phones, including 
payphones, and those in hotels or motels; 
Number of complaints, 2003: approximately 2,000; 
Number of complaints, 2004: approximately 1,000; 
Number of complaints, 2005: approximately 1,500; 
Number of complaints, 2006: approximately 1,000; 
Total (2003-2006): 5,273. 

Subject matter: All other complaints: Complaints such as those 
regarding connection to cable service, closed captioning of video 
programs, digital subscriber lines, and may also include consumer 
inquiries; 
Number of complaints, 2003: approximately 8,000; 
Number of complaints, 2004: approximately 10,000; 
Number of complaints, 2005: approximately 13,500; 
Number of complaints, 2006: approximately 14,500. 
Total (2003-2006): 46,123. 

Source: GAO analysis of CGB's database. 

[End of figure] 

Our analysis of CGB's database shows that, as of December 31, 2006, CGB 
had processed almost 95 percent of the 454,000 complaints it received 
from 2003 through 2006. Of the 23,000 complaints that were not 
processed, about 84 percent, or 19,400, were pending for less than 1 
year, and about 16 percent, or almost 3,600, were pending for 1 to 4 
years, as shown in figure 3. Most of the complaints that remained 
pending were potential TCPA and billing violations. 

Figure 3: Number of Years Consumer and Governmental Affairs Bureau 
Complaints Were Pending, as of December 31, 2006: 

[See PDF for image] 

This figure is a vertical bar graph depicting the following data: 

Number of years: less than 1; 
Number of complaints: approximately 19,000. 

Number of years: 1-2; 
Number of complaints: approximately 3,800. 

Number of years: 2-3; 
Number of complaints: approximately 200. 

Number of years: 3-4; 
Number of complaints: nearly 0. 

Source: GAO analysis of CGB's database. 

[End of figure] 

Enforcement Bureau Opened and Closed a Large Number of Investigations, 
but Few Enforcement Actions Were Taken: 

Based on our analysis of FCC's Enforcement Bureau's databases for 
calendar years 2003 through 2006, the Enforcement Bureau opened a total 
of about 46,000 investigations that resulted from complaints it 
received directly, audits and inspections, self-initiated inquiries, 
and complaints it selected from CGB's database; the bureau closed about 
39,000 of these investigations.[Footnote 17] As shown in figure 4, the 
number of investigations the Enforcement Bureau opened between 2003 and 
2006 increased, from about 8,600 in 2003, to almost 19,600 in 2006, or 
about 127 percent. Similarly, the number of investigations closed by 
the Enforcement Bureau in the same year they were opened also 
increased, from about 7,400 in 2003, to almost 13,800 in 2006, or about 
85 percent. However, the number of investigations pending in the same 
year they were opened almost quadrupled--increasing from almost 1,200 
in 2003, to about 5,800 in 2006. In addition, while the number of 
investigations opened and closed increased in 2005 and 2006, the 
percentage of investigations closed in these years is starting to trend 
downward to about 78 and 70 percent, respectively, compared with about 
85 percent in 2003 and 2004. 

Figure 4: Number of Investigations Opened, Closed, and Pending by the 
Enforcement Bureau, Calendar Years 2003 through 2006: 

[See PDF for image] 

This figure is a stacked vertical bar graph depicting the following 
data: 

Year: 2003; 
Closed investigations: 7,447; 
Pending investigations: 1,174; 
Total number of investigations: 8,621. 

Year: 2004; 
Closed investigations: 7,052; 
Pending investigations: 1,236; 
Total number of investigations: 8,288. 

Year: 2005; 
Closed investigations: 7,654; 
Pending investigations: 2,111; 
Total number of investigations: 9,765. 

Year: 2006; 
Closed investigations: 13,764; 
Pending investigations: 5,829; 
Total number of investigations: 19,593. 

Source: GAO analysis of Enforcement Bureau's databases. 

[End of figure] 

Using the data that was available in the Enforcement Bureau's 
databases, we determined that about 9 percent, or almost 3,400 of the 
approximately 39,000 investigations, were closed with an enforcement 
action, and about 83 percent, or about 32,200 of the investigations, 
were listed as closed with no enforcement action, as shown in figure 5. 
We asked Enforcement Bureau officials to provide information on why 
investigations were closed with no enforcement action. They explained 
that investigations are generally closed for a number of reasons, 
including insufficient information or because no violation was found. 
Enforcement Bureau officials also stated that a time-consuming, manual 
review of the paper case files was necessary to provide specific 
information on its enforcement activities. We also were not able to 
determine whether enforcement actions were taken or not taken for the 
remaining 8 percent, or about 3,200 closed investigations, because the 
Enforcement Bureau's databases did not contain sufficient information 
on the disposition of the investigations. 

Figure 5: Disposition of Enforcement Bureau's 39,000 Closed 
Investigations, Calendar Years 2003 through 2006: 

[See PDF for image] 

This figure is a pie-chart, depicting the following data: 

Investigation closed with no enforcement action taken; unable to 
determine reason why from databases: 83%; 
Investigation closed; action taken: 9%; 
Investigation closed; unable to determine if enforcement action was 
taken: 8%. 

Source: GAO analysis of Enforcement Bureau's databases. 

Note: The information in this figure was derived entirely from our 
analysis of FCC's Enforcement Bureau's databases. This figure does not 
include 283 proceedings closed by the Market Disputes Resolution 
Division. Market Disputes Resolution Division cases result in FCC's 
issuance of an order to resolve a dispute between two companies, rather 
than a specific enforcement action taken by FCC against a subject. 

[End of figure] 

Enforcement actions can help correct identified compliance problems and 
deter future noncompliance. As shown in table 2, the majority of the 
investigations conducted from 2003 through 2006, which totaled about 
20,000, were potential violations regarding antenna lighting and 
structure requirements,[Footnote 18] junk faxes, domestic interference, 
and indecency. FCC took enforcement actions in about 1,300 of these 
investigations; admonishments, warnings, citations, and notices of 
violation were the primary actions taken. FCC rarely relied on more 
serious enforcement actions, such as issuing an order to cease and 
desist. According to FCC, it takes several factors into account, such 
as the nature and extent of the violation and whether the violator had 
any history of prior offenses, before determining the type of 
enforcement action. 

Table 2: Summary of Enforcement Bureau's Approximately 39,000 Closed 
Investigations, Calendar Years 2003 through 2006, Types of enforcement 
actions taken[A]: 

Type and number of investigations: Antenna lighting and structure 
requirements (9,241); 
Admonishment and warning: 320; 
Citation: [Empty]; 
Consent decree: [Empty]; 
Debarment: [Empty]; 
Monetary forfeiture[B]: 49; 
Notice of violation: 244; 
Closed; no action taken: 8,628; 
Unable to determine if any action was taken: [Empty]. 

Type and number of investigations: Junk fax (4,135); 
Admonishment and warning: [Empty]; 
Citation: 192; 
Consent decree: [Empty]; 
Debarment: [Empty]; 
Monetary forfeiture[B]: 1; 
Notice of violation: [Empty]; 
Closed; no action taken: 3,942; 
Unable to determine if any action was taken: [Empty]. 

Type and number of investigations: Domestic interference (3,539); 
Admonishment and warning: 221; 
Citation: 30; 
Consent decree: [Empty]; 
Debarment: [Empty]; 
Monetary forfeiture[B]: 54; 
Notice of violation: 114; 
Closed; no action taken: 3,120; 
Unable to determine if any action was taken: [Empty]. 

Type and number of investigations: Indecency (3,075); 
Admonishment and warning: [Empty]; 
Citation: [Empty]; 
Consent decree: 85; 
Debarment: [Empty]; 
Monetary forfeiture[B]: 11; 
Notice of violation: [Empty]; 
Closed; no action taken: 2,880; 
Unable to determine if any action was taken: 99. 

Type and number of investigations: Customer Proprietary Network 
Information (CPNI); certification (2,315); 
Admonishment and warning: [Empty]; 
Citation: [Empty]; 
Consent decree: [Empty]; 
Debarment: [Empty]; 
Monetary forfeiture[B]: [Empty]; 
Notice of violation: [Empty]; 
Closed; no action taken: 2,315; 
Unable to determine if any action was taken: [Empty]. 

Type and number of investigations: Audits of certification-based 
facilities (1,965); 
Admonishment and warning: 189; 
Citation: [Empty]; 
Consent decree: [Empty]; 
Debarment: [Empty]; 
Monetary forfeiture[B]: 72; 
Notice of violation: 92; 
Closed; no action taken: 1,612; 
Unable to determine if any action was taken: [Empty]. 

Type and number of investigations: Emergency Alert System requirements 
(1,533); 
Admonishment and warning: 230; 
Citation: [Empty]; 
Consent decree: [Empty]; 
Debarment: [Empty]; 
Monetary forfeiture[B]: 53; 
Notice of violation: 69; 
Closed; no action taken: 1,181; 
Unable to determine if any action was taken: [Empty]. 

Type and number of investigations: Due diligence (1,082)[C]; 
Admonishment and warning: [Empty]; 
Citation: [Empty]; 
Consent decree: [Empty]; 
Debarment: [Empty]; 
Monetary forfeiture[B]: [Empty]; 
Notice of violation: [Empty]; 
Closed; no action taken: 365; 
Unable to determine if any action was taken: 717. 

Type and number of investigations: Other general enforcement 
(1,079)[D]; 
Admonishment and warning: 34; 
Citation: 3; 
Consent decree: [Empty]; 
Debarment: [Empty]; 
Monetary forfeiture[B]: 5; 
Notice of violation: 6; 
Closed; no action taken: 1,031; 
Unable to determine if any action was taken: [Empty]. 

Type and number of investigations: 
Admonishment and warning: 98; 
Citation: 7; 
Consent decree: [Empty]; 
Debarment: [Empty]; 
Monetary forfeiture[B]: 6; 
Notice of violation: 142; 
Closed; no action taken: 769; 
Unable to determine if any action was taken: [Empty]. 

Type and number of investigations: All other investigations[E] (9,800); 
Admonishment and warning: 698; 
Citation: 124; 
Consent decree: 50; 
Debarment: 10; 
Monetary forfeiture[B]: 88; 
Notice of violation: 77; 
Closed; no action taken: 6,394; 
Unable to determine if any action was taken: 2,348. 

Type and number of investigations: Total (38,786); 
Admonishment and warning: 1,790; 
Citation: 356; 
Consent decree: 135; 
Debarment: 10; 
Monetary forfeiture[B]: 339; 
Notice of violation: 744; 
Closed; no action taken: 32,237[F]; 
Unable to determine if any action was taken: 3,164. 

Source: GAO analysis of Enforcement Bureau's databases. 

Note: The information in this table was derived entirely from our 
analysis of FCC's Enforcement Bureau's databases. 

[A] In addition to the enforcement actions listed in this table, the 
Enforcement Bureau took four civil/criminal actions and seven equipment 
seizures. 

[B] Monetary forfeiture also includes notice of apparent liability 
actions. 

[C] According to an Enforcement Bureau official, due diligence, though 
included in its databases, is not an investigation. Due diligence 
refers to a request made to the Enforcement Bureau for information 
concerning matters pending before the Bureau that might adversely 
impact a proposed transaction with a station or company. 

[D] FCC did not provide us with a definition for investigations it 
referred to as other general enforcement. 

[E] All other investigations includes, for example, Freedom of 
Information requests, Universal Service Fund, unlicensed and 
unauthorized operations, sponsorship identification, and unauthorized 
equipment enforcement. 

[F] This figure does not include 283 proceedings closed by the Market 
Disputes Resolution Division. 

[End of table] 

In its written comments FCC said that figure 5 and table 2 in our 
report understate or inaccurately state information about its 
enforcement record or systems. As such, FCC conducted its own analyses 
and provided us with the results of these analyses. However, while FCC 
did not provide its methodology, its overall approach differs 
significantly from the approach we used. Based on discussions with FCC 
officials, we analyzed the variables from its databases that contained 
information on enforcement actions and that could be searched for codes 
indicating particular types of actions, such as "citation" or "monetary 
forfeiture." We worked extensively with these officials to ensure that 
we searched for all of the appropriate codes for enforcement actions. 
However, in its comment letter, FCC acknowledged that it had to review 
about 46,000 paper case files and use its databases to determine the 
reasons why investigations were closed with no enforcement action. FCC 
also acknowledged that it conducted a manual review of a variable in 
its database that we could not use because of reliability concerns. As 
noted in our report, the data that we used for our analyses are derived 
directly from FCC's databases. We did not review the 46,000 paper case 
files that FCC maintains. Our focus was on the database systems for 
FCC's enforcement program. We continue to believe that FCC should have 
data management systems that will allow it to generate this type of 
information automatically, reliably, and regularly. 

According to FCC, it assessed fines and negotiated payments through 
consent decrees, which totaled about $73 million from 2003 through 
2006, and has collected about $53 million, or 72 percent. However, as 
shown in figure 6, the amount of the fines and payments negotiated 
through consent decrees decreased, from about $25 million in 2003 and 
$26 million in 2004, to almost $11 million in 2005 and $12 million in 
2006--a decrease of more than 50 percent. According to an Enforcement 
Bureau senior official, the phasing out of section 271 complaints may 
have contributed to this decrease.[Footnote 19] FCC staff also stated 
that the amount of fines and negotiated payments through consent 
decrees totaled about $43 million in 2007. 

Figure 6: Amount of Monetary Forfeitures Assessed and Payments 
Negotiated through Consent Decrees, Calendar Years 2003 through 2006 
(Dollars in millions): 

[See PDF for image] 

This figure is a vertical bar graph depicting the following data: 

Year: 2003; 
Amount of Forfeitures and Payments: approximately $25,000. 

Year: 2004; 
Amount of Forfeitures and Payments: approximately $26,000. 

Year: 2005; 
Amount of Forfeitures and Payments: approximately $10,000. 

Year: 2006; 
Amount of Forfeitures and Payments: approximately $11,000. 

Source: FCC. 

[End of figure] 

At the end of December 2006, the Enforcement Bureau had almost 7,200 
investigations that were pending resolution, as shown in figure 7. 
About 81 percent, or about 5,800, were pending for less than 1 year, 
and 19 percent, or almost 1,400, were pending from about 1 to 4 years. 
About 46 percent of the pending investigations were related to 
potential indecency violations, and about 800 of them remained open for 
more than 1 year. According to FCC, litigation has delayed resolution 
of many indecency investigations.[Footnote 20] 

Figure 7: Number of Years Enforcement Bureau Investigations Were 
Pending, as of December 31, 2006: 

[See PDF for image] 

This figure is a vertical bar graph depicting the following data: 

Number of years: less than 1; 
Number of investigations pending: approximately 5,800. 

Number of years: 1-2; 
Number of investigations pending: approximately 900. 

Number of years: 2-3; 
Number of investigations pending: approximately 400. 

Number of years: 3-4; 
Number of investigations pending: nearly 0. 

Source: GAO analysis of FCC data. 

[End of figure] 

It is difficult to fully determine the reasons why the trends we 
identified occurred. FCC officials were not able to explain or provide 
documentation on why the number of complaints, investigations, and 
enforcement actions fluctuated from 2003 through 2006. While we were 
able to use FCC enforcement data to identify some overall trends, FCC 
had not systematically identified trends related to enforcement issues 
associated with its overall mission, and we were not able to use the 
data to determine why the trends occurred. Apart from providing 
requested information for our analysis of FCC's enforcement data, the 
Enforcement Bureau has taken few steps to analyze the Commission's 
existing data to determine the reasons for the fluctuations in 
complaints received, investigations conducted, and enforcement actions 
taken. FCC has not systematically analyzed its existing enforcement 
data to identify factors that might account for the year-to-year 
fluctuations we found in the data. While FCC has an array of 
enforcement actions that it may take, performing this type of analysis 
may help in assessing the effectiveness of the enforcement program and 
the utility of FCC's enforcement actions. 

FCC's Enforcement Bureau Assesses Some Program Outputs, but Lacks Key 
Management Tools to Measure Outcomes and Manage Its Program: 

FCC's Enforcement Bureau periodically reviews some of its enforcement 
program outputs to determine how well it is doing in certain areas but 
does not use its data to evaluate the outcomes of its enforcement 
efforts. The Enforcement Bureau's ability to assess the impact of its 
enforcement program is limited because it does not have a well-defined 
enforcement strategy, specific enforcement goals, or performance 
measures. We have previously reported that a key element in an 
organization's efforts to manage for results is its ability to select 
meaningful performance goals and measures. Without these key management 
tools, FCC faces challenges in managing its enforcement program and in 
fully assuring Congress and other stakeholders that it is meeting its 
enforcement mission and related objectives of the Act, which include 
protecting the consumer, ensuring public safety, and encouraging 
competition. 

FCC's Enforcement Bureau Measures Outputs Rather Than Outcomes: 

FCC has focused on measuring the outputs of its enforcement program and 
not on measuring outcomes or the net effect of its program. For 
example, Enforcement Bureau officials told us that two measures they 
use to determine how well they are doing are whether they have met the 
statute of limitations for monetary forfeitures and how long it takes 
to close a case. However, Enforcement Bureau officials told us that to 
prepare written reports on these two output measures, data must be 
compiled from several different databases, as well as from a manual 
search of thousands of paper case files. In addition, each of the 
Enforcement Bureau's five divisions described a different method for 
measuring its performance. For example, three divisions (Spectrum 
Enforcement, Investigations and Hearings, and the Field Offices) told 
us they know their actions are effective because they handle 100 
percent of the complaints they receive. The Telecommunications Consumer 
Division generally assesses its effectiveness on a case-by-case basis 
through staff dialogue, and the Market Disputes Resolution Division 
measures its effectiveness by the percentage of proceedings, that meet 
statutory deadlines, and the amount of time taken to close cases. 

While measures of outputs are useful, measures of outcomes are also 
important because they can provide FCC with broader information on 
program results, such as the extent to which its current enforcement 
efforts are contributing to higher compliance rates or fewer repeat 
violations or whether other types of enforcement action may be needed 
to deter noncompliance. Currently, FCC's Enforcement Bureau conducts 
limited analyses of its enforcement data. For example, the Enforcement 
Bureau monitors the amount of time it takes to close an investigation, 
but it does not measure the effect of one of its key enforcement tools-
-monetary forfeitures--on companies' compliance with telecommunications 
laws and Commission rules. Without this information, it is difficult 
for FCC to make sound decisions about how this program might be made 
more effective. In addition, FCC created the Enforcement Bureau in 1999 
because it wanted to enhance the Commission's ability to serve the 
public by improving the effectiveness of the enforcement program. 
However, FCC has not analyzed the impact of this new organizational 
structure to determine if it is more effective and efficient than the 
previous decentralized structure, under which several bureaus were 
responsible for enforcing telecommunications laws and Commission rules. 
According to Enforcement Bureau officials, they believe that 
centralizing enforcement efforts has been effective because it has 
enabled the bureau to establish standard procedures across all issue 
areas, resulting in more consistent and effective enforcement, and has 
also brought greater visibility and importance to the enforcement 
function. As a measure of the program's effectiveness, Enforcement 
Bureau officials pointed out that the efforts of the bureau have 
garnered headlines in the mainstream press and have been cited by a 
wide range of citizens and industry participants. 

We asked several stakeholders, including telecommunications company 
executives and telecommunications experts, for their views on the 
impact of FCC's enforcement efforts.[Footnote 21] Eleven of the fifteen 
executives we interviewed stated that they believe FCC's enforcement 
program is having an impact on the telecommunications industry, and 
four of the five experts we interviewed said they thought FCC was 
having a positive effect on the telecommunications industry. For 
example, one expert stated that FCC is doing a good job, particularly 
in protecting consumers; another said that the Enforcement Bureau has 
had an impact on reducing intentional interference and ensuring public 
safety; and a third said that FCC's Enforcement Bureau has been 
effective in working with the states to address slamming and cramming 
issues. However, all five experts and 9 of the 15 executives we 
interviewed were also critical of FCC's enforcement efforts. The 9 
executives said that FCC's enforcement decisions are not always 
equitable, and 6 of the 9 stated that FCC's enforcement actions were 
not always transparent. For example, 1 executive said that the use of 
consent decrees lacked both transparency and equity because there was 
no indication as to how the final result was determined and parties to 
the consent decree did not know how prior consent decrees involving the 
same alleged violation were handled. Another executive told us that the 
focus of FCC's investigations appeared to be arbitrary and based on the 
issues of the moment, resulting in inequitable enforcement actions. One 
expert stated that whenever FCC makes an enforcement decision, there is 
always the possibility that negotiations behind the scenes are not 
subject to public review. 

FCC's Enforcement Bureau Has Not Fully Defined Its Strategy and Has No 
Specific Goals or Performance Measures: 

FCC's Enforcement Bureau has not fully defined its strategy for 
carrying out its enforcement of consumer protection, public safety, and 
competition laws and rules. FCC's Web site states that "the Enforcement 
Bureau is the primary organizational unit within the Federal 
Communications Commission that is responsible for enforcement of 
provisions of the Communications Act, the Commission's rules, 
Commission orders and terms and conditions of station authorizations." 
However, FCC's Strategic Plan for 2006 through 2011, Fiscal Year 2006 
Performance and Accountability Report, and Fiscal Year 2006 
Congressional Justification of Estimates do not identify specific 
enforcement goals or performance measures linked to those goals that 
would allow a complete assessment of the results of FCC's enforcement 
program.[Footnote 22] In addition, while the Enforcement Bureau has an 
enforcement manual that provides general guidance on conducting 
investigations, the various types of enforcement actions it can take, 
and how each should be used, the manual does not specify enforcement 
goals or priorities relating to consumer protection, public safety, and 
competition. 

Federal agencies are required to develop strategic plans with long- 
term, outcome-oriented goals and objectives, annual goals linked to 
achieving the long-term goals, and annual reports on the results 
achieved.[Footnote 23] An analysis of FCC's Strategic Plan for 2006 
through 2011, Fiscal Year 2006 Performance and Accountability Report, 
and Fiscal Year 2006 Congressional Justification of Estimates shows 
that, although there are strategic goals for FCC, there are no 
strategic or performance goals pertaining to the Enforcement Bureau. 
For example, in its Strategic Plan for 2006 through 2011, FCC lists 
goals in six categories: broadband, competition, spectrum, media, 
public safety and homeland security, and FCC modernization. Each of 
these strategic goals is supported by a number of objectives showing 
how FCC will meet these goals. Several of the objectives include the 
term "enforcement," such as the objective that states, "the Commission 
shall vigorously enforce its spectrum regulations and policies," but 
there are no specific or measurable enforcement actions indicated. The 
Fiscal Year 2006 Performance and Accountability Report also illustrates 
the lack of specific performance measures relating to enforcement. In 
the section on program performance, there are performance goals for 
each of the six strategic goals. While some of these performance goals 
do include the term "enforcement," such as in the statement "enforce 
the Commission's rules for the benefit of consumers," no specific, 
measurable actions are listed. Additionally, in the Fiscal Year 2006 
Congressional Justification of Estimates, FCC uses a performance 
measure scorecard to identify its activities of the past year in 
support of each of its six strategic goals. One of the activities in 
support of homeland security is to "enforce technical regulations and 
investigate harmful interference complaints affecting public safety 
communications systems and infrastructure." FCC rated itself as having 
met this goal, although there are no specific actions listed and no 
indication of how much activity is required for FCC to meet the goal. 

Enforcement Bureau officials told us that the bureau has not set 
specific goals and performance measures because its priorities are 
constantly changing. Officials explained that the Enforcement Bureau is 
responsive to a number of stakeholders--Congress, Commissioners, the 
public--and the priorities of those stakeholders change. In addition, 
the Enforcement Bureau is responsible for enforcing a wide range of 
rules and issues, and current enforcement priorities may not be future 
enforcement priorities. For example, according to an FCC official, 
issues regarding the transition to digital television have become a 
high priority, but after February 2009, when the transition takes 
place, these issues will no longer be as significant. However, we found 
that the Enforcement Bureau had specific enforcement goals and 
performance measures in the past. For example, in its fiscal year 2004 
annual performance plan, FCC specified the following performance goals 
relating to enforcement and stated that it met these goals: 

* achieve a 10 percent reduction in the number of long-distance 
slamming complaints in 2000, a 20 percent reduction in 2001, and a 40 
percent reduction in 2002; 

* achieve 65 percent compliance with new disability rules in 2000, 80 
percent compliance in 2001, and 85 percent compliance in 2002; and: 

* achieve 85 percent compliance with antenna lighting rules in 2000, 90 
percent compliance in 2001, and 92 percent compliance in 2002. 

The Federal Trade Commission (FTC), which shares responsibility with 
FCC for consumer protection against violations of the do-not-call list 
request and telemarketing fraud, has developed goals and performance 
measures to assess the results of its enforcement program. For example, 
one of FTC's strategic goals is to maintain competition by identifying 
and taking enforcement action against anticompetitive mergers and 
practices that cause the greatest injury to consumers. In support of 
this goal, they have established performance measures, one of which is 
to achieve a positive result in at least 80 percent of the cases in 
which the FTC takes enforcement action each year. According to FTC 
officials, setting specific goals and performance measures allows them 
to target their enforcement activities and more efficiently use their 
limited resources. 

Goals and Performance Measures Are Key Elements of Effective 
Management: 

We have previously reported that a key element in an organization's 
efforts to manage for results is its ability to set meaningful 
performance goals and measures and agencies should create a set of 
performance goals that address key aspects of program performance. We 
and other federal agencies have also maintained that adequate and 
reliable performance measures are a necessary component of effective 
management. [Footnote 24] We have also found that performance measures 
should provide agency managers with timely, action-oriented information 
in a format conducive to helping them make decisions that improve 
program performance, including decisions to adjust policies and 
priorities.[Footnote 25] However, FCC does not appear to be using these 
key management practices to manage the work of its Enforcement Bureau. 

In 2006, we recommended that FCC develop goals and performance measures 
for its program pertaining to the enforcement of junk fax rules. FCC 
has told us it is in the process of implementing some of those 
recommendations. For example, in 2006, we found that FCC's Enforcement 
Bureau did not have goals or performance measures for junk fax 
monitoring and was not performing any analysis of complaint and 
enforcement data, making it impossible to explore the effectiveness of 
their current enforcement measures.[Footnote 26] FCC acknowledged the 
need for such measures and, in July 2007, told us it had begun drafting 
such goals and performance measures. The Commission has also recognized 
the need for more data to measure performance, as indicated by a 
directive from FCC's OMD issued in May 2007. This directive outlines 
FCC's plans to begin collecting and analyzing data to measure the 
performance of Commission programs that involve the processing of 
applications or other filings from the public or other private 
entities. An Enforcement Bureau official told us that the bureau will 
respond to this directive by gathering data that could be used to help 
FCC better manage its enforcement program. Although these efforts, when 
completed, will begin to address the Enforcement Bureau's lack of 
specific program goals and performance measures, the Enforcement Bureau 
will not have goals or performance measures for several of its 
divisions, such as the Investigations and Hearings Division or the 
Market Disputes Resolution Division. Without goals, a well-defined 
enforcement strategy, and performance measures linked to those goals, 
the Commission lacks important tools for assessing and reporting on the 
progress of its enforcement program and determining whether changes 
should be made. 

FCC disagreed with our finding that it has no specific enforcement 
goals or performance measures. In its comments, FCC stated that its 
performance goals for disposing of complaints are 1 day for public 
safety interference complaints, 1 month for nonemergency interference 
complaints, and 9 months for indecency complaints. We view FCC's 
efforts to collect, track, and report data for such goals as first 
steps toward performance management, and we encourage FCC to ensure 
that it consistently includes this information in its future 
Performance and Accountability Reports. However, as we state in our 
report, such goals are measures of outputs and are useful as indicators 
of program activities, but measures of outcomes, such as the extent to 
which FCC's current enforcement efforts are contributing to higher 
compliance rates or fewer repeat violations may be more important 
because they can provide FCC with broader information on program 
results. 

An Inadequate Data Management System Challenges the Enforcement 
Bureau's Ability to Carry Out Its Responsibilities: 

Limitations with FCC's current approach for collecting and analyzing 
enforcement data challenge the ability of the Enforcement Bureau to 
carry out its enforcement responsibilities, making it difficult for the 
bureau and others to determine the enforcement program's effectiveness 
or for the bureau to accurately track and monitor data on complaints 
received, investigations conducted, and enforcement actions taken. 
Currently, the Enforcement Bureau uses several separate databases and 
manually searches paper case files to track and monitor its enforcement 
activities. Consequently, we could not use the Enforcement Bureau's 
databases to obtain bureau-level information on the percentage of 
monetary forfeitures assessed within FCC's statute of limitations, the 
speed with which FCC disposed of complaints, the reasons for closing 
investigations with no enforcement action, or the amounts of the fines 
FCC assessed. Our past work has shown that when data management systems 
are not integrated and compatible, excessive use of resources and 
inconsistent analyses of program results can occur. 

The Enforcement Bureau has five databases, one for each of its five 
divisions. However, these databases are not standardized and do not 
track the same information in the same manner. FCC officials explained 
that when the Enforcement Bureau was created in 1999, it inherited 
these databases from the various bureaus and, partly because of budget 
constraints, cobbled them together rather than create a single, 
standardized, automated data management system. These officials 
acknowledged that the databases have limitations and were created only 
to manage staff workload, not to track the history of cases or measure 
performance.[Footnote 27] 

While the Enforcement Bureau's databases do contain some information, 
our analysis of their files indicates that this information is not 
sufficient to measure certain important aspects of FCC's enforcement 
program. For example, when we tried to determine whether FCC met the 
statute of limitations for assessing monetary forfeitures, we could not 
determine how many cases the Enforcement Bureau resolved within the 
statutory deadline because the databases did not contain sufficient 
information. Specifically, the Investigations and Hearings Division's 
database was missing 84 percent, the Telecommunications Consumers 
Division's database was missing 99 percent, and the Spectrum 
Enforcement Division's database was missing 99 percent of the 
information needed to determine whether FCC met the statute of 
limitations for assessing monetary forfeitures. Of the remaining two 
databases, one (for Field Offices) would allow the statutory deadline 
to be determined for investigations that were closed with an 
enforcement action, but not for investigations that were closed with no 
enforcement action because the database does not include a field for 
the date of the alleged violation. The other database is managed by the 
Market Disputes Resolution Division; according to Enforcement Bureau 
officials, the majority of the division's investigations do not have a 
statute of limitations involving forfeitures, and the database does not 
have a field for this information.[Footnote 28] 

We were also unable to determine how long it took the Enforcement 
Bureau to open and close investigations for three of its five divisions 
because of how the required information is entered into the databases. 
Enforcement Bureau personnel did not always enter the dates into the 
database and, when a date was entered, it was not always clear what the 
date represented. For example, it was unclear whether the date entered 
was the date of the initial or the final enforcement action. More 
specifically, according to one Investigations and Hearings Division 
official, it would be difficult to calculate the speed of disposal 
times for investigations in its database because entering the date when 
an investigation was closed was not always a priority for the division 
and its database does not track all milestones in an investigation. 
While the Spectrum Enforcement Division's database has fields for 
opening and closing dates, we were not able to calculate the speed of 
disposal because we could not always determine what the closing date 
represented. According to Enforcement Bureau officials, the 
Telecommunications Consumers Division's database cannot determine the 
speed of disposal for investigations because some investigations 
tracked in the database have been closed at one point with an 
enforcement action but have subsequently been reopened to consider the 
next stage of enforcement. This reopening affects both the number of 
enforcement actions tracked in the database and the speed of 
disposition. In addition, cases that were initially closed but then 
reopened, and left pending for some time after being reopened, would be 
tracked back to the initial date and would appear to have taken a long 
time to close. As a result, data for such cases would skew calculations 
of the average speed of disposition for all of the Telecommunications 
Consumers Division's enforcement actions. 

We were also unable to use the Enforcement Bureau divisions' databases 
to determine the amounts of the fines the bureau had assessed, the 
amount collected, or the status of the uncollected amount. We could not 
determine this information because several of the database fields 
relating to fines either were missing information or did not contain 
sufficient information to allow for data analysis.[Footnote 29] For 
example, while the Investigations and Hearings Division's database 
tracks the amounts of the fines assessed, the information is not 
consistently entered into the database and there are no distinct fields 
for the amounts initially assessed, reduced, collected, or outstanding. 
In addition, we found that the database used by the Telecommunications 
Consumers Division had a table for tracking fines, but data were not 
entered into the table consistently. FCC officials told us that they 
could generate information on fines and other aspects of the agency's 
enforcement program by manually searching thousands of paper files. 

Finally, during the course of our review, we could not use FCC's 
databases to determine how many of the 32,200 investigations that were 
closed with no enforcement action from 2003 through 2006 were closed 
because no violation was found, because of insufficient information, 
because the statute of limitations had expired, or because of other 
reasons. We were not able to make this determination because FCC did 
not collect the information systematically, which hampered our ability 
to analyze its enforcement efforts. Specifically, we found that the 
Investigations and Hearings and the Telecommunications Consumers 
Divisions' databases did not clearly indicate whether a case was closed 
because no violation was found or because of other reasons. The 
Spectrum Enforcement Division entered some information specific to why 
investigations were closed with no enforcement action in text fields, 
but the information was not entered in a way that would allow for 
quantitative analysis. While the Field Office database allows for some 
determination of when investigations were closed with no enforcement 
action, we had to follow up with Field Office officials to obtain the 
specific reasons. In addition, we could not use the database to 
determine why the majority of their investigations were closed with no 
enforcement action. According to Field Office officials, the majority 
of their investigations do not result in an enforcement action because, 
generally, no Commission rules were violated. For FCC to analyze the 83 
percent of investigations that did not result in an enforcement action, 
it would have to (1) access files for all of those cases, (2) ensure 
that the files contained sufficient information for a reviewer to 
reconstruct the reasons for no action, and (3) establish and implement 
procedures that would ensure consistency and accuracy in the review. 
FCC could also review a statistical sample of the cases in which no 
action was taken, rather than the entire universe of such cases. The 
review procedures should include clear guidance for reviewers to 
categorize the reasons for no action and provide a means for checking 
the accuracy and consistency of the reviewers. 

Conclusions: 

The extent to which FCC is effectively enforcing the Communications Act 
of 1934, as amended, and Commission rules and orders is difficult to 
assess because it lacks a robust data management system, as well as 
performance goals and measures. For example, a more robust data 
management system for monitoring complaints, investigations, and 
enforcement actions is critical for the agency to better understand the 
outcome and net results of its enforcement efforts. In past reports, we 
have discussed the importance of maintaining timely and accurate data 
to help monitor and improve the effectiveness of government programs. 
We have found that, in order to make informed decisions and ensure 
accountability, agencies need data management systems that can generate 
timely, accurate, and useful information. Lacking such critical 
information, government leaders are not able to invest resources where 
they are needed, reduce costs, or fully oversee programs; they are also 
unable to hold agency managers accountable for the outcomes of 
government programs. We also found that agencies that do not have 
integrated data management systems are more likely to devote more time 
and resources to collecting information than those with integrated 
systems and that opportunities for errors increase when agency systems 
are not compatible. 

Moreover, beyond our analysis of FCC's enforcement data, there have 
been limited efforts to analyze the Commission's existing data to 
identify trends and determine the reasons for the year-to-year 
fluctuations in the number of complaints received, investigations 
conducted, and enforcement actions taken. FCC has not systematically 
analyzed its existing data to identify factors that might account for 
these fluctuations and to assess their implications for the enforcement 
program. As demonstrated by our analysis of FCC's enforcement data, the 
Commission does have some information available, despite data 
limitations, to analyze enforcement outputs and outcomes in a manner 
that could provide more reliable, useful, and timely information for 
managing its day-to-day operations and to make more informed decisions 
about its enforcement efforts. In addition, improvements in existing 
data management could make this type of analysis more useful and could 
enhance FCC's ability to provide Congress and other stakeholders with 
accurate and timely information on its enforcement program. This 
information could also help the Enforcement Bureau determine whether 
different policy options might be more effective in implementing the 
enforcement program. 

The extent to which the Enforcement Bureau is achieving its mission is 
difficult to determine because the bureau does not use several 
important performance management tools. FCC's Enforcement Bureau has 
not set specific enforcement goals, developed a well-defined strategy 
for achieving those goals, or established performance measures linked 
to goals. Performance measures of program results are important for 
several reasons. First, they can help hold agencies accountable for the 
performance of their programs. Among other things, measures of 
enforcement results may help FCC allocate limited resources where they 
are most needed and determine if rules and procedures should be changed 
to deter potential violators. Second, Congress needs information on 
program results to support its oversight of agencies and their budgets. 
Third, stakeholders can use this information to accurately judge 
program effectiveness. 

Recommendations for Executive Action: 

To develop a more effective approach to enforcing telecommunications 
laws and Commission rules, we recommend that the Chairman of the 
Federal Communications Commission: 

* improve how FCC collects and analyzes data on complaints received, 
investigations conducted, and enforcement actions taken to help it 
better manage and understand the outcomes and net results of 
enforcement efforts and to provide Congress and stakeholders with 
timely and accurate information that can be used to hold FCC's 
enforcement program accountable for accomplishing its mission under the 
Act; and: 

* develop and implement additional performance management practices, 
such as outcome measures, to assess the performance and improve the 
accountability of FCC's enforcement program. 

Agency Comments and Our Evaluation: 

We provided a draft of our report to FCC for review and comment. FCC 
commented that it has already implemented measures that address both of 
our recommendations, but it provided no supporting documentation. In 
addition, FCC disagreed with our methodology and several of our 
findings. FCC's detailed comments appear in appendix II. FCC also 
provided over 100 pages of attachments in its comments. Because these 
attachments cover time periods that are after the scope of our audit 
and are voluminous, we have decided to characterize the attachments 
rather than include them in their entirety.[Footnote 30] FCC also 
provided technical and legal clarifications, which we incorporated as 
appropriate. In appendix I, we also clarified our methodology for 
analyzing FCC's databases. These technical and legal changes did not 
affect our findings, conclusions, or recommendations. 

In FCC's view, it has already implemented measures that address both of 
our recommendations. Concerning our first recommendation, FCC said that 
during the period of our audit (2003 through 2006), the Commission was 
already aware of the challenges posed by its limited information 
systems and database management resources and already had plans in 
place to improve its enforcement data collection methods and process. 
By July 2007, FCC said, the Commission had secured congressional 
approval to make significant modifications to the databases and systems 
used to support its enforcement activities. Concerning our second 
recommendation, FCC noted that it has implemented standardized 
enforcement performance goals to better manage the enforcement process 
and to automate portions of this process. Moreover, according to FCC, 
goals and measures for managing the enforcement process have been 
incorporated for the first time into the performance plans of the 
senior executives responsible for oversight of the enforcement program 
and that information about these efforts is included in the 
Commission's Fiscal Year 2007 Performance and Accountability Report. 
Finally, FCC said that we based our conclusions and recommendations on 
significantly outdated information and that our report contains several 
errors. As a result of these errors, FCC said, our report provides a 
misleading description of FCC's current enforcement processes, 
understates or inaccurately states information about FCC's enforcement 
record or systems, and provides an incomplete and misleading picture of 
FCC's legal enforcement environment. 

We are pleased that FCC may be taking some steps toward implementing 
our recommendations, but we disagree with FCC that it has already fully 
implemented them; we also disagree with FCC's criticisms of our 
methodology and findings. We believe that our report provides an 
accurate and sufficient overview of FCC's processes for handling 
complaints, conducting investigations, and taking enforcement actions 
and the results of FCC's efforts to enforce telecommunications laws and 
the Commission's rules from 2003 through 2006. We also exercised the 
due diligence in writing our report to ensure we explained that the 
results of our analysis are based entirely on FCC's databases. In our 
view, FCC's concerns about the accuracy of our findings stem from (1) 
the challenges FCC faces in not having a data management system that 
will allow it to systematically collect and analyze information about 
complaints, investigations, and enforcement actions and (2) the 
Commission's use of an approach that differs significantly from ours. 
We discuss the challenges posed by FCC's data management system in our 
report and point out that without improvements such as we recommend, 
FCC cannot readily analyze trends, determine program effectiveness, 
allocate Commission resources, or accurately track and monitor key 
aspects of all complaints received, investigations conducted, and 
enforcement actions taken. In addition, the Commission's use of data 
for 2007 and data from paper case files, both of which were outside the 
scope of our analysis, necessarily led to findings that differed from 
ours. These differences, however, do not affect the appropriateness of 
our methodology or the accuracy of our findings. 

In commenting that it has already implemented our first recommendation-
-to improve how it collects and analyzes data on complaints received, 
investigations conducted, and enforcement actions taken--FCC stated 
that its Managing Director wrote Congress on June 27, 2007, asking for 
approval to upgrade its databases and that FCC expected the final 
delivery of system enhancements this year. While we are pleased that 
FCC has taken this step, on July 26, 2007, the Chief of FCC's 
Enforcement Bureau stated that the funds would be used to enhance CGB's 
database for processing junk fax and do-not-call list request 
complaints and that FCC has no specific plans or time frames for 
upgrading the Enforcement Bureau's databases. In its comments, FCC did 
not provide any additional information that changes our understanding 
of the Enforcement Bureau's plans to upgrade it databases systems. 
Thus, it is not apparent to us how enhancements to CGB's database will 
address the weaknesses with the Enforcement Bureau's databases. 
Therefore, we do not believe that FCC has yet fully implemented our 
first recommendation. 

In commenting that it has already implemented our second 
recommendation--that it develop and implement performance management 
practices for the Enforcement Bureau, such as a well-defined 
enforcement strategy that includes specific goals and performance 
measures--FCC cited its implementation of standardized enforcement 
performance goals, its incorporation of enforcement goals and measures 
in the performance plans of its senior executives responsible for 
enforcement oversight, and its inclusion of this information in its 
Fiscal Year 2007 Performance and Accountability Report. The performance 
goals that FCC cited for disposing of complaints are 1 day for public 
safety interference complaints, 1 month for nonemergency interference 
complaints, and 9 months for indecency complaints. We view FCC's 
efforts to collect, track, and report data for such goals as first 
steps towards performance management, and we encourage FCC to ensure 
that it consistently includes this information in its future 
Performance and Accountability Reports. However, as we state in our 
report, such goals are measures of outputs and are useful as indicators 
of program activities, but are not measures of outcomes, such as the 
extent to which FCC's current enforcement efforts are contributing to 
higher compliance rates or fewer repeat violations. These outcome 
measures are necessary to determine a broader perspective on program 
results. Thus, while FCC has begun to develop and implement performance 
management practices, we believe that further efforts are needed for 
FCC to fully implement our recommendation. 

FCC disagreed with our methodology and our findings, conducted its own 
analyses, and included the results of these analyses in attachments to 
its comments. According to FCC, its results are more accurate than 
ours. We disagree and believe that our results represent an accurate 
analysis of the relevant information in FCC's databases. Whereas we 
used data only from FCC's databases, FCC used information from both its 
databases and its approximately 46,000 paper case files. In addition, 
because FCC's databases are frequently updated and it analyzed data a 
year after we received our data, we believe this could have contributed 
to the differences in our results. As part of our routine 
recommendation follow-up work, we will assess FCC's progress in 2007. 

According to FCC, the data for 2003 through 2006 that we used are out 
of date. However, these are the most recent data for complete years 
that were available to us at the time of our review. In conducting our 
audit work, we often select data for the last 3 or 4 years to analyze 
because it allows us to ensure the consistency and integrity of the 
data, identify trends, and understand information over time. We 
initially designed our analysis to cover a longer time period and 
requested data from FCC for 2000 through 2006, but FCC was not able to 
provide us with CGB's data from 2000 through 2003 because data prior to 
2003 had been purged from its files. To be consistent in our reporting, 
we analyzed data from CGB and the Enforcement Bureau for the same time 
period, 2003 through 2006. 

FCC also stated that our report does not acknowledge or assess its new 
process for handling consumer complaints. We disagree. Our description 
of FCC's process for responding to consumer complaints is based on 
information it provided to us during the course of our review. During 
the course of our review, FCC stated that it planned to change its 
process for responding to consumer complaints. However, FCC did not 
provide any documentation explaining how or when. Thus, we were not 
able to evaluate any changes that FCC may have made to it process for 
responding to consumer complaints. 

FCC also disagreed with our finding that 83 percent of its 
investigations were closed with no enforcement actions and that there 
were no justifications for these closures in its databases. In its 
comments, FCC stated that its analysis of its databases and paper case 
files showed that 85 percent of its investigations were closed with no 
enforcement actions and 96 percent of these closures were due to 
findings of compliance or insufficient information from the 
complainant. To determine the reasons why investigations were closed, 
we attempted to identify a reliable variable in FCC's enforcement 
database that clearly categorized the justifications for closing an 
investigation with no enforcement action. No such variable exists. As 
an alternative, FCC referred us to open-ended text variables in the 
course of our audit work. We reviewed these variables, and in June 
2007, told FCC officials that we could not use these variables because 
many of the database fields were frequently blank or, if completed, 
contained varying amounts of text to justify the actions or lack 
thereof. While such information may be useful to the FCC analysts 
working on the investigations, they are not useful or usable for 
management information purposes. In addition, as FCC acknowledged in 
its comments, to determine the reasons why its investigations were 
closed with no enforcement action, it had to use approximately 46,000 
paper case files. As noted in our report, the data that we used for our 
analysis are derived entirely from FCC's databases. We did not review 
the 46,000 paper case files that FCC maintains. Our focus was on the 
database systems for FCC's enforcement program. FCC also acknowledged 
that it conducted a manual review of a variable that indicated 
enforcement action codes we could not search with any reliability. 
While our analyses are accurate based on the database variables we 
analyzed, we acknowledge that they do not account for information that 
FCC retained in paper case files and did not enter into its databases 
or for information that was entered in data fields that we could not 
search with our computer routines. Our understanding is that FCC 
analysts reviewed the information from its databases and paper case 
files and categorized the reasons for approximately 46,000 
investigations after we conducted our initial analysis. We believe that 
FCC should have data management systems that allow it to generate this 
type of information automatically, reliably, and regularly. Therefore, 
we stand by our recommendation that FCC needs to improve how it 
collects and analyzes data on complaints received, investigations 
conducted, and enforcement actions taken because we do not believe that 
managing a program by reviewing 46,000 paper case files constitutes a 
good management practice. 

Finally, we continue to believe that the findings, conclusions, and 
recommendations in our report are accurate and can improve how FCC 
manages its enforcement program. We also believe that FCC will continue 
to have difficulty providing Congress and other stakeholders with 
accurate and timely information on its enforcement efforts if it does 
not take additional steps to fully address our recommendations. 

As agreed with your office, 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. At that time, we will send copies of 
this report to the appropriate congressional committees and the 
Chairman of the Federal Communications Commission. We will also make 
copies available to others on request. 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, 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. GAO staff who made major contributions to this 
report are listed in appendix III. 

Sincerely yours, 

Signed by: 

Mark L. Goldstein: 
Director, Physical Infrastructure Issues: 

[End of section] 

Appendix I: Scope and Methodology: 

To summarize the number and types of complaints received, 
investigations conducted, and enforcement actions taken by the Federal 
Communications Commission (FCC) during calendar years 2003 through 
2006, we obtained six different databases from FCC in various formats. 
FCC's Enforcement Bureau provided four Microsoft Access databases and 
one fixed-width delimited text file, which had several text files 
linked by a single unique identifier. FCC's Consumer and Governmental 
Affairs Bureau (CGB) also provided a fixed-width delimited text file, 
which was a single 'flat file' that contained information on all 
complaints received from 2003 through 2006. The 'flat file' contained 
all the information and there were no other data files associated with 
it. When available, FCC also provided data dictionaries, user guides, 
screen shots, and illustrations of how key tables were linked for each 
database. Each of FCC's databases is independent (meaning that they are 
not connected or related to one another) and, therefore, the specific 
data elements contained in each one differed. Additionally, when 
multiple databases contained the same data element, it was often 
referred to or tracked differently. 

We subsequently reviewed each database and file for consistency; 
duplication; and missing identifiers, such as case number. We limited 
our analysis to records that had an open date between calendar years 
January 1, 2003 and December 31, 2006. We excluded all cases in each 
database that were received before 2003 and after 2006. We then sorted 
the data into closed and pending cases. Closed cases had a closing date 
in the record and were closed as of December 31, 2006. If a situation 
existed in which a case had multiple records with varying dates, we 
always used the last date. We also excluded any cases where the closing 
date was before the opening date. Pending cases are cases that either 
did not have a closing date or the closing date was after December 31, 
2006. We also reviewed the data dictionaries FCC provided to determine 
which fields contained the data elements we planned to report on. We 
ran frequency distributions using SAS software on all selected fields. 
These distributions provide guidance as to whether the contents are 
complete enough for use. This means that if a database has two similar 
fields such as Date Received and Data Entry Date, we needed to know 
which of these fields is used most frequently so that we could base our 
analysis on fields that are actually used by FCC. For example, if the 
Date Received field was populated only 40 percent of the time and the 
Data Entry Date field was populated 99 percent of the time, we used the 
Data Entry Date field. Based on this analysis, we developed a list of 
fields we could use from each database. We compared this list to the 
data elements we wanted to report on to determine the extent to which 
we would be able to report data according to our initial plan. We found 
that for three of the five Enforcement Bureau's databases that are 
maintained by its Investigations and Hearings Division, 
Telecommunications Consumers Division, and Field Offices, we could 
report on the subject matter, the number of open and closed cases, and 
the disposition of closed cases from 2003 through 2006. For one of the 
remaining two databases, we were only able to report on the number of 
open and closed cases from 2003 through 2006. The remaining database is 
maintained by the Enforcement Bureau's Market Disputes Resolution 
Division. This division does not conduct investigations; instead it 
conducts proceedings which may result in FCC's issuance of an order to 
resolve a dispute between two companies, rather than an enforcement 
action. Thus, we are not including this database in our analysis. 

We met with Enforcement Bureau officials to discuss the specific fields 
that we were planning to use and the manner in which we were going to 
use them. These officials agreed with the fields we had selected and 
acknowledged the limitations we faced with its databases. We reached 
agreement with Enforcement Bureau officials that for the Investigations 
and Hearings Division, Telecommunications Consumers Division, and Field 
Office databases we would report on the subject matter, the number of 
opened and closed investigations, and the most recent action taken for 
the closed investigations. Since the databases contained a large number 
of subject matters and many options for disposition of closed cases, we 
worked with Enforcement Bureau officials to combine the subject matters 
and dispositions of cases for reporting purposes. For example, CGB's 
database contained numerous subject matters for various types of 
billing issues. Based on discussions with CGB officials, we combined 
all subject matters related to billing into one subject matter called 
"Billing." 

Based on our interviews with FCC and examination of its data, we 
determined that certain variables in the databases were sufficiently 
reliable for the purposes of this engagement. These variables allowed 
us to identify closed cases and determine whether enforcement actions 
had been taken, but did not allow us to determine the reasons for which 
actions were taken. To determine whether enforcement actions were 
taken, we analyzed the variables from FCC's databases. FCC officials 
told us that these databases contained information on enforcement 
actions and could be searched for codes indicating particular types of 
actions, such as "citation" or "monetary forfeiture." We worked 
extensively with these officials to ensure that we searched for all of 
the appropriate codes for enforcement actions. We did not analyze the 
approximately 46,000 paper case files that FCC maintains. Our focus was 
on the database systems for FCC's enforcement program. We also did not 
analyze a lengthy text variable that FCC indicated might contain some 
information on enforcement actions because the information was entered 
in data fields that we could not search with our computer routines. To 
determine why investigations were closed with no enforcement actions, 
we attempted to identify a reliable variable in FCC's enforcement 
database that clearly categorized the justifications for closing an 
investigation with no enforcement action. No such variable exists. As 
an alternative, FCC referred us to open-ended text variables in the 
course of our audit work. We reviewed these variables, and in June 
2007, told FCC officials that we could not use these variables because 
they were not analyzable. We also discovered that some database fields 
were frequently blank or, if completed, contained varying amounts of 
text to justify the actions or lack thereof. Thus, we were not able to 
use the databases to determine why investigations were closed with no 
enforcement action. 

In addition, we interviewed officials from FCC's CGB about the 
Commission's overall approach for enforcing telecommunications laws and 
rules, as well as its specific processes for handling complaints, 
conducting investigations, and taking enforcement actions. We also 
reviewed the FCC Enforcement Bureau's Enforcement Manual and the Code 
of Federal Regulations to understand how FCC conducts investigations, 
determines whether a violation has occurred, and whether an enforcement 
action is appropriate. Finally, to ensure that we fully understood 
FCC's process for handling complaints, conducting investigations, and 
taking enforcement actions, in April, 2007, we provided FCC's 
Enforcement Bureau and CGB officials with a written summary of its 
processes for review. We revised our summary based on FCC's technical 
comments. 

To review how FCC assesses the impact of its enforcement program, we 
interviewed both the Chief of the Enforcement Bureau and 
representatives from each of the divisions about their methods for 
assessing the effectiveness of their enforcement activities. We 
reviewed FCC's Strategic Plan for 2006 through 2011, Fiscal Year 2006 
Performance and Accountability Report, Fiscal Year 2006 Congressional 
Justification of Estimates, and FCC's Enforcement Manual in order to 
identify enforcement goals and performance measures. We also reviewed 
provisions of the Government Performance and Results Act of 1993 (GPRA) 
and prior GAO reports on the effectiveness of GPRA and the methods 
other federal agencies use to measure their performance in order to 
identify leading performance measurement practices. We also analyzed 
FCC's quarterly complaint reports to assess the volume and subject 
matter of complaints over the past 4 years. As part of our analysis of 
the performance measures used by FCC's Enforcement Bureau, we also 
interviewed officials from the Federal Trade Commission (FTC) to 
identify their methods for assessing the effectiveness of their 
enforcement program and obtained and reviewed information from FTC on 
its enforcement activities, as well as its Strategic Plan for 2006 
through 2011, and Fiscal Year 2006 Performance and Accountability 
Report. To understand how FCC selects subjects and companies for 
investigation, we reviewed documentation for FCC's Data Analysis Report 
on Telecommunications and FCC reports based on that analysis for 2000 
through 2006. In performing our work, we also reviewed and considered 
best practices identified in previous GAO reports and guides issued 
over the years on strategic plans and planning processes and the 
implementation of GPRA requirements. These documents helped us to 
compare the FCC Enforcement Bureau's management practices with those of 
leading organizations. 

To obtain views on the effectiveness of FCC's enforcement efforts, we 
contacted 25 telecommunications companies and obtained interviews with 
executives from 15 of them. Of the 15 companies, 4 were in the radio 
and television broadcasting industry; 4 were in the cable and satellite 
industry; and 7 were in the wireless and wireline industry. In making 
this selection, we chose companies based on the following criteria: 
type of communication services provided (radio and television 
broadcasting, cable and satellite, wireless and wireline 
telecommunications services) and company size (small, medium, and 
large) according to FCC and industry data. We also contacted seven 
experts with knowledge of the telecommunications sector and FCC's 
enforcement program and obtained interviews with five of them. Among 
the five experts, two are academicians who have taught and written 
extensively about telecommunications, and the other three once held 
positions at FCC but are no longer employed at the Commission. The 
views we obtained from stakeholders and experts may not be 
representative of all stakeholders, but we asked both experts and 
stakeholders about similar issues. 

Finally, to identify challenges FCC faces in providing complete and 
accurate information on its enforcement program, we interviewed FCC 
officials to understand how complaints are processed, investigated, and 
resolved. We obtained from FCC six different databases in various 
formats, five from the Enforcement Bureau and one from CGB; sent and 
received answers to data reliability questions; and discussed the 
limitations of each of the Enforcement Bureau's databases with staff 
from each of the divisions in the Enforcement Bureau. We examined each 
database for consistency in order to determine if the fields were 
sufficient for use. Based on this analysis, we developed a list of 
fields we could use from each database and compared the fields across 
databases to determine what data elements could be reported across all 
databases. We found that we were limited in what we could report. 

We conducted this performance audit from November 2006 through December 
2007 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. 

[End of section] 

Appendix II: Comments from the Federal Communications Commission: 

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

Mr. Mark Goldstein: 
Director, Physical Infrastructure: 
U.S. Government Accountability Office: 
Washington, DC 20548: 

Dear Mr. Goldstein: 

Thank you for the opportunity to respond to the draft Government 
Accountability Office (GAO) report concerning the enforcement processes 
of the Federal Communications Commission (FCC or Commission) for the 
period January 1, 2003 through December 31, 2006. 

The Commission is a proponent of strong enforcement action to protect 
consumers and to ensure the Communications Act of 1934, as amended (the 
Act), is carried out in the manner intended by Congress. During 
Chairman Martin's tenure, the Commission has undertaken more than 3,400 
enforcement actions. These enforcement actions have resulted in 
assessing more than $65.7 million in fines, forfeitures, and consent 
decree payments – including more than $43 million in 2007 alone, which 
the GAO acknowledges is the highest annual amount since the Enforcement 
Bureau was created in 1999. [Footnote 31] In addition, the Commission 
has devoted significant resources to reviewing and taking action on a 
backlog of more than 113,000 consumer complaints; as a result, the 
Commission no longer has a backlog of these complaints and now takes 
action faster on a consumer's complaint. 

Because the Commission's enforcement program is an important tool for 
ensuring the statutory goals of the Act are met, we welcome 
recommendations on making improvements. In its draft report, the GAO 
recommends that the Commission improve how it collects and analyzes 
enforcement-related data (e.g., complaints received, investigations 
conducted, enforcement actions taken). Indeed, the report concludes 
that "[l]imitations in FCC's current approach for collecting and 
analyzing enforcement data constitute the challenge FCC faces in 
providing complete and accurate information on its enforcement 
program." [Footnote 32] In addition, the GAO recommends that the 
Commission develop and implement performance management practices, 
including the establishment of goals and performance measures. See GAO 
Draft Report at pages 35-36. 

I am pleased to report that the Commission has already implemented 
measures that address both GAO recommendations. The GAO report focuses 
on the period from 2003 through 2006. As staff indicated to the GAO 
during its examination, by the time of this audit, we were already 
aware of these issues and already had plans in place to improve both 
the Commission's enforcement data collection and processes. 

First, the Commission had recognized that one of its principle 
challenges was its limited information systems and database management 
resources. By July 2007, the Commission had already secured 
Congressional approval to make significant modifications to the 
databases and systems used to support the Commission's enforcement 
activities. [Footnote 33] The budget and planning processes for these 
systems enhancements had been underway for some time, and we expect 
final delivery this year. We anticipate that this system will enhance 
the Commission's ability to collect more detailed complaint information 
from consumers as well as improve the Commission's case management 
system to better track the status of all enforcement complaints 
throughout the process. 

Second, during Chairman Martin's tenure, the Commission has implemented 
standardized enforcement performance goals to better manage the 
enforcement process and to automate portions of this process. [Footnote 
34] The Commission implemented an internal performance measurements 
program (including the establishment of written internal controls) to 
collect data used to assess the performance and accountability of the 
enforcement program. For the first time, under Chairman Martin, goals 
and measures for managing the enforcement processes have been 
incorporated into the performance plans of the senior executives 
responsible for oversight of the enforcement program. Information about 
these efforts is also included in the Commission's annual Performance 
and Accountability Report and will be included going-forward in the 
Commission's annual performance budget submissions to Congress. 

Unfortunately, the GAO Report contains several errors that detract from 
its utility. We raised these problems with GAO during the course of its 
examination, but the flaws remain in the draft report. We have included 
additional information in the attachment to this letter to respond to 
the GAO's report. 

First, the GAO relied on information that is significantly out-of-date 
in making its conclusions and recommendations. In some cases, the GAO 
relied on information more than four years old rather than examine more 
current information. By relying on information that is out-of-date, the 
GAO's draft report provides a misleading description of the 
Commission's current enforcement processes. For example, the GAO 
describes the Commission's former consumer complaint processes on page 
6 of its draft report. However, because we had already concluded that 
the former process needed to be changed to enforce the Commission's 
consumer protection rules, we had already changed the process by which 
the Commission handles consumer complaints. Today, unlike the past 
practices that had been used since the Enforcement Bureau was started 
in 1999, the Commission responds to 100% of consumer complaints. The 
GAO's report, however, fails to acknowledge or assess the new process 
and incorrectly describes the Commission's current consumer complaint 
process. This is particularly unfortunate because our new process for 
handling consumer complaints has realized meaningful benefits. For 
example, the Commission issued 412 citations for violations of the junk 
fax rules in 2007, which was approximately a 350% increase over the 91 
citations issued in 2006 and a 984% increase over the 38 citations 
issued in 2004. [Footnote 35] 

Similarly, during the 2003-2006 period the GAO examined, the Commission 
did not regularly collect and review data to measure the performance of 
the enforcement program. This issue has been addressed. As noted above, 
the Commission reports on these performance measures in its annual 
Performance and Accountability Report and, going-forward, will provide 
performance information in its annual budget submission to Congress. We 
are concerned that GAO's failure to examine current practices and 
processes significantly diminishes the value of the report. 

Second, in addition to using outdated information, the GAO made errors 
in presenting certain data. During the preparation of this report, the 
Commission informed the GAO of our concerns that the draft report 
contained factual flaws. For example: 

* the GAO draft report at pages 19-20 (Table 2) contains inaccurate 
information regarding the number and types of investigations and 
enforcement actions taken by the Commission. Table 2 overstates the 
number of enforcement investigations that were closed without action 
because it fails to acknowledge certain actions taken by the Commission 
such as findings of compliance, denials, and dismissals for 
insufficient information provided by the complainant. Attachment 3 
provides Commission data side-by-side to GAO's data as set forth in the 
chart. The Commission's chart in Attachment 3 provides data on 
enforcement actions which are contained in the Commission's databases 
and paper files. 

* the data presented on pages 19-20, which the GAO derived from the 
Commission's databases, does not correspond to the information 
contained in our databases. The GAO's draft report at pages 19-20 
significantly understates the number of admonishments/warnings, 
citations, consent decrees, monetary forfeitures, and notices of 
violation issued [Footnote 36] and the report overstates the number of 
investigations conducted during the 2003-2006 period. [Footnote 37] 

* the GAO's draft report at pages 19-20 also significantly overstates 
the number of investigations closed with no action. [Footnote 38] In 
its draft report, the GAO states that the Commission closed with no 
action 8,628 investigations concerning antenna lighting and structure 
requirements. Had GAO scrolled to the problem resolution section of the 
Commission's database it would have found readily available information 
indicating that action had indeed been taken on a large portion of 
these investigations. [Footnote 39] The problem resolution section of 
the database contains a written description of the finding made by an 
Enforcement Bureau employee for a particular investigation (e.g., no 
violation found). Attachment 6 shows the problem resolution field in 
the database for an antenna lighting and structure requirement 
investigation. In addition, the Commission maintains files on each 
investigation conducted by a field agent or other Commission personnel. 
Because the GAO limited its inquiry to Commission databases, it failed 
to accord for the outcomes of field investigations recorded in paper 
files. In fact, the Commission's databases and paper files verify that 
a significantly smaller number of investigations were closed with no 
action than reported by the GAO. Only 32 investigations were closed 
with no action instead of the 8628 contained in the GAO Report, a 
difference of 26,863%. [Footnote 40] 

* the GAO's draft report at pages 16-17 significantly overstates the 
total number of investigations that were listed as closed with no 
enforcement action. In its draft report, the GAO states that "about 83 
percent or about 32,200 of the investigations were listed as closed 
with no enforcement action." [Footnote 41] Attachment 2, however, 
indicates that only 3 percent of investigations were closed with no 
enforcement action taken. In fact, 71 percent of investigations were 
closed with compliance found, 15 percent closed after taking action, 
and 11 percent were closed as a result of insufficient information 
being provided by the complainant. See Attachment 2. Had GAO scrolled 
through the problem resolution or similar notation sections of the 
Commission's databases it would have found readily available data 
indicating that action had indeed been taken on all the domestic 
interference, indecency, CPNI certification, audits of certification-
based facilities, Emergency Alert System requirements, and Cable TV 
leakage investigations listed in the Report. [Footnote 42] As 
demonstrated in Attachment 7 showing examples of actual investigations 
of various types in the databases, the problem resolution section of 
the database memorializes findings made by the Enforcement Bureau staff 
during a particular investigation. The notation would indicate whether 
a finding of compliance was made, whether the investigation was 
dismissed for insufficient information provided by the complainant, or 
whether the issue was resolved at the time of inspection (e.g., 
interference resolved prior to inspection). In addition, the Commission 
maintains paper files on each investigation conducted by a field agent 
or other Commission personnel. The Commission's databases and paper 
files verify that a significantly smaller number of investigations were 
closed with no action than reported by the GAO. [Footnote 43] Only 576 
investigations were closed with no action instead of the 32,237 
contained in the GAO Report. [Footnote 44] 

* the GAO's draft report at pages 12-13 (Figure 1) only reflects the 
status of complaints received by the Consumer and Governmental Affairs 
Bureau (CGB) during the year in which the complaint was received. The 
chart does not capture information about the disposition of complaints 
received in one year and resolved in a subsequent year. The draft 
report thus leaves the impression that complaints were unresolved when 
in fact they were resolved, albeit in a subsequent year. Attachment 1 
provides the number of complaints received from 2003-2006 and indicates 
that no complaints are pending for 2003, 2004, and 2005. Only 62 
complaints are pending for 2006. 

Because the GAO failed to identify which complaints or cases were in 
the "all other investigations" or "general enforcement" categories, we 
were unable to resolve the data inconsistencies and inaccuracies in the 
draft report. 

Third, the GAO makes a number of incorrect statements in its report. 
For example, the GAO states on page 3 that the Commission's existing 
enforcement databases do not contain information about the disposition 
of a complaint (e.g., whether the Commission took enforcement action or 
concluded that no violation occurred). This is incorrect — the 
Commission's systems do contain this information. This information 
resides in the problem resolution or similar notation sections of the 
Commission's database systems. This section of the database was readily 
accessible to GAO during the course of their investigation. We informed 
the GAO about the disposition information on several occasions and 
offered to make technical assistance available. 

Finally, the GAO's draft report fails to include important information 
to assist the reader of the report. For example, the GAO's description 
of the Commission's enforcement processes and statutory authority fails 
to include any discussion about the legal standards applicable to the 
Commission's enforcement process, including the appropriate burden of 
proof the Commission must meet in order to issue a notice of apparent 
liability, citation, notice of violation, admonishment, or warning. 
Similarly, on page 10 the GAO failed to discuss other sections of the 
Act that provide authority for fines or sanctions or the procedural and 
other legal requirements that govern license revocation proceedings. By 
leaving this important information out of the draft report, the GAO 
provides an incomplete and misleading picture about the legal 
environment in which the Commission's enforcement activities operate. 

Although we are concerned about the flaws in the GAO's examination 
noted above, we do appreciate the GAO's examination into the 
Commission's enforcement processes. Moreover, we agree that the 
Commission needed to improve our data management systems from the 
limited time frame examined, for which we have already contracted, and 
provide specific enforcement goals, which we have already implemented. 
We look forward to working with the GAO on this and other matters in 
the future. 

Sincerely, 

Signed by: 

Kris Anne Monteith: 
Chief, Enforcement Bureau: 

Attachments: 

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

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

Staff Acknowledgments: 

In addition to the contact named above, individuals making key 
contributions to this report include Tammy Conquest, Assistant 
Director; Eli Albagli; Martin De Alteriis; Konstantin Dubrovsky; Sharon 
Dyer; Bess Eisenstadt; Heather Frevert; Mitch Karpman; Josh Ormond; 
Mindi Weisenbloom; and Nancy Zearfoss. 

[End of section] 

Footnotes: 

[1] We initially requested data from CGB and the Enforcement Bureau's 
databases for calendar years 2000 through 2006 but were told that 
information from CGB was only available for calendar years 2003 through 
2006. Thus, to be consistent in reporting the results of our review, we 
are reporting data from 2003 through 2006. 

[2] In 1991, Congress enacted TCPA to address a growing number of 
telephone marketing calls and certain telemarketing practices thought 
to be an invasion of consumer privacy and, in some cases, costly to 
consumers. See 47 USC 227. 

[3] GAGAS does not require us to print in its entirety responses 
submitted by an agency in connection with our reports and allows us to 
characterize responses where suitable and to include or not to include 
them as appropriate. 

[4] FCC refers to the complaints it receives as formal and informal; 
however, for purposes of this report we are not making that 
distinction. 

[5] 47 C.F.R. § 1.717. 

[6] 47 C.F.R. § 1.717-1.718. Special rules apply to the handling of 
informal slamming complaints. See 47 C.F.R. 1.719. 

[7] Other FCC bureaus continue to handle some enforcement issues. For 
example, enforcement issues related to licenses are handled by the 
relevant licensing bureau. 

[8] For purposes of this report, we are including the 25 field offices 
as one of the Enforcement Bureau's five divisions. 

[9] According to FCC, besides enforcement actions, investigations may 
also result in denials, dismissals, or a determination that a party 
complied with relevant rules. 

[10] According to FCC, a cease and desist order can only be issued by 
the Commission or an administrative law judge following a hearing. 

[11] 47 CFR § 54.8. 

[12] According to FCC, as with cease and desist orders, a revocation of 
license can only be issued by the Commission or an administrative law 
judge following a hearing. 

[13] Other forfeiture amounts or other sanctions are established in 
other sections of the Communications Act of 1934, as amended, including 
sections 202(c); 203 (e); 205(b); 214(d); 219(b); 220(d); 364(a)-(b); 
386(a)-(b); and 634. 

[14] See 47 C.F.R. § 1.80 for current maximum forfeiture amounts. In 
accordance with the inflation adjustment requirements contained in the 
Debt Collection Improvement Act of 1996, Pub. L. 104-134, Sec. 31001, 
110 Stat. 1321, the Commission has twice implemented an increase of the 
maximum statutory forfeiture amounts. 

[15] See Forfeiture Policy Statement and Amendment of Section 1.80 of 
the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 
12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 
15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80(b)(4), note to paragraph 
(b)(4). 

[16] Under FCC's TCPA rules, no person or entity may initiate any 
telephone solicitation to a residential telephone subscriber before 8 
a.m. or after 9 p.m., based on the called party's local time. 47 C.F.R. 
64.1200(e)(1). 

[17] The Enforcement Bureau does not investigate every complaint 
received by CGB. We were not able to identify the number of complaints 
from CGB's database that the Enforcement Bureau selected for 
investigation. 

[18] For public safety purposes, FCC requires owners to register 
antenna structures that are more than 200 feet in height or located 
near an airport. 

[19] Under section 271 of the Communications Act of 1934, as amended, 
the Bell Operating Companies (BOC) needed to file applications with FCC 
on a state-by-state basis in order to provide in-region, interLATA 
services. In 2002, the Enforcement Bureau set up a Section 271 
Compliance Review Program for each newly filed section 271 application. 
As of December 3, 2003, the Commission had granted all of the BOCs 
section 271 authorization for the provision of in-region, interLATA 
services in all of the BOCs' territories nationwide. 

[20] Fox Television Stations, Inc. v. FCC, 489 F.3d 444 (D.C. Cir. 
2007), petition for cert. filed, No. 07-582, 2007 Westlaw 3231567 (Nov. 
1, 2007); Complaints Against Various Television Licensees Concerning 
Their February 1, 2004 Broadcast of the Super Bowl XXXVII Halftime 
Show, pet. for rev. pending sub nom. CBS Corp. v. FCC, No. 06-3575 (3d 
Cir. Filed July 28, 2006). 

[21] As our sample size was small and nongeneralizeable, the views we 
obtained may not be representative of all stakeholders. However, we 
asked experts and company representatives about similar issues. 

[22] According to an FCC official, while the Enforcement Bureau does 
not have outcome goals, it does have some output goals. As an example 
of FCC's output goals, the official provided us with a copy of a March 
31, 2006, letter sent to the Chairman, Subcommittee on Commerce, 
Justice, Science, and Related Agencies, House Committee on 
Appropriations. In response to questions from the Chairman, FCC wrote 
that the Commission attempts to resolve public safety interference 
complaints within 1 day, nonemergency interference complaints within 1 
month, indecency complaints within 9 months, formal complaints within 1 
year, and all other investigations and complaints within 15 months. 

[23] Pub. L. No. 103-62, 107 Stat. 285. 

[24] GAO, Results-Oriented Government: GPRA Has Established a Solid 
Foundation for Achieving Greater Results, GAO-04-38 (Washington, D.C.: 
Mar. 10, 2004); GAO, Managing for Results: Strengthening Regulatory 
Agencies' Performance Management Practices, GAO/GGD-00-10 (Washington, 
D.C.: Oct. 28, 1999); and GAO, Agency Performance Plans: Examples of 
Practices That Can Improve Usefulness to Decisionmakers, GAO/GGD/AIMD-
99-69 (Washington, D.C.: Feb. 26, 1999). 

[25] GAO, Pipeline Safety: Management of the Office of Pipeline 
Safety's Enforcement Program Needs Further Strengthening, GAO-04-801 
(Washington, D.C.: July 23, 2004). 

[26] GAO, Telecommunications: Weaknesses in Procedures and Performance 
Management Hinder Junk Fax Enforcement, GAO-06-425 (Washington, D.C.: 
Apr. 5, 2006). 

[27] According to an FCC official, the Commission is planning to spend 
$2 million to improve its existing systems for receiving, processing, 
and enforcing consumer telemarketing complaints alleging violations of 
junk fax and do-not-call list request but has not finalized its plans 
to improve the Enforcement Bureau's databases. 

[28] FCC may choose to initiate a forfeiture proceeding separate and 
apart from a formal 208 complaint proceeding. The complainant would not 
be a party to such a forfeiture proceeding. 

[29] The Market Disputes Resolution Division does not impose fines. 

[30] Generally accepted government auditing standards do not require us 
to print responses submitted by an agency in connection with our 
reports in their entirety and allows us to characterize responses where 
suitable, and to include or not to include responses as appropriate. 

[31] See Attachment 4. 

[32] GAO Report at 4. 

[33] Letter from Anthony J. Dale, Managing Director, FCC, to individual 
Members of the House Appropriations Subcommittee on Financial Services 
and General Government and the Senate Appropriations Subcommittee on 
Financial Services and General Government (June 27, 2007). 

[34] In March 2006, the Commission resolved to work on public safety 
interference complaints within one day; non-emergency interference 
complaints within one month; indecency complaints within nine months; 
and formal complaints within one year. The Commission works to resolve 
all other investigations and complaints within 15 months. The 
Commission publicly reports on its progress at meeting these 
performance goals in our annual Performance and Accountability Report. 
Below are the results from the Commission's 2007 Performance and 
Accountability Report. The indecency complaints are currently involved 
in litigation. 

Enforcement Investigations Performance Results – 2007: 

Category: Public Safety Interference; 
No. of Investigations Meeting Goal: 388; 
No. of Investigations Not Meeting Goal: 0; 
% Meeting Goal: 100%. 

Category: Non-Emergency Interference; 
No. of Investigations Meeting Goal: 895; 
No. of Investigations Not Meeting Goal: 15; 
% Meeting Goal: 98.35%. 

Category: Formal Complaints; 
No. of Investigations Meeting Goal: 6; 
No. of Investigations Not Meeting Goal: 2; 
% Meeting Goal: 75%. 

Category: Indecency Complaints;	
No. of Investigations Meeting Goal: 601; 
No. of Investigations Not Meeting Goal: 2625; 
% Meeting Goal: 18.63%. 

Category: Other Investigations/Complaints; 
No. of Investigations Meeting Goal: 29608; 
No. of Investigations Not Meeting Goal: 75; 
% Meeting Goal: 99.75%. 

[35] See Performance and Accountability Report for Fiscal Year 2007 at 
56 (Nov. 15, 2007). 

[36] The GAO's draft report on pages 19-20 indicates that the 
Commission issued 2279 enforcement actions admonishments/warnings, 
citations, consent decrees, debarments, monetary forfeitures, and 
notices of violation for investigations involving antenna lighting and 
structure requirements, junk fax, domestic interference, indecency, 
CPNI certification, audits of certification-based facilities, emergency 
alert system requirements, and cable TV leakage during 2003 to 2006; 
Commission data, however, indicates that 3679 enforcement actions were 
initiated during that same time period. See Attachment 3. In 
particular, while pages 19-20 of the GAO's draft report indicate the 
Commission issued 1058 admonishments and warnings during the time 
period for these investigations, Commission records indicate that 2570 
admonishments and warnings were issued during that time period. Id. 

[37] The GAO's draft report on pages 19-20 indicates that the 
Commission's Enforcement Bureau handled 38,786 investigations from 2003 
through 2006; instead the Commission's Enforcement Bureau handled 
25,351 investigations during this period. See Attachment 3. 

[38] See Attachment 3. 

[39] See Attachment 3. 

[40] See Attachment 3. 

[41] GAO Report at 16. 

[42] See Attachment 3. 

[43] Data from the Enforcement Bureau's database and paper files 
reveals that only 3% of investigations were opened with no enforcement 
action, a number significantly lower than GAO's 83%. See Attachment 5. 

[44] See Attachment 2. 

[End of section] 

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E-mail: fraudnet@gao.gov: 
Automated answering system: (800) 424-5454 or (202) 512-7470: 

Congressional Relations: 

Ralph Dawn, Managing Director, dawnr@gao.gov: 
(202) 512-4400: 
U.S. Government Accountability Office: 
441 G Street NW, Room 7125: 
Washington, D.C. 20548: 

Public Affairs: 

Chuck Young, Managing Director, youngc1@gao.gov: 
(202) 512-4800: 
U.S. Government Accountability Office: 
441 G Street NW, Room 7149: 
Washington, D.C. 20548: