A sale is not the same as a customer's silence. In announcing its Comcast settlement on October 11, 2016, the FCC described negative option billing as charging cable subscribers for services or equipment they had not affirmatively requested. The $2.3 million civil penalty came with a five-year compliance plan intended to make authorization clearer before new charges reach a bill. [comcast-release][comcast-order]

The decree translates that principle into sales-channel requirements. Processes for obtaining informed consent must cover online, telephone, set-top box and technician-generated orders, with implementation generally due by July 1, 2017. From no later than December 31, 2017, Comcast must retain enough documentation to verify consent for at least 12 months, or five months for telephone recordings. Evidence retention is therefore a separate operational requirement, not merely a sales script. [comcast-order]

Customer choice also appears in the promised blocking option. By July 1, 2017, Comcast must implement systems allowing customers to opt into account protections at no charge. The decree defines blocking as a restriction on purchases by unauthorized people, potentially using PINs or passwords. It does not describe an automatic ban on every new purchase, nor does it prevent customers from choosing additional services. [comcast-order]

The economic issue is whether sellers can document demand without pushing the cost of discovering mistakes onto buyers. That is an interpretation of the mechanism, not a measured result. Comcast disputed the Bureau's view of the underlying law, and the agreement preserves that disagreement. These same-origin FCC documents establish compliance obligations; they do not show a subsequent change in prices, competition or error rates. [comcast-order]

Source documents

  1. Comcast to Pay $2.3 Million After Subscribers Complain of Billing for Services & Equipment They Never Orderedhttps://docs.fcc.gov/public/attachments/DOC-341621A1.pdf
  2. In the Matter of Comcast Corporation: Order and Consent Decree, DA 16-1127https://docs.fcc.gov/public/attachments/DA-16-1127A1.pdf