FCC Web Documents citing 64.1195
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- a result, we cancel the $20,000 forfeiture proposed in the NAL. BACKGROUND Blackstone is a Florida-based company that offers various services and products to the public, among them a variety of prepaid calling cards, including cards with the Blackstone label. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting specific information relating to its compliance with Section 64.1195 of the Commission's rules. Section 64.1195(a) requires that a telecommunications carrier that will provide or already provides interstate telecommunications service file certain registration information with the Universal Service Administrative Company (``USAC''). Blackstone responded to the Bureau's inquiry letter by providing an unsupported statement that ``Blackstone Calling Card, Inc. is not a carrier'' and thus not required to comply with Section
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- Commission (the ``Commission''), TELUS Communications., Inc. and TELUS Communications Company (collectively ``TELUS''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against TELUS for possible violations of Sections 9, 225, 251, and 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan (``NANP'') administration, regulatory fees, and carrier registration. The Commission and TELUS have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before
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- ``Telecommunications Reporting Worksheet'' or ``Worksheet''); FCC Form 499-A Instructions (2007) at 1, 3-5. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Letter from Trent B. Harkrader, Deputy Chief, Investigations and
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- transmission to the facsimile number and the signed certified mail return receipt card. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Receipt of the letter is shown by confirmation of
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and WTI Communications, Inc. (``WTI''). The Consent Decree terminates an investigation by the Bureau against WTI for possible violation of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to regulatory fees, the universal service fund, telecommunications relay service fund, and cost recovery mechanisms for the North American Numbering Plan administration and local number portability. The Bureau and WTI have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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- By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and CapRock Communications, Inc. (``CapRock''). The Consent Decree terminates an investigation by the Bureau against CapRock for possible violation of, among other things, section 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706, 54.711, and 64.1195 of the Commission's rules relating to registration, regulatory filings and the universal service fund. The Bureau and CapRock have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
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- 218, and 403 of the Communications Act of 1934, as amended (``the Act''), to provide certain information and documents. In addition, the Consent Decree terminates an investigation of Unicom for possible violations of sections 9, 225, 251, and 254 of the Act, relating to universal service and other programs, and, among others, sections 1.1154, 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, relating to regulatory fees, the North American Numbering Plan (``NANP'') cost recovery mechanism, the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and carrier registration. The Bureau and Unicom have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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- call 911 during emergency situations). See 47 C.F.R. 1.20000 - 1.20008. See id. 64.2001 - 64.2009. See id. 64.601 - 64.608. See id. 6.1 - 6.23 and 7.1 - 7.23. See id. 52.20 - 52.33 See id. 54.706. See id. 64.604. See id. 52.17. See id. 52.32. See id. 64.1195. Id. 0.111, 0.311 and 1.80. (continued ...) Federal Communications Commission DA 08-1920 Federal Communications Commission DA 08-1920 @ 0 0 # T
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- March 23, 2009 By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Yukon-Waltz Communications, Inc. (``Yukon-Waltz'' or ``the Company''). The Consent Decree terminates an investigation by the Bureau against Yukon-Waltz for possible violations of section 214 of the Communications Act of 1934, as amended, and sections 63.18 and 64.1195 of the Commission's Rules, which require that an entity obtain an international 214 authorization prior to providing international telecommunications service and register with the Universal Service Administrative Company. The Bureau and Yukon-Waltz have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the
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- that Allcom may be providing international telecommunications service without Commission authorization. On its website, Allcom claims to provide telephone service, voicemail, conference calling, paging, and International Public Access Numbers through its Universal Office and Genie products. On July 28, 2009, the Bureau initiated an investigation into AllCom's alleged violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 63.12(d), 63.18, 64.604, and 64.1195 of the Commission's rules, and Section 214 of the Communications Act of 1934, as amended (``the Act'') by issuing the LOI directing AllCom, among other things, to provide information regarding these obligations and directing Allcom to respond by August 27, 2009. The Bureau directed the LOI to Thomas Skala, the Chief Executive Officer for AllCom, based on information on the
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- requests; and that Defendants violated sections 64.1200(e)(2)(iii) and 64.1200(d)(3) of the Commission's rules, and section 227 of the Act, by failing to implement company-specific do-not-call requests within a reasonable amount of time. Complainants also allege that Verizon Communications violated sections 201, 205, 225, 227, 251, 254, 258 and 416 of the Act by failing to register in accordance with section 64.1195(c) of the Commission's rules while providing telecommunications service as a telecommunications carrier; and that Verizon New Jersey and Verizon Wireless violated section 64.1195(b)(1) of the Commission's rules, and sections 201, 205, 225, 227, 251, 254, 258, and 416 of the Act by filing false information on FCC Form 499-A while providing telecommunications service as a telecommunications carrier. Complainants allege that
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- Consent Decree entered into between the Enforcement Bureau (``Bureau'') and ComSpan Communications Inc. f/k/a Wantel, Inc. (``ComSpan'' or the ``Company''). The Consent Decree terminates an investigation by the Bureau against ComSpan for possible violations of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund (``USF'') and Telecommunications Relay Services (``TRS'') Fund; contributions to cost-recovery mechanisms for North American Numbering Plan (``NANP'') and Local Number Portability (``LNP'') administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
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- Adopted: April 14, 2011 Released: April 14, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Allegiance Communications, LLC (``Allegiance'' or the ``Company''). The Consent Decree terminates an investigation by the Bureau against Allegiance for possible violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund (``USF'') and Telecommunications Relay Services (``TRS'') Fund; contributions to cost-recovery mechanisms for North American Numbering Plan (``NANP'') and Local Number Portability (``LNP'') administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
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- failure to file a hearing aid compatibility status report as a continuing violation), response pending. See ADMA Telecom, Inc., File No. EB-06-IH-2110, Forfeiture Order, FCC 11-42, at 4, para. 8 (rel. Mar. 10, 2010) (``ADMA's failure to register was a continuing violation that began on the day ADMA started providing interstate telecommunications service without having registered in accordance with section 64.1195(a) and continued until it filed its first Form 499 on August 1, 2006.''); Telrite Corp., Notice of Apparent Liability for Forfeiture and Order, 23 FCC Rcd 7231, 7244, para. 30 (2008) (construing the carrier's failures to file Telecommunications Reporting Worksheets as ``continuing violations for which the statute of limitations for forfeiture does not begin to run until the violation is
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- Order, we adopt a Consent Decree entered into between the Enforcement Bureau (Bureau) and Bay Springs Communications, Inc. (BSCI). The Consent Decree terminates an investigation by the Bureau against BSCI for possible violations of Sections 9(a)(1), 225, 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules (Rules) concerning various regulatory fee and reporting obligations as well as required contributions to the Universal Service Fund, the Telecommunications Relay Service Fund, and the North American Numbering Plan and Local Number Portability administration. The Consent Decree also terminates an investigation by the Bureau into possible violations of Section 222 of the Act, Section 64.2009(e) of
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- Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and StanaCard, LLC (StanaCard). The Consent Decree terminates an investigation by the Bureau against StanaCard for possible violations of Sections 214 and 225 of the Communications Act of 1934, as amended (Act) and Sections 63.18, 64.604(c)(5)(iii)(A), and 64.1195(a) of the Commission's rules (Rules) concerning authorization to provide facilities-based and resold international common carrier communications services, contributions to the Telecommunications Relay Services Fund, and registration with the Commission. A copy of the Consent Decree negotiated by the Bureau and StanaCard is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree and evaluating the
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- (``Presiding Judge'') to determine, among other things: whether BOI had intentionally provided incorrect or misleading information to the Commission; whether BOI had engaged in unlawful ``slamming'' activities by changing consumers' long distance providers without authorization in violation of Section 258 of the Act and Section 64.1120(a)(1) of the Commission's rules; whether BOI failed to file registration statements required under Section 64.1195 of the Commission's rules; and whether BOI discontinued service to the public in violation of Section 214 of the Act and Section 63.71 of the Commission's rules. After the hearing was commenced, additional issues were added to determine whether BOI had properly filed Telecommunications Reporting Worksheets, and made all required contributions to the Universal Service Fund (``USF'') and Telecommunications Relay
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- attached Consent Decree entered into between the Federal Communications Commission (the ``Commission'') and Teletronics, Inc. (``Teletronics''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Teletronics for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. The Commission and Teletronics have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence relating
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- Further Notice of Apparent Liability for Forfeiture, we both impose a forfeiture of $819,905 (``Order of Forfeiture''), and propose a new forfeiture of $100,000 (``Further Notice of Apparent Liability''), against InPhonic, Inc. (``InPhonic''). The Order of Forfeiture follows a Notice of Apparent Liability we issued on July 25, 2005. Herein we find that InPhonic willfully and repeatedly violated: (1) section 64.1195 of the Commission's rules by failing to register with the Commission until January 2005; (2) sections 54.706(a) and 64.604(c)(5)(iii)(B) of the rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004; (3) section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and 54.711(a) of the rules by failing to contribute to the Universal
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- 0010-8659-96 ORDER OF FORFEITURE Adopted: April 18, 2007 Released: May 3, 2007 By the Commission: INTRODUCTION In this Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC (``Global Teldata''). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section
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- calculate annual contributions. In 2004, the Enforcement Bureau (``Bureau'') sought to identify resellers of telecommunications services that failed to register as telecommunications service providers with the Commission and, thus, may also have failed to satisfy various Commission program requirements. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules. On May 4, 2004, Carrera registered and belatedly filed certain financial information that had been due April 1, 2004. After determining that Carrera apparently failed to timely register with the Commission or timely file required Worksheets, the Bureau issued a letter of inquiry (``LOI'') to Carrera on July 29, 2004. Carrera did not respond within the
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- U.S.C. 3717, and administrative charges pursuant to 47 C.F.R. 1.1940 and 54.713, 31 C.F.R. 285.12(j). See, e.g., 47 U.S.C. 151. See Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024-26 (2000) (``Carrier Selection Order''). 47 C.F.R. 64.1195. Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC, which is then associated with further filings by the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal
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- OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 14, 2009 Released: January 14, 2009 By the Commission: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that ADMA Telecom, Inc. (``ADMA'') apparently violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Commission's rules by willfully or repeatedly failing to register with the Commission, failing to make the required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, cost recovery mechanisms for the North American Numbering Plan (``NANP'') administration and failing to obtain an international section 214
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- a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to Globalcom, Inc., Raymond Hexamer, Chief Executive Officer, 3340 West Market St., Akron, OH 44333. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 254(d). 47 C.F.R. 54.706(a) and 54.711(a). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195. See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
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- that a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to NTS Communications, Inc., Barbara Baldwin, Chief Executive Officer, 5307 W. Loop 289, Lubbock, TX 79414. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 254(d). 47 C.F.R. 54.706(a). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195. See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
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- 9, 2011 Released: March 10, 2011 By the Commission: I. INTRODUCTION In this Forfeiture Order, we assess a monetary forfeiture of $662,541 against ADMA Telecom, Inc. (``ADMA''). We find that ADMA willfully and repeatedly violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Federal Communications Commission's (the ``Commission's'' or ``FCC's'') rules by (1) failing to register with the Commission, (2) failing to make required regulatory filings, (3) failing to obtain an international section 214 authorization, and (4) failing to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for the North
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- OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: April 13, 2012 Released: April 16, 2012 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that RB Communications, Inc., d/b/a Starfone, apparently violated Section 214 of the Communications Act of 1934, as amended (the ``Act''), and Sections 1.1154, 1.1157(b)(1), 63.18, 64.604(c)(5)(iii)(A), and 64.1195 of the Commission's rules, by willfully and repeatedly failing to: (1) apply for and obtain authorization from the Commission to provide international telecommunications service; (2) register with the Commission; (3) contribute to the Telecommunications Relay Service (TRS) Fund; and (4) pay regulatory fees to the Commission. Based on our review of the facts and circumstances surrounding this matter, and for
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- be obtained from NECA at (973) 560-4400. For further information, contact Suzanne McCrary, Jim Lande or Scott Bergmann, Industry Analysis Division, Common Carrier Bureau, at (202) 418-0940. 47 C.F.R. 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B). See also 47 C.F.R. 1.47(h) (requiring every common carrier to file information concerning their designated agents pursuant to the Telecommunications Reporting Worksheet). 47 C.F.R. 64.1195; see also Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Policies and Rules Concerning Unauthorized Changes of Consumers Long Distance Carriers, Order, FCC 01-67, CC Docket No. 94-129, 8-13 (rel. Feb. 22, 2001) (Slamming Registration Order). 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North
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- will take effect on April 2, 2001. The Commission's slamming rules are designed to improve the carrier change process for consumers and carriers while making it more difficult for unscrupulous carriers to perpetrate slams. The following rule provisions adopted in the Commission's Third Report and Order contained information collections: sections 64.1130(a) through (c), 64.1130(i), 64.1130(j), 64.1180, 64.1190(d) and (e), and 64.1195. A summary of the amended Third Report and Order was published in the Federal Register at 66 FR 12877 (March 1, 2001) and was corrected at 66 FR 16151 (March 23, 2001). The information collections contained in section 64.1195 were approved by the Office of Management and Budget (OMB) on March 1, 2001. OMB No. 3060-0855. The information collections contained
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- 20554. The annual April filing of the full Telecommunications Reporting Worksheet (FCC Form 499-A) is used to calculate carriers' contributions to the interstate telecommunications relay service (TRS), federal universal service support mechanisms, the cost-recovery mechanism for the North American Numbering Plan Administration, and the cost recovery mechanism for the shared costs of long-term local number portability. See 47 C.F.R. 64.1195(h) (requiring underlying carriers to confirm that a potential carrier-customer is registered with the Commission prior to providing that carrier-customer with service). 47 C.F.R. 64.1195(e) and (f). See also 47 U.S.C. 413 (requiring designation of agent for service of process). 47 U.S.C. 413. See also 47 C.F.R. 1.47(h) (stating that every common carrier subject to the Act
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- 54.711(c), 64.604(c)(5)(iii)(B). Contributions to the local number portability cost recovery mechanism are calculated by the local number portability administer. FCC Form 499-A is typically filed on April 1 of each year. Note, however, that all carriers must notify the FCC within one week if their D.C. Agent for Service of Process or Registration information changes. See 47 C.F.R. 1.47, 64.1195. Any such carrier should report changes by completing and filing the relevant pages of the April 2002 FCC Form 499-A, in accordance with the Instructions to the April 2002 FCC Form 499-A. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov
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- of 1990, Administration of the North American Numbering Plan and North American Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, Truth-in-Billing and Billing Format, Report and Order, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, FCC 99-175 (rel. July 14, 1999), at para. 1 (Form Consolidation Order). See 47 C.F.R. 64.1195(a), 1.47. 47 U.S.C. 254(d). See 47 C.F.R. 54.706(b). See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans With Disabilities Act
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- candor (Issue a); to determine whether BOI had changed consumers' preferred carrier without their authorization in willful or repeated violation of 258 of the Communications Act of 1934, as amended (the ``Act'') and 64.1100-1190 of the Commission's rules (Issue b); to determine whether BOI had failed to file FCC Form 499-A in willful or repeated violation of 64.1195 of the Commission's rules (Issue c); to determine whether BOI had discontinued service without Commission authorization in willful or repeated violation of 214 of the Act and 63.71 and 63.505 of the Commission's rules (Issue d); to determine whether BOI's authorization pursuant to 214 of the Act to operate as a common carrier should be revoked (Issue
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- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end- user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 requires all telecommunications carriers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 225, 251, 254, and 258. The data in the Worksheet will be used to
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- (``WestCom'' or the ``Company''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether WestCom violated the universal service reporting and contribution requirements of Section 254 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. 254, and of Sections 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195 of the Commission's Rules, 47 C.F.R. 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195. For the purposes of this Consent Decree, the following definitions shall apply: The ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. ``Adopting Order'' or ``Order'' means an order of the Commission or the Bureau adopting this Consent Decree. The
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- notification of election to administer FCC rules. 64.1120 Verification of orders for telecommunications service. 64.1130 Letter of agency form and content. 64.1140 Carrier liability for slamming. 64.1150 Procedures for resolution of unauthorized changes in preferred c carrier. 64.1160 Absolution procedures where the subscriber has not paid charges. 64.1170 Reimbursement procedures where the subscriber has paid charges. 64.1190 Preferred carrier freezes. 64.1195 Registration requirement. SUBPART L -- RESTRICTIONS ON TELEMARKETING AND TELEPHONE SOLICITATION Brief Description: Part 64, subpart L implements Section 227 of the Communications Act of 1934 as amended. Section 227 codifies the Telephone Consumer Protection Act of 1991 (TCPA), which was enacted to address certain telemarketing practices thought to be an invasion of consumer privacy and a risk to public
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- this Consent Decree without change, addition, deletion, or modification. ``Effective Date'' means the date on which the Commission or the Bureau releases the Adopting Order. ``Investigation'' means the investigation commenced by the Bureau's October 28, 2004 Letter of Inquiry regarding whether Locus violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 54.713, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payment. I. BACKGROUND Pursuant to section 254(d) of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, telecommunications carriers that provide interstate telecommunications services and private service providers that provide interstate telecommunications are required
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- we adopt the attached Consent Decree entered into between the Enforcement Bureau and United Networks International, Inc. (``UNI''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against UNI for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees. The Enforcement Bureau and UNI have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in
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- providers of prepaid telecommunications products and services.'' Blackstone offers various services and products to the public, including a variety of prepaid calling cards. On its website, Blackstone offers Blackstone-labeled calling cards, among other products, directly to the public for a fee. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting information pertaining to Blackstone's compliance with section 64.1195 of the Commission's rules. Blackstone provided certain contact information requested and an unsupported statement that ``Blackstone Calling Card, Inc., is not a carrier.'' After determining that Blackstone appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets (``Worksheets''), the Bureau issued a letter of inquiry (``LOI'') to Blackstone on October 21, 2004. The
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- providers of prepaid telecommunications products and services.'' Blackstone offers various services and products to the public, including a variety of prepaid calling cards. On its website, Blackstone offers Blackstone-labeled calling cards, among other products, directly to the public for a fee. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting information pertaining to Blackstone's compliance with section 64.1195 of the Commission's rules. Blackstone provided certain contact information requested and an unsupported statement that ``Blackstone Calling Card, Inc., is not a carrier.'' After determining that Blackstone appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets (``Worksheets''), the Bureau issued a letter of inquiry (``LOI'') to Blackstone on October 21, 2004. The
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- the attached Consent Decree entered into between the Enforcement Bureau and Clear World Communications Corp. (``Clear World''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Clear World for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees. The Enforcement Bureau and Clear World have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and
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- this Consent Decree without change, addition, deletion, or modification. ``Effective Date'' means the date on which the Commission or the Bureau releases the Adopting Order. ``Investigation'' means the investigation commenced by the Bureau's September 28, 2004 Letter of Inquiry regarding whether Clear World violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payments. I. BACKGROUND Pursuant to section 64.1195(a) of the Commission's rules, all carriers that provide interstate telecommunications service must register with the Commission through submission of FCC Form 499-A. In addition, pursuant to section 254(d) of the Act and
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- BACKGROUND ITE characterizes itself as a provider of residential and business long distance telephone services, international telephone services, and pre-paid phone card services. ITE began providing telecommunications services in the United States in 2002. On January 26, 2005, the Bureau sent ITE a Letter of Inquiry to obtain information concerning ITE's compliance with sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, which require entities that provide interstate telecommunications services to pay annual regulatory fees; to contribute to the Universal Service Fund (``USF''), TRS Fund, and North American Numbering Plan Administration (``NANPA'') Fund; and to file information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). Section 225(b)(1) of the Act, which codifies
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- requested to Ms. Ruth Peterson, President, Universal Telecommunications, Inc., 3781 Presidential Parkway, Atlanta, Georgia 30340 and 2799 Lawrenceville Highway, Suite 111, Decatur, Georgia 30033 and CT Corporation, Registered Agent, Universal Telecommunications, Inc, 111 Eighth Avenue, New York, New York 10011. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau (last accessed on June 13, 2006. Id. See 47 C.F.R. 64.1195(a). Letter from Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, to Ruth Peterson, Universal and CT Corporation, Registered Agent for Universal, dated August 17, 2005 (``August 17, 2005 LOI''). The LOI specifically required Universal to provide relevant information with respect to Universal and any affiliate, predecessor-in-interest, parent company, subsidiary, director, officer, employee, and agent. Receipt of the
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- entered into between the Enforcement Bureau (``Bureau'') of the Federal Communications Commission and FPL FiberNet, LLC (``FPL''). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against FPL for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. The Bureau and FPL have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence relating
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- attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') of the Federal Communications Commission and Intelecom Solutions, Inc. (``Intelecom''). The Consent Decree terminates an investigation initiated by the Bureau into possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. The Bureau and Intelecom have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence relating
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- and the Commission. ``Order'' or ``Adopting Order'' means an Order of the Bureau adopting the terms of this Consent Decree without change, addition, deletion, or modification. ``Effective Date'' means the date on which the Bureau releases the Adopting Order. ``Investigation'' means the investigation commenced by the Bureau's March 30, 2004 letter regarding Intelecom's compliance with the registration requirement of section 64.1195 of the Commission's rules and the Bureau's January 26, 2005 letter of inquiry regarding whether Intelecom violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, universal service, the Telecommunications Relay Service, the North American Numbering Plan Administration, and regulatory fees. I. BACKGROUND Pursuant
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- is a division of Smoky Mountains Systems, Inc., a North Carolina firm offering a variety of regulated and non-regulated telecommunications services. Unicom itself is a local and long distance carrier providing interstate telecommunications service in North Carolina and Florida. On March 30, 2004, the Bureau's audit staff sent a letter to Unicom requesting information pertaining to its compliance with section 64.1195 of the Commission's rules, which requires all telecommunications carriers that provide interstate telecommunications services to register with the Commission. The purpose of this requirement is to assist the Commission in monitoring the entry and operation of interstate telecommunications carriers to ensure that, among other things, they do not engage in fraud or evade oversight. After receiving an inadequate response and
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- a result, we cancel the $20,000 forfeiture proposed in the NAL. BACKGROUND Blackstone is a Florida-based company that offers various services and products to the public, among them a variety of prepaid calling cards, including cards with the Blackstone label. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting specific information relating to its compliance with Section 64.1195 of the Commission's rules. Section 64.1195(a) requires that a telecommunications carrier that will provide or already provides interstate telecommunications service file certain registration information with the Universal Service Administrative Company (``USAC''). Blackstone responded to the Bureau's inquiry letter by providing an unsupported statement that ``Blackstone Calling Card, Inc. is not a carrier'' and thus not required to comply with Section
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- Commission (the ``Commission''), TELUS Communications., Inc. and TELUS Communications Company (collectively ``TELUS''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against TELUS for possible violations of Sections 9, 225, 251, and 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan (``NANP'') administration, regulatory fees, and carrier registration. The Commission and TELUS have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before
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- ``Telecommunications Reporting Worksheet'' or ``Worksheet''); FCC Form 499-A Instructions (2007) at 1, 3-5. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Letter from Trent B. Harkrader, Deputy Chief, Investigations and
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- transmission to the facsimile number and the signed certified mail return receipt card. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Receipt of the letter is shown by confirmation of
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- over Internet Protocol (VoIP) providers. See 47 C.F.R. 54.706. The terms ``telecommunications carrier'' and ``telecommunications'' are defined in section 54.5 of the Commission's rules. See 47 C.F.R. 54.5. 47 C.F.R. 54.706. See also 47 C.F.R. 54.5 (defining ``interconnected VoIP provider''); 47 C.F.R. 9.3 (defining ``interconnected VoIP service''). 47 C.F.R. 1.8002(a). 47 C.F.R. 1.47, 64.1195. See Universal Service Contribution Methodology, WC Docket Nos. 06-122 & 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, & 98-170, & NSD File no. L-00-72, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518, 7548-49, para. 61 (2006) (2006 Contribution Methodology Order); Federal Communications Commission, Instructions to the Telecommunications Reporting Worksheet, Form 499-A, pp.16-17 (2006)
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and WTI Communications, Inc. (``WTI''). The Consent Decree terminates an investigation by the Bureau against WTI for possible violation of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to regulatory fees, the universal service fund, telecommunications relay service fund, and cost recovery mechanisms for the North American Numbering Plan administration and local number portability. The Bureau and WTI have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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- By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and CapRock Communications, Inc. (``CapRock''). The Consent Decree terminates an investigation by the Bureau against CapRock for possible violation of, among other things, section 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706, 54.711, and 64.1195 of the Commission's rules relating to registration, regulatory filings and the universal service fund. The Bureau and CapRock have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
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- 218, and 403 of the Communications Act of 1934, as amended (``the Act''), to provide certain information and documents. In addition, the Consent Decree terminates an investigation of Unicom for possible violations of sections 9, 225, 251, and 254 of the Act, relating to universal service and other programs, and, among others, sections 1.1154, 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, relating to regulatory fees, the North American Numbering Plan (``NANP'') cost recovery mechanism, the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and carrier registration. The Bureau and Unicom have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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- call 911 during emergency situations). See 47 C.F.R. 1.20000 - 1.20008. See id. 64.2001 - 64.2009. See id. 64.601 - 64.608. See id. 6.1 - 6.23 and 7.1 - 7.23. See id. 52.20 - 52.33 See id. 54.706. See id. 64.604. See id. 52.17. See id. 52.32. See id. 64.1195. Id. 0.111, 0.311 and 1.80. (continued ...) Federal Communications Commission DA 08-1920 Federal Communications Commission DA 08-1920 @ 0 0 # T
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- March 23, 2009 By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Yukon-Waltz Communications, Inc. (``Yukon-Waltz'' or ``the Company''). The Consent Decree terminates an investigation by the Bureau against Yukon-Waltz for possible violations of section 214 of the Communications Act of 1934, as amended, and sections 63.18 and 64.1195 of the Commission's Rules, which require that an entity obtain an international 214 authorization prior to providing international telecommunications service and register with the Universal Service Administrative Company. The Bureau and Yukon-Waltz have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the
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- that Allcom may be providing international telecommunications service without Commission authorization. On its website, Allcom claims to provide telephone service, voicemail, conference calling, paging, and International Public Access Numbers through its Universal Office and Genie products. On July 28, 2009, the Bureau initiated an investigation into AllCom's alleged violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 63.12(d), 63.18, 64.604, and 64.1195 of the Commission's rules, and Section 214 of the Communications Act of 1934, as amended (``the Act'') by issuing the LOI directing AllCom, among other things, to provide information regarding these obligations and directing Allcom to respond by August 27, 2009. The Bureau directed the LOI to Thomas Skala, the Chief Executive Officer for AllCom, based on information on the
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- requests; and that Defendants violated sections 64.1200(e)(2)(iii) and 64.1200(d)(3) of the Commission's rules, and section 227 of the Act, by failing to implement company-specific do-not-call requests within a reasonable amount of time. Complainants also allege that Verizon Communications violated sections 201, 205, 225, 227, 251, 254, 258 and 416 of the Act by failing to register in accordance with section 64.1195(c) of the Commission's rules while providing telecommunications service as a telecommunications carrier; and that Verizon New Jersey and Verizon Wireless violated section 64.1195(b)(1) of the Commission's rules, and sections 201, 205, 225, 227, 251, 254, 258, and 416 of the Act by filing false information on FCC Form 499-A while providing telecommunications service as a telecommunications carrier. Complainants allege that
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- Consent Decree entered into between the Enforcement Bureau (``Bureau'') and ComSpan Communications Inc. f/k/a Wantel, Inc. (``ComSpan'' or the ``Company''). The Consent Decree terminates an investigation by the Bureau against ComSpan for possible violations of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund (``USF'') and Telecommunications Relay Services (``TRS'') Fund; contributions to cost-recovery mechanisms for North American Numbering Plan (``NANP'') and Local Number Portability (``LNP'') administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
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- U.S.C. 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. 413; see also 47 C.F.R. 1.47(h). 6 47 C.F.R. 64.1195. 7 For this purpose, the United States is defined as the contiguous United States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico, the U.S. Virgin Islands, and Wake Island. 8 Section 254(d) applies not only to "every telecommunications carrier that provides interstate
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- FCC - 47 U.S.C. 214. 47 U.S.C. 254. Petitioner does have a pending application requesting international section 214 authorization to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission's rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission's rules, 47 C.F.R. 63.18(e)(1), (2). See ITC-214-20100907-00357. See 47 C.F.R. 64.1195. See 47 C.F.R. 54.706. Toronto Asia Tele Access Telecom Inc. and Manmohan Sing Thamber v. Tata Sons Limited, No. CV 09-01356 RSM (W.D. Wash. filed Sept. 29, 2009). 47 C.F.R. 1.1200(a). Id. 1.1206. See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). Id. See 47 C.F.R. 1.1206(b)(2). Id.
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- to the USF.5 147 U.S.C. 214. 247 U.S.C. 254. 3Petitioner does have a pending application requesting international section 214 authorization to provide facilities- based service in accordance with section 63.18(e)(1) of the Commission's rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission's rules, 47 C.F.R. 63.18(e)(1), (2). SeeITC-214- 20100907-00357. 4See47 C.F.R. 64.1195. 5See47 C.F.R. 54.706. 4961 Petitioner is involved in ongoing trademark litigation regarding use of the name "TATA."6According to Petitioner, a central, and potentially dispositive, issue in that litigation is the lawfulness of the services it has been providing in the United States; in other words, whether it needs section 214 authority to provide such services and whetherit must contribute to
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- Adopted: April 14, 2011 Released: April 14, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Allegiance Communications, LLC (``Allegiance'' or the ``Company''). The Consent Decree terminates an investigation by the Bureau against Allegiance for possible violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund (``USF'') and Telecommunications Relay Services (``TRS'') Fund; contributions to cost-recovery mechanisms for North American Numbering Plan (``NANP'') and Local Number Portability (``LNP'') administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
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- omitted). Nothing we say here, however, detracts from the obligation of each ``telecommunications carrier providing telecommunications service for resale . . . to ascertain whether a potential carrier-customer (i.e., reseller) that is subject to the registration requirement . . . has filed an FCC Form 499-A with the Commission prior to offering service to that carrier-customer.'' See 47 C.F.R. 64.1195(h). To the extent that USAC determines that any telecommunications provider it is auditing is not comporting with this rule (or any other Commission rule), USAC should refer the issue to the Commission for potential enforcement action. Id. at 14540, para. 17. NetworkIP asserts that it had ``clear procedures in place,'' ``made a reasonable effort to comply'' with the instructions, ``obtained
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- failure to file a hearing aid compatibility status report as a continuing violation), response pending. See ADMA Telecom, Inc., File No. EB-06-IH-2110, Forfeiture Order, FCC 11-42, at 4, para. 8 (rel. Mar. 10, 2010) (``ADMA's failure to register was a continuing violation that began on the day ADMA started providing interstate telecommunications service without having registered in accordance with section 64.1195(a) and continued until it filed its first Form 499 on August 1, 2006.''); Telrite Corp., Notice of Apparent Liability for Forfeiture and Order, 23 FCC Rcd 7231, 7244, para. 30 (2008) (construing the carrier's failures to file Telecommunications Reporting Worksheets as ``continuing violations for which the statute of limitations for forfeiture does not begin to run until the violation is
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- Order, we adopt a Consent Decree entered into between the Enforcement Bureau (Bureau) and Bay Springs Communications, Inc. (BSCI). The Consent Decree terminates an investigation by the Bureau against BSCI for possible violations of Sections 9(a)(1), 225, 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules (Rules) concerning various regulatory fee and reporting obligations as well as required contributions to the Universal Service Fund, the Telecommunications Relay Service Fund, and the North American Numbering Plan and Local Number Portability administration. The Consent Decree also terminates an investigation by the Bureau into possible violations of Section 222 of the Act, Section 64.2009(e) of
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- Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and StanaCard, LLC (StanaCard). The Consent Decree terminates an investigation by the Bureau against StanaCard for possible violations of Sections 214 and 225 of the Communications Act of 1934, as amended (Act) and Sections 63.18, 64.604(c)(5)(iii)(A), and 64.1195(a) of the Commission's rules (Rules) concerning authorization to provide facilities-based and resold international common carrier communications services, contributions to the Telecommunications Relay Services Fund, and registration with the Commission. A copy of the Consent Decree negotiated by the Bureau and StanaCard is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree and evaluating the
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- and (h) of the Commission's rules concerning the form and content for letters of agency. * * * A local exchange carrier administering a preferred carrier freeze must accept a subscriber's written or electronically signed authorization stating his or her intent to lift a preferred carrier freeze; and * * * Part 64, Subpart K, is amended by adding section 64.1195 to read as follows: 64.1195 Registration Requirement (a) Applicability. A telecommunications carrier that will provide interstate interexchange telecommunications service shall file the registration information described in subsection (b) of this section in accordance with the procedures described in subsections (c) and (g) of this section. Any telecommunications carrier already providing interstate interexchange telecommunications service on the effective date of
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- without change, addition, or modification. ``Order to Show Cause'' means the Order to Show Cause and Notice of Opportunity for Hearing, 18 FCC Rcd 6881 (2003). The ``Parties'' means the Companies and the Bureau. The ``Proceeding'' means the evidentiary hearing initiated by the Order to Show Cause. ``Registration'' means the filing of the information set forth in 47 C.F.R. 64.1195 (2002). ``Re-provisioning'' means the practice of changing a former customer's long distance telephone service back to the Companies without obtaining authorization or verification of any authorization from that customer for the change. ``Sales Call'' means a telephone solicitation for the purpose of obtaining or re-obtaining a customer for the Companies' long distance telephone service. ``Sales Representative'' means a person working
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- their systems integration revenue from the resale of telecommunications and entities that provide services only to themselves or to commonly-owned affiliates need not file. 3 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 7 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 2 least 10% of end-user telecommunications revenue was interstate. Because of the way their revenue was reported, we were unable to determine which payphone, satellite, prepaid card and operator service affiliates fell into the local / long distance category. Note that a local / long distance designation holds no implications about the way a filer sells telecommunications services. That is,
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- their systems integration revenue from the resale of telecommunications and entities that provide services only to themselves or to commonly-owned affiliates need not file. 3 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 8 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 2 least 10% of end-user telecommunications revenue was interstate. Because of the way their revenue was reported, we were unable to determine which payphone, satellite, prepaid card and operator service affiliates fell into the local / long distance category. Note that a local / long distance designation holds no implications about the way a filer sells telecommunications services. That is,
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- their systems integration revenue from the resale of telecommunications and entities that provide services only to themselves or to commonly-owned affiliates need not file. 3 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 8 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 2 least 10% of end-user telecommunications revenue was interstate. Because of the way their revenue was reported, we were unable to determine which payphone, satellite, prepaid card and operator service affiliates fell into the local / long distance category. Note that a local / long distance designation holds no implications about the way a filer sells telecommunications services. That is,
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- and (h) of the Commission's rules concerning the form and content for letters of agency. * * * A local exchange carrier administering a preferred carrier freeze must accept a subscriber's written or electronically signed authorization stating his or her intent to lift a preferred carrier freeze; and * * * Part 64, Subpart K, is amended by adding section 64.1195 to read as follows: 64.1195 Registration Requirement (a) Applicability. A telecommunications carrier shall not begin to provide interstate interexchange telecommunications service unless it has filed an FCC Form 499-A with the Commission in accordance with subsections (b) and (c) of this section. Any telecommunications carrier already providing interstate interexchange service on the effective date of these rules shall submit
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- fail to determine the registration status of other carriers before providing them with service may, after notice and opportunity to respond, be subject to a fine. Discussion. In this Order, we amend and clarify, on our own motion, certain aspects of the registration requirement discussed above. First, with regard to the applicability of the registration requirement, as addressed in section 64.1195(a), we clarify that all new and existing carriers providing interstate telecommunications service shall register with the Commission. This registration requirement enables the Commission to monitor those carriers providing telephone exchange service and telephone toll service, in a manner consistent with section 258 of the statute. Second, with regard to the information carriers are required to provide under section 64.1195(b), the
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- information to those agencies through the matching of computer records where authorized. With the exception of your employer identification number, if you do not provide the information we request on the worksheet, the Commission may consider you in violation of sections 1.47, 52.17, 52.32, 54.713, and 64.604 of the Commission's rules. 47 C.F.R. 1.47, 52.17, 52.32, 54.713, 64.604, and 64.1195. The foregoing Notice is required by the Privacy Act of 1974, P.L. 93-579, December 31, 1974, 5 U.S.C. 552(a)(e)(3), and the Paperwork Reduction Act of 1995, P.L. No. 104-13, 44 U.S.C. 3501, et seq. * * * * * Table of Contents I. Introduction 3 II. Filing Requirements and General Instructions 3 A. Who Must File 3 1.
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- Regulatory Review-Review of International Common Carrier Regulations, Notice of Proposed Rulemaking, 15 FCC Rcd 24264 (2000). See 47 C.F.R. 64.1100-1195; see also Notice at para. 28. See 47 C.F.R. 64.1120(e). CenturyTel Reply Comments at 5. Verizon Comments at 2, 7-8; Qwest Comments at 3-5; WorldCom Comments at 12-13; AT&T Comments at 2, 4-6. Verizon Comments at 7-8. Section 64.1195 of the Commission's rules provides that carriers are required to register with the Commission by filing certain portions of FCC Form 499-A when they commence providing telecommunications service. The required information includes the carrier's business name(s) and primary address(es), the names and business addresses of certain of the carrier's officers, the carrier's regulatory contact and designated agent for service of
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- rules. BOI simultaneously filed a request for waiver of the customer notification requirements set forth in Section 63.71(a) of the Commission's rules. A. BOI Responses to Commission Inquiries 6. The Letter of Inquiry to BOI of November 1, 2002 asked a number of questions concerning (1) BOI's corporate structure, (2) its compliance with Commission registration requirements under 47 C.F.R. 64.1195, (3) whether it or its affiliates, subsidiaries, or agents changed the preferred carriers of listed complainants after April 1, 2002, and (4) its telemarketing practices. Among other things, the Letter of Inquiry asked in Paragraph 3: [d]uring the period from April 1, 2002 to the present, has BOI or any of its subsidiaries, affiliates, or any other entity acting under
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- rules. BOI simultaneously filed a request for waiver of the customer notification requirements set forth in Section 63.71(a) of the Commission's rules. A. BOI Responses to Commission Inquiries 6. The Letter of Inquiry to BOI of November 1, 2002 asked a number of questions concerning (1) BOI's corporate structure, (2) its compliance with Commission registration requirements under 47 C.F.R. 64.1195, (3) whether it or its affiliates, subsidiaries, or agents changed the preferred carriers of listed complainants after April 1, 2002, and (4) its telemarketing practices. Among other things, the Letter of Inquiry asked in Paragraph 3: [d]uring the period from April 1, 2002 to the present, has BOI or any of its subsidiaries, affiliates, or any other entity acting under
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- support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. Federal Communications Commission FCC 04-70 40 identification number,21 and a list of the international section 214 authorizations that it holds. In addition, the carrier would provide basic information about the services that it provided the previous year. Based on the services the responding carrier reported, the schedule would inform the carrier which other schedules, if any, the carrier would be
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- indirectly benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005. We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004. Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act
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- and at least indirectly benefiting from federal programs supporting the telecommunications industry for years, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon our review of the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date. We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. We further find that Teletronics has apparently violated sections
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- provided by wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules. Thereafter, Carrera registered and belatedly filed on May 5, 2004, certain revenue information that had been due April 1, 2004. Carrera then responded to the Bureau's audit staff that it had registered and filed. After determining that Carrera appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets, the
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- COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 254(d). 47 C.F.R. 54.706(a). 47 C.F.R. 1.1154, 1.1157(b)(1). See, e.g., 47 U.S.C. 151. See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 47 C.F.R. 64.1195. See 47 U.S.C. 159(a),(b); 225(d)(3); 251(e)(2); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14 FCC Rcd 16602 (1999). The next year the Commission
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- wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to BCE Nexxia requesting information pertaining to BCE Nexxia's compliance with section 64.1195 of the Commission's rules. Thereafter, BCE Nexxia registered and belatedly filed on April 30, 2004, the annual Worksheet due April 1, 2004. BCE Nexxia then responded to the Bureau's audit staff that it had registered and filed its first annual Worksheet. After determining that BCE Nexxia appeared to have failed to timely register with the Commission or timely file certain
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- from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004. We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005. Finally, we find that Telecom House has apparently violated section 254(d) of the
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- indirectly benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005. We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005. Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934,
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- the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004. We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. Finally, we find that Global Teldata has apparently violated section 254(d) of
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- Decree entered into between the Federal Communications Commission (``the Commission'') and Communication Services Integrated, Inc. (``CSII''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against CSII for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. The Commission and CSII have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence
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- announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., Proposed Third Quarter 2003 Contribution Factor, Public Notice, 18 FCC Rcd 11442 (Wireline Comp. Bur. 2003) (``Contribution payments are due on the date shown on the administrator invoice.''). See 47 C.F.R. 64.1195(a). See Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated March 30, 2004 (requesting confirmation that TMI had filed registration information pursuant to section 64.1195(a) of the Commission's rules); Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated June 18,
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- USF. Rather, we assessed forfeitures for each of these carriers' additional violations, some in the hundreds of thousands of dollars. For example, in addition to the forfeiture we proposed for one carrier's failure to contribute to the USF, we also proposed a forfeiture against the carrier of $100,000 for its failure to register with the Commission as required by section 64.1195 of our rules; $250,000 for its failure to file five Telecommunications Reporting Worksheets with the Commission; $10,000 for its failure to contribute to the Telecommunications Relay Service fund, plus an upward adjustment of one-half of its unpaid contributions to that fund; $10,000 for failure to contributing to the North American Numbering Plan Administration fund; and $10,000 for failure to pay
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- FCC Rcd 17264 (2005) (``Global Teldata NAL''); InPhonic, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13277 (2005); Telecom House, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 15131 (2005); Teletronics, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13291 (2005). See para. 11, supra. 47 C.F.R. 64.1195(a). See, e.g., id. at 17275, 26-27. See, e.g., id. at 17274-75, 25. See Globcom Inc. d/b/a Globcom Global Communications, Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893 (2003), Globcom Inc., Order of Forfeiture, FCC 06-49. 47 C.F.R. 1.80(b). See, e.g., BigZoo.com Corp., Order of Forfeiture, 20 FCC Rcd 3954 (2005); QuickLink Telecom, Inc.,
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- FCC Rcd 17264 (2005) (``Global Teldata NAL''); InPhonic, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13277 (2005); Telecom House, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 15131 (2005); Teletronics, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13291 (2005). See para. 11, supra. 47 C.F.R. 64.1195(a). See, e.g., id. at 17275, 26-27. See, e.g., id. at 17274-75, 25. See Globcom Inc. d/b/a Globcom Global Communications, Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893 (2003), Globcom Inc., Order of Forfeiture, FCC 06-49. 47 C.F.R. 1.80(b). See, e.g., BigZoo.com Corp., Order of Forfeiture, 20 FCC Rcd 3954 (2005); QuickLink Telecom, Inc.,
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- (``Presiding Judge'') to determine, among other things: whether BOI had intentionally provided incorrect or misleading information to the Commission; whether BOI had engaged in unlawful ``slamming'' activities by changing consumers' long distance providers without authorization in violation of Section 258 of the Act and Section 64.1120(a)(1) of the Commission's rules; whether BOI failed to file registration statements required under Section 64.1195 of the Commission's rules; and whether BOI discontinued service to the public in violation of Section 214 of the Act and Section 63.71 of the Commission's rules. After the hearing was commenced, additional issues were added to determine whether BOI had properly filed Telecommunications Reporting Worksheets, and made all required contributions to the Universal Service Fund (``USF'') and Telecommunications Relay
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- attached Consent Decree entered into between the Federal Communications Commission (the ``Commission'') and Teletronics, Inc. (``Teletronics''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Teletronics for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. The Commission and Teletronics have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence relating
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- Further Notice of Apparent Liability for Forfeiture, we both impose a forfeiture of $819,905 (``Order of Forfeiture''), and propose a new forfeiture of $100,000 (``Further Notice of Apparent Liability''), against InPhonic, Inc. (``InPhonic''). The Order of Forfeiture follows a Notice of Apparent Liability we issued on July 25, 2005. Herein we find that InPhonic willfully and repeatedly violated: (1) section 64.1195 of the Commission's rules by failing to register with the Commission until January 2005; (2) sections 54.706(a) and 64.604(c)(5)(iii)(B) of the rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004; (3) section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and 54.711(a) of the rules by failing to contribute to the Universal
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- 0010-8659-96 ORDER OF FORFEITURE Adopted: April 18, 2007 Released: May 3, 2007 By the Commission: INTRODUCTION In this Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC (``Global Teldata''). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section
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- calculate annual contributions. In 2004, the Enforcement Bureau (``Bureau'') sought to identify resellers of telecommunications services that failed to register as telecommunications service providers with the Commission and, thus, may also have failed to satisfy various Commission program requirements. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules. On May 4, 2004, Carrera registered and belatedly filed certain financial information that had been due April 1, 2004. After determining that Carrera apparently failed to timely register with the Commission or timely file required Worksheets, the Bureau issued a letter of inquiry (``LOI'') to Carrera on July 29, 2004. Carrera did not respond within the
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- U.S.C. 3717, and administrative charges pursuant to 47 C.F.R. 1.1940 and 54.713, 31 C.F.R. 285.12(j). See, e.g., 47 U.S.C. 151. See Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024-26 (2000) (``Carrier Selection Order''). 47 C.F.R. 64.1195. Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC, which is then associated with further filings by the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal
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- OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 14, 2009 Released: January 14, 2009 By the Commission: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that ADMA Telecom, Inc. (``ADMA'') apparently violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Commission's rules by willfully or repeatedly failing to register with the Commission, failing to make the required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, cost recovery mechanisms for the North American Numbering Plan (``NANP'') administration and failing to obtain an international section 214
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- a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to Globalcom, Inc., Raymond Hexamer, Chief Executive Officer, 3340 West Market St., Akron, OH 44333. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 254(d). 47 C.F.R. 54.706(a) and 54.711(a). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195. See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
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- that a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to NTS Communications, Inc., Barbara Baldwin, Chief Executive Officer, 5307 W. Loop 289, Lubbock, TX 79414. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 254(d). 47 C.F.R. 54.706(a). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195. See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
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- Background. In the TRS Contribution NPRM, we proposed requiring non-interconnected VoIP service providers, like other contributors to the TRS Fund, to register with the Commission using FCC Form 499-A. In addition, we sought comment on our proposal that the registration requirements for carriers and interconnected VoIP service providers be adapted as part of our TRS rules or incorporated into Section 64.1195 of our rules. We also sought comment on whether to amend Section 1.47(h) of our rules to include providers of non-interconnected VoIP services among those required to designate a District of Columbia agent for service of process using the FCC Form 499-A in accordance with its instructions. Discussion. As proposed, we require non-interconnected VoIP service providers with interstate end-user revenues
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- sent by certified mail, return receipt requested, to Daniel Neal, CEO, Kajeet, Inc. and Kajeet/Airlink, LLC, 7101 Wisconsin Ave., Suite 1111, Bethesda, MD 20814. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 225(b)(1), 251(e)(2), 254(d). 47 C.F.R. 52.32(a), 54.706(a), 64.604(c)(5)(iii)(A). 47 U.S.C. 214; 47 C.F.R. 63.24. 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195. See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based on quarterly filings are subject to an annual true-up. 47 C.F.R.
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- designate a District of Columbia agent for service of process using the FCC Form 499-A will facilitate our enforcement of TRS Fund contribution obligations and is consistent with the congressional mandate for consistent and comparable obligations. We seek comment on this issue. We further propose that the registration requirements for carriers and interconnected VoIP service providers, set out at Section 64.1195 of the rules, should be adapted as part of our TRS rules for all non-interconnected VoIP service providers. We seek comment on this proposal and on the specific text of the proposed rule, set forth as new subsection 64.604(c)(5)(iii)(C) in Appendix A, as well as any other registration requirements, guidance, or rules that would be appropriate for non-interconnected VoIP service
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- 9, 2011 Released: March 10, 2011 By the Commission: I. INTRODUCTION In this Forfeiture Order, we assess a monetary forfeiture of $662,541 against ADMA Telecom, Inc. (``ADMA''). We find that ADMA willfully and repeatedly violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Federal Communications Commission's (the ``Commission's'' or ``FCC's'') rules by (1) failing to register with the Commission, (2) failing to make required regulatory filings, (3) failing to obtain an international section 214 authorization, and (4) failing to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for the North
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- support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. CORES is a web-based, password-protected, registration system that assigns a unique 10-digit FCC Registration Number (FRN) for use when doing business with the FCC. See New Commission Registration System (CORES) to be Implemented July 19, Public Notice, 15 FCC Rcd 18754 (2000). 5 U.S.C. 603(c)(1)-(c)(4). See FCC, 2009 International Telecommunications Data, p. 1, Statistical Findings (April 200). The report
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- support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. 56CORES is a web-based, password-protected, registration system that assigns a unique 10-digit FCC Registration Number (FRN) for use when doing business with the FCC. See NewCommission Registration System (CORES) to be Implemented July 19, Public Notice, 15 FCC Rcd 18754 (2000). 7348 Federal Communications Commission FCC 11-76 33. Proposed Schedule 2 would require filing entities to report a number of
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- OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: April 13, 2012 Released: April 16, 2012 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that RB Communications, Inc., d/b/a Starfone, apparently violated Section 214 of the Communications Act of 1934, as amended (the ``Act''), and Sections 1.1154, 1.1157(b)(1), 63.18, 64.604(c)(5)(iii)(A), and 64.1195 of the Commission's rules, by willfully and repeatedly failing to: (1) apply for and obtain authorization from the Commission to provide international telecommunications service; (2) register with the Commission; (3) contribute to the Telecommunications Relay Service (TRS) Fund; and (4) pay regulatory fees to the Commission. Based on our review of the facts and circumstances surrounding this matter, and for
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- obligation to register within thirty days of commencing service. We propose to amend section 54.706 to include the following proposed rule: (f) Registration Requirements. Every common carrier subject to the Communications Act of 1934, as amended, and every entity required to submit a Telecommunications Reporting Worksheet shall register with the Commission in accordance with the provisions of 47 C.F.R. 64.1195(a)-(c) and the Instructions to the Telecommunications Reporting Worksheet within thirty days of the commencement of provision of service. Deregistration Requirements. We also propose to require registered entities that no longer meet the requirements to register to file a deregistration with the Commission. A deregistration requirement could ensure that the Commission's Form 499 Filer Database is current and complete. Currently, if
- http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf
- U.S.C. 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. 413; see also 47 C.F.R. 1.47(h). 6 47 C.F.R. 64.1195. 7 For this purpose, the United States is defined as the contiguous United States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico, the U.S. Virgin Islands, and Wake Island. 8 Section 254(d) applies not only to "every telecommunications carrier that provides interstate
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- Commission's rules.12 BOI simultaneously filed a request for waiver of the customer notification requirements set forth in Section 63.71(a) of the Commission's rules. A. BOI Responses to Commission Inquiries 6. The Letter of Inquiry to BOI of November 1, 2002 asked a number of questions concerning (1) BOI's corporate structure, (2) its compliance with Commission registration requirements under 47 C.F.R. 64.1195, (3) whether it or its affiliates, subsidiaries, or agents changed the preferred carriers of listed complainants after April 1, 2002, and (4) its telemarketing practices. Among other things, the Letter of Inquiry asked in Paragraph 3: [d]uring the period from April 1, 2002 to the present, has BOI or any of its subsidiaries, affiliates, or any other entity acting under
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- Corporation (``WestCom'' or the ``Company''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether WestCom violated the universal service reporting and contribution requirements of Section 254 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. 254, and of Sections 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195 of the Commission's Rules, 47 C.F.R. 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195. 9. For the purposes of this Consent Decree, the following definitions shall apply: (a) The ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. (b) ``Adopting Order'' or ``Order'' means an order of the Commission or the Bureau adopting this Consent Decree.
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- or modification. (o) ``Order to Show Cause'' means the Order to Show Cause and Notice of Opportunity for Hearing, 18 FCC Rcd 6881 (2003). (p) The ``Parties'' means the Companies and the Bureau. (q) The ``Proceeding'' means the evidentiary hearing initiated by the Order to Show Cause. (r) ``Registration'' means the filing of the information set forth in 47 C.F.R. 64.1195 (2002). (s) ``Re-provisioning'' means the practice of changing a former customer's long distance telephone service back to the Companies without obtaining authorization or verification of any authorization from that customer for the change. (t) ``Sales Call'' means a telephone solicitation for the purpose of obtaining or re-obtaining a customer for the Companies' long distance telephone service. (u) ``Sales Representative'' means
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- Suite 1200, Houston, TX 77098; and Caterina Bergeron, President, World Communications Satellite Systems, 251 East Ohio St., Suite 500, Indianapolis, IN 46204. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 U.S.C. 258. 2 ``Slamming'' is the submission or execution of an unauthorized change in a subscriber's selection of a provider of telecommunications service. See generally 47 C.F.R. 64.1100- 64.1195. 3 World Communications Satellite Systems, Inc., Notice of Apparent Liability for Forfeiture, FCC 04-9, 2004 WL 63450 (rel. Jan. 15, 2004) (``NAL''). 4 47 C.F.R. 1.80(f)(3). 5 NAL at 17. 6 NAL at 17. We note that the 30 day deadline fell on February 14, 2004, a Saturday. Therefore, pursuant to 1.4(j) of the Commission's rules, the deadline was extended
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- Decree without change, addition, deletion, or modification. (f) ``Effective Date'' means the date on which the Commission or the Bureau releases the Adopting Order. (g) ``Investigation'' means the investigation commenced by the Bureau's October 28, 2004 Letter of Inquiry6 regarding whether Locus violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 54.713, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payment. I. BACKGROUND 3. Pursuant to section 254(d) of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, telecommunications carriers that provide interstate telecommunications services and private service providers that provide interstate telecommunications are
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- we adopt the attached Consent Decree entered into between the Enforcement Bureau and United Networks International, Inc. (``UNI''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against UNI for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''),1 relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees.2 2. The Enforcement Bureau and UNI have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us,
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- of prepaid telecommunications products and services.''1 Blackstone offers various services and products to the public, including a variety of prepaid calling cards.2 On its website, Blackstone offers Blackstone-labeled calling cards, among other products, directly to the public for a fee.3 3. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting information pertaining to Blackstone's compliance with section 64.1195 of the Commission's rules.4 Blackstone provided certain contact information requested and an unsupported statement that ``Blackstone Calling Card, Inc., is not a carrier.''5 4. After determining that Blackstone appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets (``Worksheets''), the Bureau issued a letter of inquiry (``LOI'') to Blackstone on October 21, 2004.6
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- benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. 2. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005.1 We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004.2 Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act
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- at least indirectly benefiting from federal programs supporting the telecommunications industry for years, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon our review of the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. 2. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date.1 We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. 2 We further find that Teletronics has apparently violated
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- provided by wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules.28 Thereafter, Carrera registered and belatedly filed on May 5, 2004, certain revenue information that had been due April 1, 2004. Carrera then responded to the Bureau's audit staff that it had registered and filed.29 10. After determining that Carrera appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets,
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- Metaire, LA 70002. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 147 U.S.C. 254(d). 247 C.F.R. 54.706(a). 347 C.F.R. 1.1154, 1.1157(b)(1). 4See, e.g., 47 U.S.C. 151. 5See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 647 C.F.R. 64.1195. 7See 47 U.S.C. 159(a),(b); 225(d)(3); 251(e)(2); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14 FCC Rcd 16602 (1999). The next year the Commission revised
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- wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to BCE Nexxia requesting information pertaining to BCE Nexxia's compliance with section 64.1195 of the Commission's rules.16 Thereafter, BCE Nexxia registered and belatedly filed on April 30, 2004, the annual Worksheet due April 1, 2004. BCE Nexxia then responded to the Bureau's audit staff that it had registered and filed its first annual Worksheet.17 9. After determining that BCE Nexxia appeared to have failed to timely register with the Commission or timely file
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- the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. 2. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004.1 We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005.2 Finally, we find that Telecom House has apparently violated section 254(d) of the
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- benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. 2. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005.1 We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005.2 Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934,
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- federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. 2. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004.1 We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004.2 Finally, we find that Global Teldata has apparently violated section 254(d) of
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- the attached Consent Decree entered into between the Enforcement Bureau and Clear World Communications Corp. ("Clear World"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Clear World for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees. 2. The Enforcement Bureau and Clear World have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before
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- Decree without change, addition, deletion, or modification. f. "Effective Date" means the date on which the Commission or the Bureau releases the Adopting Order. g. "Investigation" means the investigation commenced by the Bureau's September 28, 2004 Letter of Inquiry regarding whether Clear World violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payments. I. BACKGROUND 3. Pursuant to section 64.1195(a) of the Commission's rules, all carriers that provide interstate telecommunications service must register with the Commission through submission of FCC Form 499-A. In addition, pursuant to section 254(d) of the Act
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- ITE characterizes itself as a provider of residential and business long distance telephone services, international telephone services, and pre-paid phone card services. ITE began providing telecommunications services in the United States in 2002. 4. On January 26, 2005, the Bureau sent ITE a Letter of Inquiry to obtain information concerning ITE's compliance with sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, which require entities that provide interstate telecommunications services to pay annual regulatory fees; to contribute to the Universal Service Fund ("USF"), TRS Fund, and North American Numbering Plan Administration ("NANPA") Fund; and to file information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). 5. Section 225(b)(1) of the Act, which
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- Ms. Ruth Peterson, President, Universal Telecommunications, Inc., 3781 Presidential Parkway, Atlanta, Georgia 30340 and 2799 Lawrenceville Highway, Suite 111, Decatur, Georgia 30033 and CT Corporation, Registered Agent, Universal Telecommunications, Inc, 111 Eighth Avenue, New York, New York 10011. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See [1]http://www.utiworldnet.com/USP/servicesUSP.asp (last accessed on June 13, 2006. Id. See 47 C.F.R. S 64.1195(a). Letter from Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, to Ruth Peterson, Universal and CT Corporation, Registered Agent for Universal, dated August 17, 2005 ("August 17, 2005 LOI"). The LOI specifically required Universal to provide relevant information with respect to Universal and any affiliate, predecessor-in-interest, parent company, subsidiary, director, officer, employee, and agent. Receipt of the
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- entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and FPL FiberNet, LLC ("FPL"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against FPL for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Bureau and FPL have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and Intelecom Solutions, Inc. ("Intelecom"). The Consent Decree terminates an investigation initiated by the Bureau into possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Bureau and Intelecom have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- a division of Smoky Mountains Systems, Inc., a North Carolina firm offering a variety of regulated and non-regulated telecommunications services. Unicom itself is a local and long distance carrier providing interstate telecommunications service in North Carolina and Florida. 3. On March 30, 2004, the Bureau's audit staff sent a letter to Unicom requesting information pertaining to its compliance with section 64.1195 of the Commission's rules, which requires all telecommunications carriers that provide interstate telecommunications services to register with the Commission. The purpose of this requirement is to assist the Commission in monitoring the entry and operation of interstate telecommunications carriers to ensure that, among other things, they do not engage in fraud or evade oversight. After receiving an inadequate response and
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- Decree entered into between the Federal Communications Commission ("the Commission") and Communication Services Integrated, Inc. ("CSII"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against CSII for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Commission and CSII have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material
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- announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., Proposed Third Quarter 2003 Contribution Factor, Public Notice, 18 FCC Rcd 11442 (Wireline Comp. Bur. 2003) ("Contribution payments are due on the date shown on the administrator invoice."). See 47 C.F.R. S 64.1195(a). See Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated March 30, 2004 (requesting confirmation that TMI had filed registration information pursuant to section 64.1195(a) of the Commission's rules); Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated June 18,
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- USF. Rather, we assessed forfeitures for each of these carriers' additional violations, some in the hundreds of thousands of dollars. For example, in addition to the forfeiture we proposed for one carrier's failure to contribute to the USF, we also proposed a forfeiture against the carrier of $100,000 for its failure to register with the Commission as required by section 64.1195 of our rules; $250,000 for its failure to file five Telecommunications Reporting Worksheets with the Commission; $10,000 for its failure to contribute to the Telecommunications Relay Service fund, plus an upward adjustment of one-half of its unpaid contributions to that fund; $10,000 for failure to contributing to the North American Numbering Plan Administration fund; and $10,000 for failure to pay
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- FCC Rcd 17264 (2005) ("Global Teldata NAL"); InPhonic, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13277 (2005); Telecom House, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 15131 (2005); Teletronics, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13291 (2005). See para. 11, supra. 47 C.F.R. S 64.1195(a). See, e.g., id. at 17275, PP 26-27. See, e.g., id. at 17274-75, P 25. See Globcom Inc. d/b/a Globcom Global Communications, Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893 (2003), Globcom Inc., Order of Forfeiture, FCC 06-49. 47 C.F.R. S 1.80(b). See, e.g., BigZoo.com Corp., Order of Forfeiture, 20 FCC Rcd 3954 (2005); QuickLink Telecom, Inc.,
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- we cancel the $20,000 forfeiture proposed in the NAL. II. BACKGROUND 2. Blackstone is a Florida-based company that offers various services and products to the public, among them a variety of prepaid calling cards, including cards with the Blackstone label. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting specific information relating to its compliance with Section 64.1195 of the Commission's rules. Section 64.1195(a) requires that a telecommunications carrier that will provide or already provides interstate telecommunications service file certain registration information with the Universal Service Administrative Company ("USAC"). Blackstone responded to the Bureau's inquiry letter by providing an unsupported statement that "Blackstone Calling Card, Inc. is not a carrier" and thus not required to comply with Section
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- Commission (the "Commission"), TELUS Communications., Inc. and TELUS Communications Company (collectively "TELUS"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against TELUS for possible violations of Sections 9, 225, 251, and 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan ("NANP") administration, regulatory fees, and carrier registration. 2. The Commission and TELUS have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the
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- "Telecommunications Reporting Worksheet" or "Worksheet"); FCC Form 499-A Instructions (2007) at 1, 3-5. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. S:S: 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Letter from Trent B. Harkrader, Deputy Chief, Investigations and
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- transmission to the facsimile number and the signed certified mail return receipt card. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. S:S: 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Receipt of the letter is shown by confirmation of
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- ("Presiding Judge") to determine, among other things: whether BOI had intentionally provided incorrect or misleading information to the Commission; whether BOI had engaged in unlawful "slamming" activities by changing consumers' long distance providers without authorization in violation of Section 258 of the Act and Section 64.1120(a)(1) of the Commission's rules; whether BOI failed to file registration statements required under Section 64.1195 of the Commission's rules; and whether BOI discontinued service to the public in violation of Section 214 of the Act and Section 63.71 of the Commission's rules. After the hearing was commenced, additional issues were added to determine whether BOI had properly filed Telecommunications Reporting Worksheets, and made all required contributions to the Universal Service Fund ("USF") and Telecommunications Relay
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- attached Consent Decree entered into between the Federal Communications Commission (the "Commission") and Teletronics, Inc. ("Teletronics"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Teletronics for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Commission and Teletronics have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
- http://transition.fcc.gov/eb/Orders/2007/FCC-07-58A1.html
- Further Notice of Apparent Liability for Forfeiture, we both impose a forfeiture of $819,905 ("Order of Forfeiture"), and propose a new forfeiture of $100,000 ("Further Notice of Apparent Liability"), against InPhonic, Inc. ("InPhonic"). The Order of Forfeiture follows a Notice of Apparent Liability we issued on July 25, 2005. Herein we find that InPhonic willfully and repeatedly violated: (1) section 64.1195 of the Commission's rules by failing to register with the Commission until January 2005; (2) sections 54.706(a) and 64.604(c)(5)(iii)(B) of the rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") from 2002 to 2004; (3) section 254(d) of the Communications Act of 1934, as amended (the "Act"), and 54.711(a) of the rules by failing to contribute to the Universal
- http://transition.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
- OF FORFEITURE Adopted: April 18, 2007 Released: May 3, 2007 By the Commission: I. INTRODUCTION 1. In this Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC ("Global Teldata"). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section
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- annual contributions. 6. In 2004, the Enforcement Bureau ("Bureau") sought to identify resellers of telecommunications services that failed to register as telecommunications service providers with the Commission and, thus, may also have failed to satisfy various Commission program requirements. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules. On May 4, 2004, Carrera registered and belatedly filed certain financial information that had been due April 1, 2004. After determining that Carrera apparently failed to timely register with the Commission or timely file required Worksheets, the Bureau issued a letter of inquiry ("LOI") to Carrera on July 29, 2004. Carrera did not respond within the
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and WTI Communications, Inc. ("WTI"). The Consent Decree terminates an investigation by the Bureau against WTI for possible violation of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to regulatory fees, the universal service fund, telecommunications relay service fund, and cost recovery mechanisms for the North American Numbering Plan administration and local number portability. 2. The Bureau and WTI have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
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- the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and CapRock Communications, Inc. ("CapRock"). The Consent Decree terminates an investigation by the Bureau against CapRock for possible violation of, among other things, section 254 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706, 54.711, and 64.1195 of the Commission's rules relating to registration, regulatory filings and the universal service fund. 2. The Bureau and CapRock have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
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- 218, and 403 of the Communications Act of 1934, as amended ("the Act"), to provide certain information and documents. In addition, the Consent Decree terminates an investigation of Unicom for possible violations of sections 9, 225, 251, and 254 of the Act, relating to universal service and other programs, and, among others, sections 1.1154, 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, relating to regulatory fees, the North American Numbering Plan ("NANP") cost recovery mechanism, the Universal Service Fund ("USF"), the Telecommunications Relay Service ("TRS") Fund, and carrier registration. 2. The Bureau and Unicom have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
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- call 911 during emergency situations). See 47 C.F.R. S:S: 1.20000 - 1.20008. See id. S:S: 64.2001 - 64.2009. See id. S:S: 64.601 - 64.608. See id. S:S: 6.1 - 6.23 and S:S: 7.1 - 7.23. See id. S:S: 52.20 - 52.33 See id. S: 54.706. See id. S: 64.604. See id. S: 52.17. See id. S: 52.32. See id. S: 64.1195. Id. S:S: 0.111, 0.311 and 1.80. (Continued from previous page) (continued ...) Federal Communications Commission DA 08-1920 9 Federal Communications Commission DA 08-1920 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.doc
- http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
- U.S.C. S: 3717, and administrative charges pursuant to 47 C.F.R. S:S: 1.1940 and 54.713, 31 C.F.R. S: 285.12(j). See, e.g., 47 U.S.C. S: 151. See Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024-26 (2000) ("Carrier Selection Order"). 47 C.F.R. S: 64.1195. Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC, which is then associated with further filings by the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal
- http://transition.fcc.gov/eb/Orders/2009/DA-09-639A1.html
- 23, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Yukon-Waltz Communications, Inc. ("Yukon-Waltz" or "the Company"). The Consent Decree terminates an investigation by the Bureau against Yukon-Waltz for possible violations of section 214 of the Communications Act of 1934, as amended, and sections 63.18 and 64.1195 of the Commission's Rules, which require that an entity obtain an international 214 authorization prior to providing international telecommunications service and register with the Universal Service Administrative Company. 2. The Bureau and Yukon-Waltz have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After
- http://transition.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
- LIABILITY FOR FORFEITURE Adopted: January 14, 2009 Released: January 14, 2009 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that ADMA Telecom, Inc. ("ADMA") apparently violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Commission's rules by willfully or repeatedly failing to register with the Commission, failing to make the required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, cost recovery mechanisms for the North American Numbering Plan ("NANP") administration and failing to obtain an international section 214
- http://transition.fcc.gov/eb/Orders/2010/DA-10-1290A1.html
- that Allcom may be providing international telecommunications service without Commission authorization. On its website, Allcom claims to provide telephone service, voicemail, conference calling, paging, and International Public Access Numbers through its Universal Office and Genie products. On July 28, 2009, the Bureau initiated an investigation into AllCom's alleged violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 63.12(d), 63.18, 64.604, and 64.1195 of the Commission's rules, and Section 214 of the Communications Act of 1934, as amended ("the Act") by issuing the LOI directing AllCom, among other things, to provide information regarding these obligations and directing Allcom to respond by August 27, 2009. The Bureau directed the LOI to Thomas Skala, the Chief Executive Officer for AllCom, based on information on the
- http://transition.fcc.gov/eb/Orders/2010/DA-10-477A1.html
- requests; and that Defendants violated sections 64.1200(e)(2)(iii) and 64.1200(d)(3) of the Commission's rules, and section 227 of the Act, by failing to implement company-specific do-not-call requests within a reasonable amount of time. Complainants also allege that Verizon Communications violated sections 201, 205, 225, 227, 251, 254, 258 and 416 of the Act by failing to register in accordance with section 64.1195(c) of the Commission's rules while providing telecommunications service as a telecommunications carrier; and that Verizon New Jersey and Verizon Wireless violated section 64.1195(b)(1) of the Commission's rules, and sections 201, 205, 225, 227, 251, 254, 258, and 416 of the Act by filing false information on FCC Form 499-A while providing telecommunications service as a telecommunications carrier. 4. Complainants allege
- http://transition.fcc.gov/eb/Orders/2010/DA-10-692A1.html
- Consent Decree entered into between the Enforcement Bureau ("Bureau") and ComSpan Communications Inc. f/k/a Wantel, Inc. ("ComSpan" or the "Company"). The Consent Decree terminates an investigation by the Bureau against ComSpan for possible violations of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund ("USF") and Telecommunications Relay Services ("TRS") Fund; contributions to cost-recovery mechanisms for North American Numbering Plan ("NANP") and Local Number Portability ("LNP") administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
- http://transition.fcc.gov/eb/Orders/2010/DA-10-912A1.html
- TransAria, Inc. 7330 Shedhorn Drive Bozeman, MT 59718 Re: File No. EB-08-IH-1161 Dear Mr. Tarbert: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.708, 54.711, 64.604 and 64.1195 of the Commission's rules, and failing to comply with section 9.5(e)(3), one of the Commission's rules relating to the provision of E911 capabilities to its customers. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated July 30, 2008, the Investigations and Hearings
- http://transition.fcc.gov/eb/Orders/2010/DA-10-913A1.html
- Vocalocity, Inc. 600 Virginia Avenue, NE Atlanta, GA 30306 RE: File No. EB-08-IH-1151 Dear Mr. Jerkunica: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5) for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195 of the Commission's rules. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated May 21, 2008, the Investigations and Hearings Division of the Commission's Enforcement Bureau ("the Division") initiated an investigation into whether Vocalocity, Inc. ("Vocalocity") violated the Commission's rules and orders
- http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
- a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to Globalcom, Inc., Raymond Hexamer, Chief Executive Officer, 3340 West Market St., Akron, OH 44333. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(a) and 54.711(a). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195. See also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
- http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
- that a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to NTS Communications, Inc., Barbara Baldwin, Chief Executive Officer, 5307 W. Loop 289, Lubbock, TX 79414. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(a). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195. See also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-666A1.html
- April 14, 2011 Released: April 14, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Allegiance Communications, LLC ("Allegiance" or the "Company"). The Consent Decree terminates an investigation by the Bureau against Allegiance for possible violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund ("USF") and Telecommunications Relay Services ("TRS") Fund; contributions to cost-recovery mechanisms for North American Numbering Plan ("NANP") and Local Number Portability ("LNP") administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). 2.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-802A1.html
- failure to file a hearing aid compatibility status report as a continuing violation), response pending. See ADMA Telecom, Inc., File No. EB-06-IH-2110, Forfeiture Order, FCC 11-42, at 4, para. 8 (rel. Mar. 10, 2010) ("ADMA's failure to register was a continuing violation that began on the day ADMA started providing interstate telecommunications service without having registered in accordance with section 64.1195(a) and continued until it filed its first Form 499 on August 1, 2006."); Telrite Corp., Notice of Apparent Liability for Forfeiture and Order, 23 FCC Rcd 7231, 7244, para. 30 (2008) (construing the carrier's failures to file Telecommunications Reporting Worksheets as "continuing violations for which the statute of limitations for forfeiture does not begin to run until the violation is
- http://transition.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
- 2011 Released: March 10, 2011 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, we assess a monetary forfeiture of $662,541 against ADMA Telecom, Inc. ("ADMA"). We find that ADMA willfully and repeatedly violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Federal Communications Commission's (the "Commission's" or "FCC's") rules by (1) failing to register with the Commission, (2) failing to make required regulatory filings, (3) failing to obtain an international section 214 authorization, and (4) failing to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, and cost recovery mechanisms for the North
- http://transition.fcc.gov/eb/Orders/2012/DA-12-267A1.html
- Order, we adopt a Consent Decree entered into between the Enforcement Bureau (Bureau) and Bay Springs Communications, Inc. (BSCI). The Consent Decree terminates an investigation by the Bureau against BSCI for possible violations of Sections 9(a)(1), 225, 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules (Rules) concerning various regulatory fee and reporting obligations as well as required contributions to the Universal Service Fund, the Telecommunications Relay Service Fund, and the North American Numbering Plan and Local Number Portability administration. The Consent Decree also terminates an investigation by the Bureau into possible violations of Section 222 of the Act, Section 64.2009(e) of
- http://transition.fcc.gov/eb/Orders/2012/DA-12-8A1.html
- Bureau: 1. In this Order, we adopt the attached Consent Decree entered between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and StanaCard, LLC (StanaCard). The Consent Decree terminates an investigation by the Bureau against StanaCard for possible violations of Sections 214 and 225 of the Communications Act of 1934, as amended (Act) and Sections 63.18, 64.604(c)(5)(iii)(A), and 64.1195(a) of the Commission's rules (Rules) concerning authorization to provide facilities-based and resold international common carrier communications services, contributions to the Telecommunications Relay Services Fund, and registration with the Commission. 2. A copy of the Consent Decree negotiated by the Bureau and StanaCard is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and
- http://transition.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: April 13, 2012 Released: April 16, 2012 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that RB Communications, Inc., d/b/a Starfone, apparently violated Section 214 of the Communications Act of 1934, as amended (the "Act"), and Sections 1.1154, 1.1157(b)(1), 63.18, 64.604(c)(5)(iii)(A), and 64.1195 of the Commission's rules, by willfully and repeatedly failing to: (1) apply for and obtain authorization from the Commission to provide international telecommunications service; (2) register with the Commission; (3) contribute to the Telecommunications Relay Service (TRS) Fund; and (4) pay regulatory fees to the Commission. Based on our review of the facts and circumstances surrounding this matter, and for
- http://transition.fcc.gov/eb/Public_Notices/DA-04-437A2.html
- in lack of candor (Issue a); to determine whether BOI had changed consumers' preferred carrier without their authorization in willful or repeated violation of 258 of the Communications Act of 1934, as amended (the ``Act'') and 64.1100-1190 of the Commission's rules (Issue b); to determine whether BOI had failed to file FCC Form 499-A in willful or repeated violation of 64.1195 of the Commission's rules (Issue c); to determine whether BOI had discontinued service without Commission authorization in willful or repeated violation of 214 of the Act and 63.71 and 63.505 of the Commission's rules (Issue d); to determine whether BOI's authorization pursuant to 214 of the Act to operate as a common carrier should be revoked (Issue e); and to
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002163.doc
- subscriber's preferred carrier selections; and an explanation that the subscriber will be unable to make a change in carrier selection unless he or she lifts the freeze.'' 7. In Appendix A, on page 60, the text of Section 64.1190(d)(2)(ii) is revised to read as follows: `` * * *.'' 8. In Appendix A, on page 60, the text of Section 64.1195(a) is revised to read as follows: ``Applicability. A telecommunications carrier that will provide interstate interexchange telecommunications service shall file the registration information described in subsection (b) of this section in accordance with the procedures described in subsections (c) and (g) of this section. Any telecommunications carrier already providing interstate interexchange telecommunications service on the effective date of these rules shall
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00255.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00255.txt
- and (h) of the Commission's rules concerning the form and content for letters of agency. * * * A local exchange carrier administering a preferred carrier freeze must accept a subscriber's written or electronically signed authorization stating his or her intent to lift a preferred carrier freeze; and * * * Part 64, Subpart K, is amended by adding section 64.1195 to read as follows: 64.1195 Registration Requirement (a) Applicability. A telecommunications carrier that will provide interstate interexchange telecommunications service shall file the registration information described in subsection (b) of this section in accordance with the procedures described in subsections (c) and (g) of this section. Any telecommunications carrier already providing interstate interexchange telecommunications service on the effective date of
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.txt
- information to those agencies through the matching of computer records where authorized. With the exception of your employer identification number, if you do not provide the information we request on the worksheet, the Commission may consider you in violation of sections 1.47, 52.17, 52.32, 54.713, and 64.604 of the Commission's rules. 47 C.F.R. 1.47, 52.17, 52.32, 54.713, 64.604, and 64.1195. The foregoing Notice is required by the Privacy Act of 1974, P.L. 93-579, December 31, 1974, 5 U.S.C. 552(a)(e)(3), and the Paperwork Reduction Act of 1995, P.L. No. 104-13, 44 U.S.C. 3501, et seq. * * * * * Table of Contents I. Introduction 3 II. Filing Requirements and General Instructions 3 A. Who Must File 3 1.
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat02.pdf
- provide interstate services are not required to contribute. See Figure 3 of the Instructions to the Telecommunications Reporting Worksheet, FCC Form 499-A for more details. 6 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 7 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 3 Table 3 lists each of the 5,364 FCC Form 499-A filers alphabetically by legal name. For each filer, Table 3 shows contact information including legal name, address of corporate headquarters, telephone number for customer inquiries, principal communications business, and holding company. This table also shows for each filer the specific services from which they derive revenues: local, mobile, payphone,
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat03.pdf
- of their systems integration revenues from the resale of telecommunications and entities that provide services only to themselves or to commonly-owned affiliates need not file. 3 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 7 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 2 their total telecommunications billings, or if they reported at least $50 million in revenues in each category. Because of the way their revenues were reported, we were unable to determine which mobile service, payphone, satellite, prepaid card and operator service affiliates fell into the local / long distance category. Note that a local / long distance designation holds no
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat04.pdf
- their systems integration revenues from the resale of telecommunications and entities that provide services only to themselves or to commonly-owned affiliates need not file. 3 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 7 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 2 other hand, were included in the local / long distance category if, at the holding-company level, at least 10% of end-user telecommunications revenues were interstate. Because of the way their revenues were reported, we were unable to determine which payphone, satellite, prepaid card and operator service affiliates fell into the local / long distance category. Note that a local
- http://www.fcc.gov/Forms/Form499-A/499a-2001.pdf
- information to those agencies through the matching of computer records where authorized. With the exception of your employer identification number, if you do not provide the information we request on the worksheet, the Commission may consider you in violation of sections 1.47, 52.17, 52.32, 54.713, and 64.604 of the Commission's rules. 47 C.F.R. 1.47, 52.17, 52.32, 54.713, 64.604, and 64.1195. The foregoing Notice is required by the Privacy Act of 1974, P.L. 93-579, December 31, 1974, 5 U.S.C. 552(a)(e)(3), and the Paperwork Reduction Act of 1995, P.L. No. 104-13, 44 U.S.C. 3501, et seq. * * * * * Table of Contents I. Introduction 3 II. Filing Requirements and General Instructions 4 A. Who Must File 4 1.
- http://www.fcc.gov/Forms/Form499-A/499a-2002.pdf
- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services shall contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 requires all telecommunications carriers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 225, 251, 254, and 258 of the Communications Act of 1934, as amended, 47 U.S.C. 225, 251, 254, and 258. The data in the worksheet will be used to calculate contributions to the
- http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf
- Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 requires all telecommunications carriers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 225, 251, 254, and 258. The data in the Worksheet will be used to
- http://www.fcc.gov/Forms/Form499-A/499a-2004.pdf
- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end- user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 requires all telecommunications carriers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 225, 251, 254, and 258. The data in the Worksheet will be used to
- http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf
- Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 requires all telecommunications carriers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 151(i), 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 151(i), 225, 251, 254, and 258. The data in the Worksheet will be
- http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf
- Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 and the Commission's orders require all telecommunications carriers and interconnected VoIP providers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 151(i), 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 151(i), 225, 251, 254, and
- http://www.fcc.gov/Forms/Form499-A/499a-2008.pdf
- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier and interconnected VoIP provider contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.601(b), 64.604(c)(5)(iii)(B). Section 64.1195 and the Commission's orders require all telecommunications carriers and interconnected VoIP providers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under sections 151(i), 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 151(i), 225, 251, 254, and
- http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf
- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier and interconnected VoIP provider contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.601(b), 64.604(c)(5)(iii)(B). Section 64.1195 and the Commission's orders require all telecommunications carriers and interconnected VoIP providers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under sections 151(i), 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 151(i), 225, 251, 254, and
- http://www.fcc.gov/Forms/Form499-A/499a-2010.pdf
- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier and interconnected VoIP provider contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.601(b), 64.604(c)(5)(iii)(B). Section 64.1195 and the Commission's orders require all telecommunications carriers and interconnected VoIP providers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under sections 151(i), 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 151(i), 225, 251, 254, and
- http://www.fcc.gov/Forms/Form499-A/499a-2011.pdf
- U.S.C. 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. 413; see also 47 C.F.R. 1.47(h). 6 47 C.F.R. 64.1195. 7 For this purpose, the United States is defined as the contiguous United States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico, the U.S. Virgin Islands, and Wake Island. 8 Section 254(d) applies not only to "every telecommunications carrier that provides interstate
- http://www.fcc.gov/Forms/Form499-A/499a2-2011.pdf
- U.S.C. 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. 413; see also 47 C.F.R. 1.47(h). 6 47 C.F.R. 64.1195. 7 For this purpose, the United States is defined as the contiguous United States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico, the U.S. Virgin Islands, and Wake Island. 8 Section 254(d) applies not only to "every telecommunications carrier that provides interstate
- http://www.fcc.gov/eb/Orders/2003/FCC-03-68A1.html
- Commission's rules.12 BOI simultaneously filed a request for waiver of the customer notification requirements set forth in Section 63.71(a) of the Commission's rules. A. BOI Responses to Commission Inquiries 6. The Letter of Inquiry to BOI of November 1, 2002 asked a number of questions concerning (1) BOI's corporate structure, (2) its compliance with Commission registration requirements under 47 C.F.R. 64.1195, (3) whether it or its affiliates, subsidiaries, or agents changed the preferred carriers of listed complainants after April 1, 2002, and (4) its telemarketing practices. Among other things, the Letter of Inquiry asked in Paragraph 3: [d]uring the period from April 1, 2002 to the present, has BOI or any of its subsidiaries, affiliates, or any other entity acting under
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- Corporation (``WestCom'' or the ``Company''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether WestCom violated the universal service reporting and contribution requirements of Section 254 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. 254, and of Sections 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195 of the Commission's Rules, 47 C.F.R. 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195. 9. For the purposes of this Consent Decree, the following definitions shall apply: (a) The ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. (b) ``Adopting Order'' or ``Order'' means an order of the Commission or the Bureau adopting this Consent Decree.
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- or modification. (o) ``Order to Show Cause'' means the Order to Show Cause and Notice of Opportunity for Hearing, 18 FCC Rcd 6881 (2003). (p) The ``Parties'' means the Companies and the Bureau. (q) The ``Proceeding'' means the evidentiary hearing initiated by the Order to Show Cause. (r) ``Registration'' means the filing of the information set forth in 47 C.F.R. 64.1195 (2002). (s) ``Re-provisioning'' means the practice of changing a former customer's long distance telephone service back to the Companies without obtaining authorization or verification of any authorization from that customer for the change. (t) ``Sales Call'' means a telephone solicitation for the purpose of obtaining or re-obtaining a customer for the Companies' long distance telephone service. (u) ``Sales Representative'' means
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- Suite 1200, Houston, TX 77098; and Caterina Bergeron, President, World Communications Satellite Systems, 251 East Ohio St., Suite 500, Indianapolis, IN 46204. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 U.S.C. 258. 2 ``Slamming'' is the submission or execution of an unauthorized change in a subscriber's selection of a provider of telecommunications service. See generally 47 C.F.R. 64.1100- 64.1195. 3 World Communications Satellite Systems, Inc., Notice of Apparent Liability for Forfeiture, FCC 04-9, 2004 WL 63450 (rel. Jan. 15, 2004) (``NAL''). 4 47 C.F.R. 1.80(f)(3). 5 NAL at 17. 6 NAL at 17. We note that the 30 day deadline fell on February 14, 2004, a Saturday. Therefore, pursuant to 1.4(j) of the Commission's rules, the deadline was extended
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- Decree without change, addition, deletion, or modification. (f) ``Effective Date'' means the date on which the Commission or the Bureau releases the Adopting Order. (g) ``Investigation'' means the investigation commenced by the Bureau's October 28, 2004 Letter of Inquiry6 regarding whether Locus violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 54.713, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payment. I. BACKGROUND 3. Pursuant to section 254(d) of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, telecommunications carriers that provide interstate telecommunications services and private service providers that provide interstate telecommunications are
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- we adopt the attached Consent Decree entered into between the Enforcement Bureau and United Networks International, Inc. (``UNI''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against UNI for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''),1 relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees.2 2. The Enforcement Bureau and UNI have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us,
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- of prepaid telecommunications products and services.''1 Blackstone offers various services and products to the public, including a variety of prepaid calling cards.2 On its website, Blackstone offers Blackstone-labeled calling cards, among other products, directly to the public for a fee.3 3. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting information pertaining to Blackstone's compliance with section 64.1195 of the Commission's rules.4 Blackstone provided certain contact information requested and an unsupported statement that ``Blackstone Calling Card, Inc., is not a carrier.''5 4. After determining that Blackstone appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets (``Worksheets''), the Bureau issued a letter of inquiry (``LOI'') to Blackstone on October 21, 2004.6
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- benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. 2. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005.1 We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004.2 Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act
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- at least indirectly benefiting from federal programs supporting the telecommunications industry for years, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon our review of the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. 2. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date.1 We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. 2 We further find that Teletronics has apparently violated
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- provided by wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules.28 Thereafter, Carrera registered and belatedly filed on May 5, 2004, certain revenue information that had been due April 1, 2004. Carrera then responded to the Bureau's audit staff that it had registered and filed.29 10. After determining that Carrera appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets,
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- Metaire, LA 70002. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 147 U.S.C. 254(d). 247 C.F.R. 54.706(a). 347 C.F.R. 1.1154, 1.1157(b)(1). 4See, e.g., 47 U.S.C. 151. 5See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 647 C.F.R. 64.1195. 7See 47 U.S.C. 159(a),(b); 225(d)(3); 251(e)(2); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14 FCC Rcd 16602 (1999). The next year the Commission revised
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- wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to BCE Nexxia requesting information pertaining to BCE Nexxia's compliance with section 64.1195 of the Commission's rules.16 Thereafter, BCE Nexxia registered and belatedly filed on April 30, 2004, the annual Worksheet due April 1, 2004. BCE Nexxia then responded to the Bureau's audit staff that it had registered and filed its first annual Worksheet.17 9. After determining that BCE Nexxia appeared to have failed to timely register with the Commission or timely file
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- the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. 2. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004.1 We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005.2 Finally, we find that Telecom House has apparently violated section 254(d) of the
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- benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. 2. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005.1 We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005.2 Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934,
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- federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. 2. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004.1 We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004.2 Finally, we find that Global Teldata has apparently violated section 254(d) of
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- the attached Consent Decree entered into between the Enforcement Bureau and Clear World Communications Corp. ("Clear World"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Clear World for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees. 2. The Enforcement Bureau and Clear World have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before
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- Decree without change, addition, deletion, or modification. f. "Effective Date" means the date on which the Commission or the Bureau releases the Adopting Order. g. "Investigation" means the investigation commenced by the Bureau's September 28, 2004 Letter of Inquiry regarding whether Clear World violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payments. I. BACKGROUND 3. Pursuant to section 64.1195(a) of the Commission's rules, all carriers that provide interstate telecommunications service must register with the Commission through submission of FCC Form 499-A. In addition, pursuant to section 254(d) of the Act
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- ITE characterizes itself as a provider of residential and business long distance telephone services, international telephone services, and pre-paid phone card services. ITE began providing telecommunications services in the United States in 2002. 4. On January 26, 2005, the Bureau sent ITE a Letter of Inquiry to obtain information concerning ITE's compliance with sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, which require entities that provide interstate telecommunications services to pay annual regulatory fees; to contribute to the Universal Service Fund ("USF"), TRS Fund, and North American Numbering Plan Administration ("NANPA") Fund; and to file information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). 5. Section 225(b)(1) of the Act, which
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- Ms. Ruth Peterson, President, Universal Telecommunications, Inc., 3781 Presidential Parkway, Atlanta, Georgia 30340 and 2799 Lawrenceville Highway, Suite 111, Decatur, Georgia 30033 and CT Corporation, Registered Agent, Universal Telecommunications, Inc, 111 Eighth Avenue, New York, New York 10011. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See [1]http://www.utiworldnet.com/USP/servicesUSP.asp (last accessed on June 13, 2006. Id. See 47 C.F.R. S 64.1195(a). Letter from Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, to Ruth Peterson, Universal and CT Corporation, Registered Agent for Universal, dated August 17, 2005 ("August 17, 2005 LOI"). The LOI specifically required Universal to provide relevant information with respect to Universal and any affiliate, predecessor-in-interest, parent company, subsidiary, director, officer, employee, and agent. Receipt of the
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- entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and FPL FiberNet, LLC ("FPL"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against FPL for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Bureau and FPL have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and Intelecom Solutions, Inc. ("Intelecom"). The Consent Decree terminates an investigation initiated by the Bureau into possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Bureau and Intelecom have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- a division of Smoky Mountains Systems, Inc., a North Carolina firm offering a variety of regulated and non-regulated telecommunications services. Unicom itself is a local and long distance carrier providing interstate telecommunications service in North Carolina and Florida. 3. On March 30, 2004, the Bureau's audit staff sent a letter to Unicom requesting information pertaining to its compliance with section 64.1195 of the Commission's rules, which requires all telecommunications carriers that provide interstate telecommunications services to register with the Commission. The purpose of this requirement is to assist the Commission in monitoring the entry and operation of interstate telecommunications carriers to ensure that, among other things, they do not engage in fraud or evade oversight. After receiving an inadequate response and
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- Decree entered into between the Federal Communications Commission ("the Commission") and Communication Services Integrated, Inc. ("CSII"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against CSII for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Commission and CSII have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material
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- announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., Proposed Third Quarter 2003 Contribution Factor, Public Notice, 18 FCC Rcd 11442 (Wireline Comp. Bur. 2003) ("Contribution payments are due on the date shown on the administrator invoice."). See 47 C.F.R. S 64.1195(a). See Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated March 30, 2004 (requesting confirmation that TMI had filed registration information pursuant to section 64.1195(a) of the Commission's rules); Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated June 18,
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- USF. Rather, we assessed forfeitures for each of these carriers' additional violations, some in the hundreds of thousands of dollars. For example, in addition to the forfeiture we proposed for one carrier's failure to contribute to the USF, we also proposed a forfeiture against the carrier of $100,000 for its failure to register with the Commission as required by section 64.1195 of our rules; $250,000 for its failure to file five Telecommunications Reporting Worksheets with the Commission; $10,000 for its failure to contribute to the Telecommunications Relay Service fund, plus an upward adjustment of one-half of its unpaid contributions to that fund; $10,000 for failure to contributing to the North American Numbering Plan Administration fund; and $10,000 for failure to pay
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- FCC Rcd 17264 (2005) ("Global Teldata NAL"); InPhonic, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13277 (2005); Telecom House, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 15131 (2005); Teletronics, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13291 (2005). See para. 11, supra. 47 C.F.R. S 64.1195(a). See, e.g., id. at 17275, PP 26-27. See, e.g., id. at 17274-75, P 25. See Globcom Inc. d/b/a Globcom Global Communications, Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893 (2003), Globcom Inc., Order of Forfeiture, FCC 06-49. 47 C.F.R. S 1.80(b). See, e.g., BigZoo.com Corp., Order of Forfeiture, 20 FCC Rcd 3954 (2005); QuickLink Telecom, Inc.,
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- we cancel the $20,000 forfeiture proposed in the NAL. II. BACKGROUND 2. Blackstone is a Florida-based company that offers various services and products to the public, among them a variety of prepaid calling cards, including cards with the Blackstone label. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting specific information relating to its compliance with Section 64.1195 of the Commission's rules. Section 64.1195(a) requires that a telecommunications carrier that will provide or already provides interstate telecommunications service file certain registration information with the Universal Service Administrative Company ("USAC"). Blackstone responded to the Bureau's inquiry letter by providing an unsupported statement that "Blackstone Calling Card, Inc. is not a carrier" and thus not required to comply with Section
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- Commission (the "Commission"), TELUS Communications., Inc. and TELUS Communications Company (collectively "TELUS"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against TELUS for possible violations of Sections 9, 225, 251, and 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan ("NANP") administration, regulatory fees, and carrier registration. 2. The Commission and TELUS have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the
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- "Telecommunications Reporting Worksheet" or "Worksheet"); FCC Form 499-A Instructions (2007) at 1, 3-5. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. S:S: 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Letter from Trent B. Harkrader, Deputy Chief, Investigations and
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- transmission to the facsimile number and the signed certified mail return receipt card. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. S:S: 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Receipt of the letter is shown by confirmation of
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- ("Presiding Judge") to determine, among other things: whether BOI had intentionally provided incorrect or misleading information to the Commission; whether BOI had engaged in unlawful "slamming" activities by changing consumers' long distance providers without authorization in violation of Section 258 of the Act and Section 64.1120(a)(1) of the Commission's rules; whether BOI failed to file registration statements required under Section 64.1195 of the Commission's rules; and whether BOI discontinued service to the public in violation of Section 214 of the Act and Section 63.71 of the Commission's rules. After the hearing was commenced, additional issues were added to determine whether BOI had properly filed Telecommunications Reporting Worksheets, and made all required contributions to the Universal Service Fund ("USF") and Telecommunications Relay
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- attached Consent Decree entered into between the Federal Communications Commission (the "Commission") and Teletronics, Inc. ("Teletronics"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Teletronics for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Commission and Teletronics have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- Further Notice of Apparent Liability for Forfeiture, we both impose a forfeiture of $819,905 ("Order of Forfeiture"), and propose a new forfeiture of $100,000 ("Further Notice of Apparent Liability"), against InPhonic, Inc. ("InPhonic"). The Order of Forfeiture follows a Notice of Apparent Liability we issued on July 25, 2005. Herein we find that InPhonic willfully and repeatedly violated: (1) section 64.1195 of the Commission's rules by failing to register with the Commission until January 2005; (2) sections 54.706(a) and 64.604(c)(5)(iii)(B) of the rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") from 2002 to 2004; (3) section 254(d) of the Communications Act of 1934, as amended (the "Act"), and 54.711(a) of the rules by failing to contribute to the Universal
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- OF FORFEITURE Adopted: April 18, 2007 Released: May 3, 2007 By the Commission: I. INTRODUCTION 1. In this Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC ("Global Teldata"). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section
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- annual contributions. 6. In 2004, the Enforcement Bureau ("Bureau") sought to identify resellers of telecommunications services that failed to register as telecommunications service providers with the Commission and, thus, may also have failed to satisfy various Commission program requirements. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules. On May 4, 2004, Carrera registered and belatedly filed certain financial information that had been due April 1, 2004. After determining that Carrera apparently failed to timely register with the Commission or timely file required Worksheets, the Bureau issued a letter of inquiry ("LOI") to Carrera on July 29, 2004. Carrera did not respond within the
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and WTI Communications, Inc. ("WTI"). The Consent Decree terminates an investigation by the Bureau against WTI for possible violation of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to regulatory fees, the universal service fund, telecommunications relay service fund, and cost recovery mechanisms for the North American Numbering Plan administration and local number portability. 2. The Bureau and WTI have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
- http://www.fcc.gov/eb/Orders/2008/DA-08-1322A1.html
- the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and CapRock Communications, Inc. ("CapRock"). The Consent Decree terminates an investigation by the Bureau against CapRock for possible violation of, among other things, section 254 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706, 54.711, and 64.1195 of the Commission's rules relating to registration, regulatory filings and the universal service fund. 2. The Bureau and CapRock have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
- http://www.fcc.gov/eb/Orders/2008/DA-08-1336A1.html
- 218, and 403 of the Communications Act of 1934, as amended ("the Act"), to provide certain information and documents. In addition, the Consent Decree terminates an investigation of Unicom for possible violations of sections 9, 225, 251, and 254 of the Act, relating to universal service and other programs, and, among others, sections 1.1154, 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, relating to regulatory fees, the North American Numbering Plan ("NANP") cost recovery mechanism, the Universal Service Fund ("USF"), the Telecommunications Relay Service ("TRS") Fund, and carrier registration. 2. The Bureau and Unicom have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
- http://www.fcc.gov/eb/Orders/2008/DA-08-1920A1.html
- call 911 during emergency situations). See 47 C.F.R. S:S: 1.20000 - 1.20008. See id. S:S: 64.2001 - 64.2009. See id. S:S: 64.601 - 64.608. See id. S:S: 6.1 - 6.23 and S:S: 7.1 - 7.23. See id. S:S: 52.20 - 52.33 See id. S: 54.706. See id. S: 64.604. See id. S: 52.17. See id. S: 52.32. See id. S: 64.1195. Id. S:S: 0.111, 0.311 and 1.80. (Continued from previous page) (continued ...) Federal Communications Commission DA 08-1920 9 Federal Communications Commission DA 08-1920 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.doc
- http://www.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
- U.S.C. S: 3717, and administrative charges pursuant to 47 C.F.R. S:S: 1.1940 and 54.713, 31 C.F.R. S: 285.12(j). See, e.g., 47 U.S.C. S: 151. See Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024-26 (2000) ("Carrier Selection Order"). 47 C.F.R. S: 64.1195. Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC, which is then associated with further filings by the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal
- http://www.fcc.gov/eb/Orders/2009/DA-09-639A1.html
- 23, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Yukon-Waltz Communications, Inc. ("Yukon-Waltz" or "the Company"). The Consent Decree terminates an investigation by the Bureau against Yukon-Waltz for possible violations of section 214 of the Communications Act of 1934, as amended, and sections 63.18 and 64.1195 of the Commission's Rules, which require that an entity obtain an international 214 authorization prior to providing international telecommunications service and register with the Universal Service Administrative Company. 2. The Bureau and Yukon-Waltz have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After
- http://www.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
- LIABILITY FOR FORFEITURE Adopted: January 14, 2009 Released: January 14, 2009 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that ADMA Telecom, Inc. ("ADMA") apparently violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Commission's rules by willfully or repeatedly failing to register with the Commission, failing to make the required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, cost recovery mechanisms for the North American Numbering Plan ("NANP") administration and failing to obtain an international section 214
- http://www.fcc.gov/eb/Orders/2010/DA-10-1290A1.html
- that Allcom may be providing international telecommunications service without Commission authorization. On its website, Allcom claims to provide telephone service, voicemail, conference calling, paging, and International Public Access Numbers through its Universal Office and Genie products. On July 28, 2009, the Bureau initiated an investigation into AllCom's alleged violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 63.12(d), 63.18, 64.604, and 64.1195 of the Commission's rules, and Section 214 of the Communications Act of 1934, as amended ("the Act") by issuing the LOI directing AllCom, among other things, to provide information regarding these obligations and directing Allcom to respond by August 27, 2009. The Bureau directed the LOI to Thomas Skala, the Chief Executive Officer for AllCom, based on information on the
- http://www.fcc.gov/eb/Orders/2010/DA-10-477A1.html
- requests; and that Defendants violated sections 64.1200(e)(2)(iii) and 64.1200(d)(3) of the Commission's rules, and section 227 of the Act, by failing to implement company-specific do-not-call requests within a reasonable amount of time. Complainants also allege that Verizon Communications violated sections 201, 205, 225, 227, 251, 254, 258 and 416 of the Act by failing to register in accordance with section 64.1195(c) of the Commission's rules while providing telecommunications service as a telecommunications carrier; and that Verizon New Jersey and Verizon Wireless violated section 64.1195(b)(1) of the Commission's rules, and sections 201, 205, 225, 227, 251, 254, 258, and 416 of the Act by filing false information on FCC Form 499-A while providing telecommunications service as a telecommunications carrier. 4. Complainants allege
- http://www.fcc.gov/eb/Orders/2010/DA-10-692A1.html
- Consent Decree entered into between the Enforcement Bureau ("Bureau") and ComSpan Communications Inc. f/k/a Wantel, Inc. ("ComSpan" or the "Company"). The Consent Decree terminates an investigation by the Bureau against ComSpan for possible violations of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund ("USF") and Telecommunications Relay Services ("TRS") Fund; contributions to cost-recovery mechanisms for North American Numbering Plan ("NANP") and Local Number Portability ("LNP") administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
- http://www.fcc.gov/eb/Orders/2010/DA-10-912A1.html
- TransAria, Inc. 7330 Shedhorn Drive Bozeman, MT 59718 Re: File No. EB-08-IH-1161 Dear Mr. Tarbert: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.708, 54.711, 64.604 and 64.1195 of the Commission's rules, and failing to comply with section 9.5(e)(3), one of the Commission's rules relating to the provision of E911 capabilities to its customers. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated July 30, 2008, the Investigations and Hearings
- http://www.fcc.gov/eb/Orders/2010/DA-10-913A1.html
- Vocalocity, Inc. 600 Virginia Avenue, NE Atlanta, GA 30306 RE: File No. EB-08-IH-1151 Dear Mr. Jerkunica: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5) for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195 of the Commission's rules. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated May 21, 2008, the Investigations and Hearings Division of the Commission's Enforcement Bureau ("the Division") initiated an investigation into whether Vocalocity, Inc. ("Vocalocity") violated the Commission's rules and orders
- http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
- a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to Globalcom, Inc., Raymond Hexamer, Chief Executive Officer, 3340 West Market St., Akron, OH 44333. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(a) and 54.711(a). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195. See also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
- http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
- that a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to NTS Communications, Inc., Barbara Baldwin, Chief Executive Officer, 5307 W. Loop 289, Lubbock, TX 79414. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(a). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195. See also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
- http://www.fcc.gov/eb/Orders/2011/DA-11-666A1.html
- April 14, 2011 Released: April 14, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Allegiance Communications, LLC ("Allegiance" or the "Company"). The Consent Decree terminates an investigation by the Bureau against Allegiance for possible violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund ("USF") and Telecommunications Relay Services ("TRS") Fund; contributions to cost-recovery mechanisms for North American Numbering Plan ("NANP") and Local Number Portability ("LNP") administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). 2.
- http://www.fcc.gov/eb/Orders/2011/DA-11-802A1.html
- failure to file a hearing aid compatibility status report as a continuing violation), response pending. See ADMA Telecom, Inc., File No. EB-06-IH-2110, Forfeiture Order, FCC 11-42, at 4, para. 8 (rel. Mar. 10, 2010) ("ADMA's failure to register was a continuing violation that began on the day ADMA started providing interstate telecommunications service without having registered in accordance with section 64.1195(a) and continued until it filed its first Form 499 on August 1, 2006."); Telrite Corp., Notice of Apparent Liability for Forfeiture and Order, 23 FCC Rcd 7231, 7244, para. 30 (2008) (construing the carrier's failures to file Telecommunications Reporting Worksheets as "continuing violations for which the statute of limitations for forfeiture does not begin to run until the violation is
- http://www.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
- 2011 Released: March 10, 2011 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, we assess a monetary forfeiture of $662,541 against ADMA Telecom, Inc. ("ADMA"). We find that ADMA willfully and repeatedly violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Federal Communications Commission's (the "Commission's" or "FCC's") rules by (1) failing to register with the Commission, (2) failing to make required regulatory filings, (3) failing to obtain an international section 214 authorization, and (4) failing to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, and cost recovery mechanisms for the North
- http://www.fcc.gov/eb/Orders/2012/DA-12-267A1.html
- Order, we adopt a Consent Decree entered into between the Enforcement Bureau (Bureau) and Bay Springs Communications, Inc. (BSCI). The Consent Decree terminates an investigation by the Bureau against BSCI for possible violations of Sections 9(a)(1), 225, 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules (Rules) concerning various regulatory fee and reporting obligations as well as required contributions to the Universal Service Fund, the Telecommunications Relay Service Fund, and the North American Numbering Plan and Local Number Portability administration. The Consent Decree also terminates an investigation by the Bureau into possible violations of Section 222 of the Act, Section 64.2009(e) of
- http://www.fcc.gov/eb/Orders/2012/DA-12-8A1.html
- Bureau: 1. In this Order, we adopt the attached Consent Decree entered between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and StanaCard, LLC (StanaCard). The Consent Decree terminates an investigation by the Bureau against StanaCard for possible violations of Sections 214 and 225 of the Communications Act of 1934, as amended (Act) and Sections 63.18, 64.604(c)(5)(iii)(A), and 64.1195(a) of the Commission's rules (Rules) concerning authorization to provide facilities-based and resold international common carrier communications services, contributions to the Telecommunications Relay Services Fund, and registration with the Commission. 2. A copy of the Consent Decree negotiated by the Bureau and StanaCard is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and
- http://www.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: April 13, 2012 Released: April 16, 2012 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that RB Communications, Inc., d/b/a Starfone, apparently violated Section 214 of the Communications Act of 1934, as amended (the "Act"), and Sections 1.1154, 1.1157(b)(1), 63.18, 64.604(c)(5)(iii)(A), and 64.1195 of the Commission's rules, by willfully and repeatedly failing to: (1) apply for and obtain authorization from the Commission to provide international telecommunications service; (2) register with the Commission; (3) contribute to the Telecommunications Relay Service (TRS) Fund; and (4) pay regulatory fees to the Commission. Based on our review of the facts and circumstances surrounding this matter, and for
- http://www.fcc.gov/eb/Public_Notices/DA-04-437A2.html
- in lack of candor (Issue a); to determine whether BOI had changed consumers' preferred carrier without their authorization in willful or repeated violation of 258 of the Communications Act of 1934, as amended (the ``Act'') and 64.1100-1190 of the Commission's rules (Issue b); to determine whether BOI had failed to file FCC Form 499-A in willful or repeated violation of 64.1195 of the Commission's rules (Issue c); to determine whether BOI had discontinued service without Commission authorization in willful or repeated violation of 214 of the Act and 63.71 and 63.505 of the Commission's rules (Issue d); to determine whether BOI's authorization pursuant to 214 of the Act to operate as a common carrier should be revoked (Issue e); and to
- http://www.fcc.gov/slamming/part64.pdf
- confirm appropriate verification data (e.g., the subscriber's date of birth or social se- curity number) and the information re- quired in 64.1190(d)(3)(ii)(A) through (D). Telecommunications carriers electing to confirm preferred carrier freeze orders electronically shall estab- lish one or more toll-free telephone VerDate 0ct<09>2002 01:11 Oct 24, 2002Jkt 197190PO 00000Frm 00275Fmt 8010Sfmt 8010Y:\SGML\197190T.XXX197190T 276 47 CFR Ch. I (10102 Edition) 64.1195 numbers exclusively for that purpose. Calls to the number(s) will connect a subscriber to a voice response unit, or similar mechanism that records the re- quired information regarding the pre- ferred carrier freeze request, including automatically recording the origi- nating automatic numbering identi- fication; or (iii) An appropriately qualified inde- pendent third party has obtained the subscriber's oral authorization to
- http://www.fcc.gov/wcb/filing.html
- Numbering Resource Utilization/Forecast (NRUF) * [29]Section 1.47(h) Designation of Agent for Service of Process * [30]Section 1.8001 Commission Registration System (CORES) * [31]Automated Reporting Management Information System (ARMIS) [ARMIS Reports 43-01 through 43-08 and ARMIS Reports 495-A and 495-B.] * [32]Section 43.21(c) Letter [Formerly Form P.] * [33]Interstate Service Tariff * [34]Section 64.709 Interstate Service INFORMATIONAL Tariff Requirement * [35]Section 64.1195 Carrier Registration Requirement * [36]Section 64.1900 Geographic Rate Averaging Certification * [37]Section 64.2009 Annual CPNI Compliance Certification * [38]Section 64.2105 Creation and Filing of System Security and Integrity Manuals as required by the Communications Assistance for Law Enforcement Act (CALEA) * [39]Section 64.5001 Quarterly PIU Reporting and Certification * [40]Regulatory Fees [41]Additional Requirements that Apply to International Service Providers *
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3235A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3235A1.pdf
- a result, we cancel the $20,000 forfeiture proposed in the NAL. BACKGROUND Blackstone is a Florida-based company that offers various services and products to the public, among them a variety of prepaid calling cards, including cards with the Blackstone label. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting specific information relating to its compliance with Section 64.1195 of the Commission's rules. Section 64.1195(a) requires that a telecommunications carrier that will provide or already provides interstate telecommunications service file certain registration information with the Universal Service Administrative Company (``USAC''). Blackstone responded to the Bureau's inquiry letter by providing an unsupported statement that ``Blackstone Calling Card, Inc. is not a carrier'' and thus not required to comply with Section
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4012A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4012A1.pdf
- Commission (the ``Commission''), TELUS Communications., Inc. and TELUS Communications Company (collectively ``TELUS''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against TELUS for possible violations of Sections 9, 225, 251, and 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan (``NANP'') administration, regulatory fees, and carrier registration. The Commission and TELUS have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.pdf
- ``Telecommunications Reporting Worksheet'' or ``Worksheet''); FCC Form 499-A Instructions (2007) at 1, 3-5. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Letter from Trent B. Harkrader, Deputy Chief, Investigations and
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.pdf
- transmission to the facsimile number and the signed certified mail return receipt card. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Receipt of the letter is shown by confirmation of
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1178A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1178A1.pdf
- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and WTI Communications, Inc. (``WTI''). The Consent Decree terminates an investigation by the Bureau against WTI for possible violation of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to regulatory fees, the universal service fund, telecommunications relay service fund, and cost recovery mechanisms for the North American Numbering Plan administration and local number portability. The Bureau and WTI have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1322A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1322A1.pdf
- By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and CapRock Communications, Inc. (``CapRock''). The Consent Decree terminates an investigation by the Bureau against CapRock for possible violation of, among other things, section 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706, 54.711, and 64.1195 of the Commission's rules relating to registration, regulatory filings and the universal service fund. The Bureau and CapRock have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1336A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1336A1.pdf
- 218, and 403 of the Communications Act of 1934, as amended (``the Act''), to provide certain information and documents. In addition, the Consent Decree terminates an investigation of Unicom for possible violations of sections 9, 225, 251, and 254 of the Act, relating to universal service and other programs, and, among others, sections 1.1154, 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, relating to regulatory fees, the North American Numbering Plan (``NANP'') cost recovery mechanism, the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and carrier registration. The Bureau and Unicom have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.pdf
- call 911 during emergency situations). See 47 C.F.R. 1.20000 - 1.20008. See id. 64.2001 - 64.2009. See id. 64.601 - 64.608. See id. 6.1 - 6.23 and 7.1 - 7.23. See id. 52.20 - 52.33 See id. 54.706. See id. 64.604. See id. 52.17. See id. 52.32. See id. 64.1195. Id. 0.111, 0.311 and 1.80. (continued ...) Federal Communications Commission DA 08-1920 Federal Communications Commission DA 08-1920 @ 0 0 # T
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-639A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-639A1.pdf
- March 23, 2009 By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Yukon-Waltz Communications, Inc. (``Yukon-Waltz'' or ``the Company''). The Consent Decree terminates an investigation by the Bureau against Yukon-Waltz for possible violations of section 214 of the Communications Act of 1934, as amended, and sections 63.18 and 64.1195 of the Commission's Rules, which require that an entity obtain an international 214 authorization prior to providing international telecommunications service and register with the Universal Service Administrative Company. The Bureau and Yukon-Waltz have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the
- http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1290A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1290A1.pdf
- that Allcom may be providing international telecommunications service without Commission authorization. On its website, Allcom claims to provide telephone service, voicemail, conference calling, paging, and International Public Access Numbers through its Universal Office and Genie products. On July 28, 2009, the Bureau initiated an investigation into AllCom's alleged violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 63.12(d), 63.18, 64.604, and 64.1195 of the Commission's rules, and Section 214 of the Communications Act of 1934, as amended (``the Act'') by issuing the LOI directing AllCom, among other things, to provide information regarding these obligations and directing Allcom to respond by August 27, 2009. The Bureau directed the LOI to Thomas Skala, the Chief Executive Officer for AllCom, based on information on the
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- requests; and that Defendants violated sections 64.1200(e)(2)(iii) and 64.1200(d)(3) of the Commission's rules, and section 227 of the Act, by failing to implement company-specific do-not-call requests within a reasonable amount of time. Complainants also allege that Verizon Communications violated sections 201, 205, 225, 227, 251, 254, 258 and 416 of the Act by failing to register in accordance with section 64.1195(c) of the Commission's rules while providing telecommunications service as a telecommunications carrier; and that Verizon New Jersey and Verizon Wireless violated section 64.1195(b)(1) of the Commission's rules, and sections 201, 205, 225, 227, 251, 254, 258, and 416 of the Act by filing false information on FCC Form 499-A while providing telecommunications service as a telecommunications carrier. Complainants allege that
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- Consent Decree entered into between the Enforcement Bureau (``Bureau'') and ComSpan Communications Inc. f/k/a Wantel, Inc. (``ComSpan'' or the ``Company''). The Consent Decree terminates an investigation by the Bureau against ComSpan for possible violations of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund (``USF'') and Telecommunications Relay Services (``TRS'') Fund; contributions to cost-recovery mechanisms for North American Numbering Plan (``NANP'') and Local Number Portability (``LNP'') administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
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- Adopted: April 14, 2011 Released: April 14, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Allegiance Communications, LLC (``Allegiance'' or the ``Company''). The Consent Decree terminates an investigation by the Bureau against Allegiance for possible violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund (``USF'') and Telecommunications Relay Services (``TRS'') Fund; contributions to cost-recovery mechanisms for North American Numbering Plan (``NANP'') and Local Number Portability (``LNP'') administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
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- failure to file a hearing aid compatibility status report as a continuing violation), response pending. See ADMA Telecom, Inc., File No. EB-06-IH-2110, Forfeiture Order, FCC 11-42, at 4, para. 8 (rel. Mar. 10, 2010) (``ADMA's failure to register was a continuing violation that began on the day ADMA started providing interstate telecommunications service without having registered in accordance with section 64.1195(a) and continued until it filed its first Form 499 on August 1, 2006.''); Telrite Corp., Notice of Apparent Liability for Forfeiture and Order, 23 FCC Rcd 7231, 7244, para. 30 (2008) (construing the carrier's failures to file Telecommunications Reporting Worksheets as ``continuing violations for which the statute of limitations for forfeiture does not begin to run until the violation is
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- Order, we adopt a Consent Decree entered into between the Enforcement Bureau (Bureau) and Bay Springs Communications, Inc. (BSCI). The Consent Decree terminates an investigation by the Bureau against BSCI for possible violations of Sections 9(a)(1), 225, 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules (Rules) concerning various regulatory fee and reporting obligations as well as required contributions to the Universal Service Fund, the Telecommunications Relay Service Fund, and the North American Numbering Plan and Local Number Portability administration. The Consent Decree also terminates an investigation by the Bureau into possible violations of Section 222 of the Act, Section 64.2009(e) of
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- Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and StanaCard, LLC (StanaCard). The Consent Decree terminates an investigation by the Bureau against StanaCard for possible violations of Sections 214 and 225 of the Communications Act of 1934, as amended (Act) and Sections 63.18, 64.604(c)(5)(iii)(A), and 64.1195(a) of the Commission's rules (Rules) concerning authorization to provide facilities-based and resold international common carrier communications services, contributions to the Telecommunications Relay Services Fund, and registration with the Commission. A copy of the Consent Decree negotiated by the Bureau and StanaCard is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree and evaluating the
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- (``Presiding Judge'') to determine, among other things: whether BOI had intentionally provided incorrect or misleading information to the Commission; whether BOI had engaged in unlawful ``slamming'' activities by changing consumers' long distance providers without authorization in violation of Section 258 of the Act and Section 64.1120(a)(1) of the Commission's rules; whether BOI failed to file registration statements required under Section 64.1195 of the Commission's rules; and whether BOI discontinued service to the public in violation of Section 214 of the Act and Section 63.71 of the Commission's rules. After the hearing was commenced, additional issues were added to determine whether BOI had properly filed Telecommunications Reporting Worksheets, and made all required contributions to the Universal Service Fund (``USF'') and Telecommunications Relay
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- attached Consent Decree entered into between the Federal Communications Commission (the ``Commission'') and Teletronics, Inc. (``Teletronics''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Teletronics for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. The Commission and Teletronics have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence relating
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- Further Notice of Apparent Liability for Forfeiture, we both impose a forfeiture of $819,905 (``Order of Forfeiture''), and propose a new forfeiture of $100,000 (``Further Notice of Apparent Liability''), against InPhonic, Inc. (``InPhonic''). The Order of Forfeiture follows a Notice of Apparent Liability we issued on July 25, 2005. Herein we find that InPhonic willfully and repeatedly violated: (1) section 64.1195 of the Commission's rules by failing to register with the Commission until January 2005; (2) sections 54.706(a) and 64.604(c)(5)(iii)(B) of the rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004; (3) section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and 54.711(a) of the rules by failing to contribute to the Universal
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- 0010-8659-96 ORDER OF FORFEITURE Adopted: April 18, 2007 Released: May 3, 2007 By the Commission: INTRODUCTION In this Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC (``Global Teldata''). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section
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- calculate annual contributions. In 2004, the Enforcement Bureau (``Bureau'') sought to identify resellers of telecommunications services that failed to register as telecommunications service providers with the Commission and, thus, may also have failed to satisfy various Commission program requirements. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules. On May 4, 2004, Carrera registered and belatedly filed certain financial information that had been due April 1, 2004. After determining that Carrera apparently failed to timely register with the Commission or timely file required Worksheets, the Bureau issued a letter of inquiry (``LOI'') to Carrera on July 29, 2004. Carrera did not respond within the
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- U.S.C. 3717, and administrative charges pursuant to 47 C.F.R. 1.1940 and 54.713, 31 C.F.R. 285.12(j). See, e.g., 47 U.S.C. 151. See Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024-26 (2000) (``Carrier Selection Order''). 47 C.F.R. 64.1195. Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC, which is then associated with further filings by the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal
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- OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 14, 2009 Released: January 14, 2009 By the Commission: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that ADMA Telecom, Inc. (``ADMA'') apparently violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Commission's rules by willfully or repeatedly failing to register with the Commission, failing to make the required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, cost recovery mechanisms for the North American Numbering Plan (``NANP'') administration and failing to obtain an international section 214
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- a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to Globalcom, Inc., Raymond Hexamer, Chief Executive Officer, 3340 West Market St., Akron, OH 44333. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 254(d). 47 C.F.R. 54.706(a) and 54.711(a). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195. See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
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- that a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to NTS Communications, Inc., Barbara Baldwin, Chief Executive Officer, 5307 W. Loop 289, Lubbock, TX 79414. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 254(d). 47 C.F.R. 54.706(a). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195. See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
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- 9, 2011 Released: March 10, 2011 By the Commission: I. INTRODUCTION In this Forfeiture Order, we assess a monetary forfeiture of $662,541 against ADMA Telecom, Inc. (``ADMA''). We find that ADMA willfully and repeatedly violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Federal Communications Commission's (the ``Commission's'' or ``FCC's'') rules by (1) failing to register with the Commission, (2) failing to make required regulatory filings, (3) failing to obtain an international section 214 authorization, and (4) failing to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for the North
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- OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: April 13, 2012 Released: April 16, 2012 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that RB Communications, Inc., d/b/a Starfone, apparently violated Section 214 of the Communications Act of 1934, as amended (the ``Act''), and Sections 1.1154, 1.1157(b)(1), 63.18, 64.604(c)(5)(iii)(A), and 64.1195 of the Commission's rules, by willfully and repeatedly failing to: (1) apply for and obtain authorization from the Commission to provide international telecommunications service; (2) register with the Commission; (3) contribute to the Telecommunications Relay Service (TRS) Fund; and (4) pay regulatory fees to the Commission. Based on our review of the facts and circumstances surrounding this matter, and for
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- Marlene H. Dortch Secretary 47 U.S.C. 254(d); 47 C.F.R. 54.706. 47 C.F.R. 54.711(a). Form 499-Q is also known as the Quarterly Telecommunications Reporting Worksheet or Quarterly Worksheet. 47 U.S.C. 251(e)(2); 47 C.F.R. 52.17. 47 U.S.C. 251(e)(2); 47 C.F.R. 52.32(a). 47 C.F.R. 1.1154, 1.1157(b)(1). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195; see also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). 47 C.F.R. 54.701(a). See id. 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form
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- be obtained from NECA at (973) 560-4400. For further information, contact Suzanne McCrary, Jim Lande or Scott Bergmann, Industry Analysis Division, Common Carrier Bureau, at (202) 418-0940. 47 C.F.R. 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B). See also 47 C.F.R. 1.47(h) (requiring every common carrier to file information concerning their designated agents pursuant to the Telecommunications Reporting Worksheet). 47 C.F.R. 64.1195; see also Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Policies and Rules Concerning Unauthorized Changes of Consumers Long Distance Carriers, Order, FCC 01-67, CC Docket No. 94-129, 8-13 (rel. Feb. 22, 2001) (Slamming Registration Order). 1998 Biennial Regulatory Review -- Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North
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- will take effect on April 2, 2001. The Commission's slamming rules are designed to improve the carrier change process for consumers and carriers while making it more difficult for unscrupulous carriers to perpetrate slams. The following rule provisions adopted in the Commission's Third Report and Order contained information collections: sections 64.1130(a) through (c), 64.1130(i), 64.1130(j), 64.1180, 64.1190(d) and (e), and 64.1195. A summary of the amended Third Report and Order was published in the Federal Register at 66 FR 12877 (March 1, 2001) and was corrected at 66 FR 16151 (March 23, 2001). The information collections contained in section 64.1195 were approved by the Office of Management and Budget (OMB) on March 1, 2001. OMB No. 3060-0855. The information collections contained
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- 20554. The annual April filing of the full Telecommunications Reporting Worksheet (FCC Form 499-A) is used to calculate carriers' contributions to the interstate telecommunications relay service (TRS), federal universal service support mechanisms, the cost-recovery mechanism for the North American Numbering Plan Administration, and the cost recovery mechanism for the shared costs of long-term local number portability. See 47 C.F.R. 64.1195(h) (requiring underlying carriers to confirm that a potential carrier-customer is registered with the Commission prior to providing that carrier-customer with service). 47 C.F.R. 64.1195(e) and (f). See also 47 U.S.C. 413 (requiring designation of agent for service of process). 47 U.S.C. 413. See also 47 C.F.R. 1.47(h) (stating that every common carrier subject to the Act
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- 54.711(c), 64.604(c)(5)(iii)(B). Contributions to the local number portability cost recovery mechanism are calculated by the local number portability administer. FCC Form 499-A is typically filed on April 1 of each year. Note, however, that all carriers must notify the FCC within one week if their D.C. Agent for Service of Process or Registration information changes. See 47 C.F.R. 1.47, 64.1195. Any such carrier should report changes by completing and filing the relevant pages of the April 2002 FCC Form 499-A, in accordance with the Instructions to the April 2002 FCC Form 499-A. PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov
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- of 1990, Administration of the North American Numbering Plan and North American Numbering Plan Cost Recovery Contribution Factor and Fund Size, Number Resource Optimization, Telephone Number Portability, Truth-in-Billing and Billing Format, Report and Order, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, FCC 99-175 (rel. July 14, 1999), at para. 1 (Form Consolidation Order). See 47 C.F.R. 64.1195(a), 1.47. 47 U.S.C. 254(d). See 47 C.F.R. 54.706(b). See Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Service, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans With Disabilities Act
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- candor (Issue a); to determine whether BOI had changed consumers' preferred carrier without their authorization in willful or repeated violation of 258 of the Communications Act of 1934, as amended (the ``Act'') and 64.1100-1190 of the Commission's rules (Issue b); to determine whether BOI had failed to file FCC Form 499-A in willful or repeated violation of 64.1195 of the Commission's rules (Issue c); to determine whether BOI had discontinued service without Commission authorization in willful or repeated violation of 214 of the Act and 63.71 and 63.505 of the Commission's rules (Issue d); to determine whether BOI's authorization pursuant to 214 of the Act to operate as a common carrier should be revoked (Issue
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- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end- user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 requires all telecommunications carriers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 225, 251, 254, and 258. The data in the Worksheet will be used to
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- (``WestCom'' or the ``Company''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether WestCom violated the universal service reporting and contribution requirements of Section 254 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. 254, and of Sections 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195 of the Commission's Rules, 47 C.F.R. 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195. For the purposes of this Consent Decree, the following definitions shall apply: The ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. ``Adopting Order'' or ``Order'' means an order of the Commission or the Bureau adopting this Consent Decree. The
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- notification of election to administer FCC rules. 64.1120 Verification of orders for telecommunications service. 64.1130 Letter of agency form and content. 64.1140 Carrier liability for slamming. 64.1150 Procedures for resolution of unauthorized changes in preferred c carrier. 64.1160 Absolution procedures where the subscriber has not paid charges. 64.1170 Reimbursement procedures where the subscriber has paid charges. 64.1190 Preferred carrier freezes. 64.1195 Registration requirement. SUBPART L -- RESTRICTIONS ON TELEMARKETING AND TELEPHONE SOLICITATION Brief Description: Part 64, subpart L implements Section 227 of the Communications Act of 1934 as amended. Section 227 codifies the Telephone Consumer Protection Act of 1991 (TCPA), which was enacted to address certain telemarketing practices thought to be an invasion of consumer privacy and a risk to public
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- this Consent Decree without change, addition, deletion, or modification. ``Effective Date'' means the date on which the Commission or the Bureau releases the Adopting Order. ``Investigation'' means the investigation commenced by the Bureau's October 28, 2004 Letter of Inquiry regarding whether Locus violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 54.713, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payment. I. BACKGROUND Pursuant to section 254(d) of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, telecommunications carriers that provide interstate telecommunications services and private service providers that provide interstate telecommunications are required
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- we adopt the attached Consent Decree entered into between the Enforcement Bureau and United Networks International, Inc. (``UNI''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against UNI for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees. The Enforcement Bureau and UNI have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in
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- providers of prepaid telecommunications products and services.'' Blackstone offers various services and products to the public, including a variety of prepaid calling cards. On its website, Blackstone offers Blackstone-labeled calling cards, among other products, directly to the public for a fee. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting information pertaining to Blackstone's compliance with section 64.1195 of the Commission's rules. Blackstone provided certain contact information requested and an unsupported statement that ``Blackstone Calling Card, Inc., is not a carrier.'' After determining that Blackstone appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets (``Worksheets''), the Bureau issued a letter of inquiry (``LOI'') to Blackstone on October 21, 2004. The
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- providers of prepaid telecommunications products and services.'' Blackstone offers various services and products to the public, including a variety of prepaid calling cards. On its website, Blackstone offers Blackstone-labeled calling cards, among other products, directly to the public for a fee. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting information pertaining to Blackstone's compliance with section 64.1195 of the Commission's rules. Blackstone provided certain contact information requested and an unsupported statement that ``Blackstone Calling Card, Inc., is not a carrier.'' After determining that Blackstone appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets (``Worksheets''), the Bureau issued a letter of inquiry (``LOI'') to Blackstone on October 21, 2004. The
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- the attached Consent Decree entered into between the Enforcement Bureau and Clear World Communications Corp. (``Clear World''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Clear World for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees. The Enforcement Bureau and Clear World have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and
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- this Consent Decree without change, addition, deletion, or modification. ``Effective Date'' means the date on which the Commission or the Bureau releases the Adopting Order. ``Investigation'' means the investigation commenced by the Bureau's September 28, 2004 Letter of Inquiry regarding whether Clear World violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payments. I. BACKGROUND Pursuant to section 64.1195(a) of the Commission's rules, all carriers that provide interstate telecommunications service must register with the Commission through submission of FCC Form 499-A. In addition, pursuant to section 254(d) of the Act and
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- BACKGROUND ITE characterizes itself as a provider of residential and business long distance telephone services, international telephone services, and pre-paid phone card services. ITE began providing telecommunications services in the United States in 2002. On January 26, 2005, the Bureau sent ITE a Letter of Inquiry to obtain information concerning ITE's compliance with sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, which require entities that provide interstate telecommunications services to pay annual regulatory fees; to contribute to the Universal Service Fund (``USF''), TRS Fund, and North American Numbering Plan Administration (``NANPA'') Fund; and to file information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). Section 225(b)(1) of the Act, which codifies
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- requested to Ms. Ruth Peterson, President, Universal Telecommunications, Inc., 3781 Presidential Parkway, Atlanta, Georgia 30340 and 2799 Lawrenceville Highway, Suite 111, Decatur, Georgia 30033 and CT Corporation, Registered Agent, Universal Telecommunications, Inc, 111 Eighth Avenue, New York, New York 10011. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau (last accessed on June 13, 2006. Id. See 47 C.F.R. 64.1195(a). Letter from Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, to Ruth Peterson, Universal and CT Corporation, Registered Agent for Universal, dated August 17, 2005 (``August 17, 2005 LOI''). The LOI specifically required Universal to provide relevant information with respect to Universal and any affiliate, predecessor-in-interest, parent company, subsidiary, director, officer, employee, and agent. Receipt of the
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- entered into between the Enforcement Bureau (``Bureau'') of the Federal Communications Commission and FPL FiberNet, LLC (``FPL''). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against FPL for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. The Bureau and FPL have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence relating
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- attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') of the Federal Communications Commission and Intelecom Solutions, Inc. (``Intelecom''). The Consent Decree terminates an investigation initiated by the Bureau into possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. The Bureau and Intelecom have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence relating
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- and the Commission. ``Order'' or ``Adopting Order'' means an Order of the Bureau adopting the terms of this Consent Decree without change, addition, deletion, or modification. ``Effective Date'' means the date on which the Bureau releases the Adopting Order. ``Investigation'' means the investigation commenced by the Bureau's March 30, 2004 letter regarding Intelecom's compliance with the registration requirement of section 64.1195 of the Commission's rules and the Bureau's January 26, 2005 letter of inquiry regarding whether Intelecom violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, universal service, the Telecommunications Relay Service, the North American Numbering Plan Administration, and regulatory fees. I. BACKGROUND Pursuant
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- is a division of Smoky Mountains Systems, Inc., a North Carolina firm offering a variety of regulated and non-regulated telecommunications services. Unicom itself is a local and long distance carrier providing interstate telecommunications service in North Carolina and Florida. On March 30, 2004, the Bureau's audit staff sent a letter to Unicom requesting information pertaining to its compliance with section 64.1195 of the Commission's rules, which requires all telecommunications carriers that provide interstate telecommunications services to register with the Commission. The purpose of this requirement is to assist the Commission in monitoring the entry and operation of interstate telecommunications carriers to ensure that, among other things, they do not engage in fraud or evade oversight. After receiving an inadequate response and
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- a result, we cancel the $20,000 forfeiture proposed in the NAL. BACKGROUND Blackstone is a Florida-based company that offers various services and products to the public, among them a variety of prepaid calling cards, including cards with the Blackstone label. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting specific information relating to its compliance with Section 64.1195 of the Commission's rules. Section 64.1195(a) requires that a telecommunications carrier that will provide or already provides interstate telecommunications service file certain registration information with the Universal Service Administrative Company (``USAC''). Blackstone responded to the Bureau's inquiry letter by providing an unsupported statement that ``Blackstone Calling Card, Inc. is not a carrier'' and thus not required to comply with Section
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- Commission (the ``Commission''), TELUS Communications., Inc. and TELUS Communications Company (collectively ``TELUS''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against TELUS for possible violations of Sections 9, 225, 251, and 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan (``NANP'') administration, regulatory fees, and carrier registration. The Commission and TELUS have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before
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- ``Telecommunications Reporting Worksheet'' or ``Worksheet''); FCC Form 499-A Instructions (2007) at 1, 3-5. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Letter from Trent B. Harkrader, Deputy Chief, Investigations and
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- transmission to the facsimile number and the signed certified mail return receipt card. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Receipt of the letter is shown by confirmation of
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- over Internet Protocol (VoIP) providers. See 47 C.F.R. 54.706. The terms ``telecommunications carrier'' and ``telecommunications'' are defined in section 54.5 of the Commission's rules. See 47 C.F.R. 54.5. 47 C.F.R. 54.706. See also 47 C.F.R. 54.5 (defining ``interconnected VoIP provider''); 47 C.F.R. 9.3 (defining ``interconnected VoIP service''). 47 C.F.R. 1.8002(a). 47 C.F.R. 1.47, 64.1195. See Universal Service Contribution Methodology, WC Docket Nos. 06-122 & 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, & 98-170, & NSD File no. L-00-72, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518, 7548-49, para. 61 (2006) (2006 Contribution Methodology Order); Federal Communications Commission, Instructions to the Telecommunications Reporting Worksheet, Form 499-A, pp.16-17 (2006)
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and WTI Communications, Inc. (``WTI''). The Consent Decree terminates an investigation by the Bureau against WTI for possible violation of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to regulatory fees, the universal service fund, telecommunications relay service fund, and cost recovery mechanisms for the North American Numbering Plan administration and local number portability. The Bureau and WTI have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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- By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and CapRock Communications, Inc. (``CapRock''). The Consent Decree terminates an investigation by the Bureau against CapRock for possible violation of, among other things, section 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706, 54.711, and 64.1195 of the Commission's rules relating to registration, regulatory filings and the universal service fund. The Bureau and CapRock have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that
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- 218, and 403 of the Communications Act of 1934, as amended (``the Act''), to provide certain information and documents. In addition, the Consent Decree terminates an investigation of Unicom for possible violations of sections 9, 225, 251, and 254 of the Act, relating to universal service and other programs, and, among others, sections 1.1154, 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, relating to regulatory fees, the North American Numbering Plan (``NANP'') cost recovery mechanism, the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and carrier registration. The Bureau and Unicom have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference.
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- call 911 during emergency situations). See 47 C.F.R. 1.20000 - 1.20008. See id. 64.2001 - 64.2009. See id. 64.601 - 64.608. See id. 6.1 - 6.23 and 7.1 - 7.23. See id. 52.20 - 52.33 See id. 54.706. See id. 64.604. See id. 52.17. See id. 52.32. See id. 64.1195. Id. 0.111, 0.311 and 1.80. (continued ...) Federal Communications Commission DA 08-1920 Federal Communications Commission DA 08-1920 @ 0 0 # T
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- March 23, 2009 By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Yukon-Waltz Communications, Inc. (``Yukon-Waltz'' or ``the Company''). The Consent Decree terminates an investigation by the Bureau against Yukon-Waltz for possible violations of section 214 of the Communications Act of 1934, as amended, and sections 63.18 and 64.1195 of the Commission's Rules, which require that an entity obtain an international 214 authorization prior to providing international telecommunications service and register with the Universal Service Administrative Company. The Bureau and Yukon-Waltz have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. After reviewing the
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- that Allcom may be providing international telecommunications service without Commission authorization. On its website, Allcom claims to provide telephone service, voicemail, conference calling, paging, and International Public Access Numbers through its Universal Office and Genie products. On July 28, 2009, the Bureau initiated an investigation into AllCom's alleged violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 63.12(d), 63.18, 64.604, and 64.1195 of the Commission's rules, and Section 214 of the Communications Act of 1934, as amended (``the Act'') by issuing the LOI directing AllCom, among other things, to provide information regarding these obligations and directing Allcom to respond by August 27, 2009. The Bureau directed the LOI to Thomas Skala, the Chief Executive Officer for AllCom, based on information on the
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- requests; and that Defendants violated sections 64.1200(e)(2)(iii) and 64.1200(d)(3) of the Commission's rules, and section 227 of the Act, by failing to implement company-specific do-not-call requests within a reasonable amount of time. Complainants also allege that Verizon Communications violated sections 201, 205, 225, 227, 251, 254, 258 and 416 of the Act by failing to register in accordance with section 64.1195(c) of the Commission's rules while providing telecommunications service as a telecommunications carrier; and that Verizon New Jersey and Verizon Wireless violated section 64.1195(b)(1) of the Commission's rules, and sections 201, 205, 225, 227, 251, 254, 258, and 416 of the Act by filing false information on FCC Form 499-A while providing telecommunications service as a telecommunications carrier. Complainants allege that
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- Consent Decree entered into between the Enforcement Bureau (``Bureau'') and ComSpan Communications Inc. f/k/a Wantel, Inc. (``ComSpan'' or the ``Company''). The Consent Decree terminates an investigation by the Bureau against ComSpan for possible violations of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund (``USF'') and Telecommunications Relay Services (``TRS'') Fund; contributions to cost-recovery mechanisms for North American Numbering Plan (``NANP'') and Local Number Portability (``LNP'') administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
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- U.S.C. 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. 413; see also 47 C.F.R. 1.47(h). 6 47 C.F.R. 64.1195. 7 For this purpose, the United States is defined as the contiguous United States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico, the U.S. Virgin Islands, and Wake Island. 8 Section 254(d) applies not only to "every telecommunications carrier that provides interstate
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- FCC - 47 U.S.C. 214. 47 U.S.C. 254. Petitioner does have a pending application requesting international section 214 authorization to provide facilities-based service in accordance with section 63.18(e)(1) of the Commission's rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission's rules, 47 C.F.R. 63.18(e)(1), (2). See ITC-214-20100907-00357. See 47 C.F.R. 64.1195. See 47 C.F.R. 54.706. Toronto Asia Tele Access Telecom Inc. and Manmohan Sing Thamber v. Tata Sons Limited, No. CV 09-01356 RSM (W.D. Wash. filed Sept. 29, 2009). 47 C.F.R. 1.1200(a). Id. 1.1206. See Commission Emphasizes the Public's Responsibilities in Permit-But-Disclose Proceedings, Public Notice, 15 FCC Rcd 19945 (2000). Id. See 47 C.F.R. 1.1206(b)(2). Id.
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- to the USF.5 147 U.S.C. 214. 247 U.S.C. 254. 3Petitioner does have a pending application requesting international section 214 authorization to provide facilities- based service in accordance with section 63.18(e)(1) of the Commission's rules, and also to provide resale service in accordance with section 63.18(e)(2) of the Commission's rules, 47 C.F.R. 63.18(e)(1), (2). SeeITC-214- 20100907-00357. 4See47 C.F.R. 64.1195. 5See47 C.F.R. 54.706. 4961 Petitioner is involved in ongoing trademark litigation regarding use of the name "TATA."6According to Petitioner, a central, and potentially dispositive, issue in that litigation is the lawfulness of the services it has been providing in the United States; in other words, whether it needs section 214 authority to provide such services and whetherit must contribute to
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- Adopted: April 14, 2011 Released: April 14, 2011 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Allegiance Communications, LLC (``Allegiance'' or the ``Company''). The Consent Decree terminates an investigation by the Bureau against Allegiance for possible violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund (``USF'') and Telecommunications Relay Services (``TRS'') Fund; contributions to cost-recovery mechanisms for North American Numbering Plan (``NANP'') and Local Number Portability (``LNP'') administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
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- omitted). Nothing we say here, however, detracts from the obligation of each ``telecommunications carrier providing telecommunications service for resale . . . to ascertain whether a potential carrier-customer (i.e., reseller) that is subject to the registration requirement . . . has filed an FCC Form 499-A with the Commission prior to offering service to that carrier-customer.'' See 47 C.F.R. 64.1195(h). To the extent that USAC determines that any telecommunications provider it is auditing is not comporting with this rule (or any other Commission rule), USAC should refer the issue to the Commission for potential enforcement action. Id. at 14540, para. 17. NetworkIP asserts that it had ``clear procedures in place,'' ``made a reasonable effort to comply'' with the instructions, ``obtained
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- failure to file a hearing aid compatibility status report as a continuing violation), response pending. See ADMA Telecom, Inc., File No. EB-06-IH-2110, Forfeiture Order, FCC 11-42, at 4, para. 8 (rel. Mar. 10, 2010) (``ADMA's failure to register was a continuing violation that began on the day ADMA started providing interstate telecommunications service without having registered in accordance with section 64.1195(a) and continued until it filed its first Form 499 on August 1, 2006.''); Telrite Corp., Notice of Apparent Liability for Forfeiture and Order, 23 FCC Rcd 7231, 7244, para. 30 (2008) (construing the carrier's failures to file Telecommunications Reporting Worksheets as ``continuing violations for which the statute of limitations for forfeiture does not begin to run until the violation is
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- Order, we adopt a Consent Decree entered into between the Enforcement Bureau (Bureau) and Bay Springs Communications, Inc. (BSCI). The Consent Decree terminates an investigation by the Bureau against BSCI for possible violations of Sections 9(a)(1), 225, 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules (Rules) concerning various regulatory fee and reporting obligations as well as required contributions to the Universal Service Fund, the Telecommunications Relay Service Fund, and the North American Numbering Plan and Local Number Portability administration. The Consent Decree also terminates an investigation by the Bureau into possible violations of Section 222 of the Act, Section 64.2009(e) of
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- Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and StanaCard, LLC (StanaCard). The Consent Decree terminates an investigation by the Bureau against StanaCard for possible violations of Sections 214 and 225 of the Communications Act of 1934, as amended (Act) and Sections 63.18, 64.604(c)(5)(iii)(A), and 64.1195(a) of the Commission's rules (Rules) concerning authorization to provide facilities-based and resold international common carrier communications services, contributions to the Telecommunications Relay Services Fund, and registration with the Commission. A copy of the Consent Decree negotiated by the Bureau and StanaCard is attached hereto and incorporated herein by reference. After reviewing the terms of the Consent Decree and evaluating the
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- and (h) of the Commission's rules concerning the form and content for letters of agency. * * * A local exchange carrier administering a preferred carrier freeze must accept a subscriber's written or electronically signed authorization stating his or her intent to lift a preferred carrier freeze; and * * * Part 64, Subpart K, is amended by adding section 64.1195 to read as follows: 64.1195 Registration Requirement (a) Applicability. A telecommunications carrier that will provide interstate interexchange telecommunications service shall file the registration information described in subsection (b) of this section in accordance with the procedures described in subsections (c) and (g) of this section. Any telecommunications carrier already providing interstate interexchange telecommunications service on the effective date of
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- without change, addition, or modification. ``Order to Show Cause'' means the Order to Show Cause and Notice of Opportunity for Hearing, 18 FCC Rcd 6881 (2003). The ``Parties'' means the Companies and the Bureau. The ``Proceeding'' means the evidentiary hearing initiated by the Order to Show Cause. ``Registration'' means the filing of the information set forth in 47 C.F.R. 64.1195 (2002). ``Re-provisioning'' means the practice of changing a former customer's long distance telephone service back to the Companies without obtaining authorization or verification of any authorization from that customer for the change. ``Sales Call'' means a telephone solicitation for the purpose of obtaining or re-obtaining a customer for the Companies' long distance telephone service. ``Sales Representative'' means a person working
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- their systems integration revenue from the resale of telecommunications and entities that provide services only to themselves or to commonly-owned affiliates need not file. 3 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 7 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 2 least 10% of end-user telecommunications revenue was interstate. Because of the way their revenue was reported, we were unable to determine which payphone, satellite, prepaid card and operator service affiliates fell into the local / long distance category. Note that a local / long distance designation holds no implications about the way a filer sells telecommunications services. That is,
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- their systems integration revenue from the resale of telecommunications and entities that provide services only to themselves or to commonly-owned affiliates need not file. 3 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 8 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 2 least 10% of end-user telecommunications revenue was interstate. Because of the way their revenue was reported, we were unable to determine which payphone, satellite, prepaid card and operator service affiliates fell into the local / long distance category. Note that a local / long distance designation holds no implications about the way a filer sells telecommunications services. That is,
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- their systems integration revenue from the resale of telecommunications and entities that provide services only to themselves or to commonly-owned affiliates need not file. 3 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 8 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 2 least 10% of end-user telecommunications revenue was interstate. Because of the way their revenue was reported, we were unable to determine which payphone, satellite, prepaid card and operator service affiliates fell into the local / long distance category. Note that a local / long distance designation holds no implications about the way a filer sells telecommunications services. That is,
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- and (h) of the Commission's rules concerning the form and content for letters of agency. * * * A local exchange carrier administering a preferred carrier freeze must accept a subscriber's written or electronically signed authorization stating his or her intent to lift a preferred carrier freeze; and * * * Part 64, Subpart K, is amended by adding section 64.1195 to read as follows: 64.1195 Registration Requirement (a) Applicability. A telecommunications carrier shall not begin to provide interstate interexchange telecommunications service unless it has filed an FCC Form 499-A with the Commission in accordance with subsections (b) and (c) of this section. Any telecommunications carrier already providing interstate interexchange service on the effective date of these rules shall submit
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- fail to determine the registration status of other carriers before providing them with service may, after notice and opportunity to respond, be subject to a fine. Discussion. In this Order, we amend and clarify, on our own motion, certain aspects of the registration requirement discussed above. First, with regard to the applicability of the registration requirement, as addressed in section 64.1195(a), we clarify that all new and existing carriers providing interstate telecommunications service shall register with the Commission. This registration requirement enables the Commission to monitor those carriers providing telephone exchange service and telephone toll service, in a manner consistent with section 258 of the statute. Second, with regard to the information carriers are required to provide under section 64.1195(b), the
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- information to those agencies through the matching of computer records where authorized. With the exception of your employer identification number, if you do not provide the information we request on the worksheet, the Commission may consider you in violation of sections 1.47, 52.17, 52.32, 54.713, and 64.604 of the Commission's rules. 47 C.F.R. 1.47, 52.17, 52.32, 54.713, 64.604, and 64.1195. The foregoing Notice is required by the Privacy Act of 1974, P.L. 93-579, December 31, 1974, 5 U.S.C. 552(a)(e)(3), and the Paperwork Reduction Act of 1995, P.L. No. 104-13, 44 U.S.C. 3501, et seq. * * * * * Table of Contents I. Introduction 3 II. Filing Requirements and General Instructions 3 A. Who Must File 3 1.
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- Regulatory Review-Review of International Common Carrier Regulations, Notice of Proposed Rulemaking, 15 FCC Rcd 24264 (2000). See 47 C.F.R. 64.1100-1195; see also Notice at para. 28. See 47 C.F.R. 64.1120(e). CenturyTel Reply Comments at 5. Verizon Comments at 2, 7-8; Qwest Comments at 3-5; WorldCom Comments at 12-13; AT&T Comments at 2, 4-6. Verizon Comments at 7-8. Section 64.1195 of the Commission's rules provides that carriers are required to register with the Commission by filing certain portions of FCC Form 499-A when they commence providing telecommunications service. The required information includes the carrier's business name(s) and primary address(es), the names and business addresses of certain of the carrier's officers, the carrier's regulatory contact and designated agent for service of
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- rules. BOI simultaneously filed a request for waiver of the customer notification requirements set forth in Section 63.71(a) of the Commission's rules. A. BOI Responses to Commission Inquiries 6. The Letter of Inquiry to BOI of November 1, 2002 asked a number of questions concerning (1) BOI's corporate structure, (2) its compliance with Commission registration requirements under 47 C.F.R. 64.1195, (3) whether it or its affiliates, subsidiaries, or agents changed the preferred carriers of listed complainants after April 1, 2002, and (4) its telemarketing practices. Among other things, the Letter of Inquiry asked in Paragraph 3: [d]uring the period from April 1, 2002 to the present, has BOI or any of its subsidiaries, affiliates, or any other entity acting under
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- rules. BOI simultaneously filed a request for waiver of the customer notification requirements set forth in Section 63.71(a) of the Commission's rules. A. BOI Responses to Commission Inquiries 6. The Letter of Inquiry to BOI of November 1, 2002 asked a number of questions concerning (1) BOI's corporate structure, (2) its compliance with Commission registration requirements under 47 C.F.R. 64.1195, (3) whether it or its affiliates, subsidiaries, or agents changed the preferred carriers of listed complainants after April 1, 2002, and (4) its telemarketing practices. Among other things, the Letter of Inquiry asked in Paragraph 3: [d]uring the period from April 1, 2002 to the present, has BOI or any of its subsidiaries, affiliates, or any other entity acting under
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- support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. Federal Communications Commission FCC 04-70 40 identification number,21 and a list of the international section 214 authorizations that it holds. In addition, the carrier would provide basic information about the services that it provided the previous year. Based on the services the responding carrier reported, the schedule would inform the carrier which other schedules, if any, the carrier would be
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- indirectly benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005. We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004. Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act
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- and at least indirectly benefiting from federal programs supporting the telecommunications industry for years, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon our review of the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date. We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. We further find that Teletronics has apparently violated sections
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- provided by wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules. Thereafter, Carrera registered and belatedly filed on May 5, 2004, certain revenue information that had been due April 1, 2004. Carrera then responded to the Bureau's audit staff that it had registered and filed. After determining that Carrera appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets, the
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- COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 254(d). 47 C.F.R. 54.706(a). 47 C.F.R. 1.1154, 1.1157(b)(1). See, e.g., 47 U.S.C. 151. See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 47 C.F.R. 64.1195. See 47 U.S.C. 159(a),(b); 225(d)(3); 251(e)(2); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14 FCC Rcd 16602 (1999). The next year the Commission
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- wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to BCE Nexxia requesting information pertaining to BCE Nexxia's compliance with section 64.1195 of the Commission's rules. Thereafter, BCE Nexxia registered and belatedly filed on April 30, 2004, the annual Worksheet due April 1, 2004. BCE Nexxia then responded to the Bureau's audit staff that it had registered and filed its first annual Worksheet. After determining that BCE Nexxia appeared to have failed to timely register with the Commission or timely file certain
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- from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004. We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005. Finally, we find that Telecom House has apparently violated section 254(d) of the
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- indirectly benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005. We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005. Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934,
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- the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004. We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. Finally, we find that Global Teldata has apparently violated section 254(d) of
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- Decree entered into between the Federal Communications Commission (``the Commission'') and Communication Services Integrated, Inc. (``CSII''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against CSII for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. The Commission and CSII have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence
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- announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made.''). See, e.g., Proposed Third Quarter 2003 Contribution Factor, Public Notice, 18 FCC Rcd 11442 (Wireline Comp. Bur. 2003) (``Contribution payments are due on the date shown on the administrator invoice.''). See 47 C.F.R. 64.1195(a). See Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated March 30, 2004 (requesting confirmation that TMI had filed registration information pursuant to section 64.1195(a) of the Commission's rules); Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated June 18,
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- USF. Rather, we assessed forfeitures for each of these carriers' additional violations, some in the hundreds of thousands of dollars. For example, in addition to the forfeiture we proposed for one carrier's failure to contribute to the USF, we also proposed a forfeiture against the carrier of $100,000 for its failure to register with the Commission as required by section 64.1195 of our rules; $250,000 for its failure to file five Telecommunications Reporting Worksheets with the Commission; $10,000 for its failure to contribute to the Telecommunications Relay Service fund, plus an upward adjustment of one-half of its unpaid contributions to that fund; $10,000 for failure to contributing to the North American Numbering Plan Administration fund; and $10,000 for failure to pay
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- FCC Rcd 17264 (2005) (``Global Teldata NAL''); InPhonic, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13277 (2005); Telecom House, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 15131 (2005); Teletronics, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13291 (2005). See para. 11, supra. 47 C.F.R. 64.1195(a). See, e.g., id. at 17275, 26-27. See, e.g., id. at 17274-75, 25. See Globcom Inc. d/b/a Globcom Global Communications, Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893 (2003), Globcom Inc., Order of Forfeiture, FCC 06-49. 47 C.F.R. 1.80(b). See, e.g., BigZoo.com Corp., Order of Forfeiture, 20 FCC Rcd 3954 (2005); QuickLink Telecom, Inc.,
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- FCC Rcd 17264 (2005) (``Global Teldata NAL''); InPhonic, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13277 (2005); Telecom House, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 15131 (2005); Teletronics, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13291 (2005). See para. 11, supra. 47 C.F.R. 64.1195(a). See, e.g., id. at 17275, 26-27. See, e.g., id. at 17274-75, 25. See Globcom Inc. d/b/a Globcom Global Communications, Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893 (2003), Globcom Inc., Order of Forfeiture, FCC 06-49. 47 C.F.R. 1.80(b). See, e.g., BigZoo.com Corp., Order of Forfeiture, 20 FCC Rcd 3954 (2005); QuickLink Telecom, Inc.,
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- (``Presiding Judge'') to determine, among other things: whether BOI had intentionally provided incorrect or misleading information to the Commission; whether BOI had engaged in unlawful ``slamming'' activities by changing consumers' long distance providers without authorization in violation of Section 258 of the Act and Section 64.1120(a)(1) of the Commission's rules; whether BOI failed to file registration statements required under Section 64.1195 of the Commission's rules; and whether BOI discontinued service to the public in violation of Section 214 of the Act and Section 63.71 of the Commission's rules. After the hearing was commenced, additional issues were added to determine whether BOI had properly filed Telecommunications Reporting Worksheets, and made all required contributions to the Universal Service Fund (``USF'') and Telecommunications Relay
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- attached Consent Decree entered into between the Federal Communications Commission (the ``Commission'') and Teletronics, Inc. (``Teletronics''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Teletronics for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. The Commission and Teletronics have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. Based on the record before us, and in the absence of material new evidence relating
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- Further Notice of Apparent Liability for Forfeiture, we both impose a forfeiture of $819,905 (``Order of Forfeiture''), and propose a new forfeiture of $100,000 (``Further Notice of Apparent Liability''), against InPhonic, Inc. (``InPhonic''). The Order of Forfeiture follows a Notice of Apparent Liability we issued on July 25, 2005. Herein we find that InPhonic willfully and repeatedly violated: (1) section 64.1195 of the Commission's rules by failing to register with the Commission until January 2005; (2) sections 54.706(a) and 64.604(c)(5)(iii)(B) of the rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004; (3) section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and 54.711(a) of the rules by failing to contribute to the Universal
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- 0010-8659-96 ORDER OF FORFEITURE Adopted: April 18, 2007 Released: May 3, 2007 By the Commission: INTRODUCTION In this Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC (``Global Teldata''). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section
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- calculate annual contributions. In 2004, the Enforcement Bureau (``Bureau'') sought to identify resellers of telecommunications services that failed to register as telecommunications service providers with the Commission and, thus, may also have failed to satisfy various Commission program requirements. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules. On May 4, 2004, Carrera registered and belatedly filed certain financial information that had been due April 1, 2004. After determining that Carrera apparently failed to timely register with the Commission or timely file required Worksheets, the Bureau issued a letter of inquiry (``LOI'') to Carrera on July 29, 2004. Carrera did not respond within the
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- U.S.C. 3717, and administrative charges pursuant to 47 C.F.R. 1.1940 and 54.713, 31 C.F.R. 285.12(j). See, e.g., 47 U.S.C. 151. See Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024-26 (2000) (``Carrier Selection Order''). 47 C.F.R. 64.1195. Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC, which is then associated with further filings by the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal
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- OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 14, 2009 Released: January 14, 2009 By the Commission: INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that ADMA Telecom, Inc. (``ADMA'') apparently violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Commission's rules by willfully or repeatedly failing to register with the Commission, failing to make the required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, cost recovery mechanisms for the North American Numbering Plan (``NANP'') administration and failing to obtain an international section 214
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- a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to Globalcom, Inc., Raymond Hexamer, Chief Executive Officer, 3340 West Market St., Akron, OH 44333. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 254(d). 47 C.F.R. 54.706(a) and 54.711(a). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195. See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
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- that a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to NTS Communications, Inc., Barbara Baldwin, Chief Executive Officer, 5307 W. Loop 289, Lubbock, TX 79414. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 254(d). 47 C.F.R. 54.706(a). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195. See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
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- Background. In the TRS Contribution NPRM, we proposed requiring non-interconnected VoIP service providers, like other contributors to the TRS Fund, to register with the Commission using FCC Form 499-A. In addition, we sought comment on our proposal that the registration requirements for carriers and interconnected VoIP service providers be adapted as part of our TRS rules or incorporated into Section 64.1195 of our rules. We also sought comment on whether to amend Section 1.47(h) of our rules to include providers of non-interconnected VoIP services among those required to designate a District of Columbia agent for service of process using the FCC Form 499-A in accordance with its instructions. Discussion. As proposed, we require non-interconnected VoIP service providers with interstate end-user revenues
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- sent by certified mail, return receipt requested, to Daniel Neal, CEO, Kajeet, Inc. and Kajeet/Airlink, LLC, 7101 Wisconsin Ave., Suite 1111, Bethesda, MD 20814. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. 225(b)(1), 251(e)(2), 254(d). 47 C.F.R. 52.32(a), 54.706(a), 64.604(c)(5)(iii)(A). 47 U.S.C. 214; 47 C.F.R. 63.24. 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195. See also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based on quarterly filings are subject to an annual true-up. 47 C.F.R.
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- designate a District of Columbia agent for service of process using the FCC Form 499-A will facilitate our enforcement of TRS Fund contribution obligations and is consistent with the congressional mandate for consistent and comparable obligations. We seek comment on this issue. We further propose that the registration requirements for carriers and interconnected VoIP service providers, set out at Section 64.1195 of the rules, should be adapted as part of our TRS rules for all non-interconnected VoIP service providers. We seek comment on this proposal and on the specific text of the proposed rule, set forth as new subsection 64.604(c)(5)(iii)(C) in Appendix A, as well as any other registration requirements, guidance, or rules that would be appropriate for non-interconnected VoIP service
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- 9, 2011 Released: March 10, 2011 By the Commission: I. INTRODUCTION In this Forfeiture Order, we assess a monetary forfeiture of $662,541 against ADMA Telecom, Inc. (``ADMA''). We find that ADMA willfully and repeatedly violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Federal Communications Commission's (the ``Commission's'' or ``FCC's'') rules by (1) failing to register with the Commission, (2) failing to make required regulatory filings, (3) failing to obtain an international section 214 authorization, and (4) failing to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for the North
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- support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. CORES is a web-based, password-protected, registration system that assigns a unique 10-digit FCC Registration Number (FRN) for use when doing business with the FCC. See New Commission Registration System (CORES) to be Implemented July 19, Public Notice, 15 FCC Rcd 18754 (2000). 5 U.S.C. 603(c)(1)-(c)(4). See FCC, 2009 International Telecommunications Data, p. 1, Statistical Findings (April 200). The report
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- support mechanisms, as well as to the TRS Fund, the cost recovery for numbering administration, and the cost recovery for the shared costs of local number portability. In addition, the information is used by carriers to comply with the Commission's registration requirement for new and existing carriers providing interstate telecommunications service. See 47 C.F.R. 52.1(b), 52.32(b), 54.711(a), 64.604(c)(4)(iii)(B), and 64.1195. 56CORES is a web-based, password-protected, registration system that assigns a unique 10-digit FCC Registration Number (FRN) for use when doing business with the FCC. See NewCommission Registration System (CORES) to be Implemented July 19, Public Notice, 15 FCC Rcd 18754 (2000). 7348 Federal Communications Commission FCC 11-76 33. Proposed Schedule 2 would require filing entities to report a number of
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- OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: April 13, 2012 Released: April 16, 2012 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that RB Communications, Inc., d/b/a Starfone, apparently violated Section 214 of the Communications Act of 1934, as amended (the ``Act''), and Sections 1.1154, 1.1157(b)(1), 63.18, 64.604(c)(5)(iii)(A), and 64.1195 of the Commission's rules, by willfully and repeatedly failing to: (1) apply for and obtain authorization from the Commission to provide international telecommunications service; (2) register with the Commission; (3) contribute to the Telecommunications Relay Service (TRS) Fund; and (4) pay regulatory fees to the Commission. Based on our review of the facts and circumstances surrounding this matter, and for
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- obligation to register within thirty days of commencing service. We propose to amend section 54.706 to include the following proposed rule: (f) Registration Requirements. Every common carrier subject to the Communications Act of 1934, as amended, and every entity required to submit a Telecommunications Reporting Worksheet shall register with the Commission in accordance with the provisions of 47 C.F.R. 64.1195(a)-(c) and the Instructions to the Telecommunications Reporting Worksheet within thirty days of the commencement of provision of service. Deregistration Requirements. We also propose to require registered entities that no longer meet the requirements to register to file a deregistration with the Commission. A deregistration requirement could ensure that the Commission's Form 499 Filer Database is current and complete. Currently, if
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- Marlene H. Dortch Secretary 47 U.S.C. 254(d); 47 C.F.R. 54.706. 47 C.F.R. 54.711(a). Form 499-Q is also known as the Quarterly Telecommunications Reporting Worksheet or Quarterly Worksheet. 47 U.S.C. 251(e)(2); 47 C.F.R. 52.17. 47 U.S.C. 251(e)(2); 47 C.F.R. 52.32(a). 47 C.F.R. 1.1154, 1.1157(b)(1). 47 U.S.C. 254(d). 47 C.F.R. 54.706(b), 54.711, 64.1195; see also 47 U.S.C. 254(d) (``Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires.''). 47 C.F.R. 54.701(a). See id. 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form
- http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf
- U.S.C. 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. 413; see also 47 C.F.R. 1.47(h). 6 47 C.F.R. 64.1195. 7 For this purpose, the United States is defined as the contiguous United States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico, the U.S. Virgin Islands, and Wake Island. 8 Section 254(d) applies not only to "every telecommunications carrier that provides interstate
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- Commission's rules.12 BOI simultaneously filed a request for waiver of the customer notification requirements set forth in Section 63.71(a) of the Commission's rules. A. BOI Responses to Commission Inquiries 6. The Letter of Inquiry to BOI of November 1, 2002 asked a number of questions concerning (1) BOI's corporate structure, (2) its compliance with Commission registration requirements under 47 C.F.R. 64.1195, (3) whether it or its affiliates, subsidiaries, or agents changed the preferred carriers of listed complainants after April 1, 2002, and (4) its telemarketing practices. Among other things, the Letter of Inquiry asked in Paragraph 3: [d]uring the period from April 1, 2002 to the present, has BOI or any of its subsidiaries, affiliates, or any other entity acting under
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- Corporation (``WestCom'' or the ``Company''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether WestCom violated the universal service reporting and contribution requirements of Section 254 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. 254, and of Sections 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195 of the Commission's Rules, 47 C.F.R. 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195. 9. For the purposes of this Consent Decree, the following definitions shall apply: (a) The ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. (b) ``Adopting Order'' or ``Order'' means an order of the Commission or the Bureau adopting this Consent Decree.
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- or modification. (o) ``Order to Show Cause'' means the Order to Show Cause and Notice of Opportunity for Hearing, 18 FCC Rcd 6881 (2003). (p) The ``Parties'' means the Companies and the Bureau. (q) The ``Proceeding'' means the evidentiary hearing initiated by the Order to Show Cause. (r) ``Registration'' means the filing of the information set forth in 47 C.F.R. 64.1195 (2002). (s) ``Re-provisioning'' means the practice of changing a former customer's long distance telephone service back to the Companies without obtaining authorization or verification of any authorization from that customer for the change. (t) ``Sales Call'' means a telephone solicitation for the purpose of obtaining or re-obtaining a customer for the Companies' long distance telephone service. (u) ``Sales Representative'' means
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- Suite 1200, Houston, TX 77098; and Caterina Bergeron, President, World Communications Satellite Systems, 251 East Ohio St., Suite 500, Indianapolis, IN 46204. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 U.S.C. 258. 2 ``Slamming'' is the submission or execution of an unauthorized change in a subscriber's selection of a provider of telecommunications service. See generally 47 C.F.R. 64.1100- 64.1195. 3 World Communications Satellite Systems, Inc., Notice of Apparent Liability for Forfeiture, FCC 04-9, 2004 WL 63450 (rel. Jan. 15, 2004) (``NAL''). 4 47 C.F.R. 1.80(f)(3). 5 NAL at 17. 6 NAL at 17. We note that the 30 day deadline fell on February 14, 2004, a Saturday. Therefore, pursuant to 1.4(j) of the Commission's rules, the deadline was extended
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- Decree without change, addition, deletion, or modification. (f) ``Effective Date'' means the date on which the Commission or the Bureau releases the Adopting Order. (g) ``Investigation'' means the investigation commenced by the Bureau's October 28, 2004 Letter of Inquiry6 regarding whether Locus violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 54.713, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payment. I. BACKGROUND 3. Pursuant to section 254(d) of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, telecommunications carriers that provide interstate telecommunications services and private service providers that provide interstate telecommunications are
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- we adopt the attached Consent Decree entered into between the Enforcement Bureau and United Networks International, Inc. (``UNI''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against UNI for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''),1 relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees.2 2. The Enforcement Bureau and UNI have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us,
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- of prepaid telecommunications products and services.''1 Blackstone offers various services and products to the public, including a variety of prepaid calling cards.2 On its website, Blackstone offers Blackstone-labeled calling cards, among other products, directly to the public for a fee.3 3. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting information pertaining to Blackstone's compliance with section 64.1195 of the Commission's rules.4 Blackstone provided certain contact information requested and an unsupported statement that ``Blackstone Calling Card, Inc., is not a carrier.''5 4. After determining that Blackstone appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets (``Worksheets''), the Bureau issued a letter of inquiry (``LOI'') to Blackstone on October 21, 2004.6
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- benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. 2. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005.1 We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004.2 Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act
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- at least indirectly benefiting from federal programs supporting the telecommunications industry for years, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon our review of the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. 2. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date.1 We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. 2 We further find that Teletronics has apparently violated
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- provided by wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules.28 Thereafter, Carrera registered and belatedly filed on May 5, 2004, certain revenue information that had been due April 1, 2004. Carrera then responded to the Bureau's audit staff that it had registered and filed.29 10. After determining that Carrera appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets,
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- Metaire, LA 70002. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 147 U.S.C. 254(d). 247 C.F.R. 54.706(a). 347 C.F.R. 1.1154, 1.1157(b)(1). 4See, e.g., 47 U.S.C. 151. 5See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 647 C.F.R. 64.1195. 7See 47 U.S.C. 159(a),(b); 225(d)(3); 251(e)(2); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14 FCC Rcd 16602 (1999). The next year the Commission revised
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- wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to BCE Nexxia requesting information pertaining to BCE Nexxia's compliance with section 64.1195 of the Commission's rules.16 Thereafter, BCE Nexxia registered and belatedly filed on April 30, 2004, the annual Worksheet due April 1, 2004. BCE Nexxia then responded to the Bureau's audit staff that it had registered and filed its first annual Worksheet.17 9. After determining that BCE Nexxia appeared to have failed to timely register with the Commission or timely file
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- the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. 2. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004.1 We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005.2 Finally, we find that Telecom House has apparently violated section 254(d) of the
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- benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. 2. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005.1 We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005.2 Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934,
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- federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. 2. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004.1 We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004.2 Finally, we find that Global Teldata has apparently violated section 254(d) of
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- the attached Consent Decree entered into between the Enforcement Bureau and Clear World Communications Corp. ("Clear World"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Clear World for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees. 2. The Enforcement Bureau and Clear World have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before
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- Decree without change, addition, deletion, or modification. f. "Effective Date" means the date on which the Commission or the Bureau releases the Adopting Order. g. "Investigation" means the investigation commenced by the Bureau's September 28, 2004 Letter of Inquiry regarding whether Clear World violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payments. I. BACKGROUND 3. Pursuant to section 64.1195(a) of the Commission's rules, all carriers that provide interstate telecommunications service must register with the Commission through submission of FCC Form 499-A. In addition, pursuant to section 254(d) of the Act
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- ITE characterizes itself as a provider of residential and business long distance telephone services, international telephone services, and pre-paid phone card services. ITE began providing telecommunications services in the United States in 2002. 4. On January 26, 2005, the Bureau sent ITE a Letter of Inquiry to obtain information concerning ITE's compliance with sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, which require entities that provide interstate telecommunications services to pay annual regulatory fees; to contribute to the Universal Service Fund ("USF"), TRS Fund, and North American Numbering Plan Administration ("NANPA") Fund; and to file information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). 5. Section 225(b)(1) of the Act, which
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- Ms. Ruth Peterson, President, Universal Telecommunications, Inc., 3781 Presidential Parkway, Atlanta, Georgia 30340 and 2799 Lawrenceville Highway, Suite 111, Decatur, Georgia 30033 and CT Corporation, Registered Agent, Universal Telecommunications, Inc, 111 Eighth Avenue, New York, New York 10011. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See [1]http://www.utiworldnet.com/USP/servicesUSP.asp (last accessed on June 13, 2006. Id. See 47 C.F.R. S 64.1195(a). Letter from Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, to Ruth Peterson, Universal and CT Corporation, Registered Agent for Universal, dated August 17, 2005 ("August 17, 2005 LOI"). The LOI specifically required Universal to provide relevant information with respect to Universal and any affiliate, predecessor-in-interest, parent company, subsidiary, director, officer, employee, and agent. Receipt of the
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- entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and FPL FiberNet, LLC ("FPL"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against FPL for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Bureau and FPL have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and Intelecom Solutions, Inc. ("Intelecom"). The Consent Decree terminates an investigation initiated by the Bureau into possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Bureau and Intelecom have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- a division of Smoky Mountains Systems, Inc., a North Carolina firm offering a variety of regulated and non-regulated telecommunications services. Unicom itself is a local and long distance carrier providing interstate telecommunications service in North Carolina and Florida. 3. On March 30, 2004, the Bureau's audit staff sent a letter to Unicom requesting information pertaining to its compliance with section 64.1195 of the Commission's rules, which requires all telecommunications carriers that provide interstate telecommunications services to register with the Commission. The purpose of this requirement is to assist the Commission in monitoring the entry and operation of interstate telecommunications carriers to ensure that, among other things, they do not engage in fraud or evade oversight. After receiving an inadequate response and
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- Decree entered into between the Federal Communications Commission ("the Commission") and Communication Services Integrated, Inc. ("CSII"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against CSII for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Commission and CSII have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material
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- announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., Proposed Third Quarter 2003 Contribution Factor, Public Notice, 18 FCC Rcd 11442 (Wireline Comp. Bur. 2003) ("Contribution payments are due on the date shown on the administrator invoice."). See 47 C.F.R. S 64.1195(a). See Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated March 30, 2004 (requesting confirmation that TMI had filed registration information pursuant to section 64.1195(a) of the Commission's rules); Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated June 18,
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- USF. Rather, we assessed forfeitures for each of these carriers' additional violations, some in the hundreds of thousands of dollars. For example, in addition to the forfeiture we proposed for one carrier's failure to contribute to the USF, we also proposed a forfeiture against the carrier of $100,000 for its failure to register with the Commission as required by section 64.1195 of our rules; $250,000 for its failure to file five Telecommunications Reporting Worksheets with the Commission; $10,000 for its failure to contribute to the Telecommunications Relay Service fund, plus an upward adjustment of one-half of its unpaid contributions to that fund; $10,000 for failure to contributing to the North American Numbering Plan Administration fund; and $10,000 for failure to pay
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- FCC Rcd 17264 (2005) ("Global Teldata NAL"); InPhonic, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13277 (2005); Telecom House, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 15131 (2005); Teletronics, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13291 (2005). See para. 11, supra. 47 C.F.R. S 64.1195(a). See, e.g., id. at 17275, PP 26-27. See, e.g., id. at 17274-75, P 25. See Globcom Inc. d/b/a Globcom Global Communications, Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893 (2003), Globcom Inc., Order of Forfeiture, FCC 06-49. 47 C.F.R. S 1.80(b). See, e.g., BigZoo.com Corp., Order of Forfeiture, 20 FCC Rcd 3954 (2005); QuickLink Telecom, Inc.,
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- we cancel the $20,000 forfeiture proposed in the NAL. II. BACKGROUND 2. Blackstone is a Florida-based company that offers various services and products to the public, among them a variety of prepaid calling cards, including cards with the Blackstone label. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting specific information relating to its compliance with Section 64.1195 of the Commission's rules. Section 64.1195(a) requires that a telecommunications carrier that will provide or already provides interstate telecommunications service file certain registration information with the Universal Service Administrative Company ("USAC"). Blackstone responded to the Bureau's inquiry letter by providing an unsupported statement that "Blackstone Calling Card, Inc. is not a carrier" and thus not required to comply with Section
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- Commission (the "Commission"), TELUS Communications., Inc. and TELUS Communications Company (collectively "TELUS"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against TELUS for possible violations of Sections 9, 225, 251, and 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan ("NANP") administration, regulatory fees, and carrier registration. 2. The Commission and TELUS have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the
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- "Telecommunications Reporting Worksheet" or "Worksheet"); FCC Form 499-A Instructions (2007) at 1, 3-5. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. S:S: 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Letter from Trent B. Harkrader, Deputy Chief, Investigations and
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- transmission to the facsimile number and the signed certified mail return receipt card. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. S:S: 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Receipt of the letter is shown by confirmation of
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- ("Presiding Judge") to determine, among other things: whether BOI had intentionally provided incorrect or misleading information to the Commission; whether BOI had engaged in unlawful "slamming" activities by changing consumers' long distance providers without authorization in violation of Section 258 of the Act and Section 64.1120(a)(1) of the Commission's rules; whether BOI failed to file registration statements required under Section 64.1195 of the Commission's rules; and whether BOI discontinued service to the public in violation of Section 214 of the Act and Section 63.71 of the Commission's rules. After the hearing was commenced, additional issues were added to determine whether BOI had properly filed Telecommunications Reporting Worksheets, and made all required contributions to the Universal Service Fund ("USF") and Telecommunications Relay
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- attached Consent Decree entered into between the Federal Communications Commission (the "Commission") and Teletronics, Inc. ("Teletronics"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Teletronics for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Commission and Teletronics have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- Further Notice of Apparent Liability for Forfeiture, we both impose a forfeiture of $819,905 ("Order of Forfeiture"), and propose a new forfeiture of $100,000 ("Further Notice of Apparent Liability"), against InPhonic, Inc. ("InPhonic"). The Order of Forfeiture follows a Notice of Apparent Liability we issued on July 25, 2005. Herein we find that InPhonic willfully and repeatedly violated: (1) section 64.1195 of the Commission's rules by failing to register with the Commission until January 2005; (2) sections 54.706(a) and 64.604(c)(5)(iii)(B) of the rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") from 2002 to 2004; (3) section 254(d) of the Communications Act of 1934, as amended (the "Act"), and 54.711(a) of the rules by failing to contribute to the Universal
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- OF FORFEITURE Adopted: April 18, 2007 Released: May 3, 2007 By the Commission: I. INTRODUCTION 1. In this Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC ("Global Teldata"). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section
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- annual contributions. 6. In 2004, the Enforcement Bureau ("Bureau") sought to identify resellers of telecommunications services that failed to register as telecommunications service providers with the Commission and, thus, may also have failed to satisfy various Commission program requirements. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules. On May 4, 2004, Carrera registered and belatedly filed certain financial information that had been due April 1, 2004. After determining that Carrera apparently failed to timely register with the Commission or timely file required Worksheets, the Bureau issued a letter of inquiry ("LOI") to Carrera on July 29, 2004. Carrera did not respond within the
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and WTI Communications, Inc. ("WTI"). The Consent Decree terminates an investigation by the Bureau against WTI for possible violation of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to regulatory fees, the universal service fund, telecommunications relay service fund, and cost recovery mechanisms for the North American Numbering Plan administration and local number portability. 2. The Bureau and WTI have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
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- the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and CapRock Communications, Inc. ("CapRock"). The Consent Decree terminates an investigation by the Bureau against CapRock for possible violation of, among other things, section 254 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706, 54.711, and 64.1195 of the Commission's rules relating to registration, regulatory filings and the universal service fund. 2. The Bureau and CapRock have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
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- 218, and 403 of the Communications Act of 1934, as amended ("the Act"), to provide certain information and documents. In addition, the Consent Decree terminates an investigation of Unicom for possible violations of sections 9, 225, 251, and 254 of the Act, relating to universal service and other programs, and, among others, sections 1.1154, 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, relating to regulatory fees, the North American Numbering Plan ("NANP") cost recovery mechanism, the Universal Service Fund ("USF"), the Telecommunications Relay Service ("TRS") Fund, and carrier registration. 2. The Bureau and Unicom have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
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- call 911 during emergency situations). See 47 C.F.R. S:S: 1.20000 - 1.20008. See id. S:S: 64.2001 - 64.2009. See id. S:S: 64.601 - 64.608. See id. S:S: 6.1 - 6.23 and S:S: 7.1 - 7.23. See id. S:S: 52.20 - 52.33 See id. S: 54.706. See id. S: 64.604. See id. S: 52.17. See id. S: 52.32. See id. S: 64.1195. Id. S:S: 0.111, 0.311 and 1.80. (Continued from previous page) (continued ...) Federal Communications Commission DA 08-1920 9 Federal Communications Commission DA 08-1920 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.doc
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- U.S.C. S: 3717, and administrative charges pursuant to 47 C.F.R. S:S: 1.1940 and 54.713, 31 C.F.R. S: 285.12(j). See, e.g., 47 U.S.C. S: 151. See Implementation of the Subscriber Carrier Selection Changes Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024-26 (2000) ("Carrier Selection Order"). 47 C.F.R. S: 64.1195. Upon submission of a Form 499-A registration, the carrier is issued a filer identification number by USAC, which is then associated with further filings by the company and is used to track the carrier's contributions and invoices. Individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. See Federal-State Joint Board on Universal
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- 23, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Yukon-Waltz Communications, Inc. ("Yukon-Waltz" or "the Company"). The Consent Decree terminates an investigation by the Bureau against Yukon-Waltz for possible violations of section 214 of the Communications Act of 1934, as amended, and sections 63.18 and 64.1195 of the Commission's Rules, which require that an entity obtain an international 214 authorization prior to providing international telecommunications service and register with the Universal Service Administrative Company. 2. The Bureau and Yukon-Waltz have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After
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- LIABILITY FOR FORFEITURE Adopted: January 14, 2009 Released: January 14, 2009 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that ADMA Telecom, Inc. ("ADMA") apparently violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Commission's rules by willfully or repeatedly failing to register with the Commission, failing to make the required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, cost recovery mechanisms for the North American Numbering Plan ("NANP") administration and failing to obtain an international section 214
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- that Allcom may be providing international telecommunications service without Commission authorization. On its website, Allcom claims to provide telephone service, voicemail, conference calling, paging, and International Public Access Numbers through its Universal Office and Genie products. On July 28, 2009, the Bureau initiated an investigation into AllCom's alleged violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 63.12(d), 63.18, 64.604, and 64.1195 of the Commission's rules, and Section 214 of the Communications Act of 1934, as amended ("the Act") by issuing the LOI directing AllCom, among other things, to provide information regarding these obligations and directing Allcom to respond by August 27, 2009. The Bureau directed the LOI to Thomas Skala, the Chief Executive Officer for AllCom, based on information on the
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- requests; and that Defendants violated sections 64.1200(e)(2)(iii) and 64.1200(d)(3) of the Commission's rules, and section 227 of the Act, by failing to implement company-specific do-not-call requests within a reasonable amount of time. Complainants also allege that Verizon Communications violated sections 201, 205, 225, 227, 251, 254, 258 and 416 of the Act by failing to register in accordance with section 64.1195(c) of the Commission's rules while providing telecommunications service as a telecommunications carrier; and that Verizon New Jersey and Verizon Wireless violated section 64.1195(b)(1) of the Commission's rules, and sections 201, 205, 225, 227, 251, 254, 258, and 416 of the Act by filing false information on FCC Form 499-A while providing telecommunications service as a telecommunications carrier. 4. Complainants allege
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- Consent Decree entered into between the Enforcement Bureau ("Bureau") and ComSpan Communications Inc. f/k/a Wantel, Inc. ("ComSpan" or the "Company"). The Consent Decree terminates an investigation by the Bureau against ComSpan for possible violations of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund ("USF") and Telecommunications Relay Services ("TRS") Fund; contributions to cost-recovery mechanisms for North American Numbering Plan ("NANP") and Local Number Portability ("LNP") administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
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- TransAria, Inc. 7330 Shedhorn Drive Bozeman, MT 59718 Re: File No. EB-08-IH-1161 Dear Mr. Tarbert: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.708, 54.711, 64.604 and 64.1195 of the Commission's rules, and failing to comply with section 9.5(e)(3), one of the Commission's rules relating to the provision of E911 capabilities to its customers. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated July 30, 2008, the Investigations and Hearings
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- Vocalocity, Inc. 600 Virginia Avenue, NE Atlanta, GA 30306 RE: File No. EB-08-IH-1151 Dear Mr. Jerkunica: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5) for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195 of the Commission's rules. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated May 21, 2008, the Investigations and Hearings Division of the Commission's Enforcement Bureau ("the Division") initiated an investigation into whether Vocalocity, Inc. ("Vocalocity") violated the Commission's rules and orders
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- a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to Globalcom, Inc., Raymond Hexamer, Chief Executive Officer, 3340 West Market St., Akron, OH 44333. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(a) and 54.711(a). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195. See also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
- http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
- that a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to NTS Communications, Inc., Barbara Baldwin, Chief Executive Officer, 5307 W. Loop 289, Lubbock, TX 79414. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(a). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195. See also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-666A1.html
- April 14, 2011 Released: April 14, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Allegiance Communications, LLC ("Allegiance" or the "Company"). The Consent Decree terminates an investigation by the Bureau against Allegiance for possible violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund ("USF") and Telecommunications Relay Services ("TRS") Fund; contributions to cost-recovery mechanisms for North American Numbering Plan ("NANP") and Local Number Portability ("LNP") administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). 2.
- http://transition.fcc.gov/eb/Orders/2011/DA-11-802A1.html
- failure to file a hearing aid compatibility status report as a continuing violation), response pending. See ADMA Telecom, Inc., File No. EB-06-IH-2110, Forfeiture Order, FCC 11-42, at 4, para. 8 (rel. Mar. 10, 2010) ("ADMA's failure to register was a continuing violation that began on the day ADMA started providing interstate telecommunications service without having registered in accordance with section 64.1195(a) and continued until it filed its first Form 499 on August 1, 2006."); Telrite Corp., Notice of Apparent Liability for Forfeiture and Order, 23 FCC Rcd 7231, 7244, para. 30 (2008) (construing the carrier's failures to file Telecommunications Reporting Worksheets as "continuing violations for which the statute of limitations for forfeiture does not begin to run until the violation is
- http://transition.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
- 2011 Released: March 10, 2011 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, we assess a monetary forfeiture of $662,541 against ADMA Telecom, Inc. ("ADMA"). We find that ADMA willfully and repeatedly violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Federal Communications Commission's (the "Commission's" or "FCC's") rules by (1) failing to register with the Commission, (2) failing to make required regulatory filings, (3) failing to obtain an international section 214 authorization, and (4) failing to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, and cost recovery mechanisms for the North
- http://transition.fcc.gov/eb/Orders/2012/DA-12-267A1.html
- Order, we adopt a Consent Decree entered into between the Enforcement Bureau (Bureau) and Bay Springs Communications, Inc. (BSCI). The Consent Decree terminates an investigation by the Bureau against BSCI for possible violations of Sections 9(a)(1), 225, 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules (Rules) concerning various regulatory fee and reporting obligations as well as required contributions to the Universal Service Fund, the Telecommunications Relay Service Fund, and the North American Numbering Plan and Local Number Portability administration. The Consent Decree also terminates an investigation by the Bureau into possible violations of Section 222 of the Act, Section 64.2009(e) of
- http://transition.fcc.gov/eb/Orders/2012/DA-12-8A1.html
- Bureau: 1. In this Order, we adopt the attached Consent Decree entered between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and StanaCard, LLC (StanaCard). The Consent Decree terminates an investigation by the Bureau against StanaCard for possible violations of Sections 214 and 225 of the Communications Act of 1934, as amended (Act) and Sections 63.18, 64.604(c)(5)(iii)(A), and 64.1195(a) of the Commission's rules (Rules) concerning authorization to provide facilities-based and resold international common carrier communications services, contributions to the Telecommunications Relay Services Fund, and registration with the Commission. 2. A copy of the Consent Decree negotiated by the Bureau and StanaCard is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and
- http://transition.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: April 13, 2012 Released: April 16, 2012 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that RB Communications, Inc., d/b/a Starfone, apparently violated Section 214 of the Communications Act of 1934, as amended (the "Act"), and Sections 1.1154, 1.1157(b)(1), 63.18, 64.604(c)(5)(iii)(A), and 64.1195 of the Commission's rules, by willfully and repeatedly failing to: (1) apply for and obtain authorization from the Commission to provide international telecommunications service; (2) register with the Commission; (3) contribute to the Telecommunications Relay Service (TRS) Fund; and (4) pay regulatory fees to the Commission. Based on our review of the facts and circumstances surrounding this matter, and for
- http://transition.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
- Marlene H. Dortch Secretary 47 U.S.C. S: 254(d); 47 C.F.R. S: 54.706. 47 C.F.R. S: 54.711(a). Form 499-Q is also known as the Quarterly Telecommunications Reporting Worksheet or Quarterly Worksheet. 47 U.S.C. S: 251(e)(2); 47 C.F.R. S: 52.17. 47 U.S.C. S: 251(e)(2); 47 C.F.R. S: 52.32(a). 47 C.F.R. S:S: 1.1154, 1.1157(b)(1). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195; see also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). 47 C.F.R. S: 54.701(a). See id. S:S: 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form
- http://transition.fcc.gov/eb/Public_Notices/DA-04-437A2.html
- in lack of candor (Issue a); to determine whether BOI had changed consumers' preferred carrier without their authorization in willful or repeated violation of 258 of the Communications Act of 1934, as amended (the ``Act'') and 64.1100-1190 of the Commission's rules (Issue b); to determine whether BOI had failed to file FCC Form 499-A in willful or repeated violation of 64.1195 of the Commission's rules (Issue c); to determine whether BOI had discontinued service without Commission authorization in willful or repeated violation of 214 of the Act and 63.71 and 63.505 of the Commission's rules (Issue d); to determine whether BOI's authorization pursuant to 214 of the Act to operate as a common carrier should be revoked (Issue e); and to
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002163.doc
- subscriber's preferred carrier selections; and an explanation that the subscriber will be unable to make a change in carrier selection unless he or she lifts the freeze.'' 7. In Appendix A, on page 60, the text of Section 64.1190(d)(2)(ii) is revised to read as follows: `` * * *.'' 8. In Appendix A, on page 60, the text of Section 64.1195(a) is revised to read as follows: ``Applicability. A telecommunications carrier that will provide interstate interexchange telecommunications service shall file the registration information described in subsection (b) of this section in accordance with the procedures described in subsections (c) and (g) of this section. Any telecommunications carrier already providing interstate interexchange telecommunications service on the effective date of these rules shall
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00255.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00255.txt
- and (h) of the Commission's rules concerning the form and content for letters of agency. * * * A local exchange carrier administering a preferred carrier freeze must accept a subscriber's written or electronically signed authorization stating his or her intent to lift a preferred carrier freeze; and * * * Part 64, Subpart K, is amended by adding section 64.1195 to read as follows: 64.1195 Registration Requirement (a) Applicability. A telecommunications carrier that will provide interstate interexchange telecommunications service shall file the registration information described in subsection (b) of this section in accordance with the procedures described in subsections (c) and (g) of this section. Any telecommunications carrier already providing interstate interexchange telecommunications service on the effective date of
- http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.txt
- information to those agencies through the matching of computer records where authorized. With the exception of your employer identification number, if you do not provide the information we request on the worksheet, the Commission may consider you in violation of sections 1.47, 52.17, 52.32, 54.713, and 64.604 of the Commission's rules. 47 C.F.R. 1.47, 52.17, 52.32, 54.713, 64.604, and 64.1195. The foregoing Notice is required by the Privacy Act of 1974, P.L. 93-579, December 31, 1974, 5 U.S.C. 552(a)(e)(3), and the Paperwork Reduction Act of 1995, P.L. No. 104-13, 44 U.S.C. 3501, et seq. * * * * * Table of Contents I. Introduction 3 II. Filing Requirements and General Instructions 3 A. Who Must File 3 1.
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat02.pdf
- provide interstate services are not required to contribute. See Figure 3 of the Instructions to the Telecommunications Reporting Worksheet, FCC Form 499-A for more details. 6 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 7 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 3 Table 3 lists each of the 5,364 FCC Form 499-A filers alphabetically by legal name. For each filer, Table 3 shows contact information including legal name, address of corporate headquarters, telephone number for customer inquiries, principal communications business, and holding company. This table also shows for each filer the specific services from which they derive revenues: local, mobile, payphone,
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat03.pdf
- of their systems integration revenues from the resale of telecommunications and entities that provide services only to themselves or to commonly-owned affiliates need not file. 3 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 7 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 2 their total telecommunications billings, or if they reported at least $50 million in revenues in each category. Because of the way their revenues were reported, we were unable to determine which mobile service, payphone, satellite, prepaid card and operator service affiliates fell into the local / long distance category. Note that a local / long distance designation holds no
- http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat04.pdf
- their systems integration revenues from the resale of telecommunications and entities that provide services only to themselves or to commonly-owned affiliates need not file. 3 A telecommunications carrier intending to provide interstate telecommunications service can fulfill its registration requirement by filing pages 1, 2, 3, and 7 of FCC Form 499-A with the data collection agent (see 47 C.F.R. 64.1195). 2 other hand, were included in the local / long distance category if, at the holding-company level, at least 10% of end-user telecommunications revenues were interstate. Because of the way their revenues were reported, we were unable to determine which payphone, satellite, prepaid card and operator service affiliates fell into the local / long distance category. Note that a local
- http://www.fcc.gov/Forms/Form499-A/499a-2001.pdf
- information to those agencies through the matching of computer records where authorized. With the exception of your employer identification number, if you do not provide the information we request on the worksheet, the Commission may consider you in violation of sections 1.47, 52.17, 52.32, 54.713, and 64.604 of the Commission's rules. 47 C.F.R. 1.47, 52.17, 52.32, 54.713, 64.604, and 64.1195. The foregoing Notice is required by the Privacy Act of 1974, P.L. 93-579, December 31, 1974, 5 U.S.C. 552(a)(e)(3), and the Paperwork Reduction Act of 1995, P.L. No. 104-13, 44 U.S.C. 3501, et seq. * * * * * Table of Contents I. Introduction 3 II. Filing Requirements and General Instructions 4 A. Who Must File 4 1.
- http://www.fcc.gov/Forms/Form499-A/499a-2002.pdf
- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services shall contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 requires all telecommunications carriers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 225, 251, 254, and 258 of the Communications Act of 1934, as amended, 47 U.S.C. 225, 251, 254, and 258. The data in the worksheet will be used to calculate contributions to the
- http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf
- Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 requires all telecommunications carriers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 225, 251, 254, and 258. The data in the Worksheet will be used to
- http://www.fcc.gov/Forms/Form499-A/499a-2004.pdf
- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end- user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 requires all telecommunications carriers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 225, 251, 254, and 258. The data in the Worksheet will be used to
- http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf
- Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 requires all telecommunications carriers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 151(i), 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 151(i), 225, 251, 254, and 258. The data in the Worksheet will be
- http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf
- Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier providing interstate telecommunications services contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.604(c)(5)(iii)(B). Section 64.1195 and the Commission's orders require all telecommunications carriers and interconnected VoIP providers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under Sections 151(i), 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 151(i), 225, 251, 254, and
- http://www.fcc.gov/Forms/Form499-A/499a-2008.pdf
- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier and interconnected VoIP provider contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.601(b), 64.604(c)(5)(iii)(B). Section 64.1195 and the Commission's orders require all telecommunications carriers and interconnected VoIP providers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under sections 151(i), 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 151(i), 225, 251, 254, and
- http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf
- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier and interconnected VoIP provider contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.601(b), 64.604(c)(5)(iii)(B). Section 64.1195 and the Commission's orders require all telecommunications carriers and interconnected VoIP providers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under sections 151(i), 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 151(i), 225, 251, 254, and
- http://www.fcc.gov/Forms/Form499-A/499a-2010.pdf
- (FCC Form 499-Q) four times a year. 47 C.F.R. 54.706, 54.711, 54.713. Section 64.604 requires that every common carrier and interconnected VoIP provider contribute to the Telecommunications Relay Services (TRS) Fund on the basis of its relative share of interstate end-user telecommunications revenues, with the calculation based on information provided in this Worksheet. 47 C.F.R. 64.601(b), 64.604(c)(5)(iii)(B). Section 64.1195 and the Commission's orders require all telecommunications carriers and interconnected VoIP providers to register using the FCC Form 499-A. 47 C.F.R. 64.1195(a). This collection of information stems from the Commission's authority under sections 151(i), 225, 251, 254, and 258 of the Communications Act of 1934, as amended (Communications Act or Act), 47 U.S.C. 151(i), 225, 251, 254, and
- http://www.fcc.gov/Forms/Form499-A/499a-2011.pdf
- U.S.C. 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. 413; see also 47 C.F.R. 1.47(h). 6 47 C.F.R. 64.1195. 7 For this purpose, the United States is defined as the contiguous United States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico, the U.S. Virgin Islands, and Wake Island. 8 Section 254(d) applies not only to "every telecommunications carrier that provides interstate
- http://www.fcc.gov/Forms/Form499-A/499a2-2011.pdf
- U.S.C. 159(a), (b)(1)(A), (g) (authorizing the Commission to collect annual regulatory fees to recover the costs of enforcement, policy and rulemaking, user information, and international activities). 4 See 47 C.F.R. 52.17 (numbering administration), 52.32 (local number portability), 54.706 (universal service), 64.604 (interstate TRS). 5 47 U.S.C. 413; see also 47 C.F.R. 1.47(h). 6 47 C.F.R. 64.1195. 7 For this purpose, the United States is defined as the contiguous United States, Alaska, Hawaii, American Samoa, Baker Island, Guam, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Island, Navassa Island, the Northern Mariana Islands, Palmyra, Puerto Rico, the U.S. Virgin Islands, and Wake Island. 8 Section 254(d) applies not only to "every telecommunications carrier that provides interstate
- http://www.fcc.gov/eb/Orders/2003/FCC-03-68A1.html
- Commission's rules.12 BOI simultaneously filed a request for waiver of the customer notification requirements set forth in Section 63.71(a) of the Commission's rules. A. BOI Responses to Commission Inquiries 6. The Letter of Inquiry to BOI of November 1, 2002 asked a number of questions concerning (1) BOI's corporate structure, (2) its compliance with Commission registration requirements under 47 C.F.R. 64.1195, (3) whether it or its affiliates, subsidiaries, or agents changed the preferred carriers of listed complainants after April 1, 2002, and (4) its telemarketing practices. Among other things, the Letter of Inquiry asked in Paragraph 3: [d]uring the period from April 1, 2002 to the present, has BOI or any of its subsidiaries, affiliates, or any other entity acting under
- http://www.fcc.gov/eb/Orders/2004/DA-04-657A1.html
- Corporation (``WestCom'' or the ``Company''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether WestCom violated the universal service reporting and contribution requirements of Section 254 of the Communications Act of 1934, as amended (the ``Act''), 47 U.S.C. 254, and of Sections 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195 of the Commission's Rules, 47 C.F.R. 52.17, 52.32, 54.706, 54.711, 54.713, and 64.1195. 9. For the purposes of this Consent Decree, the following definitions shall apply: (a) The ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. 151 et seq. (b) ``Adopting Order'' or ``Order'' means an order of the Commission or the Bureau adopting this Consent Decree.
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- or modification. (o) ``Order to Show Cause'' means the Order to Show Cause and Notice of Opportunity for Hearing, 18 FCC Rcd 6881 (2003). (p) The ``Parties'' means the Companies and the Bureau. (q) The ``Proceeding'' means the evidentiary hearing initiated by the Order to Show Cause. (r) ``Registration'' means the filing of the information set forth in 47 C.F.R. 64.1195 (2002). (s) ``Re-provisioning'' means the practice of changing a former customer's long distance telephone service back to the Companies without obtaining authorization or verification of any authorization from that customer for the change. (t) ``Sales Call'' means a telephone solicitation for the purpose of obtaining or re-obtaining a customer for the Companies' long distance telephone service. (u) ``Sales Representative'' means
- http://www.fcc.gov/eb/Orders/2004/FCC-04-95A1.html
- Suite 1200, Houston, TX 77098; and Caterina Bergeron, President, World Communications Satellite Systems, 251 East Ohio St., Suite 500, Indianapolis, IN 46204. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 1 47 U.S.C. 258. 2 ``Slamming'' is the submission or execution of an unauthorized change in a subscriber's selection of a provider of telecommunications service. See generally 47 C.F.R. 64.1100- 64.1195. 3 World Communications Satellite Systems, Inc., Notice of Apparent Liability for Forfeiture, FCC 04-9, 2004 WL 63450 (rel. Jan. 15, 2004) (``NAL''). 4 47 C.F.R. 1.80(f)(3). 5 NAL at 17. 6 NAL at 17. We note that the 30 day deadline fell on February 14, 2004, a Saturday. Therefore, pursuant to 1.4(j) of the Commission's rules, the deadline was extended
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- Decree without change, addition, deletion, or modification. (f) ``Effective Date'' means the date on which the Commission or the Bureau releases the Adopting Order. (g) ``Investigation'' means the investigation commenced by the Bureau's October 28, 2004 Letter of Inquiry6 regarding whether Locus violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 54.713, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payment. I. BACKGROUND 3. Pursuant to section 254(d) of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, telecommunications carriers that provide interstate telecommunications services and private service providers that provide interstate telecommunications are
- http://www.fcc.gov/eb/Orders/2005/DA-05-2989A1.html
- we adopt the attached Consent Decree entered into between the Enforcement Bureau and United Networks International, Inc. (``UNI''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against UNI for possible violations of section 254 of the Communications Act of 1934, as amended (``the Act''),1 relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees.2 2. The Enforcement Bureau and UNI have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us,
- http://www.fcc.gov/eb/Orders/2005/DA-05-3192A1.html
- of prepaid telecommunications products and services.''1 Blackstone offers various services and products to the public, including a variety of prepaid calling cards.2 On its website, Blackstone offers Blackstone-labeled calling cards, among other products, directly to the public for a fee.3 3. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting information pertaining to Blackstone's compliance with section 64.1195 of the Commission's rules.4 Blackstone provided certain contact information requested and an unsupported statement that ``Blackstone Calling Card, Inc., is not a carrier.''5 4. After determining that Blackstone appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets (``Worksheets''), the Bureau issued a letter of inquiry (``LOI'') to Blackstone on October 21, 2004.6
- http://www.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
- benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter we conclude that this company is apparently liable for a total forfeiture of $819,905. 2. We specifically find that InPhonic, Inc. (``InPhonic'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until January 2005.1 We also find that InPhonic has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2004.2 Finally, we find that InPhonic has apparently violated section 254(d) of the Communications Act
- http://www.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
- at least indirectly benefiting from federal programs supporting the telecommunications industry for years, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon our review of the facts and circumstances surrounding this matter, we conclude that Teletronics is apparently liable for a total forfeiture of $692,000. 2. Specifically we find Teletronics has apparently violated sections 64.1195(a) of the Commission's rules by willfully and repeatedly failing to register with the Commission from April 2, 2001 to the current date.1 We also conclude that Teletronics has apparently violated 54.711(a), 64.604(c)(5)(iii)(B), and 52.17(b) of our rules by failing to submit certain Telecommunications Reporting Worksheets from 1999 to the current date. 2 We further find that Teletronics has apparently violated
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- provided by wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules.28 Thereafter, Carrera registered and belatedly filed on May 5, 2004, certain revenue information that had been due April 1, 2004. Carrera then responded to the Bureau's audit staff that it had registered and filed.29 10. After determining that Carrera appeared to have failed to timely register with the Commission or timely file required Telecommunications Reporting Worksheets,
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- Metaire, LA 70002. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary _________________________ 147 U.S.C. 254(d). 247 C.F.R. 54.706(a). 347 C.F.R. 1.1154, 1.1157(b)(1). 4See, e.g., 47 U.S.C. 151. 5See Implementation of the Subscriber Carrier Selection Provisions of the Telecommunications Act of 1996, Third Report and Order and Second Order on Reconsideration, 15 FCC Rcd 15996, 16024 (2000) (``Carrier Selection Order''). 647 C.F.R. 64.1195. 7See 47 U.S.C. 159(a),(b); 225(d)(3); 251(e)(2); 254(d). In 1999, to streamline the administration of the programs and to ease the burden on regulatees, the Commission consolidated the information filing requirements for multiple telecommunications regulatory programs into the annual Telecommunications Reporting Worksheet. See 1998 Biennial Regulatory Review, Report and Order, 14 FCC Rcd 16602 (1999). The next year the Commission revised
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- wholesale service providers against the Commission's central repository of registered telecommunications service providers with filer identification numbers. If a reseller did not appear to have an identification number, the audit staff sent an inquiry to that reseller. On March 30, 2004, the Bureau's audit staff sent a letter to BCE Nexxia requesting information pertaining to BCE Nexxia's compliance with section 64.1195 of the Commission's rules.16 Thereafter, BCE Nexxia registered and belatedly filed on April 30, 2004, the annual Worksheet due April 1, 2004. BCE Nexxia then responded to the Bureau's audit staff that it had registered and filed its first annual Worksheet.17 9. After determining that BCE Nexxia appeared to have failed to timely register with the Commission or timely file
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- the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $529,300. 2. We specifically find that Telecom House, Inc. (``Telecom House'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until September 2004.1 We also find that Telecom House has apparently violated sections 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2001 to 2005.2 Finally, we find that Telecom House has apparently violated section 254(d) of the
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- benefiting from the federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to the universal service program. Based upon the facts and circumstances surrounding this matter we conclude that this carrier is apparently liable for a total forfeiture of $462,638. 2. We specifically find that CSII has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until February 2005.1 We also find that CSII has apparently violated section 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') from 2002 to 2005.2 Finally, we find that CSII has apparently violated section 254(d) of the Communications Act of 1934,
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- federal programs supporting the telecommunications industry since that time, apparently failed to meet its statutory and regulatory obligations relating to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that this company is apparently liable for a total forfeiture of $236,774. 2. We specifically find that Global Teldata II, LLC (``Global Teldata'') has apparently violated section 64.1195 of the Commission's rules by willfully and repeatedly failing to register with the Commission until November 17, 2004.1 We also find that Global Teldata has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets'') prior to November 17, 2004.2 Finally, we find that Global Teldata has apparently violated section 254(d) of
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- the attached Consent Decree entered into between the Enforcement Bureau and Clear World Communications Corp. ("Clear World"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Clear World for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to universal service, the Telecommunications Relay Service Fund, the North American Numbering Plan Administration, and regulatory fees. 2. The Enforcement Bureau and Clear World have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before
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- Decree without change, addition, deletion, or modification. f. "Effective Date" means the date on which the Commission or the Bureau releases the Adopting Order. g. "Investigation" means the investigation commenced by the Bureau's September 28, 2004 Letter of Inquiry regarding whether Clear World violated the requirements of section 254 of the Act and/or sections 1.1157, 52.17, 54.706, 54.711, 64.604 and 64.1195 of the Commission's rules relating to carrier registration, universal service reporting and contribution, number administration, telecommunications relay systems and regulatory fee payments. I. BACKGROUND 3. Pursuant to section 64.1195(a) of the Commission's rules, all carriers that provide interstate telecommunications service must register with the Commission through submission of FCC Form 499-A. In addition, pursuant to section 254(d) of the Act
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- ITE characterizes itself as a provider of residential and business long distance telephone services, international telephone services, and pre-paid phone card services. ITE began providing telecommunications services in the United States in 2002. 4. On January 26, 2005, the Bureau sent ITE a Letter of Inquiry to obtain information concerning ITE's compliance with sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, which require entities that provide interstate telecommunications services to pay annual regulatory fees; to contribute to the Universal Service Fund ("USF"), TRS Fund, and North American Numbering Plan Administration ("NANPA") Fund; and to file information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). 5. Section 225(b)(1) of the Act, which
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- Ms. Ruth Peterson, President, Universal Telecommunications, Inc., 3781 Presidential Parkway, Atlanta, Georgia 30340 and 2799 Lawrenceville Highway, Suite 111, Decatur, Georgia 30033 and CT Corporation, Registered Agent, Universal Telecommunications, Inc, 111 Eighth Avenue, New York, New York 10011. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief, Enforcement Bureau See [1]http://www.utiworldnet.com/USP/servicesUSP.asp (last accessed on June 13, 2006. Id. See 47 C.F.R. S 64.1195(a). Letter from Hillary S. DeNigro, Deputy Chief, Investigations and Hearings Division, Enforcement Bureau, to Ruth Peterson, Universal and CT Corporation, Registered Agent for Universal, dated August 17, 2005 ("August 17, 2005 LOI"). The LOI specifically required Universal to provide relevant information with respect to Universal and any affiliate, predecessor-in-interest, parent company, subsidiary, director, officer, employee, and agent. Receipt of the
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- entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and FPL FiberNet, LLC ("FPL"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against FPL for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Bureau and FPL have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- attached Consent Decree entered into between the Enforcement Bureau ("Bureau") of the Federal Communications Commission and Intelecom Solutions, Inc. ("Intelecom"). The Consent Decree terminates an investigation initiated by the Bureau into possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Bureau and Intelecom have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- a division of Smoky Mountains Systems, Inc., a North Carolina firm offering a variety of regulated and non-regulated telecommunications services. Unicom itself is a local and long distance carrier providing interstate telecommunications service in North Carolina and Florida. 3. On March 30, 2004, the Bureau's audit staff sent a letter to Unicom requesting information pertaining to its compliance with section 64.1195 of the Commission's rules, which requires all telecommunications carriers that provide interstate telecommunications services to register with the Commission. The purpose of this requirement is to assist the Commission in monitoring the entry and operation of interstate telecommunications carriers to ensure that, among other things, they do not engage in fraud or evade oversight. After receiving an inadequate response and
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- Decree entered into between the Federal Communications Commission ("the Commission") and Communication Services Integrated, Inc. ("CSII"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against CSII for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Commission and CSII have negotiated the terms of a Consent Decree that would resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material
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- announce by Public Notice published in the Federal Register and on its website the manner of payment and the dates by which payments must be made."). See, e.g., Proposed Third Quarter 2003 Contribution Factor, Public Notice, 18 FCC Rcd 11442 (Wireline Comp. Bur. 2003) ("Contribution payments are due on the date shown on the administrator invoice."). See 47 C.F.R. S 64.1195(a). See Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated March 30, 2004 (requesting confirmation that TMI had filed registration information pursuant to section 64.1195(a) of the Commission's rules); Letter from Hugh L. Boyle, Chief Auditor, Investigations and Hearings Division, Enforcement Bureau, FCC, to Telecom Management, Inc., dated June 18,
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- USF. Rather, we assessed forfeitures for each of these carriers' additional violations, some in the hundreds of thousands of dollars. For example, in addition to the forfeiture we proposed for one carrier's failure to contribute to the USF, we also proposed a forfeiture against the carrier of $100,000 for its failure to register with the Commission as required by section 64.1195 of our rules; $250,000 for its failure to file five Telecommunications Reporting Worksheets with the Commission; $10,000 for its failure to contribute to the Telecommunications Relay Service fund, plus an upward adjustment of one-half of its unpaid contributions to that fund; $10,000 for failure to contributing to the North American Numbering Plan Administration fund; and $10,000 for failure to pay
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- FCC Rcd 17264 (2005) ("Global Teldata NAL"); InPhonic, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13277 (2005); Telecom House, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 15131 (2005); Teletronics, Inc., Notice of Apparent Liability for Forfeiture & Order, 20 FCC Rcd 13291 (2005). See para. 11, supra. 47 C.F.R. S 64.1195(a). See, e.g., id. at 17275, PP 26-27. See, e.g., id. at 17274-75, P 25. See Globcom Inc. d/b/a Globcom Global Communications, Notice of Apparent Liability for Forfeiture and Order, 18 FCC Rcd 19893 (2003), Globcom Inc., Order of Forfeiture, FCC 06-49. 47 C.F.R. S 1.80(b). See, e.g., BigZoo.com Corp., Order of Forfeiture, 20 FCC Rcd 3954 (2005); QuickLink Telecom, Inc.,
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- we cancel the $20,000 forfeiture proposed in the NAL. II. BACKGROUND 2. Blackstone is a Florida-based company that offers various services and products to the public, among them a variety of prepaid calling cards, including cards with the Blackstone label. On March 30, 2004, Bureau staff sent a letter to Blackstone requesting specific information relating to its compliance with Section 64.1195 of the Commission's rules. Section 64.1195(a) requires that a telecommunications carrier that will provide or already provides interstate telecommunications service file certain registration information with the Universal Service Administrative Company ("USAC"). Blackstone responded to the Bureau's inquiry letter by providing an unsupported statement that "Blackstone Calling Card, Inc. is not a carrier" and thus not required to comply with Section
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- Commission (the "Commission"), TELUS Communications., Inc. and TELUS Communications Company (collectively "TELUS"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against TELUS for possible violations of Sections 9, 225, 251, and 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan ("NANP") administration, regulatory fees, and carrier registration. 2. The Commission and TELUS have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the
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- "Telecommunications Reporting Worksheet" or "Worksheet"); FCC Form 499-A Instructions (2007) at 1, 3-5. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. S:S: 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Letter from Trent B. Harkrader, Deputy Chief, Investigations and
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- transmission to the facsimile number and the signed certified mail return receipt card. Telecommunications carriers must submit first a Form 499-A registration, and upon issuance of a filer identification number by USAC, must submit thereafter annual Telecommunications Reporting Worksheets for the purpose of assessing various regulatory fee program payments. See 47 C.F.R. S:S: 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195. In addition, telecommunications carriers, with certain exceptions, must file quarterly Worksheets to determine monthly universal service contributions. See 47 C.F.R. S:S: 54.706, 54.711, 54.713; FCC Form 499-Q (2007) (quarterly Worksheets). USAC is the data collection agent for FCC Form 499s. See FCC Form 499-A (2007) at 8; FCC Form 499-Q (2007). Receipt of the letter is shown by confirmation of
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- ("Presiding Judge") to determine, among other things: whether BOI had intentionally provided incorrect or misleading information to the Commission; whether BOI had engaged in unlawful "slamming" activities by changing consumers' long distance providers without authorization in violation of Section 258 of the Act and Section 64.1120(a)(1) of the Commission's rules; whether BOI failed to file registration statements required under Section 64.1195 of the Commission's rules; and whether BOI discontinued service to the public in violation of Section 214 of the Act and Section 63.71 of the Commission's rules. After the hearing was commenced, additional issues were added to determine whether BOI had properly filed Telecommunications Reporting Worksheets, and made all required contributions to the Universal Service Fund ("USF") and Telecommunications Relay
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- attached Consent Decree entered into between the Federal Communications Commission (the "Commission") and Teletronics, Inc. ("Teletronics"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Teletronics for possible violations of section 254 of the Communications Act of 1934, as amended ("the Act"), relating to universal service, and, among others, sections 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to carrier registration, revenue reporting, and contribution to certain regulatory programs. 2. The Commission and Teletronics have negotiated the terms of a Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. Based on the record before us, and in the absence of material new
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- Further Notice of Apparent Liability for Forfeiture, we both impose a forfeiture of $819,905 ("Order of Forfeiture"), and propose a new forfeiture of $100,000 ("Further Notice of Apparent Liability"), against InPhonic, Inc. ("InPhonic"). The Order of Forfeiture follows a Notice of Apparent Liability we issued on July 25, 2005. Herein we find that InPhonic willfully and repeatedly violated: (1) section 64.1195 of the Commission's rules by failing to register with the Commission until January 2005; (2) sections 54.706(a) and 64.604(c)(5)(iii)(B) of the rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") from 2002 to 2004; (3) section 254(d) of the Communications Act of 1934, as amended (the "Act"), and 54.711(a) of the rules by failing to contribute to the Universal
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- OF FORFEITURE Adopted: April 18, 2007 Released: May 3, 2007 By the Commission: I. INTRODUCTION 1. In this Order of Forfeiture, we assess a monetary forfeiture of $236,774 against Global Teldata II, LLC ("Global Teldata"). Following the Notice of Apparent Liability and Order the Commission issued on October 31, 2005, we find that Global Teldata willfully and repeatedly violated section 64.1195 of the Commission's rules by failing to register with the Commission until November 17, 2004, and section 54.711(a) of those rules by failing to submit certain Telecommunications Reporting Worksheets ("Worksheets") prior to November 17, 2004. In addition, we find that Global Teldata willfully and repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section
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- annual contributions. 6. In 2004, the Enforcement Bureau ("Bureau") sought to identify resellers of telecommunications services that failed to register as telecommunications service providers with the Commission and, thus, may also have failed to satisfy various Commission program requirements. On March 30, 2004, the Bureau's audit staff sent a letter to Carrera requesting information pertaining to Carrera's compliance with section 64.1195 of the Commission's rules. On May 4, 2004, Carrera registered and belatedly filed certain financial information that had been due April 1, 2004. After determining that Carrera apparently failed to timely register with the Commission or timely file required Worksheets, the Bureau issued a letter of inquiry ("LOI") to Carrera on July 29, 2004. Carrera did not respond within the
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- this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and WTI Communications, Inc. ("WTI"). The Consent Decree terminates an investigation by the Bureau against WTI for possible violation of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules relating to regulatory fees, the universal service fund, telecommunications relay service fund, and cost recovery mechanisms for the North American Numbering Plan administration and local number portability. 2. The Bureau and WTI have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
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- the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and CapRock Communications, Inc. ("CapRock"). The Consent Decree terminates an investigation by the Bureau against CapRock for possible violation of, among other things, section 254 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706, 54.711, and 64.1195 of the Commission's rules relating to registration, regulatory filings and the universal service fund. 2. The Bureau and CapRock have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
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- 218, and 403 of the Communications Act of 1934, as amended ("the Act"), to provide certain information and documents. In addition, the Consent Decree terminates an investigation of Unicom for possible violations of sections 9, 225, 251, and 254 of the Act, relating to universal service and other programs, and, among others, sections 1.1154, 1.1157, 52.17, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, relating to regulatory fees, the North American Numbering Plan ("NANP") cost recovery mechanism, the Universal Service Fund ("USF"), the Telecommunications Relay Service ("TRS") Fund, and carrier registration. 2. The Bureau and Unicom have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by
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- call 911 during emergency situations). See 47 C.F.R. S:S: 1.20000 - 1.20008. See id. S:S: 64.2001 - 64.2009. See id. S:S: 64.601 - 64.608. See id. S:S: 6.1 - 6.23 and S:S: 7.1 - 7.23. See id. S:S: 52.20 - 52.33 See id. S: 54.706. See id. S: 64.604. See id. S: 52.17. See id. S: 52.32. See id. S: 64.1195. Id. S:S: 0.111, 0.311 and 1.80. (Continued from previous page) (continued ...) Federal Communications Commission DA 08-1920 9 Federal Communications Commission DA 08-1920 References 1. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.pdf 2. http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.doc
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- 23, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Yukon-Waltz Communications, Inc. ("Yukon-Waltz" or "the Company"). The Consent Decree terminates an investigation by the Bureau against Yukon-Waltz for possible violations of section 214 of the Communications Act of 1934, as amended, and sections 63.18 and 64.1195 of the Commission's Rules, which require that an entity obtain an international 214 authorization prior to providing international telecommunications service and register with the Universal Service Administrative Company. 2. The Bureau and Yukon-Waltz have negotiated the terms of the Consent Decree that resolve this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After
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- LIABILITY FOR FORFEITURE Adopted: January 14, 2009 Released: January 14, 2009 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that ADMA Telecom, Inc. ("ADMA") apparently violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Commission's rules by willfully or repeatedly failing to register with the Commission, failing to make the required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, cost recovery mechanisms for the North American Numbering Plan ("NANP") administration and failing to obtain an international section 214
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- that Allcom may be providing international telecommunications service without Commission authorization. On its website, Allcom claims to provide telephone service, voicemail, conference calling, paging, and International Public Access Numbers through its Universal Office and Genie products. On July 28, 2009, the Bureau initiated an investigation into AllCom's alleged violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 63.12(d), 63.18, 64.604, and 64.1195 of the Commission's rules, and Section 214 of the Communications Act of 1934, as amended ("the Act") by issuing the LOI directing AllCom, among other things, to provide information regarding these obligations and directing Allcom to respond by August 27, 2009. The Bureau directed the LOI to Thomas Skala, the Chief Executive Officer for AllCom, based on information on the
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- requests; and that Defendants violated sections 64.1200(e)(2)(iii) and 64.1200(d)(3) of the Commission's rules, and section 227 of the Act, by failing to implement company-specific do-not-call requests within a reasonable amount of time. Complainants also allege that Verizon Communications violated sections 201, 205, 225, 227, 251, 254, 258 and 416 of the Act by failing to register in accordance with section 64.1195(c) of the Commission's rules while providing telecommunications service as a telecommunications carrier; and that Verizon New Jersey and Verizon Wireless violated section 64.1195(b)(1) of the Commission's rules, and sections 201, 205, 225, 227, 251, 254, 258, and 416 of the Act by filing false information on FCC Form 499-A while providing telecommunications service as a telecommunications carrier. 4. Complainants allege
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- Consent Decree entered into between the Enforcement Bureau ("Bureau") and ComSpan Communications Inc. f/k/a Wantel, Inc. ("ComSpan" or the "Company"). The Consent Decree terminates an investigation by the Bureau against ComSpan for possible violations of sections 9, 254(d), 225, and 251(e)(2) of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund ("USF") and Telecommunications Relay Services ("TRS") Fund; contributions to cost-recovery mechanisms for North American Numbering Plan ("NANP") and Local Number Portability ("LNP") administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). The
- http://www.fcc.gov/eb/Orders/2010/DA-10-912A1.html
- TransAria, Inc. 7330 Shedhorn Drive Bozeman, MT 59718 Re: File No. EB-08-IH-1161 Dear Mr. Tarbert: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.708, 54.711, 64.604 and 64.1195 of the Commission's rules, and failing to comply with section 9.5(e)(3), one of the Commission's rules relating to the provision of E911 capabilities to its customers. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated July 30, 2008, the Investigations and Hearings
- http://www.fcc.gov/eb/Orders/2010/DA-10-913A1.html
- Vocalocity, Inc. 600 Virginia Avenue, NE Atlanta, GA 30306 RE: File No. EB-08-IH-1151 Dear Mr. Jerkunica: This letter is an official CITATION, issued pursuant to section 503(b)(5) of the Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5) for failure to make certain regulatory filings and associated payments in violation of sections 52.17, 52.32, 54.706, 54.711, 64.604 and 64.1195 of the Commission's rules. As explained below, future violations of the Commission's rules and requirements in this regard may subject your company to monetary forfeitures. By letter of inquiry ("LOI") dated May 21, 2008, the Investigations and Hearings Division of the Commission's Enforcement Bureau ("the Division") initiated an investigation into whether Vocalocity, Inc. ("Vocalocity") violated the Commission's rules and orders
- http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
- a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to Globalcom, Inc., Raymond Hexamer, Chief Executive Officer, 3340 West Market St., Akron, OH 44333. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(a) and 54.711(a). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195. See also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
- http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
- that a copy of this NOTICE OF APPARENT LIABILITY FOR FORFEITURE shall be sent by certified mail, return receipt requested, to NTS Communications, Inc., Barbara Baldwin, Chief Executive Officer, 5307 W. Loop 289, Lubbock, TX 79414. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(a). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195. See also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). Contributions are based on a contributor's projected revenues, and individual universal service contribution amounts that are based upon quarterly filings are subject to an annual true-up. Id.; 47 C.F.R.
- http://www.fcc.gov/eb/Orders/2011/DA-11-666A1.html
- April 14, 2011 Released: April 14, 2011 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Allegiance Communications, LLC ("Allegiance" or the "Company"). The Consent Decree terminates an investigation by the Bureau against Allegiance for possible violations of sections 1.1157, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules, concerning the payment of annual regulatory fees; contributions to the Universal Service Fund ("USF") and Telecommunications Relay Services ("TRS") Fund; contributions to cost-recovery mechanisms for North American Numbering Plan ("NANP") and Local Number Portability ("LNP") administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). 2.
- http://www.fcc.gov/eb/Orders/2011/DA-11-802A1.html
- failure to file a hearing aid compatibility status report as a continuing violation), response pending. See ADMA Telecom, Inc., File No. EB-06-IH-2110, Forfeiture Order, FCC 11-42, at 4, para. 8 (rel. Mar. 10, 2010) ("ADMA's failure to register was a continuing violation that began on the day ADMA started providing interstate telecommunications service without having registered in accordance with section 64.1195(a) and continued until it filed its first Form 499 on August 1, 2006."); Telrite Corp., Notice of Apparent Liability for Forfeiture and Order, 23 FCC Rcd 7231, 7244, para. 30 (2008) (construing the carrier's failures to file Telecommunications Reporting Worksheets as "continuing violations for which the statute of limitations for forfeiture does not begin to run until the violation is
- http://www.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
- 2011 Released: March 10, 2011 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, we assess a monetary forfeiture of $662,541 against ADMA Telecom, Inc. ("ADMA"). We find that ADMA willfully and repeatedly violated sections 214, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1157, 52.17(a), 54.706(a), 54.711(a), 63.18, 64.604(c)(5)(iii)(A)-(B), and 64.1195 of the Federal Communications Commission's (the "Commission's" or "FCC's") rules by (1) failing to register with the Commission, (2) failing to make required regulatory filings, (3) failing to obtain an international section 214 authorization, and (4) failing to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, and cost recovery mechanisms for the North
- http://www.fcc.gov/eb/Orders/2012/DA-12-267A1.html
- Order, we adopt a Consent Decree entered into between the Enforcement Bureau (Bureau) and Bay Springs Communications, Inc. (BSCI). The Consent Decree terminates an investigation by the Bureau against BSCI for possible violations of Sections 9(a)(1), 225, 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157, 43.61, 52.17, 52.32, 54.706, 54.711, 64.604, and 64.1195 of the Commission's rules (Rules) concerning various regulatory fee and reporting obligations as well as required contributions to the Universal Service Fund, the Telecommunications Relay Service Fund, and the North American Numbering Plan and Local Number Portability administration. The Consent Decree also terminates an investigation by the Bureau into possible violations of Section 222 of the Act, Section 64.2009(e) of
- http://www.fcc.gov/eb/Orders/2012/DA-12-8A1.html
- Bureau: 1. In this Order, we adopt the attached Consent Decree entered between the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and StanaCard, LLC (StanaCard). The Consent Decree terminates an investigation by the Bureau against StanaCard for possible violations of Sections 214 and 225 of the Communications Act of 1934, as amended (Act) and Sections 63.18, 64.604(c)(5)(iii)(A), and 64.1195(a) of the Commission's rules (Rules) concerning authorization to provide facilities-based and resold international common carrier communications services, contributions to the Telecommunications Relay Services Fund, and registration with the Commission. 2. A copy of the Consent Decree negotiated by the Bureau and StanaCard is attached hereto and incorporated herein by reference. 3. After reviewing the terms of the Consent Decree and
- http://www.fcc.gov/eb/Orders/2012/FCC-12-38A1.html
- APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: April 13, 2012 Released: April 16, 2012 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture and Order (NAL), we find that RB Communications, Inc., d/b/a Starfone, apparently violated Section 214 of the Communications Act of 1934, as amended (the "Act"), and Sections 1.1154, 1.1157(b)(1), 63.18, 64.604(c)(5)(iii)(A), and 64.1195 of the Commission's rules, by willfully and repeatedly failing to: (1) apply for and obtain authorization from the Commission to provide international telecommunications service; (2) register with the Commission; (3) contribute to the Telecommunications Relay Service (TRS) Fund; and (4) pay regulatory fees to the Commission. Based on our review of the facts and circumstances surrounding this matter, and for
- http://www.fcc.gov/eb/Orders/2012/FCC-12-62A1.html
- Marlene H. Dortch Secretary 47 U.S.C. S: 254(d); 47 C.F.R. S: 54.706. 47 C.F.R. S: 54.711(a). Form 499-Q is also known as the Quarterly Telecommunications Reporting Worksheet or Quarterly Worksheet. 47 U.S.C. S: 251(e)(2); 47 C.F.R. S: 52.17. 47 U.S.C. S: 251(e)(2); 47 C.F.R. S: 52.32(a). 47 C.F.R. S:S: 1.1154, 1.1157(b)(1). 47 U.S.C. S: 254(d). 47 C.F.R. S:S: 54.706(b), 54.711, 64.1195; see also 47 U.S.C. S: 254(d) ("Any other provider of interstate telecommunications may be required to contribute to the preservation and advancement of universal service if the public interest so requires."). 47 C.F.R. S: 54.701(a). See id. S:S: 54.709(a), 54.713(b). The monthly bills are subject to an annual true-up based on the actual revenues that contributors report on FCC Form
- http://www.fcc.gov/eb/Public_Notices/DA-04-437A2.html
- in lack of candor (Issue a); to determine whether BOI had changed consumers' preferred carrier without their authorization in willful or repeated violation of 258 of the Communications Act of 1934, as amended (the ``Act'') and 64.1100-1190 of the Commission's rules (Issue b); to determine whether BOI had failed to file FCC Form 499-A in willful or repeated violation of 64.1195 of the Commission's rules (Issue c); to determine whether BOI had discontinued service without Commission authorization in willful or repeated violation of 214 of the Act and 63.71 and 63.505 of the Commission's rules (Issue d); to determine whether BOI's authorization pursuant to 214 of the Act to operate as a common carrier should be revoked (Issue e); and to
- http://www.fcc.gov/slamming/part64.pdf
- confirm appropriate verification data (e.g., the subscriber's date of birth or social se- curity number) and the information re- quired in 64.1190(d)(3)(ii)(A) through (D). Telecommunications carriers electing to confirm preferred carrier freeze orders electronically shall estab- lish one or more toll-free telephone VerDate 0ct<09>2002 01:11 Oct 24, 2002Jkt 197190PO 00000Frm 00275Fmt 8010Sfmt 8010Y:\SGML\197190T.XXX197190T 276 47 CFR Ch. I (10102 Edition) 64.1195 numbers exclusively for that purpose. Calls to the number(s) will connect a subscriber to a voice response unit, or similar mechanism that records the re- quired information regarding the pre- ferred carrier freeze request, including automatically recording the origi- nating automatic numbering identi- fication; or (iii) An appropriately qualified inde- pendent third party has obtained the subscriber's oral authorization to
- http://www.fcc.gov/wcb/filing.html
- Numbering Resource Utilization/Forecast (NRUF) * [29]Section 1.47(h) Designation of Agent for Service of Process * [30]Section 1.8001 Commission Registration System (CORES) * [31]Automated Reporting Management Information System (ARMIS) [ARMIS Reports 43-01 through 43-08 and ARMIS Reports 495-A and 495-B.] * [32]Section 43.21(c) Letter [Formerly Form P.] * [33]Interstate Service Tariff * [34]Section 64.709 Interstate Service INFORMATIONAL Tariff Requirement * [35]Section 64.1195 Carrier Registration Requirement * [36]Section 64.1900 Geographic Rate Averaging Certification * [37]Section 64.2009 Annual CPNI Compliance Certification * [38]Section 64.2105 Creation and Filing of System Security and Integrity Manuals as required by the Communications Assistance for Law Enforcement Act (CALEA) * [39]Section 64.5001 Quarterly PIU Reporting and Certification * [40]Regulatory Fees [41]Additional Requirements that Apply to International Service Providers *