FCC Web Documents citing 54.706

as compiled by hallikainen.com/FccRules on 2012 06 01

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  • in connection with replacing local private line services provisioned under tariff by AT&T prior to the advent of effective special access tariffs). See Universal Service Order, 12 FCC Rcd at 9175, � 780; 9355-56 at Appendix I (stating that private line services qualify as ``telecommunications'' and adopting rules providing for universal service contributions by interstate telecommunications carriers); 47 C.F.R. � 54.706(a) (stating that entities that provide ``interstate telecommunications'' - including ``private line service'' - to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered ``telecommunications carriers'' providing interstate telecommunications services and must contribute to the universal service support mechanisms.). In its August 19, 2005 Letter explaining its reasons
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  • Inc., 921 Eastwind Drive, Suite 104, Westerville, Ohio 43081. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief Enforcement Bureau 47 C.F.R. � 54.711(a). 47 U.S.C. �� 154(i), 154(j), 218, 403. The Telecommunications Act of 1996 amended the Communications Act of 1934, see Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. See 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.''); Universal Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21
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  • of the Federal Communications 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
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  • Form 499-A (2007) (annual ``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,
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  • confirmation of the facsimile 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1178A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1178A1.pdf
  • the Enforcement Bureau: In 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
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  • June 10, 2008 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,
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  • to sections 4(i), 4(j), 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
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  • �13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to 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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  • Enforcement Bureau (the ``Bureau'') and Cincinnati Bell, Inc., Cincinnati Bell Telephone Company and Cincinnati Bell Extended Territories, Inc. (``Cincinnati Bell''). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Cincinnati Bell for possible violations of sections 9(a)(1), 225(b)(1) and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1151, 1.1154, 1.1157(b)(1), 52.17, 52.32, 54.706, 54.711, 54.713, and 64.604 of the Commission's Rules, relating to universal service, and certain Rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan Administration (``NANPA''), Local Number Portability (``LNP'') and regulatory fees. The Bureau and Cincinnati Bell have negotiated the terms of the Consent Decree that resolve this matter. A copy of the
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  • the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Supra Telecommunications & Information Systems , Inc. f/k/a Supra Telecommunications & Information Systems Acquisitions Corp. (``Supra''). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Supra for possible violations of section 254 of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules, relating to universal service. The Bureau and Supra 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 the public interest would be served
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  • 31, 2009 Released: March 31, 2009 By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Inmate Telephone, Inc. (``Inmate''). The Consent Decree terminates an investigation by the Bureau against Inmate for possible violations of section 254 of the Communications Act of 1934, as amended (the ``Act'') and sections 54.706 and 54.711 of the Commission's rules relating to reporting and contribution requirements for the universal service fund (``USF''). The Bureau and Inmate 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
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  • contribution and other related rules and 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
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  • 0013838701 Adopted: March 18, 2010 Released: March 18, 2010 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Comtel Telcom Assets LP (``Comtel''). The Consent Decree terminates an investigation by the Bureau of Comtel's compliance with Section 254(d) of the Communications Act of 1934, as amended, and section 54.706 of the Commission's Rules, relating to payment of Universal Service Fund contributions. The Bureau and Comtel have negotiated the terms of the Consent Decree that resolve this investigation. 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 the public
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  • NAL/Acct. No. 201032080017 FRN No. 0013838701 CONSENT DECREE The Enforcement Bureau of the Federal Communications Commission and Comtel Telcom Assets LP (``Comtel''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of resolving the Enforcement Bureau's investigation of compliance by Comtel with Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute fully and timely to the Universal Service Fund (USF''). I. DEFINITIONS For purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' means an order of the Bureau adopting this Consent Decree
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  • Best Phone's Petition for Reconsideration of Forfeiture Order (dated June 18, 2008) (``Petition for Reconsideration''). Local Phone Services, Inc., Order of Forfeiture Order, 23 FCC Rcd 8952 (2008) (``Forfeiture Order''). The Forfeiture Order imposed a monetary forfeiture for LPSI's willful and repeated violations of Section 254(d) of the Communications Act of 1934, as amended, 47 U.S.C. � 254(d), and Sections 54.706(a) and 54.711(a) of the Commission's Rules, 47 C.F.R. �� 54.706(a), 54.711(a). The noted violations involved LPSI's failure to timely submit certain Telecommunications Reporting Worksheets and LPSI's failure to timely contribute to the Universal Service Fund. The granting of LPSI's request herein does not affect the validity of the Forfeiture Order. Cancellation of the Certificate of Convenience and Authority Previously Granted
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  • we adopt the attached 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
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  • No. 201132080025 FRN 0010267862 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
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  • Enforcement Bureau: In this 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
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  • the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Telrite Corporation (Telrite). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (NAL) by the Commission against Telrite for possible violations of Sections 9(a)(1), 225(b)(1), 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157(b)(1), 52.17(a), 52.17(b), 52.32(a), 52.32(b), 54.706, 54.711, 64.604(c)(5)(iii)(A), and 64.604(c)(5)(iii)(B) of the Commission's rules concerning the payment of annual regulatory fees; contributions to the Universal Service Fund and Telecommunications Relay Services Fund; contributions to cost-recovery mechanisms for North American Numbering Plan and Local Number Portability administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). A
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  • entered into between the Federal Communications Commission (the ``Commission'') and Verizon Business Global LLC f/k/a MCI, LLC (``Verizon''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against MCI, Inc. (``MCI'') 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, and 64.604 of the Commission's rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan Administration (``NANPA''), and regulatory fees. The Commission and Verizon 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
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  • terms of the Consent Decree and in willful and repeated violation of Section 63.71 of the Commission's rules. 12. The Consent Decree, at paragraph 14(f), required the Kintzel brothers to make all federal universal service contributions by the due date specified in each invoice sent by the USAC. The requirement to pay universal service contributions is also codified in Section 54.706 of the Commission's rules and is critical to maintaining the vitality of the universal service fund and guaranteeing the continued availability of funds. The information before the Commission indicates that one of the Kintzel brothers' companies, Buzz, apparently failed to make 22 required universal service contributions. The Kintzel brothers' apparent utter disregard for their universal service obligations is flatly inconsistent
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  • Order, we adopt the 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
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  • 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 Service Fund (``USF''); and (4) section 64.604(c)(5)(iii)(A) of the rules by failing to contribute to the Telecommunications
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  • 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 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund (``USF'') in 2004 and early 2005. BACKGROUND A. Obligations to Register, File Periodic Revenue Information, and Contribute to the USF The facts and circumstances surrounding this case are set forth in the NAL, and need not be reiterated here at length. Global Teldata began operations on April
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  • then issue a forfeiture if it finds by a preponderance of the evidence that the person has willfully or repeatedly violated the Act or a Commission order or rule. We find by a preponderance of the evidence, as discussed in detail in the Carrera NAL and herein, that Carrera has violated section 254(d) of the Act and sections 54.711(a), 64.604(c)(5)(iii), 54.706(a), 1.1154, and 1.1157(b)(1) of the Commission's rules. Specifically, we find based on a preponderance of the evidence that Carrera: (1) willfully and repeatedly failed to file Worksheets and predecessor forms; (2) willfully and repeatedly failed to make requisite contributions toward the Universal Service and TRS Funds; (3) willfully and repeatedly failed to pay regulatory fees to the Commission; and (4)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.pdf
  • Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find Telrite Corporation (``Telrite'') apparently violated sections 52.17(b), 52.32(b), 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by willfully or repeatedly filing inaccurate Telecommunications Reporting Worksheets (``Worksheets'') that grossly under-reported its interstate revenue. Telrite also apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706 and 54.711 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund (``USF''); section 225(b)(1) of the Act and section 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully to the Telecommunications Relay Services Fund (``TRS Fund''); section 251(e)(2) of the Act and section 52.17(a) of the Commission's rules
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  • follows a Notice of Apparent Liability for Forfeiture issued on August 29, 2006. Herein we find that LPSI willfully or repeatedly violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets. We also find that LPSI willfully or repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by failing to timely contribute to the Universal Service Fund (``USF'' or the ``Fund''). LPSI's failure to pay Congressionally-mandated USF contributions strikes at the core of the Commission's mission to promote access to affordable, quality telecommunications services for all Americans. In section 254 of the Act, Congress codified the historical commitment to universal service for consumers
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') by the Commission against BCE for possible violations of sections 9, 214, and 254 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. �� 159, 214, 254, sections 34-39 of the Cable Landing Act, 47 U.S.C. �� 34-39, Executive Order No. 10530, and sections 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11 of the Commission's rules, 47 C.F.R. �� 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11, regarding violation of the universal service reporting and contribution requirements, as well as international reporting and fee payment requirements. The Commission and BCE have negotiated the terms of the Consent Decree that resolve this matter. A copy of the
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  • 0003-7330-78 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that various subsidiaries of Global Crossing North America, Inc. (``Global Crossing'') apparently violated sections 254(d) and 225 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. Based on our review of the facts and circumstances surrounding these apparent violations, and for the reasons discussed below, we find that the Global Crossing Companies are apparently liable for forfeitures totaling
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  • 0009690256 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Compass Global, Inc. (``Compass'') apparently violated sections 9, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1154, 1.1157, 52.17(a), 52.32(a), 54.706(a), and 64.604(c)(5)(iii)(A) of the Commission's rules, by willfully or repeatedly failing to make the required regulatory payments as well as to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for the North American Numbering Plan (``NANP'') administration and Local Number Portability (``LNP''). Based on our review of the facts
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  • this case, and thus the precise amount of any damages due will be calculated in a separate proceeding. We note, moreover, that if Farmers had been providing interstate end-user telecommunications services to Qwest or the conference calling companies, then Farmers should have timely reported revenues from those end-user services and paid universal service contributions based on them. 47 C.F.R. � 54.706. [Redacted confidential information regarding Farmers' Form 499 filings.] As Qwest points out, in a factually similar case involving calls to a chat line, the Commission held that a sham arrangement ``designed solely to extract inflated access charges from IXC's'' constituted an unreasonable practice in connection with access service that violated section 201(b) of the Act. Total Telecomms. Servs., Inc., and
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  • 200932080022 FRN No. 0015301732 NOTICE 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.pdf
  • $10,000 is not required to contribute to the USF. See supra n. 23. Any entity required to contribute to the USF whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues may contribute based only on the entity's projected collected interstate end-user telecommunications revenues. 47 C.F.R. � 54.706(c). Because Omniat characterizes itself primarily as an ``international long distance provider'' providing the ability to ``[c]all from anywhere in the world, to anywhere in the world,'' we do not, at this time, have the revenue information needed to determine whether Omniat has had sufficient interstate and international revenue to be liable for USF contributions since 2003. See Omniat home page,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-55A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-55A1.pdf
  • this Order, we adopt the attached Consent Decree between the Federal Communications Commission (``Commission'') and Global Crossing (as defined below). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (``NAL'') by the Commission against Global Crossing for apparent violations of sections 254(d) and 225 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. The Commission and Global Crossing 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
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  • ) File No. EB-09-IH-1176 NAL/Acct. No. 201032080022 FRN No. 0004325320 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2010 Released: March 30, 2010 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Globalcom, Inc. (``Globalcom''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 54.711(a) of the Commission's rules, by willfully or repeatedly failing to make required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund (``USF''). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that Globalcom is apparently liable for a total forfeiture
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  • File No. EB-09-IH-1219 NAL/Acct. No. 201032080024 FRN No. 0004266938 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 4, 2010 Released: May 6, 2010 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that NTS Communications, Inc. (``NTS''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules, by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF''). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that NTS is apparently liable for a total forfeiture of $284,250. We find this significant forfeiture is warranted based on
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  • 0015301732 FORFEITURE ORDER Adopted: March 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
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  • In the Matter of ) File No. EB 00-IH-0241 ) TRS Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 FORFEITURE ORDER Adopted: April 19, 2001 Released: April 20, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order, we find that Advanced Telecom. Network, Inc. (``Advanced'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that Advanced is liable for a forfeiture in the amount of forty-six thousand seven hundred dollars ($46,700), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 2, 2001, the Commission, by the Chief, Enforcement Bureau, acting pursuant
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  • ) File No. EB 00-IH-0054 ) TRS Company Code: 815576 North American Telephone Network, LLC ) NAL/Acct. No. x32080026 FORFEITURE ORDER Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we find that North American Telephone Network, LLC (``NATN'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering NATN's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that NATN is liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000), the amount
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  • Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Advanced Telecom. Network, Inc. (``Advanced'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Advanced is apparently liable for a forfeiture in the amount of $46,700. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
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  • as corrected by Federal-State Joint Board on Universal Service, Erratum, CC Docket No. 96-45, FCC 97-157 (rel. June 4, 1997) aff'd in part, rev'd in part, remanded in part sub nom. Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) cert. denied 2000 WL 684656 (U.S. Sup. Ct. May 30, 2000). See 47 C.F.R. � 54.706(d); see also Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5475 para. 283 (1997). BT Request at
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WJG MariTEL Corporation Petition for Waiver of Section 54.706 of the Commission's Rules and Regulations ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 ORDER Adopted: April 5, 2002 Released: April 8, 2002 By the Chief, Telecommunications Access Policy Division: On April 27, 1999, WJG MariTEL Corporation (MariTEL) filed the above-captioned Petition for Waiver of section 54.706 of the Commission's rules. On April 24, 2000,
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  • 200432080300 FRN Nos. 0004-5555-95, 0007-4521-54, and 0005-0870-20 ORDER Adopted: September 22, 2004 Released: September 23, 2004 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation into possible violations by Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively, ``ICC Entities'') of sections 52.17, 54.706, and 64.604 of the Commission's rules (``Rules''), 47 C.F.R. ��52.17, 54.706 and 64.604, in connection with the Universal Service Fund (``USF''), Telecommunications Relay Services (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund contribution requirements. The Bureau and Innovative Communications Corporation (``ICC''), the holding company of the ICC Entities, have negotiated the terms of a Consent Decree that
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  • (the ``Bureau'') of the Federal Communications Commission (``FCC'' or ``Commission'') and Innovative Communications Corporation (``ICC''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively ``ICC Entities'') violated Sections 52.17, 54.706(a), and 64.604 of the Commission's rules, 47 C.F.R. �� 52.17, 54.706(a), and 64.604, requiring carriers providing interstate telecommunications services to contribute to the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund. For purposes of this Consent Decree, the following definitions shall apply: (a) The ``Act'' means the Communications Act
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  • ) ) ) ) ) File No. EB-04-IH-0157 Acct. No. 200432080185 FRN No. 0003-7204-71 ORDER Adopted: September 10, 2004 Released: September 13, 2004 By the Chief, Enforcement Bureau: The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by New Edge Network, Inc. (``New Edge'') of section 254 of the Communications Act of 1934, as amended, and sections 54.706, 54.711, 54.713, and related provisions of the Commission's rules in connection with the universal service support mechanism reporting and contribution requirements. The Bureau and New Edge have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. We have reviewed the terms of the
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  • circumstances necessary to justify grant of a waiver. The Commission, in the rulemaking proceeding that implemented the statutory contribution requirement, considered and rejected the proposition that revenue from the provision of international telecommunications service should be excluded. Moreover, during the time since these petitions for waiver were filed, the Commission has reexamined this requirement. In 1998, the Commission enacted section 54.706 of its rules, which requires in part that ``[a]ny entity required to contribute to the federal universal service support mechanisms whose interstate end-user telecommunications revenues comprise less than 8 percent of its combined interstate and international end-user telecommunications revenues shall contribute to the federal universal service support mechanisms . . . based only on such entity's interstate end-user telecommunications revenues.''
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  • EB-04-IH-0016 Acct. No. 200432080303 FRN No. 0004-3651-44 ORDER Adopted: September 23, 2004 Released: September 24, 2004 By the Chief, Enforcement Bureau: The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by Manhattan Telecommunications Corporation, a wholly owned subsidiary of Metropolitan Telecommunications Holding Company (``Company''), of section 254 of the Communications Act of 1934, as amended, and sections 54.706 and 64.604 and related provisions of the Commission's rules concerning reporting and contribution requirements for the universal service and telecommunications relay service funds. The Bureau and Company have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. We have reviewed the terms of
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  • of TON Services, Inc. ) ) ) ) ) File No. EB-04-IH-0142 Acct. No. 200532080008 FRN No. 0005-0237-26 ORDER Adopted: October 27, 2004 Released: October 28, 2004 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation into possible violations by TON Services, Inc. (``TON'') of section 254 of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, 47 U.S.C. � 254, 47 C.F.R. �� 52.17, 54.706, 54.711, 54.713 and 64.604, relating to obligations of carriers to make payments into the Universal Service Fund and Telecommunications Relay Service Fund. The Enforcement Bureau (``Bureau'') and TON have negotiated the terms of the Consent Decree. A copy of the Consent Decree is
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  • 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 of 1990, Administration of the North American Numbering Plan and
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  • telephone number associated with the destination they wish to reach. In October 2004, the Universal Service Administrative Company referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the Universal Service Fund (``USF''). Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, which requires entities that provide interstate telecommunications to the public to contribute to USF. The Bureau sent the LOI to BigZoo by certified mail/return receipt requested, by email, and by facsimile. The LOI directed BigZoo to provide certain specified documents and information within twenty calendar days of the date of the letter, i.e., by November 4,
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  • 18 F.C.C. Rcd at 6894-95 (� 39). By Memorandum Opinion and Order, FCC 03M-33, released August 20, 2003 (``MO&O''), additional issues were specified to determine whether BOI and its related entities, Buzz Telecom Corp. (``Buzz''), U.S. Bell and/or Link Technologies (collectively, ``U.S. Bell'') failed to make required universal service contributions in violation of � 254(d) of the Act and � 54.706 of the Commission's rules (Issue g); to determine whether BOI, Buzz and/or U.S. Bell had failed to make required contributions to the Telecommunications Relay Services Fund in violation of � 64.604(c)(5)(iii)(A) of the Commission's rules (Issue h); and to determine whether BOI, Buzz and/or U.S. Bell failed to file Telecommunications Reporting Worksheets (``Worksheets'') in violation of �� 54.711, 54.713 and
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  • to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. ��
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  • Federal Communications Commission Washington, D.C. 20554 In the Matter of WestCom Corporation ) ) ) ) ) File No. EB-03-IH-0366 Acct. No. 200432080021 FRN No. 0009-6760-99 ORDER Adopted: March 12, 2004 Released: March 16, 2004 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation into possible violations by WestCom Corporation (``WestCom'') of sections 54.706, 54.711, 54.713, and related provisions of the Commission's rules (``Rules''), 47 C.F.R. �� 54.706, 54.711 and 54.713, in connection with the universal service support mechanism reporting and contribution requirements. The Enforcement Bureau (``Bureau'') and WestCom have negotiated the terms of the Consent Decree. A copy of the Consent Decree is attached hereto and incorporated by reference. We have reviewed the
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  • complaints that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's
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  • 2004 applications was February 4, 2004. See SLD website, . Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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  • School District 750, to Federal Communications Commission, filed November 22, 2004 (Request for Waiver). 47 C.F.R. � 1.3. Id. The deadline for Funding Year 2004 applications was February 4, 2004. See SLD website, . 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para.
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  • on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-158897, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 18435 (Com. Car. Bur. 2001). 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange
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  • Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Brother Larry Lavallee, Corpus Christi Church and School, to Federal Communications Commission, filed March 2, 2005 (Request for Waiver). 47 C.F.R. � 1.3. >. 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para.
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  • Greenport Public Schools, to Federal Communications Commission, filed October 29, 2003 (Request for Waiver). 47 C.F.R. � 1.3. Id. The deadline for Funding Year 2002 applications was January 17, 2002. See SLD website, . 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange
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  • Cir. 1990). See Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Com. Car. Bur. 2001). See also Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See Request for Review by Anderson School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc.,
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  • (D.C. Cir. 1990). See, e.g., Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Acc. Pol. Div. 2001); Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association,
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  • Robinson Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Nancy Miller, Worth School District 127, to Federal Communications Commission, filed February 24, 2005 (Request for Waiver). 47 C.F.R. � 1.3. >. 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para.
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  • Board of Education, to Federal Communications Commission, filed June 7, 2004 (Request for Waiver). 47 C.F.R. � 1.3. Id. The deadline for Funding Year 2003 applications was February 6, 2003. See SLD website, . 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para.
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  • action concerning its failure to contribute to the universal service fund (``USF'') and its failure to file Telecommunications Reporting Worksheets. According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. Following USAC's referral, the Bureau sent QuickLink a Letter of Inquiry (``LOI'') to obtain information concerning whether the company violated section 54.706 of the Commission's rules, involving the requirement to contribute to USF. The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email. The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
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  • as the Commission's Lifeline program for low-income consumers. These rule changes became effective on a prospective basis, beginning November 1, 1999. ORDERING CLAUSE Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 5(c), 201, 202, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 155(c), 201, 202, and 254, and sections 0.91, 0.291, 1.106, 54.706, 54.722 of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.106, 54.706, and 54.722, that BellSouth Corporation's Petition for Reconsideration and Clarification of the Commission's Fifth Circuit Remand Order IS GRANTED, IN PART, to the extent provided herein. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Navin Chief, Wireline Competition Bureau Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th
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  • its failure to contribute to the Universal Service Fund (``USF'') and its failure to file Telecommunications Reporting Worksheets as required by Commission rules. According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. Following USAC's referral, the Bureau sent QuickLink the LOI to obtain information concerning whether the company violated section 54.706 of the Commission's rules, involving the requirement to contribute to USF. The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email. The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
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  • The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Locus for possible violations of the universal service reporting and contribution requirements of section 254 of the Communications Act of 1934, as amended (``the Act'') and certain Commission rules relating to universal service, the Telecommunications Relay Service Fund and the North American Numbering Plan Administration, sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules. The Enforcement Bureau and Locus 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 relating to this matter, we conclude that
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  • Bureau: In this Order, 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
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  • and circumstances surrounding this case are set forth in the Notice of Apparent Liability for Forfeiture issued by the Bureau in December 2004, and need not be reiterated at length here. BigZoo sells prepaid long distance phone service, and is therefore a telecommunications carrier providing interstate service that is required to contribute to the Universal Service Fund (``USF'') under section 54.706 of the Commission's rules. In October 2004, the Universal Service Administrative Company (``USAC'') referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the USF. Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, and directed BigZoo
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  • this Order, we adopt 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
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  • adopting the terms of 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)
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  • of the Commission's investigation. 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
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  • the attached Consent Decree 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
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  • Order, we adopt the 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
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  • 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 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
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  • filed). See Mescalero Order, 20 FCC Rcd 5848 (upholding a Bureau-level decision denying an Request for Review as untimely filed). See also Request for Waiver by Stephen-Argyle Central School District, Stephen, Minnesota, File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Com. Car. Bur. 2001); Petitions for Waiver or Reconsideration of Sections 54.706, 54.709 and/or 54.711 of the Commission's Rules, CC Docket 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para. 28 (1999). But see Request for Waiver filed by Greenfield Public School District, Shutesbury, Massachusetts, CC Docket No. 02-6, Order, DA 06-487 (Wireline Comp. Bur. rel. Feb. 28, 2006) (the Bureau granted a waiver request
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  • at 1-2. See also Letter of Appeal at 1-2. 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. Northeast Cellular, 897 F.2d at 1166. See, e.g., Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd. 20769, 20783, para. 28 (1999); Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-368262, 82100, 382102, 382121, 356136, 358015, 352661, 385183,
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  • dismissed, 531 U.S. 975 (2000). The Commission also requires certain other providers of telecommunications to contribute to the Fund. See, e.g., Universal Service Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006). Id.; see also 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. Id. at 9207, para. 846. Id. 47 C.F.R. � 54.708. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd. 1679, 1685, para. 15 (1999). 47
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  • 18, 2004) (Howe Affidavit). Administrator's Decision on Contributor Appeal, March 5, 2004 (Administrator's Decision). Request for Review at 1. 47 U.S.C. � 254(d). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9179, para. 787 (1997) (Universal Service First Report and Order) (subsequent history omitted). Id.; see also 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 97-21, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). The Commission adopted the Worksheet and attached it as Appendix C to the Second Order on
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  • See, e.g., Universal Service Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (requiring interconnected Voice over internet protocol providers to contribute to the Fund because they are providers of interstate telecommunications). Id.; see also 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. Id. at 9207, para. 846. Id. 47 C.F.R. � 54.708. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd. 1679, 1685, para. 15 (1999). 47
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  • in connection with replacing local private line services provisioned under tariff by AT&T prior to the advent of effective special access tariffs). See Universal Service Order, 12 FCC Rcd at 9175, � 780; 9355-56 at Appendix I (stating that private line services qualify as ``telecommunications'' and adopting rules providing for universal service contributions by interstate telecommunications carriers); 47 C.F.R. � 54.706(a) (stating that entities that provide ``interstate telecommunications'' - including ``private line service'' - to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered ``telecommunications carriers'' providing interstate telecommunications services and must contribute to the universal service support mechanisms.). In its August 19, 2005 Letter explaining its reasons
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  • that Radiant has isolated the revenues associated with its information services, it is not required to contribute to universal service based on those revenues. See, e.g., id. at para. 22. (2005) (noting Radiant's approval to offer telecommunications service in Tennessee in 2003). AT&T Declaratory Ruling, 19 FCC Rcd at 7463, para. 10. Id. at 7471, para. 20. 47 C.F.R. � 54.706. See 47 C.F.R. 54.713. Federal Communications Commission DA 07-2922 Federal Communications Commission DA 07-2922 ( � �@��� W c f " � � � � h � � � � � * � 0 0 ( 5
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  • Inc., 921 Eastwind Drive, Suite 104, Westerville, Ohio 43081. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief Enforcement Bureau 47 C.F.R. � 54.711(a). 47 U.S.C. �� 154(i), 154(j), 218, 403. The Telecommunications Act of 1996 amended the Communications Act of 1934, see Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. See 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.''); Universal Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21
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  • of the Federal Communications 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
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  • Form 499-A (2007) (annual ``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,
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  • confirmation of the facsimile 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
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  • requirement to pay regulatory fees. See 47 C.F.R. � 54.708. In this Public Notice, the term ``telecommunications providers'' includes ``telecommunications carriers'' as well as certain other providers of ``telecommunications,'' such as payphone providers that are aggregators, providers of interstate telecommunications for a fee on a non-common carrier basis, and interconnected Voice 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
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  • the Enforcement Bureau: In 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
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  • June 10, 2008 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,
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  • to sections 4(i), 4(j), 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
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  • �13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to 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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  • L.P., and MultiTechnology Services, L.P., Request for Review of Pan Am Wireless, Inc., and Request for Review of USA Global Link, Inc., WC Docket No. 06-122, CC Docket Nos. 96-45 and 96-262, Order on Reconsideration, 23 FCC Rcd 6221 (2008). Certain government entities, broadcasters, schools, libraries, system integrators, and self-providers are also exempt from the contribution requirement. 47 C.F.R. � 54.706(d). Unless a carrier meets one of the exemptions, however, it must contribute to the universal service fund. See Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 777; see also 47 U.S.C. �� 153(22), 153(43), 153(44), 153(46). See Universal Service First Report and Order, 12 FCC Rcd at 9178, para. 786. Id. Id. Id. (last visited Apr.
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  • Enforcement Bureau (the ``Bureau'') and Cincinnati Bell, Inc., Cincinnati Bell Telephone Company and Cincinnati Bell Extended Territories, Inc. (``Cincinnati Bell''). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Cincinnati Bell for possible violations of sections 9(a)(1), 225(b)(1) and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1151, 1.1154, 1.1157(b)(1), 52.17, 52.32, 54.706, 54.711, 54.713, and 64.604 of the Commission's Rules, relating to universal service, and certain Rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan Administration (``NANPA''), Local Number Portability (``LNP'') and regulatory fees. The Bureau and Cincinnati Bell have negotiated the terms of the Consent Decree that resolve this matter. A copy of the
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  • the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Supra Telecommunications & Information Systems , Inc. f/k/a Supra Telecommunications & Information Systems Acquisitions Corp. (``Supra''). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Supra for possible violations of section 254 of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules, relating to universal service. The Bureau and Supra 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 the public interest would be served
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  • for the universal service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Number and Title: 54.701 Administrator of universal service support mechanisms. 54.702 Administrator's functions and responsibilities. 54.703 The Administrator's Board of Directors. 54.704 The Administrator's Chief Executive Officer. 54.705 Committees of the Administrator's Board of Directors. 54.706 Contributions. 54.708 De minimis exemption. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. 54.715 Administrative expenses of the Administrator. SUBPART I-REVIEW OF DECISIONS ISSUED BY THE ADMINISTRATOR Brief Description: These rules specify the requirements regarding review of decisions issued by the Universal Service Administrative Company. These rules establish the filing requirements, review process, and
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the third quarter of 2009, recover through a federal universal service line item an amount that exceeds 12.9 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • of telecommunications to contribute to the universal service fund. See, e.g., Universal Service Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006). Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787; 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. The Act and the Commission's rules do, however, exempt certain carriers from the contribution requirement. For example, carriers are not required to contribute directly to the universal service fund in a given year if their contribution for that year would be less than $10,000. 47 C.F.R. �
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the fourth quarter of 2009, recover through a federal universal service line item an amount that exceeds 12.3 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the first quarter of 2010, recover through a federal universal service line item an amount that exceeds 14.1 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base the
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  • 31, 2009 Released: March 31, 2009 By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Inmate Telephone, Inc. (``Inmate''). The Consent Decree terminates an investigation by the Bureau against Inmate for possible violations of section 254 of the Communications Act of 1934, as amended (the ``Act'') and sections 54.706 and 54.711 of the Commission's rules relating to reporting and contribution requirements for the universal service fund (``USF''). The Bureau and Inmate 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
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  • Network Services, LLC of Decision of Universal Service Administrator, CC Docket No. 96-45 (filed Jan. 9, 2007) (Watercom/Mobex Request for Review). 47 U.S.C. � 254(d). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9171-86, paras. 772-800 (1997) (Universal Service First Report and Order) (subsequent history omitted); see also 47 C.F.R. � 54.706(a). 47 U.S.C. � 332(d)(1). 47 U.S.C. � 332(c)(1); Universal Service First Report and Order, 12 FCC Rcd at 9188-89, para. 805 & n.2065. AMTS providers use public coast stations to provide their services to the maritime community, permitting ships to send and receive messages and to interconnect with the public switched telephone network. See Amendment of Parts 2, 81 and
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  • on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration, 13 FCC Rcd 5381, 5482, para. 298. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787; see 47 C.F.R. � 54.706. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). Id. at 18415, para. 25. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements
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  • contribution and other related rules and 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
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  • Review of a Decision of the Universal Service Administrator, CC Docket Nos. 96-45, 97-21 (filed June 26, 2006) (AT&T Request for Review); Request for Review of a Decision on Remand of the Universal Service Administrator by Eureka Broadband Corporation, CC Docket Nos. 96-45, 97-21 (filed June 23, 2006) (Eureka Request for Review). 47 U.S.C. � 254(d). See 47 C.F.R. � 54.706; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9206-07, paras. 843-44 (1997) (discussing why the Commission determined not to assess gross revenues); Federal-State Joint Board on Universal Service; Access Charge Reform, CC Docket Nos. 96-45, 96-262, Sixteenth Order on Reconsideration and Eighth Report and Order, Sixth Report and Order, 15 FCC
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  • or an investigation into USAC's practices, see Compass Global Request for Review-we deny the requests because such requests are either moot in light of the action we take in this order or the petitioners have not met their burdens to show that such relief is necessary and in the public interest. 47 U.S.C. � 254(d). Id.; see 47 C.F.R. � 54.706; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9206-07, paras. 843-44 (1997) (discussing why the Commission determined not to assess gross revenues); Federal-State Joint Board on Universal Service; Access Charge Reform, CC Docket Nos. 96-45, 96-262, Sixteenth Order on Reconsideration and Eighth Report and Order, Sixth Report and Order, 15 FCC
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  • 18842, para. 81 (1997); see also 47 C.F.R. � 54.711(c). (last visited July 22, 2010). The actual due date for filing the Form 499-A may vary. See 47 C.F.R. � 1.4(j) (noting that if a filing date falls on a Saturday, Sunday, or officially recognized holiday, the document must be filed on the next business day). See 47 C.F.R. �� 54.706, 54.711, 54.713. See 47 C.F.R. � 52.17. See 47 C.F.R. �� 64.601(b), 64.604(c)(5)(iii)(B). See 47 C.F.R. �� 64.601(b), 64.604(c)(5)(iii)(B). Alexicon Petition at 3. Alexicon Petition at 2; Cordova Comments at 1-2. Alexicon Petition at 2-3. See National Exchange Carrier Association (NECA) Comments at 2 & n. 4. For example, if the Commission changed the filing date of the FCC Form
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  • 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (requiring interconnected voice over Internet protocol (VoIP) providers to contribute to the universal service fund because they are providers of interstate telecommunications). Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787; see also 47 C.F.R. � 54.706. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). Id. at 18415, para. 25. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements
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  • 92-237, 99-200, 95-116, 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (2006 Universal Service Contribution Methodology Order) (requiring interconnected voice over internet protocol providers to contribute to the universal service fund because they are providers of interstate telecommunications). Universal Service First Report and Order, 12 FCC Rcd at 9171, para. 772; 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Dockets Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd at18400, 18423--24, para. 41; see 47 C.F.R. � 54.701. (1997) (Universal Service Second Order on Reconsideration). 47 C.F.R. � 54.711(a) (setting forth reporting requirements in
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  • Order, 20 FCC Rcd at 10272. Id. at n. 152. See 47 C.F.R. �� 1.20000 - 1.20008. See 47 C.F.R. �� 64.2001 - 64.2009. See 47 C.F.R. �� 64.601 - 64.608. See 47 C.F.R. �� 6.1 - 6.23 and 7.1 - 7.23. See 47 C.F.R. �� 52.20 - 52.33 See 47 C.F.R. �� 4.1 - 4.13. See 47 C.F.R. � 54.706. See 47 C.F.R. � 64.604. See 47 C.F.R. � 52.17. See 47 C.F.R. � 52.32. See 47 C.F.R. � 1.80(b)(3). 47 U.S.C. � 503(b)(5). Federal Communications Commission DA 10-2069 Federal Communications Commission DA 10-2069 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 � -�-&U)�E/A8 |���PNG (c)|)Q��@0����� �~.� � �-c���"Pg� �c)�0O��) b�"c�� ��-� �!|} 2 ����un�''...��� }^�;u������.l ��jX��F�D�r� qvW�C�`��K]L����q���b##}J@j!-�ыp�=܈ �7�Z�"�NzKZߌE�� F���)%3{�Rg*w��/�yD߂z,���](n��2/cmL� \A% �g�@}��
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the first quarter of 2011, recover through a federal universal service line item an amount that exceeds 15.5 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • Office of Management and Budget (OMB) Approved Information Collection Requirements, 73 Fed. Reg. 57543 (Oct. 3, 2008) (establishing an expiration date of September 30, 2010 for FCC Forms 499-A and 499-Q, OMB control number 3060-0855). See 47 C.F.R � 54.708 (establishing a de minimis exception for contributors whose obligations are less than $10,000 in a given year); 47 C.F.R. � 54.706(b) (requiring that projected collected revenues are net of projected contributions). The circularity factor used to determine the estimation factor corresponds to the highest contribution factor for the year. 47 C.F.R. � 54.706(b). Proposed First Quarter 2009 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, 23 FCC Rcd 17947 (Off. of Man. Dir. 2008); Proposed Second Quarter 2009 Universal
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  • ORDER Adopted: March 18, 2010 Released: March 18, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Comtel Telcom Assets LP ("Comtel"). The Consent Decree terminates an investigation by the Bureau of Comtel's compliance with Section 254(d) of the Communications Act of 1934, as amended,1and section 54.706 of the Commission's Rules,2relating to payment of Universal Service Fund contributions. 2. The Bureau and Comtel have negotiated the terms of the Consent Decree that resolve this investigation. 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 find that the
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the second quarter of 2010, recover through a federal universal service line item an amount that exceeds 15.3 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • Best Phone's Petition for Reconsideration of Forfeiture Order (dated June 18, 2008) (``Petition for Reconsideration''). Local Phone Services, Inc., Order of Forfeiture Order, 23 FCC Rcd 8952 (2008) (``Forfeiture Order''). The Forfeiture Order imposed a monetary forfeiture for LPSI's willful and repeated violations of Section 254(d) of the Communications Act of 1934, as amended, 47 U.S.C. � 254(d), and Sections 54.706(a) and 54.711(a) of the Commission's Rules, 47 C.F.R. �� 54.706(a), 54.711(a). The noted violations involved LPSI's failure to timely submit certain Telecommunications Reporting Worksheets and LPSI's failure to timely contribute to the Universal Service Fund. The granting of LPSI's request herein does not affect the validity of the Forfeiture Order. Cancellation of the Certificate of Convenience and Authority Previously Granted
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  • we adopt the attached 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
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  • (Bureau) to consider requests for review of decisions by USAC. 47 C.F.R. � 54.722(a). Alliance Request for Review at 1. 47 U.S.C. � 254(d). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9179, para. 787 (1997) (Universal Service First Report and Order) (subsequent history omitted). Id.; see 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 97-21, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). The Commission adopted the Telecommunications Reporting Worksheet and attached it as Appendix C to the Second
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  • Nos. 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (requiring interconnected voice over Internet protocol (VoIP) providers to contribute to the universal service fund because they are providers of interstate telecommunications). Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787; see 47 C.F.R. � 54.706. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). Id. at 18415, para. 25. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements
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  • are not required to contribute. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Sixteenth Order on Reconsideration, 15 FCC Rcd 1679, 1685, para. 15 (1999). Certain government entities, broadcasters, schools, libraries, systems integrators, and self-providers are also exempt from the contribution requirement. 47 C.F.R. � 54.706(d). Also, if an entity provides broadband transmission service to an Internet Service Provider (ISP) on a non-common carrier (i.e. a private carriage basis), that entity is not required to contribute to universal service on the basis of revenues derived from the provision of that transmission service. Wireline Broadband Internet Access Services Order, 20 FCC Rcd at 14909-10, para. 103; id.
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the third quarter of 2011, recover through a federal universal service line item an amount that exceeds 14.4 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • 57 Tz (2) Tj 1 0 0 1 90.45 159.149 Tm 98 Tz (U.S.C. � 254\(d\).) Tj 1 0 0 1 77.75 141.399 Tm 95 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 94.3 141.649 Tm 93 Tz /OPBaseFont1 10 Tf (47 C.F.R. � �) Tj 1 0 0 1 148.55 141.649 Tm 98 Tz /OPBaseFont2 10 Tf (54.706,) Tj 1 0 0 1 181.2 141.649 Tm 99 Tz /OPBaseFont1 10 Tf (54.711, 54.713 \(requiring all telecommunications carriers providing interstate) Tj 1 0 0 1 72.2 129.849 Tm (telecommunications services and certain other providers of interstate telecommunications to file the annual) Tj 1 0 0 1 72 118.349 Tm (Telecommunications Reporting Worksheet \(FCC Form 499-A\)\); FCC Form 499-A Telecommunications
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the fourth quarter of 2011, recover through a federal universal service line item an amount that exceeds 15.3 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • Tj 1 0 0 1 69.6 356.899 Tm 90 Tz /OPBaseFont3 10 Tf (71d.) Tj 1 0 0 1 89 356.899 Tm 99 Tz /OPBaseFont2 10 Tf (at 9171, para. 772; 47 C.F.R.) Tj 1 0 0 1 208.55 355 Tm 71 Tz /OPBaseFont0 10 Tf (�) Tj 1 0 0 1 216 356.649 Tm 96 Tz /OPBaseFont2 10 Tf (54.706.) Tj 1 0 0 1 69.6 343.699 Tm 47 Tz /OPBaseFont0 10 Tf (8) Tj 1 0 0 1 76.299 339.149 Tm 100 Tz /OPBaseFont3 10 Tf (Universal Service First Report and Order,) Tj 1 0 0 1 249.8 338.899 Tm 98 Tz /OPBaseFont2 10 Tf (12 FCC Rcd at 9179, para. 787.) Tj 1 0 0 1 69.35 321.849
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the first quarter of 2012, recover through a federal universal service line item an amount that exceeds 17.9 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 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
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  • functions and responsibilities, as well as the composition of the Administrator's Board of Directors and Committees. These rules also establish requirements regarding contributions and contributor reporting requirements. Need: In implementing statutory requirements for the universal service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Number and Title: 54.706(d) Contributions. 54.708 De minimis exemption. 54.711 Contributor reporting requirements. PART 61-TARIFFS Subpart A-GENERAL Brief Description: The Part 61 rules are designed to implement the provisions of sections 201, 202, 203, and 204 of the Communications Act of 1934, as amended, and ensure that rates are just, reasonable, and not unjustly or unreasonably discriminatory. These rules govern the filing, form, content,
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the second quarter of 2011, recover through a federal universal service line item an amount that exceeds 14.9 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • Public Utilities, to Office of the Secretary, FCC, WC Docket No. 06-122 (filed Oct. 1, 2010) (Manitowoc Request). Manitowoc's FCC Filer ID is 825651. The Commission has delegated authority to the Wireline Competition Bureau to consider requests for review of decisions made by USAC. 47 C.F.R. � 54.722(a). Manitowoc Request at 1. 47 U.S.C.A. � 254(d). See 47 C.F.R. �� 54.706, 54.711, 54.713 (requiring all telecommunications carriers providing interstate telecommunications services and certain other providers of interstate telecommunications to file the annual Telecommunications Reporting Worksheet (FCC Form 499-A)); Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 28, 2011) (USAC 499 Filing Schedule). 47 C.F.R. � 54.708 (``If a contributor's contribution to universal service in any given
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  • 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. � 1.1206(b). See Implementation of Interim
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-573A1_Rcd.pdf
  • 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 the USF based
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  • No. 201132080025 FRN 0010267862 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
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  • CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (requiring interconnected voice over Internet Protocol providers to contribute to the universal service fund because they are providers of interstate telecommunications). Universal Service First Report and Order, 12 FCC Rcd at 9171, para. 772; 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Dockets Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18423-24, para. 41 (1997) (Universal Service Second Order on Reconsideration); see 47 C.F.R. � 54.701. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in
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  • 99-200, 95-116, 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (2006 Universal Service Contribution Methodology Order) (requiring interconnected voice over Internet protocol providers to contribute to the universal service fund because they are providers of interstate telecommunications). Universal Service First Report and Order, 12 FCC Rcd at 9707, para. 787; see 47 C.F.R. � 54.706. 47 C.F.R. � 54.706(b). Telecommunications providers with purely intrastate or international revenues are not required to contribute to the universal service fund. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service; Access Charge Reform, CC Docket Nos. 96-45, 96-262, Sixteenth Order on Reconsideration and Eighth Report and Order, Sixth Report
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  • Tm 53 Tz /OPBaseFont1 10 Tf (2) Tj 1 0 0 1 90 121.699 Tm 98 Tz (U.S.C.A. �) Tj 1 0 0 1 137 121.949 Tm 96 Tz /OPBaseFont2 10 Tf (254\(d\).) Tj 1 0 0 1 77.5 104.199 Tm 95 Tz (See) Tj 1 0 0 1 93.8 104.199 Tm 106 Tz /OPBaseFont1 10 Tf (47 C.F.R. � 54.706,) Tj 1 0 0 1 181.2 104.449 Tm 98 Tz /OPBaseFont2 10 Tf (54.711. 54.7) Tj 1 0 0 1 232.05 104.199 Tm /OPBaseFont1 10 Tf (13 \(requiring all telecommunications carriers providing interstate) Tj 1 0 0 1 72 92.649 Tm 99 Tz (telecommunications services and certain other providers of interstate telecommunications to file the annual) Tj 1 0 0
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  • Enforcement Bureau: In this 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-396A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-396A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-396A1.txt
  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the second quarter of 2012, recover through a federal universal service line item an amount that exceeds 17.4 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-612A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-612A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-612A1.txt
  • the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Telrite Corporation (Telrite). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (NAL) by the Commission against Telrite for possible violations of Sections 9(a)(1), 225(b)(1), 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157(b)(1), 52.17(a), 52.17(b), 52.32(a), 52.32(b), 54.706, 54.711, 64.604(c)(5)(iii)(A), and 64.604(c)(5)(iii)(B) of the Commission's rules concerning the payment of annual regulatory fees; contributions to the Universal Service Fund and Telecommunications Relay Services Fund; contributions to cost-recovery mechanisms for North American Numbering Plan and Local Number Portability administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). A
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  • inserting ``of this chapter'' after ``� 61.46(d)'' Amend Appendix B, � 69.156 by replacing ``�� 32.6610 of this chapter and 69.403'' with ``� 32.6610 of this chapter and � 69.403'' and by inserting ``of this chapter'' after ``� 61.42(d)(1)'' Amend Appendix B, � 69.157 by replacing ``end user'' with ``end-user'' Amend Appendix B, � 69.158, first sentence by replacing ``� 54.706 and � 54.709'' with ``�� 54.706 and 54.709 of this chapter'', first, third and fourth sentences, by replacing ``ILEC'' with ``incumbent LEC'', and last sentence by inserting ``as'' between ``Centrex lines,'' and ``per � 69.153(e).'' Amend Appendix E caption to read ``CALLS Ex Parte Filings Modifying the Proposal'' Amend Appendix E, eighth bullet, to read ``Letter from Anne K. Bingaman,
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  • minimis carriers. We also seek comment on whether and how carriers should true-up contribution amounts to reflect changes in their de minimis status during the relevant reporting period. Limited International Revenues Exception We also seek comment on whether to modify the limited exception to our contribution requirements for carriers with a low percentage of interstate end-user telecommunications revenues. Under section 54.706(c) of our rules, a provider of interstate and international telecommunications is not required to contribute based on its international telecommunications end-user revenues if its interstate end-user telecommunications revenues constitute less than eight percent of its combined interstate and international end-user telecommunications revenues. The rule is intended to exclude from the contribution base the international end-user telecommunications revenues of any telecommunications
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244194A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244194A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-244194A1.txt
  • discontinuance of service. The Bureau was made a party to the Proceeding. 4. On August 20, 2003, the presiding officer issued a Memorandum Opinion and Order expanding the hearing to determine whether: 1) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to federal universal service support programs in violation of section 254(d) of the Act and section 54.706 of the Commission's rules; 2) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to the Telecommunications Relay Services (``TRS'') Fund, in violation of section 64.604(c)(5)(iii)(A) of the Commission's rules; and 3) BOI, BUZZ, U.S. Bell/LINK had failed to file Telecommunications Reporting Worksheets in violation of sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules. The presiding officer
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A1.txt
  • actual contribution bases have been based on slightly different amounts than those shown. International revenues are excluded from the contribution base if the total of amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. �54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). Source: Industry Analysis and Technology Division, Wireline Competition Bureau, Telecommunications Industry Revenues (March 2005).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-262986A3.txt
  • actual contribution bases have been based on slightly different amounts than those shown. International revenues are excluded from the contribution base if the total of amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. �54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). Source: Industry Analysis and Technology Division, Wireline Competition Bureau, Telecommunications Industry Revenues (March 2005).
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266599A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266599A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-266599A1.txt
  • the reported information; and.'' 4. In Appendix A, page 29 of the document, we replace ``A statement that it has complied with the reporting requirements described in section 64.5001(a) above'' with ``A statement that it has complied with the reporting requirements described in paragraph (a) of this section.'' 5. In Appendix A, page 29 of the document, we replace ``Section 54.706 is amended by adding new paragraph (a)(18) . . .'' with ``Section 54.706 is amended by adding new paragraph (a)(19) . . . .'' 6. In Appendix A, page 29 of the document, we replace ``(18) Prepaid calling card providers'' with ``(19) Prepaid calling card providers.'' FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau ________________________Federal
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A1.txt
  • Contribution Base Revenues By Program 1 /: 2004 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A3.txt
  • Contribution Base Revenues By Program 1 /: 2004 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273733A1.pdf
  • a pre-approval requirement on both groups "would be disruptive to wireless contributors who, unlike interconnected VoIP providers, are already relying on the current regime." Id. Finally, the Commission suspended the so-called carrier's carrier rule, which prevents duplicative USF contributions at the wholesale and retail levels. The rule accomplishes this by basing contributions only on "end-user telecommunications revenues." 47 C.F.R. � 54.706(b). The Commission suspended the rule with respect to VoIP for two quarters following issuance of the Order, explaining that "if 8 carriers are permitted to invoke the carrier's carrier rule immediately to exclude revenues from interconnected VoIP providers, the result could be a net decrease in the Fund in the short term," a result inconsistent with its obligation to "preserve
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274025A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274025A1.txt
  • actual contribution bases have been based on slightly different amounts than those shown. 2/International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276470A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-276470A1.txt
  • service, the sum of the number of filers by service type in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenue to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service. The primary reason that only 2,462 of the 5,428 filers actually contribute to the universal service fund is that no contribution
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A3.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277103A3.txt
  • contribution base 3/ $66.388 Normalized contributions due for 2005 $7.004 error rate 6.05% Estimated sum of erroneous billing amounts $0.424 1/ Quarterly figures taken from Commission Public Notices: DA-04-3902; DA 05-648; DA 05-1664; and DA 05-2454 2/ Telecommunications Industry Revenues -- 2005, June 2007, Table 4. 3/ Billable base Less Circularity adjustment See 47 U.S.C. � 254(b)(4); 47 C.F.R �� 54.706-713. Pub. L. 107-300, 116 Stat. 2350. 47 C.F.R. �� 54.706, 54.711, and 54.713. See Universal Service Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, Report and Order and Further Notice of Proposed Rule Making,21 FCC Rcd 7518, FCC 06-94 (Released June 27, 2006). The Commission defines ``interconnected VoIP service''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A1.txt
  • Contribution Base Revenues By Program 1 /: 2005 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See iFederal-State Joint Board on Universal Service , et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A3.txt
  • Contribution Base Revenues By Program 1 /: 2005 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See iFederal-State Joint Board on Universal Service , et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284929A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284929A1.txt
  • bases have been based on slightly different amounts than those shown. 2/International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board , on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A1.pdf
  • support mechanisms [ Line 511 (a) ] 340 equals $236,398 1/ 2/International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A3.pdf
  • support mechanisms [ Line 511 (a) ] 340 equals $236,398 1/ 2/International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289171A1.txt
  • service, the sum of the number of filers by service type in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenue to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service. The primary reason that only 2,727 of the 6,252 filers actually contribute to the universal service fund is that no contribution
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293261A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-293261A2.txt
  • contribution bases have been based on different amounts than those shown. 2/International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board , on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A1.txt
  • Revenues By Program 1 /: 2007 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A3.txt
  • Revenues By Program 1 /: 2007 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295938A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295938A1.txt
  • service, the sum of the number of filers by service type in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenue to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service. The primary reason that only 2,773 of the 6,493 filers actually contribute to the universal service fund is that no contribution
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A1.txt
  • Base Revenues By Program 1: 2008 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A3.txt
  • Base Revenues By Program 1: 2008 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306567A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306567A1.txt
  • than those shown. 2/A provider receives the LIRE Exemption, and its international revenues are excluded from the contribution base, if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311775A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-311775A1.txt
  • 2, 2010. A provider receives the LIRE Exemption, and its international revenues are excluded from the contribution base, if the total amount of interstate end- user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-390A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-390A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-00-390A1.txt
  • No. EB-00-IH-0055 ) INTELLICALL OPERATOR SERVICES ) NAL/Acct. No. X32080023 FORFEITURE ORDER Adopted: October 27, 2000 Released: November 1, 2000 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Intellicall Operator Services (``Intellicall'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully failing to make a required contribution to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Intellicall's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Intellicall is liable for a forfeiture in the amount
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  • 13 FCC Rcd 13614 (1998) (application fees). See, e.g., 47 U.S.C. � 503; 47 C.F.R. � 1.80; see also Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). See 47 U.S.C. � 309(j). See 47 U.S.C. � 254(d); 47 C.F.R. � 54.706. See, e.g., 31 U.S.C. � 3512(b) (establishment and maintenance of systems of accounting and internal controls); 4 C.F.R. � 102.1(a) (requiring agencies to ``take aggressive action, on a timely basis, collect all claims of the United States''); 4 C.F.R. � 102.17 (requiring agencies to establish procedures to identify the causes of overpayments, delinquencies, and defaults, and the corrective actions needed).
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  • ) File No. EB 00-IH-0053 ) America's Tele-Network Corp. ) NAL/Acct. No. x32080024 FORFEITURE ORDER Adopted: November 30, 2000 Released: December 5, 2000 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, we find that America's Tele-Network Corp. (``ATNC'') has violated section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering ATNC's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that ATNC is liable for a forfeiture in the amount of one hundred
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  • under certain circumstances a state telecommunications network might qualify as a `telecommunications carrier.''' ICN Declaratory Ruling, 14 FCC Rcd at 3050. We note that, to date, ICN is the only such network to seek a common carrier designation. Fourth Order on Reconsideration, 13 FCC Rcd at para. 104. 47 U.S.C. � 251. See 47 U.S.C. � 254(d); 47 C.F.R. �� 54.706, et seq.; see also First Report and Order, 12 FCC Rcd at 9173; see also Fourth Order on Reconsideration, 13 FCC Rcd at 5476. See, e.g., 47 U.S.C. � 208. As a common carrier, ICN is also eligible to receive direct reimbursement from the Commission's rural health care support mechanism to the extent it provides supported telecommunications services to eligible
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  • No. EB-01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2001 Released: March 29, 2001 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that PTT Telekom, Inc. (``PTT'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that PTT is apparently liable for a forfeiture in the amount of $137,000. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
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  • minimis carriers. We also seek comment on whether and how carriers should true-up contribution amounts to reflect changes in their de minimis status during the relevant reporting period. Limited International Revenues Exception We also seek comment on whether to modify the limited exception to our contribution requirements for carriers with a low percentage of interstate end-user telecommunications revenues. Under section 54.706(c) of our rules, a provider of interstate and international telecommunications is not required to contribute based on its international telecommunications end-user revenues if its interstate end-user telecommunications revenues constitute less than eight percent of its combined interstate and international end-user telecommunications revenues. The rule is intended to exclude from the contribution base the international end-user telecommunications revenues of any telecommunications
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  • Commission Washington, D.C. 20554 In the Matter of ) File No. EB 01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 FORFEITURE ORDER Adopted: June 13, 2001 Released: June 15, 2001 By the Commission: 1. In this Forfeiture Order, we find that PTT Telekom, Inc. (``PTT'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that PTT is liable for a forfeiture in the amount of one hundred thirty-seven thousand dollars ($137,000), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 29, 2001, the Commission issued the NAL to PTT. We issued
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  • AT&T, Report and Order and Order on Reconsideration, CC Docket No. 96-45, FCC 01-85 (rel. March 14, 2001) (Contribution Order). 47 U.S.C � 254. 47 U.S.C. � 254(d). Federal-State Joint Board on Universal Service, Report and Order, CC Docket No. 96-45, 12 FCC Rcd 8776 at 9173-9179, paras. 777-786 (1997) (subseq. history omitted) (Universal Service Order). See 47 C.F.R. � 54.706(a) (``Entities that provide interstate telecommunications to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered telecommunications carriers providing interstate telecommunications services and must contribute to the universal service support programs.''). 47 C.F.R. �� 54.706, 54.709. 47 C.F.R. � 54.709. Federal Transtel Petition at 3. Federal Transtel asserts
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  • the difference through a separate monthly end-user charge, provided that no portion of such excess cost may be recovered through other common line access charges, or through Interstate Common Line Support. Section 69.131 is added as follows: � 69.131 Universal service end user charges. To the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to sections 54.706 and 54.709 of this chapter and the non-price cap local exchange carrier seeks to recover some or all of the amount of such contribution, the non-price cap local exchange carrier shall recover those contributions through a charge to end users other than Lifeline users. The charge to recover these contributions is not part of any other element established pursuant to
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  • 3, 2001). Sprint and WorldCom filed comments in response to USTA's petition on May 25, 2001. See Contribution Interval Order, 16 FCC Rcd at 5752, para. 10. A detailed description of how universal service contributions are calculated can be found in the Seventeenth Order on Reconsideration. See Federal-State Joint Board on Universal Service; Petitions for Waiver or Reconsideration of Section 54.706, 54.709, and/or 54.711 of the Commission's Rules, Memorandum Opinion Order and Seventeenth Order on Reconsideration, CC Docket No. 96-45, 15 FCC Rcd 20769 (1999). Contribution Interval Order, 16 FCC Rcd at 5753, para. 13. Contribution Interval Order, 16 FCC Rcd at 5751-52, para. 9. Contribution Interval Order, 16 FCC Rcd at 5752, para. 11. Carriers now file on a quarterly
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  • EB -00-IH-0057 ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 FORFEITURE ORDER Adopted: February 8, 2001 Released: February 20, 2001 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Matrix Telecom, Inc. (``Matrix'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Matrix's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Matrix is liable for a forfeiture in the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FCC Form 499-Q, March 2001 Approved by OMB 3060-0855 Estimated Average Burden Hours Per Response: 6 Hours Telecommunications Reporting Worksheet, FCC Form 499-Q Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms * * * * * NOTICE TO INDIVIDUALS: Sections 54.706, 54.711, and 54.713 of the Federal Communications Commission's rules require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Telecommunications Reporting Worksheet (FCC Form 499-Q) on February 1, May 1, August 1,
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  • just, reasonable, and nondiscriminatory terms.). See Resale and Shared Use, 60 FCC 2d 261(1976), aff'd sub nom. AT&T v. FCC, 572 F.2d 17 (2d Cir.), cert. denied., 439 U.S. 895 (1978); Resale and Shared Use of Domestic Public Switched Network Services, 83 FCC 2d 167 (1980) recon. denied, 86 FCC 2d 820 (1981). 47 U.S.C. � 254(d). 47 C.F.R. � 54.706. 47 C.F.R. � 54.709. The Commission has stated that merely combining telecommunications service with an enhanced service does not automatically deem the combined service enhanced. Rather, ``the issue is whether, functionally, the consumer is receiving two separate and distinct services.'' Federal-State Joint Board on Universal Service, Fourth Order on Reconsideration, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance
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  • the fourteen-day period following release of the Commission's public notice. If the Commission take no action within fourteen (14) days of the date of release of the public notice announcing the projections of demand and administrative expenses, the projections of demand and administrative expenses, and the contribution factor shall be deemed approved by the Commission. Except as provided in � 54.706(c), the Administrator shall apply the quarterly contribution factor, once approved by the Commission, to contributor's interstate and international end-user telecommunications revenues to calculate the amount of individual contributions. * * * * * 94. Section 54.711 is amended by revising paragraph (b) to read as follows: � 54.711 Contributor reporting requirements. * * * * * (b) The Commission shall
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  • SEND a copy of this Second Further Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A - FINAL RULES Part 54 of the Code of Federal Regulations is amended as follows: PART 54-UNIVERSAL SERVICE Subpart H-Administration 1. Amend section 54.706 to revise paragraphs (b) and (c) as follows: � 54.706 Contributions (a) * * * (b) Prior to April 1, 2003, except as provided in paragraph (c) of this section, every telecommunications carrier that provides interstate telecommunications services, every provider of interstate telecommunications that offers telecommunications for a fee on a non-common carrier basis, and every payphone provider that is
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  • facilities. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8797, para. 39-40 (1997) (First Report and Order) (subsequent history omitted). 47 U.S.C. � 254(d) (emphasis added). 47 U.S.C. �� 153(44), (46). 47 U.S.C. � 153(43). First Report and Order, 12 FCC Rcd at 9173, para. 777; see also 47 C.F.R. � 54.706. 47 U.S.C. �254(d). First Report and Order, 12 FCC Rcd 9183-9184, para. 794-797; see also 47 C.F.R. �54.706. First Report and Order, 12 FCC Rcd 9183-9184, para. 796. Id. at para. 799. Id. See CPE/Enhanced Services Bundling Order, 16 FCC Rcd at 7446-7447, para. 48. In the order, the Commission acknowledged that carriers may bundle xDSL services ``with CPE and
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  • the universal service mechanisms, the Telecommunications Relay Services Fund, the cost recovery mechanism for administration of the North American Numbering Plan, and the cost recovery mechanism for administration of long-term number portability. As a result, section 54.702(f) was made obsolete, but inadvertently was not deleted at that time. Accordingly, we delete it now. Limited International Revenues Exception Background Under section 54.706(c) of the Commission's rules, a provider of interstate and international telecommunications is not required to contribute based on its international telecommunications end-user revenues if its interstate telecommunications end-user revenues constitute less than eight percent of its combined interstate and international end-user telecommunications revenues. The rule is intended to exclude from the contribution base the international end-user telecommunications revenues of any
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  • 47 C.F.R. �� 20.9(b)(1), 101.1013. See generally 47 U.S.C. �� 229, 1001 et seq.; 47 C.F.R. Part 64, Subparts V and W. See, e.g., 47 C.F.R. �� 1.815, 22.321. See generally 47 U.S.C. � 225; 47 C.F.R. Part 64, Subpart F. See generally 47 U.S.C. � 251(e); 47 C.F.R. Part 52. See generally 47 U.S.C. � 254; 47 C.F.R. �� 54.706, 54.709. See generally 47 U.S.C. � 159; 47 C.F.R. Part 1, Subpart G. We note that while Section 9 of the Communications Act, 47 U.S.C. � 159, which prescribes the Commission's authority and obligation to collect regulatory fees, does not use the term ``licensee'' or ``carrier'' or any similar nomenclature, our orders prescribing regulatory fee amounts have used the term
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  • 47 C.F.R. �� 20.9(b)(1), 101.1013. See generally 47 U.S.C. �� 229, 1001 et seq.; 47 C.F.R. Part 64, Subparts V and W. See, e.g., 47 C.F.R. �� 1.815, 22.321. See generally 47 U.S.C. � 225; 47 C.F.R. Part 64, Subpart F. See generally 47 U.S.C. � 251(e); 47 C.F.R. Part 52. See generally 47 U.S.C. � 254; 47 C.F.R. �� 54.706, 54.709. See generally 47 U.S.C. � 159; 47 C.F.R. Part 1, Subpart G. We note that while Section 9 of the Communications Act, 47 U.S.C. � 159, which prescribes the Commission's authority and obligation to collect regulatory fees, does not use the term ``licensee'' or ``carrier'' or any similar nomenclature, our orders prescribing regulatory fee amounts have used the term
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  • Docket No. 96-45, FCC 97-157 (rel. June 4, 1997), and Erratum, 13 FCC Rcd 24493 (1997), aff'd in part, rev'd in part, remanded in part sub nom, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied� 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 (2000) (Universal Service Order). See 47 C.F.R. �� 54.706, 54.709. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 13 FCC Rcd 21252 (1998) (Interim CMRS Safe Harbor Order). See id. at 21258-60, paras. 13-15. Id. at 21258-59, para. 13. The interim safe harbor percentages for paging providers and SMR providers that do not primarily provide wireless telephony
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  • ) FRN No. 0009652801 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: September 26, 2003 Released: September 30, 2003 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL'') and Order, we find that Globcom, Inc. (``Globcom''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund and the Telecommunications Relay Service (``TRS'') Fund. We also find that Globcom apparently violated section 54.711(a) of the Commission's rules by willfully and repeatedly failing to file complete and accurate interstate and international revenue information. Based on our review of the facts
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  • line SLC cap is $7.00. See id. � 69.152(e)(1)(i). The SLC cap for the business customers of price cap carriers is $9.20 for all subscriber lines. See id. � 69.152(k)(1). See 47 C.F.R. � 69.153(a). The PICC applies to MLB customers only and is capped at $4.31 per line. See id. See 47 C.F.R. � 69.154. Compare 47 C.F.R. �� 54.706, 709(a), with 47 C.F.R. 69.153(a). See SLC Cost Study Order, 17 FCC Rcd at 10874, para. 12. 47 C.F.R. �� 69.104(a) (rate-of-return carriers), 69.152(a) (price cap carriers). See 47 C.F.R. Part 36, App.-Glossary. NYNEX Telephone Companies Revisions to Tariff F.C.C. No. 1, Transmittal No. 116, Memorandum Opinion and Order, 7 FCC Rcd 7938, para. 2 (Common Carrier Bureau 1992) (NYNEX
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  • broadcasters from the contribution requirements. In an Errata to the Fourth Reconsideration Order, the Commission clarified that the exemption for broadcasters of video programming extends to all broadcasters. Despite the Commission's statement in the Fourth Reconsideration Order equating ITFS licensees with broadcasters, WCA seeks further clarification that all ITFS licensees are exempt from universal service fund contribution requirements under section 54.706 of the Commission's rules. WCA argues that ambiguity exists as to whether ITFS constitutes a ``broadcast'' service entitled to exemption from universal service obligations. To give effect to the Commission's statement in the Fourth Reconsideration Order, WCA states that the Commission should clarify section 54.706(d) by adding ``ITFS licensees'' to list of entities that are exempt from universal service fund
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  • 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 of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. II. BACKGROUND The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that providers of such telecommunications comply with the requirements imposed on them by the Act and our rules. The
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  • 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 254(d) and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a), 64.604(c)(5)(iii)(A) and 52.17(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for North American Numbering Plan Administration (``NANPA''). Finally, we find that Teletronics has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by willfully and repeatedly failing to pay regulatory
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  • apparently liable for a total forfeiture of $606,500. We specifically find that Carrera Communications, LP (``Carrera'') has apparently violated sections 54.711(a) and 64.604 of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') or predecessor forms from 1999 through the current date. Further, we find that Carrera has apparently violated section 254(d) of the Act and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. We also find that Carrera has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by failing to pay regulatory fees to the Commission. Finally, we find that Carrera apparently violated Commission orders by
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  • 258 as well as section 201(b). See infra paras. 152-53. 47 U.S.C. � 151 (emphasis added); see also VoIP E911 Order at para. 29. 47 U.S.C. � 254(d). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9173, para. 777 (1997) (Universal Service Order) (subsequent history omitted); see also 47 C.F.R. � 54.706. Wireline Broadband NPRM, 17 FCC Rcd at 3051, para. 72; see also CPE/Enhanced Services Bundling Order, 16 FCC Rcd at 7446-47, para. 48. 47 U.S.C. � 254(d). Wireline Broadband NPRM, 17 FCC Rcd at 3052, para. 74. Id. at 3054, para. 79. E.g., Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order and Second Further Notice
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  • based on and uses end user telecommunications revenues in the United States, not settlement revenues paid by foreign carriers.''). Section 254(d) of the Act requires that interstate telecommunications carriers ``contribute ... to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service.'' 47 U.S.C. � 254(d). The Commission has implemented section 254(d) in section 54.706 of its rules, which states, in relevant part, ``every telecommunications carrier that provides interstate telecommunications services ... shall contribute to the federal universal service support mechanisms on the basis of its interstate and international end-user telecommunications revenues.'' 47 C.F.R. � 54.706. Under the Commission's rules, contributors whose interstate revenues comprise less than 12% of their combined interstate and international revenues
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  • since that time, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that TMI is apparently liable for a total forfeiture of $280,000. Specifically, we find that TMI has apparently violated sections 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''). We further find that TMI has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by failing to pay regulatory fees to the Commission. II. BACKGROUND The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that providers
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  • (``OCMC''), a telecommunications carrier that has been operating 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 the Universal Service Fund (``USF''). Specifically, we find that OCMC has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Federal Communications Commission's rules by willfully and repeatedly failing to contribute fully and timely to the USF. Based on our review of the facts and circumstances of this case, and for the reasons discussed below, we find that OCMC is apparently liable for a total monetary forfeiture in the amount of $1,133,761. II. BACKGROUND The Telecommunications Act of
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  • company is apparently liable for a total forfeiture of $282,000. We specifically find that BCE Nexxia Corporation (``BCE Nexxia'') has apparently violated sections 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets''). We also find that BCE Nexxia has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''). We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally-mandated programs including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute to
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  • 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 Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund on a timely basis. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal service
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  • 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, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''). We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of Congressionally mandated programs, including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute to these
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  • 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 the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') on a timely basis in 2004 and 2005. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal service program. The failure of
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  • (released Dec. 14, 2004). See AT&T Petition at 14 n.19 (``Intrastate access charges generally are higher than interstate access charges, and therefore classifying these calls as intrastate or interstate on the basis of the content of the communication is `presumptively inconsistent' with the First Amendment.''); see also AT&T May 11 Ex Parte Letter at 6. See, e.g., 47 C.F.R. � 54.706. See AT&T November 10-Q Report at 16. AT&T must limit the revisions on its Forms 499-A to information concerning prepaid calling card revenue (currently line 411 on Form 499-A). See Letter from Amy Alvarez, AT&T, to Marlene H. Dortch, Secretary, Federal Communications Commission (Nov. 2, 2004). Id. See Time Machine, 11 FCC Rcd at 1192-93, para. 40. In 1999, when
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  • its statutory and regulatory obligations related to the Universal Service Fund (``USF'' or ``Fund''). Specifically, we find that LPSI has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets''). Furthermore, we find that LPSI has apparently violated section 254(d) of the Communication's Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Federal Communications Commission's (the ``Commission'') rules by willfully and repeatedly failing to contribute fully and timely to the USF. Based upon the facts and circumstances surrounding this matter, we find that LPSI is apparently liable for a total monetary forfeiture in the amount of $529,000. Background The Act codified Congress's historical commitment to promote universal service to ensure
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  • adopt the attached Consent 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
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  • repeated here at length. TMI is a Maine-based telecommunications provider that offers long distance plans, toll free numbers, and phone cards. In 2002, it began providing these services by reselling intrastate, interstate, and international long-distance services purchased from Global Crossing Bandwidth, Inc. (``Global Crossing''). As such, TMI is subject to the obligations of section 254(d) of the Act and sections 54.706, 1.1154, and 1.1157(a)(1) of our rules. Section 254(d) of the Act requires, among other things, that ``[e]very telecommunications carrier [providing] interstate telecommunications services . . . contribute, on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service.'' Section 54.706 of the Commission's rules requires all telecommunications carriers
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  • in the Notice of Apparent Liability and Order (``OCMC NAL'') previously issued by the Commission, and need not be reiterated here at length. OCMC is an operator service provider (``OSP''), interexchange carrier and toll reseller. As an OSP and reseller of interstate and international long-distance services, OCMC is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. Section 254(d) of the Act requires that ``[e]very telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and non-discriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service.'' Section 54.706 of the Commission's rules requires all telecommunications carriers that provide interstate telecommunications services, and certain
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  • Order (``Globcom NAL'') previously issued by the Commission, and need not be reiterated here at length. Globcom, which does business as Globcom Global Communications, is an interexchange carrier headquartered in Northbrook, Illinois that provides resale telecommunications services. As a reseller of interstate and international long-distance services, Globcom is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. The Commission's rules in effect during the time period in question required all telecommunications carriers that provided interstate telecommunications services, and certain other providers of interstate telecommunications, to contribute to the universal service fund based on their gross billed interstate and international end-user telecommunications revenues. Section 64.604(c)(5)(iii)(A) of our rules also requires Globcom to contribute to the
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  • A statement that it has complied with the reporting requirements described in paragraph (a) of this section. B. Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for Part 54 continues to read as follows: Authority: 47 U.S.C. 1, 4(i), 201, 205, 214, and 254 unless otherwise noted. 2. Section 54.706 is amended by adding new paragraph (a)(19) and by adding a new sentence in subsection (d) to be placed after the section's first sentence to read as follows: 54.706 Contributions. ***** (a) (19) Prepaid calling card providers. ***** (d) Prepaid calling card providers are not required to contribute on the basis of revenues derived from prepaid calling cards sold by,
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  • entered into between the Federal Communications Commission (the ``Commission'') and Verizon Business Global LLC f/k/a MCI, LLC (``Verizon''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against MCI, Inc. (``MCI'') 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, and 64.604 of the Commission's rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan Administration (``NANPA''), and regulatory fees. The Commission and Verizon 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
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  • C.F.R. � 54.903(a)(4). Because the effective date of this order falls during the last two quarters of the calendar year, the per-line ICLS in Anchorage is based on the actual common line cost and revenue data filed by ACS on December 31, 2006. Id. Therefore, we find it appropriate to set ICLS support at this rate. See 47 C.F.R. �� 54.706, 54.709. See Telecommunications Reporting Worksheet, FCC Form 499-A, Instructions at 25 (2007). ACS July 25, 2007 Ex Parte Letter at 4. See 47 C.F.R. � 54.709 (contributions to the universal service fund are based on end-user telecommunications revenues). See id. � 54.712. . Qwest Omaha Order, 20 FCC Rcd at 19435, para. 42. We note that although the Wireline Broadband
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  • other document that demonstrates compliance with the statutory or regulatory requirements for the rural health care mechanism shall be retained as well. Section 54.702 is amended by adding new subsection (o) as follows: * * * (o) The Administrator shall provide performance measurements pertaining to the universal service support mechanisms as requested by the Commission by order or otherwise. Section 54.706 is amended by adding new subsection (e) as follows: * * * (e) Any entity required to contribute to the federal universal service support mechanisms shall retain, for at least five years from the date of the contribution, all records that may be required to demonstrate to auditors that the contributions made were in compliance with the Commission's universal service
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  • terms of the Consent Decree and in willful and repeated violation of Section 63.71 of the Commission's rules. 12. The Consent Decree, at paragraph 14(f), required the Kintzel brothers to make all federal universal service contributions by the due date specified in each invoice sent by the USAC. The requirement to pay universal service contributions is also codified in Section 54.706 of the Commission's rules and is critical to maintaining the vitality of the universal service fund and guaranteeing the continued availability of funds. The information before the Commission indicates that one of the Kintzel brothers' companies, Buzz, apparently failed to make 22 required universal service contributions. The Kintzel brothers' apparent utter disregard for their universal service obligations is flatly inconsistent
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  • steps that may be taken. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the Call Home Act of 2006, Pub. L. No. 109-459, 120 Stat. 3399, and section 10 of the Communications Act of 1934, as amended, 47 U.S.C. � 160, that the Commission shall forbear from applying section 254(d) of the Communications Act, 47 U.S.C. � 254(d), and sections 54.706, 54.711 and 54.713 of the Commission's rules, 47 C.F.R. �� 54.706, 54.711, 54.713, to revenues from certain services provided to United States military personnel, as set forth herein. IT IS FURTHER ORDERED, pursuant to the Call Home Act of 2006, Pub. L. No. 109-459, 120 Stat. 3399, and section 10 of the Communications Act of 1934, as amended, 47 U.S.C.
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  • Order, we adopt the 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
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  • 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 Service Fund (``USF''); and (4) section 64.604(c)(5)(iii)(A) of the rules by failing to contribute to the Telecommunications
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  • 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 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund (``USF'') in 2004 and early 2005. BACKGROUND A. Obligations to Register, File Periodic Revenue Information, and Contribute to the USF The facts and circumstances surrounding this case are set forth in the NAL, and need not be reiterated here at length. Global Teldata began operations on April
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  • then issue a forfeiture if it finds by a preponderance of the evidence that the person has willfully or repeatedly violated the Act or a Commission order or rule. We find by a preponderance of the evidence, as discussed in detail in the Carrera NAL and herein, that Carrera has violated section 254(d) of the Act and sections 54.711(a), 64.604(c)(5)(iii), 54.706(a), 1.1154, and 1.1157(b)(1) of the Commission's rules. Specifically, we find based on a preponderance of the evidence that Carrera: (1) willfully and repeatedly failed to file Worksheets and predecessor forms; (2) willfully and repeatedly failed to make requisite contributions toward the Universal Service and TRS Funds; (3) willfully and repeatedly failed to pay regulatory fees to the Commission; and (4)
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  • remanded in part sub nom, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied, 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 (2000) (``1997 Universal Service Order''). 1997 Universal Service Order, 12 FCC Rcd at 9173, para. 779. Id. at 9174, 9200, 9203-05, paras. 779, 831, 837-41; see also 47 C.F.R. � 54.706(c) (1999). Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (``TOPUC''). Id. at 434-35; 47 U.S.C. � 254(d). TOPUC, 183 F.3d at 435. Id. at 447-48; 47 U.S.C. �� 152(b), 254(d). TOPUC, 183 F.3d at 448. Fifth Circuit Remand Order, 15 FCC Rcd at 1685, para. 15. Id.; 47 C.F.R. � 54.706(c) (1999). The Commission
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  • al., Second Order on Reconsideration and Memorandum Opinion and Order, 12 FCC Rcd 16606, 16610, para. 16 (1997) (Access Charge Reform Second Reconsideration Order). See Access Charge Reform Order, 12 FCC Rcd at 16019, para. 92; 47 C.F.R. � 69.153(b) (1997). See Access Charge Reform Order, 12 FCC Rcd at 16019, para. 92. See U.S.C. � 254(d); 47 C.F.R. � 54.706. 47 U.S.C. � 254(b)(5). 47 U.S.C. � 254(d). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9210, para. 853 (1997) (Universal Service Order), aff'd in part, rev'd in part and remanded in part sub nom. Texas Office of Pub. Util. Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied,
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  • Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find Telrite Corporation (``Telrite'') apparently violated sections 52.17(b), 52.32(b), 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by willfully or repeatedly filing inaccurate Telecommunications Reporting Worksheets (``Worksheets'') that grossly under-reported its interstate revenue. Telrite also apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706 and 54.711 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund (``USF''); section 225(b)(1) of the Act and section 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully to the Telecommunications Relay Services Fund (``TRS Fund''); section 251(e)(2) of the Act and section 52.17(a) of the Commission's rules
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  • No. 96-45, and Report and Order in CC Docket Nos. 98-77 and 98-166, 16 FCC Rcd 19613 (2001) (MAG Plan Order), recon. pending. Universal Service Monitoring Report, Table 3.2; USAC 2007 Annual Report at 45. Support for the fund derives from assessments paid by providers of interstate telecommunications services and certain other providers of interstate telecommunications. See 47 C.F.R. � 54.706. Fund contributors are permitted to, and almost always do, pass those contribution assessments though to their end-user customers. See 47 C.F.R. � 54.712. Fund assessments paid by contributors are determined by applying the quarterly contribution factor to the contributors' contribution base revenues. In the second quarter of 2007, the contribution factor reached 11.7 percent, which is the highest level since
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  • follows a Notice of Apparent Liability for Forfeiture issued on August 29, 2006. Herein we find that LPSI willfully or repeatedly violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets. We also find that LPSI willfully or repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by failing to timely contribute to the Universal Service Fund (``USF'' or the ``Fund''). LPSI's failure to pay Congressionally-mandated USF contributions strikes at the core of the Commission's mission to promote access to affordable, quality telecommunications services for all Americans. In section 254 of the Act, Congress codified the historical commitment to universal service for consumers
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  • Dale, Managing Director, FCC to D. Scott Barash, Acting Chief Executive Officer, USAC, Oct. 31, 2007. See Letter from D. Scott Barash, Acting Chief Executive Officer, USAC to Anthony Dale, Managing Director, FCC, Feb. 28, 2008 (``USAC Feb. 28 Letter''). The USAC Feb. 28 Letter is attached to this Notice in the Appendix. 47 U.S.F. � 254(b); 47 C.F.R. � 54.706(a). See 47 U.S.C. � 254(h)(1)(A); 47 C.F.R. Part 54, Subpart G; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9093-9161, �� 608-749 (1997). 47 C.F.R. � 54.621. Comments in response to the Comprehensive Review NPRM were filed on October 18, 2005. Reply comments were filed on December 19, 2005. See Comprehensive
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  • regulation receive interstate access support based on their revenue requirements. 47 C.F.R. Part 54, sbpts. J, K. 47 C.F.R. � 54.307(a). See Universal Service First Report and Order, 12 FCC Rcd at 8828-30, paras. 94-96. Support for the fund derives from assessments paid by providers of interstate telecommunications services and certain other providers of interstate telecommunications. See 47 C.F.R. � 54.706. Fund contributors are permitted to, and almost always do, pass those assessments though to their end-user customers. See 47 C.F.R. � 54.712. Fund assessments paid by contributors are determined by applying the quarterly contribution factor to the contributors' contribution base revenues. In the second quarter of 2007, the contribution factor reached 11.7 percent, which is the highest level since its
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-270A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-270A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-270A1.txt
  • and Notice of Apparent Liability for Forfeiture (``NAL'') by the Commission against BCE for possible violations of sections 9, 214, and 254 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. �� 159, 214, 254, sections 34-39 of the Cable Landing Act, 47 U.S.C. �� 34-39, Executive Order No. 10530, and sections 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11 of the Commission's rules, 47 C.F.R. �� 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11, regarding violation of the universal service reporting and contribution requirements, as well as international reporting and fee payment requirements. The Commission and BCE have negotiated the terms of the Consent Decree that resolve this matter. A copy of the
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  • In addition, a competitive ETC that provides supported services utilizing unbundled network elements (UNEs) receives the lesser of the UNE price or the per-line support amount available to the incumbent LEC. 47 C.F.R. � 54.307(a)(2). Support for the fund derives from assessments paid by providers of interstate telecommunications services and certain other providers of interstate telecommunications. See 47 C.F.R. � 54.706. Fund contributors are permitted to, and almost always do, pass those contribution assessments though to their end-user customers. See 47 C.F.R. � 54.712. Fund assessments paid by contributors are determined by applying the quarterly contribution factor to the contributors' contribution base revenues. In the second quarter of 2007, the contribution factor reached 11.7 percent, which is the highest level since
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.txt
  • 0003-7330-78 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that various subsidiaries of Global Crossing North America, Inc. (``Global Crossing'') apparently violated sections 254(d) and 225 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. Based on our review of the facts and circumstances surrounding these apparent violations, and for the reasons discussed below, we find that the Global Crossing Companies are apparently liable for forfeitures totaling
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  • 0009690256 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Compass Global, Inc. (``Compass'') apparently violated sections 9, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1154, 1.1157, 52.17(a), 52.32(a), 54.706(a), and 64.604(c)(5)(iii)(A) of the Commission's rules, by willfully or repeatedly failing to make the required regulatory payments as well as to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for the North American Numbering Plan (``NANP'') administration and Local Number Portability (``LNP''). Based on our review of the facts
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  • this case, and thus the precise amount of any damages due will be calculated in a separate proceeding. We note, moreover, that if Farmers had been providing interstate end-user telecommunications services to Qwest or the conference calling companies, then Farmers should have timely reported revenues from those end-user services and paid universal service contributions based on them. 47 C.F.R. � 54.706. [Redacted confidential information regarding Farmers' Form 499 filings.] As Qwest points out, in a factually similar case involving calls to a chat line, the Commission held that a sham arrangement ``designed solely to extract inflated access charges from IXC's'' constituted an unreasonable practice in connection with access service that violated section 201(b) of the Act. Total Telecomms. Servs., Inc., and
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  • 200932080022 FRN No. 0015301732 NOTICE 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
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  • $10,000 is not required to contribute to the USF. See supra n. 23. Any entity required to contribute to the USF whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues may contribute based only on the entity's projected collected interstate end-user telecommunications revenues. 47 C.F.R. � 54.706(c). Because Omniat characterizes itself primarily as an ``international long distance provider'' providing the ability to ``[c]all from anywhere in the world, to anywhere in the world,'' we do not, at this time, have the revenue information needed to determine whether Omniat has had sufficient interstate and international revenue to be liable for USF contributions since 2003. See Omniat home page,
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  • this Order, we adopt the attached Consent Decree between the Federal Communications Commission (``Commission'') and Global Crossing (as defined below). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (``NAL'') by the Commission against Global Crossing for apparent violations of sections 254(d) and 225 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. The Commission and Global Crossing 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
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  • File No. L-OO-72, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518, 7536, para. 34 (2006) (Interim Contribution Methodology Order), aff'd in part and rev'd in part, Vonage Holdings Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). Interim Contribution Methodology Order, 21 FCC Rcd at 7540-41, para. 43. Id. at 7541, para. 44. 47 C.F.R. � 54.706; Tex. Office of Pub. Util. Counsel v. FCC, 183 F.3d 393, 447 (5th Cir. 1999) (TOPUC). Interim Contribution Methodology Order, 21 FCC Rcd at 7544-45, para. 53. Id. at 7547, para. 57; see also id. at 7535 n.115, 7547 n.190. The Commission initially required interconnected VoIP providers to obtain the agency's approval of their traffic studies before using them to
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  • See, e.g., 47 U.S.C. � 503; 47 C.F.R. � 1.80; see also Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, CI Docket No. 95-6, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). See 47 U.S.C. � 309(j). See 47 U.S.C. � 254(d); 47 C.F.R. � 54.706. See, e.g., 31 U.S.C. � 3512(b) (mandating the establishment and maintenance of systems of accounting and internal controls); 4 C.F.R. � 102.1(a) (requiring agencies to ``take aggressive action, on a timely basis, to collect all claims of the United States''); 4 C.F.R. � 102.17 (requiring agencies to establish procedures to identify the causes of overpayments, delinquencies, and defaults, and the
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  • ) File No. EB-09-IH-1176 NAL/Acct. No. 201032080022 FRN No. 0004325320 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2010 Released: March 30, 2010 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Globalcom, Inc. (``Globalcom''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 54.711(a) of the Commission's rules, by willfully or repeatedly failing to make required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund (``USF''). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that Globalcom is apparently liable for a total forfeiture
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  • Federal-State Joint Board on Universal Service, Order on Remand, 18 FCC Rcd 14976, para. 14 (2003) (targeting IAS to $650 million per year). Interim Cap Order, 23 FCC Rcd at 8837, para. 5. Support for the universal service fund derives from assessments paid by providers of interstate telecommunications services and certain other providers of interstate telecommunications. See 47 C.F.R. � 54.706. Fund contributors are permitted to, and almost always do, pass those contribution assessments through to their end-user customers. See 47 C.F.R. � 54.712. Fund assessments paid by contributors are determined by applying the quarterly contribution factor to the contributors' contribution base revenues. See Proposed Second Quarter 2001 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, 16 FCC Rcd
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  • at 33-36. Qwest II Remand NPRM, 20 FCC Rcd at 19746, para. 34. PRTC Comments at 41. See PRTC Petition for Reconsideration at 22; PRTC White Paper at 27, 29; MMTC Reply Comments at 5. Support for the USF derives from assessments paid by providers of interstate telecommunications services and certain other providers of interstate telecommunications. See 47 C.F.R. � 54.706. Fund contributors are permitted to, and almost always do, pass those contribution assessments through to their end-user customers. See 47 C.F.R. � 54.712. Fund assessments paid by contributors are determined by applying the quarterly contribution factor to the contributors' contribution base revenues. Alenco, 201 F.3d at 620; see also Qwest II, 398 F.3d at 1234 (10th Cir. 2005). Indeed, this
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  • File No. EB-09-IH-1219 NAL/Acct. No. 201032080024 FRN No. 0004266938 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 4, 2010 Released: May 6, 2010 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that NTS Communications, Inc. (``NTS''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules, by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF''). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that NTS is apparently liable for a total forfeiture of $284,250. We find this significant forfeiture is warranted based on
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  • statute that have different purposes); U S West Communications, Inc. v. FCC, 177 F.3d 1058, 1059-60 (D.C. Cir. 1999) (noting that the term ``provide'' used in different places in the Communications Act can be subject to different meanings depending on context). See 47 C.F.R. �� 1.47, 6.1, 6.3(e), 12.3, 43.11, 52.12, 52.13, 52.17, 52.21(h), 52.32, 52.33, 52.34, 52.35(e)(1), 52.36(d), 54.5, 54.706, 54.708, 63.60, 64.2003, 64.2005. 47 C.F.R. �� 1.1200 et seq. Pub. L. No. 107-198. 44 U.S.C. � 3506(c)(4). Location Accuracy FNPRM and NOI at Appendix. See 5 U.S.C. � 603. The RFA, see 5 U.S.C. � 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110
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  • Adopted: December 5, 2011 Released: December 5, 2011 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Kajeet, Inc. (``Kajeet'') and its wholly-owned subsidiary Kajeet/Airlink, LLC (``Kajeet/Airlink'') (collectively, the ``Companies'') apparently violated sections 225(b)(1), 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 52.32(a), 54.706(a), and 64.604(c)(5)(iii)(A) of the Commission's rules, by apparently willfully and repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and the Local Number Portability (``LNP'') cost recovery mechanism. In addition, we find that Kajeet/Airlink apparently violated section 214 of the Act and section 63.24 of the Commission's rules, by apparently
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  • 0015301732 FORFEITURE ORDER Adopted: March 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
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  • interconnected voice over Internet Protocol (VoIP) providers to contribute to the universal service fund because they are providers of interstate telecommunications). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9179, para. 787 (1997) (Universal Service First Report and Order) (subsequent history omitted). Id. at 9171, para. 772; 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 9179, para. 787. The Commission's rules exempt certain providers from the contribution requirement. Universal Service First Report and Order, 12 FCC Rcd at 9207, para. 846. Id. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos.
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  • an assessment of broadband Internet access services affect the distribution of contributions among various industry segments? Would assessing retail broadband Internet access service eliminate the current competitive disparity that exists today between providers that contribute on their broadband transmission (small rate of return companies) and their competitors, who do not? Listing of Services Subject to Universal Service Contribution Assessment Section 54.706 of our rules sets forth a non-exhaustive list of services that are currently included in the contribution base. Should we continue to specify in our codified regulations specific services that are subject to assessment? Should that list be updated to reflect marketplace changes over the last decade? Does it advance our potential goals for reform of providing predictability and simplifying
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  • minimis carriers. We also seek comment on whether and how carriers should true-up contribution amounts to reflect changes in their de minimis status during the relevant reporting period. Limited International Revenues Exception We also seek comment on whether to modify the limited exception to our contribution requirements for carriers with a low percentage of interstate end-user telecommunications revenues. Under section 54.706(c) of our rules, a provider of interstate and international telecommunications is not required to contribute based on its international telecommunications end-user revenues if its interstate end-user telecommunications revenues constitute less than eight percent of its combined interstate and international end-user telecommunications revenues. The rule is intended to exclude from the contribution base the international end-user telecommunications revenues of any telecommunications
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  • defined in the Administrator's by-laws. The budgets prepared by each Committee shall be subject to Board review as part of the Administrator's combined budget. The Board shall not modify the budgets prepared by the Committees of the Board unless such modification is approved by a two-thirds vote of a quorum of the Board, as defined in the Administrator's by-laws. Secs. 54.706 - 54.714 remain unchanged. Sec. 54.715 Administrative expenses of the Administrator. (a) The annual administrative expenses of the Administrator should be commensurate with the administrative expenses of programs of similar size, with the exception of the salary levels for officers and employees of the Administrator described in paragraph (b) of this section. The annual administrative expenses may include, but are
• http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf
  • 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 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
• http://transition.fcc.gov/eb/Orders/2001/da011014.doc http://transition.fcc.gov/eb/Orders/2001/da011014.html
  • In the Matter of ) File No. EB 00-IH-0241 ) TRS Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 FORFEITURE ORDER Adopted: April 19, 2001 Released: April 20, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order, we find that Advanced Telecom. Network, Inc. (``Advanced'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that Advanced is liable for a forfeiture in the amount of forty-six thousand seven hundred dollars ($46,700), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 2, 2001, the Commission, by the Chief, Enforcement Bureau, acting pursuant
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  • ) File No. EB 00-IH-0054 ) TRS Company Code: 815576 North American Telephone Network, LLC ) NAL/Acct. No. x32080026 FORFEITURE ORDER Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we find that North American Telephone Network, LLC (``NATN'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering NATN's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that NATN is liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000), the amount
• http://transition.fcc.gov/eb/Orders/2001/da01542.doc http://transition.fcc.gov/eb/Orders/2001/da01542.html
  • Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Advanced Telecom. Network, Inc. (``Advanced'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Advanced is apparently liable for a forfeiture in the amount of $46,700. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
• http://transition.fcc.gov/eb/Orders/2001/fcc01048.doc http://transition.fcc.gov/eb/Orders/2001/fcc01048.html
  • EB -00-IH-0057 ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 FORFEITURE ORDER Adopted: February 8, 2001 Released: February 20, 2001 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Matrix Telecom, Inc. (``Matrix'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Matrix's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Matrix is liable for a forfeiture in the
• http://transition.fcc.gov/eb/Orders/2001/fcc01106.doc http://transition.fcc.gov/eb/Orders/2001/fcc01106.html
  • No. EB-01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2001 Released: March 29, 2001 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that PTT Telekom, Inc. (``PTT'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that PTT is apparently liable for a forfeiture in the amount of $137,000. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
• http://transition.fcc.gov/eb/Orders/2001/fcc01187.doc http://transition.fcc.gov/eb/Orders/2001/fcc01187.html
  • Commission Washington, D.C. 20554 In the Matter of ) File No. EB 01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 FORFEITURE ORDER Adopted: June 13, 2001 Released: June 15, 2001 By the Commission: 1. In this Forfeiture Order, we find that PTT Telekom, Inc. (``PTT'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that PTT is liable for a forfeiture in the amount of one hundred thirty-seven thousand dollars ($137,000), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 29, 2001, the Commission issued the NAL to PTT. We issued
• http://transition.fcc.gov/eb/Orders/2003/FCC-03-231A1.html
  • No. 0009652801 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: September 26, 2003 Released: September 30, 2003 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL'') and Order, we find that Globcom, Inc. (``Globcom''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), 1 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules2 by willfully and repeatedly failing to contribute to the Universal Service Fund and the Telecommunications Relay Service (``TRS'') Fund. We also find that Globcom apparently violated section 54.711(a) of the Commission's rules by willfully and repeatedly failing to file complete and accurate interstate and international revenue information.3 Based on our review of the facts
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2828A1.html
  • Cellular, Inc. d/b/a 0870-20 Innovative Wireless ORDER Adopted: September 22, 2004 Released: September 23, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively, ``ICC Entities'') of sections 52.17, 54.706, and 64.604 of the Commission's rules (``Rules''), 47 C.F.R. 52.17, 54.706 and 64.604, in connection with the Universal Service Fund (``USF''), Telecommunications Relay Services (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund contribution requirements.1 2. The Bureau and Innovative Communications Corporation (``ICC''), the holding company of the ICC Entities, have negotiated the terms of a Consent Decree
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2828A2.html
  • (the ``Bureau'') of the Federal Communications Commission (``FCC'' or ``Commission'') and Innovative Communications Corporation (``ICC''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively ``ICC Entities'') violated Sections 52.17, 54.706(a), and 64.604 of the Commission's rules, 47 C.F.R. 52.17, 54.706(a), and 64.604, requiring carriers providing interstate telecommunications services to contribute to the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund. 2. For purposes of this Consent Decree, the following definitions shall apply: (a) The ``Act'' means the Communications Act
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2852A1.html
  • New Edge Network, Inc. ) Acct. No. 200432080185 ) ) FRN No. 0003-7204-71 ORDER Adopted: September 10, 2004 Released: September 13, 2004 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by New Edge Network, Inc. (``New Edge'') of section 254 of the Communications Act of 1934, as amended,1 and sections 54.706, 54.711, 54.713,2 and related provisions of the Commission's rules in connection with the universal service support mechanism reporting and contribution requirements.3 2. The Bureau and New Edge have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the terms
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3014A1.html
  • 5 1 - 4 4 Corporation ORDER Adopted: September 23, 2004 Released: September 24, 2004 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by Manhattan Telecommunications Corporation, a wholly owned subsidiary of Metropolitan Telecommunications Holding Company (``Company''), of section 254 of the Communications Act of 1934, as amended,1 and sections 54.706 and 64.6042 and related provisions of the Commission's rules concerning reporting and contribution requirements for the universal service and telecommunications relay service funds.3 2. The Bureau and Company have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3353A1.html
  • ) File No. EB-04-IH-0142 ) ) Acct. No. 200532080008 TON Services, Inc. ) ) FRN No. 0005-0237-26 ORDER Adopted: October 27, 2004 Released: October 28, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by TON Services, Inc. (``TON'') of section 254 of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, 47 U.S.C. 254, 47 C.F.R. 52.17, 54.706, 54.711, 54.713 and 64.604, relating to obligations of carriers to make payments into the Universal Service Fund and Telecommunications Relay Service Fund.1 2. The Enforcement Bureau (``Bureau'') and TON have negotiated the terms of the Consent Decree. A copy of the Consent Decree is attached
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3983A1.html
  • number associated with the destination they wish to reach.1 3. In October 2004, the Universal Service Administrative Company referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the Universal Service Fund (``USF''). Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, which requires entities that provide interstate telecommunications to the public to contribute to USF.2 The Bureau sent the LOI to BigZoo by certified mail/return receipt requested, by email, and by facsimile.3 The LOI directed BigZoo to provide certain specified documents and information within twenty calendar days of the date of the letter, i.e., by November 4,
• http://transition.fcc.gov/eb/Orders/2004/DA-04-657A1.html
  • Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-03-IH-0366 ) Acct. No. 200432080021 WestCom Corporation ) FRN No. 0009-6760-99 ) ORDER Adopted: March 12, 2004 Released: March 16, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by WestCom Corporation (``WestCom'') of sections 54.706, 54.711, 54.713, and related provisions of the Commission's rules (``Rules''), 47 C.F.R. 54.706, 54.711 and 54.713, in connection with the universal service support mechanism reporting and contribution requirements.1 2. The Enforcement Bureau (``Bureau'') and WestCom have negotiated the terms of the Consent Decree. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed
• http://transition.fcc.gov/eb/Orders/2004/DA-04-91A1.html
  • complaints that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's
• http://transition.fcc.gov/eb/Orders/2004/DOC-244194A1.html
  • discontinuance of service. The Bureau was made a party to the Proceeding. 4. On August 20, 2003, the presiding officer issued a Memorandum Opinion and Order8 expanding the hearing to determine whether: 1) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to federal universal service support programs in violation of section 254(d) of the Act9 and section 54.706 of the Commission's rules;10 2) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to the Telecommunications Relay Services (``TRS'') Fund, in violation of section 64.604(c)(5)(iii)(A) of the Commission's rules;11 and 3) BOI, BUZZ, U.S. Bell/LINK had failed to file Telecommunications Reporting Worksheets in violation of sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules.12 The presiding officer
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1907A1.html
  • concerning its failure to contribute to the universal service fund (``USF'') and its failure to file Telecommunications Reporting Worksheets. According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. 4. Following USAC's referral, the Bureau sent QuickLink a Letter of Inquiry (``LOI'') to obtain information concerning whether the company violated section 54.706 of the Commission's rules,3 involving the requirement to contribute to USF.4 The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email.5 The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2392A1.html
  • failure to contribute to the Universal Service Fund (``USF'') and its failure to file Telecommunications Reporting Worksheets as required by Commission rules.5 According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. 3. Following USAC's referral, the Bureau sent QuickLink the LOI to obtain information concerning whether the company violated section 54.706 of the Commission's rules,6 involving the requirement to contribute to USF.7 The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email.8 The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2485A1.html
  • The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Locus for possible violations of the universal service reporting and contribution requirements of section 254 of the Communications Act of 1934, as amended (``the Act'')1 and certain Commission rules relating to universal service, the Telecommunications Relay Service Fund and the North American Numbering Plan Administration, sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules.2 2. The Enforcement Bureau and Locus 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 new evidence relating to this matter, we
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2989A1.html
  • 1. In this Order, 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
• http://transition.fcc.gov/eb/Orders/2005/DA-05-449A1.html
  • and circumstances surrounding this case are set forth in the Notice of Apparent Liability for Forfeiture issued by the Bureau in December 2004, and need not be reiterated at length here.2 BigZoo sells prepaid long distance phone service, and is therefore a telecommunications carrier providing interstate service that is required to contribute to the Universal Service Fund (``USF'') under section 54.706 of the Commission's rules.3 In October 2004, the Universal Service Administrative Company (``USAC'') referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the USF. Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, and directed BigZoo
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • 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 of 1934, as amended (the ``Act''),3 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund.4 II. BACKGROUND 3. The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that providers of such telecommunications comply with the requirements imposed on them by the Act and our rules.5
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • 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 sections 254(d) and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''),3 and sections 54.706(a), 64.604(c)(5)(iii)(A) and 52.17(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for North American Numbering Plan Administration (``NANPA'').4 Finally, we find that Teletronics has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by willfully and repeatedly failing to pay regulatory
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • liable for a total forfeiture of $606,500. 2. We specifically find that Carrera Communications, LP (``Carrera'') has apparently violated sections 54.711(a) and 64.604 of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') or predecessor forms from 1999 through the current date.2 Further, we find that Carrera has apparently violated section 254(d) of the Act and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund.3 We also find that Carrera has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by failing to pay regulatory fees to the Commission.4 Finally, we find that Carrera apparently violated Commission orders by
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
  • that time, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that TMI is apparently liable for a total forfeiture of $280,000. 2. Specifically, we find that TMI has apparently violated sections 254(d) of the Communications Act of 1934, as amended (the ``Act''),1 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').2 We further find that TMI has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules3 by failing to pay regulatory fees to the Commission. II. BACKGROUND 3. The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
  • (``OCMC''), a telecommunications carrier that has been operating 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 the Universal Service Fund (``USF''). Specifically, we find that OCMC has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''),1 and section 54.706(a) of the Federal Communications Commission's rules2 by willfully and repeatedly failing to contribute fully and timely to the USF. Based on our review of the facts and circumstances of this case, and for the reasons discussed below, we find that OCMC is apparently liable for a total monetary forfeiture in the amount of $1,133,761. II. BACKGROUND 2. The Telecommunications Act
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • is apparently liable for a total forfeiture of $282,000. 2. We specifically find that BCE Nexxia Corporation (``BCE Nexxia'') has apparently violated sections 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'').1 We also find that BCE Nexxia has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').2 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally-mandated programs including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • 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 Communications Act of 1934, as amended (the ``Act''),3 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund on a timely basis.4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • 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, as amended (the ``Act''),3 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of Congressionally mandated programs, including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute to
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
  • 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 the Communications Act of 1934, as amended (the ``Act''),3 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') on a timely basis in 2004 and 2005.4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal service program. The failure
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1063A1.html
  • this Order, we adopt 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
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1063A2.html
  • terms of this Consent 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
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1176A1.html
  • investigation. II. BACKGROUND 3. 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)
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1512A1.html
  • the attached Consent Decree 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
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2451A1.html
  • Order, we adopt the 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
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
  • its statutory and regulatory obligations related to the Universal Service Fund ("USF" or "Fund"). Specifically, we find that LPSI has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets ("Worksheets"). Furthermore, we find that LPSI has apparently violated section 254(d) of the Communication's Act of 1934, as amended (the "Act"), and section 54.706(a) of the Federal Communications Commission's (the "Commission") rules by willfully and repeatedly failing to contribute fully and timely to the USF. Based upon the facts and circumstances surrounding this matter, we find that LPSI is apparently liable for a total monetary forfeiture in the amount of $529,000. II. Background 2. The Act codified Congress's historical commitment to promote universal service
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-135A1.html
  • adopt the attached Consent 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
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
  • repeated here at length. TMI is a Maine-based telecommunications provider that offers long distance plans, toll free numbers, and phone cards. In 2002, it began providing these services by reselling intrastate, interstate, and international long-distance services purchased from Global Crossing Bandwidth, Inc. ("Global Crossing"). As such, TMI is subject to the obligations of section 254(d) of the Act and sections 54.706, 1.1154, and 1.1157(a)(1) of our rules. Section 254(d) of the Act requires, among other things, that "[e]very telecommunications carrier [providing] interstate telecommunications services . . . contribute, on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service." Section 54.706 of the Commission's rules requires all telecommunications carriers
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
  • in the Notice of Apparent Liability and Order ("OCMC NAL") previously issued by the Commission, and need not be reiterated here at length. OCMC is an operator service provider ("OSP"), interexchange carrier and toll reseller. As an OSP and reseller of interstate and international long-distance services, OCMC is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. Section 254(d) of the Act requires that "[e]very telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and non-discriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service." Section 54.706 of the Commission's rules requires all telecommunications carriers that provide interstate telecommunications services, and certain
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
  • Order ("Globcom NAL") previously issued by the Commission, and need not be reiterated here at length. Globcom, which does business as Globcom Global Communications, is an interexchange carrier headquartered in Northbrook, Illinois that provides resale telecommunications services. As a reseller of interstate and international long-distance services, Globcom is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. The Commission's rules in effect during the time period in question required all telecommunications carriers that provided interstate telecommunications services, and certain other providers of interstate telecommunications, to contribute to the universal service fund based on their gross billed interstate and international end-user telecommunications revenues. Section 64.604(c)(5)(iii)(A) of our rules also requires Globcom to contribute to the
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2150A1.html
  • in connection with replacing local private line services provisioned under tariff by AT&T prior to the advent of effective special access tariffs). See Universal Service Order, 12 FCC Rcd at 9175, P 780; 9355-56 at Appendix I (stating that private line services qualify as "telecommunications" and adopting rules providing for universal service contributions by interstate telecommunications carriers); 47 C.F.R. S 54.706(a) (stating that entities that provide "interstate telecommunications" -- including "private line service" -- to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered "telecommunications carriers" providing interstate telecommunications services and must contribute to the universal service support mechanisms.). In its August 19, 2005 Letter explaining its reasons
• http://transition.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
  • Inc., 921 Eastwind Drive, Suite 104, Westerville, Ohio 43081. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief Enforcement Bureau 47 C.F.R. S: 54.711(a). 47 U.S.C. S:S: 154(i), 154(j), 218, 403. The Telecommunications Act of 1996 amended the Communications Act of 1934, see Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. S: 254(d). 47 C.F.R. S: 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. See 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."); Universal Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4012A1.html
  • of the Federal Communications 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.
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4016A1.html
  • Form 499-A (2007) (annual "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,
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4019A1.html
  • confirmation of the facsimile 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
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-122A1.html
  • entered into between the Federal Communications Commission (the "Commission") and Verizon Business Global LLC f/k/a MCI, LLC ("Verizon"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against MCI, Inc. ("MCI") 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, and 64.604 of the Commission's rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan Administration ("NANPA"), and regulatory fees. 2. The Commission and Verizon 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
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-165A1.html
  • terms of the Consent Decree and in willful and repeated violation of Section 63.71 of the Commission's rules. 12. The Consent Decree, at paragraph 14(f), required the Kintzel brothers to make all federal universal service contributions by the due date specified in each invoice sent by the USAC. The requirement to pay universal service contributions is also codified in Section 54.706 of the Commission's rules and is critical to maintaining the vitality of the universal service fund and guaranteeing the continued availability of funds. The information before the Commission indicates that one of the Kintzel brothers' companies, Buzz, apparently failed to make 22 required universal service contributions. The Kintzel brothers' apparent utter disregard for their universal service obligations is flatly inconsistent
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
  • Order, we adopt the 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
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-58A1.html
  • 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 Service Fund ("USF"); and (4) section 64.604(c)(5)(iii)(A) of the rules by failing to contribute to the Telecommunications
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
  • 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 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund ("USF") in 2004 and early 2005. II. BACKGROUND A. Obligations to Register, File Periodic Revenue Information, and Contribute to the USF 2. The facts and circumstances surrounding this case are set forth in the NAL, and need not be reiterated here at length. Global Teldata began operations
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
  • issue a forfeiture if it finds by a preponderance of the evidence that the person has willfully or repeatedly violated the Act or a Commission order or rule. 11. We find by a preponderance of the evidence, as discussed in detail in the Carrera NAL and herein, that Carrera has violated section 254(d) of the Act and sections 54.711(a), 64.604(c)(5)(iii), 54.706(a), 1.1154, and 1.1157(b)(1) of the Commission's rules. Specifically, we find based on a preponderance of the evidence that Carrera: (1) willfully and repeatedly failed to file Worksheets and predecessor forms; (2) willfully and repeatedly failed to make requisite contributions toward the Universal Service and TRS Funds; (3) willfully and repeatedly failed to pay regulatory fees to the Commission; and (4)
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1178A1.html
  • Enforcement Bureau: 1. In 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1322A1.html
  • 10, 2008 By 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1336A1.html
  • to sections 4(i), 4(j), 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1920A1.html
  • P:13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to 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/DA-08-2551A1.html
  • Enforcement Bureau (the "Bureau") and Cincinnati Bell, Inc., Cincinnati Bell Telephone Company and Cincinnati Bell Extended Territories, Inc. ("Cincinnati Bell"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Cincinnati Bell for possible violations of sections 9(a)(1), 225(b)(1) and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1151, 1.1154, 1.1157(b)(1), 52.17, 52.32, 54.706, 54.711, 54.713, and 64.604 of the Commission's Rules, relating to universal service, and certain Rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan Administration ("NANPA"), Local Number Portability ("LNP") and regulatory fees. 2. The Bureau and Cincinnati Bell have negotiated the terms of the Consent Decree that resolve this matter. A copy of
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
  • Notice of Apparent Liability for Forfeiture and Order ("NAL"), we find Telrite Corporation ("Telrite") apparently violated sections 52.17(b), 52.32(b), 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by willfully or repeatedly filing inaccurate Telecommunications Reporting Worksheets ("Worksheets") that grossly under-reported its interstate revenue. Telrite also apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and sections 54.706 and 54.711 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund ("USF"); section 225(b)(1) of the Act and section 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully to the Telecommunications Relay Services Fund ("TRS Fund"); section 251(e)(2) of the Act and section 52.17(a) of the Commission's rules
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-130A1.html
  • follows a Notice of Apparent Liability for Forfeiture issued on August 29, 2006. Herein we find that LPSI willfully or repeatedly violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets. We also find that LPSI willfully or repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules by failing to timely contribute to the Universal Service Fund ("USF" or the "Fund"). 2. LPSI's failure to pay Congressionally-mandated USF contributions strikes at the core of the Commission's mission to promote access to affordable, quality telecommunications services for all Americans. In section 254 of the Act, Congress codified the historical commitment to universal service for
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-270A1.html
  • and Notice of Apparent Liability for Forfeiture ("NAL") by the Commission against BCE for possible violations of sections 9, 214, and 254 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S:S: 159, 214, 254, sections 34-39 of the Cable Landing Act, 47 U.S.C. S:S: 34-39, Executive Order No. 10530, and sections 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11 of the Commission's rules, 47 C.F.R. S:S: 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11, regarding violation of the universal service reporting and contribution requirements, as well as international reporting and fee payment requirements. 2. The Commission and BCE have negotiated the terms of the Consent Decree that resolve this matter. A copy of
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that various subsidiaries of Global Crossing North America, Inc. ("Global Crossing") apparently violated sections 254(d) and 225 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF") and Telecommunications Relay Service ("TRS") Fund. Based on our review of the facts and circumstances surrounding these apparent violations, and for the reasons discussed below, we find that the Global Crossing Companies are apparently liable for forfeitures totaling
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Compass Global, Inc. ("Compass") apparently violated sections 9, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1154, 1.1157, 52.17(a), 52.32(a), 54.706(a), and 64.604(c)(5)(iii)(A) of the Commission's rules, by willfully or repeatedly failing to make the required regulatory payments as well as to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, and cost recovery mechanisms for the North American Numbering Plan ("NANP") administration and Local Number Portability ("LNP"). Based on our review of the facts
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1073A1.html
  • the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Supra Telecommunications & Information Systems , Inc. f/k/a Supra Telecommunications & Information Systems Acquisitions Corp. ("Supra"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Supra for possible violations of section 254 of the Communications Act of 1934, as amended (the "Act"), and section 54.706 of the Commission's rules, relating to universal service. 2. The Bureau and Supra 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 find that the public interest would
• http://transition.fcc.gov/eb/Orders/2009/DA-09-16A1.html
  • Commission ("January 18, 2008 Opt-Out Failure Notice"). Id. Id. See Letter of Inquiry from Marcy Greene, Deputy Division Chief, Telecommunications Consumers Division, Enforcement Bureau, to Davida Grant, Senior Attorney, AT&T Inc. (January 31, 2008). See Letter from Davida Grant, Senior Attorney, AT&T Inc., to Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau (February 21, 2008). See generally 47 C.F.R. S:S: 54.706 - 54.713 (outlining requirements for contributions to the federal universal service support mechanisms). See also Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the
• http://transition.fcc.gov/eb/Orders/2009/DA-09-740A1.html
  • 2009 Released: March 31, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Inmate Telephone, Inc. ("Inmate"). The Consent Decree terminates an investigation by the Bureau against Inmate for possible violations of section 254 of the Communications Act of 1934, as amended (the "Act") and sections 54.706 and 54.711 of the Commission's rules relating to reporting and contribution requirements for the universal service fund ("USF"). 2. The Bureau and Inmate 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
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-103A1.html
  • this case, and thus the precise amount of any damages due will be calculated in a separate proceeding. We note, moreover, that if Farmers had been providing interstate end-user telecommunications services to Qwest or the conference calling companies, then Farmers should have timely reported revenues from those end-user services and paid universal service contributions based on them. 47 C.F.R. S: 54.706. [Redacted confidential information regarding Farmers' Form 499 filings.] As Qwest points out, in a factually similar case involving calls to a chat line, the Commission held that a sham arrangement "designed solely to extract inflated access charges from IXC's" constituted an unreasonable practice in connection with access service that violated section 201(b) of the Act. Total Telecomms. Servs., Inc., and
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
  • ) ) NOTICE OF APPARENT 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
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
  • $10,000 is not required to contribute to the USF. See supra n. 23. Any entity required to contribute to the USF whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues may contribute based only on the entity's projected collected interstate end-user telecommunications revenues. 47 C.F.R. S: 54.706(c). Because Omniat characterizes itself primarily as an "international long distance provider" providing the ability to "[c]all from anywhere in the world, to anywhere in the world," we do not, at this time, have the revenue information needed to determine whether Omniat has had sufficient interstate and international revenue to be liable for USF contributions since 2003. See Omniat home page,
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-55A1.html
  • this Order, we adopt the attached Consent Decree between the Federal Communications Commission ("Commission") and Global Crossing (as defined below). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture ("NAL") by the Commission against Global Crossing for apparent violations of sections 254(d) and 225 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF") and Telecommunications Relay Service ("TRS") Fund. 2. The Commission and Global Crossing 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.
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1250A1.html
  • See Letter from Thomas Lynch, Counsel for Global Information Technologies, to Marlene H. Dortch, Secretary, FCC, dated Sept. 10, 2008. See Letter from Thomas Lynch, Counsel for Global Information Technologies, to Marlene H. Dortch, Secretary, FCC and Marcy Green, Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau, FCC, dated Mar. 10, 2009 ("GIT Omnibus NAL Response") See generally 47 C.F.R. S:S: 54.706 - 54.713 (outlining requirements for contributions to the federal universal service support mechanisms). See also Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1290A1.html
  • contribution and other related rules and 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
• http://transition.fcc.gov/eb/Orders/2010/DA-10-418A1.html
  • Adopted: March 18, 2010 Released: March 18, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Comtel Telcom Assets LP ("Comtel"). The Consent Decree terminates an investigation by the Bureau of Comtel's compliance with Section 254(d) of the Communications Act of 1934, as amended, and section 54.706 of the Commission's Rules, relating to payment of Universal Service Fund contributions. 2. The Bureau and Comtel have negotiated the terms of the Consent Decree that resolve this investigation. 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 find that
• http://transition.fcc.gov/eb/Orders/2010/DA-10-418A2.html
  • FRN No. 0013838701 ) ) CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission and Comtel Telcom Assets LP ("Comtel"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of resolving the Enforcement Bureau's investigation of compliance by Comtel with Section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute fully and timely to the Universal Service Fund (USF"). I. DEFINITIONS 2. For purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an order of the Bureau adopting
• http://transition.fcc.gov/eb/Orders/2010/DA-10-672A1.html
  • Best Phone's Petition for Reconsideration of Forfeiture Order (dated June 18, 2008) ("Petition for Reconsideration"). Local Phone Services, Inc., Order of Forfeiture Order, 23 FCC Rcd 8952 (2008) ("Forfeiture Order"). The Forfeiture Order imposed a monetary forfeiture for LPSI's willful and repeated violations of Section 254(d) of the Communications Act of 1934, as amended, 47 U.S.C. S: 254(d), and Sections 54.706(a) and 54.711(a) of the Commission's Rules, 47 C.F.R. S:S: 54.706(a), 54.711(a). The noted violations involved LPSI's failure to timely submit certain Telecommunications Reporting Worksheets and LPSI's failure to timely contribute to the Universal Service Fund. The granting of LPSI's request herein does not affect the validity of the Forfeiture Order. Cancellation of the Certificate of Convenience and Authority Previously Granted
• http://transition.fcc.gov/eb/Orders/2010/DA-10-692A1.html
  • we adopt the attached 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
• http://transition.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • Vice President of Operations/General Manager 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,
• http://transition.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • Jerkunica Chief Executive Officer 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
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • Liability for Forfeiture FRN No. 0004325320 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2010 Released: March 30, 2010 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Globalcom, Inc. ("Globalcom"), apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 54.711(a) of the Commission's rules, by willfully or repeatedly failing to make required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund ("USF"). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that Globalcom is apparently liable for a total forfeiture
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • for Forfeiture FRN No. 0004266938 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 4, 2010 Released: May 6, 2010 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that NTS Communications, Inc. ("NTS"), apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules, by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF"). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that NTS is apparently liable for a total forfeiture of $284,250. We find this significant forfeiture is warranted based on
• http://transition.fcc.gov/eb/Orders/2011/DA-11-666A1.html
  • ) )) ORDER Adopted: 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
• http://transition.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
  • FORFEITURE ORDER Adopted: March 9, 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
• http://transition.fcc.gov/eb/Orders/2012/DA-12-267A1.html
  • Bureau: 1. In this 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
• http://transition.fcc.gov/eb/Orders/2012/DA-12-612A1.html
  • the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Telrite Corporation (Telrite). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (NAL) by the Commission against Telrite for possible violations of Sections 9(a)(1), 225(b)(1), 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157(b)(1), 52.17(a), 52.17(b), 52.32(a), 52.32(b), 54.706, 54.711, 64.604(c)(5)(iii)(A), and 64.604(c)(5)(iii)(B) of the Commission's rules concerning the payment of annual regulatory fees; contributions to the Universal Service Fund and Telecommunications Relay Services Fund; contributions to cost-recovery mechanisms for North American Numbering Plan and Local Number Portability 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/da001746.doc http://transition.fcc.gov/eb/Orders/da001746.txt
  • NAL/Acct. No. x32080026 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 2, 2000 Released: August 4, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that North American Telephone Network, LLC (``NATN'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that NATN is apparently liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications
• http://transition.fcc.gov/eb/Orders/fcc00261.doc http://transition.fcc.gov/eb/Orders/fcc00261.txt
  • Intellicall Operator Services ) NAL/Acct. No. 32080023 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Intellicall Operator Services (``Intellicall'') has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Intellicall is apparently liable for a forfeiture in the amount of $198,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://transition.fcc.gov/eb/Orders/fcc00262.doc http://transition.fcc.gov/eb/Orders/fcc00262.txt
  • ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Matrix Telecom, Inc. has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Matrix is apparently liable for a forfeiture in the amount of $113,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://transition.fcc.gov/eb/Orders/fcc00276.doc http://transition.fcc.gov/eb/Orders/fcc00276.txt
  • America's Tele-Network Corp. ) NAL/Acct. No. x32080024 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 27, 2000 Released: August 1, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that America's Tele-Network Corp. (``ATNC'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that ATNC is apparently liable for a forfeiture in the amount of one hundred fifty-four thousand dollars ($154,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that:
• http://transition.fcc.gov/eb/Orders/fcc00390.doc http://transition.fcc.gov/eb/Orders/fcc00390.html http://transition.fcc.gov/eb/Orders/fcc00390.txt
  • No. EB-00-IH-0055 ) INTELLICALL OPERATOR SERVICES ) NAL/Acct. No. X32080023 FORFEITURE ORDER Adopted: October 27, 2000 Released: November 1, 2000 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Intellicall Operator Services (``Intellicall'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully failing to make a required contribution to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Intellicall's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Intellicall is liable for a forfeiture in the amount
• http://transition.fcc.gov/eb/Orders/fcc00423.doc http://transition.fcc.gov/eb/Orders/fcc00423.html http://transition.fcc.gov/eb/Orders/fcc00423.txt
  • ) File No. EB 00-IH-0053 ) America's Tele-Network Corp. ) NAL/Acct. No. x32080024 FORFEITURE ORDER Adopted: November 30, 2000 Released: December 5, 2000 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, we find that America's Tele-Network Corp. (``ATNC'') has violated section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering ATNC's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that ATNC is liable for a forfeiture in the amount of one hundred
• http://transition.fcc.gov/eb/Public_Notices/DA-04-437A2.html
  • See OSC, 18 F.C.C. Rcd at 6894-95 ( 39). By Memorandum Opinion and Order, FCC 03M-33, released August 20, 2003 (``MO&O''), additional issues were specified to determine whether BOI and its related entities, Buzz Telecom Corp. (``Buzz''), U.S. Bell and/or Link Technologies (collectively, ``U.S. Bell'') failed to make required universal service contributions in violation of 254(d) of the Act and 54.706 of the Commission's rules (Issue g); to determine whether BOI, Buzz and/or U.S. Bell had failed to make required contributions to the Telecommunications Relay Services Fund in violation of 64.604(c)(5)(iii)(A) of the Commission's rules (Issue h); and to determine whether BOI, Buzz and/or U.S. Bell failed to file Telecommunications Reporting Worksheets (``Worksheets'') in violation of 54.711, 54.713 and 64.604(c)(iii)(B) of
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99235.doc
  • price cap incumbent LEC." A price cap LEC may not elect to participate in this support mechanism unless it also elects to participate in the interstate access charge rules described in Parts 61.--- and 69.---. Nothing in this subsection alters a carrier's obligation, or the obligations of providers of interstate telecommunications, to contribute to universal service support pursuant to Section 54.706 and 54.709. Support that would be provided, if such incumbent LECs participated in this Subpart, to areas served by price cap incumbent LECs not electing to participate in this Subpart will not be distributed or collected. In the event that all or a portion of a study area served by a participating price cap LEC is sold to an entity
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2000/fcc00359.doc
  • and necessary and appropriate for the protection of the public interest, convenience, and necessity. 47 U.S.C. � 254(b)(7). At the recommendation of the Joint Board, the Commission adopted competitive neutrality as an additional principle for universal service. Universal Service Order, 12 FCC Rcd at 8801-03, paras. 46-51. Universal Service Order, 12 FCC Rcd at 9206-09, paras. 844-50. 47 C.F.R. � 54.706(a) ("Entities that provide interstate telecommunications to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered telecommunications carriers providing interstate telecommunications services and must contribute to the universal service support programs. . . ."). Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.txt
  • minimis carriers. We also seek comment on whether and how carriers should true-up contribution amounts to reflect changes in their de minimis status during the relevant reporting period. Limited International Revenues Exception We also seek comment on whether to modify the limited exception to our contribution requirements for carriers with a low percentage of interstate end-user telecommunications revenues. Under section 54.706(c) of our rules, a provider of interstate and international telecommunications is not required to contribute based on its international telecommunications end-user revenues if its interstate end-user telecommunications revenues constitute less than eight percent of its combined interstate and international end-user telecommunications revenues. The rule is intended to exclude from the contribution base the international end-user telecommunications revenues of any telecommunications
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • defined in the Administrator's by-laws. The budgets prepared by each Committee shall be subject to Board review as part of the Administrator's combined budget. The Board shall not modify the budgets prepared by the Committees of the Board unless such modification is approved by a two-thirds vote of a quorum of the Board, as defined in the Administrator's by-laws. Secs. 54.706 - 54.714 remain unchanged. Sec. 54.715 Administrative expenses of the Administrator. (a) The annual administrative expenses of the Administrator should be commensurate with the administrative expenses of programs of similar size, with the exception of the salary levels for officers and employees of the Administrator described in paragraph (b) of this section. The annual administrative expenses may include, but are
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00332.doc
  • Act - Competitive Bidding, MM Docket No. 94-31 and PP Docket No. 93-253, Report and Order, 10 FCC Rcd 9589 (1995). One of these small entities, O'ahu Wireless Cable, Inc., was subsequently acquired by GTE Media Ventures, Inc., which did not qualify as a small entity for purposes of the MDS auction. 13 C.F.R. � 121.201. See 47 C.F.R. � 54.706. See, e.g., 47 C.F.R. �� 54.401(d), 54.407(c). See 5 U.S.C. � 603. 47 U.S.C. � 254(d); 47 C.F.R. � 54.706. See 47 C.F.R. �54.705. See 47 C.F.R. �1.3 47 C.F.R. �� 1.415, 1.419. Good cause exists to make this order effective upon release, see 5 U.S.C. � 553(d), because it relieves a restriction and because absent this order, carriers would
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00449.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00449.txt
  • under certain circumstances a state telecommunications network might qualify as a `telecommunications carrier.''' ICN Declaratory Ruling, 14 FCC Rcd at 3050. We note that, to date, ICN is the only such network to seek a common carrier designation. Fourth Order on Reconsideration, 13 FCC Rcd at para. 104. 47 U.S.C. � 251. See 47 U.S.C. � 254(d); 47 C.F.R. �� 54.706, et seq.; see also First Report and Order, 12 FCC Rcd at 9173; see also Fourth Order on Reconsideration, 13 FCC Rcd at 5476. See, e.g., 47 U.S.C. � 208. As a common carrier, ICN is also eligible to receive direct reimbursement from the Commission's rural health care support mechanism to the extent it provides supported telecommunications services to eligible
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FCC Form 499-Q, March 2001 Approved by OMB 3060-0855 Estimated Average Burden Hours Per Response: 6 Hours Telecommunications Reporting Worksheet, FCC Form 499-Q Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms * * * * * NOTICE TO INDIVIDUALS: Sections 54.706, 54.711, and 54.713 of the Federal Communications Commission's rules require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Telecommunications Reporting Worksheet (FCC Form 499-Q) on February 1, May 1, August 1,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01268.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01268.txt
  • AT&T, Report and Order and Order on Reconsideration, CC Docket No. 96-45, FCC 01-85 (rel. March 14, 2001) (Contribution Order). 47 U.S.C � 254. 47 U.S.C. � 254(d). Federal-State Joint Board on Universal Service, Report and Order, CC Docket No. 96-45, 12 FCC Rcd 8776 at 9173-9179, paras. 777-786 (1997) (subseq. history omitted) (Universal Service Order). See 47 C.F.R. � 54.706(a) (``Entities that provide interstate telecommunications to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered telecommunications carriers providing interstate telecommunications services and must contribute to the universal service support programs.''). 47 C.F.R. �� 54.706, 54.709. 47 C.F.R. � 54.709. Federal Transtel Petition at 3. Federal Transtel asserts
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000517.doc
  • for the first quarter of 2000). See Letter of Robert Haga, Universal Service Administrative Company, to Magalie R. Salas, FCC, dated February 24, 2000. The revenues on which contributions are assessed in the first and second quarters of 2000 are the revenues reported on the September 1999 Worksheet for the period from January through June 1999. See 47 C.F.R. � 54.706(c). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, CC Docket No. 96-262, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, Sixth Report and Order in CC Docket No. 96-262, FCC 99-290, at paras. 15, 19-29 (rel. Oct. 8, 1999). See USAC Filing for
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/telrev02.pdf
  • are determined by region of the country rather than on a nationwide basis. 2/International revenues are excluded from the contribution base if the total of amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. �54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). 14 Table 5 Revenues from Telecommunications Service Provided for Resale 1/: 2002 (Dollar Amounts
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/telrev03.pdf
  • determined by region of the country rather than on a nationwide basis. 2/International revenues are excluded from the contribution base if the total of amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat01.pdf
  • more than one service, the sum of the numbers in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers required to contribute a portion of their interstate end- user revenues to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service. The primary reason only 2,124 of the 5,679 filers actually contribute to the universal service fund is that no contribution is
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat02.pdf
  • provision of more than one service, the sum of the numbers in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenues to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service. The primary reason only 2,340 of the 5,364 filers actually contribute to the universal service fund is that no contribution is
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat03.pdf
  • service, the sum of the number of filers by service type in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenues to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate 4 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat04.pdf
  • service, the sum of the number of filers by service type in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenues to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are 4 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-1.pdf
  • are determined by region of the country rather than on a nationwide basis. International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). Source: Industry Analysis and Technology Division, Wireline Competition Bureau, Telecommunications Industry Revenues (March 2004).
• http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/fcc00261.doc
  • Intellicall Operator Services ) NAL/Acct. No. 32080023 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Intellicall Operator Services (``Intellicall'') has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Intellicall is apparently liable for a forfeiture in the amount of $198,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/fcc00262.doc
  • ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Matrix Telecom, Inc. has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Matrix is apparently liable for a forfeiture in the amount of $113,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001746.doc
  • NAL/Acct. No. x32080026 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 2, 2000 Released: August 4, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that North American Telephone Network, LLC (``NATN'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that NATN is apparently liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00276.doc
  • America's Tele-Network Corp. ) NAL/Acct. No. x32080024 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 27, 2000 Released: August 1, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that America's Tele-Network Corp. (``ATNC'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that ATNC is apparently liable for a forfeiture in the amount of one hundred fifty-four thousand dollars ($154,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that:
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.html
  • Docket No. 93-144/RM 8117, RM 8030, RM 8029)/Implementation of Sections 3(n) and 322 of the Communications Act - Regulatory Treatment of Mobile Services (GN Docket No. 93-252). Reply Comments to Opposition to Petition for Reconsideration - American Mobile Telecommunications, Inc. In the Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45)/Petitions for Waiver or Reconsideration of Section 54.706, 54.709, and/or 54.711 of the Commission's Rules filed by Affinity Corporation, Hotel Communications,Inc., LDC Telecommunications, Inc., MobileTel, Inc., National Telephone & Communications, Inc., Network Operator Services, Inc., Operator Communications, Inc., U.S. Network, Inc. Opposition - BellSouth Corporation. April 21 In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, (Madisonville, and College Station, Texas)(MM Docket No.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990419.html
  • LLC NSD File No. ETC-99-01. Granted Application of Lattice Communications, LLC for a determination of ETC status. Action by Chief, Network Services Division. by Letter. (DA No. 99-747). CCB Internet URL: [11]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da990747.wp FEDERAL-STATE BOARD ON UNIVERSAL SERVICE. Denied Startec Global Communications Corporation's requests that the Commission waive, or forbear from enforcing, the universal service contribution requirement set forth in section 54.706 of the Commission's rules. Dkt No.: CC- 96-45. Action by the Commission. Adopted: April 16, 1999. by MO&O. (FCC No. 99-75). CCB Internet URL: [12]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99075.wp HI-TECH FURNACE SYSTEMS, INC. AND ROBERT E. KORNFELD, COMPLAINANTS, V. SPRINT COMMUNICATIONS COMPANY, LP, DEFENDANT. Denied, in its entirety, Hi-Tech Furnace Systems, Inc.'s and Robert E. Kornfeld's Complaint against Sprint Communications Company, L.P. alleging that
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd991014.html
  • Commercial Wireless Division: Steve A. Mackoul at (202) 418-7240. News Media Contact: Meribeth McCarrick (202) 418-0654. Internet URL: [32]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992165.do c ----------------------------------------------------------------------- --- SPEECHES ----------------------------------------------------------------------- --- STATEMENT OF FCC CHAIRMAN WILLIAM E. KENNARD ON PASSAGE OF WIRELESS 911 LEGISLATION. Internet URL: [33]http://www.fcc.gov/Speeches/Kennard/Statements/stwek964.html ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE. Denied Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commissions Rules filed by Affinity Corporation, Hotel Communications, Inc., LDC Telecommunications, Inc., MobileTel, Inc., National Telephone & Communications, Inc., Network Operator Services, Inc., Operator Communications, Inc., U.S. Network, Inc. By Memorandum Opinion and Order and Seventeenth Order on Reconsideration. Dkt No.: CC-96-45. Action by the Commission. Adopted: October 6, 1999. by MO&O. (FCC No. 99-280).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000801.html
  • May 16, 2000, by Queen of Peace Radio, Inc. and canceled forfeiture. Action by the Commission. Adopted: July 28, 2000. by MO&O. (FCC No. 00-278). ENF Internet URL: [24]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00278.doc AMERICA'S TELE-NETWORK CORPORATION. Found America's Tele-Network Corporation apparently liable for a forfeiture in the amount of $154,000 for violating section 254(d) of the Communications Act of 1934, as amended, and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. By Notice of Apparent Liability for Forfeiture. Action by the Commission. Adopted: July 27, 2000. by NAL. (FCC No. 00-276). ENF Internet URL: [25]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00276.doc BAY BROADCASTING CORPORATION/NEW NORTHWEST BROADCASTERS II, INC. Dismissed as anuntimely request for reconsideration a July 14, 2000, letter (received July
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010302.html
  • 73.3999 of the Commission's rules.. Action by: Chief, Enforcement Bureau. Adopted: 02/28/2001 by Forfeiture Order. (DA No. 01-537). ENF [93]DA-01-537A1.pdf [94]DA-01-537A1.doc [95]DA-01-537A1.txt ADVANCED TELECOM. NETWORK, INC.. Issued Advanced Telecom Network, Inc. a monetary forfeiture in the amount of $46,700 for apparent willful and repeated failures to make required universal service contributions in accordance with 47 U.S.C. 254(d) and 47 C.F.R. 54.706. Action by: Chief, Enforcement Bureau. Adopted: 02/28/2001 by NALF. (DA No. 01-542). ENF [96]DA-01-542A1.pdf [97]DA-01-542A1.doc [98]DA-01-542A1.txt NORTH AMERICAN TELEPHONE NETWORK, LLC. Issued the North American Telephone Network, LLC for a monetary forfeiture in the amount of $55,000 for willful and repeated failures to make required universal service contributions in accordance with 47 U.S.C. 254(d) and 47 C.F.R. 54.706.. Action by:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020408.html
  • PROVISIONS OF THE TELECOMMUNICATIONS ACT OF 1996. Erratum correcting the reply date to the inmate payphone NPRM released February 21, 2002. (Dkt No. 96-128). Action by: Chief, Pricing Policy Division by ERRATUM. (DA No. 02-778). WCB [24]DOC-221415A1.doc [25]DOC-221415A1.pdf [26]DOC-221415A1.txt WJG MARITEL CORPORATION. Granted the request to withdraw petition for waiver, and dismissed without prejudice the petiiton for waiver of section 54.706 of the Commission's rules and regulations. (Dkt No. 96-45). Action by: Chief, Telecommunications Access Policy Division. Adopted: 04/05/2002 by ORDER. (DA No. 02-775). WCB [27]DA-02-775A1.doc [28]DA-02-775A1.pdf [29]DA-02-775A1.txt CELLULAR SOUTH LICENSE, INC.. Granted the request to withdraw the petition for waiver, and dismissed without prejudice the petition for waiver of section 54.313 of the Commission's rules and regulations. (Dkt No. 96-45).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090401.html
  • (Dkt No 09-47). Comments Due: 04/10/2009. Reply Comments Due: 04/17/2009. WCB. Contact: Randy Clarke or Jeremy Miller at (202) 418-0940 [54]DA-09-741A1.doc [55]DA-09-741A1.pdf [56]DA-09-741A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- INMATE TELEPHONE, INC. Adopted the Consent Decree and terminated an investigation by the Bureau against Inmate Telephone, Inc. for possible violations of section 254 of the Communications Act of 1934, and sections 54.706 and 54.711 of the Commission's rules. Action by: Chief, Enforcement Bureau. Adopted: 03/31/2009 by Order/Consent Decree. (DA No. 09-740). EB [57]DA-09-740A1.doc [58]DA-09-740A1.pdf [59]DA-09-740A1.txt OMNIAT INTERNATIONAL TELECOM, LLC D/B/A OMNIAT TELECOM. Notified Omniat of its apparent liability for a total forfeiture of $330,000 for the apparent violation of sections 9(a)(1), 214(a), 225(b)(1), and 251(e)(2) of the Communications Act of 1934, and
• http://www.fcc.gov/Forms/Form499-A/499a-2001.pdf
  • shall contribute on a competitively neutral basis to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this worksheet. 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Telecommunications Reporting Worksheet (FCC Form 499) twice a year. 47 C.F.R. �� 54.706, 54.711, 54.713. Section 64.604 requires that
• http://www.fcc.gov/Forms/Form499-A/499a-2002.pdf
  • shall contribute on a competitively neutral basis to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this worksheet. 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Telecommunications Reporting Worksheet (FCC Form 499-A) once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times
• http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf
  • neutral basis to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. ��
• http://www.fcc.gov/Forms/Form499-A/499a-2004.pdf
  • to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. ��
• http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf
  • to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, interconnected voice-over-Internet- protocol (VoIP) providers, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times
• http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf
  • to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, interconnected voice-over-Internet- protocol (VoIP) providers, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times
• http://www.fcc.gov/Forms/Form499-A/499a-2008.pdf
  • of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers and interconnected VoIP providers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, interconnected VoIP providers, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year.
• http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf
  • of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers and interconnected VoIP providers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, interconnected VoIP providers, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year.
• http://www.fcc.gov/Forms/Form499-A/499a-2010.pdf
  • of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers and interconnected VoIP providers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, interconnected VoIP providers, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year.
• http://www.fcc.gov/Forms/Form499-A/499a-2011.pdf
  • 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 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
• http://www.fcc.gov/Forms/Form499-A/499a2-2011.pdf
  • 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 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
• http://www.fcc.gov/Forms/Form499-Q/499q.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 FCC Form 499-Q, April 2010 Approval by OMB 3060-0855 Estimated Average Burden Hours Per Response: 10 Hours Telecommunications Reporting Worksheet, FCC Form 499-Q (2010) Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms * * * * * NOTICE: Sections 54.706, 54.711, and 54.713 of the Federal Communications Commission's rules require all telecommunications carriers providing interstate telecommunications services, interconnected voice- over-Internet-protocol (VoIP) providers that provide interstate telecommunications, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Telecommunications Reporting Worksheet (FCC
• http://www.fcc.gov/eb/Orders/2001/da011014.doc http://www.fcc.gov/eb/Orders/2001/da011014.html
  • In the Matter of ) File No. EB 00-IH-0241 ) TRS Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 FORFEITURE ORDER Adopted: April 19, 2001 Released: April 20, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order, we find that Advanced Telecom. Network, Inc. (``Advanced'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that Advanced is liable for a forfeiture in the amount of forty-six thousand seven hundred dollars ($46,700), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 2, 2001, the Commission, by the Chief, Enforcement Bureau, acting pursuant
• http://www.fcc.gov/eb/Orders/2001/da01540.doc http://www.fcc.gov/eb/Orders/2001/da01540.html
  • ) File No. EB 00-IH-0054 ) TRS Company Code: 815576 North American Telephone Network, LLC ) NAL/Acct. No. x32080026 FORFEITURE ORDER Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we find that North American Telephone Network, LLC (``NATN'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering NATN's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that NATN is liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000), the amount
• http://www.fcc.gov/eb/Orders/2001/da01542.doc http://www.fcc.gov/eb/Orders/2001/da01542.html
  • Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Advanced Telecom. Network, Inc. (``Advanced'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Advanced is apparently liable for a forfeiture in the amount of $46,700. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
• http://www.fcc.gov/eb/Orders/2001/fcc01048.doc http://www.fcc.gov/eb/Orders/2001/fcc01048.html
  • EB -00-IH-0057 ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 FORFEITURE ORDER Adopted: February 8, 2001 Released: February 20, 2001 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Matrix Telecom, Inc. (``Matrix'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Matrix's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Matrix is liable for a forfeiture in the
• http://www.fcc.gov/eb/Orders/2001/fcc01106.doc http://www.fcc.gov/eb/Orders/2001/fcc01106.html
  • No. EB-01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2001 Released: March 29, 2001 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that PTT Telekom, Inc. (``PTT'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that PTT is apparently liable for a forfeiture in the amount of $137,000. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
• http://www.fcc.gov/eb/Orders/2001/fcc01187.doc http://www.fcc.gov/eb/Orders/2001/fcc01187.html
  • Commission Washington, D.C. 20554 In the Matter of ) File No. EB 01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 FORFEITURE ORDER Adopted: June 13, 2001 Released: June 15, 2001 By the Commission: 1. In this Forfeiture Order, we find that PTT Telekom, Inc. (``PTT'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that PTT is liable for a forfeiture in the amount of one hundred thirty-seven thousand dollars ($137,000), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 29, 2001, the Commission issued the NAL to PTT. We issued
• http://www.fcc.gov/eb/Orders/2003/FCC-03-231A1.html
  • No. 0009652801 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: September 26, 2003 Released: September 30, 2003 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL'') and Order, we find that Globcom, Inc. (``Globcom''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), 1 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules2 by willfully and repeatedly failing to contribute to the Universal Service Fund and the Telecommunications Relay Service (``TRS'') Fund. We also find that Globcom apparently violated section 54.711(a) of the Commission's rules by willfully and repeatedly failing to file complete and accurate interstate and international revenue information.3 Based on our review of the facts
• http://www.fcc.gov/eb/Orders/2004/DA-04-2828A1.html
  • Cellular, Inc. d/b/a 0870-20 Innovative Wireless ORDER Adopted: September 22, 2004 Released: September 23, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively, ``ICC Entities'') of sections 52.17, 54.706, and 64.604 of the Commission's rules (``Rules''), 47 C.F.R. 52.17, 54.706 and 64.604, in connection with the Universal Service Fund (``USF''), Telecommunications Relay Services (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund contribution requirements.1 2. The Bureau and Innovative Communications Corporation (``ICC''), the holding company of the ICC Entities, have negotiated the terms of a Consent Decree
• http://www.fcc.gov/eb/Orders/2004/DA-04-2828A2.html
  • (the ``Bureau'') of the Federal Communications Commission (``FCC'' or ``Commission'') and Innovative Communications Corporation (``ICC''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively ``ICC Entities'') violated Sections 52.17, 54.706(a), and 64.604 of the Commission's rules, 47 C.F.R. 52.17, 54.706(a), and 64.604, requiring carriers providing interstate telecommunications services to contribute to the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund. 2. For purposes of this Consent Decree, the following definitions shall apply: (a) The ``Act'' means the Communications Act
• http://www.fcc.gov/eb/Orders/2004/DA-04-2852A1.html
  • New Edge Network, Inc. ) Acct. No. 200432080185 ) ) FRN No. 0003-7204-71 ORDER Adopted: September 10, 2004 Released: September 13, 2004 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by New Edge Network, Inc. (``New Edge'') of section 254 of the Communications Act of 1934, as amended,1 and sections 54.706, 54.711, 54.713,2 and related provisions of the Commission's rules in connection with the universal service support mechanism reporting and contribution requirements.3 2. The Bureau and New Edge have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the terms
• http://www.fcc.gov/eb/Orders/2004/DA-04-3014A1.html
  • 5 1 - 4 4 Corporation ORDER Adopted: September 23, 2004 Released: September 24, 2004 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by Manhattan Telecommunications Corporation, a wholly owned subsidiary of Metropolitan Telecommunications Holding Company (``Company''), of section 254 of the Communications Act of 1934, as amended,1 and sections 54.706 and 64.6042 and related provisions of the Commission's rules concerning reporting and contribution requirements for the universal service and telecommunications relay service funds.3 2. The Bureau and Company have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the
• http://www.fcc.gov/eb/Orders/2004/DA-04-3353A1.html
  • ) File No. EB-04-IH-0142 ) ) Acct. No. 200532080008 TON Services, Inc. ) ) FRN No. 0005-0237-26 ORDER Adopted: October 27, 2004 Released: October 28, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by TON Services, Inc. (``TON'') of section 254 of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, 47 U.S.C. 254, 47 C.F.R. 52.17, 54.706, 54.711, 54.713 and 64.604, relating to obligations of carriers to make payments into the Universal Service Fund and Telecommunications Relay Service Fund.1 2. The Enforcement Bureau (``Bureau'') and TON have negotiated the terms of the Consent Decree. A copy of the Consent Decree is attached
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  • number associated with the destination they wish to reach.1 3. In October 2004, the Universal Service Administrative Company referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the Universal Service Fund (``USF''). Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, which requires entities that provide interstate telecommunications to the public to contribute to USF.2 The Bureau sent the LOI to BigZoo by certified mail/return receipt requested, by email, and by facsimile.3 The LOI directed BigZoo to provide certain specified documents and information within twenty calendar days of the date of the letter, i.e., by November 4,
• http://www.fcc.gov/eb/Orders/2004/DA-04-657A1.html
  • Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-03-IH-0366 ) Acct. No. 200432080021 WestCom Corporation ) FRN No. 0009-6760-99 ) ORDER Adopted: March 12, 2004 Released: March 16, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by WestCom Corporation (``WestCom'') of sections 54.706, 54.711, 54.713, and related provisions of the Commission's rules (``Rules''), 47 C.F.R. 54.706, 54.711 and 54.713, in connection with the universal service support mechanism reporting and contribution requirements.1 2. The Enforcement Bureau (``Bureau'') and WestCom have negotiated the terms of the Consent Decree. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed
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  • complaints that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's
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  • discontinuance of service. The Bureau was made a party to the Proceeding. 4. On August 20, 2003, the presiding officer issued a Memorandum Opinion and Order8 expanding the hearing to determine whether: 1) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to federal universal service support programs in violation of section 254(d) of the Act9 and section 54.706 of the Commission's rules;10 2) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to the Telecommunications Relay Services (``TRS'') Fund, in violation of section 64.604(c)(5)(iii)(A) of the Commission's rules;11 and 3) BOI, BUZZ, U.S. Bell/LINK had failed to file Telecommunications Reporting Worksheets in violation of sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules.12 The presiding officer
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  • concerning its failure to contribute to the universal service fund (``USF'') and its failure to file Telecommunications Reporting Worksheets. According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. 4. Following USAC's referral, the Bureau sent QuickLink a Letter of Inquiry (``LOI'') to obtain information concerning whether the company violated section 54.706 of the Commission's rules,3 involving the requirement to contribute to USF.4 The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email.5 The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
• http://www.fcc.gov/eb/Orders/2005/DA-05-2392A1.html
  • failure to contribute to the Universal Service Fund (``USF'') and its failure to file Telecommunications Reporting Worksheets as required by Commission rules.5 According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. 3. Following USAC's referral, the Bureau sent QuickLink the LOI to obtain information concerning whether the company violated section 54.706 of the Commission's rules,6 involving the requirement to contribute to USF.7 The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email.8 The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
• http://www.fcc.gov/eb/Orders/2005/DA-05-2485A1.html
  • The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Locus for possible violations of the universal service reporting and contribution requirements of section 254 of the Communications Act of 1934, as amended (``the Act'')1 and certain Commission rules relating to universal service, the Telecommunications Relay Service Fund and the North American Numbering Plan Administration, sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules.2 2. The Enforcement Bureau and Locus 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 new evidence relating to this matter, we
• http://www.fcc.gov/eb/Orders/2005/DA-05-2989A1.html
  • 1. In this Order, 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
• http://www.fcc.gov/eb/Orders/2005/DA-05-449A1.html
  • and circumstances surrounding this case are set forth in the Notice of Apparent Liability for Forfeiture issued by the Bureau in December 2004, and need not be reiterated at length here.2 BigZoo sells prepaid long distance phone service, and is therefore a telecommunications carrier providing interstate service that is required to contribute to the Universal Service Fund (``USF'') under section 54.706 of the Commission's rules.3 In October 2004, the Universal Service Administrative Company (``USAC'') referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the USF. Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, and directed BigZoo
• http://www.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • 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 of 1934, as amended (the ``Act''),3 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund.4 II. BACKGROUND 3. The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that providers of such telecommunications comply with the requirements imposed on them by the Act and our rules.5
• http://www.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • 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 sections 254(d) and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''),3 and sections 54.706(a), 64.604(c)(5)(iii)(A) and 52.17(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for North American Numbering Plan Administration (``NANPA'').4 Finally, we find that Teletronics has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by willfully and repeatedly failing to pay regulatory
• http://www.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • liable for a total forfeiture of $606,500. 2. We specifically find that Carrera Communications, LP (``Carrera'') has apparently violated sections 54.711(a) and 64.604 of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') or predecessor forms from 1999 through the current date.2 Further, we find that Carrera has apparently violated section 254(d) of the Act and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund.3 We also find that Carrera has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by failing to pay regulatory fees to the Commission.4 Finally, we find that Carrera apparently violated Commission orders by
• http://www.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
  • that time, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that TMI is apparently liable for a total forfeiture of $280,000. 2. Specifically, we find that TMI has apparently violated sections 254(d) of the Communications Act of 1934, as amended (the ``Act''),1 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').2 We further find that TMI has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules3 by failing to pay regulatory fees to the Commission. II. BACKGROUND 3. The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that
• http://www.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
  • (``OCMC''), a telecommunications carrier that has been operating 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 the Universal Service Fund (``USF''). Specifically, we find that OCMC has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''),1 and section 54.706(a) of the Federal Communications Commission's rules2 by willfully and repeatedly failing to contribute fully and timely to the USF. Based on our review of the facts and circumstances of this case, and for the reasons discussed below, we find that OCMC is apparently liable for a total monetary forfeiture in the amount of $1,133,761. II. BACKGROUND 2. The Telecommunications Act
• http://www.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • is apparently liable for a total forfeiture of $282,000. 2. We specifically find that BCE Nexxia Corporation (``BCE Nexxia'') has apparently violated sections 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'').1 We also find that BCE Nexxia has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').2 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally-mandated programs including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute
• http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • 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 Communications Act of 1934, as amended (the ``Act''),3 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund on a timely basis.4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal
• http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • 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, as amended (the ``Act''),3 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of Congressionally mandated programs, including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute to
• http://www.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
  • 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 the Communications Act of 1934, as amended (the ``Act''),3 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') on a timely basis in 2004 and 2005.4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal service program. The failure
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  • this Order, we adopt 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
• http://www.fcc.gov/eb/Orders/2006/DA-06-1063A2.html
  • terms of this Consent 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
• http://www.fcc.gov/eb/Orders/2006/DA-06-1176A1.html
  • investigation. II. BACKGROUND 3. 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)
• http://www.fcc.gov/eb/Orders/2006/DA-06-1512A1.html
  • the attached Consent Decree 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
• http://www.fcc.gov/eb/Orders/2006/DA-06-2451A1.html
  • Order, we adopt the 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
• http://www.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
  • its statutory and regulatory obligations related to the Universal Service Fund ("USF" or "Fund"). Specifically, we find that LPSI has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets ("Worksheets"). Furthermore, we find that LPSI has apparently violated section 254(d) of the Communication's Act of 1934, as amended (the "Act"), and section 54.706(a) of the Federal Communications Commission's (the "Commission") rules by willfully and repeatedly failing to contribute fully and timely to the USF. Based upon the facts and circumstances surrounding this matter, we find that LPSI is apparently liable for a total monetary forfeiture in the amount of $529,000. II. Background 2. The Act codified Congress's historical commitment to promote universal service
• http://www.fcc.gov/eb/Orders/2006/FCC-06-135A1.html
  • adopt the attached Consent 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
• http://www.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
  • repeated here at length. TMI is a Maine-based telecommunications provider that offers long distance plans, toll free numbers, and phone cards. In 2002, it began providing these services by reselling intrastate, interstate, and international long-distance services purchased from Global Crossing Bandwidth, Inc. ("Global Crossing"). As such, TMI is subject to the obligations of section 254(d) of the Act and sections 54.706, 1.1154, and 1.1157(a)(1) of our rules. Section 254(d) of the Act requires, among other things, that "[e]very telecommunications carrier [providing] interstate telecommunications services . . . contribute, on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service." Section 54.706 of the Commission's rules requires all telecommunications carriers
• http://www.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
  • in the Notice of Apparent Liability and Order ("OCMC NAL") previously issued by the Commission, and need not be reiterated here at length. OCMC is an operator service provider ("OSP"), interexchange carrier and toll reseller. As an OSP and reseller of interstate and international long-distance services, OCMC is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. Section 254(d) of the Act requires that "[e]very telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and non-discriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service." Section 54.706 of the Commission's rules requires all telecommunications carriers that provide interstate telecommunications services, and certain
• http://www.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
  • Order ("Globcom NAL") previously issued by the Commission, and need not be reiterated here at length. Globcom, which does business as Globcom Global Communications, is an interexchange carrier headquartered in Northbrook, Illinois that provides resale telecommunications services. As a reseller of interstate and international long-distance services, Globcom is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. The Commission's rules in effect during the time period in question required all telecommunications carriers that provided interstate telecommunications services, and certain other providers of interstate telecommunications, to contribute to the universal service fund based on their gross billed interstate and international end-user telecommunications revenues. Section 64.604(c)(5)(iii)(A) of our rules also requires Globcom to contribute to the
• http://www.fcc.gov/eb/Orders/2007/DA-07-2150A1.html
  • in connection with replacing local private line services provisioned under tariff by AT&T prior to the advent of effective special access tariffs). See Universal Service Order, 12 FCC Rcd at 9175, P 780; 9355-56 at Appendix I (stating that private line services qualify as "telecommunications" and adopting rules providing for universal service contributions by interstate telecommunications carriers); 47 C.F.R. S 54.706(a) (stating that entities that provide "interstate telecommunications" -- including "private line service" -- to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered "telecommunications carriers" providing interstate telecommunications services and must contribute to the universal service support mechanisms.). In its August 19, 2005 Letter explaining its reasons
• http://www.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
  • Inc., 921 Eastwind Drive, Suite 104, Westerville, Ohio 43081. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief Enforcement Bureau 47 C.F.R. S: 54.711(a). 47 U.S.C. S:S: 154(i), 154(j), 218, 403. The Telecommunications Act of 1996 amended the Communications Act of 1934, see Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. S: 254(d). 47 C.F.R. S: 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. See 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."); Universal Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21
• http://www.fcc.gov/eb/Orders/2007/DA-07-4012A1.html
  • of the Federal Communications 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.
• http://www.fcc.gov/eb/Orders/2007/DA-07-4016A1.html
  • Form 499-A (2007) (annual "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,
• http://www.fcc.gov/eb/Orders/2007/DA-07-4019A1.html
  • confirmation of the facsimile 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
• http://www.fcc.gov/eb/Orders/2007/FCC-07-122A1.html
  • entered into between the Federal Communications Commission (the "Commission") and Verizon Business Global LLC f/k/a MCI, LLC ("Verizon"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against MCI, Inc. ("MCI") 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, and 64.604 of the Commission's rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan Administration ("NANPA"), and regulatory fees. 2. The Commission and Verizon 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
• http://www.fcc.gov/eb/Orders/2007/FCC-07-165A1.html
  • terms of the Consent Decree and in willful and repeated violation of Section 63.71 of the Commission's rules. 12. The Consent Decree, at paragraph 14(f), required the Kintzel brothers to make all federal universal service contributions by the due date specified in each invoice sent by the USAC. The requirement to pay universal service contributions is also codified in Section 54.706 of the Commission's rules and is critical to maintaining the vitality of the universal service fund and guaranteeing the continued availability of funds. The information before the Commission indicates that one of the Kintzel brothers' companies, Buzz, apparently failed to make 22 required universal service contributions. The Kintzel brothers' apparent utter disregard for their universal service obligations is flatly inconsistent
• http://www.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
  • Order, we adopt the 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
• http://www.fcc.gov/eb/Orders/2007/FCC-07-58A1.html
  • 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 Service Fund ("USF"); and (4) section 64.604(c)(5)(iii)(A) of the rules by failing to contribute to the Telecommunications
• http://www.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
  • 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 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund ("USF") in 2004 and early 2005. II. BACKGROUND A. Obligations to Register, File Periodic Revenue Information, and Contribute to the USF 2. The facts and circumstances surrounding this case are set forth in the NAL, and need not be reiterated here at length. Global Teldata began operations
• http://www.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
  • issue a forfeiture if it finds by a preponderance of the evidence that the person has willfully or repeatedly violated the Act or a Commission order or rule. 11. We find by a preponderance of the evidence, as discussed in detail in the Carrera NAL and herein, that Carrera has violated section 254(d) of the Act and sections 54.711(a), 64.604(c)(5)(iii), 54.706(a), 1.1154, and 1.1157(b)(1) of the Commission's rules. Specifically, we find based on a preponderance of the evidence that Carrera: (1) willfully and repeatedly failed to file Worksheets and predecessor forms; (2) willfully and repeatedly failed to make requisite contributions toward the Universal Service and TRS Funds; (3) willfully and repeatedly failed to pay regulatory fees to the Commission; and (4)
• http://www.fcc.gov/eb/Orders/2008/DA-08-1178A1.html
  • Enforcement Bureau: 1. In 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-1322A1.html
  • 10, 2008 By 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-1336A1.html
  • to sections 4(i), 4(j), 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-1920A1.html
  • P:13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to 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/DA-08-2551A1.html
  • Enforcement Bureau (the "Bureau") and Cincinnati Bell, Inc., Cincinnati Bell Telephone Company and Cincinnati Bell Extended Territories, Inc. ("Cincinnati Bell"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Cincinnati Bell for possible violations of sections 9(a)(1), 225(b)(1) and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1151, 1.1154, 1.1157(b)(1), 52.17, 52.32, 54.706, 54.711, 54.713, and 64.604 of the Commission's Rules, relating to universal service, and certain Rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan Administration ("NANPA"), Local Number Portability ("LNP") and regulatory fees. 2. The Bureau and Cincinnati Bell have negotiated the terms of the Consent Decree that resolve this matter. A copy of
• http://www.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
  • Notice of Apparent Liability for Forfeiture and Order ("NAL"), we find Telrite Corporation ("Telrite") apparently violated sections 52.17(b), 52.32(b), 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by willfully or repeatedly filing inaccurate Telecommunications Reporting Worksheets ("Worksheets") that grossly under-reported its interstate revenue. Telrite also apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and sections 54.706 and 54.711 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund ("USF"); section 225(b)(1) of the Act and section 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully to the Telecommunications Relay Services Fund ("TRS Fund"); section 251(e)(2) of the Act and section 52.17(a) of the Commission's rules
• http://www.fcc.gov/eb/Orders/2008/FCC-08-130A1.html
  • follows a Notice of Apparent Liability for Forfeiture issued on August 29, 2006. Herein we find that LPSI willfully or repeatedly violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets. We also find that LPSI willfully or repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules by failing to timely contribute to the Universal Service Fund ("USF" or the "Fund"). 2. LPSI's failure to pay Congressionally-mandated USF contributions strikes at the core of the Commission's mission to promote access to affordable, quality telecommunications services for all Americans. In section 254 of the Act, Congress codified the historical commitment to universal service for
• http://www.fcc.gov/eb/Orders/2008/FCC-08-270A1.html
  • and Notice of Apparent Liability for Forfeiture ("NAL") by the Commission against BCE for possible violations of sections 9, 214, and 254 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S:S: 159, 214, 254, sections 34-39 of the Cable Landing Act, 47 U.S.C. S:S: 34-39, Executive Order No. 10530, and sections 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11 of the Commission's rules, 47 C.F.R. S:S: 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11, regarding violation of the universal service reporting and contribution requirements, as well as international reporting and fee payment requirements. 2. The Commission and BCE have negotiated the terms of the Consent Decree that resolve this matter. A copy of
• http://www.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that various subsidiaries of Global Crossing North America, Inc. ("Global Crossing") apparently violated sections 254(d) and 225 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF") and Telecommunications Relay Service ("TRS") Fund. Based on our review of the facts and circumstances surrounding these apparent violations, and for the reasons discussed below, we find that the Global Crossing Companies are apparently liable for forfeitures totaling
• http://www.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Compass Global, Inc. ("Compass") apparently violated sections 9, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1154, 1.1157, 52.17(a), 52.32(a), 54.706(a), and 64.604(c)(5)(iii)(A) of the Commission's rules, by willfully or repeatedly failing to make the required regulatory payments as well as to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, and cost recovery mechanisms for the North American Numbering Plan ("NANP") administration and Local Number Portability ("LNP"). Based on our review of the facts
• http://www.fcc.gov/eb/Orders/2009/DA-09-1073A1.html
  • the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Supra Telecommunications & Information Systems , Inc. f/k/a Supra Telecommunications & Information Systems Acquisitions Corp. ("Supra"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Supra for possible violations of section 254 of the Communications Act of 1934, as amended (the "Act"), and section 54.706 of the Commission's rules, relating to universal service. 2. The Bureau and Supra 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 find that the public interest would
• http://www.fcc.gov/eb/Orders/2009/DA-09-16A1.html
  • Commission ("January 18, 2008 Opt-Out Failure Notice"). Id. Id. See Letter of Inquiry from Marcy Greene, Deputy Division Chief, Telecommunications Consumers Division, Enforcement Bureau, to Davida Grant, Senior Attorney, AT&T Inc. (January 31, 2008). See Letter from Davida Grant, Senior Attorney, AT&T Inc., to Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau (February 21, 2008). See generally 47 C.F.R. S:S: 54.706 - 54.713 (outlining requirements for contributions to the federal universal service support mechanisms). See also Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the
• http://www.fcc.gov/eb/Orders/2009/DA-09-740A1.html
  • 2009 Released: March 31, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Inmate Telephone, Inc. ("Inmate"). The Consent Decree terminates an investigation by the Bureau against Inmate for possible violations of section 254 of the Communications Act of 1934, as amended (the "Act") and sections 54.706 and 54.711 of the Commission's rules relating to reporting and contribution requirements for the universal service fund ("USF"). 2. The Bureau and Inmate 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
• http://www.fcc.gov/eb/Orders/2009/FCC-09-103A1.html
  • this case, and thus the precise amount of any damages due will be calculated in a separate proceeding. We note, moreover, that if Farmers had been providing interstate end-user telecommunications services to Qwest or the conference calling companies, then Farmers should have timely reported revenues from those end-user services and paid universal service contributions based on them. 47 C.F.R. S: 54.706. [Redacted confidential information regarding Farmers' Form 499 filings.] As Qwest points out, in a factually similar case involving calls to a chat line, the Commission held that a sham arrangement "designed solely to extract inflated access charges from IXC's" constituted an unreasonable practice in connection with access service that violated section 201(b) of the Act. Total Telecomms. Servs., Inc., and
• http://www.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
  • ) ) NOTICE OF APPARENT 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
• http://www.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
  • $10,000 is not required to contribute to the USF. See supra n. 23. Any entity required to contribute to the USF whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues may contribute based only on the entity's projected collected interstate end-user telecommunications revenues. 47 C.F.R. S: 54.706(c). Because Omniat characterizes itself primarily as an "international long distance provider" providing the ability to "[c]all from anywhere in the world, to anywhere in the world," we do not, at this time, have the revenue information needed to determine whether Omniat has had sufficient interstate and international revenue to be liable for USF contributions since 2003. See Omniat home page,
• http://www.fcc.gov/eb/Orders/2009/FCC-09-55A1.html
  • this Order, we adopt the attached Consent Decree between the Federal Communications Commission ("Commission") and Global Crossing (as defined below). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture ("NAL") by the Commission against Global Crossing for apparent violations of sections 254(d) and 225 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF") and Telecommunications Relay Service ("TRS") Fund. 2. The Commission and Global Crossing 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.
• http://www.fcc.gov/eb/Orders/2010/DA-10-1250A1.html
  • See Letter from Thomas Lynch, Counsel for Global Information Technologies, to Marlene H. Dortch, Secretary, FCC, dated Sept. 10, 2008. See Letter from Thomas Lynch, Counsel for Global Information Technologies, to Marlene H. Dortch, Secretary, FCC and Marcy Green, Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau, FCC, dated Mar. 10, 2009 ("GIT Omnibus NAL Response") See generally 47 C.F.R. S:S: 54.706 - 54.713 (outlining requirements for contributions to the federal universal service support mechanisms). See also Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the
• http://www.fcc.gov/eb/Orders/2010/DA-10-1290A1.html
  • contribution and other related rules and 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
• http://www.fcc.gov/eb/Orders/2010/DA-10-418A1.html
  • Adopted: March 18, 2010 Released: March 18, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Comtel Telcom Assets LP ("Comtel"). The Consent Decree terminates an investigation by the Bureau of Comtel's compliance with Section 254(d) of the Communications Act of 1934, as amended, and section 54.706 of the Commission's Rules, relating to payment of Universal Service Fund contributions. 2. The Bureau and Comtel have negotiated the terms of the Consent Decree that resolve this investigation. 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 find that
• http://www.fcc.gov/eb/Orders/2010/DA-10-418A2.html
  • FRN No. 0013838701 ) ) CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission and Comtel Telcom Assets LP ("Comtel"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of resolving the Enforcement Bureau's investigation of compliance by Comtel with Section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute fully and timely to the Universal Service Fund (USF"). I. DEFINITIONS 2. For purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an order of the Bureau adopting
• http://www.fcc.gov/eb/Orders/2010/DA-10-672A1.html
  • Best Phone's Petition for Reconsideration of Forfeiture Order (dated June 18, 2008) ("Petition for Reconsideration"). Local Phone Services, Inc., Order of Forfeiture Order, 23 FCC Rcd 8952 (2008) ("Forfeiture Order"). The Forfeiture Order imposed a monetary forfeiture for LPSI's willful and repeated violations of Section 254(d) of the Communications Act of 1934, as amended, 47 U.S.C. S: 254(d), and Sections 54.706(a) and 54.711(a) of the Commission's Rules, 47 C.F.R. S:S: 54.706(a), 54.711(a). The noted violations involved LPSI's failure to timely submit certain Telecommunications Reporting Worksheets and LPSI's failure to timely contribute to the Universal Service Fund. The granting of LPSI's request herein does not affect the validity of the Forfeiture Order. Cancellation of the Certificate of Convenience and Authority Previously Granted
• http://www.fcc.gov/eb/Orders/2010/DA-10-692A1.html
  • we adopt the attached 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
• http://www.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • Vice President of Operations/General Manager 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,
• http://www.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • Jerkunica Chief Executive Officer 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
• http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • Liability for Forfeiture FRN No. 0004325320 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2010 Released: March 30, 2010 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Globalcom, Inc. ("Globalcom"), apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 54.711(a) of the Commission's rules, by willfully or repeatedly failing to make required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund ("USF"). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that Globalcom is apparently liable for a total forfeiture
• http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • for Forfeiture FRN No. 0004266938 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 4, 2010 Released: May 6, 2010 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that NTS Communications, Inc. ("NTS"), apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules, by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF"). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that NTS is apparently liable for a total forfeiture of $284,250. We find this significant forfeiture is warranted based on
• http://www.fcc.gov/eb/Orders/2011/DA-11-666A1.html
  • ) )) ORDER Adopted: 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
• http://www.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
  • FORFEITURE ORDER Adopted: March 9, 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
• http://www.fcc.gov/eb/Orders/2012/DA-12-267A1.html
  • Bureau: 1. In this 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
• http://www.fcc.gov/eb/Orders/2012/DA-12-612A1.html
  • the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Telrite Corporation (Telrite). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (NAL) by the Commission against Telrite for possible violations of Sections 9(a)(1), 225(b)(1), 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157(b)(1), 52.17(a), 52.17(b), 52.32(a), 52.32(b), 54.706, 54.711, 64.604(c)(5)(iii)(A), and 64.604(c)(5)(iii)(B) of the Commission's rules concerning the payment of annual regulatory fees; contributions to the Universal Service Fund and Telecommunications Relay Services Fund; contributions to cost-recovery mechanisms for North American Numbering Plan and Local Number Portability 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/da001746.doc http://www.fcc.gov/eb/Orders/da001746.txt
  • NAL/Acct. No. x32080026 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 2, 2000 Released: August 4, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that North American Telephone Network, LLC (``NATN'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that NATN is apparently liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications
• http://www.fcc.gov/eb/Orders/fcc00261.doc http://www.fcc.gov/eb/Orders/fcc00261.txt
  • Intellicall Operator Services ) NAL/Acct. No. 32080023 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Intellicall Operator Services (``Intellicall'') has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Intellicall is apparently liable for a forfeiture in the amount of $198,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://www.fcc.gov/eb/Orders/fcc00262.doc http://www.fcc.gov/eb/Orders/fcc00262.txt
  • ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Matrix Telecom, Inc. has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Matrix is apparently liable for a forfeiture in the amount of $113,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://www.fcc.gov/eb/Orders/fcc00276.doc http://www.fcc.gov/eb/Orders/fcc00276.txt
  • America's Tele-Network Corp. ) NAL/Acct. No. x32080024 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 27, 2000 Released: August 1, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that America's Tele-Network Corp. (``ATNC'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that ATNC is apparently liable for a forfeiture in the amount of one hundred fifty-four thousand dollars ($154,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that:
• http://www.fcc.gov/eb/Orders/fcc00390.doc http://www.fcc.gov/eb/Orders/fcc00390.html http://www.fcc.gov/eb/Orders/fcc00390.txt
  • No. EB-00-IH-0055 ) INTELLICALL OPERATOR SERVICES ) NAL/Acct. No. X32080023 FORFEITURE ORDER Adopted: October 27, 2000 Released: November 1, 2000 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Intellicall Operator Services (``Intellicall'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully failing to make a required contribution to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Intellicall's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Intellicall is liable for a forfeiture in the amount
• http://www.fcc.gov/eb/Orders/fcc00423.doc http://www.fcc.gov/eb/Orders/fcc00423.html http://www.fcc.gov/eb/Orders/fcc00423.txt
  • ) File No. EB 00-IH-0053 ) America's Tele-Network Corp. ) NAL/Acct. No. x32080024 FORFEITURE ORDER Adopted: November 30, 2000 Released: December 5, 2000 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, we find that America's Tele-Network Corp. (``ATNC'') has violated section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering ATNC's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that ATNC is liable for a forfeiture in the amount of one hundred
• http://www.fcc.gov/eb/Public_Notices/DA-04-437A2.html
  • See OSC, 18 F.C.C. Rcd at 6894-95 ( 39). By Memorandum Opinion and Order, FCC 03M-33, released August 20, 2003 (``MO&O''), additional issues were specified to determine whether BOI and its related entities, Buzz Telecom Corp. (``Buzz''), U.S. Bell and/or Link Technologies (collectively, ``U.S. Bell'') failed to make required universal service contributions in violation of 254(d) of the Act and 54.706 of the Commission's rules (Issue g); to determine whether BOI, Buzz and/or U.S. Bell had failed to make required contributions to the Telecommunications Relay Services Fund in violation of 64.604(c)(5)(iii)(A) of the Commission's rules (Issue h); and to determine whether BOI, Buzz and/or U.S. Bell failed to file Telecommunications Reporting Worksheets (``Worksheets'') in violation of 54.711, 54.713 and 64.604(c)(iii)(B) of
• http://www.fcc.gov/wcb/tapd/universal_service/Archives/univsvce2002archive.html
  • DKT 96-45 Roseville Telephone Company RE: Granted the request to withdraw the petition for limited waiver, and dismissed without prejudice for limited waiver of section 54.309. [40]Word | [41]Acrobat | [42]Text 4/8/02 Order, DA 02-775, CC DKT 96-45 WJG Maritel Corporation RE: Granted the request to withdraw petition for waiver, and dismissed withut prejudice the petition for waiver of section 54.706. [43]Word | [44]Acrobat | [45]Text 4/8/02 Order, DA 02-776, CC DKT 96-45 Cellular South License, Inc. RE: Granted the request to withdraw the petition for waiver, and dismissed without prejudice the petition for waiver of section 54.313. [46]Word | [47]Acrobat | [48]Text March 2002 3/28/02 FCC 02-97, Order, CC DKT 96-45 Federal-State Joint Board on Universal Service RE: The Commission
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2150A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-2150A1.pdf
  • in connection with replacing local private line services provisioned under tariff by AT&T prior to the advent of effective special access tariffs). See Universal Service Order, 12 FCC Rcd at 9175, � 780; 9355-56 at Appendix I (stating that private line services qualify as ``telecommunications'' and adopting rules providing for universal service contributions by interstate telecommunications carriers); 47 C.F.R. � 54.706(a) (stating that entities that provide ``interstate telecommunications'' - including ``private line service'' - to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered ``telecommunications carriers'' providing interstate telecommunications services and must contribute to the universal service support mechanisms.). In its August 19, 2005 Letter explaining its reasons
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3411A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-3411A1.pdf
  • Inc., 921 Eastwind Drive, Suite 104, Westerville, Ohio 43081. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief Enforcement Bureau 47 C.F.R. � 54.711(a). 47 U.S.C. �� 154(i), 154(j), 218, 403. The Telecommunications Act of 1996 amended the Communications Act of 1934, see Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. See 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.''); Universal Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4012A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4012A1.pdf
  • of the Federal Communications 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4016A1.pdf
  • Form 499-A (2007) (annual ``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,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-07-4019A1.pdf
  • confirmation of the facsimile 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1178A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1178A1.pdf
  • the Enforcement Bureau: In 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1322A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1322A1.pdf
  • June 10, 2008 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,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1336A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1336A1.pdf
  • to sections 4(i), 4(j), 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-1920A1.pdf
  • �13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to 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-08-2551A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-08-2551A1.pdf
  • Enforcement Bureau (the ``Bureau'') and Cincinnati Bell, Inc., Cincinnati Bell Telephone Company and Cincinnati Bell Extended Territories, Inc. (``Cincinnati Bell''). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Cincinnati Bell for possible violations of sections 9(a)(1), 225(b)(1) and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1151, 1.1154, 1.1157(b)(1), 52.17, 52.32, 54.706, 54.711, 54.713, and 64.604 of the Commission's Rules, relating to universal service, and certain Rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan Administration (``NANPA''), Local Number Portability (``LNP'') and regulatory fees. The Bureau and Cincinnati Bell have negotiated the terms of the Consent Decree that resolve this matter. A copy of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1073A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-1073A1.pdf
  • the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Supra Telecommunications & Information Systems , Inc. f/k/a Supra Telecommunications & Information Systems Acquisitions Corp. (``Supra''). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Supra for possible violations of section 254 of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules, relating to universal service. The Bureau and Supra 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 the public interest would be served
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-740A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-09-740A1.pdf
  • 31, 2009 Released: March 31, 2009 By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Inmate Telephone, Inc. (``Inmate''). The Consent Decree terminates an investigation by the Bureau against Inmate for possible violations of section 254 of the Communications Act of 1934, as amended (the ``Act'') and sections 54.706 and 54.711 of the Commission's rules relating to reporting and contribution requirements for the universal service fund (``USF''). The Bureau and Inmate 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1290A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-1290A1.pdf
  • contribution and other related rules and 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-418A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-418A1.pdf
  • 0013838701 Adopted: March 18, 2010 Released: March 18, 2010 By the Chief, Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Comtel Telcom Assets LP (``Comtel''). The Consent Decree terminates an investigation by the Bureau of Comtel's compliance with Section 254(d) of the Communications Act of 1934, as amended, and section 54.706 of the Commission's Rules, relating to payment of Universal Service Fund contributions. The Bureau and Comtel have negotiated the terms of the Consent Decree that resolve this investigation. 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 the public
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-418A2.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-418A2.pdf
  • NAL/Acct. No. 201032080017 FRN No. 0013838701 CONSENT DECREE The Enforcement Bureau of the Federal Communications Commission and Comtel Telcom Assets LP (``Comtel''), by their authorized representatives, hereby enter into this Consent Decree for the purpose of resolving the Enforcement Bureau's investigation of compliance by Comtel with Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute fully and timely to the Universal Service Fund (USF''). I. DEFINITIONS For purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. � 151 et seq. ``Adopting Order'' means an order of the Bureau adopting this Consent Decree
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-672A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-672A1.pdf
  • Best Phone's Petition for Reconsideration of Forfeiture Order (dated June 18, 2008) (``Petition for Reconsideration''). Local Phone Services, Inc., Order of Forfeiture Order, 23 FCC Rcd 8952 (2008) (``Forfeiture Order''). The Forfeiture Order imposed a monetary forfeiture for LPSI's willful and repeated violations of Section 254(d) of the Communications Act of 1934, as amended, 47 U.S.C. � 254(d), and Sections 54.706(a) and 54.711(a) of the Commission's Rules, 47 C.F.R. �� 54.706(a), 54.711(a). The noted violations involved LPSI's failure to timely submit certain Telecommunications Reporting Worksheets and LPSI's failure to timely contribute to the Universal Service Fund. The granting of LPSI's request herein does not affect the validity of the Forfeiture Order. Cancellation of the Certificate of Convenience and Authority Previously Granted
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-692A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-10-692A1.pdf
  • we adopt the attached 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-666A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-11-666A1.pdf
  • No. 201132080025 FRN 0010267862 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-267A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-267A1.pdf
  • Enforcement Bureau: In this 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-612A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/DA-12-612A1.pdf
  • the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Telrite Corporation (Telrite). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (NAL) by the Commission against Telrite for possible violations of Sections 9(a)(1), 225(b)(1), 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157(b)(1), 52.17(a), 52.17(b), 52.32(a), 52.32(b), 54.706, 54.711, 64.604(c)(5)(iii)(A), and 64.604(c)(5)(iii)(B) of the Commission's rules concerning the payment of annual regulatory fees; contributions to the Universal Service Fund and Telecommunications Relay Services Fund; contributions to cost-recovery mechanisms for North American Numbering Plan and Local Number Portability administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). A
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-122A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-122A1.pdf
  • entered into between the Federal Communications Commission (the ``Commission'') and Verizon Business Global LLC f/k/a MCI, LLC (``Verizon''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against MCI, Inc. (``MCI'') 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, and 64.604 of the Commission's rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan Administration (``NANPA''), and regulatory fees. The Commission and Verizon 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-165A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-165A1.pdf
  • terms of the Consent Decree and in willful and repeated violation of Section 63.71 of the Commission's rules. 12. The Consent Decree, at paragraph 14(f), required the Kintzel brothers to make all federal universal service contributions by the due date specified in each invoice sent by the USAC. The requirement to pay universal service contributions is also codified in Section 54.706 of the Commission's rules and is critical to maintaining the vitality of the universal service fund and guaranteeing the continued availability of funds. The information before the Commission indicates that one of the Kintzel brothers' companies, Buzz, apparently failed to make 22 required universal service contributions. The Kintzel brothers' apparent utter disregard for their universal service obligations is flatly inconsistent
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-57A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-57A1.pdf
  • Order, we adopt the 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-58A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-58A1.pdf
  • 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 Service Fund (``USF''); and (4) section 64.604(c)(5)(iii)(A) of the rules by failing to contribute to the Telecommunications
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-59A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-59A1.pdf
  • 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 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund (``USF'') in 2004 and early 2005. BACKGROUND A. Obligations to Register, File Periodic Revenue Information, and Contribute to the USF The facts and circumstances surrounding this case are set forth in the NAL, and need not be reiterated here at length. Global Teldata began operations on April
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-73A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-73A1.pdf
  • then issue a forfeiture if it finds by a preponderance of the evidence that the person has willfully or repeatedly violated the Act or a Commission order or rule. We find by a preponderance of the evidence, as discussed in detail in the Carrera NAL and herein, that Carrera has violated section 254(d) of the Act and sections 54.711(a), 64.604(c)(5)(iii), 54.706(a), 1.1154, and 1.1157(b)(1) of the Commission's rules. Specifically, we find based on a preponderance of the evidence that Carrera: (1) willfully and repeatedly failed to file Worksheets and predecessor forms; (2) willfully and repeatedly failed to make requisite contributions toward the Universal Service and TRS Funds; (3) willfully and repeatedly failed to pay regulatory fees to the Commission; and (4)
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-116A1.pdf
  • Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find Telrite Corporation (``Telrite'') apparently violated sections 52.17(b), 52.32(b), 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by willfully or repeatedly filing inaccurate Telecommunications Reporting Worksheets (``Worksheets'') that grossly under-reported its interstate revenue. Telrite also apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706 and 54.711 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund (``USF''); section 225(b)(1) of the Act and section 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully to the Telecommunications Relay Services Fund (``TRS Fund''); section 251(e)(2) of the Act and section 52.17(a) of the Commission's rules
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-130A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-130A1.pdf
  • follows a Notice of Apparent Liability for Forfeiture issued on August 29, 2006. Herein we find that LPSI willfully or repeatedly violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets. We also find that LPSI willfully or repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by failing to timely contribute to the Universal Service Fund (``USF'' or the ``Fund''). LPSI's failure to pay Congressionally-mandated USF contributions strikes at the core of the Commission's mission to promote access to affordable, quality telecommunications services for all Americans. In section 254 of the Act, Congress codified the historical commitment to universal service for consumers
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-270A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-270A1.pdf
  • and Notice of Apparent Liability for Forfeiture (``NAL'') by the Commission against BCE for possible violations of sections 9, 214, and 254 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. �� 159, 214, 254, sections 34-39 of the Cable Landing Act, 47 U.S.C. �� 34-39, Executive Order No. 10530, and sections 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11 of the Commission's rules, 47 C.F.R. �� 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11, regarding violation of the universal service reporting and contribution requirements, as well as international reporting and fee payment requirements. The Commission and BCE have negotiated the terms of the Consent Decree that resolve this matter. A copy of the
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-96A1.pdf
  • 0003-7330-78 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that various subsidiaries of Global Crossing North America, Inc. (``Global Crossing'') apparently violated sections 254(d) and 225 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. Based on our review of the facts and circumstances surrounding these apparent violations, and for the reasons discussed below, we find that the Global Crossing Companies are apparently liable for forfeitures totaling
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-08-97A1.pdf
  • 0009690256 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Compass Global, Inc. (``Compass'') apparently violated sections 9, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1154, 1.1157, 52.17(a), 52.32(a), 54.706(a), and 64.604(c)(5)(iii)(A) of the Commission's rules, by willfully or repeatedly failing to make the required regulatory payments as well as to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for the North American Numbering Plan (``NANP'') administration and Local Number Portability (``LNP''). Based on our review of the facts
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-103A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-103A1.pdf
  • this case, and thus the precise amount of any damages due will be calculated in a separate proceeding. We note, moreover, that if Farmers had been providing interstate end-user telecommunications services to Qwest or the conference calling companies, then Farmers should have timely reported revenues from those end-user services and paid universal service contributions based on them. 47 C.F.R. � 54.706. [Redacted confidential information regarding Farmers' Form 499 filings.] As Qwest points out, in a factually similar case involving calls to a chat line, the Commission held that a sham arrangement ``designed solely to extract inflated access charges from IXC's'' constituted an unreasonable practice in connection with access service that violated section 201(b) of the Act. Total Telecomms. Servs., Inc., and
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-1A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-1A1.pdf
  • 200932080022 FRN No. 0015301732 NOTICE 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-26A1.pdf
  • $10,000 is not required to contribute to the USF. See supra n. 23. Any entity required to contribute to the USF whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues may contribute based only on the entity's projected collected interstate end-user telecommunications revenues. 47 C.F.R. � 54.706(c). Because Omniat characterizes itself primarily as an ``international long distance provider'' providing the ability to ``[c]all from anywhere in the world, to anywhere in the world,'' we do not, at this time, have the revenue information needed to determine whether Omniat has had sufficient interstate and international revenue to be liable for USF contributions since 2003. See Omniat home page,
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-55A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-09-55A1.pdf
  • this Order, we adopt the attached Consent Decree between the Federal Communications Commission (``Commission'') and Global Crossing (as defined below). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (``NAL'') by the Commission against Global Crossing for apparent violations of sections 254(d) and 225 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. The Commission and Global Crossing 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-48A1.pdf
  • ) File No. EB-09-IH-1176 NAL/Acct. No. 201032080022 FRN No. 0004325320 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2010 Released: March 30, 2010 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Globalcom, Inc. (``Globalcom''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 54.711(a) of the Commission's rules, by willfully or repeatedly failing to make required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund (``USF''). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that Globalcom is apparently liable for a total forfeiture
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-10-78A1.pdf
  • File No. EB-09-IH-1219 NAL/Acct. No. 201032080024 FRN No. 0004266938 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 4, 2010 Released: May 6, 2010 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that NTS Communications, Inc. (``NTS''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules, by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF''). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that NTS is apparently liable for a total forfeiture of $284,250. We find this significant forfeiture is warranted based on
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.pdf
  • 0015301732 FORFEITURE ORDER Adopted: March 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
• http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.doc http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.pdf
  • EB-08-IH-1386 NAL/Acct. No. 201232080024 FRN 0009834466 FRN 0021816459 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 14, 2012 Released: June 14, 2012 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Telseven, LLC (Telseven or Company) apparently violated: (1) Section 254(d) of the Communications Act of 1934, as amended (Act), and Section 54.706 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund (USF); (2) Section 54.711(a) of the Commission's rules by willfully or repeatedly filing inaccurate FCC Forms 499-Q; (3) Section 251(e)(2) of the Act and Section 52.17 the Commission's rules by willfully or repeatedly failing to make full contributions to the administration of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1014A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1014A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1014A1.txt
  • In the Matter of ) File No. EB 00-IH-0241 ) TRS Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 FORFEITURE ORDER Adopted: April 19, 2001 Released: April 20, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order, we find that Advanced Telecom. Network, Inc. (``Advanced'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that Advanced is liable for a forfeiture in the amount of forty-six thousand seven hundred dollars ($46,700), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 2, 2001, the Commission, by the Chief, Enforcement Bureau, acting pursuant
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  • ) File No. EB 00-IH-0054 ) TRS Company Code: 815576 North American Telephone Network, LLC ) NAL/Acct. No. x32080026 FORFEITURE ORDER Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we find that North American Telephone Network, LLC (``NATN'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering NATN's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that NATN is liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000), the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-542A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-542A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-542A1.txt
  • Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Advanced Telecom. Network, Inc. (``Advanced'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Advanced is apparently liable for a forfeiture in the amount of $46,700. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-570A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-570A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-02-570A1.txt
  • as corrected by Federal-State Joint Board on Universal Service, Erratum, CC Docket No. 96-45, FCC 97-157 (rel. June 4, 1997) aff'd in part, rev'd in part, remanded in part sub nom. Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) cert. denied 2000 WL 684656 (U.S. Sup. Ct. May 30, 2000). See 47 C.F.R. � 54.706(d); see also Federal-State Joint Board on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, Fourth Order on Reconsideration in CC Docket No. 96-45, Report and Order in CC Docket Nos. 96-262, 94-1, 91-213, 95-72, 13 FCC Rcd 5318, 5475 para. 283 (1997). BT Request at
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of WJG MariTEL Corporation Petition for Waiver of Section 54.706 of the Commission's Rules and Regulations ) ) ) ) ) ) ) ) ) CC Docket No. 96-45 ORDER Adopted: April 5, 2002 Released: April 8, 2002 By the Chief, Telecommunications Access Policy Division: On April 27, 1999, WJG MariTEL Corporation (MariTEL) filed the above-captioned Petition for Waiver of section 54.706 of the Commission's rules. On April 24, 2000,
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  • 200432080300 FRN Nos. 0004-5555-95, 0007-4521-54, and 0005-0870-20 ORDER Adopted: September 22, 2004 Released: September 23, 2004 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation into possible violations by Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively, ``ICC Entities'') of sections 52.17, 54.706, and 64.604 of the Commission's rules (``Rules''), 47 C.F.R. ��52.17, 54.706 and 64.604, in connection with the Universal Service Fund (``USF''), Telecommunications Relay Services (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund contribution requirements. The Bureau and Innovative Communications Corporation (``ICC''), the holding company of the ICC Entities, have negotiated the terms of a Consent Decree that
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2828A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2828A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2828A2.txt
  • (the ``Bureau'') of the Federal Communications Commission (``FCC'' or ``Commission'') and Innovative Communications Corporation (``ICC''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively ``ICC Entities'') violated Sections 52.17, 54.706(a), and 64.604 of the Commission's rules, 47 C.F.R. �� 52.17, 54.706(a), and 64.604, requiring carriers providing interstate telecommunications services to contribute to the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund. For purposes of this Consent Decree, the following definitions shall apply: (a) The ``Act'' means the Communications Act
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  • ) ) ) ) ) File No. EB-04-IH-0157 Acct. No. 200432080185 FRN No. 0003-7204-71 ORDER Adopted: September 10, 2004 Released: September 13, 2004 By the Chief, Enforcement Bureau: The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by New Edge Network, Inc. (``New Edge'') of section 254 of the Communications Act of 1934, as amended, and sections 54.706, 54.711, 54.713, and related provisions of the Commission's rules in connection with the universal service support mechanism reporting and contribution requirements. The Bureau and New Edge have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. We have reviewed the terms of the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2898A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2898A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-2898A1.txt
  • circumstances necessary to justify grant of a waiver. The Commission, in the rulemaking proceeding that implemented the statutory contribution requirement, considered and rejected the proposition that revenue from the provision of international telecommunications service should be excluded. Moreover, during the time since these petitions for waiver were filed, the Commission has reexamined this requirement. In 1998, the Commission enacted section 54.706 of its rules, which requires in part that ``[a]ny entity required to contribute to the federal universal service support mechanisms whose interstate end-user telecommunications revenues comprise less than 8 percent of its combined interstate and international end-user telecommunications revenues shall contribute to the federal universal service support mechanisms . . . based only on such entity's interstate end-user telecommunications revenues.''
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  • EB-04-IH-0016 Acct. No. 200432080303 FRN No. 0004-3651-44 ORDER Adopted: September 23, 2004 Released: September 24, 2004 By the Chief, Enforcement Bureau: The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by Manhattan Telecommunications Corporation, a wholly owned subsidiary of Metropolitan Telecommunications Holding Company (``Company''), of section 254 of the Communications Act of 1934, as amended, and sections 54.706 and 64.604 and related provisions of the Commission's rules concerning reporting and contribution requirements for the universal service and telecommunications relay service funds. The Bureau and Company have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. We have reviewed the terms of
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  • of TON Services, Inc. ) ) ) ) ) File No. EB-04-IH-0142 Acct. No. 200532080008 FRN No. 0005-0237-26 ORDER Adopted: October 27, 2004 Released: October 28, 2004 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation into possible violations by TON Services, Inc. (``TON'') of section 254 of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, 47 U.S.C. � 254, 47 C.F.R. �� 52.17, 54.706, 54.711, 54.713 and 64.604, relating to obligations of carriers to make payments into the Universal Service Fund and Telecommunications Relay Service Fund. The Enforcement Bureau (``Bureau'') and TON have negotiated the terms of the Consent Decree. A copy of the Consent Decree is
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  • 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 of 1990, Administration of the North American Numbering Plan and
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  • telephone number associated with the destination they wish to reach. In October 2004, the Universal Service Administrative Company referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the Universal Service Fund (``USF''). Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, which requires entities that provide interstate telecommunications to the public to contribute to USF. The Bureau sent the LOI to BigZoo by certified mail/return receipt requested, by email, and by facsimile. The LOI directed BigZoo to provide certain specified documents and information within twenty calendar days of the date of the letter, i.e., by November 4,
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  • 18 F.C.C. Rcd at 6894-95 (� 39). By Memorandum Opinion and Order, FCC 03M-33, released August 20, 2003 (``MO&O''), additional issues were specified to determine whether BOI and its related entities, Buzz Telecom Corp. (``Buzz''), U.S. Bell and/or Link Technologies (collectively, ``U.S. Bell'') failed to make required universal service contributions in violation of � 254(d) of the Act and � 54.706 of the Commission's rules (Issue g); to determine whether BOI, Buzz and/or U.S. Bell had failed to make required contributions to the Telecommunications Relay Services Fund in violation of � 64.604(c)(5)(iii)(A) of the Commission's rules (Issue h); and to determine whether BOI, Buzz and/or U.S. Bell failed to file Telecommunications Reporting Worksheets (``Worksheets'') in violation of �� 54.711, 54.713 and
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  • to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. ��
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  • Federal Communications Commission Washington, D.C. 20554 In the Matter of WestCom Corporation ) ) ) ) ) File No. EB-03-IH-0366 Acct. No. 200432080021 FRN No. 0009-6760-99 ORDER Adopted: March 12, 2004 Released: March 16, 2004 By the Chief, Enforcement Bureau: In this Order, we adopt a Consent Decree terminating an investigation into possible violations by WestCom Corporation (``WestCom'') of sections 54.706, 54.711, 54.713, and related provisions of the Commission's rules (``Rules''), 47 C.F.R. �� 54.706, 54.711 and 54.713, in connection with the universal service support mechanism reporting and contribution requirements. The Enforcement Bureau (``Bureau'') and WestCom have negotiated the terms of the Consent Decree. A copy of the Consent Decree is attached hereto and incorporated by reference. We have reviewed the
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  • complaints that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's
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  • 2004 applications was February 4, 2004. See SLD website, . Section 54.507(c) of the Commission's rules states that fund discounts will be available on a first-come-first-served basis. Applications that are received outside of this filing window are subject to separate funding priorities under the Commission's rules. 47 C.F.R. � 54.507(c) and (g). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Review by Information Technology Department State of North Dakota, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of
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  • School District 750, to Federal Communications Commission, filed November 22, 2004 (Request for Waiver). 47 C.F.R. � 1.3. Id. The deadline for Funding Year 2004 applications was February 4, 2004. See SLD website, . 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para.
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  • on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-158897, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 18435 (Com. Car. Bur. 2001). 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange
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  • Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Brother Larry Lavallee, Corpus Christi Church and School, to Federal Communications Commission, filed March 2, 2005 (Request for Waiver). 47 C.F.R. � 1.3. >. 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para.
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  • Greenport Public Schools, to Federal Communications Commission, filed October 29, 2003 (Request for Waiver). 47 C.F.R. � 1.3. Id. The deadline for Funding Year 2002 applications was January 17, 2002. See SLD website, . 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange
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  • Cir. 1990). See Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Com. Car. Bur. 2001). See also Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See Request for Review by Anderson School, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc.,
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  • (D.C. Cir. 1990). See, e.g., Request for Waiver by Stephen-Argyle Central School District, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association, Inc., File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Acc. Pol. Div. 2001); Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See Request for Review by Anderson School Staatsburg, Federal-State Joint Board on Universal Service, Changes to the Board of Directors of the National Exchange Carrier Association,
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  • Robinson Deputy Chief Telecommunications Access Policy Division Wireline Competition Bureau Letter from Nancy Miller, Worth School District 127, to Federal Communications Commission, filed February 24, 2005 (Request for Waiver). 47 C.F.R. � 1.3. >. 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para.
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  • Board of Education, to Federal Communications Commission, filed June 7, 2004 (Request for Waiver). 47 C.F.R. � 1.3. Id. The deadline for Funding Year 2003 applications was February 6, 2003. See SLD website, . 47 C.F.R. � 1.3. See Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990). See Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para 28 (1999). See also Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Order, DA 05-430, para.
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  • action concerning its failure to contribute to the universal service fund (``USF'') and its failure to file Telecommunications Reporting Worksheets. According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. Following USAC's referral, the Bureau sent QuickLink a Letter of Inquiry (``LOI'') to obtain information concerning whether the company violated section 54.706 of the Commission's rules, involving the requirement to contribute to USF. The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email. The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
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  • as the Commission's Lifeline program for low-income consumers. These rule changes became effective on a prospective basis, beginning November 1, 1999. ORDERING CLAUSE Accordingly, IT IS ORDERED, pursuant to sections 1, 4(i), 5(c), 201, 202, and 254 of the Communications Act of 1934, as amended, 47 U.S.C. �� 151, 154(i), 155(c), 201, 202, and 254, and sections 0.91, 0.291, 1.106, 54.706, 54.722 of the Commission's rules, 47 C.F.R. �� 0.91, 0.291, 1.106, 54.706, and 54.722, that BellSouth Corporation's Petition for Reconsideration and Clarification of the Commission's Fifth Circuit Remand Order IS GRANTED, IN PART, to the extent provided herein. FEDERAL COMMUNICATIONS COMMISSION Thomas J. Navin Chief, Wireline Competition Bureau Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th
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  • its failure to contribute to the Universal Service Fund (``USF'') and its failure to file Telecommunications Reporting Worksheets as required by Commission rules. According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. Following USAC's referral, the Bureau sent QuickLink the LOI to obtain information concerning whether the company violated section 54.706 of the Commission's rules, involving the requirement to contribute to USF. The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email. The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
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  • The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Locus for possible violations of the universal service reporting and contribution requirements of section 254 of the Communications Act of 1934, as amended (``the Act'') and certain Commission rules relating to universal service, the Telecommunications Relay Service Fund and the North American Numbering Plan Administration, sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules. The Enforcement Bureau and Locus 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 relating to this matter, we conclude that
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  • Bureau: In this Order, 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
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  • and circumstances surrounding this case are set forth in the Notice of Apparent Liability for Forfeiture issued by the Bureau in December 2004, and need not be reiterated at length here. BigZoo sells prepaid long distance phone service, and is therefore a telecommunications carrier providing interstate service that is required to contribute to the Universal Service Fund (``USF'') under section 54.706 of the Commission's rules. In October 2004, the Universal Service Administrative Company (``USAC'') referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the USF. Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, and directed BigZoo
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  • this Order, we adopt 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
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  • adopting the terms of 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)
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  • of the Commission's investigation. 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
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  • the attached Consent Decree 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
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  • Order, we adopt the 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
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  • 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 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
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  • filed). See Mescalero Order, 20 FCC Rcd 5848 (upholding a Bureau-level decision denying an Request for Review as untimely filed). See also Request for Waiver by Stephen-Argyle Central School District, Stephen, Minnesota, File No. SLD-228975, CC Docket Nos. 96-45 and 97-21, Order, 16 FCC Rcd 15879, 15880-81, paras. 4-5 (Com. Car. Bur. 2001); Petitions for Waiver or Reconsideration of Sections 54.706, 54.709 and/or 54.711 of the Commission's Rules, CC Docket 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd 20769, 20783, para. 28 (1999). But see Request for Waiver filed by Greenfield Public School District, Shutesbury, Massachusetts, CC Docket No. 02-6, Order, DA 06-487 (Wireline Comp. Bur. rel. Feb. 28, 2006) (the Bureau granted a waiver request
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  • at 1-2. See also Letter of Appeal at 1-2. 47 C.F.R. � 1.3. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990) (Northeast Cellular). WAIT Radio v. FCC, 418 F.2d 1153, 1159 (D.C. Cir. 1969); Northeast Cellular, 897 F.2d at 1166. Northeast Cellular, 897 F.2d at 1166. See, e.g., Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commission's Rules, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Seventeenth Order on Reconsideration, 15 FCC Rcd. 20769, 20783, para. 28 (1999); Requests for Waiver by Atlanta Public Schools, et al., Schools and Libraries Universal Service Support Mechanism, File Nos. SLD-368262, 82100, 382102, 382121, 356136, 358015, 352661, 385183,
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  • dismissed, 531 U.S. 975 (2000). The Commission also requires certain other providers of telecommunications to contribute to the Fund. See, e.g., Universal Service Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006). Id.; see also 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. Id. at 9207, para. 846. Id. 47 C.F.R. � 54.708. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd. 1679, 1685, para. 15 (1999). 47
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  • 18, 2004) (Howe Affidavit). Administrator's Decision on Contributor Appeal, March 5, 2004 (Administrator's Decision). Request for Review at 1. 47 U.S.C. � 254(d). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9179, para. 787 (1997) (Universal Service First Report and Order) (subsequent history omitted). Id.; see also 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 97-21, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). The Commission adopted the Worksheet and attached it as Appendix C to the Second Order on
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  • See, e.g., Universal Service Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (requiring interconnected Voice over internet protocol providers to contribute to the Fund because they are providers of interstate telecommunications). Id.; see also 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. Id. at 9207, para. 846. Id. 47 C.F.R. � 54.708. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96- 45, Sixteenth Order on Reconsideration, 15 FCC Rcd. 1679, 1685, para. 15 (1999). 47
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  • in connection with replacing local private line services provisioned under tariff by AT&T prior to the advent of effective special access tariffs). See Universal Service Order, 12 FCC Rcd at 9175, � 780; 9355-56 at Appendix I (stating that private line services qualify as ``telecommunications'' and adopting rules providing for universal service contributions by interstate telecommunications carriers); 47 C.F.R. � 54.706(a) (stating that entities that provide ``interstate telecommunications'' - including ``private line service'' - to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered ``telecommunications carriers'' providing interstate telecommunications services and must contribute to the universal service support mechanisms.). In its August 19, 2005 Letter explaining its reasons
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  • that Radiant has isolated the revenues associated with its information services, it is not required to contribute to universal service based on those revenues. See, e.g., id. at para. 22. (2005) (noting Radiant's approval to offer telecommunications service in Tennessee in 2003). AT&T Declaratory Ruling, 19 FCC Rcd at 7463, para. 10. Id. at 7471, para. 20. 47 C.F.R. � 54.706. See 47 C.F.R. 54.713. Federal Communications Commission DA 07-2922 Federal Communications Commission DA 07-2922 ( � �@��� W c f " � � � � h � � � � � * � 0 0 ( 5
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  • Inc., 921 Eastwind Drive, Suite 104, Westerville, Ohio 43081. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief Enforcement Bureau 47 C.F.R. � 54.711(a). 47 U.S.C. �� 154(i), 154(j), 218, 403. The Telecommunications Act of 1996 amended the Communications Act of 1934, see Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. � 254(d). 47 C.F.R. � 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. See 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.''); Universal Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21
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  • of the Federal Communications 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
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  • Form 499-A (2007) (annual ``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,
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  • confirmation of the facsimile 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
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  • requirement to pay regulatory fees. See 47 C.F.R. � 54.708. In this Public Notice, the term ``telecommunications providers'' includes ``telecommunications carriers'' as well as certain other providers of ``telecommunications,'' such as payphone providers that are aggregators, providers of interstate telecommunications for a fee on a non-common carrier basis, and interconnected Voice 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
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  • the Enforcement Bureau: In 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
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  • June 10, 2008 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,
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  • to sections 4(i), 4(j), 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
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  • �13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to 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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  • L.P., and MultiTechnology Services, L.P., Request for Review of Pan Am Wireless, Inc., and Request for Review of USA Global Link, Inc., WC Docket No. 06-122, CC Docket Nos. 96-45 and 96-262, Order on Reconsideration, 23 FCC Rcd 6221 (2008). Certain government entities, broadcasters, schools, libraries, system integrators, and self-providers are also exempt from the contribution requirement. 47 C.F.R. � 54.706(d). Unless a carrier meets one of the exemptions, however, it must contribute to the universal service fund. See Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 777; see also 47 U.S.C. �� 153(22), 153(43), 153(44), 153(46). See Universal Service First Report and Order, 12 FCC Rcd at 9178, para. 786. Id. Id. Id. (last visited Apr.
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  • Enforcement Bureau (the ``Bureau'') and Cincinnati Bell, Inc., Cincinnati Bell Telephone Company and Cincinnati Bell Extended Territories, Inc. (``Cincinnati Bell''). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Cincinnati Bell for possible violations of sections 9(a)(1), 225(b)(1) and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1151, 1.1154, 1.1157(b)(1), 52.17, 52.32, 54.706, 54.711, 54.713, and 64.604 of the Commission's Rules, relating to universal service, and certain Rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan Administration (``NANPA''), Local Number Portability (``LNP'') and regulatory fees. The Bureau and Cincinnati Bell have negotiated the terms of the Consent Decree that resolve this matter. A copy of the
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  • the attached Consent Decree entered into between the Enforcement Bureau (the ``Bureau'') and Supra Telecommunications & Information Systems , Inc. f/k/a Supra Telecommunications & Information Systems Acquisitions Corp. (``Supra''). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Supra for possible violations of section 254 of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules, relating to universal service. The Bureau and Supra 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 the public interest would be served
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  • for the universal service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Number and Title: 54.701 Administrator of universal service support mechanisms. 54.702 Administrator's functions and responsibilities. 54.703 The Administrator's Board of Directors. 54.704 The Administrator's Chief Executive Officer. 54.705 Committees of the Administrator's Board of Directors. 54.706 Contributions. 54.708 De minimis exemption. 54.709 Computations of required contributions to universal service support mechanisms. 54.711 Contributor reporting requirements. 54.715 Administrative expenses of the Administrator. SUBPART I-REVIEW OF DECISIONS ISSUED BY THE ADMINISTRATOR Brief Description: These rules specify the requirements regarding review of decisions issued by the Universal Service Administrative Company. These rules establish the filing requirements, review process, and
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the third quarter of 2009, recover through a federal universal service line item an amount that exceeds 12.9 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • of telecommunications to contribute to the universal service fund. See, e.g., Universal Service Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006). Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787; 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787. The Act and the Commission's rules do, however, exempt certain carriers from the contribution requirement. For example, carriers are not required to contribute directly to the universal service fund in a given year if their contribution for that year would be less than $10,000. 47 C.F.R. �
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the fourth quarter of 2009, recover through a federal universal service line item an amount that exceeds 12.3 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the first quarter of 2010, recover through a federal universal service line item an amount that exceeds 14.1 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base the
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  • 31, 2009 Released: March 31, 2009 By the Enforcement Bureau: In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Inmate Telephone, Inc. (``Inmate''). The Consent Decree terminates an investigation by the Bureau against Inmate for possible violations of section 254 of the Communications Act of 1934, as amended (the ``Act'') and sections 54.706 and 54.711 of the Commission's rules relating to reporting and contribution requirements for the universal service fund (``USF''). The Bureau and Inmate 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
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  • Network Services, LLC of Decision of Universal Service Administrator, CC Docket No. 96-45 (filed Jan. 9, 2007) (Watercom/Mobex Request for Review). 47 U.S.C. � 254(d). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9171-86, paras. 772-800 (1997) (Universal Service First Report and Order) (subsequent history omitted); see also 47 C.F.R. � 54.706(a). 47 U.S.C. � 332(d)(1). 47 U.S.C. � 332(c)(1); Universal Service First Report and Order, 12 FCC Rcd at 9188-89, para. 805 & n.2065. AMTS providers use public coast stations to provide their services to the maritime community, permitting ships to send and receive messages and to interconnect with the public switched telephone network. See Amendment of Parts 2, 81 and
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  • on Universal Service, Access Charge Reform, Price Cap Performance Review for Local Exchange Carriers, Transport Rate Structure and Pricing, End User Common Line Charge, CC Docket Nos. 96-45, 96-262, 94-1, 91-213, 95-72, Fourth Order on Reconsideration, 13 FCC Rcd 5381, 5482, para. 298. Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787; see 47 C.F.R. � 54.706. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). Id. at 18415, para. 25. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements
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  • contribution and other related rules and 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
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  • Review of a Decision of the Universal Service Administrator, CC Docket Nos. 96-45, 97-21 (filed June 26, 2006) (AT&T Request for Review); Request for Review of a Decision on Remand of the Universal Service Administrator by Eureka Broadband Corporation, CC Docket Nos. 96-45, 97-21 (filed June 23, 2006) (Eureka Request for Review). 47 U.S.C. � 254(d). See 47 C.F.R. � 54.706; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9206-07, paras. 843-44 (1997) (discussing why the Commission determined not to assess gross revenues); Federal-State Joint Board on Universal Service; Access Charge Reform, CC Docket Nos. 96-45, 96-262, Sixteenth Order on Reconsideration and Eighth Report and Order, Sixth Report and Order, 15 FCC
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  • or an investigation into USAC's practices, see Compass Global Request for Review-we deny the requests because such requests are either moot in light of the action we take in this order or the petitioners have not met their burdens to show that such relief is necessary and in the public interest. 47 U.S.C. � 254(d). Id.; see 47 C.F.R. � 54.706; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9206-07, paras. 843-44 (1997) (discussing why the Commission determined not to assess gross revenues); Federal-State Joint Board on Universal Service; Access Charge Reform, CC Docket Nos. 96-45, 96-262, Sixteenth Order on Reconsideration and Eighth Report and Order, Sixth Report and Order, 15 FCC
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  • 18842, para. 81 (1997); see also 47 C.F.R. � 54.711(c). (last visited July 22, 2010). The actual due date for filing the Form 499-A may vary. See 47 C.F.R. � 1.4(j) (noting that if a filing date falls on a Saturday, Sunday, or officially recognized holiday, the document must be filed on the next business day). See 47 C.F.R. �� 54.706, 54.711, 54.713. See 47 C.F.R. � 52.17. See 47 C.F.R. �� 64.601(b), 64.604(c)(5)(iii)(B). See 47 C.F.R. �� 64.601(b), 64.604(c)(5)(iii)(B). Alexicon Petition at 3. Alexicon Petition at 2; Cordova Comments at 1-2. Alexicon Petition at 2-3. See National Exchange Carrier Association (NECA) Comments at 2 & n. 4. For example, if the Commission changed the filing date of the FCC Form
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  • 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (requiring interconnected voice over Internet protocol (VoIP) providers to contribute to the universal service fund because they are providers of interstate telecommunications). Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787; see also 47 C.F.R. � 54.706. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). Id. at 18415, para. 25. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements
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  • 92-237, 99-200, 95-116, 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (2006 Universal Service Contribution Methodology Order) (requiring interconnected voice over internet protocol providers to contribute to the universal service fund because they are providers of interstate telecommunications). Universal Service First Report and Order, 12 FCC Rcd at 9171, para. 772; 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Dockets Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd at18400, 18423--24, para. 41; see 47 C.F.R. � 54.701. (1997) (Universal Service Second Order on Reconsideration). 47 C.F.R. � 54.711(a) (setting forth reporting requirements in
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  • Order, 20 FCC Rcd at 10272. Id. at n. 152. See 47 C.F.R. �� 1.20000 - 1.20008. See 47 C.F.R. �� 64.2001 - 64.2009. See 47 C.F.R. �� 64.601 - 64.608. See 47 C.F.R. �� 6.1 - 6.23 and 7.1 - 7.23. See 47 C.F.R. �� 52.20 - 52.33 See 47 C.F.R. �� 4.1 - 4.13. See 47 C.F.R. � 54.706. See 47 C.F.R. � 64.604. See 47 C.F.R. � 52.17. See 47 C.F.R. � 52.32. See 47 C.F.R. � 1.80(b)(3). 47 U.S.C. � 503(b)(5). Federal Communications Commission DA 10-2069 Federal Communications Commission DA 10-2069 FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 � -�-&U)�E/A8 |���PNG (c)|)Q��@0����� �~.� � �-c���"Pg� �c)�0O��) b�"c�� ��-� �!|} 2 ����un�''...��� }^�;u������.l ��jX��F�D�r� qvW�C�`��K]L����q���b##}J@j!-�ыp�=܈ �7�Z�"�NzKZߌE�� F���)%3{�Rg*w��/�yD߂z,���](n��2/cmL� \A% �g�@}��
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the first quarter of 2011, recover through a federal universal service line item an amount that exceeds 15.5 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • Office of Management and Budget (OMB) Approved Information Collection Requirements, 73 Fed. Reg. 57543 (Oct. 3, 2008) (establishing an expiration date of September 30, 2010 for FCC Forms 499-A and 499-Q, OMB control number 3060-0855). See 47 C.F.R � 54.708 (establishing a de minimis exception for contributors whose obligations are less than $10,000 in a given year); 47 C.F.R. � 54.706(b) (requiring that projected collected revenues are net of projected contributions). The circularity factor used to determine the estimation factor corresponds to the highest contribution factor for the year. 47 C.F.R. � 54.706(b). Proposed First Quarter 2009 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, 23 FCC Rcd 17947 (Off. of Man. Dir. 2008); Proposed Second Quarter 2009 Universal
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  • ORDER Adopted: March 18, 2010 Released: March 18, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Comtel Telcom Assets LP ("Comtel"). The Consent Decree terminates an investigation by the Bureau of Comtel's compliance with Section 254(d) of the Communications Act of 1934, as amended,1and section 54.706 of the Commission's Rules,2relating to payment of Universal Service Fund contributions. 2. The Bureau and Comtel have negotiated the terms of the Consent Decree that resolve this investigation. 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 find that the
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the second quarter of 2010, recover through a federal universal service line item an amount that exceeds 15.3 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • Best Phone's Petition for Reconsideration of Forfeiture Order (dated June 18, 2008) (``Petition for Reconsideration''). Local Phone Services, Inc., Order of Forfeiture Order, 23 FCC Rcd 8952 (2008) (``Forfeiture Order''). The Forfeiture Order imposed a monetary forfeiture for LPSI's willful and repeated violations of Section 254(d) of the Communications Act of 1934, as amended, 47 U.S.C. � 254(d), and Sections 54.706(a) and 54.711(a) of the Commission's Rules, 47 C.F.R. �� 54.706(a), 54.711(a). The noted violations involved LPSI's failure to timely submit certain Telecommunications Reporting Worksheets and LPSI's failure to timely contribute to the Universal Service Fund. The granting of LPSI's request herein does not affect the validity of the Forfeiture Order. Cancellation of the Certificate of Convenience and Authority Previously Granted
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  • we adopt the attached 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
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  • (Bureau) to consider requests for review of decisions by USAC. 47 C.F.R. � 54.722(a). Alliance Request for Review at 1. 47 U.S.C. � 254(d). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9179, para. 787 (1997) (Universal Service First Report and Order) (subsequent history omitted). Id.; see 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC Docket No. 97-21, Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). The Commission adopted the Telecommunications Reporting Worksheet and attached it as Appendix C to the Second
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  • Nos. 96-45, 98-171, 90-571, 92-237,99-200, 95-116, and 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (requiring interconnected voice over Internet protocol (VoIP) providers to contribute to the universal service fund because they are providers of interstate telecommunications). Universal Service First Report and Order, 12 FCC Rcd at 8797, para. 787; see 47 C.F.R. � 54.706. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos. 97-21, 96-45, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400 (1997) (Second Order on Reconsideration). Id. at 18415, para. 25. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in accordance with Commission announcements
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  • are not required to contribute. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Sixteenth Order on Reconsideration, 15 FCC Rcd 1679, 1685, para. 15 (1999). Certain government entities, broadcasters, schools, libraries, systems integrators, and self-providers are also exempt from the contribution requirement. 47 C.F.R. � 54.706(d). Also, if an entity provides broadband transmission service to an Internet Service Provider (ISP) on a non-common carrier (i.e. a private carriage basis), that entity is not required to contribute to universal service on the basis of revenues derived from the provision of that transmission service. Wireline Broadband Internet Access Services Order, 20 FCC Rcd at 14909-10, para. 103; id.
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the third quarter of 2011, recover through a federal universal service line item an amount that exceeds 14.4 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • 57 Tz (2) Tj 1 0 0 1 90.45 159.149 Tm 98 Tz (U.S.C. � 254\(d\).) Tj 1 0 0 1 77.75 141.399 Tm 95 Tz /OPBaseFont2 10 Tf (See) Tj 1 0 0 1 94.3 141.649 Tm 93 Tz /OPBaseFont1 10 Tf (47 C.F.R. � �) Tj 1 0 0 1 148.55 141.649 Tm 98 Tz /OPBaseFont2 10 Tf (54.706,) Tj 1 0 0 1 181.2 141.649 Tm 99 Tz /OPBaseFont1 10 Tf (54.711, 54.713 \(requiring all telecommunications carriers providing interstate) Tj 1 0 0 1 72.2 129.849 Tm (telecommunications services and certain other providers of interstate telecommunications to file the annual) Tj 1 0 0 1 72 118.349 Tm (Telecommunications Reporting Worksheet \(FCC Form 499-A\)\); FCC Form 499-A Telecommunications
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the fourth quarter of 2011, recover through a federal universal service line item an amount that exceeds 15.3 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • Tj 1 0 0 1 69.6 356.899 Tm 90 Tz /OPBaseFont3 10 Tf (71d.) Tj 1 0 0 1 89 356.899 Tm 99 Tz /OPBaseFont2 10 Tf (at 9171, para. 772; 47 C.F.R.) Tj 1 0 0 1 208.55 355 Tm 71 Tz /OPBaseFont0 10 Tf (�) Tj 1 0 0 1 216 356.649 Tm 96 Tz /OPBaseFont2 10 Tf (54.706.) Tj 1 0 0 1 69.6 343.699 Tm 47 Tz /OPBaseFont0 10 Tf (8) Tj 1 0 0 1 76.299 339.149 Tm 100 Tz /OPBaseFont3 10 Tf (Universal Service First Report and Order,) Tj 1 0 0 1 249.8 338.899 Tm 98 Tz /OPBaseFont2 10 Tf (12 FCC Rcd at 9179, para. 787.) Tj 1 0 0 1 69.35 321.849
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the first quarter of 2012, recover through a federal universal service line item an amount that exceeds 17.9 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 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
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  • functions and responsibilities, as well as the composition of the Administrator's Board of Directors and Committees. These rules also establish requirements regarding contributions and contributor reporting requirements. Need: In implementing statutory requirements for the universal service support mechanism, these rules provide the framework and requirements for the administration of the program. Legal Basis: 47 U.S.C. 254. Section Number and Title: 54.706(d) Contributions. 54.708 De minimis exemption. 54.711 Contributor reporting requirements. PART 61-TARIFFS Subpart A-GENERAL Brief Description: The Part 61 rules are designed to implement the provisions of sections 201, 202, 203, and 204 of the Communications Act of 1934, as amended, and ensure that rates are just, reasonable, and not unjustly or unreasonably discriminatory. These rules govern the filing, form, content,
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the second quarter of 2011, recover through a federal universal service line item an amount that exceeds 14.9 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • Public Utilities, to Office of the Secretary, FCC, WC Docket No. 06-122 (filed Oct. 1, 2010) (Manitowoc Request). Manitowoc's FCC Filer ID is 825651. The Commission has delegated authority to the Wireline Competition Bureau to consider requests for review of decisions made by USAC. 47 C.F.R. � 54.722(a). Manitowoc Request at 1. 47 U.S.C.A. � 254(d). See 47 C.F.R. �� 54.706, 54.711, 54.713 (requiring all telecommunications carriers providing interstate telecommunications services and certain other providers of interstate telecommunications to file the annual Telecommunications Reporting Worksheet (FCC Form 499-A)); Universal Service Administrative Company, Schedule of Filings, at http://www.universalservice.org/fund-administration/contributors/revenue -reporting/schedule-filings.aspx (last visited Feb. 28, 2011) (USAC 499 Filing Schedule). 47 C.F.R. � 54.708 (``If a contributor's contribution to universal service in any given
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  • 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. � 1.1206(b). See Implementation of Interim
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-573A1_Rcd.pdf
  • 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 the USF based
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  • No. 201132080025 FRN 0010267862 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-737A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-737A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-737A1.txt
  • CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (requiring interconnected voice over Internet Protocol providers to contribute to the universal service fund because they are providers of interstate telecommunications). Universal Service First Report and Order, 12 FCC Rcd at 9171, para. 772; 47 C.F.R. � 54.706. Changes to the Board of Directors of the National Exchange Carrier Association, Inc.; Federal-State Joint Board on Universal Service, CC Dockets Nos. 96-45, 97-21, Report and Order and Second Order on Reconsideration, 12 FCC Rcd 18400, 18423-24, para. 41 (1997) (Universal Service Second Order on Reconsideration); see 47 C.F.R. � 54.701. 47 C.F.R. � 54.711(a) (setting forth reporting requirements in
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  • 99-200, 95-116, 98-170, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518 (2006) (2006 Universal Service Contribution Methodology Order) (requiring interconnected voice over Internet protocol providers to contribute to the universal service fund because they are providers of interstate telecommunications). Universal Service First Report and Order, 12 FCC Rcd at 9707, para. 787; see 47 C.F.R. � 54.706. 47 C.F.R. � 54.706(b). Telecommunications providers with purely intrastate or international revenues are not required to contribute to the universal service fund. Universal Service First Report and Order, 12 FCC Rcd at 9174, para. 779; Federal-State Joint Board on Universal Service; Access Charge Reform, CC Docket Nos. 96-45, 96-262, Sixteenth Order on Reconsideration and Eighth Report and Order, Sixth Report
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  • Tm 53 Tz /OPBaseFont1 10 Tf (2) Tj 1 0 0 1 90 121.699 Tm 98 Tz (U.S.C.A. �) Tj 1 0 0 1 137 121.949 Tm 96 Tz /OPBaseFont2 10 Tf (254\(d\).) Tj 1 0 0 1 77.5 104.199 Tm 95 Tz (See) Tj 1 0 0 1 93.8 104.199 Tm 106 Tz /OPBaseFont1 10 Tf (47 C.F.R. � 54.706,) Tj 1 0 0 1 181.2 104.449 Tm 98 Tz /OPBaseFont2 10 Tf (54.711. 54.7) Tj 1 0 0 1 232.05 104.199 Tm /OPBaseFont1 10 Tf (13 \(requiring all telecommunications carriers providing interstate) Tj 1 0 0 1 72 92.649 Tm 99 Tz (telecommunications services and certain other providers of interstate telecommunications to file the annual) Tj 1 0 0
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  • Enforcement Bureau: In this 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
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the second quarter of 2012, recover through a federal universal service line item an amount that exceeds 17.4 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Telrite Corporation (Telrite). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (NAL) by the Commission against Telrite for possible violations of Sections 9(a)(1), 225(b)(1), 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157(b)(1), 52.17(a), 52.17(b), 52.32(a), 52.32(b), 54.706, 54.711, 64.604(c)(5)(iii)(A), and 64.604(c)(5)(iii)(B) of the Commission's rules concerning the payment of annual regulatory fees; contributions to the Universal Service Fund and Telecommunications Relay Services Fund; contributions to cost-recovery mechanisms for North American Numbering Plan and Local Number Portability administration; and the submission of information as set forth on the Telecommunications Reporting Worksheets (i.e., FCC Forms 499-A and 499-Q). A
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  • emphasize that carriers may not mark up federal universal service line-item amounts above the contribution factor. Thus, carriers may not, during the third quarter of 2012, recover through a federal universal service line item an amount that exceeds 15.7 percent of the interstate telecommunications charges on a customer's bill. In addition, under the limited international revenues exception (LIRE) in section 54.706(c) of the Commission's rules, a contributor to the universal service fund whose projected collected interstate end- user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues shall contribute based only on projected collected interstate end-user telecommunications revenues, net of projected contributions. The rule is intended to exclude from the contribution base
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  • inserting ``of this chapter'' after ``� 61.46(d)'' Amend Appendix B, � 69.156 by replacing ``�� 32.6610 of this chapter and 69.403'' with ``� 32.6610 of this chapter and � 69.403'' and by inserting ``of this chapter'' after ``� 61.42(d)(1)'' Amend Appendix B, � 69.157 by replacing ``end user'' with ``end-user'' Amend Appendix B, � 69.158, first sentence by replacing ``� 54.706 and � 54.709'' with ``�� 54.706 and 54.709 of this chapter'', first, third and fourth sentences, by replacing ``ILEC'' with ``incumbent LEC'', and last sentence by inserting ``as'' between ``Centrex lines,'' and ``per � 69.153(e).'' Amend Appendix E caption to read ``CALLS Ex Parte Filings Modifying the Proposal'' Amend Appendix E, eighth bullet, to read ``Letter from Anne K. Bingaman,
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  • minimis carriers. We also seek comment on whether and how carriers should true-up contribution amounts to reflect changes in their de minimis status during the relevant reporting period. Limited International Revenues Exception We also seek comment on whether to modify the limited exception to our contribution requirements for carriers with a low percentage of interstate end-user telecommunications revenues. Under section 54.706(c) of our rules, a provider of interstate and international telecommunications is not required to contribute based on its international telecommunications end-user revenues if its interstate end-user telecommunications revenues constitute less than eight percent of its combined interstate and international end-user telecommunications revenues. The rule is intended to exclude from the contribution base the international end-user telecommunications revenues of any telecommunications
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  • discontinuance of service. The Bureau was made a party to the Proceeding. 4. On August 20, 2003, the presiding officer issued a Memorandum Opinion and Order expanding the hearing to determine whether: 1) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to federal universal service support programs in violation of section 254(d) of the Act and section 54.706 of the Commission's rules; 2) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to the Telecommunications Relay Services (``TRS'') Fund, in violation of section 64.604(c)(5)(iii)(A) of the Commission's rules; and 3) BOI, BUZZ, U.S. Bell/LINK had failed to file Telecommunications Reporting Worksheets in violation of sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules. The presiding officer
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  • actual contribution bases have been based on slightly different amounts than those shown. International revenues are excluded from the contribution base if the total of amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. �54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). Source: Industry Analysis and Technology Division, Wireline Competition Bureau, Telecommunications Industry Revenues (March 2005).
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  • actual contribution bases have been based on slightly different amounts than those shown. International revenues are excluded from the contribution base if the total of amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. �54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). Source: Industry Analysis and Technology Division, Wireline Competition Bureau, Telecommunications Industry Revenues (March 2005).
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  • the reported information; and.'' 4. In Appendix A, page 29 of the document, we replace ``A statement that it has complied with the reporting requirements described in section 64.5001(a) above'' with ``A statement that it has complied with the reporting requirements described in paragraph (a) of this section.'' 5. In Appendix A, page 29 of the document, we replace ``Section 54.706 is amended by adding new paragraph (a)(18) . . .'' with ``Section 54.706 is amended by adding new paragraph (a)(19) . . . .'' 6. In Appendix A, page 29 of the document, we replace ``(18) Prepaid calling card providers'' with ``(19) Prepaid calling card providers.'' FEDERAL COMMUNICATIONS COMMISSION Tamara L. Preiss Chief, Pricing Policy Division Wireline Competition Bureau ________________________Federal
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  • Contribution Base Revenues By Program 1 /: 2004 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-269251A3.txt
  • Contribution Base Revenues By Program 1 /: 2004 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-273733A1.pdf
  • a pre-approval requirement on both groups "would be disruptive to wireless contributors who, unlike interconnected VoIP providers, are already relying on the current regime." Id. Finally, the Commission suspended the so-called carrier's carrier rule, which prevents duplicative USF contributions at the wholesale and retail levels. The rule accomplishes this by basing contributions only on "end-user telecommunications revenues." 47 C.F.R. � 54.706(b). The Commission suspended the rule with respect to VoIP for two quarters following issuance of the Order, explaining that "if 8 carriers are permitted to invoke the carrier's carrier rule immediately to exclude revenues from interconnected VoIP providers, the result could be a net decrease in the Fund in the short term," a result inconsistent with its obligation to "preserve
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274025A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-274025A1.txt
  • actual contribution bases have been based on slightly different amounts than those shown. 2/International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
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  • service, the sum of the number of filers by service type in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenue to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service. The primary reason that only 2,462 of the 5,428 filers actually contribute to the universal service fund is that no contribution
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  • contribution base 3/ $66.388 Normalized contributions due for 2005 $7.004 error rate 6.05% Estimated sum of erroneous billing amounts $0.424 1/ Quarterly figures taken from Commission Public Notices: DA-04-3902; DA 05-648; DA 05-1664; and DA 05-2454 2/ Telecommunications Industry Revenues -- 2005, June 2007, Table 4. 3/ Billable base Less Circularity adjustment See 47 U.S.C. � 254(b)(4); 47 C.F.R �� 54.706-713. Pub. L. 107-300, 116 Stat. 2350. 47 C.F.R. �� 54.706, 54.711, and 54.713. See Universal Service Contribution Methodology, WC Docket Nos. 06-122 and 04-36, CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-116, and 98-170, Report and Order and Further Notice of Proposed Rule Making,21 FCC Rcd 7518, FCC 06-94 (Released June 27, 2006). The Commission defines ``interconnected VoIP service''
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  • Contribution Base Revenues By Program 1 /: 2005 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See iFederal-State Joint Board on Universal Service , et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-279226A3.txt
  • Contribution Base Revenues By Program 1 /: 2005 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See iFederal-State Joint Board on Universal Service , et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284929A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-284929A1.txt
  • bases have been based on slightly different amounts than those shown. 2/International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board , on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A1.pdf
  • support mechanisms [ Line 511 (a) ] 340 equals $236,398 1/ 2/International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-287688A3.pdf
  • support mechanisms [ Line 511 (a) ] 340 equals $236,398 1/ 2/International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289171A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289171A1.txt
  • service, the sum of the number of filers by service type in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenue to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service. The primary reason that only 2,727 of the 6,252 filers actually contribute to the universal service fund is that no contribution
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  • contribution bases have been based on different amounts than those shown. 2/International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board , on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A1.txt
  • Revenues By Program 1 /: 2007 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-295442A3.txt
  • Revenues By Program 1 /: 2007 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
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  • service, the sum of the number of filers by service type in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenue to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service. The primary reason that only 2,773 of the 6,493 filers actually contribute to the universal service fund is that no contribution
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A1.txt
  • Base Revenues By Program 1: 2008 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A3.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-303886A3.txt
  • Base Revenues By Program 1: 2008 (Dollar Amounts Shown in Millions) International revenues are excluded from the contribution base if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306567A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306567A1.txt
  • than those shown. 2/A provider receives the LIRE Exemption, and its international revenues are excluded from the contribution base, if the total amount of interstate end-user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
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  • 2, 2010. A provider receives the LIRE Exemption, and its international revenues are excluded from the contribution base, if the total amount of interstate end- user revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international end-user revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
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  • No. EB-00-IH-0055 ) INTELLICALL OPERATOR SERVICES ) NAL/Acct. No. X32080023 FORFEITURE ORDER Adopted: October 27, 2000 Released: November 1, 2000 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Intellicall Operator Services (``Intellicall'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully failing to make a required contribution to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Intellicall's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Intellicall is liable for a forfeiture in the amount
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  • 13 FCC Rcd 13614 (1998) (application fees). See, e.g., 47 U.S.C. � 503; 47 C.F.R. � 1.80; see also Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). See 47 U.S.C. � 309(j). See 47 U.S.C. � 254(d); 47 C.F.R. � 54.706. See, e.g., 31 U.S.C. � 3512(b) (establishment and maintenance of systems of accounting and internal controls); 4 C.F.R. � 102.1(a) (requiring agencies to ``take aggressive action, on a timely basis, collect all claims of the United States''); 4 C.F.R. � 102.17 (requiring agencies to establish procedures to identify the causes of overpayments, delinquencies, and defaults, and the corrective actions needed).
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  • ) File No. EB 00-IH-0053 ) America's Tele-Network Corp. ) NAL/Acct. No. x32080024 FORFEITURE ORDER Adopted: November 30, 2000 Released: December 5, 2000 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, we find that America's Tele-Network Corp. (``ATNC'') has violated section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering ATNC's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that ATNC is liable for a forfeiture in the amount of one hundred
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  • under certain circumstances a state telecommunications network might qualify as a `telecommunications carrier.''' ICN Declaratory Ruling, 14 FCC Rcd at 3050. We note that, to date, ICN is the only such network to seek a common carrier designation. Fourth Order on Reconsideration, 13 FCC Rcd at para. 104. 47 U.S.C. � 251. See 47 U.S.C. � 254(d); 47 C.F.R. �� 54.706, et seq.; see also First Report and Order, 12 FCC Rcd at 9173; see also Fourth Order on Reconsideration, 13 FCC Rcd at 5476. See, e.g., 47 U.S.C. � 208. As a common carrier, ICN is also eligible to receive direct reimbursement from the Commission's rural health care support mechanism to the extent it provides supported telecommunications services to eligible
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  • No. EB-01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2001 Released: March 29, 2001 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that PTT Telekom, Inc. (``PTT'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that PTT is apparently liable for a forfeiture in the amount of $137,000. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
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  • minimis carriers. We also seek comment on whether and how carriers should true-up contribution amounts to reflect changes in their de minimis status during the relevant reporting period. Limited International Revenues Exception We also seek comment on whether to modify the limited exception to our contribution requirements for carriers with a low percentage of interstate end-user telecommunications revenues. Under section 54.706(c) of our rules, a provider of interstate and international telecommunications is not required to contribute based on its international telecommunications end-user revenues if its interstate end-user telecommunications revenues constitute less than eight percent of its combined interstate and international end-user telecommunications revenues. The rule is intended to exclude from the contribution base the international end-user telecommunications revenues of any telecommunications
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  • Commission Washington, D.C. 20554 In the Matter of ) File No. EB 01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 FORFEITURE ORDER Adopted: June 13, 2001 Released: June 15, 2001 By the Commission: 1. In this Forfeiture Order, we find that PTT Telekom, Inc. (``PTT'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that PTT is liable for a forfeiture in the amount of one hundred thirty-seven thousand dollars ($137,000), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 29, 2001, the Commission issued the NAL to PTT. We issued
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  • AT&T, Report and Order and Order on Reconsideration, CC Docket No. 96-45, FCC 01-85 (rel. March 14, 2001) (Contribution Order). 47 U.S.C � 254. 47 U.S.C. � 254(d). Federal-State Joint Board on Universal Service, Report and Order, CC Docket No. 96-45, 12 FCC Rcd 8776 at 9173-9179, paras. 777-786 (1997) (subseq. history omitted) (Universal Service Order). See 47 C.F.R. � 54.706(a) (``Entities that provide interstate telecommunications to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered telecommunications carriers providing interstate telecommunications services and must contribute to the universal service support programs.''). 47 C.F.R. �� 54.706, 54.709. 47 C.F.R. � 54.709. Federal Transtel Petition at 3. Federal Transtel asserts
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  • the difference through a separate monthly end-user charge, provided that no portion of such excess cost may be recovered through other common line access charges, or through Interstate Common Line Support. Section 69.131 is added as follows: � 69.131 Universal service end user charges. To the extent the company makes contributions to the Universal Service Support Mechanisms pursuant to sections 54.706 and 54.709 of this chapter and the non-price cap local exchange carrier seeks to recover some or all of the amount of such contribution, the non-price cap local exchange carrier shall recover those contributions through a charge to end users other than Lifeline users. The charge to recover these contributions is not part of any other element established pursuant to
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  • 3, 2001). Sprint and WorldCom filed comments in response to USTA's petition on May 25, 2001. See Contribution Interval Order, 16 FCC Rcd at 5752, para. 10. A detailed description of how universal service contributions are calculated can be found in the Seventeenth Order on Reconsideration. See Federal-State Joint Board on Universal Service; Petitions for Waiver or Reconsideration of Section 54.706, 54.709, and/or 54.711 of the Commission's Rules, Memorandum Opinion Order and Seventeenth Order on Reconsideration, CC Docket No. 96-45, 15 FCC Rcd 20769 (1999). Contribution Interval Order, 16 FCC Rcd at 5753, para. 13. Contribution Interval Order, 16 FCC Rcd at 5751-52, para. 9. Contribution Interval Order, 16 FCC Rcd at 5752, para. 11. Carriers now file on a quarterly
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  • EB -00-IH-0057 ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 FORFEITURE ORDER Adopted: February 8, 2001 Released: February 20, 2001 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Matrix Telecom, Inc. (``Matrix'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Matrix's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Matrix is liable for a forfeiture in the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FCC Form 499-Q, March 2001 Approved by OMB 3060-0855 Estimated Average Burden Hours Per Response: 6 Hours Telecommunications Reporting Worksheet, FCC Form 499-Q Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms * * * * * NOTICE TO INDIVIDUALS: Sections 54.706, 54.711, and 54.713 of the Federal Communications Commission's rules require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Telecommunications Reporting Worksheet (FCC Form 499-Q) on February 1, May 1, August 1,
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  • just, reasonable, and nondiscriminatory terms.). See Resale and Shared Use, 60 FCC 2d 261(1976), aff'd sub nom. AT&T v. FCC, 572 F.2d 17 (2d Cir.), cert. denied., 439 U.S. 895 (1978); Resale and Shared Use of Domestic Public Switched Network Services, 83 FCC 2d 167 (1980) recon. denied, 86 FCC 2d 820 (1981). 47 U.S.C. � 254(d). 47 C.F.R. � 54.706. 47 C.F.R. � 54.709. The Commission has stated that merely combining telecommunications service with an enhanced service does not automatically deem the combined service enhanced. Rather, ``the issue is whether, functionally, the consumer is receiving two separate and distinct services.'' Federal-State Joint Board on Universal Service, Fourth Order on Reconsideration, CC Docket No. 96-45, Access Charge Reform, Price Cap Performance
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  • the fourteen-day period following release of the Commission's public notice. If the Commission take no action within fourteen (14) days of the date of release of the public notice announcing the projections of demand and administrative expenses, the projections of demand and administrative expenses, and the contribution factor shall be deemed approved by the Commission. Except as provided in � 54.706(c), the Administrator shall apply the quarterly contribution factor, once approved by the Commission, to contributor's interstate and international end-user telecommunications revenues to calculate the amount of individual contributions. * * * * * 94. Section 54.711 is amended by revising paragraph (b) to read as follows: � 54.711 Contributor reporting requirements. * * * * * (b) The Commission shall
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  • SEND a copy of this Second Further Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary APPENDIX A - FINAL RULES Part 54 of the Code of Federal Regulations is amended as follows: PART 54-UNIVERSAL SERVICE Subpart H-Administration 1. Amend section 54.706 to revise paragraphs (b) and (c) as follows: � 54.706 Contributions (a) * * * (b) Prior to April 1, 2003, except as provided in paragraph (c) of this section, every telecommunications carrier that provides interstate telecommunications services, every provider of interstate telecommunications that offers telecommunications for a fee on a non-common carrier basis, and every payphone provider that is
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  • facilities. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 8797, para. 39-40 (1997) (First Report and Order) (subsequent history omitted). 47 U.S.C. � 254(d) (emphasis added). 47 U.S.C. �� 153(44), (46). 47 U.S.C. � 153(43). First Report and Order, 12 FCC Rcd at 9173, para. 777; see also 47 C.F.R. � 54.706. 47 U.S.C. �254(d). First Report and Order, 12 FCC Rcd 9183-9184, para. 794-797; see also 47 C.F.R. �54.706. First Report and Order, 12 FCC Rcd 9183-9184, para. 796. Id. at para. 799. Id. See CPE/Enhanced Services Bundling Order, 16 FCC Rcd at 7446-7447, para. 48. In the order, the Commission acknowledged that carriers may bundle xDSL services ``with CPE and
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  • the universal service mechanisms, the Telecommunications Relay Services Fund, the cost recovery mechanism for administration of the North American Numbering Plan, and the cost recovery mechanism for administration of long-term number portability. As a result, section 54.702(f) was made obsolete, but inadvertently was not deleted at that time. Accordingly, we delete it now. Limited International Revenues Exception Background Under section 54.706(c) of the Commission's rules, a provider of interstate and international telecommunications is not required to contribute based on its international telecommunications end-user revenues if its interstate telecommunications end-user revenues constitute less than eight percent of its combined interstate and international end-user telecommunications revenues. The rule is intended to exclude from the contribution base the international end-user telecommunications revenues of any
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  • 47 C.F.R. �� 20.9(b)(1), 101.1013. See generally 47 U.S.C. �� 229, 1001 et seq.; 47 C.F.R. Part 64, Subparts V and W. See, e.g., 47 C.F.R. �� 1.815, 22.321. See generally 47 U.S.C. � 225; 47 C.F.R. Part 64, Subpart F. See generally 47 U.S.C. � 251(e); 47 C.F.R. Part 52. See generally 47 U.S.C. � 254; 47 C.F.R. �� 54.706, 54.709. See generally 47 U.S.C. � 159; 47 C.F.R. Part 1, Subpart G. We note that while Section 9 of the Communications Act, 47 U.S.C. � 159, which prescribes the Commission's authority and obligation to collect regulatory fees, does not use the term ``licensee'' or ``carrier'' or any similar nomenclature, our orders prescribing regulatory fee amounts have used the term
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-113A1_Erratum.doc
  • 47 C.F.R. �� 20.9(b)(1), 101.1013. See generally 47 U.S.C. �� 229, 1001 et seq.; 47 C.F.R. Part 64, Subparts V and W. See, e.g., 47 C.F.R. �� 1.815, 22.321. See generally 47 U.S.C. � 225; 47 C.F.R. Part 64, Subpart F. See generally 47 U.S.C. � 251(e); 47 C.F.R. Part 52. See generally 47 U.S.C. � 254; 47 C.F.R. �� 54.706, 54.709. See generally 47 U.S.C. � 159; 47 C.F.R. Part 1, Subpart G. We note that while Section 9 of the Communications Act, 47 U.S.C. � 159, which prescribes the Commission's authority and obligation to collect regulatory fees, does not use the term ``licensee'' or ``carrier'' or any similar nomenclature, our orders prescribing regulatory fee amounts have used the term
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  • Docket No. 96-45, FCC 97-157 (rel. June 4, 1997), and Erratum, 13 FCC Rcd 24493 (1997), aff'd in part, rev'd in part, remanded in part sub nom, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied� 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 (2000) (Universal Service Order). See 47 C.F.R. �� 54.706, 54.709. Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Memorandum Opinion and Order and Further Notice of Proposed Rulemaking, 13 FCC Rcd 21252 (1998) (Interim CMRS Safe Harbor Order). See id. at 21258-60, paras. 13-15. Id. at 21258-59, para. 13. The interim safe harbor percentages for paging providers and SMR providers that do not primarily provide wireless telephony
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  • ) FRN No. 0009652801 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: September 26, 2003 Released: September 30, 2003 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL'') and Order, we find that Globcom, Inc. (``Globcom''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund and the Telecommunications Relay Service (``TRS'') Fund. We also find that Globcom apparently violated section 54.711(a) of the Commission's rules by willfully and repeatedly failing to file complete and accurate interstate and international revenue information. Based on our review of the facts
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  • line SLC cap is $7.00. See id. � 69.152(e)(1)(i). The SLC cap for the business customers of price cap carriers is $9.20 for all subscriber lines. See id. � 69.152(k)(1). See 47 C.F.R. � 69.153(a). The PICC applies to MLB customers only and is capped at $4.31 per line. See id. See 47 C.F.R. � 69.154. Compare 47 C.F.R. �� 54.706, 709(a), with 47 C.F.R. 69.153(a). See SLC Cost Study Order, 17 FCC Rcd at 10874, para. 12. 47 C.F.R. �� 69.104(a) (rate-of-return carriers), 69.152(a) (price cap carriers). See 47 C.F.R. Part 36, App.-Glossary. NYNEX Telephone Companies Revisions to Tariff F.C.C. No. 1, Transmittal No. 116, Memorandum Opinion and Order, 7 FCC Rcd 7938, para. 2 (Common Carrier Bureau 1992) (NYNEX
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  • broadcasters from the contribution requirements. In an Errata to the Fourth Reconsideration Order, the Commission clarified that the exemption for broadcasters of video programming extends to all broadcasters. Despite the Commission's statement in the Fourth Reconsideration Order equating ITFS licensees with broadcasters, WCA seeks further clarification that all ITFS licensees are exempt from universal service fund contribution requirements under section 54.706 of the Commission's rules. WCA argues that ambiguity exists as to whether ITFS constitutes a ``broadcast'' service entitled to exemption from universal service obligations. To give effect to the Commission's statement in the Fourth Reconsideration Order, WCA states that the Commission should clarify section 54.706(d) by adding ``ITFS licensees'' to list of entities that are exempt from universal service fund
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  • 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 of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. II. BACKGROUND The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that providers of such telecommunications comply with the requirements imposed on them by the Act and our rules. The
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  • 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 254(d) and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a), 64.604(c)(5)(iii)(A) and 52.17(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for North American Numbering Plan Administration (``NANPA''). Finally, we find that Teletronics has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by willfully and repeatedly failing to pay regulatory
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  • apparently liable for a total forfeiture of $606,500. We specifically find that Carrera Communications, LP (``Carrera'') has apparently violated sections 54.711(a) and 64.604 of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') or predecessor forms from 1999 through the current date. Further, we find that Carrera has apparently violated section 254(d) of the Act and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. We also find that Carrera has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by failing to pay regulatory fees to the Commission. Finally, we find that Carrera apparently violated Commission orders by
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  • 258 as well as section 201(b). See infra paras. 152-53. 47 U.S.C. � 151 (emphasis added); see also VoIP E911 Order at para. 29. 47 U.S.C. � 254(d). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9173, para. 777 (1997) (Universal Service Order) (subsequent history omitted); see also 47 C.F.R. � 54.706. Wireline Broadband NPRM, 17 FCC Rcd at 3051, para. 72; see also CPE/Enhanced Services Bundling Order, 16 FCC Rcd at 7446-47, para. 48. 47 U.S.C. � 254(d). Wireline Broadband NPRM, 17 FCC Rcd at 3052, para. 74. Id. at 3054, para. 79. E.g., Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order and Second Further Notice
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  • based on and uses end user telecommunications revenues in the United States, not settlement revenues paid by foreign carriers.''). Section 254(d) of the Act requires that interstate telecommunications carriers ``contribute ... to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service.'' 47 U.S.C. � 254(d). The Commission has implemented section 254(d) in section 54.706 of its rules, which states, in relevant part, ``every telecommunications carrier that provides interstate telecommunications services ... shall contribute to the federal universal service support mechanisms on the basis of its interstate and international end-user telecommunications revenues.'' 47 C.F.R. � 54.706. Under the Commission's rules, contributors whose interstate revenues comprise less than 12% of their combined interstate and international revenues
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  • since that time, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that TMI is apparently liable for a total forfeiture of $280,000. Specifically, we find that TMI has apparently violated sections 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''). We further find that TMI has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by failing to pay regulatory fees to the Commission. II. BACKGROUND The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that providers
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  • (``OCMC''), a telecommunications carrier that has been operating 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 the Universal Service Fund (``USF''). Specifically, we find that OCMC has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Federal Communications Commission's rules by willfully and repeatedly failing to contribute fully and timely to the USF. Based on our review of the facts and circumstances of this case, and for the reasons discussed below, we find that OCMC is apparently liable for a total monetary forfeiture in the amount of $1,133,761. II. BACKGROUND The Telecommunications Act of
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  • company is apparently liable for a total forfeiture of $282,000. We specifically find that BCE Nexxia Corporation (``BCE Nexxia'') has apparently violated sections 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets''). We also find that BCE Nexxia has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''). We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally-mandated programs including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute to
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  • 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 Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund on a timely basis. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal service
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  • 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, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''). We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of Congressionally mandated programs, including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute to these
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  • 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 the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') on a timely basis in 2004 and 2005. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal service program. The failure of
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  • (released Dec. 14, 2004). See AT&T Petition at 14 n.19 (``Intrastate access charges generally are higher than interstate access charges, and therefore classifying these calls as intrastate or interstate on the basis of the content of the communication is `presumptively inconsistent' with the First Amendment.''); see also AT&T May 11 Ex Parte Letter at 6. See, e.g., 47 C.F.R. � 54.706. See AT&T November 10-Q Report at 16. AT&T must limit the revisions on its Forms 499-A to information concerning prepaid calling card revenue (currently line 411 on Form 499-A). See Letter from Amy Alvarez, AT&T, to Marlene H. Dortch, Secretary, Federal Communications Commission (Nov. 2, 2004). Id. See Time Machine, 11 FCC Rcd at 1192-93, para. 40. In 1999, when
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  • its statutory and regulatory obligations related to the Universal Service Fund (``USF'' or ``Fund''). Specifically, we find that LPSI has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets (``Worksheets''). Furthermore, we find that LPSI has apparently violated section 254(d) of the Communication's Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Federal Communications Commission's (the ``Commission'') rules by willfully and repeatedly failing to contribute fully and timely to the USF. Based upon the facts and circumstances surrounding this matter, we find that LPSI is apparently liable for a total monetary forfeiture in the amount of $529,000. Background The Act codified Congress's historical commitment to promote universal service to ensure
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  • adopt the attached Consent 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
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  • repeated here at length. TMI is a Maine-based telecommunications provider that offers long distance plans, toll free numbers, and phone cards. In 2002, it began providing these services by reselling intrastate, interstate, and international long-distance services purchased from Global Crossing Bandwidth, Inc. (``Global Crossing''). As such, TMI is subject to the obligations of section 254(d) of the Act and sections 54.706, 1.1154, and 1.1157(a)(1) of our rules. Section 254(d) of the Act requires, among other things, that ``[e]very telecommunications carrier [providing] interstate telecommunications services . . . contribute, on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service.'' Section 54.706 of the Commission's rules requires all telecommunications carriers
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  • in the Notice of Apparent Liability and Order (``OCMC NAL'') previously issued by the Commission, and need not be reiterated here at length. OCMC is an operator service provider (``OSP''), interexchange carrier and toll reseller. As an OSP and reseller of interstate and international long-distance services, OCMC is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. Section 254(d) of the Act requires that ``[e]very telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and non-discriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service.'' Section 54.706 of the Commission's rules requires all telecommunications carriers that provide interstate telecommunications services, and certain
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  • Order (``Globcom NAL'') previously issued by the Commission, and need not be reiterated here at length. Globcom, which does business as Globcom Global Communications, is an interexchange carrier headquartered in Northbrook, Illinois that provides resale telecommunications services. As a reseller of interstate and international long-distance services, Globcom is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. The Commission's rules in effect during the time period in question required all telecommunications carriers that provided interstate telecommunications services, and certain other providers of interstate telecommunications, to contribute to the universal service fund based on their gross billed interstate and international end-user telecommunications revenues. Section 64.604(c)(5)(iii)(A) of our rules also requires Globcom to contribute to the
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  • A statement that it has complied with the reporting requirements described in paragraph (a) of this section. B. Part 54 of Title 47 of the Code of Federal Regulations is amended as follows: 1. The authority citation for Part 54 continues to read as follows: Authority: 47 U.S.C. 1, 4(i), 201, 205, 214, and 254 unless otherwise noted. 2. Section 54.706 is amended by adding new paragraph (a)(19) and by adding a new sentence in subsection (d) to be placed after the section's first sentence to read as follows: 54.706 Contributions. ***** (a) (19) Prepaid calling card providers. ***** (d) Prepaid calling card providers are not required to contribute on the basis of revenues derived from prepaid calling cards sold by,
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  • entered into between the Federal Communications Commission (the ``Commission'') and Verizon Business Global LLC f/k/a MCI, LLC (``Verizon''). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against MCI, Inc. (``MCI'') 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, and 64.604 of the Commission's rules relating to universal service, the Telecommunications Relay Service (``TRS'') Fund, the North American Numbering Plan Administration (``NANPA''), and regulatory fees. The Commission and Verizon 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
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  • C.F.R. � 54.903(a)(4). Because the effective date of this order falls during the last two quarters of the calendar year, the per-line ICLS in Anchorage is based on the actual common line cost and revenue data filed by ACS on December 31, 2006. Id. Therefore, we find it appropriate to set ICLS support at this rate. See 47 C.F.R. �� 54.706, 54.709. See Telecommunications Reporting Worksheet, FCC Form 499-A, Instructions at 25 (2007). ACS July 25, 2007 Ex Parte Letter at 4. See 47 C.F.R. � 54.709 (contributions to the universal service fund are based on end-user telecommunications revenues). See id. � 54.712. . Qwest Omaha Order, 20 FCC Rcd at 19435, para. 42. We note that although the Wireline Broadband
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  • other document that demonstrates compliance with the statutory or regulatory requirements for the rural health care mechanism shall be retained as well. Section 54.702 is amended by adding new subsection (o) as follows: * * * (o) The Administrator shall provide performance measurements pertaining to the universal service support mechanisms as requested by the Commission by order or otherwise. Section 54.706 is amended by adding new subsection (e) as follows: * * * (e) Any entity required to contribute to the federal universal service support mechanisms shall retain, for at least five years from the date of the contribution, all records that may be required to demonstrate to auditors that the contributions made were in compliance with the Commission's universal service
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  • terms of the Consent Decree and in willful and repeated violation of Section 63.71 of the Commission's rules. 12. The Consent Decree, at paragraph 14(f), required the Kintzel brothers to make all federal universal service contributions by the due date specified in each invoice sent by the USAC. The requirement to pay universal service contributions is also codified in Section 54.706 of the Commission's rules and is critical to maintaining the vitality of the universal service fund and guaranteeing the continued availability of funds. The information before the Commission indicates that one of the Kintzel brothers' companies, Buzz, apparently failed to make 22 required universal service contributions. The Kintzel brothers' apparent utter disregard for their universal service obligations is flatly inconsistent
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  • steps that may be taken. ORDERING CLAUSES Accordingly, IT IS ORDERED, pursuant to the Call Home Act of 2006, Pub. L. No. 109-459, 120 Stat. 3399, and section 10 of the Communications Act of 1934, as amended, 47 U.S.C. � 160, that the Commission shall forbear from applying section 254(d) of the Communications Act, 47 U.S.C. � 254(d), and sections 54.706, 54.711 and 54.713 of the Commission's rules, 47 C.F.R. �� 54.706, 54.711, 54.713, to revenues from certain services provided to United States military personnel, as set forth herein. IT IS FURTHER ORDERED, pursuant to the Call Home Act of 2006, Pub. L. No. 109-459, 120 Stat. 3399, and section 10 of the Communications Act of 1934, as amended, 47 U.S.C.
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  • Order, we adopt the 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
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  • 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 Service Fund (``USF''); and (4) section 64.604(c)(5)(iii)(A) of the rules by failing to contribute to the Telecommunications
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  • 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 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund (``USF'') in 2004 and early 2005. BACKGROUND A. Obligations to Register, File Periodic Revenue Information, and Contribute to the USF The facts and circumstances surrounding this case are set forth in the NAL, and need not be reiterated here at length. Global Teldata began operations on April
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  • then issue a forfeiture if it finds by a preponderance of the evidence that the person has willfully or repeatedly violated the Act or a Commission order or rule. We find by a preponderance of the evidence, as discussed in detail in the Carrera NAL and herein, that Carrera has violated section 254(d) of the Act and sections 54.711(a), 64.604(c)(5)(iii), 54.706(a), 1.1154, and 1.1157(b)(1) of the Commission's rules. Specifically, we find based on a preponderance of the evidence that Carrera: (1) willfully and repeatedly failed to file Worksheets and predecessor forms; (2) willfully and repeatedly failed to make requisite contributions toward the Universal Service and TRS Funds; (3) willfully and repeatedly failed to pay regulatory fees to the Commission; and (4)
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  • remanded in part sub nom, Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied, 530 U.S. 1210 (2000), cert. dismissed, 531 U.S. 975 (2000) (``1997 Universal Service Order''). 1997 Universal Service Order, 12 FCC Rcd at 9173, para. 779. Id. at 9174, 9200, 9203-05, paras. 779, 831, 837-41; see also 47 C.F.R. � 54.706(c) (1999). Texas Office of Public Utility Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (``TOPUC''). Id. at 434-35; 47 U.S.C. � 254(d). TOPUC, 183 F.3d at 435. Id. at 447-48; 47 U.S.C. �� 152(b), 254(d). TOPUC, 183 F.3d at 448. Fifth Circuit Remand Order, 15 FCC Rcd at 1685, para. 15. Id.; 47 C.F.R. � 54.706(c) (1999). The Commission
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  • al., Second Order on Reconsideration and Memorandum Opinion and Order, 12 FCC Rcd 16606, 16610, para. 16 (1997) (Access Charge Reform Second Reconsideration Order). See Access Charge Reform Order, 12 FCC Rcd at 16019, para. 92; 47 C.F.R. � 69.153(b) (1997). See Access Charge Reform Order, 12 FCC Rcd at 16019, para. 92. See U.S.C. � 254(d); 47 C.F.R. � 54.706. 47 U.S.C. � 254(b)(5). 47 U.S.C. � 254(d). Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9210, para. 853 (1997) (Universal Service Order), aff'd in part, rev'd in part and remanded in part sub nom. Texas Office of Pub. Util. Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999), cert. denied,
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  • Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find Telrite Corporation (``Telrite'') apparently violated sections 52.17(b), 52.32(b), 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by willfully or repeatedly filing inaccurate Telecommunications Reporting Worksheets (``Worksheets'') that grossly under-reported its interstate revenue. Telrite also apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706 and 54.711 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund (``USF''); section 225(b)(1) of the Act and section 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully to the Telecommunications Relay Services Fund (``TRS Fund''); section 251(e)(2) of the Act and section 52.17(a) of the Commission's rules
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  • No. 96-45, and Report and Order in CC Docket Nos. 98-77 and 98-166, 16 FCC Rcd 19613 (2001) (MAG Plan Order), recon. pending. Universal Service Monitoring Report, Table 3.2; USAC 2007 Annual Report at 45. Support for the fund derives from assessments paid by providers of interstate telecommunications services and certain other providers of interstate telecommunications. See 47 C.F.R. � 54.706. Fund contributors are permitted to, and almost always do, pass those contribution assessments though to their end-user customers. See 47 C.F.R. � 54.712. Fund assessments paid by contributors are determined by applying the quarterly contribution factor to the contributors' contribution base revenues. In the second quarter of 2007, the contribution factor reached 11.7 percent, which is the highest level since
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  • follows a Notice of Apparent Liability for Forfeiture issued on August 29, 2006. Herein we find that LPSI willfully or repeatedly violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets. We also find that LPSI willfully or repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by failing to timely contribute to the Universal Service Fund (``USF'' or the ``Fund''). LPSI's failure to pay Congressionally-mandated USF contributions strikes at the core of the Commission's mission to promote access to affordable, quality telecommunications services for all Americans. In section 254 of the Act, Congress codified the historical commitment to universal service for consumers
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  • Dale, Managing Director, FCC to D. Scott Barash, Acting Chief Executive Officer, USAC, Oct. 31, 2007. See Letter from D. Scott Barash, Acting Chief Executive Officer, USAC to Anthony Dale, Managing Director, FCC, Feb. 28, 2008 (``USAC Feb. 28 Letter''). The USAC Feb. 28 Letter is attached to this Notice in the Appendix. 47 U.S.F. � 254(b); 47 C.F.R. � 54.706(a). See 47 U.S.C. � 254(h)(1)(A); 47 C.F.R. Part 54, Subpart G; Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9093-9161, �� 608-749 (1997). 47 C.F.R. � 54.621. Comments in response to the Comprehensive Review NPRM were filed on October 18, 2005. Reply comments were filed on December 19, 2005. See Comprehensive
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  • regulation receive interstate access support based on their revenue requirements. 47 C.F.R. Part 54, sbpts. J, K. 47 C.F.R. � 54.307(a). See Universal Service First Report and Order, 12 FCC Rcd at 8828-30, paras. 94-96. Support for the fund derives from assessments paid by providers of interstate telecommunications services and certain other providers of interstate telecommunications. See 47 C.F.R. � 54.706. Fund contributors are permitted to, and almost always do, pass those assessments though to their end-user customers. See 47 C.F.R. � 54.712. Fund assessments paid by contributors are determined by applying the quarterly contribution factor to the contributors' contribution base revenues. In the second quarter of 2007, the contribution factor reached 11.7 percent, which is the highest level since its
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') by the Commission against BCE for possible violations of sections 9, 214, and 254 of the Communications Act of 1934, as amended (``the Act''), 47 U.S.C. �� 159, 214, 254, sections 34-39 of the Cable Landing Act, 47 U.S.C. �� 34-39, Executive Order No. 10530, and sections 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11 of the Commission's rules, 47 C.F.R. �� 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11, regarding violation of the universal service reporting and contribution requirements, as well as international reporting and fee payment requirements. The Commission and BCE have negotiated the terms of the Consent Decree that resolve this matter. A copy of the
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  • In addition, a competitive ETC that provides supported services utilizing unbundled network elements (UNEs) receives the lesser of the UNE price or the per-line support amount available to the incumbent LEC. 47 C.F.R. � 54.307(a)(2). Support for the fund derives from assessments paid by providers of interstate telecommunications services and certain other providers of interstate telecommunications. See 47 C.F.R. � 54.706. Fund contributors are permitted to, and almost always do, pass those contribution assessments though to their end-user customers. See 47 C.F.R. � 54.712. Fund assessments paid by contributors are determined by applying the quarterly contribution factor to the contributors' contribution base revenues. In the second quarter of 2007, the contribution factor reached 11.7 percent, which is the highest level since
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  • 0003-7330-78 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that various subsidiaries of Global Crossing North America, Inc. (``Global Crossing'') apparently violated sections 254(d) and 225 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. Based on our review of the facts and circumstances surrounding these apparent violations, and for the reasons discussed below, we find that the Global Crossing Companies are apparently liable for forfeitures totaling
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  • 0009690256 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Compass Global, Inc. (``Compass'') apparently violated sections 9, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the ``Act''), and sections 1.1154, 1.1157, 52.17(a), 52.32(a), 54.706(a), and 64.604(c)(5)(iii)(A) of the Commission's rules, by willfully or repeatedly failing to make the required regulatory payments as well as to contribute fully and timely to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for the North American Numbering Plan (``NANP'') administration and Local Number Portability (``LNP''). Based on our review of the facts
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  • this case, and thus the precise amount of any damages due will be calculated in a separate proceeding. We note, moreover, that if Farmers had been providing interstate end-user telecommunications services to Qwest or the conference calling companies, then Farmers should have timely reported revenues from those end-user services and paid universal service contributions based on them. 47 C.F.R. � 54.706. [Redacted confidential information regarding Farmers' Form 499 filings.] As Qwest points out, in a factually similar case involving calls to a chat line, the Commission held that a sham arrangement ``designed solely to extract inflated access charges from IXC's'' constituted an unreasonable practice in connection with access service that violated section 201(b) of the Act. Total Telecomms. Servs., Inc., and
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  • 200932080022 FRN No. 0015301732 NOTICE 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
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  • $10,000 is not required to contribute to the USF. See supra n. 23. Any entity required to contribute to the USF whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues may contribute based only on the entity's projected collected interstate end-user telecommunications revenues. 47 C.F.R. � 54.706(c). Because Omniat characterizes itself primarily as an ``international long distance provider'' providing the ability to ``[c]all from anywhere in the world, to anywhere in the world,'' we do not, at this time, have the revenue information needed to determine whether Omniat has had sufficient interstate and international revenue to be liable for USF contributions since 2003. See Omniat home page,
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  • this Order, we adopt the attached Consent Decree between the Federal Communications Commission (``Commission'') and Global Crossing (as defined below). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (``NAL'') by the Commission against Global Crossing for apparent violations of sections 254(d) and 225 of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund. The Commission and Global Crossing 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
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  • File No. L-OO-72, Report and Order and Notice of Proposed Rulemaking, 21 FCC Rcd 7518, 7536, para. 34 (2006) (Interim Contribution Methodology Order), aff'd in part and rev'd in part, Vonage Holdings Corp. v. FCC, 489 F.3d 1232 (D.C. Cir. 2007). Interim Contribution Methodology Order, 21 FCC Rcd at 7540-41, para. 43. Id. at 7541, para. 44. 47 C.F.R. � 54.706; Tex. Office of Pub. Util. Counsel v. FCC, 183 F.3d 393, 447 (5th Cir. 1999) (TOPUC). Interim Contribution Methodology Order, 21 FCC Rcd at 7544-45, para. 53. Id. at 7547, para. 57; see also id. at 7535 n.115, 7547 n.190. The Commission initially required interconnected VoIP providers to obtain the agency's approval of their traffic studies before using them to
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  • See, e.g., 47 U.S.C. � 503; 47 C.F.R. � 1.80; see also Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, CI Docket No. 95-6, Report and Order, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). See 47 U.S.C. � 309(j). See 47 U.S.C. � 254(d); 47 C.F.R. � 54.706. See, e.g., 31 U.S.C. � 3512(b) (mandating the establishment and maintenance of systems of accounting and internal controls); 4 C.F.R. � 102.1(a) (requiring agencies to ``take aggressive action, on a timely basis, to collect all claims of the United States''); 4 C.F.R. � 102.17 (requiring agencies to establish procedures to identify the causes of overpayments, delinquencies, and defaults, and the
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  • ) File No. EB-09-IH-1176 NAL/Acct. No. 201032080022 FRN No. 0004325320 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2010 Released: March 30, 2010 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Globalcom, Inc. (``Globalcom''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 54.706(a) and 54.711(a) of the Commission's rules, by willfully or repeatedly failing to make required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund (``USF''). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that Globalcom is apparently liable for a total forfeiture
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  • Federal-State Joint Board on Universal Service, Order on Remand, 18 FCC Rcd 14976, para. 14 (2003) (targeting IAS to $650 million per year). Interim Cap Order, 23 FCC Rcd at 8837, para. 5. Support for the universal service fund derives from assessments paid by providers of interstate telecommunications services and certain other providers of interstate telecommunications. See 47 C.F.R. � 54.706. Fund contributors are permitted to, and almost always do, pass those contribution assessments through to their end-user customers. See 47 C.F.R. � 54.712. Fund assessments paid by contributors are determined by applying the quarterly contribution factor to the contributors' contribution base revenues. See Proposed Second Quarter 2001 Universal Service Contribution Factor, CC Docket No. 96-45, Public Notice, 16 FCC Rcd
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  • at 33-36. Qwest II Remand NPRM, 20 FCC Rcd at 19746, para. 34. PRTC Comments at 41. See PRTC Petition for Reconsideration at 22; PRTC White Paper at 27, 29; MMTC Reply Comments at 5. Support for the USF derives from assessments paid by providers of interstate telecommunications services and certain other providers of interstate telecommunications. See 47 C.F.R. � 54.706. Fund contributors are permitted to, and almost always do, pass those contribution assessments through to their end-user customers. See 47 C.F.R. � 54.712. Fund assessments paid by contributors are determined by applying the quarterly contribution factor to the contributors' contribution base revenues. Alenco, 201 F.3d at 620; see also Qwest II, 398 F.3d at 1234 (10th Cir. 2005). Indeed, this
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  • File No. EB-09-IH-1219 NAL/Acct. No. 201032080024 FRN No. 0004266938 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 4, 2010 Released: May 6, 2010 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that NTS Communications, Inc. (``NTS''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules, by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF''). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that NTS is apparently liable for a total forfeiture of $284,250. We find this significant forfeiture is warranted based on
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  • statute that have different purposes); U S West Communications, Inc. v. FCC, 177 F.3d 1058, 1059-60 (D.C. Cir. 1999) (noting that the term ``provide'' used in different places in the Communications Act can be subject to different meanings depending on context). See 47 C.F.R. �� 1.47, 6.1, 6.3(e), 12.3, 43.11, 52.12, 52.13, 52.17, 52.21(h), 52.32, 52.33, 52.34, 52.35(e)(1), 52.36(d), 54.5, 54.706, 54.708, 63.60, 64.2003, 64.2005. 47 C.F.R. �� 1.1200 et seq. Pub. L. No. 107-198. 44 U.S.C. � 3506(c)(4). Location Accuracy FNPRM and NOI at Appendix. See 5 U.S.C. � 603. The RFA, see 5 U.S.C. � 601 - 612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110
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  • Adopted: December 5, 2011 Released: December 5, 2011 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture and Order (``NAL''), we find that Kajeet, Inc. (``Kajeet'') and its wholly-owned subsidiary Kajeet/Airlink, LLC (``Kajeet/Airlink'') (collectively, the ``Companies'') apparently violated sections 225(b)(1), 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (the ``Act''), and sections 52.32(a), 54.706(a), and 64.604(c)(5)(iii)(A) of the Commission's rules, by apparently willfully and repeatedly failing to contribute fully and timely to the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and the Local Number Portability (``LNP'') cost recovery mechanism. In addition, we find that Kajeet/Airlink apparently violated section 214 of the Act and section 63.24 of the Commission's rules, by apparently
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-42A1.txt
  • 0015301732 FORFEITURE ORDER Adopted: March 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
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-10A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-10A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-10A1.txt
  • interconnected voice over Internet Protocol (VoIP) providers to contribute to the universal service fund because they are providers of interstate telecommunications). See Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Report and Order, 12 FCC Rcd 8776, 9179, para. 787 (1997) (Universal Service First Report and Order) (subsequent history omitted). Id. at 9171, para. 772; 47 C.F.R. � 54.706. Universal Service First Report and Order, 12 FCC Rcd at 9179, para. 787. The Commission's rules exempt certain providers from the contribution requirement. Universal Service First Report and Order, 12 FCC Rcd at 9207, para. 846. Id. See Changes to the Board of Directors of the National Exchange Carrier Association, Inc., Federal-State Joint Board on Universal Service, CC Docket Nos.
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  • an assessment of broadband Internet access services affect the distribution of contributions among various industry segments? Would assessing retail broadband Internet access service eliminate the current competitive disparity that exists today between providers that contribute on their broadband transmission (small rate of return companies) and their competitors, who do not? Listing of Services Subject to Universal Service Contribution Assessment Section 54.706 of our rules sets forth a non-exhaustive list of services that are currently included in the contribution base. Should we continue to specify in our codified regulations specific services that are subject to assessment? Should that list be updated to reflect marketplace changes over the last decade? Does it advance our potential goals for reform of providing predictability and simplifying
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-62A1.txt
  • EB-08-IH-1386 NAL/Acct. No. 201232080024 FRN 0009834466 FRN 0021816459 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 14, 2012 Released: June 14, 2012 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (NAL), we find that Telseven, LLC (Telseven or Company) apparently violated: (1) Section 254(d) of the Communications Act of 1934, as amended (Act), and Section 54.706 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund (USF); (2) Section 54.711(a) of the Commission's rules by willfully or repeatedly filing inaccurate FCC Forms 499-Q; (3) Section 251(e)(2) of the Act and Section 52.17 the Commission's rules by willfully or repeatedly failing to make full contributions to the administration of the
• http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.txt
  • minimis carriers. We also seek comment on whether and how carriers should true-up contribution amounts to reflect changes in their de minimis status during the relevant reporting period. Limited International Revenues Exception We also seek comment on whether to modify the limited exception to our contribution requirements for carriers with a low percentage of interstate end-user telecommunications revenues. Under section 54.706(c) of our rules, a provider of interstate and international telecommunications is not required to contribute based on its international telecommunications end-user revenues if its interstate end-user telecommunications revenues constitute less than eight percent of its combined interstate and international end-user telecommunications revenues. The rule is intended to exclude from the contribution base the international end-user telecommunications revenues of any telecommunications
• http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://transition.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • defined in the Administrator's by-laws. The budgets prepared by each Committee shall be subject to Board review as part of the Administrator's combined budget. The Board shall not modify the budgets prepared by the Committees of the Board unless such modification is approved by a two-thirds vote of a quorum of the Board, as defined in the Administrator's by-laws. Secs. 54.706 - 54.714 remain unchanged. Sec. 54.715 Administrative expenses of the Administrator. (a) The annual administrative expenses of the Administrator should be commensurate with the administrative expenses of programs of similar size, with the exception of the salary levels for officers and employees of the Administrator described in paragraph (b) of this section. The annual administrative expenses may include, but are
• http://transition.fcc.gov/Forms/Form499-A/499a-2012.pdf
  • 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 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
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  • In the Matter of ) File No. EB 00-IH-0241 ) TRS Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 FORFEITURE ORDER Adopted: April 19, 2001 Released: April 20, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order, we find that Advanced Telecom. Network, Inc. (``Advanced'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that Advanced is liable for a forfeiture in the amount of forty-six thousand seven hundred dollars ($46,700), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 2, 2001, the Commission, by the Chief, Enforcement Bureau, acting pursuant
• http://transition.fcc.gov/eb/Orders/2001/da01540.doc http://transition.fcc.gov/eb/Orders/2001/da01540.html
  • ) File No. EB 00-IH-0054 ) TRS Company Code: 815576 North American Telephone Network, LLC ) NAL/Acct. No. x32080026 FORFEITURE ORDER Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we find that North American Telephone Network, LLC (``NATN'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering NATN's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that NATN is liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000), the amount
• http://transition.fcc.gov/eb/Orders/2001/da01542.doc http://transition.fcc.gov/eb/Orders/2001/da01542.html
  • Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Advanced Telecom. Network, Inc. (``Advanced'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Advanced is apparently liable for a forfeiture in the amount of $46,700. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
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  • EB -00-IH-0057 ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 FORFEITURE ORDER Adopted: February 8, 2001 Released: February 20, 2001 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Matrix Telecom, Inc. (``Matrix'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Matrix's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Matrix is liable for a forfeiture in the
• http://transition.fcc.gov/eb/Orders/2001/fcc01106.doc http://transition.fcc.gov/eb/Orders/2001/fcc01106.html
  • No. EB-01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2001 Released: March 29, 2001 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that PTT Telekom, Inc. (``PTT'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that PTT is apparently liable for a forfeiture in the amount of $137,000. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
• http://transition.fcc.gov/eb/Orders/2001/fcc01187.doc http://transition.fcc.gov/eb/Orders/2001/fcc01187.html
  • Commission Washington, D.C. 20554 In the Matter of ) File No. EB 01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 FORFEITURE ORDER Adopted: June 13, 2001 Released: June 15, 2001 By the Commission: 1. In this Forfeiture Order, we find that PTT Telekom, Inc. (``PTT'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that PTT is liable for a forfeiture in the amount of one hundred thirty-seven thousand dollars ($137,000), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 29, 2001, the Commission issued the NAL to PTT. We issued
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  • No. 0009652801 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: September 26, 2003 Released: September 30, 2003 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL'') and Order, we find that Globcom, Inc. (``Globcom''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), 1 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules2 by willfully and repeatedly failing to contribute to the Universal Service Fund and the Telecommunications Relay Service (``TRS'') Fund. We also find that Globcom apparently violated section 54.711(a) of the Commission's rules by willfully and repeatedly failing to file complete and accurate interstate and international revenue information.3 Based on our review of the facts
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2828A1.html
  • Cellular, Inc. d/b/a 0870-20 Innovative Wireless ORDER Adopted: September 22, 2004 Released: September 23, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively, ``ICC Entities'') of sections 52.17, 54.706, and 64.604 of the Commission's rules (``Rules''), 47 C.F.R. 52.17, 54.706 and 64.604, in connection with the Universal Service Fund (``USF''), Telecommunications Relay Services (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund contribution requirements.1 2. The Bureau and Innovative Communications Corporation (``ICC''), the holding company of the ICC Entities, have negotiated the terms of a Consent Decree
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2828A2.html
  • (the ``Bureau'') of the Federal Communications Commission (``FCC'' or ``Commission'') and Innovative Communications Corporation (``ICC''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively ``ICC Entities'') violated Sections 52.17, 54.706(a), and 64.604 of the Commission's rules, 47 C.F.R. 52.17, 54.706(a), and 64.604, requiring carriers providing interstate telecommunications services to contribute to the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund. 2. For purposes of this Consent Decree, the following definitions shall apply: (a) The ``Act'' means the Communications Act
• http://transition.fcc.gov/eb/Orders/2004/DA-04-2852A1.html
  • New Edge Network, Inc. ) Acct. No. 200432080185 ) ) FRN No. 0003-7204-71 ORDER Adopted: September 10, 2004 Released: September 13, 2004 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by New Edge Network, Inc. (``New Edge'') of section 254 of the Communications Act of 1934, as amended,1 and sections 54.706, 54.711, 54.713,2 and related provisions of the Commission's rules in connection with the universal service support mechanism reporting and contribution requirements.3 2. The Bureau and New Edge have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the terms
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3014A1.html
  • 5 1 - 4 4 Corporation ORDER Adopted: September 23, 2004 Released: September 24, 2004 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by Manhattan Telecommunications Corporation, a wholly owned subsidiary of Metropolitan Telecommunications Holding Company (``Company''), of section 254 of the Communications Act of 1934, as amended,1 and sections 54.706 and 64.6042 and related provisions of the Commission's rules concerning reporting and contribution requirements for the universal service and telecommunications relay service funds.3 2. The Bureau and Company have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3353A1.html
  • ) File No. EB-04-IH-0142 ) ) Acct. No. 200532080008 TON Services, Inc. ) ) FRN No. 0005-0237-26 ORDER Adopted: October 27, 2004 Released: October 28, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by TON Services, Inc. (``TON'') of section 254 of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, 47 U.S.C. 254, 47 C.F.R. 52.17, 54.706, 54.711, 54.713 and 64.604, relating to obligations of carriers to make payments into the Universal Service Fund and Telecommunications Relay Service Fund.1 2. The Enforcement Bureau (``Bureau'') and TON have negotiated the terms of the Consent Decree. A copy of the Consent Decree is attached
• http://transition.fcc.gov/eb/Orders/2004/DA-04-3983A1.html
  • number associated with the destination they wish to reach.1 3. In October 2004, the Universal Service Administrative Company referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the Universal Service Fund (``USF''). Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, which requires entities that provide interstate telecommunications to the public to contribute to USF.2 The Bureau sent the LOI to BigZoo by certified mail/return receipt requested, by email, and by facsimile.3 The LOI directed BigZoo to provide certain specified documents and information within twenty calendar days of the date of the letter, i.e., by November 4,
• http://transition.fcc.gov/eb/Orders/2004/DA-04-657A1.html
  • Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-03-IH-0366 ) Acct. No. 200432080021 WestCom Corporation ) FRN No. 0009-6760-99 ) ORDER Adopted: March 12, 2004 Released: March 16, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by WestCom Corporation (``WestCom'') of sections 54.706, 54.711, 54.713, and related provisions of the Commission's rules (``Rules''), 47 C.F.R. 54.706, 54.711 and 54.713, in connection with the universal service support mechanism reporting and contribution requirements.1 2. The Enforcement Bureau (``Bureau'') and WestCom have negotiated the terms of the Consent Decree. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed
• http://transition.fcc.gov/eb/Orders/2004/DA-04-91A1.html
  • complaints that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's
• http://transition.fcc.gov/eb/Orders/2004/DOC-244194A1.html
  • discontinuance of service. The Bureau was made a party to the Proceeding. 4. On August 20, 2003, the presiding officer issued a Memorandum Opinion and Order8 expanding the hearing to determine whether: 1) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to federal universal service support programs in violation of section 254(d) of the Act9 and section 54.706 of the Commission's rules;10 2) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to the Telecommunications Relay Services (``TRS'') Fund, in violation of section 64.604(c)(5)(iii)(A) of the Commission's rules;11 and 3) BOI, BUZZ, U.S. Bell/LINK had failed to file Telecommunications Reporting Worksheets in violation of sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules.12 The presiding officer
• http://transition.fcc.gov/eb/Orders/2005/DA-05-1907A1.html
  • concerning its failure to contribute to the universal service fund (``USF'') and its failure to file Telecommunications Reporting Worksheets. According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. 4. Following USAC's referral, the Bureau sent QuickLink a Letter of Inquiry (``LOI'') to obtain information concerning whether the company violated section 54.706 of the Commission's rules,3 involving the requirement to contribute to USF.4 The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email.5 The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2392A1.html
  • failure to contribute to the Universal Service Fund (``USF'') and its failure to file Telecommunications Reporting Worksheets as required by Commission rules.5 According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. 3. Following USAC's referral, the Bureau sent QuickLink the LOI to obtain information concerning whether the company violated section 54.706 of the Commission's rules,6 involving the requirement to contribute to USF.7 The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email.8 The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2485A1.html
  • The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Locus for possible violations of the universal service reporting and contribution requirements of section 254 of the Communications Act of 1934, as amended (``the Act'')1 and certain Commission rules relating to universal service, the Telecommunications Relay Service Fund and the North American Numbering Plan Administration, sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules.2 2. The Enforcement Bureau and Locus 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 new evidence relating to this matter, we
• http://transition.fcc.gov/eb/Orders/2005/DA-05-2989A1.html
  • 1. In this Order, 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
• http://transition.fcc.gov/eb/Orders/2005/DA-05-449A1.html
  • and circumstances surrounding this case are set forth in the Notice of Apparent Liability for Forfeiture issued by the Bureau in December 2004, and need not be reiterated at length here.2 BigZoo sells prepaid long distance phone service, and is therefore a telecommunications carrier providing interstate service that is required to contribute to the Universal Service Fund (``USF'') under section 54.706 of the Commission's rules.3 In October 2004, the Universal Service Administrative Company (``USAC'') referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the USF. Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, and directed BigZoo
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • 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 of 1934, as amended (the ``Act''),3 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund.4 II. BACKGROUND 3. The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that providers of such telecommunications comply with the requirements imposed on them by the Act and our rules.5
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • 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 sections 254(d) and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''),3 and sections 54.706(a), 64.604(c)(5)(iii)(A) and 52.17(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for North American Numbering Plan Administration (``NANPA'').4 Finally, we find that Teletronics has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by willfully and repeatedly failing to pay regulatory
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • liable for a total forfeiture of $606,500. 2. We specifically find that Carrera Communications, LP (``Carrera'') has apparently violated sections 54.711(a) and 64.604 of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') or predecessor forms from 1999 through the current date.2 Further, we find that Carrera has apparently violated section 254(d) of the Act and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund.3 We also find that Carrera has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by failing to pay regulatory fees to the Commission.4 Finally, we find that Carrera apparently violated Commission orders by
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
  • that time, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that TMI is apparently liable for a total forfeiture of $280,000. 2. Specifically, we find that TMI has apparently violated sections 254(d) of the Communications Act of 1934, as amended (the ``Act''),1 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').2 We further find that TMI has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules3 by failing to pay regulatory fees to the Commission. II. BACKGROUND 3. The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
  • (``OCMC''), a telecommunications carrier that has been operating 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 the Universal Service Fund (``USF''). Specifically, we find that OCMC has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''),1 and section 54.706(a) of the Federal Communications Commission's rules2 by willfully and repeatedly failing to contribute fully and timely to the USF. Based on our review of the facts and circumstances of this case, and for the reasons discussed below, we find that OCMC is apparently liable for a total monetary forfeiture in the amount of $1,133,761. II. BACKGROUND 2. The Telecommunications Act
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • is apparently liable for a total forfeiture of $282,000. 2. We specifically find that BCE Nexxia Corporation (``BCE Nexxia'') has apparently violated sections 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'').1 We also find that BCE Nexxia has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').2 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally-mandated programs including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • 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 Communications Act of 1934, as amended (the ``Act''),3 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund on a timely basis.4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • 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, as amended (the ``Act''),3 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of Congressionally mandated programs, including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute to
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
  • 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 the Communications Act of 1934, as amended (the ``Act''),3 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') on a timely basis in 2004 and 2005.4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal service program. The failure
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1063A1.html
  • this Order, we adopt 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
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1063A2.html
  • terms of this Consent 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
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1176A1.html
  • investigation. II. BACKGROUND 3. 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)
• http://transition.fcc.gov/eb/Orders/2006/DA-06-1512A1.html
  • the attached Consent Decree 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
• http://transition.fcc.gov/eb/Orders/2006/DA-06-2451A1.html
  • Order, we adopt the 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
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
  • its statutory and regulatory obligations related to the Universal Service Fund ("USF" or "Fund"). Specifically, we find that LPSI has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets ("Worksheets"). Furthermore, we find that LPSI has apparently violated section 254(d) of the Communication's Act of 1934, as amended (the "Act"), and section 54.706(a) of the Federal Communications Commission's (the "Commission") rules by willfully and repeatedly failing to contribute fully and timely to the USF. Based upon the facts and circumstances surrounding this matter, we find that LPSI is apparently liable for a total monetary forfeiture in the amount of $529,000. II. Background 2. The Act codified Congress's historical commitment to promote universal service
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-135A1.html
  • adopt the attached Consent 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
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
  • repeated here at length. TMI is a Maine-based telecommunications provider that offers long distance plans, toll free numbers, and phone cards. In 2002, it began providing these services by reselling intrastate, interstate, and international long-distance services purchased from Global Crossing Bandwidth, Inc. ("Global Crossing"). As such, TMI is subject to the obligations of section 254(d) of the Act and sections 54.706, 1.1154, and 1.1157(a)(1) of our rules. Section 254(d) of the Act requires, among other things, that "[e]very telecommunications carrier [providing] interstate telecommunications services . . . contribute, on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service." Section 54.706 of the Commission's rules requires all telecommunications carriers
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
  • in the Notice of Apparent Liability and Order ("OCMC NAL") previously issued by the Commission, and need not be reiterated here at length. OCMC is an operator service provider ("OSP"), interexchange carrier and toll reseller. As an OSP and reseller of interstate and international long-distance services, OCMC is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. Section 254(d) of the Act requires that "[e]very telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and non-discriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service." Section 54.706 of the Commission's rules requires all telecommunications carriers that provide interstate telecommunications services, and certain
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
  • Order ("Globcom NAL") previously issued by the Commission, and need not be reiterated here at length. Globcom, which does business as Globcom Global Communications, is an interexchange carrier headquartered in Northbrook, Illinois that provides resale telecommunications services. As a reseller of interstate and international long-distance services, Globcom is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. The Commission's rules in effect during the time period in question required all telecommunications carriers that provided interstate telecommunications services, and certain other providers of interstate telecommunications, to contribute to the universal service fund based on their gross billed interstate and international end-user telecommunications revenues. Section 64.604(c)(5)(iii)(A) of our rules also requires Globcom to contribute to the
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2150A1.html
  • in connection with replacing local private line services provisioned under tariff by AT&T prior to the advent of effective special access tariffs). See Universal Service Order, 12 FCC Rcd at 9175, P 780; 9355-56 at Appendix I (stating that private line services qualify as "telecommunications" and adopting rules providing for universal service contributions by interstate telecommunications carriers); 47 C.F.R. S 54.706(a) (stating that entities that provide "interstate telecommunications" -- including "private line service" -- to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered "telecommunications carriers" providing interstate telecommunications services and must contribute to the universal service support mechanisms.). In its August 19, 2005 Letter explaining its reasons
• http://transition.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
  • Inc., 921 Eastwind Drive, Suite 104, Westerville, Ohio 43081. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief Enforcement Bureau 47 C.F.R. S: 54.711(a). 47 U.S.C. S:S: 154(i), 154(j), 218, 403. The Telecommunications Act of 1996 amended the Communications Act of 1934, see Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. S: 254(d). 47 C.F.R. S: 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. See 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."); Universal Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4012A1.html
  • of the Federal Communications 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.
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4016A1.html
  • Form 499-A (2007) (annual "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,
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4019A1.html
  • confirmation of the facsimile 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
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-122A1.html
  • entered into between the Federal Communications Commission (the "Commission") and Verizon Business Global LLC f/k/a MCI, LLC ("Verizon"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against MCI, Inc. ("MCI") 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, and 64.604 of the Commission's rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan Administration ("NANPA"), and regulatory fees. 2. The Commission and Verizon 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
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-165A1.html
  • terms of the Consent Decree and in willful and repeated violation of Section 63.71 of the Commission's rules. 12. The Consent Decree, at paragraph 14(f), required the Kintzel brothers to make all federal universal service contributions by the due date specified in each invoice sent by the USAC. The requirement to pay universal service contributions is also codified in Section 54.706 of the Commission's rules and is critical to maintaining the vitality of the universal service fund and guaranteeing the continued availability of funds. The information before the Commission indicates that one of the Kintzel brothers' companies, Buzz, apparently failed to make 22 required universal service contributions. The Kintzel brothers' apparent utter disregard for their universal service obligations is flatly inconsistent
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
  • Order, we adopt the 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
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-58A1.html
  • 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 Service Fund ("USF"); and (4) section 64.604(c)(5)(iii)(A) of the rules by failing to contribute to the Telecommunications
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
  • 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 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund ("USF") in 2004 and early 2005. II. BACKGROUND A. Obligations to Register, File Periodic Revenue Information, and Contribute to the USF 2. The facts and circumstances surrounding this case are set forth in the NAL, and need not be reiterated here at length. Global Teldata began operations
• http://transition.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
  • issue a forfeiture if it finds by a preponderance of the evidence that the person has willfully or repeatedly violated the Act or a Commission order or rule. 11. We find by a preponderance of the evidence, as discussed in detail in the Carrera NAL and herein, that Carrera has violated section 254(d) of the Act and sections 54.711(a), 64.604(c)(5)(iii), 54.706(a), 1.1154, and 1.1157(b)(1) of the Commission's rules. Specifically, we find based on a preponderance of the evidence that Carrera: (1) willfully and repeatedly failed to file Worksheets and predecessor forms; (2) willfully and repeatedly failed to make requisite contributions toward the Universal Service and TRS Funds; (3) willfully and repeatedly failed to pay regulatory fees to the Commission; and (4)
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1178A1.html
  • Enforcement Bureau: 1. In 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1322A1.html
  • 10, 2008 By 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1336A1.html
  • to sections 4(i), 4(j), 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
• http://transition.fcc.gov/eb/Orders/2008/DA-08-1920A1.html
  • P:13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to 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/DA-08-2551A1.html
  • Enforcement Bureau (the "Bureau") and Cincinnati Bell, Inc., Cincinnati Bell Telephone Company and Cincinnati Bell Extended Territories, Inc. ("Cincinnati Bell"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Cincinnati Bell for possible violations of sections 9(a)(1), 225(b)(1) and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1151, 1.1154, 1.1157(b)(1), 52.17, 52.32, 54.706, 54.711, 54.713, and 64.604 of the Commission's Rules, relating to universal service, and certain Rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan Administration ("NANPA"), Local Number Portability ("LNP") and regulatory fees. 2. The Bureau and Cincinnati Bell have negotiated the terms of the Consent Decree that resolve this matter. A copy of
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-116A1.html
  • Notice of Apparent Liability for Forfeiture and Order ("NAL"), we find Telrite Corporation ("Telrite") apparently violated sections 52.17(b), 52.32(b), 54.711(a) and 64.604(c)(5)(iii)(B) of the Commission's rules by willfully or repeatedly filing inaccurate Telecommunications Reporting Worksheets ("Worksheets") that grossly under-reported its interstate revenue. Telrite also apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and sections 54.706 and 54.711 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund ("USF"); section 225(b)(1) of the Act and section 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully to the Telecommunications Relay Services Fund ("TRS Fund"); section 251(e)(2) of the Act and section 52.17(a) of the Commission's rules
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-130A1.html
  • follows a Notice of Apparent Liability for Forfeiture issued on August 29, 2006. Herein we find that LPSI willfully or repeatedly violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets. We also find that LPSI willfully or repeatedly violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules by failing to timely contribute to the Universal Service Fund ("USF" or the "Fund"). 2. LPSI's failure to pay Congressionally-mandated USF contributions strikes at the core of the Commission's mission to promote access to affordable, quality telecommunications services for all Americans. In section 254 of the Act, Congress codified the historical commitment to universal service for
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-270A1.html
  • and Notice of Apparent Liability for Forfeiture ("NAL") by the Commission against BCE for possible violations of sections 9, 214, and 254 of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C. S:S: 159, 214, 254, sections 34-39 of the Cable Landing Act, 47 U.S.C. S:S: 34-39, Executive Order No. 10530, and sections 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11 of the Commission's rules, 47 C.F.R. S:S: 1.767, 1.1154, 1.1156, 43.61, 43.82, 54.706, 54.711, 63.10, and 63.11, regarding violation of the universal service reporting and contribution requirements, as well as international reporting and fee payment requirements. 2. The Commission and BCE have negotiated the terms of the Consent Decree that resolve this matter. A copy of
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-96A1.html
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that various subsidiaries of Global Crossing North America, Inc. ("Global Crossing") apparently violated sections 254(d) and 225 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF") and Telecommunications Relay Service ("TRS") Fund. Based on our review of the facts and circumstances surrounding these apparent violations, and for the reasons discussed below, we find that the Global Crossing Companies are apparently liable for forfeitures totaling
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-97A1.html
  • NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 8, 2008 Released: April 9, 2008 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Compass Global, Inc. ("Compass") apparently violated sections 9, 225, 251(e)(2), and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1154, 1.1157, 52.17(a), 52.32(a), 54.706(a), and 64.604(c)(5)(iii)(A) of the Commission's rules, by willfully or repeatedly failing to make the required regulatory payments as well as to contribute fully and timely to the Universal Service Fund ("USF"), Telecommunications Relay Service ("TRS") Fund, and cost recovery mechanisms for the North American Numbering Plan ("NANP") administration and Local Number Portability ("LNP"). Based on our review of the facts
• http://transition.fcc.gov/eb/Orders/2009/DA-09-1073A1.html
  • the attached Consent Decree entered into between the Enforcement Bureau (the "Bureau") and Supra Telecommunications & Information Systems , Inc. f/k/a Supra Telecommunications & Information Systems Acquisitions Corp. ("Supra"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Supra for possible violations of section 254 of the Communications Act of 1934, as amended (the "Act"), and section 54.706 of the Commission's rules, relating to universal service. 2. The Bureau and Supra 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 find that the public interest would
• http://transition.fcc.gov/eb/Orders/2009/DA-09-16A1.html
  • Commission ("January 18, 2008 Opt-Out Failure Notice"). Id. Id. See Letter of Inquiry from Marcy Greene, Deputy Division Chief, Telecommunications Consumers Division, Enforcement Bureau, to Davida Grant, Senior Attorney, AT&T Inc. (January 31, 2008). See Letter from Davida Grant, Senior Attorney, AT&T Inc., to Colleen Heitkamp, Chief, Telecommunications Consumers Division, Enforcement Bureau (February 21, 2008). See generally 47 C.F.R. S:S: 54.706 - 54.713 (outlining requirements for contributions to the federal universal service support mechanisms). See also Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the
• http://transition.fcc.gov/eb/Orders/2009/DA-09-740A1.html
  • 2009 Released: March 31, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Inmate Telephone, Inc. ("Inmate"). The Consent Decree terminates an investigation by the Bureau against Inmate for possible violations of section 254 of the Communications Act of 1934, as amended (the "Act") and sections 54.706 and 54.711 of the Commission's rules relating to reporting and contribution requirements for the universal service fund ("USF"). 2. The Bureau and Inmate 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
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-103A1.html
  • this case, and thus the precise amount of any damages due will be calculated in a separate proceeding. We note, moreover, that if Farmers had been providing interstate end-user telecommunications services to Qwest or the conference calling companies, then Farmers should have timely reported revenues from those end-user services and paid universal service contributions based on them. 47 C.F.R. S: 54.706. [Redacted confidential information regarding Farmers' Form 499 filings.] As Qwest points out, in a factually similar case involving calls to a chat line, the Commission held that a sham arrangement "designed solely to extract inflated access charges from IXC's" constituted an unreasonable practice in connection with access service that violated section 201(b) of the Act. Total Telecomms. Servs., Inc., and
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
  • ) ) NOTICE OF APPARENT 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
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
  • $10,000 is not required to contribute to the USF. See supra n. 23. Any entity required to contribute to the USF whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues may contribute based only on the entity's projected collected interstate end-user telecommunications revenues. 47 C.F.R. S: 54.706(c). Because Omniat characterizes itself primarily as an "international long distance provider" providing the ability to "[c]all from anywhere in the world, to anywhere in the world," we do not, at this time, have the revenue information needed to determine whether Omniat has had sufficient interstate and international revenue to be liable for USF contributions since 2003. See Omniat home page,
• http://transition.fcc.gov/eb/Orders/2009/FCC-09-55A1.html
  • this Order, we adopt the attached Consent Decree between the Federal Communications Commission ("Commission") and Global Crossing (as defined below). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture ("NAL") by the Commission against Global Crossing for apparent violations of sections 254(d) and 225 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF") and Telecommunications Relay Service ("TRS") Fund. 2. The Commission and Global Crossing 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.
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1250A1.html
  • See Letter from Thomas Lynch, Counsel for Global Information Technologies, to Marlene H. Dortch, Secretary, FCC, dated Sept. 10, 2008. See Letter from Thomas Lynch, Counsel for Global Information Technologies, to Marlene H. Dortch, Secretary, FCC and Marcy Green, Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau, FCC, dated Mar. 10, 2009 ("GIT Omnibus NAL Response") See generally 47 C.F.R. S:S: 54.706 - 54.713 (outlining requirements for contributions to the federal universal service support mechanisms). See also Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the
• http://transition.fcc.gov/eb/Orders/2010/DA-10-1290A1.html
  • contribution and other related rules and 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
• http://transition.fcc.gov/eb/Orders/2010/DA-10-418A1.html
  • Adopted: March 18, 2010 Released: March 18, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Comtel Telcom Assets LP ("Comtel"). The Consent Decree terminates an investigation by the Bureau of Comtel's compliance with Section 254(d) of the Communications Act of 1934, as amended, and section 54.706 of the Commission's Rules, relating to payment of Universal Service Fund contributions. 2. The Bureau and Comtel have negotiated the terms of the Consent Decree that resolve this investigation. 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 find that
• http://transition.fcc.gov/eb/Orders/2010/DA-10-418A2.html
  • FRN No. 0013838701 ) ) CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission and Comtel Telcom Assets LP ("Comtel"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of resolving the Enforcement Bureau's investigation of compliance by Comtel with Section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute fully and timely to the Universal Service Fund (USF"). I. DEFINITIONS 2. For purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an order of the Bureau adopting
• http://transition.fcc.gov/eb/Orders/2010/DA-10-672A1.html
  • Best Phone's Petition for Reconsideration of Forfeiture Order (dated June 18, 2008) ("Petition for Reconsideration"). Local Phone Services, Inc., Order of Forfeiture Order, 23 FCC Rcd 8952 (2008) ("Forfeiture Order"). The Forfeiture Order imposed a monetary forfeiture for LPSI's willful and repeated violations of Section 254(d) of the Communications Act of 1934, as amended, 47 U.S.C. S: 254(d), and Sections 54.706(a) and 54.711(a) of the Commission's Rules, 47 C.F.R. S:S: 54.706(a), 54.711(a). The noted violations involved LPSI's failure to timely submit certain Telecommunications Reporting Worksheets and LPSI's failure to timely contribute to the Universal Service Fund. The granting of LPSI's request herein does not affect the validity of the Forfeiture Order. Cancellation of the Certificate of Convenience and Authority Previously Granted
• http://transition.fcc.gov/eb/Orders/2010/DA-10-692A1.html
  • we adopt the attached 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
• http://transition.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • Vice President of Operations/General Manager 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,
• http://transition.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • Jerkunica Chief Executive Officer 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
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • Liability for Forfeiture FRN No. 0004325320 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2010 Released: March 30, 2010 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Globalcom, Inc. ("Globalcom"), apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 54.711(a) of the Commission's rules, by willfully or repeatedly failing to make required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund ("USF"). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that Globalcom is apparently liable for a total forfeiture
• http://transition.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • for Forfeiture FRN No. 0004266938 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 4, 2010 Released: May 6, 2010 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that NTS Communications, Inc. ("NTS"), apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules, by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF"). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that NTS is apparently liable for a total forfeiture of $284,250. We find this significant forfeiture is warranted based on
• http://transition.fcc.gov/eb/Orders/2011/DA-11-666A1.html
  • ) )) ORDER Adopted: 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
• http://transition.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
  • FORFEITURE ORDER Adopted: March 9, 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
• http://transition.fcc.gov/eb/Orders/2012/DA-12-267A1.html
  • Bureau: 1. In this 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
• http://transition.fcc.gov/eb/Orders/2012/DA-12-612A1.html
  • the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Telrite Corporation (Telrite). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (NAL) by the Commission against Telrite for possible violations of Sections 9(a)(1), 225(b)(1), 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157(b)(1), 52.17(a), 52.17(b), 52.32(a), 52.32(b), 54.706, 54.711, 64.604(c)(5)(iii)(A), and 64.604(c)(5)(iii)(B) of the Commission's rules concerning the payment of annual regulatory fees; contributions to the Universal Service Fund and Telecommunications Relay Services Fund; contributions to cost-recovery mechanisms for North American Numbering Plan and Local Number Portability 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/2012/FCC-12-62A1.html
  • Liability for Forfeiture FRN 0021816459 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 14, 2012 Released: June 14, 2012 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (NAL), we find that Telseven, LLC (Telseven or Company) apparently violated: (1) Section 254(d) of the Communications Act of 1934, as amended (Act), and Section 54.706 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund (USF); (2) Section 54.711(a) of the Commission's rules by willfully or repeatedly filing inaccurate FCC Forms 499-Q; (3) Section 251(e)(2) of the Act and Section 52.17 the Commission's rules by willfully or repeatedly failing to make full contributions to the administration of the
• http://transition.fcc.gov/eb/Orders/da001746.doc http://transition.fcc.gov/eb/Orders/da001746.txt
  • NAL/Acct. No. x32080026 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 2, 2000 Released: August 4, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that North American Telephone Network, LLC (``NATN'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that NATN is apparently liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications
• http://transition.fcc.gov/eb/Orders/fcc00261.doc http://transition.fcc.gov/eb/Orders/fcc00261.txt
  • Intellicall Operator Services ) NAL/Acct. No. 32080023 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Intellicall Operator Services (``Intellicall'') has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Intellicall is apparently liable for a forfeiture in the amount of $198,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://transition.fcc.gov/eb/Orders/fcc00262.doc http://transition.fcc.gov/eb/Orders/fcc00262.txt
  • ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Matrix Telecom, Inc. has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Matrix is apparently liable for a forfeiture in the amount of $113,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://transition.fcc.gov/eb/Orders/fcc00276.doc http://transition.fcc.gov/eb/Orders/fcc00276.txt
  • America's Tele-Network Corp. ) NAL/Acct. No. x32080024 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 27, 2000 Released: August 1, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that America's Tele-Network Corp. (``ATNC'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that ATNC is apparently liable for a forfeiture in the amount of one hundred fifty-four thousand dollars ($154,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that:
• http://transition.fcc.gov/eb/Orders/fcc00390.doc http://transition.fcc.gov/eb/Orders/fcc00390.html http://transition.fcc.gov/eb/Orders/fcc00390.txt
  • No. EB-00-IH-0055 ) INTELLICALL OPERATOR SERVICES ) NAL/Acct. No. X32080023 FORFEITURE ORDER Adopted: October 27, 2000 Released: November 1, 2000 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Intellicall Operator Services (``Intellicall'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully failing to make a required contribution to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Intellicall's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Intellicall is liable for a forfeiture in the amount
• http://transition.fcc.gov/eb/Orders/fcc00423.doc http://transition.fcc.gov/eb/Orders/fcc00423.html http://transition.fcc.gov/eb/Orders/fcc00423.txt
  • ) File No. EB 00-IH-0053 ) America's Tele-Network Corp. ) NAL/Acct. No. x32080024 FORFEITURE ORDER Adopted: November 30, 2000 Released: December 5, 2000 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, we find that America's Tele-Network Corp. (``ATNC'') has violated section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering ATNC's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that ATNC is liable for a forfeiture in the amount of one hundred
• http://transition.fcc.gov/eb/Public_Notices/DA-04-437A2.html
  • See OSC, 18 F.C.C. Rcd at 6894-95 ( 39). By Memorandum Opinion and Order, FCC 03M-33, released August 20, 2003 (``MO&O''), additional issues were specified to determine whether BOI and its related entities, Buzz Telecom Corp. (``Buzz''), U.S. Bell and/or Link Technologies (collectively, ``U.S. Bell'') failed to make required universal service contributions in violation of 254(d) of the Act and 54.706 of the Commission's rules (Issue g); to determine whether BOI, Buzz and/or U.S. Bell had failed to make required contributions to the Telecommunications Relay Services Fund in violation of 64.604(c)(5)(iii)(A) of the Commission's rules (Issue h); and to determine whether BOI, Buzz and/or U.S. Bell failed to file Telecommunications Reporting Worksheets (``Worksheets'') in violation of 54.711, 54.713 and 64.604(c)(iii)(B) of
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/1999/fcc99235.doc
  • price cap incumbent LEC." A price cap LEC may not elect to participate in this support mechanism unless it also elects to participate in the interstate access charge rules described in Parts 61.--- and 69.---. Nothing in this subsection alters a carrier's obligation, or the obligations of providers of interstate telecommunications, to contribute to universal service support pursuant to Section 54.706 and 54.709. Support that would be provided, if such incumbent LECs participated in this Subpart, to areas served by price cap incumbent LECs not electing to participate in this Subpart will not be distributed or collected. In the event that all or a portion of a study area served by a participating price cap LEC is sold to an entity
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2000/fcc00359.doc
  • and necessary and appropriate for the protection of the public interest, convenience, and necessity. 47 U.S.C. � 254(b)(7). At the recommendation of the Joint Board, the Commission adopted competitive neutrality as an additional principle for universal service. Universal Service Order, 12 FCC Rcd at 8801-03, paras. 46-51. Universal Service Order, 12 FCC Rcd at 9206-09, paras. 844-50. 47 C.F.R. � 54.706(a) ("Entities that provide interstate telecommunications to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered telecommunications carriers providing interstate telecommunications services and must contribute to the universal service support programs. . . ."). Changes to the Board of Directors of the National Exchange Carrier Association, Inc., CC
• http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.doc http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Notices/2001/fcc01145.txt
  • minimis carriers. We also seek comment on whether and how carriers should true-up contribution amounts to reflect changes in their de minimis status during the relevant reporting period. Limited International Revenues Exception We also seek comment on whether to modify the limited exception to our contribution requirements for carriers with a low percentage of interstate end-user telecommunications revenues. Under section 54.706(c) of our rules, a provider of interstate and international telecommunications is not required to contribute based on its international telecommunications end-user revenues if its interstate end-user telecommunications revenues constitute less than eight percent of its combined interstate and international end-user telecommunications revenues. The rule is intended to exclude from the contribution base the international end-user telecommunications revenues of any telecommunications
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.pdf http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00193.txt
  • defined in the Administrator's by-laws. The budgets prepared by each Committee shall be subject to Board review as part of the Administrator's combined budget. The Board shall not modify the budgets prepared by the Committees of the Board unless such modification is approved by a two-thirds vote of a quorum of the Board, as defined in the Administrator's by-laws. Secs. 54.706 - 54.714 remain unchanged. Sec. 54.715 Administrative expenses of the Administrator. (a) The annual administrative expenses of the Administrator should be commensurate with the administrative expenses of programs of similar size, with the exception of the salary levels for officers and employees of the Administrator described in paragraph (b) of this section. The annual administrative expenses may include, but are
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00332.doc
  • Act - Competitive Bidding, MM Docket No. 94-31 and PP Docket No. 93-253, Report and Order, 10 FCC Rcd 9589 (1995). One of these small entities, O'ahu Wireless Cable, Inc., was subsequently acquired by GTE Media Ventures, Inc., which did not qualify as a small entity for purposes of the MDS auction. 13 C.F.R. � 121.201. See 47 C.F.R. � 54.706. See, e.g., 47 C.F.R. �� 54.401(d), 54.407(c). See 5 U.S.C. � 603. 47 U.S.C. � 254(d); 47 C.F.R. � 54.706. See 47 C.F.R. �54.705. See 47 C.F.R. �1.3 47 C.F.R. �� 1.415, 1.419. Good cause exists to make this order effective upon release, see 5 U.S.C. � 553(d), because it relieves a restriction and because absent this order, carriers would
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00449.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/fcc00449.txt
  • under certain circumstances a state telecommunications network might qualify as a `telecommunications carrier.''' ICN Declaratory Ruling, 14 FCC Rcd at 3050. We note that, to date, ICN is the only such network to seek a common carrier designation. Fourth Order on Reconsideration, 13 FCC Rcd at para. 104. 47 U.S.C. � 251. See 47 U.S.C. � 254(d); 47 C.F.R. �� 54.706, et seq.; see also First Report and Order, 12 FCC Rcd at 9173; see also Fourth Order on Reconsideration, 13 FCC Rcd at 5476. See, e.g., 47 U.S.C. � 208. As a common carrier, ICN is also eligible to receive direct reimbursement from the Commission's rural health care support mechanism to the extent it provides supported telecommunications services to eligible
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fc01085a.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FCC Form 499-Q, March 2001 Approved by OMB 3060-0855 Estimated Average Burden Hours Per Response: 6 Hours Telecommunications Reporting Worksheet, FCC Form 499-Q Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms * * * * * NOTICE TO INDIVIDUALS: Sections 54.706, 54.711, and 54.713 of the Federal Communications Commission's rules require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Telecommunications Reporting Worksheet (FCC Form 499-Q) on February 1, May 1, August 1,
• http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01268.doc http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2001/fcc01268.txt
  • AT&T, Report and Order and Order on Reconsideration, CC Docket No. 96-45, FCC 01-85 (rel. March 14, 2001) (Contribution Order). 47 U.S.C � 254. 47 U.S.C. � 254(d). Federal-State Joint Board on Universal Service, Report and Order, CC Docket No. 96-45, 12 FCC Rcd 8776 at 9173-9179, paras. 777-786 (1997) (subseq. history omitted) (Universal Service Order). See 47 C.F.R. � 54.706(a) (``Entities that provide interstate telecommunications to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered telecommunications carriers providing interstate telecommunications services and must contribute to the universal service support programs.''). 47 C.F.R. �� 54.706, 54.709. 47 C.F.R. � 54.709. Federal Transtel Petition at 3. Federal Transtel asserts
• http://www.fcc.gov/Bureaus/Common_Carrier/Public_Notices/2000/da000517.doc
  • for the first quarter of 2000). See Letter of Robert Haga, Universal Service Administrative Company, to Magalie R. Salas, FCC, dated February 24, 2000. The revenues on which contributions are assessed in the first and second quarters of 2000 are the revenues reported on the September 1999 Worksheet for the period from January through June 1999. See 47 C.F.R. � 54.706(c). See also Federal-State Joint Board on Universal Service, CC Docket No. 96-45, Access Charge Reform, CC Docket No. 96-262, Sixteenth Order on Reconsideration in CC Docket No. 96-45, Eighth Report and Order in CC Docket No. 96-45, Sixth Report and Order in CC Docket No. 96-262, FCC 99-290, at paras. 15, 19-29 (rel. Oct. 8, 1999). See USAC Filing for
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/telrev02.pdf
  • are determined by region of the country rather than on a nationwide basis. 2/International revenues are excluded from the contribution base if the total of amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. �54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). 14 Table 5 Revenues from Telecommunications Service Provided for Resale 1/: 2002 (Dollar Amounts
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/IAD/telrev03.pdf
  • determined by region of the country rather than on a nationwide basis. 2/International revenues are excluded from the contribution base if the total of amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). In addition, filers that provide only international services are exempt regardless of services offered
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat01.pdf
  • more than one service, the sum of the numbers in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers required to contribute a portion of their interstate end- user revenues to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service. The primary reason only 2,124 of the 5,679 filers actually contribute to the universal service fund is that no contribution is
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat02.pdf
  • provision of more than one service, the sum of the numbers in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenues to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service. The primary reason only 2,340 of the 5,364 filers actually contribute to the universal service fund is that no contribution is
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat03.pdf
  • service, the sum of the number of filers by service type in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenues to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate 4 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Locator/locat04.pdf
  • service, the sum of the number of filers by service type in Table 2 is greater than the number of individual filers. Table 2 also shows the number of filers that contribute a portion of their interstate end-user revenues to maintain universal service. Most telecommunications providers are required to contribute to the universal service fund, but there are exceptions. Section 54.706 of the Commission's rules requires all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are 4 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
• http://www.fcc.gov/Bureaus/Common_Carrier/Reports/FCC-State_Link/Monitor/mr04-1.pdf
  • are determined by region of the country rather than on a nationwide basis. International revenues are excluded from the contribution base if the total amount of interstate revenues for the filing entity consolidated with all affiliates is less than 12% of the total of interstate and international revenues for the filing entity consolidated with all affiliates. See 47 C.F.R. � 54.706(c). The threshold was increased from 8% to 12% in 2002. See Federal-State Joint Board on Universal Service, et al., CC Docket Nos. 96-45, 98-171, 90-571, 92-237, 99-200, 95-166, 98-170, Further Notice of Proposed Rulemaking and Report and Order, 17 FCC Rcd 3752, 3806, para. 125 (2002). Source: Industry Analysis and Technology Division, Wireline Competition Bureau, Telecommunications Industry Revenues (March 2004).
• http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/fcc00261.doc
  • Intellicall Operator Services ) NAL/Acct. No. 32080023 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Intellicall Operator Services (``Intellicall'') has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Intellicall is apparently liable for a forfeiture in the amount of $198,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/fcc00262.doc
  • ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Matrix Telecom, Inc. has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Matrix is apparently liable for a forfeiture in the amount of $113,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001746.doc
  • NAL/Acct. No. x32080026 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 2, 2000 Released: August 4, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that North American Telephone Network, LLC (``NATN'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that NATN is apparently liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00276.doc
  • America's Tele-Network Corp. ) NAL/Acct. No. x32080024 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 27, 2000 Released: August 1, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that America's Tele-Network Corp. (``ATNC'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that ATNC is apparently liable for a forfeiture in the amount of one hundred fifty-four thousand dollars ($154,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that:
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.doc http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl000428.html
  • Docket No. 93-144/RM 8117, RM 8030, RM 8029)/Implementation of Sections 3(n) and 322 of the Communications Act - Regulatory Treatment of Mobile Services (GN Docket No. 93-252). Reply Comments to Opposition to Petition for Reconsideration - American Mobile Telecommunications, Inc. In the Matter of Federal-State Joint Board on Universal Service (CC Docket No. 96-45)/Petitions for Waiver or Reconsideration of Section 54.706, 54.709, and/or 54.711 of the Commission's Rules filed by Affinity Corporation, Hotel Communications,Inc., LDC Telecommunications, Inc., MobileTel, Inc., National Telephone & Communications, Inc., Network Operator Services, Inc., Operator Communications, Inc., U.S. Network, Inc. Opposition - BellSouth Corporation. April 21 In the Matter of Amendment of Section 73.202(b), Table of Allotments, FM Broadcast Stations, (Madisonville, and College Station, Texas)(MM Docket No.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd990419.html
  • LLC NSD File No. ETC-99-01. Granted Application of Lattice Communications, LLC for a determination of ETC status. Action by Chief, Network Services Division. by Letter. (DA No. 99-747). CCB Internet URL: [11]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/da990747.wp FEDERAL-STATE BOARD ON UNIVERSAL SERVICE. Denied Startec Global Communications Corporation's requests that the Commission waive, or forbear from enforcing, the universal service contribution requirement set forth in section 54.706 of the Commission's rules. Dkt No.: CC- 96-45. Action by the Commission. Adopted: April 16, 1999. by MO&O. (FCC No. 99-75). CCB Internet URL: [12]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/1999/fcc99075.wp HI-TECH FURNACE SYSTEMS, INC. AND ROBERT E. KORNFELD, COMPLAINANTS, V. SPRINT COMMUNICATIONS COMPANY, LP, DEFENDANT. Denied, in its entirety, Hi-Tech Furnace Systems, Inc.'s and Robert E. Kornfeld's Complaint against Sprint Communications Company, L.P. alleging that
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1999/dd991014.html
  • Commercial Wireless Division: Steve A. Mackoul at (202) 418-7240. News Media Contact: Meribeth McCarrick (202) 418-0654. Internet URL: [32]http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1999/da992165.do c ----------------------------------------------------------------------- --- SPEECHES ----------------------------------------------------------------------- --- STATEMENT OF FCC CHAIRMAN WILLIAM E. KENNARD ON PASSAGE OF WIRELESS 911 LEGISLATION. Internet URL: [33]http://www.fcc.gov/Speeches/Kennard/Statements/stwek964.html ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- FEDERAL-STATE JOINT BOARD ON UNIVERSAL SERVICE. Denied Petitions for Waiver or Reconsideration of Sections 54.706, 54.709, and/or 54.711 of the Commissions Rules filed by Affinity Corporation, Hotel Communications, Inc., LDC Telecommunications, Inc., MobileTel, Inc., National Telephone & Communications, Inc., Network Operator Services, Inc., Operator Communications, Inc., U.S. Network, Inc. By Memorandum Opinion and Order and Seventeenth Order on Reconsideration. Dkt No.: CC-96-45. Action by the Commission. Adopted: October 6, 1999. by MO&O. (FCC No. 99-280).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000801.html
  • May 16, 2000, by Queen of Peace Radio, Inc. and canceled forfeiture. Action by the Commission. Adopted: July 28, 2000. by MO&O. (FCC No. 00-278). ENF Internet URL: [24]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00278.doc AMERICA'S TELE-NETWORK CORPORATION. Found America's Tele-Network Corporation apparently liable for a forfeiture in the amount of $154,000 for violating section 254(d) of the Communications Act of 1934, as amended, and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. By Notice of Apparent Liability for Forfeiture. Action by the Commission. Adopted: July 27, 2000. by NAL. (FCC No. 00-276). ENF Internet URL: [25]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/fcc00276.doc BAY BROADCASTING CORPORATION/NEW NORTHWEST BROADCASTERS II, INC. Dismissed as anuntimely request for reconsideration a July 14, 2000, letter (received July
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010302.html
  • 73.3999 of the Commission's rules.. Action by: Chief, Enforcement Bureau. Adopted: 02/28/2001 by Forfeiture Order. (DA No. 01-537). ENF [93]DA-01-537A1.pdf [94]DA-01-537A1.doc [95]DA-01-537A1.txt ADVANCED TELECOM. NETWORK, INC.. Issued Advanced Telecom Network, Inc. a monetary forfeiture in the amount of $46,700 for apparent willful and repeated failures to make required universal service contributions in accordance with 47 U.S.C. 254(d) and 47 C.F.R. 54.706. Action by: Chief, Enforcement Bureau. Adopted: 02/28/2001 by NALF. (DA No. 01-542). ENF [96]DA-01-542A1.pdf [97]DA-01-542A1.doc [98]DA-01-542A1.txt NORTH AMERICAN TELEPHONE NETWORK, LLC. Issued the North American Telephone Network, LLC for a monetary forfeiture in the amount of $55,000 for willful and repeated failures to make required universal service contributions in accordance with 47 U.S.C. 254(d) and 47 C.F.R. 54.706.. Action by:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020408.html
  • PROVISIONS OF THE TELECOMMUNICATIONS ACT OF 1996. Erratum correcting the reply date to the inmate payphone NPRM released February 21, 2002. (Dkt No. 96-128). Action by: Chief, Pricing Policy Division by ERRATUM. (DA No. 02-778). WCB [24]DOC-221415A1.doc [25]DOC-221415A1.pdf [26]DOC-221415A1.txt WJG MARITEL CORPORATION. Granted the request to withdraw petition for waiver, and dismissed without prejudice the petiiton for waiver of section 54.706 of the Commission's rules and regulations. (Dkt No. 96-45). Action by: Chief, Telecommunications Access Policy Division. Adopted: 04/05/2002 by ORDER. (DA No. 02-775). WCB [27]DA-02-775A1.doc [28]DA-02-775A1.pdf [29]DA-02-775A1.txt CELLULAR SOUTH LICENSE, INC.. Granted the request to withdraw the petition for waiver, and dismissed without prejudice the petition for waiver of section 54.313 of the Commission's rules and regulations. (Dkt No. 96-45).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd090401.html
  • (Dkt No 09-47). Comments Due: 04/10/2009. Reply Comments Due: 04/17/2009. WCB. Contact: Randy Clarke or Jeremy Miller at (202) 418-0940 [54]DA-09-741A1.doc [55]DA-09-741A1.pdf [56]DA-09-741A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- INMATE TELEPHONE, INC. Adopted the Consent Decree and terminated an investigation by the Bureau against Inmate Telephone, Inc. for possible violations of section 254 of the Communications Act of 1934, and sections 54.706 and 54.711 of the Commission's rules. Action by: Chief, Enforcement Bureau. Adopted: 03/31/2009 by Order/Consent Decree. (DA No. 09-740). EB [57]DA-09-740A1.doc [58]DA-09-740A1.pdf [59]DA-09-740A1.txt OMNIAT INTERNATIONAL TELECOM, LLC D/B/A OMNIAT TELECOM. Notified Omniat of its apparent liability for a total forfeiture of $330,000 for the apparent violation of sections 9(a)(1), 214(a), 225(b)(1), and 251(e)(2) of the Communications Act of 1934, and
• http://www.fcc.gov/Forms/Form499-A/499a-2001.pdf
  • shall contribute on a competitively neutral basis to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this worksheet. 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Telecommunications Reporting Worksheet (FCC Form 499) twice a year. 47 C.F.R. �� 54.706, 54.711, 54.713. Section 64.604 requires that
• http://www.fcc.gov/Forms/Form499-A/499a-2002.pdf
  • shall contribute on a competitively neutral basis to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this worksheet. 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Telecommunications Reporting Worksheet (FCC Form 499-A) once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times
• http://www.fcc.gov/Forms/Form499-A/499a-2003.pdf
  • neutral basis to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. ��
• http://www.fcc.gov/Forms/Form499-A/499a-2004.pdf
  • to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year. 47 C.F.R. ��
• http://www.fcc.gov/Forms/Form499-A/499a-2006.pdf
  • to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, interconnected voice-over-Internet- protocol (VoIP) providers, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times
• http://www.fcc.gov/Forms/Form499-A/499a-2007.pdf
  • to meet the costs of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, interconnected voice-over-Internet- protocol (VoIP) providers, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times
• http://www.fcc.gov/Forms/Form499-A/499a-2008.pdf
  • of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers and interconnected VoIP providers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, interconnected VoIP providers, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year.
• http://www.fcc.gov/Forms/Form499-A/499a-2009.pdf
  • of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers and interconnected VoIP providers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, interconnected VoIP providers, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year.
• http://www.fcc.gov/Forms/Form499-A/499a-2010.pdf
  • of establishing numbering administration, and directs that contributions shall be calculated and paid in accordance with this Telecommunications Reporting Worksheet (FCC Form 499-A or Worksheet). 47 C.F.R. � 52.17. Section 52.32 provides that the local number portability administrators shall recover the shared costs of long-term number portability from all telecommunications carriers and interconnected VoIP providers. 47 C.F.R. � 52.32. Sections 54.706, 54.711, and 54.713 require all telecommunications carriers providing interstate telecommunications services, interconnected VoIP providers, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Worksheet once a year and the Telecommunications Reporting Worksheet (FCC Form 499-Q) four times a year.
• http://www.fcc.gov/Forms/Form499-A/499a-2011.pdf
  • 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 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
• http://www.fcc.gov/Forms/Form499-A/499a2-2011.pdf
  • 1 47 U.S.C. �� 151, 225, 251, 254. 2 See 47 C.F.R. �� 52.17(b), 52.32(b), 54.708, 54.711, 64.604(b)(5)(iii)(B). 3 See 47 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
• http://www.fcc.gov/Forms/Form499-Q/499q.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 1 FCC Form 499-Q, April 2010 Approval by OMB 3060-0855 Estimated Average Burden Hours Per Response: 10 Hours Telecommunications Reporting Worksheet, FCC Form 499-Q (2010) Instructions for Completing the Quarterly Worksheet for Filing Contributions to Universal Service Support Mechanisms * * * * * NOTICE: Sections 54.706, 54.711, and 54.713 of the Federal Communications Commission's rules require all telecommunications carriers providing interstate telecommunications services, interconnected voice- over-Internet-protocol (VoIP) providers that provide interstate telecommunications, providers of interstate telecommunications that offer interstate telecommunications for a fee on a non-common carrier basis, and payphone providers that are aggregators to contribute to universal service and file this Telecommunications Reporting Worksheet (FCC
• http://www.fcc.gov/eb/Orders/2001/da011014.doc http://www.fcc.gov/eb/Orders/2001/da011014.html
  • In the Matter of ) File No. EB 00-IH-0241 ) TRS Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 FORFEITURE ORDER Adopted: April 19, 2001 Released: April 20, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order, we find that Advanced Telecom. Network, Inc. (``Advanced'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that Advanced is liable for a forfeiture in the amount of forty-six thousand seven hundred dollars ($46,700), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 2, 2001, the Commission, by the Chief, Enforcement Bureau, acting pursuant
• http://www.fcc.gov/eb/Orders/2001/da01540.doc http://www.fcc.gov/eb/Orders/2001/da01540.html
  • ) File No. EB 00-IH-0054 ) TRS Company Code: 815576 North American Telephone Network, LLC ) NAL/Acct. No. x32080026 FORFEITURE ORDER Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we find that North American Telephone Network, LLC (``NATN'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering NATN's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that NATN is liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000), the amount
• http://www.fcc.gov/eb/Orders/2001/da01542.doc http://www.fcc.gov/eb/Orders/2001/da01542.html
  • Company Code: 811135 Advanced Telecom. Network, Inc. ) NAL/Acct. No. 200132080020 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Advanced Telecom. Network, Inc. (``Advanced'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Advanced is apparently liable for a forfeiture in the amount of $46,700. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
• http://www.fcc.gov/eb/Orders/2001/fcc01048.doc http://www.fcc.gov/eb/Orders/2001/fcc01048.html
  • EB -00-IH-0057 ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 FORFEITURE ORDER Adopted: February 8, 2001 Released: February 20, 2001 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Matrix Telecom, Inc. (``Matrix'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Matrix's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Matrix is liable for a forfeiture in the
• http://www.fcc.gov/eb/Orders/2001/fcc01106.doc http://www.fcc.gov/eb/Orders/2001/fcc01106.html
  • No. EB-01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2001 Released: March 29, 2001 By the Commission: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that PTT Telekom, Inc. (``PTT'') has apparently violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that PTT is apparently liable for a forfeiture in the amount of $137,000. II. BACKGROUND In 1996, Congress amended the Communications Act of 1934 (the ``Act'') to require that: Every telecommunications carrier that provides
• http://www.fcc.gov/eb/Orders/2001/fcc01187.doc http://www.fcc.gov/eb/Orders/2001/fcc01187.html
  • Commission Washington, D.C. 20554 In the Matter of ) File No. EB 01-IH-0035 ) TRS Company Code: 819100 PTT Telekom, Inc. ) NAL/Acct. No. 200132080025 FORFEITURE ORDER Adopted: June 13, 2001 Released: June 15, 2001 By the Commission: 1. In this Forfeiture Order, we find that PTT Telekom, Inc. (``PTT'') has violated 47 U.S.C. � 254(d) and 47 C.F.R. � 54.706 by willfully and repeatedly failing to make required contributions to universal service support programs. We conclude that PTT is liable for a forfeiture in the amount of one hundred thirty-seven thousand dollars ($137,000), the amount proposed in the Notice of Apparent Liability (``NAL'') in this matter. 2. On March 29, 2001, the Commission issued the NAL to PTT. We issued
• http://www.fcc.gov/eb/Orders/2003/FCC-03-231A1.html
  • No. 0009652801 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE AND ORDER Adopted: September 26, 2003 Released: September 30, 2003 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL'') and Order, we find that Globcom, Inc. (``Globcom''), apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), 1 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules2 by willfully and repeatedly failing to contribute to the Universal Service Fund and the Telecommunications Relay Service (``TRS'') Fund. We also find that Globcom apparently violated section 54.711(a) of the Commission's rules by willfully and repeatedly failing to file complete and accurate interstate and international revenue information.3 Based on our review of the facts
• http://www.fcc.gov/eb/Orders/2004/DA-04-2828A1.html
  • Cellular, Inc. d/b/a 0870-20 Innovative Wireless ORDER Adopted: September 22, 2004 Released: September 23, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively, ``ICC Entities'') of sections 52.17, 54.706, and 64.604 of the Commission's rules (``Rules''), 47 C.F.R. 52.17, 54.706 and 64.604, in connection with the Universal Service Fund (``USF''), Telecommunications Relay Services (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund contribution requirements.1 2. The Bureau and Innovative Communications Corporation (``ICC''), the holding company of the ICC Entities, have negotiated the terms of a Consent Decree
• http://www.fcc.gov/eb/Orders/2004/DA-04-2828A2.html
  • (the ``Bureau'') of the Federal Communications Commission (``FCC'' or ``Commission'') and Innovative Communications Corporation (``ICC''), by their respective authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Bureau's investigation into whether Virgin Islands Telephone Corporation d/b/a Innovative Telephone, Innovative Long Distance, Inc., and Vitelcom Cellular, Inc. d/b/a Innovative Wireless (collectively ``ICC Entities'') violated Sections 52.17, 54.706(a), and 64.604 of the Commission's rules, 47 C.F.R. 52.17, 54.706(a), and 64.604, requiring carriers providing interstate telecommunications services to contribute to the Universal Service Fund (``USF''), the Telecommunications Relay Service (``TRS'') Fund, and the North American Numbering Plan Administration (``NANPA'') Fund. 2. For purposes of this Consent Decree, the following definitions shall apply: (a) The ``Act'' means the Communications Act
• http://www.fcc.gov/eb/Orders/2004/DA-04-2852A1.html
  • New Edge Network, Inc. ) Acct. No. 200432080185 ) ) FRN No. 0003-7204-71 ORDER Adopted: September 10, 2004 Released: September 13, 2004 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by New Edge Network, Inc. (``New Edge'') of section 254 of the Communications Act of 1934, as amended,1 and sections 54.706, 54.711, 54.713,2 and related provisions of the Commission's rules in connection with the universal service support mechanism reporting and contribution requirements.3 2. The Bureau and New Edge have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the terms
• http://www.fcc.gov/eb/Orders/2004/DA-04-3014A1.html
  • 5 1 - 4 4 Corporation ORDER Adopted: September 23, 2004 Released: September 24, 2004 By the Chief, Enforcement Bureau: 1. The Enforcement Bureau (``Bureau'') has been conducting an investigation into possible violations by Manhattan Telecommunications Corporation, a wholly owned subsidiary of Metropolitan Telecommunications Holding Company (``Company''), of section 254 of the Communications Act of 1934, as amended,1 and sections 54.706 and 64.6042 and related provisions of the Commission's rules concerning reporting and contribution requirements for the universal service and telecommunications relay service funds.3 2. The Bureau and Company have negotiated the terms of a Consent Decree that would terminate the Bureau's investigation. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed the
• http://www.fcc.gov/eb/Orders/2004/DA-04-3353A1.html
  • ) File No. EB-04-IH-0142 ) ) Acct. No. 200532080008 TON Services, Inc. ) ) FRN No. 0005-0237-26 ORDER Adopted: October 27, 2004 Released: October 28, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by TON Services, Inc. (``TON'') of section 254 of the Act and sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules, 47 U.S.C. 254, 47 C.F.R. 52.17, 54.706, 54.711, 54.713 and 64.604, relating to obligations of carriers to make payments into the Universal Service Fund and Telecommunications Relay Service Fund.1 2. The Enforcement Bureau (``Bureau'') and TON have negotiated the terms of the Consent Decree. A copy of the Consent Decree is attached
• http://www.fcc.gov/eb/Orders/2004/DA-04-3983A1.html
  • number associated with the destination they wish to reach.1 3. In October 2004, the Universal Service Administrative Company referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the Universal Service Fund (``USF''). Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, which requires entities that provide interstate telecommunications to the public to contribute to USF.2 The Bureau sent the LOI to BigZoo by certified mail/return receipt requested, by email, and by facsimile.3 The LOI directed BigZoo to provide certain specified documents and information within twenty calendar days of the date of the letter, i.e., by November 4,
• http://www.fcc.gov/eb/Orders/2004/DA-04-657A1.html
  • Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No. EB-03-IH-0366 ) Acct. No. 200432080021 WestCom Corporation ) FRN No. 0009-6760-99 ) ORDER Adopted: March 12, 2004 Released: March 16, 2004 By the Chief, Enforcement Bureau: 1. In this Order, we adopt a Consent Decree terminating an investigation into possible violations by WestCom Corporation (``WestCom'') of sections 54.706, 54.711, 54.713, and related provisions of the Commission's rules (``Rules''), 47 C.F.R. 54.706, 54.711 and 54.713, in connection with the universal service support mechanism reporting and contribution requirements.1 2. The Enforcement Bureau (``Bureau'') and WestCom have negotiated the terms of the Consent Decree. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. We have reviewed
• http://www.fcc.gov/eb/Orders/2004/DA-04-91A1.html
  • complaints that may be filed against ADST under Section 208 of the Act, or from instituting new investigations or enforcement proceedings against ADST in the event of alleged future misconduct. Consistent with the forgoing, nothing in this Consent Decree limits the Commission's authority to consider and adjudicate any other violation of the Act and its rules, including violation of Sections 54.706, 54.709 and 54.713 of the Commission's rules. 12. ADST waives any and all rights it may have to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or contest the validity of this Consent Decree and the Order adopting this Consent Decree, provided the Order adopts the Consent Decree without change, addition, or modification. 13. ADST's
• http://www.fcc.gov/eb/Orders/2004/DOC-244194A1.html
  • discontinuance of service. The Bureau was made a party to the Proceeding. 4. On August 20, 2003, the presiding officer issued a Memorandum Opinion and Order8 expanding the hearing to determine whether: 1) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to federal universal service support programs in violation of section 254(d) of the Act9 and section 54.706 of the Commission's rules;10 2) BOI, BUZZ and/or U.S. Bell/LINK had failed to make required contributions to the Telecommunications Relay Services (``TRS'') Fund, in violation of section 64.604(c)(5)(iii)(A) of the Commission's rules;11 and 3) BOI, BUZZ, U.S. Bell/LINK had failed to file Telecommunications Reporting Worksheets in violation of sections 54.711, 54.713 and 64.604(c)(iii)(B) of the Commission's rules.12 The presiding officer
• http://www.fcc.gov/eb/Orders/2005/DA-05-1907A1.html
  • concerning its failure to contribute to the universal service fund (``USF'') and its failure to file Telecommunications Reporting Worksheets. According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. 4. Following USAC's referral, the Bureau sent QuickLink a Letter of Inquiry (``LOI'') to obtain information concerning whether the company violated section 54.706 of the Commission's rules,3 involving the requirement to contribute to USF.4 The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email.5 The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
• http://www.fcc.gov/eb/Orders/2005/DA-05-2392A1.html
  • failure to contribute to the Universal Service Fund (``USF'') and its failure to file Telecommunications Reporting Worksheets as required by Commission rules.5 According to USAC's records, QuickLink has filed only one Worksheet, and made only one contribution to USF since 2003. 3. Following USAC's referral, the Bureau sent QuickLink the LOI to obtain information concerning whether the company violated section 54.706 of the Commission's rules,6 involving the requirement to contribute to USF.7 The Bureau sent the LOI to QuickLink's registered office in Jamaica, New York, by certified mail/return receipt requested, facsimile and email.8 The Bureau also sent the LOI to QuickLink's registered agent by certified mail/return receipt requested. The LOI directed QuickLink to provide certain specified documents and information within twenty
• http://www.fcc.gov/eb/Orders/2005/DA-05-2485A1.html
  • The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against Locus for possible violations of the universal service reporting and contribution requirements of section 254 of the Communications Act of 1934, as amended (``the Act'')1 and certain Commission rules relating to universal service, the Telecommunications Relay Service Fund and the North American Numbering Plan Administration, sections 52.17, 54.706, 54.711, 54.713, and 64.604 of the Commission's rules.2 2. The Enforcement Bureau and Locus 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 new evidence relating to this matter, we
• http://www.fcc.gov/eb/Orders/2005/DA-05-2989A1.html
  • 1. In this Order, 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
• http://www.fcc.gov/eb/Orders/2005/DA-05-449A1.html
  • and circumstances surrounding this case are set forth in the Notice of Apparent Liability for Forfeiture issued by the Bureau in December 2004, and need not be reiterated at length here.2 BigZoo sells prepaid long distance phone service, and is therefore a telecommunications carrier providing interstate service that is required to contribute to the Universal Service Fund (``USF'') under section 54.706 of the Commission's rules.3 In October 2004, the Universal Service Administrative Company (``USAC'') referred BigZoo to the Bureau for action concerning its failure to fully and timely contribute to the USF. Thereafter, by letter dated October 15, 2004, the Bureau initiated an investigation into whether the company violated, among other things, section 54.706 of the Commission's rules, and directed BigZoo
• http://www.fcc.gov/eb/Orders/2005/FCC-05-145A1.html
  • 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 of 1934, as amended (the ``Act''),3 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund.4 II. BACKGROUND 3. The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that providers of such telecommunications comply with the requirements imposed on them by the Act and our rules.5
• http://www.fcc.gov/eb/Orders/2005/FCC-05-146A1.html
  • 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 sections 254(d) and 251(e)(2) of the Communications Act of 1934, as amended (the ``Act''),3 and sections 54.706(a), 64.604(c)(5)(iii)(A) and 52.17(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF''), Telecommunications Relay Service (``TRS'') Fund, and cost recovery mechanisms for North American Numbering Plan Administration (``NANPA'').4 Finally, we find that Teletronics has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by willfully and repeatedly failing to pay regulatory
• http://www.fcc.gov/eb/Orders/2005/FCC-05-147A1.html
  • liable for a total forfeiture of $606,500. 2. We specifically find that Carrera Communications, LP (``Carrera'') has apparently violated sections 54.711(a) and 64.604 of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'') or predecessor forms from 1999 through the current date.2 Further, we find that Carrera has apparently violated section 254(d) of the Act and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund.3 We also find that Carrera has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules by failing to pay regulatory fees to the Commission.4 Finally, we find that Carrera apparently violated Commission orders by
• http://www.fcc.gov/eb/Orders/2005/FCC-05-156A1.html
  • that time, apparently failed to meet its statutory and regulatory obligations related to those programs. Based upon the facts and circumstances surrounding this matter, we conclude that TMI is apparently liable for a total forfeiture of $280,000. 2. Specifically, we find that TMI has apparently violated sections 254(d) of the Communications Act of 1934, as amended (the ``Act''),1 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').2 We further find that TMI has apparently violated sections 1.1154 and 1.1157(b)(1) of the Commission's rules3 by failing to pay regulatory fees to the Commission. II. BACKGROUND 3. The Commission is charged by Congress with regulating interstate and international telecommunications and ensuring that
• http://www.fcc.gov/eb/Orders/2005/FCC-05-157A1.html
  • (``OCMC''), a telecommunications carrier that has been operating 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 the Universal Service Fund (``USF''). Specifically, we find that OCMC has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''),1 and section 54.706(a) of the Federal Communications Commission's rules2 by willfully and repeatedly failing to contribute fully and timely to the USF. Based on our review of the facts and circumstances of this case, and for the reasons discussed below, we find that OCMC is apparently liable for a total monetary forfeiture in the amount of $1,133,761. II. BACKGROUND 2. The Telecommunications Act
• http://www.fcc.gov/eb/Orders/2005/FCC-05-167A1.html
  • is apparently liable for a total forfeiture of $282,000. 2. We specifically find that BCE Nexxia Corporation (``BCE Nexxia'') has apparently violated sections 54.711(a) of the Commission's rules by failing to submit certain Telecommunications Reporting Worksheets (``Worksheets'').1 We also find that BCE Nexxia has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').2 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally-mandated programs including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute
• http://www.fcc.gov/eb/Orders/2005/FCC-05-168A1.html
  • 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 Communications Act of 1934, as amended (the ``Act''),3 and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') and Telecommunications Relay Service (``TRS'') Fund on a timely basis.4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal
• http://www.fcc.gov/eb/Orders/2005/FCC-05-185A1.html
  • 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, as amended (the ``Act''),3 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'').4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of Congressionally mandated programs, including the federal universal service program. The failure of a carrier to fulfill its obligation to contribute to
• http://www.fcc.gov/eb/Orders/2005/FCC-05-186A1.html
  • 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 the Communications Act of 1934, as amended (the ``Act''),3 and section 54.706(a) of the Commission's rules by willfully and repeatedly failing to contribute to the Universal Service Fund (``USF'') on a timely basis in 2004 and 2005.4 3. We are resolved to ensure a level playing field for all companies that are required to contribute to the maintenance of our various Congressionally mandated programs, including the federal universal service program. The failure
• http://www.fcc.gov/eb/Orders/2006/DA-06-1063A1.html
  • this Order, we adopt 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
• http://www.fcc.gov/eb/Orders/2006/DA-06-1063A2.html
  • terms of this Consent 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
• http://www.fcc.gov/eb/Orders/2006/DA-06-1176A1.html
  • investigation. II. BACKGROUND 3. 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)
• http://www.fcc.gov/eb/Orders/2006/DA-06-1512A1.html
  • the attached Consent Decree 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
• http://www.fcc.gov/eb/Orders/2006/DA-06-2451A1.html
  • Order, we adopt the 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
• http://www.fcc.gov/eb/Orders/2006/FCC-06-127A1.html
  • its statutory and regulatory obligations related to the Universal Service Fund ("USF" or "Fund"). Specifically, we find that LPSI has apparently violated section 54.711(a) of the Commission's rules by failing to timely submit certain Telecommunications Reporting Worksheets ("Worksheets"). Furthermore, we find that LPSI has apparently violated section 254(d) of the Communication's Act of 1934, as amended (the "Act"), and section 54.706(a) of the Federal Communications Commission's (the "Commission") rules by willfully and repeatedly failing to contribute fully and timely to the USF. Based upon the facts and circumstances surrounding this matter, we find that LPSI is apparently liable for a total monetary forfeiture in the amount of $529,000. II. Background 2. The Act codified Congress's historical commitment to promote universal service
• http://www.fcc.gov/eb/Orders/2006/FCC-06-135A1.html
  • adopt the attached Consent 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
• http://www.fcc.gov/eb/Orders/2006/FCC-06-136A1.html
  • repeated here at length. TMI is a Maine-based telecommunications provider that offers long distance plans, toll free numbers, and phone cards. In 2002, it began providing these services by reselling intrastate, interstate, and international long-distance services purchased from Global Crossing Bandwidth, Inc. ("Global Crossing"). As such, TMI is subject to the obligations of section 254(d) of the Act and sections 54.706, 1.1154, and 1.1157(a)(1) of our rules. Section 254(d) of the Act requires, among other things, that "[e]very telecommunications carrier [providing] interstate telecommunications services . . . contribute, on an equitable and nondiscriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service." Section 54.706 of the Commission's rules requires all telecommunications carriers
• http://www.fcc.gov/eb/Orders/2006/FCC-06-138A1.html
  • in the Notice of Apparent Liability and Order ("OCMC NAL") previously issued by the Commission, and need not be reiterated here at length. OCMC is an operator service provider ("OSP"), interexchange carrier and toll reseller. As an OSP and reseller of interstate and international long-distance services, OCMC is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. Section 254(d) of the Act requires that "[e]very telecommunications carrier that provides interstate telecommunications services shall contribute, on an equitable and non-discriminatory basis, to the specific, predictable, and sufficient mechanisms established by the Commission to preserve and advance universal service." Section 54.706 of the Commission's rules requires all telecommunications carriers that provide interstate telecommunications services, and certain
• http://www.fcc.gov/eb/Orders/2006/FCC-06-49A1.html
  • Order ("Globcom NAL") previously issued by the Commission, and need not be reiterated here at length. Globcom, which does business as Globcom Global Communications, is an interexchange carrier headquartered in Northbrook, Illinois that provides resale telecommunications services. As a reseller of interstate and international long-distance services, Globcom is subject to the obligations of section 254 of the Act and section 54.706(b) of our rules. The Commission's rules in effect during the time period in question required all telecommunications carriers that provided interstate telecommunications services, and certain other providers of interstate telecommunications, to contribute to the universal service fund based on their gross billed interstate and international end-user telecommunications revenues. Section 64.604(c)(5)(iii)(A) of our rules also requires Globcom to contribute to the
• http://www.fcc.gov/eb/Orders/2007/DA-07-2150A1.html
  • in connection with replacing local private line services provisioned under tariff by AT&T prior to the advent of effective special access tariffs). See Universal Service Order, 12 FCC Rcd at 9175, P 780; 9355-56 at Appendix I (stating that private line services qualify as "telecommunications" and adopting rules providing for universal service contributions by interstate telecommunications carriers); 47 C.F.R. S 54.706(a) (stating that entities that provide "interstate telecommunications" -- including "private line service" -- to the public, or to such classes of users as to be effectively available to the public, for a fee will be considered "telecommunications carriers" providing interstate telecommunications services and must contribute to the universal service support mechanisms.). In its August 19, 2005 Letter explaining its reasons
• http://www.fcc.gov/eb/Orders/2007/DA-07-3411A1.html
  • Inc., 921 Eastwind Drive, Suite 104, Westerville, Ohio 43081. FEDERAL COMMUNICATIONS COMMISSION Kris Anne Monteith Chief Enforcement Bureau 47 C.F.R. S: 54.711(a). 47 U.S.C. S:S: 154(i), 154(j), 218, 403. The Telecommunications Act of 1996 amended the Communications Act of 1934, see Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). 47 U.S.C. S: 254(d). 47 C.F.R. S: 54.706(b). Beginning April 1, 2003, carrier contributions were based on a carrier's projected, rather than historical, revenues. Id. See 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."); Universal Service Contribution Methodology, Report and Order and Notice of Proposed Rulemaking, 21
• http://www.fcc.gov/eb/Orders/2007/DA-07-4012A1.html
  • of the Federal Communications 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.
• http://www.fcc.gov/eb/Orders/2007/DA-07-4016A1.html
  • Form 499-A (2007) (annual "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,
• http://www.fcc.gov/eb/Orders/2007/DA-07-4019A1.html
  • confirmation of the facsimile 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
• http://www.fcc.gov/eb/Orders/2007/FCC-07-122A1.html
  • entered into between the Federal Communications Commission (the "Commission") and Verizon Business Global LLC f/k/a MCI, LLC ("Verizon"). The Consent Decree terminates the enforcement proceeding initiated by the Enforcement Bureau against MCI, Inc. ("MCI") 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, and 64.604 of the Commission's rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan Administration ("NANPA"), and regulatory fees. 2. The Commission and Verizon 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
• http://www.fcc.gov/eb/Orders/2007/FCC-07-165A1.html
  • terms of the Consent Decree and in willful and repeated violation of Section 63.71 of the Commission's rules. 12. The Consent Decree, at paragraph 14(f), required the Kintzel brothers to make all federal universal service contributions by the due date specified in each invoice sent by the USAC. The requirement to pay universal service contributions is also codified in Section 54.706 of the Commission's rules and is critical to maintaining the vitality of the universal service fund and guaranteeing the continued availability of funds. The information before the Commission indicates that one of the Kintzel brothers' companies, Buzz, apparently failed to make 22 required universal service contributions. The Kintzel brothers' apparent utter disregard for their universal service obligations is flatly inconsistent
• http://www.fcc.gov/eb/Orders/2007/FCC-07-57A1.html
  • Order, we adopt the 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
• http://www.fcc.gov/eb/Orders/2007/FCC-07-58A1.html
  • 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 Service Fund ("USF"); and (4) section 64.604(c)(5)(iii)(A) of the rules by failing to contribute to the Telecommunications
• http://www.fcc.gov/eb/Orders/2007/FCC-07-59A1.html
  • 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 54.706(a) of the Commission's rules by failing to contribute to the Universal Service Fund ("USF") in 2004 and early 2005. II. BACKGROUND A. Obligations to Register, File Periodic Revenue Information, and Contribute to the USF 2. The facts and circumstances surrounding this case are set forth in the NAL, and need not be reiterated here at length. Global Teldata began operations
• http://www.fcc.gov/eb/Orders/2007/FCC-07-73A1.html
  • issue a forfeiture if it finds by a preponderance of the evidence that the person has willfully or repeatedly violated the Act or a Commission order or rule. 11. We find by a preponderance of the evidence, as discussed in detail in the Carrera NAL and herein, that Carrera has violated section 254(d) of the Act and sections 54.711(a), 64.604(c)(5)(iii), 54.706(a), 1.1154, and 1.1157(b)(1) of the Commission's rules. Specifically, we find based on a preponderance of the evidence that Carrera: (1) willfully and repeatedly failed to file Worksheets and predecessor forms; (2) willfully and repeatedly failed to make requisite contributions toward the Universal Service and TRS Funds; (3) willfully and repeatedly failed to pay regulatory fees to the Commission; and (4)
• http://www.fcc.gov/eb/Orders/2008/DA-08-1178A1.html
  • Enforcement Bureau: 1. In 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-1322A1.html
  • 10, 2008 By 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-1336A1.html
  • to sections 4(i), 4(j), 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
• http://www.fcc.gov/eb/Orders/2008/DA-08-1920A1.html
  • P:13 (footnotes omitted). See id. at 10246 n.2 (citing examples of VoIP customers futilely attempting to 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/DA-08-2551A1.html
  • Enforcement Bureau (the "Bureau") and Cincinnati Bell, Inc., Cincinnati Bell Telephone Company and Cincinnati Bell Extended Territories, Inc. ("Cincinnati Bell"). The Consent Decree terminates the enforcement proceeding initiated by the Bureau against Cincinnati Bell for possible violations of sections 9(a)(1), 225(b)(1) and 254 of the Communications Act of 1934, as amended (the "Act"), and sections 1.1151, 1.1154, 1.1157(b)(1), 52.17, 52.32, 54.706, 54.711, 54.713, and 64.604 of the Commission's Rules, relating to universal service, and certain Rules relating to universal service, the Telecommunications Relay Service ("TRS") Fund, the North American Numbering Plan Administration ("NANPA"), Local Number Portability ("LNP") and regulatory fees. 2. The Bureau and Cincinnati Bell have negotiated the terms of the Consent Decree that resolve this matter. A copy of
• http://www.fcc.gov/eb/Orders/2009/DA-09-740A1.html
  • 2009 Released: March 31, 2009 By the Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau ("Bureau") and Inmate Telephone, Inc. ("Inmate"). The Consent Decree terminates an investigation by the Bureau against Inmate for possible violations of section 254 of the Communications Act of 1934, as amended (the "Act") and sections 54.706 and 54.711 of the Commission's rules relating to reporting and contribution requirements for the universal service fund ("USF"). 2. The Bureau and Inmate 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
• http://www.fcc.gov/eb/Orders/2009/FCC-09-103A1.html
  • this case, and thus the precise amount of any damages due will be calculated in a separate proceeding. We note, moreover, that if Farmers had been providing interstate end-user telecommunications services to Qwest or the conference calling companies, then Farmers should have timely reported revenues from those end-user services and paid universal service contributions based on them. 47 C.F.R. S: 54.706. [Redacted confidential information regarding Farmers' Form 499 filings.] As Qwest points out, in a factually similar case involving calls to a chat line, the Commission held that a sham arrangement "designed solely to extract inflated access charges from IXC's" constituted an unreasonable practice in connection with access service that violated section 201(b) of the Act. Total Telecomms. Servs., Inc., and
• http://www.fcc.gov/eb/Orders/2009/FCC-09-1A1.html
  • ) ) NOTICE OF APPARENT 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
• http://www.fcc.gov/eb/Orders/2009/FCC-09-26A1.html
  • $10,000 is not required to contribute to the USF. See supra n. 23. Any entity required to contribute to the USF whose projected collected interstate end-user telecommunications revenues comprise less than 12 percent of its combined projected collected interstate and international end-user telecommunications revenues may contribute based only on the entity's projected collected interstate end-user telecommunications revenues. 47 C.F.R. S: 54.706(c). Because Omniat characterizes itself primarily as an "international long distance provider" providing the ability to "[c]all from anywhere in the world, to anywhere in the world," we do not, at this time, have the revenue information needed to determine whether Omniat has had sufficient interstate and international revenue to be liable for USF contributions since 2003. See Omniat home page,
• http://www.fcc.gov/eb/Orders/2009/FCC-09-55A1.html
  • this Order, we adopt the attached Consent Decree between the Federal Communications Commission ("Commission") and Global Crossing (as defined below). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture ("NAL") by the Commission against Global Crossing for apparent violations of sections 254(d) and 225 of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 64.604(c)(5)(iii)(A) of the Commission's rules by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF") and Telecommunications Relay Service ("TRS") Fund. 2. The Commission and Global Crossing 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.
• http://www.fcc.gov/eb/Orders/2010/DA-10-1250A1.html
  • See Letter from Thomas Lynch, Counsel for Global Information Technologies, to Marlene H. Dortch, Secretary, FCC, dated Sept. 10, 2008. See Letter from Thomas Lynch, Counsel for Global Information Technologies, to Marlene H. Dortch, Secretary, FCC and Marcy Green, Deputy Chief, Telecommunications Consumers Division, Enforcement Bureau, FCC, dated Mar. 10, 2009 ("GIT Omnibus NAL Response") See generally 47 C.F.R. S:S: 54.706 - 54.713 (outlining requirements for contributions to the federal universal service support mechanisms). See also Federal-State Joint Board on Universal Service, 1998 Biennial Regulatory Review - Streamlined Contributor Reporting Requirements Associated with Administration of Telecommunications Relay Services, North American Numbering Plan, Local Number Portability, and Universal Service Support Mechanisms, Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the
• http://www.fcc.gov/eb/Orders/2010/DA-10-1290A1.html
  • contribution and other related rules and 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
• http://www.fcc.gov/eb/Orders/2010/DA-10-418A1.html
  • Adopted: March 18, 2010 Released: March 18, 2010 By the Chief, Enforcement Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Enforcement Bureau and Comtel Telcom Assets LP ("Comtel"). The Consent Decree terminates an investigation by the Bureau of Comtel's compliance with Section 254(d) of the Communications Act of 1934, as amended, and section 54.706 of the Commission's Rules, relating to payment of Universal Service Fund contributions. 2. The Bureau and Comtel have negotiated the terms of the Consent Decree that resolve this investigation. 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 find that
• http://www.fcc.gov/eb/Orders/2010/DA-10-418A2.html
  • FRN No. 0013838701 ) ) CONSENT DECREE 1. The Enforcement Bureau of the Federal Communications Commission and Comtel Telcom Assets LP ("Comtel"), by their authorized representatives, hereby enter into this Consent Decree for the purpose of resolving the Enforcement Bureau's investigation of compliance by Comtel with Section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute fully and timely to the Universal Service Fund (USF"). I. DEFINITIONS 2. For purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an order of the Bureau adopting
• http://www.fcc.gov/eb/Orders/2010/DA-10-672A1.html
  • Best Phone's Petition for Reconsideration of Forfeiture Order (dated June 18, 2008) ("Petition for Reconsideration"). Local Phone Services, Inc., Order of Forfeiture Order, 23 FCC Rcd 8952 (2008) ("Forfeiture Order"). The Forfeiture Order imposed a monetary forfeiture for LPSI's willful and repeated violations of Section 254(d) of the Communications Act of 1934, as amended, 47 U.S.C. S: 254(d), and Sections 54.706(a) and 54.711(a) of the Commission's Rules, 47 C.F.R. S:S: 54.706(a), 54.711(a). The noted violations involved LPSI's failure to timely submit certain Telecommunications Reporting Worksheets and LPSI's failure to timely contribute to the Universal Service Fund. The granting of LPSI's request herein does not affect the validity of the Forfeiture Order. Cancellation of the Certificate of Convenience and Authority Previously Granted
• http://www.fcc.gov/eb/Orders/2010/DA-10-692A1.html
  • we adopt the attached 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
• http://www.fcc.gov/eb/Orders/2010/DA-10-912A1.html
  • Vice President of Operations/General Manager 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,
• http://www.fcc.gov/eb/Orders/2010/DA-10-913A1.html
  • Jerkunica Chief Executive Officer 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
• http://www.fcc.gov/eb/Orders/2010/FCC-10-48A1.html
  • Liability for Forfeiture FRN No. 0004325320 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 26, 2010 Released: March 30, 2010 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Globalcom, Inc. ("Globalcom"), apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and sections 54.706(a) and 54.711(a) of the Commission's rules, by willfully or repeatedly failing to make required regulatory filings, as well as failing to contribute fully and timely to the Universal Service Fund ("USF"). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that Globalcom is apparently liable for a total forfeiture
• http://www.fcc.gov/eb/Orders/2010/FCC-10-78A1.html
  • for Forfeiture FRN No. 0004266938 ) ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 4, 2010 Released: May 6, 2010 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that NTS Communications, Inc. ("NTS"), apparently violated section 254(d) of the Communications Act of 1934, as amended (the "Act"), and section 54.706(a) of the Commission's rules, by willfully or repeatedly failing to contribute fully and timely to the Universal Service Fund ("USF"). Based on our review of the facts and circumstances surrounding this matter, and for the reasons discussed below, we find that NTS is apparently liable for a total forfeiture of $284,250. We find this significant forfeiture is warranted based on
• http://www.fcc.gov/eb/Orders/2011/DA-11-666A1.html
  • ) )) ORDER Adopted: 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
• http://www.fcc.gov/eb/Orders/2011/FCC-11-42A1.html
  • FORFEITURE ORDER Adopted: March 9, 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
• http://www.fcc.gov/eb/Orders/2012/DA-12-267A1.html
  • Bureau: 1. In this 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
• http://www.fcc.gov/eb/Orders/2012/DA-12-612A1.html
  • the Enforcement Bureau (Bureau) of the Federal Communications Commission (Commission) and Telrite Corporation (Telrite). The Consent Decree terminates an investigation and Notice of Apparent Liability for Forfeiture (NAL) by the Commission against Telrite for possible violations of Sections 9(a)(1), 225(b)(1), 251(e)(2), and 254(d) of the Communications Act of 1934, as amended (Act), and Sections 1.1154, 1.1157(b)(1), 52.17(a), 52.17(b), 52.32(a), 52.32(b), 54.706, 54.711, 64.604(c)(5)(iii)(A), and 64.604(c)(5)(iii)(B) of the Commission's rules concerning the payment of annual regulatory fees; contributions to the Universal Service Fund and Telecommunications Relay Services Fund; contributions to cost-recovery mechanisms for North American Numbering Plan and Local Number Portability 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/2012/FCC-12-62A1.html
  • Liability for Forfeiture FRN 0021816459 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 14, 2012 Released: June 14, 2012 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (NAL), we find that Telseven, LLC (Telseven or Company) apparently violated: (1) Section 254(d) of the Communications Act of 1934, as amended (Act), and Section 54.706 of the Commission's rules by willfully or repeatedly failing to contribute fully to the Universal Service Fund (USF); (2) Section 54.711(a) of the Commission's rules by willfully or repeatedly filing inaccurate FCC Forms 499-Q; (3) Section 251(e)(2) of the Act and Section 52.17 the Commission's rules by willfully or repeatedly failing to make full contributions to the administration of the
• http://www.fcc.gov/eb/Orders/da001746.doc http://www.fcc.gov/eb/Orders/da001746.txt
  • NAL/Acct. No. x32080026 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 2, 2000 Released: August 4, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that North American Telephone Network, LLC (``NATN'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that NATN is apparently liable for a forfeiture in the amount of fifty-five thousand dollars ($55,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications
• http://www.fcc.gov/eb/Orders/fcc00261.doc http://www.fcc.gov/eb/Orders/fcc00261.txt
  • Intellicall Operator Services ) NAL/Acct. No. 32080023 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Intellicall Operator Services (``Intellicall'') has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Intellicall is apparently liable for a forfeiture in the amount of $198,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://www.fcc.gov/eb/Orders/fcc00262.doc http://www.fcc.gov/eb/Orders/fcc00262.txt
  • ) Matrix Telecom, Inc. ) NAL/Acct. No. X32080022 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 21, 2000 Released: July 27, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Matrix Telecom, Inc. has apparently violated Section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and Section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that Matrix is apparently liable for a forfeiture in the amount of $113,000. II. BACKGROUND 2. In 1996, Congress amended the Act to require that: Every telecommunications carrier
• http://www.fcc.gov/eb/Orders/fcc00276.doc http://www.fcc.gov/eb/Orders/fcc00276.txt
  • America's Tele-Network Corp. ) NAL/Acct. No. x32080024 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 27, 2000 Released: August 1, 2000 By the Commission: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that America's Tele-Network Corp. (``ATNC'') has apparently violated section 254(d) of the Communications Act of 1934, as amended (the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to contribute to universal service support programs. Based on our review of the facts and circumstances in this case, we conclude that ATNC is apparently liable for a forfeiture in the amount of one hundred fifty-four thousand dollars ($154,000). II. BACKGROUND 2. In 1996, Congress amended the Act to require that:
• http://www.fcc.gov/eb/Orders/fcc00390.doc http://www.fcc.gov/eb/Orders/fcc00390.html http://www.fcc.gov/eb/Orders/fcc00390.txt
  • No. EB-00-IH-0055 ) INTELLICALL OPERATOR SERVICES ) NAL/Acct. No. X32080023 FORFEITURE ORDER Adopted: October 27, 2000 Released: November 1, 2000 By the Commission: I. INTRODUCTION In this Forfeiture Order, we find that Intellicall Operator Services (``Intellicall'') has violated Section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), 47 U.S.C. � 254(d), and Section 54.706 of the Commission's rules, 47 C.F.R. � 54.706, by willfully failing to make a required contribution to universal service support programs. Based on our review of the facts and circumstances in this case and after considering Intellicall's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that Intellicall is liable for a forfeiture in the amount
• http://www.fcc.gov/eb/Orders/fcc00423.doc http://www.fcc.gov/eb/Orders/fcc00423.html http://www.fcc.gov/eb/Orders/fcc00423.txt
  • ) File No. EB 00-IH-0053 ) America's Tele-Network Corp. ) NAL/Acct. No. x32080024 FORFEITURE ORDER Adopted: November 30, 2000 Released: December 5, 2000 By the Commission: I. INTRODUCTION 1. In this Forfeiture Order, we find that America's Tele-Network Corp. (``ATNC'') has violated section 254(d) of the Communications Act of 1934, as amended (the ``Communications Act'' or the ``Act''), and section 54.706 of the Commission's rules by willfully and repeatedly failing to make required contributions to universal service support programs. Based on our review of the facts and circumstances of this case and after considering ATNC's response to our Notice of Apparent Liability (``NAL'') in this matter, we conclude that ATNC is liable for a forfeiture in the amount of one hundred
• http://www.fcc.gov/eb/Public_Notices/DA-04-437A2.html
  • See OSC, 18 F.C.C. Rcd at 6894-95 ( 39). By Memorandum Opinion and Order, FCC 03M-33, released August 20, 2003 (``MO&O''), additional issues were specified to determine whether BOI and its related entities, Buzz Telecom Corp. (``Buzz''), U.S. Bell and/or Link Technologies (collectively, ``U.S. Bell'') failed to make required universal service contributions in violation of 254(d) of the Act and 54.706 of the Commission's rules (Issue g); to determine whether BOI, Buzz and/or U.S. Bell had failed to make required contributions to the Telecommunications Relay Services Fund in violation of 64.604(c)(5)(iii)(A) of the Commission's rules (Issue h); and to determine whether BOI, Buzz and/or U.S. Bell failed to file Telecommunications Reporting Worksheets (``Worksheets'') in violation of 54.711, 54.713 and 64.604(c)(iii)(B) of
• http://www.fcc.gov/wcb/tapd/universal_service/Archives/univsvce2002archive.html
  • DKT 96-45 Roseville Telephone Company RE: Granted the request to withdraw the petition for limited waiver, and dismissed without prejudice for limited waiver of section 54.309. [40]Word | [41]Acrobat | [42]Text 4/8/02 Order, DA 02-775, CC DKT 96-45 WJG Maritel Corporation RE: Granted the request to withdraw petition for waiver, and dismissed withut prejudice the petition for waiver of section 54.706. [43]Word | [44]Acrobat | [45]Text 4/8/02 Order, DA 02-776, CC DKT 96-45 Cellular South License, Inc. RE: Granted the request to withdraw the petition for waiver, and dismissed without prejudice the petition for waiver of section 54.313. [46]Word | [47]Acrobat | [48]Text March 2002 3/28/02 FCC 02-97, Order, CC DKT 96-45 Federal-State Joint Board on Universal Service RE: The Commission